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Home My WebLink AboutOrdinance No. 2026-2655CITY OF THE COLONY, TEXAS ORDINANCE NO. 2026-2655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SECTION 10-200, ENTITLED "SCHEDULE OF USES BY DISTRICTS" BY ADDING DATA CENTERS TOP THE USE CHART; AMENDING APPENDIX A, SECTION 10-300, ENTITLED "DEFINITIONS AND EXPLANATIONS APPLICABLE TO USE SCHEDULE" BY ADDING A DEFINITION FOR DATA CENTERS; AND AMENDING APPENDIX A, BY ADDING A NEW SECTION 10-500, ENTITLED "DATA CENTERS" BY ADDING REGULATIONS FOR DATA CENTERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before the 15th day before the date of the public hearing; and WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of The Colony, Texas, provides the following "[a] public hearing shall be held by city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given per the publication policy of the city, stating the time and place of such hearing, and shall be published a minimum of 15 days prior to the date of the public hearing"; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and finds that said changes should be granted, and that the Code of Ordinances should be amended. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That Appendix A, Section 10-200 of the Comprehensive Zoning Ordinance of the City of The Colony, Texas, entitled "Schedule of Uses by Districts "is hereby amended by adding "(224) Data centers" to the use chart which shall read as follows: Type SF D TH =NN A P 01 02 NS SC GR LC HC I BP Of Use 224 Data N N N N N N N N N N N N N N centers SECTION 3. That Appendix A, Section 10-300 of the Comprehensive Zoning Ordinance of the City of The Colony, Texas, entitled "Definitions and explanations applicable to use schedule" is hereby amended by adding subsection (224) entitled "Data centers" which shall read as follows: 11(224) Data Center: A facility or campus of facilities primarily engaged in the processing, storage, management, transmission, and distribution of digital data and information using servers, data storage equipment, networking equipment, electrical infrastructure, cooling systems, and related support facilities. A Data Center may include emergency power generation, utility substations, security facilities, and administrative offices incidental to the primary use. This use does not include general office buildings, retail sales, warehouses used primarily for distribution and or consumer -facing commercial establishment." SECTION 4. That Appendix A, Section 10-500 of the Comprehensive Zoning Ordinance of the City of The Colony, Texas, entitled "Data Centers" is hereby added which shall read as follows: 1110-500. Data Centers. A Data Center shall be subject to the following minimum characteristics and performance standards: (a) Minimum Site Area and , on . All data centers shall be approved through a planned development district establishing site-specific development standards including at a minimum building placement, landscape buffering, screening, utilities, phasing, drainage, transportation improvements and noise mitigation. (1) Proposed Data Centers shall be located on a site containing no less than 25 acres. (b) Noise Standards. Applicant shall enginet a erNoise the�establ establdy prepared ishment of the prof Plsanned acoustical consultant or qualified g Development. Data Center facilities (including incidental mechanical equipment, cooling system, backup generators etc.), shall not create continuous or intermittent operational noise, that exceed the following: (1) 55 dBA at the property line at all hours (2) Facilities shall incorporate noise reduction measures, such as but not limited to acoustic enclosures, berms (or other significant live screens or buffers), building orientation, and sound walls, particularly when adjacent to residential or mixed-use areas; and (3) Routine testing of backup generators shall be limited to daytime hours except in emergencies. Page 2 Noise shall be measured in accordance with ANSI S12 using "A -Weighted" sound level meter or equivalent. (c) Water Clsa a and Conservation. Applicants shall submit a Water and Sewage Impact Analysis and Conservation Plan prepared by a qualified engineer. Analysis must identify the following: (1) Annual consumption estimate; (2) Peak demand estimates; (3) Cooling systems and technology; (4) Conservation measures; (5) Reclaimed water opportunities; and (6) Drought operations, and or contingency measures. The City may require connection to reclaimed water systems or the establishment of other water saving measures if available. (d) Pawer Su 1 and Ener1.1Y infrastructure. all ssn support electrical demand, including redundant power syemsPowerppl d equipment necessary for operation must be subterraneous to avoid visibility. (1) Applicants shall provide a Power Impact Analysis identifying: (A) Total projected load (MW); (B) Coordination with the local utility provider; (C) Infrastructure upgrades, if required; and (D) on-site backup generation (e.g, diesel or natural gas generators) shall be permitted, provided emissions and noise are mitigated. (2) Developments are strongly encouraged to incorporate: (A) Renewable energy sources; and (B) Energy efficiency measures consistent with industry standards (e.g., low Power Usage Effectiveness (PUE)) (e) Site Desi and Cobilit . A development plan shall be provided in accordance with Section 17 of the Code of ordinance hall alanao incorporate recommend the followiy theng standardsevelopmen: Review Committee. The development Plan (1) A minimum 1,000 -foot buffer shall be provided adjacent to residential zoning districts, including landscaping, screening, or bezming. Buffers, berms, walls and screening shall be maintained in good condition for the life of development. (2) Exterior lighting shall be fully shielded and downward directed. Page 3 (3) Access shall be controlled and secured, with minimal traffic generation compared to traditional commercial or industrial uses. (4) Electrical substations, transformers, and mechanical equipment shall be screened from public streets and adjacent residential areas. (5) Backup generators should comply with all applicable State and Federal emission regulations. (6) Exhaust from cooling systems should not create measurable nuisance impacts on adjacent properties. (7) Fuel storage and batteries should comply with applicable Fire and Building codes. (8) Emergency access shall designed to accommodate Fire and Emergency vehicle access and accommodate fire protection apparatus. ( Decommissioning Plan. A Decommissioning Plan shall be provided and shall address the removal of equipment, restoration of unused areas and the capacity to reuse the site and facility. The Decommissioning Pian shall identify the following: (1) Equipment removal; (2) Hazardous material disposal; (3) Demolition; (4) Site stabilization; and (5) Future reuse or redevelopment of the site." SECTION 5. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the CitY Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 7. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sun- of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. Page 4 SECTION 8. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 18th DAY OF AUGUST 2026. ARichardAoyerMa r City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. *ore, City Attorney Page 5 vi