HomeMy WebLinkAbout25-878ORDINANCE NO. 25-878
AN ORDINANCE OF THE CITY OF DENTON GRANTING LANDMARK PHASE 1, LLC
AND HR, IV, LP A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF
DENTON CODE OF ORDINANCES, WITH RESPECT TO SOUND LEVELS AND HOURS
OF OPERATION FOR CONCRETE STREET AND ALLEY POURS, SAW CUTTING,
DELIVERY OF CONSTRUCTION MATERIALS, AND UTILITY INSTALLATION
RELATED TO CONSTRUCTION OF A NEW RESIDENTIAL COMMUNITY AND
COMMERCIAL DEVLEOPMENT, LOCATED AT 8209 AUTUMN SAGE TRAIL;
GRANTING AN INCREASE IN SOUND LEVELS AND A VARiANCE IN THE HOURS OF
OPERATION WHICH MAY BE AFFECTED BY WEATHER, FROM 8:30 P.M. TO 12:00
A.M., WITH SOUND NOT TO EXCEED 91 DECIBELS; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, the
City Council may make exceptions upon application for sound levels or hours of operation when
there is urgent necessity and in the interest of public safety and convenience; and
WHEREAS, Landmark Phase 1, LLC and HR, JV, LP has made an application to the City
Council for an exception to the provision of Section 17-20 of the Code of Ordinances regarding
sound levels and hours of operation for approximately 60 instances of concrete street and alley
pours, saw cutting, delivery of construction materials, and utility installation for a new residential
and commercial development at 8209 Autumn Sage Trail, with such construction activity
occurring from June 1, 2025 through December 3 1, 2025 ( the “Subject Construction Activity”).;
and
WHEREAS, the Subject Construction Activity will occur at least 1,300 feet from any
residential areas, and minimum activities will occur within 200 feet of Robson Ranch Road; and
WHEREAS, based upon past history, the City Council of the City of Denton, finds that
granting a noise exception for the Subject Construction Activity, subject to the restrictions
contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances. Landmark Phase 1. LLC
and HR, JV, LP. is hereby granted an exception to said section’s amplified sound prohibition
subject to the following restrictions:
1 This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of
the City of Denton, is granted only in connection with the construction of approximately
60 instances of concrete street and alley pours, saw cutting, delivery of construction
materials, and utility installation for a new residential and commercial development at
8209 Autumn Sage Trail, the following months (weather permitting) the months of June
2025, July 2025, August 2025, September 2025, October 2025, November 2025, and
December 2025 .
2.Landmark Phase 1, LLC and HR, JV, LP. agrees to take full responsibility for ensuring
that the conditions of this exception are met and to take all reasonable measures necessary
to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the event.
3.
4.
Under no circumstances shall Landmark Phase 1, LLC and HR, JV, LP. continue
construction past 1 1 :59 p.m. on any day.
Under no circumstances shall Landmark Phase 1, LLC and HR, JV, LP. use construction
equipment that exceeds 91 dba when measured from the perimeter of the source as
measured by an approved measuring instrument.
5.Landmark Phase 1, LLC and HR, JV, LP. agrees provide notice to homeowner associations
within 2,000 feet of the exception to the noise ordinance and provide contact information
for onsite representative of Landmark Phase 1, LLC and HR, JV, LP. to address concerns
and provide information related to the Subject Construction Activity.
6.This Ordinance confers no personal or property rights, and may be amended, modified,
suspended, or revoked in whole or in part at the will of the City Council of the City of
Denton, without any advance warning, hearing, or compensation, for any reason at all, or
for no reason.
7.This Ordinance shall be strictly construed as an exception granted pursuant to Section 17-
20 of the Code of Ordinances of the City of Denton. The City of Denton expressly reserves
unto itself and all other persons any and all legal remedies, both civil and criminal, relating
to excessive noise in connection with the construction activity, and hereby disclaims any
promissory, or equitable estoppel which might in any way impede the pursuit of guch
remedies by any person.
SECTION 2. This Ordinance shall be effective immediately upon its passage and
approval and shall expire upon the completion of the street pours on or before January 1,
2026, unless sooner repealed, modified, or rescinded.
The motion to approve this ordinance was made by Joe Holland and seconded by Jill
Jester, the ordinance was passed and approved by the following vote [ 7 - 0 ] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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PASSED AND APPROVED this the 20th day of May, 2025.
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ATTEST :
LAUREN THODEN, CITY SECRETARY
L\\\\ III 11111
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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