Loading...
20-1328SA\Legal\Our Documents\Ordinances\20\Links Construction Special Permit Construction Work - REVISED FINAL.Docx ORDINANCE NO. 20-1.328 AN ORDINANCE OF THE CITY OF DENTON REGARDING A SPECIAL PERMIT, PURSUANT TO SECTION 17-20(c)(3)(f) OF THE CODE OF ORDINANCES, FOR LINKS CONSTRUCTION, LLC TO PERFORM CONSTRUCTION WORK AT 3500 NORTH BONNIE BRAE STREET, OUTSIDE OF TIMES NORMALLY ALLOWED UNDER DENTON' S NOISE ORDINANCE FOR NO MORE THAN TWO DAYS PER WEEK, FROM JULY 31, 2020 TO SEPTEMBER 30, 2020, FROM 2:00 A.M. TO 6:00 A.M. FOR CERTAIN SPECIFIED LOCATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the hours for the construction of any building within the limits of the City of Denton are ordinarily limited to the hours between 6:00 a.m. through 8:30 p.m. Monday through Friday from June 1 to September 30, pursuant to Section 17-20(c)(3)(f) of the Code of Ordinances; and WHEREAS, pursuant to this Code provision, the City Council may issue special permits or exceptions for construction work at other hours, in cases of urgent necessity and in the interest of public safety and convenience; and WHEREAS, Links Construction, LLC, through its project manager Ole Grauke, has requested a Special Permit to allow construction work outside those hours ordinarily authorized in the Code of Ordinances for no more than two days per week, from July 31, 2020, to September 30, 2020, to allow the continuous pour of concrete foundations from 2:00 a.m. to 6:00 a.m. in the green foundation areas depicted in the attached Exhibit A, however, concrete pour sites located adjacent to the Brentwood Place Townhome development will comply with the construction hours as set forth in Section 17-20(c)(3)(f) of the Code of Ordinances; and WHEREAS, Links Construction, LLC provided written notification of their proposed construction plan to all property owners located within a 500 -foot radius of the Mark at Denton, including the proposed concrete pour schedule; has communicated directly with the property management company for the adjacent Brentwood Place Townhomes; and has conducted three community meetings to discuss the construction schedule and solicit public input; and WHEREAS, the City Council finds that the extended hours of operation for the construction requested is for a case of urgent necessity and in the interest of public safety, due to the following reasons: 1. Fewer, larger placements limit total number of noise incursions, 2. Reduced impact to community streets and waters from storm events, 3. Worker Safety during expected summer heat, and 4. Highest volume of construction traffic moved to pre -rush hour; and WHEREAS, the City Council further finds that granting a special permit for this construction project, limited to the extended hours requested, and limited to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals in the preamble of this ordinance are found to be true and are incorporated into the body of this ordinance as if set out fully herein. SECTION 2. Pursuant to Section 17-20(c)(3)(f) of the Code of Ordinances, Links Construction, LLC is hereby granted a special permit to perform construction work outside the regular hours provided by the Code, subject to the following restrictions: 1. This Special Permit is granted only in connection with the construction of the foundations of The Mark at Denton site at 3500 Bonnie Brae Street, specifically only the green foundation area depicted in the attached Exhibit "A," for the weeks of July 31, 2020, through September 30, 2020, for no more than two days per week, from the hours of 2:00 a.m. to 6:00 a.m. Construction work in the red concrete pour sites located adjacent to the Brentwood Place Townhome development, s depicted in Exhibit "A," shall comply the hours set forth in Section 17-20(c)(3)(f) of the Code of Ordinances. 2. Links Construction, LLC agrees to take full responsibility for ensuring that the conditions of this Special Permit are me and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the construction project. 3. Under no circumstances shall Links Construction, LLC perform construction work later than 8:30 p.m. on any day. SECTION 3. This Ordinance, nor the Special Permit granted herein, confers no personal or property rights, and may be amended, modified, suspended, or revoked through the issuance of a stop work order of the Building Official acting as the City Council's designee, upon his determination that the level of noise during those extended hours exceeds the standards of Denton Code sec. 17-20(c)(1) or (c)(2). Such stop work orders are appealable in the manner ordinarily applicable to stop work orders issued by the Building Official. Alternatively, the City Council may revoke the Special Permit at any time upon finding that such extended hours are no longer justified by urgent necessity or no longer serve the interests of public safety. No property right is intended by the granting of this Special Permit SECTION 4. This Ordinance shall be strictly construed as a Special Permit 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 correction with this construction project, and hereby disclaims any promissory, or equitable, estoppel which might in any way impede the pursuit of such remedies by any person. SECTION 5. This Ordinance shall be effective immediately upon its passage and approval. Page 2 of 3 The motion to approve this ordinance was made by �r,;� and seconded by Q,e,1 be % S , the ordinance was passed and approved by the following vote [ f� - 1: Aye Nay Abstain Absent Mayor Chris Watts, ✓ Gerard Hudspeth, District 1: ✓ _ Keely G. Briggs, District 2: ✓ Jesse Davis, District 3: ✓ John Ryan, District 4: ✓ _ _ _ Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: ✓ _ PASSED AND APPROVED this the 2.g� day of --�J , 2020. (I A All CHRI ATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY r I D Fol BY: -- .O�. -� ------ 1pN Alt APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY 7 BY: Page 3 of 3 Exhibit A It --- r_BONNIE BRAS - r E: = I = - = p =_ -= v _- _ m Zi a _ _ _=. m - - ] Z t- .� a' n a- 91/ j _-•�'�•---- - --L- —> 2 G q" AJ C: r sj•�ig wC2;uma }m.. yplF�{... III ��ToaZ i IIP N C) rim � z m r r m s } 1 own D gv--