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
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BY: -- .O�. -� ------
1pN Alt
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY 7
BY:
Page 3 of 3
Exhibit A
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