21-213921-2139
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON GRANTING ARCO NATIONAL
CONSTRUCTION A SPECIAL PERMIT PURSUANT TO SECTION 17-20 OF THE CITY OF
DENTON CODE OF ORDINANCES, WITH RESPECT TO SOUND LEVELS AND HOURS
OF OPERATION FOR CONSTRUCTION OF 1-35 COLD STORAGE LOCATED AT 6651
NORTH I-35; GRANTING A VARIANCE IN THE HOURS OF OPERATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the work hours for the construction of any building within the limits of the City
of Denton are limited to 7:00 a.m. and 8:30 p.m. Monday through Friday from October 1 to May
31, pursuant to Section 17-209(c)(3)(f) of the Code of Ordinances; and
WHEREAS, the City Council may issue special permits or exceptions for construction work
at other hours in case of urgent necessity and in the interest of public safety and convenience,
pursuant to Section 17-20(c)(3)(f) of the Code of Ordinances; and
WHEREAS, Arco National Construction is building 1-35 Cold Storage, which is located at
6651 North I-35, in Denton Texas (hereafter, the "Site").
WHEREAS, Arco National Construction has made an application to the City Council for
an exception to Section 17-20 of the Code of Ordinances regarding sound levels and hours of
operation in connection with the construction of the Site as follows: to commence construction
work at 6:00 AM, Monday through Saturday, through August 1, 2022; and to commence the
pouring of continuous concrete foundations as early as 1:00 AM at dates and durations described
on Exhibit A, from October 1, 2021 to June 1, 2022,
WHEREAS, the City Council of the City of Denton, finds that granting a noise exception
for this construction project, limited to the aforementioned periods, subject to the restrictions
contained herein, would serve the interest of public safety and convenience;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals in the preamble of this ordinance and incorporated into the body
of this ordinance as if set out fully herein.
SECTION 2. Pursuant to Section 17-20 of the Code of Ordinances, Arco National
Construction is hereby granted an exception to said section's amplified sound prohibition subject
to the following restrictions:
This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of
the City of Denton, is granted as follows: construction activity may commence at 6:00
AM, Monday through Saturday, until August 1, 2022; concrete foundation pouring may
commence as early as 1:00 AM on the dates described in Exhibit A, but no longer than
June 2, 2022.
2. Arco National Contractors agree 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 construction project.
Under no circumstances shall Arco National Contractors perform construction work later
than 8:30 p.m. on any day.
4. 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.
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 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 3. This Ordinance shall be effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded byRK -,ck'f) 'i">qu , , the ordinance was passed and approved
by the following vote 1 -1 - pi:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth, .l
Vicki Byrd, District 1: � %/
Brian Beck, District 2: ✓
Jesse Davis, District 3:
Alison Maguire, District 4: �f
Deb An nintor, At Large Place 5: ✓
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 4 � o day of (JC'�! C00 Q.0 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWALD, CITY ATTORNEY
Hilary Negron
2021.10.08
BY: - 14:52:42 -05`00'
ESC H I BIT A
!raskName Duration Start Finish
Cold Creek - Denton TX 327 days Wed 4/14121 Tue 7/26/21
Snrl 182 days Mon 8116/21 Tue 5/3/21
m
Site Concrete 145 days Thu 9130121 Tue 4/26/22;
Concrete Pavement Fine Grade &
69 days= Mon 10/4/21 Wed 1/12/22;
[Placement
Pour 1- Barthold Rd Entry Rd 3 days Mon 10/4121; Wed 1016/21
g
Pour 2- Truck Parking 3 days, Mon 10/11/21' Wed 10/13/21
Pour 3- Truck Parking 3 days; Wed 10/13/21 Fri 10/15/211
Pour 4- Truck Parking 3 daysi Fri 10/15/21. Tue 10/19/21
Pour 5- Dock Apron 3 days, Wed 11/10/211 Fri 11/12/21
Pour 6- Dock Apron 3 days, Tue 11/16/21 Thu 11/18/21
Pour 7- Dock Apron 3 days! Mon 11/22/21 Wed 11/24/21
Pour 8- Car Parking 3 days/ Wed 11124/21; Tue 11/30/21
Pour 9- TxDOT Entry 3 days( Tue 11/30/21 Thu 12/2/21
Pour 10- Car Parking 3 days] Thu 12/2/21 Mon 12/6/21;
Pour 11- Car Parking 3 days] Mon 12/6/21 Wed 12/8/21
Pour 1.2- Car Parking 3 daysi Wed 12/8/21 Fri 12/10/21
Pour 13- Car Parking 3 days; Fri 12/1.0/21 Tuc 12/14/21.
Pour 14- Dumpster Enclosure/Car Parking 3 days] Mon 1/10/221 Wed 1/12/22
Ramp Ftgs & Walls 13 days Wed 11/3/21 Fri 11/19/21
SW Ramp Footings/Walls/Pavement 5 days] Wed 11/3/21 Tue 11/9/21
S Middle Ramp Footings/Walls/Pavement 5 days Tue 11/9/21 Mon 11/15/21
SE Ramp Footings/Walls/Pavement 5 daysi Mon 11/15/21 Fri 11/19/21'
Building Sidewalks 10 days; Wed 4/13/221 Tue 4/26/22
Dumpster Enclosure 8 days Wed 12/15/21 Mon 12/27/2
Concrete Footings 2 days] Wed 12/15/21; Thu 12/16/211
Miscellaneous Site Items 137 days Thu 1/13122 Tue 7/26/2
Bike Racks l day€ Tue 4/26122. Tue 4126/221
Mechanical Building 99 days Mon 10/11/21 Wed 3/2/22
Concrete Foundation Piers I day] Mon 10/11/21 Mon 10/11/2111
Concrete Foundation Grade Beams 3 daysi Fri 12/3/21 Tue 12/7/21E
Concrete Foundation Pad/Pavement 2 daysi Wed 12/8/21 Thu 12/9/211
Fire Pump Building 64 days Fri 1213/21 Fri 3/4/22
4
Pump House/Water Tank Footings/4" Sand Base 5 days; Fri 12/3121 Thu 12/9121
Foundatio
51 days
Mon 9/27121
Wed 1
Building Pad Cut Backs For Foundations
5 days;
Tue 9/28/21
Mon 10/4/21r
Building Foundation Piers _
17 days.
Mon 9/27/21
Tue 10/19/21;
Tie Pier Re -Steel (TAS Set Date)
5 days.
Mon 9/27/21
Fri 1011121,
Drill and Place Concrete Piers Area 1
6 days.
Mon 10/4/21
Mon 10/11/21:
Drill and Place Concrete Piers Area 2
6 days:
Tue 10/12/21
Tue 10/19/21;
Building Gracie Beams
40 days
Wed 10/6/21
Thu 12/2/21;
Form & Place Grade
20 days
Wed 10/6/211
Tue 11/2/21
[Beams/Insulation/Backfill/Lime Cap Area 1
Form & Place Grade
20 days
Wed 11/3/21
Thu 12/2/21
[Beams/Insulation/Backfill/Lime Cap Area 2
Form and Place Fire Riser Hut Grade Beams
4 days
Fri 12/3/21
Wed 12/8/21j
Mud Slabs
25 days
Wed 11/10/21
Thu 12/16/2
Pour 1
3 days
Wed 11/10/21
Fri 11/12/21
ed
Pour 2
3 days,
Mon 11/22/2-- 1
11/24/21
Pour 3
2 days,
Wed 12/1/21
Thu 12/2/21
Pour 4
2 days,
Wed 12/8/21
Thu 12/9/21
Pour 5
2 day&
Wed 12/15/21
Thu 12/16/21;
Office Area/Dock Pit Concrete Slabs
10 days
Fri 12/17/21
Mon 1/3/22;
Office Area #1
3 days
Fri 12/17/21
Tue 12/21/21
Office Area 92
3 day;
Wed 12/22/21
Mon 12/27121.
Dock Pit Bottoms
4 days;
Tue 12/28/21
Mon 113/22;
l