22-2273ORDINANCE NO. 22-2373
AN ORDINANCE OF THE CITY OF DENTON GRANTING RIDGEMONT COMMERCIALCONSTRUCTION A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITYOF DENTON CODE OF ORDINANCES, WITH RESPECT TO SOUND LEVELS ANDHOURS OF OPERATION FOR CONCRETE POURS AND RETAINING WALL ROCK
DELIVERY RELATED TO CONSTRUCTION OF TWO NEW INDUSTRIAL BUILDINGS,LOCATED AT 3333 W UNIVERSITY DR; GRANTING AN INCREASE IN SOUND LEVELSAND A VARIANCE IN THE HOURS OF OPERATION WHICH MAY BE AFFECTED BYWEATHER, FROM 1 :00 A.M. TO 8:30 P.M., DURING WEEKDAYS ONLY, WITH SOUND
NOT TO EXCEED 85 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
the public interest will be served thereby; and
WHEREAS, Ridgemont Commercial Construction 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 26 instances of concrete pours and retaining
wall rock delivery related to construction of two industrial buildings at 3333 W University Drive,
with such construction activity occurring from December 2022 through February 2023; and
WHEREAS, based upon past history, the City Council of the City of Denton, finds that
granting a noise exception for this event, subject to the restrictions contained herein, would servethe 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, Ridgemont Commercial
Construction 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 the foundation
of the two new Denton Industrial Buildings site, at 3333 W University Dr, for the following
months (weather permitting) the months of December 2022, January 2023, and February2023
2. Ridgemont Commercial Construction 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. Under no circumstances shall Ridgemont Commercial Construction continue construction
past 8:30 p.m. on any day.
4. Under no circumstances shall Ridgemont Commercial Construction use construction
equipment that exceeds 85 dba when measured from the perimeter of the source as
measured by an approved measuring instrument.
5. 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, orfor no reason.
6.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 such
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 foundation pour on or before March 1,
2023, unless sooner repealed, modified, or rescinded.
s e c o n d nrrI o t i o n b==i e ta(T n a n c e xv a s rr1 a t : : rd in=C=phil approve da : :
the following vote L - ILl :
Aye
-/
Nay Abstain Absent
Mayor Gerard Hudspeth,
Vicki Byrd, District 1 :L/
W/Brian Beck. District 2:
Jesse Davis, District 3 :1/‘
VACANT. District 4:
Brandon Chase McGee.
At Large Place 5 :.r
Chris Watts, At Large Place 6:,/
PASSED AND APPROVED this the L/r)- day of LaMAr ' 2022.
GERAR§Ems
ATTEST:
ROSARIOS, CITY SECRETARY
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\APPROVED AS TO LEGAL FORM:MACK RErNWAND. CITY ATTORNEY
Hilary Negron2022.12.02 09:43:28
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