23-821ORDINANCE NO. 23-821
AN ORDINANCE OF THE CITY OF DENTON GRANTING GREENBERG FARROW ANOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF DENTON CODE
OF ORDINANCES, WITH RESPECT TO SOUND LEVELS AND HOURS OF OPERATIONFOR CONCRETE FOUNDATION POURS AND SLABS RELATED TO CONSTRUCTION OFA NEW RETAIL BUILDING LOCATED AT 2950 W UNIVERSITY DR; GRANTrNG ANINCREASE IN SOUND LEVELS AND A VARIANCE IN THE HOURS OF OPERATIONWHICH MAY BE AFFECTED BY WEATHER, FROM 12:00 A.M. TO 8:30 P.M., WITHSOUND 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, Greenberg Farrow 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 14 instances of concrete foundation and slab pours related toconstruction of a new retail building at 2950 W University Drive, with such construction activity
occurring from April 2023 through November 2023; and
WHEREAS, based upon the application narrative provided by Greenberg Farrow, the City
Council of the City of Denton, finds that granting a noise exception for the described 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, Greenberg Farrow is
hereby granted an exception to said section’s amplified sound prohibition subject to the followingrestrIctIons :
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 a new retail building site, at 2950 W University Dr., for the following months (weather
permitting): April 2023, May 2023, June 2023, July 2023, August 2023, September 2023,October 2023, and November 2023 .
2.Greenberg Farrow 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 Greenberg Farrow continue construction past 8:30 p.m. on
any day.
4 Under no circumstances shall Greenberg Farrow use construction equipment that exceeds
85 dba when measured from the perimeter of the source as measured by an approved
measurIng rnstrument.
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 December 1, 2023,
unless sooner repealed, modified, or rescinded.
The motion to approve this ordinance was made by ] and
seconded by acssc T)hw, I , the ordinance was passed and approved bythe following vote X - 6 ]:
AyeJ
1/J
J
Nay Abstain Absent
Mayor Gerard Hudspeth,
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis, District 3 :
VACANT. District 4:
Brandon Chase Mcgee,
At Large Place 5:1/JChris Watts, At Large Place 6:
PASSED AND APPROVED this the al day of Ipl J 2023.
GEm KN
ATTEST:JESUS SALAZA ,M CITY SECRETARY \\\II IIII//
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APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
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BY: \ J v -05'OO‘