23-1273ORDINANCENO. 23-1273
AN ORDINANCE OF THE CITY OF DENTON GRANTING A SPECIAL PERMIT TOMCCARTHY BUILDING COMPANIES, INC. TO ALLOW FOR WORK HOURS OUTSIDE
THOSE ORDINARILY ALLOWED PURSUANT TO SECTION 17-20 (C)(3)(F) OF THE CITYOF DENTON CODE OF ORDINANCES, WITH RESPECT TO HOURS OF OPERATIONRELATED TO MAYHILL ROAD PHASE 2 CONSTRUCTION OF THE MAYHILL ROADBRIDGE OVER DENTON COUNTY TRANSPORTATION AUTHORITY, LOCATED AT2600 S. MAYHILL ROAD: PROVIDING FOR APPROVAL OF SPECIAL PERMIT FOR AVARIANCE IN THE HOURS OF OPERATION DURING WEEKDAYS AND WEEKENDS:AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the hours for the erection, excavation, demolition, alteration, or repair work
on any building within the limits of the City of Denton are ordinarily limited to the hours between
the hours of 6:00 a.m. and 8:30 p.m. Monday through Friday from June 1 to September 30; between
7:00 a.m. and 8:30 p.m. Monday through Friday from October 1 to May 31; between 8:00 a.m.
and 8:30 p.m. on Saturday; and between 1:00 p.m. and 8:30 p.m. on Sunday, pursuant to Section17-209(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 interestof public safety and convenience; and
WHEREAS, McCarthy Building Companies, Inc., has requested a Special Permit, as
shown in the attached Exhibit A, to allow work hours outside those ordinarily allowed for the
months of October 2023 thru October 2024 to allow for the construction of the Mayhill Road
bridge over the Denton County Transportation Authority (DCTA) for the installation of bridge
beams, deck panels, and continuous pour of deck pavement, authorizing unrestricted hours of
operation; and
WHEREAS, the Mayhill Road Phase 2 Project crosses the Dallas Area Rapid Transit
(DART) right of way; and
WHEREAS, the Federal Railroad Administration (FRA) is responsible to regulate the
safety of the nation’s railroad system and development of intercity passenger rail through several
means, including: Legislative Rules, Non-legislative Rules (Interpretive Rules and Policy
Statements), and Management and Procedural Rules; and
WHEREAS, the Ma)'hill Road Phase 2 Project crosses the Denton County TransportationAuthority (DCTA) rail lines; and
WHEREAS, the current DCTA A-train service schedule went into effect 9/7/21 and has
three (3) components:
Monday – Thursday service begins at 4:20 am and terminates at 9:44 pm.
By 10:30 pm, all A-train vehicles are off the rail corridor
Schedule frequency is every 30 minutes
0
0
o There are 34 Northbound (to Denton) and 33 Southbound (to Carrollton) trains.
o Total Monday – Thursday is 67 trains
Friday service begins at 4:20 am and terminates at 10:44 pm.
o By 1 1 :30 pm, all A-train vehicles are off the rail corridor
o Schedule frequency is every 30 minutes
o There are 35 Northbound (to Denton) and 34 Southbound (to Carrollton) trains
o Total Friday is 69 trains
Saturday service begins at 7:20 am and terminates at 10:44 pm.
o By 1 1:30 pm, all A-train vehicles are off the rail corridor
o Schedule frequency is every 60 minutes
o There are 16 Northbound (to Denton) and 15 Southbound (to Carrollton) trains
o Total Saturday is 31 trains; and
•
WHEREAS, Staff has reviewed and recommends approval of the submitted Special Permit
submitted by McCarthy Building Companies, as shown in Exhibit A; and
WHEREAS, the City Council finds that the extended hours of operation and/or Sundays
for the construction requested is for a case of necessity and in the interest of public safety, due to
the following reasons:1. Work within the railroad right of way is highly restricted and monitored,
2. Temperature constraint of a maximum 85 degrees for bridge decks, bridge slabs and
super structures,
3. DCTA train schedule runs trains with minimal gaps during the day,4. There are no residents within a 500-foot radius of the Mayhill Road bridge over DCTA;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 restrictionscontained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. Pursuant to Section 17-20(c)(3)(f) of the Code of Ordinances, McCarthy
Building Companies, Inc. is hereby granted approval for the Noise Ordinance Special Permit
submitted and attached as Exhibit A, for the amplified sound prohibition subject to the followingrestrrctlons:
1. Special Permit issued pursuant to Section 17-20(C)(3)(f) of the Code of Ordinances of the
City of Denton, is granted only in connection with the construction ofMayhill Road Phase
2 bridge over the DCTA train at 2600 S. Mayhill Road, for the following the months of
October 2023 through October 2024; and
2. McCarthy Building Companies, Inc. 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; and
3. 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; and
4.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 estoppe! 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
and shall expire upon the completion of the Mayhill Road Phase 2 Project (October 2024), unless
sooner repealed, modified, or rescinded.
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The motion to approve this ordinanpe was made by Lf \ aA Dc- I\ andseconded by Br „bJ on h,SL tIc,C,& approved by
the following vote n - o ]:
''y;‘
J
J
Nay Abstain Absent
Mayor Gerard Hudspeth,
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Paul Meltzer, District 3 :,/
,/Joe Holland, District 4:
Brandon Chase McGee,
At Large Place 5 :J
JChris Watts, At Large Place 6:
PASSED AND APPROVED this the \ )I d,y ,f f\c.Tso JI , 2023.BUT
GERARD ,EN
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ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
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EXHIBIT A
(NOISE ORDINANCE SPECIAL PERMIT)
3400 N Central Expe86way. SIC SOO, RIchardson. TX 750BO
972-991-5500 1 enunhy.cen
June 30, 2023
Tracy L. Beck, PE, PMPConstruction Projects ManagerCity of Denton - Capital Projects/Engineering401 N. Elm Street
Denton, TX 76201
RE:Mayhill Road PH 2 Capital Improvement Project – Noise Ordinance Special Permit Request
Dear Tracy,
This letter is to advise you in advance of essential construction activities for the Mayhill Road Phase 2 CapitalImprovement Project located at 2600 S. Mayhill Road Denton, Texas 76208.
McCarthy kindly requests the City of Denton's approval for the attached Noise Ordinance Special Permit to allowextended construction hours and days for bridge and pavement construction activities.
Section 17-20(c)(3)(D of the Code of Ordinances limits the work hours for the construction of any building from 7:00a.m. to 8:30 p.m. Monday through Friday from October 1 to May 31; from 6:00 a.m. to 8:30 p.m. Monday throughFriday from June 1 to September 30; from 8:00 a.m. and 8:30 p.m. on Saturday; and between 1:00 p.m. and 8:30p.m. on Sunday.
McCarthy requests an exception from the allowed construction work hours for the construction of the City’s CapitalProject Mayhill Road Phase 2 from October 2023 thru October 2024 (when the project construction is estimated to
be complete) to be allowed to work, as needed, with no time restrictions during weekdays and weekends, with pre-approval by the Capital Projects Manager.
The reason for the requested exception is to address the significant time restrictions working over and around theDallas Area Rapid Transit (DART) right-of-way and Denton County Transportation Authority (DCTA). As noted below,trains run nonstop throughout the day, resulting in the need to stop work when they pass. While attempts have andwill be made to accomplish as much work as possible within the gaps between passings, there are specific operationsthat will require work during an elongated duration over and around the tracks. The current A-train service schedulewent into effect 9/7/21 and has three components:
• Monday – Thursday service begins at 4:20 a.m. and terminates at 9:44 p.m. (Total 67 trains)o Schedule frequency is every 30 minutes in one direction
Average is 15 minutes for two-way traffic•
o By 10:30 pm, all A-train vehicles are off the rail corridor
Friday service begins at 4:20 am and terminates at 10:44 pm. (Total 69 trains)o Schedule frequency is every 30 minutes in one direction
Average is 15 minutes for two-way traffic•
o By 11:30 pm, all A-train vehicles are off the rail corridorSaturday service begins at 7:20 am and terminates at 10:44 pm. (Total 31 trains)o Schedule frequency is every 60 minutes in one direction
Average is 30 minutes for two-way traffic•
o By 11:30 pm, all A-train vehicles are off the rail corridor
•
•
In addition to working around DCTA Trains, night and weekend construction workhours will be beneficial to performthe tasks due the temperature constraints (max 85 degrees) for decks, slabs and superstructure construction andunexpected delays due to work-prohibiting weather and material delivery.
Thank you in advance for your consideration. Please let me know if there are any questions or if any additionalinformation is needed. Thanks!
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Sincerely,
Courtney KeI@%8''3W#Courtney Kelly, MBA, PE
Project Manager
McCarthy Building Companies
CHECKLIST RESPONSES
1.1.i Provide the name of the development and address:
• Project Name: Mayhill Road Phase 2 (City CIP PMO# 180009, File# 8092)
• Location: 2600 S. Mayhill Rd. Denton, TX 76208
• Contractor: McCarthy Building Companies, Inc.
3400 N. Central Expressway Suite 500, Richardson, TX 75080
• City Project Manager: Tracy L. Beck, PE, PMP
• McCarthy Project Manager: Courtney Kelly, MBA, PE
• McCarthy Superintendent: Alejandro V61ez Rodriguez, EIT
1.Iii.Description of construction activities being performed outside of allowed hours including the
hours requested
McCarthy requests for all night/weekend work for the operations over the DCTA train is to
complete the bridge superstructure efficiently and in a timely manner. The activities to be
performed outside of allowed hours will include, but are not be limited to:
• Hanging Beams
• Installing Deck Panels
• Placing Deck Pavement
1.liii.State the date range or specific dates when the construction activities are planned to occur
McCarthy is requesting the flexibility to work nights and weekends thru the duration of the
project (October 2023 thru October 2024) with no time restrictions with the understanding the
work will require prior approval by the Denton Capital Projects Manager and the work is
identified as essential to maintain the contract schedule (critical path activities) due to weather,
material availability, or other unplanned delays. McCarthy’s current construction schedule is asfollows:
• Hanging Beams – 10/06/2023 thru 10/13/2023
• Installing Deck Panels – 10/13/2023 thru 10/24/2023
• Placing Deck Pavement – 10/18/2023 thru 11/9/2023
1.liv.Describe the urgent necessity for the special permit request including what is unique about this
project requiring construction work to be conducted outside of the hours stipulated in theNoise Ordinance
The necessity is in response to the interest of public safety and constructability due to the followingconditions:
• Work within the DART railroad right of way is highly restricted and monitored requiring flaggers,
• DCTA train schedule runs trains with minimal gaps during the day with the exceptions of 10:00 pm and
4:00 am (Monday through Saturday) and Sunday making weekday and daytime construction of the
bridge nearly impossible,
• Temperature constraints of a maximum 85 degrees for bridge decks, bridge slabs and super structures
will require cooler and uninterrupted work times; and
The request to extend the duration through the end of the project (October 2024) is to prevent any future
urgent request(s) that could be needed to address unexpected issue(s).
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1.lv. Explain the plans to minimize the noise impact on the surrounding properties
The project is relatively remote and there are no residents within a 500-foot radius of the work
area. Minimizing noise impacts will not offer a significant benefit, if any.
1.lvi.State the proximity of the site to the nearest properties. Describe plans to notify and solicit
feedback from surrounding property owners
The project is relatively remote and there are no residents within a 500-foot radius of the work
area. The Pecan Creek Mobile Home Community is located over 800 feet to the east, the
Providence Place Apartment Homes are located over 500 feet to the west. Remaining nearby
developments include office/medical to the south, new apartment construction to the north, and
the City of Denton Landfill to the northeast.
1.2 Provide an aerial map of the development area
1.3 Provide a construction sequence map depicting the specific constructed work and locations
within the site that will be conducted during the requested special permit hours
The plan of action is to work in the area of the bridge from the South side heading North with
operations to hang the bridge beams, install deck panels, and place deck pavement.
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1.4 It is highly recommended that the developer/contractor conduct a community meeting with
the surrounding property owners. With this submission, provide the information presented at
the meeting and any feedback from the residents.
A Community Meeting for Construction Kick Off of Mayhill Road Phase 2 was held on March 9,
2023 and is posted on the City’s main website and on the project’s Discuss Denton website. There
are no residents within a 500-foot radius of this project and a separate meeting for this request is
not planned.