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File #: MOT 22 -017    Version: 1
Type: Motion Status: Approved
File created: 10/24/2022 In control: City Council
On agenda: 11/7/2022 Final action: 11/7/2022
Title: Noise Ordinance - Late Night Foundation Pours Selig Enterprises, Heartwood 4493 Brownsville Rd
Related files: PZ 24-031

Action Summary:

title

Noise Ordinance - Late Night Foundation Pours
Selig Enterprises, Heartwood
4493 Brownsville Rd

 

MIT

MIT Supported - Mark All Applicable

Critical Staffing Needs (staffing shortages, retention)

Financial Stability/Sustainability (diverse tax base)

Safety & Protecting Community (code enforcement, stormwater)

Commercial Development

Downtown Development

Tourism (increase share; museum should equitably represent community; events)

Downtown Parking (address parking needs)

Youth Program/Council (community center for youth and seniors; learning gap)

Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)

staffnotes

Staff Notes

Staff received complaints that there have been late night foundation pours at the Selig development located at 4493 Brownsville Road. Section 10-53 of the Code of Ordinances provides the following:


The operation of motorized construction equipment and the performance of outdoor  
construction and/or demolition activity on any building, structure, road or project shall be prohibited during the following times: Monday through Saturday from 6:00 p.m. until 7:00 a.m. during Eastern Standard Time and from 7:00 p.m. until 7:00 a.m. during Eastern Daylight Time, and all day Sunday. This provision shall not apply if the noise control administrator determines that the loss or inconvenience that would result to any party in interest is of such a nature as to warrant special consideration. In such cases, the noise control administrator may grant a renewable permit for a period not to exceed ten (10) days for this work to be done, but in no case shall any such work contemplated herein be performed between the hours of 10:00 p.m. and 7:00 a.m.

Selig Enterprises has requested permission to pour outside of the hours of the Code of Ordinances.

The representative of Selig Enterprises, Inc. has stated that there is a major concrete shortage in the area and they are limited to being able to pour when the concrete company is available. They have requested following times for pouring. Additional late night pours may be needed to complete the project.

Building 600 - October 28, Friday 4 AM  (Thursday Night)
Clubhouse - October 29 Saturday 3 AM (Friday Night )
Buildings 200/300 - Nov 3 Thursday 2 AM (Wednesday Night)
Garage D - Nov 10 Thursday 3 AM (Wednesday Night)


Staff has spoken to an adjacent property owner, and staff has requested that trucks not use the access road between Villas of Seven Springs West and the site. The developer has agreed to limit access to the site during the hours beyond the limits of the ordinance.