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2009-008RESOLUTION NO. 09-008 OFF C 4ECORDARESOLUTIONOFTHECITYCOUNCILOFTHECITY SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR SOUTHLAKE GREEN DAY EVENT ON MARCH 28, 2009 ON PROPERTY LOCATED AT 1400 FOUNTAIN PLACE AND 1400 E SOUTHLAKE BOULEVARD BEING LEGALLY DESCRIBED AS BLOCKS 7 AND 8, AND ADJACENT RIGHT-OF-WAY, SOUTHLAKE TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a mass gathering event for Southlake Green Day Event has been requested by a person or corporation having a proprietary interest in the properties zoned as DT" Downtown District; and, WHEREAS, in accordance with the requirements of Sections 45.1 (36) & 45.14 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a mass gathering event for Southlake Green Day Event on March 28, 2009 on property located at 1400 Fountain Place and 1400 E Southlake Boulevard being legally described as Blocks 7 And 8, and adjacent right-of-way, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 4892, Plat Record, Tarrant County, Texas, more fully and completely described in Exhibit "A", and as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1) The application was approved as presented. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 17th DAY OF FEBRUARY, 2009. ATTEST: A X. P_ Lori Payne, TRMC City Secretary V CITY OF SOUTHLAKE By: A - Andy Wambsganss, Mayor EXHIBIT "A" The property is located at 1400 Fountain Place and 1400 E Southlake Boulevard being legally described as Blocks 7 And 8, and adjacent right-of-way, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet 'A', Slide 4892, Plat Record, Tarrant County, Texas. EXHIBIT "B" SITE EXHIBIT r—== •-_ _.' _I' t 'tis' v t t. M •.:•: .':»` x3-` c.. 91 ht'7T a€ ft^.......__m..,, .. .....a ..,r ati. :k Th: ..,.«...._"$TJ„ ,•.w..l_ Il •,,..Y ..,.. Y.. , F' M}__ i' ' ..^AY',•l iiAt :. i r ii .' d fix C'VSN; I'i ACii a { , Proposed Signage Banner attached to Rustin Park pavilion — facing north W W w _ Lrj 1\1ill 3. T!K w 4 e,€147,, ° r .•,';'l Banner attached to Rustin Park pavilion — facing south 15, i i C) A, r ' lR E ENN', 2-49 Yard signs (13 total) that are proposed to be posted at the following eight locations: 18, FM 1709 at Southlake Town Square (1) North side of Southlake Town Square along SH 114 (2) Along the access road SH 114 near Home Depot (1) FM 1709 at The Shops of Southlake (1) Davis Blvd and FM 1709 (2) White Chapel Blvd and FM 1709 (2) White Chapel Blvd and Continental Blvd (2) Kimball Ave and FM 1709 (2) I t:.. •- P- -ate' ' 28, 2009 4 Pm 2,46v This is a representation of the type of tent one of the sponsors, Home Depot, may use. They could be flat on top; the exact tent that will be used has not yet been determined. If larger than 10x10, a permit must be obtained. A 4N GREE v Th, For More Informationcall: Lisa Ross, 817.337.4609 lisa(cDlirgroup.com Audra Lewandowski, 817:308.3823 audra ct'D.southIakeareenday.com www.southlakeqreendaV.com FACT SHEET SOUTHLAKE GREEN DAA' Southlake Green Day is Southlake's point of connection to learn about the many ways to be environmentally friendly and how to save and invest in a sustainable future, and improve daily living by going green. The theme is: Get Your Green Ori! Southlake Green Day is free and slated for: Southlake Town Square Rustin Park March 28, 2009 9:00 AM -4:00 PM Set up- 7:30 am Southlake Green Day will feature vendors, manufacturers and other businesses presenting products and information about going green. Also planned are demonstrations, lectures and interactive "how to" presentations about how the Southlake community can go the extra mile to take care of the environment. Residents can expect to see the latest fuel-efficient cars and learn about the latest proper disposal methods, what and how to recycle, how to compost and grow organic gardens, what's new in chemical -free dry cleaning, and sustainable decorating ideas for the home. There will be entertainment, food, prizes and much, much more. Our goal is to raise awareness about the many opportunities available to do something good for our environment. It's important that we are able to educate our children so they can inherit a healthy community," says Audra Lewandowski, event founder. "The theme, Get Your Green On, emphasizes the importance of personal accountability in a fun, light-hearted way. Our objective is to energize residents to action. We can all do something, a little something that goes a long way. Our goal is to host this event every year until every Southlake family has all the information they need to go green." Southlake Green Day will partner with Carroll Independent School District CISD) during education week to incorporate going green and collecting recyclables for grades K thru 6. Students will also be able to participate in a grand prize drawing of a bike. Other partners are: Society Life Magazine Keep Southlake Beautiful Bob Jones Nature Center Carroll ISD ASL Design OurGreatCity.com Polka Dot Printing The LJR Group, Inc. Southlake Green Day was conceived by GreenFellows, Inc., a Southlake, Texas-based consortium of business owners who want to lessen their environmental impact, remain viable and create community and business awareness about the value of "Going Green." For more information about how you can become involved in Southlake Green Day, please visit www.southlakeareenday.com. C Applicant's Response to Review Comments CONCEPT PLAN REVIEW SUMMARY Case No_: ZA08-099 Review No.: One Date of Review: 10/20/08 Project Name: Specific Use Permit — Green Day Exhibition at Rustin Park OWNER: APPLICANT: City of Southlake Audra Lewandowski ATTN: 405 Indian Paintbrush E: E: P: P: (817) 30B -3B23 F: F: (B17) 481-2091 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/07/013 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LORRIE FLETCHER AT (1317)748 -8069 - Please look at the below regulations from our Zoning Ordinance as it relates to Mass Gathering Permits and submit anything you may have that would satisfy the applicable areas. A summary sheet as described in my voice mail message would be acceptable. 45.14 MASS GATHERING EVENT a. The City Council may grant an application for a specific use permit for a mass gathering event if it finds the standards in this Ordinance are met. When considering an application fora permit, the City Council may establish specific conditions depending upon the nature of the proposed event and the traffic, health, and safety issues b. An application for a permit to hold a mass gathering event shall identify (i) the promoter; (ii) the mass gathering area; (til) the maximum number of patrons anticipated or tickets to be sold for the gathering; iv) the dates and time of day being considered for the mass gathering; (v) information pertaining to previous mass gatherings In the same mass gathering area or sponsored by the promoter or a related entity at other locations, within the previous two years; and (vi) shall provide other information which is reasonably related to the health, safety and welfare of the citizens, including: 1) a plan describing all measures and procedures designed to address safety concerns, including provisions for protecting the safety of those attendees at a general admission event; (contact Southlake Department of Public Safety, Captain Rusty Daniels 817-748-8133) Met with Lt. Douglas & Officer Salas. Planned for proper number of DPS officers and EMS personnel. Estimated costs= $455.00 Paper will be filed with DPS to request the off-duty personnel 2) a sketch or rendering showing the general layout or configuration of the mass gathering area and depicting the general location of the activities and facilities to be provided; (PROVIDED) 3) the name and address of each performer who has agreed to or been invited to appear at the mass gathering; No performer currently scheduled; we are talking with CISD and may have the Drum Corp and/or Marching Band. 4) the address of the property at which the mass gathering is to be held; and (PROVIDED) 5) evidence of the agreement between the promoter and the property owner for use of said property for the mass gathering event. (please contact Sandy Spurgin @ Southlake Town Square to gain support from surrounding property owner) * Yes, included in packet. 40 c. In considering whether to grant a mass gathering event special use permit, the City Council shall consider the following: 1) whether there Is convenient and safe access for the ingress and egress of pedestrians and vehicular traffic; * Yes 0 2) whether sufficient traffic control personnel is proposed to insure safety to all members of the traveling public, Including pedestrians, along all public roadways in the proximity of the mass gathering and/or along which the public is likely to travel to reach the mass gathering areas shall be provided; *Yes " 3) whether the mass gathering area is well drained and so arranged to provide sufficient space for persons assembled, vehicles, sanitary facilities, and appurtenant equipment; * Yes 40 4) whether sufficient illumination Will be provided at night to protect the safety of the persons assembled, *Yes " 5) whether adequate parking areas, including disabled persons' parking spaces, shall be provided for persons arriving by vehicular means. If the promoter proposes to utilize temporary off-site parking, then the promoter the mass gathering event the off-site temporary, parking area will not be utilized for purposes other than the mass gathering event; and * Yes 6) whether adequate provisions have been made for food supply, medical assistance, garbage disposal, water supply, parking, sanitation and toilet facilities, vermin control, and safety. * Y6 d. The promoter of amass gathering event shall comply with the following requirements during the mass gathering event and these requirements shall be deemed as part of a specific use permit granted for such an event: qi MA Food preparation, service and storage will be provided for pursuant to the requirements of the Texas State Department of Health, the county in which the mass gathering event takes place, or the City, whichever is more stringent. Verified with Duane Barritt, Tarrant County Public Health Dept, No food vendors will be selling food at this event. Z Water SuDD1v a) An adequate, safe supply of potable water, meeting the requirements of the Texas State Department of Health, the county In which the mass gath ring event takes place, or the City, whichever is more stringent, shall be provided, *Yes b) Transported water, if used, shall be obtained from an approved source, stored and dispensed in an approved manner- Approval as used in this paragraph means in compliance with standards adopted by the Texas State Department of Health, the count in which the mass gathering takes place, or the City, whichever is more stringent. " Yes M Sanitation Toilet facilities will be provided for pursuant to the requirements of the Texas State Department of Health, the county in which the mass gathering event takes place, or the City, whichever is more stringent, 14 * Yes. One set for every 50 persons. I will have 8 porta-potties; 4 on closed street near Gap and 4 near Nike 4) Refuse Disoosal a) Refuse shall be collected, stored, and transported in a manner that allows for recycling and protects against odor, infestation of insects and/or rodents and any other condition, which poses a threat to the health, safety, and welfare of the patrons of the mass gathering event or the public. * Yes. We will be responsible the trash/clean-up We will have recycling containers brought in for the event. Additionally, we are working with the Boys Scouts and high-school ers (gaining service hours) to cleanup atter event We expect trash to below since no food vendors will be at this event. b) Refuse and recycling containers shall be clearly marked and readily accessible * Yes c) The area where motor vehicles are parked shall have one (1) fifty (50) gallon refuse container or its equivalent for every twenty-five (25) such motor vehicles or one (1) sixteen (16) cubic yard trash container for every two thousand (2,000) motor vehicles and an appropriate number of recycling containers. "` Yes 0 d) All refuse will be collected from the assembly area at least twice each twelve (12) hour period of the assembly, with a minimum of two (2) such collections for a gathering exceeding six (6) hours, or more often if necessary, and disposed of at a licensed waste disposal facility. * Yes e) The grounds and immediate surrounding property shall be cleared of refuse within twenty-four 24) hours following a mass gathering event. * Yes f) In lieu of the above-mentioned requirements in this subsection, the promoter may submit an alternative plan for refuse disposal for the consideration by the City Council. 5) Vermin Control Insect, rodents, and other vermin shall be controlled by proper, sanitary practices, extermination, or other safe and effective control methods, where necessary, and animal parasites shall be controlled. 6) Safety a) Electrical systems shall be installed and maintained in accordance with the provisions of the applicable State standards and local standards and regulations, and shall be approved by a City of Southlake electrical inspector. b) Grounds, buildings, and related facilities shall be constructed, maintained and used in a manner as to prevent fire and in accordance with the applicable State and City fire prevention regulations. c) Internal and external traffic and security control shalt meet requirements of the applicable State and local law enforcement agencies. d) At least one law enforcement officer for each 600 persons expected to attend the mass gathering (but not fewer than a total of three officers) shall be on site to assist in crowd and traffic control. The City Council may require additional or fewer officers, depending upon the information contained in the application. if the promoter intends to use private security officers, then the identity and number of such officers shall be described in the application. Per Lt. Douglas, we are currently planning for 1 LIPS officer (at all times) and 1 EMS person w/ first Aid station e) The promoter shall ensure that adequate communication between local law enforcement, fire prevention, and emergency personnel and any private security personnel, including emergency response protocols, is provided for each mass gathering event. An on-site communications center may be required, * Yes DPS Officer, EMS person and the fire marshal will have my cell phone number. 7) Medical a) Any and all medical buildings or tents with adequate medical supplies shall be available in a convenient location and shall be clearly identified as such b) An adequate number of emergency vehicles duly licensed by the State of Texas as ambulance shall be available on the site beginning one half hour before the mass gathering event begins and until all patrons have left the scene as determined by the Director of Public Safety. c) The promoter of the mass gathering event may be required to contact hospitals in the local area prior to the date of the event and advise them that a mass gathering event shall be held and the approximate number of people expected to attend. 8) Noise The promoter shall control the level of sound emanating from the mass gathering area pursuant to the City's Noise Ordinance (Article III of Chapter 11, Southlake Code). 9) Area a) Trees, underbrush, large rocks and other natural features shall be lett intact and undisturbed whenever possible, and natural vegetative cover will be retained, protected and maintained so far as possible to facilitate drainage, prevent erosion, and preserve scenic attributes. b) Grounds shall be maintained free from accumulations of refuse and any health and safety hazards 10) Liahtino The mass gathering area shall be adequately lighted, but the lighting shall not unreasonably reflect beyond the assembly area boundaries unless adjacent properties are uninhabited and must comply with the City's Lighting Ordinance; 11) Alcoholic Beverages a) A Specific Use Permit Is required to sell and consume alcoholic beverages at a mass gathering event. The promoter shall restrict the time and location of such sale so that alcoholic beverages are sold only during the particular eventnd so that public safety and order will not be impaired. * Yes, no alcohol will be served. J b) The promoter shall comply fully with the laws of the State of Texas regulating the sale and consumption of alcoholic beverages. 12) Sell-out The promoter shall notify the Director of Public Safety at least three (3) days in advance if the mass gathering event is sold out. When the promoter learns that a particular event is likely to be sold out, the promoter shall exercise due diligence to promptly inform the general public that tickets will not be available for sale at the time of the event. At a minimum, the promoter shall broadcast announcements in the communications media serving the entire marketing area for the facility regarding the substance of the preceding sentence. e. Public, Costs Escrow -A promoter may be required to deposit with the Director of finance at least two weeks prior to the mass gathering event an amount of money equal to 120% of the estimated public costs of each contemplated mass gathering as set by the City Council. The Director of Public Safety will prepare a public, cost estimate and submit it to City Council and the promoter. Public costs are those costs incurred by the City in connection with the mass gathering event which relate to the mass gathering and which would not be incurred by the City if such mass gathering was not held. Promptly after each mass gathering event, the actual public costs shall be calculated, and the deposit shall be refunded to the promoter to the extent it exceeds the actual public costs incurred. If the actual public costs exceed the amount deposited, the promoter shall pay the excess to the City within 10 days after being so notified. Ycs Based on the estimated costs of DPS, EMS, staff member at Parks, and clean-up afterward, we will provide a check for $1116.00 (est costs plus 20%) f. The promoter may be required to present evidence of public liability insurance in at least the following amounts: (1) $1,000,000 Bodily Injury (per person); (ii) $2,000,000 Bodily Injury (per occurrence); and iii) $1,000,000 property damage, which insurance policy shall name the City, its officers and employees as additional insureds and shall contain a clause providing that the policy may not be canceled by either party except upon not less than 30 days written notice to the City. A copy of the insurance policy shall be provided to the City at the time of the filing of the application . Additionally, the City, its officers and employees shall be named as additional insureds. Obtained through Allstate, Jason Ridlcy g. The City Council or Administrative Official may revoke a mass gathering event permit issued pursuant to this Ordinance upon finding of one or more of the following: 1) that the promoter has violated one or more of the provisions of the specific use permit; 2) if the City Council finds that the permit was obtained by fraud or misrepresentation; or if the preparations for the mass gathering event will not be completed prior to the planned commencement of the mass gathering event_ Letter of Support S00T1-1LAKF TOWN SQUARE C;0 January 27, 2009 To Whom It May Concern: Please accept this letter as confirmation that Inland Southwest Management, LLC representing Southlake Town Square supports Southlakc Green Day on March 28, 2009 at Rustin Park Please feel free to contact me at 817-329-5566 if you have any questions or concerns Reg-arrds, p t ih1 1 \9'b44a Ot 0i Timothy Moorehead General Manager INLAND SOUTHWEST MANAGEMENT LLC 1256 MAIN STREET SUITE 24.1 SOUTFILAKE TEXAS 76092 TELEPHONE 18171 329.5566 FAX 18171 110-0777 A Davelopmenl Oy COOPER & STEBBINS