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2009-073OFFICIAL RECORD RESOLUTION NO. 09-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING FOR THE WHITE'S CHAPEL CHILDREN'S CHRISTMAS FESTIVAL, ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 185 SOUTH WHITE CHAPEL BOULEVARD, LOCATION BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 1, WHITE CHAPEL METHODIST CHURCH ADDITION, 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 promotional sales from kiosks for Southlake Town Square Ride and Drive" automobile promotional events has been requested by a person or corporation having a proprietary interest in the property zoned as "DT" Downtown District; and, WHEREAS, in accordance with the requirements of Section 37.8 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 for the White's Chapel Children's Christmas Festival, located at 185 South White Chapel Boulevard, Southlake, Texas, being legally described as Lot 1R, Block 1, White Chapel Methodist Church Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 11809, Plat Records, 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: Approved granting a three (3) year approval for the Specific Use Permit as long as the gathering does not change in scope. SECTION 2. This resolution shall become effective on the date of approval by the City Council. ATTEST: Lori Payne City Secretary PASSED AND APPROVED THIS 17th DAY OF NOVEMBER, 2009. CITY OF SOUTHLAKE By: (: E John Terrell, Mayor, EXHIBIT A Property located at 185 South White Chapel Boulevard, Southlake, Texas, being legally described as Lot 1R, Block 1, White Chapel Methodist Church Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide 11809, Plat Records, Tarrant County, Texas. In front of the Resource Center to light train route vI I Parking Lot yr r Uw MaliV4 i I i rr Games vu, r dracePaintfng _, i tl i i r - rr ; i r 3 r I • i White's Chapelr \} Childro'g Chrimma,5 f'zztival Games Rides i(nfledghles Restrooms J zsE _yrtTc+:er Tra:nRWte Rj Additiona:-lectrial m X W 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 for a 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, White's Chapel United Methodist Church (ii) the mass gathering area; White's Chapel United Methodist Church (iii) the maximum number of patrons anticipated or tickets to be sold for the gathering; 2000 participants (iv) the dates and time of day being considered for the mass gathering; December 11, 2009 5:304-30 pm (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 We, havechurch every Sunday with same facilities wifh over 2500 attendees, We have also had the same type festival the last years and have not had any issues. (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; We provide additional lighting in the parking and festival areas ih addition to the existing lights. 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; attached 3) the name and address of each performer who has agreed to or been invited to appear at the mass gathering; n/a 4) the address of the property at which the mass gathering is to be held; 185 S. White's Chapel Blvd., Southlake, Texas 76092 and 5) evidence of the agreement between the promoter and the property owner for use of said property for the mass gathering event. n/a 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; We use the entrances and exits for vehicular traff ice every Sunday, there are also clearly marked crosswalks and sidewalks for pedestrian use. 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; We have not required traffic control for past similar events. 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; The parking lot for vehicles has 668 spaces, including 20 disabled persons spaces. The parking lot used for the festival games, rides, etc..) can accommodate 114 vehicles. The main sanctuary located adjacent to this parking lot will be open for restrooms. 4) whether sufficient illumination will be provided at night to protect the safety of the persons assembled. The parking lots are already lighted but we bring in additional lighting (diesel light towers) for the parking and festival areas the night of the event. 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 The parking lot has ?? disabled persons' parking spaces. 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. Food preparation will be in our kitchen and warmers will be used in canopies in the festival area. We will have a Temporary Food Establishment Permit from the Tarrant County Health Department posted on the premises as; required and safety and sanitary guidelines will be followed. We; have a janitorial staff to empty trash containers and to clean up festival and parking areas. We also have a Staff Nurse who will be on site the night of the event. d. The promoter of a mass 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: 1) Food Supply 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. We will have a Temporary Food Establishment Permit- from the Tarrant County Health Department posted on the premises as required and safety,and sanitay guidelines will be followed. 2) Water Supply a) An adequate, safe supply of potable water, meeting 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, shall be provided. Potable water will be available from our kitchen. 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 county in which the mass gathering takes place, or the City, whichever is more stringent. n/a 3) 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. Toilet facilities are approved for our main sanctuary for 2500 attendees. 4) Refuse Disposal 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. Janitorial staff will collect and dispose of refuse in our dumpsters. b) Refuse and recycling containers shall be clearly marked and readily accessible. Containers will be clearly marked. 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. fila 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. All refuse will be collected as necessary, our event is 3 hours long, and disposed of in our dumpsters. e) The grounds and immediate surrounding property shall be cleared of refuse within twenty-four (24) hours following a mass gathering event. All' clean up will be complete the night of the event. 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. n/a 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. Any additional electrical needs will be connected by a licensed electrician and inspected by the city. 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. n/a c) Internal and external traffic and security control shall meet requirements of the applicable State and local law enforcement agencies. We have parking attendants who control traffic and parking on a weekly basis. d) At least one law enforcement officer for each 500 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. We will have paid staff and parking attendants available to help with security and parking. 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. We will provide information and coordinate with - local departments. Staff members will have 2 way radios and cell phones to communicate and coordinate. 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. First Aid tent will be clearly marked and will be indicated on site map that each visitor receives upon entering. 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. Na 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. n/a 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). n/a, 9) Area a) Trees, underbrush, large rocks and other natural features shall be left 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. Grounds will be left uridisturbed, festival is held on the parking lot. b) Grounds shall be maintained free from accumulations of refuse and any health and safety hazards. 10) Lighting 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; n/a 11) Alcoholic Beveraaes 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 event and so that public safety and order will not be impaired. n/a b) The promoter shall comply fully with the laws of the State of Texas regulating the sale and consumption of alcoholic beverages. n/a 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. n/a 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. The promoter may be required to present evidence of public liability insurance in at least the following amounts: (i) $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 parry 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. 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 mote 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. White's Chapel Children's Christmas Festival Friday, December 11 th 5:30-8:30 pm Children's Choir Performances LIVE NATIVITY at 5:45, 6:30, 7:15 & 8,00 Inflatable obstacle emcees, hounre houses, fish games and prizes. Pony rides, petting zoo and train rides: All games and rules rine FREE! Delicious carnival foods — Corn Dogs, funnel Cakes, Nachos, Hot Dogs, Smoked Brisket, C611on Car* and more at reasonable prices! Bring a new, unwrapped toy for Toys for Tots! We will have: Use the front parking lot for all the games, rides and food booths. 2 — 10'x 10' stationary canopies 7-10'x 10' pop up canopies 6 8 inflatables 3-7 carnival rides — tub rides, swing rides, merry go round Carousel pony rides Petting Zoo Live nativity will be in our amphitheater. Children's Choirs will perform in the Bridge The main Sanctuary will be open for restrooms. The kitchen will be used for food preparation.