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Item 8 - Staff ReportCase No. ZA22-0024 S T A F F R E P O R T June 3, 2022 CASE NO: ZA22-0024 PROJECT: Specific Use Permit for Somos Southlake EXECUTIVE SUMMARY: Somos Southlake is requesting approval of a Specific Use Permit for a Mass Gathering Event for the Somos Southlake on property described as Blocks 7 and 8; Lot 3R, Block 1R; and Lot 4R, Block 5R; Phase I, Southlake Town Square Addition and portions of State Street, Main Street and Grand Avenue, Southlake, Texas. Current Zoning: “DT” Downtown District. SPIN Neighborhood #8. DETAILS: Somos Southlake is requesting approval of a Specific Use Permit (SUP) for a mass gathering event for Somos Southlake on Sunday, October 2, 2022. The attendance is expected to be approximately 4,000 for the day. This event will be the 2nd year for the event in Southlake. It was previously held on October 3, 2021. The attendance for the first event fell within the scope of an accessory mass gathering and did not require approval of a specific use permit. The proposed 2022 Event Schedule: Sunday, October 2nd 10:00 am to 8:00 pm Set-up: 10:00 am to 1:00 pm Event: 1:00 pm to 6:00 pm Clean-up: 6:00 pm to 8:00 pm During the event, there will be diverse cultural and musical groups throughout the main stage. Food trucks will be serving hot food as well as ice cream and fresh fruit drinks (aqua frescas). Vendor stalls will be available to attendees to visit. The event will have police officers present. The organizers will have proper insurance for the event. The applicant is working with the Town Square management to allow use of the alleyways east and west of Fountain Place for the event. The applicant is respectfully requesting the Specific Use Permit be granted to allow the one day event annually for 5 years, subject to the narrative and exhibits provided. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Specific Use Permit Request for a Mass Gathering Event ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Staff Review No. 2 dated June 3, 2022 (D) Surrounding Property Owners Map Case No. ZA22-0024 (E) Surrounding Property Owners Responses (F) Resolution No. 22-016 Presentation Narrative Site Plan SPIN Report STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA22-0024 Page 1 BACKGROUND INFORMATION APPLICANT: Somos Southlake PROPERTY SITUATION: Southlake Town Square at the northeast corner of FM 1709 and Carroll Avenue. LEGAL DESCRIPTION: Blocks 7 and 8; Lot 3R, Block 1R; and Lot 4R, Block 5R; Phase I, Southlake Town Square Addition and portions of State Street, Main Street and Grand Avenue, Southlake. LAND USE CATEGORY: Town Center CURRENT ZONING: “DT” Downtown District HISTORY: Mass gathering events in Southlake Town Square: • The Oktoberfest event has been successfully held annually in the Town Square since October 2002. The event is typically held the first Friday, Saturday, and Sunday of October. This year’s event will be held October 14-16, 2022. Current approved SUP is valid until April 2024. (5-year approval) • Art in the Square; held annually since May 2000. Current approved SUP is valid in perpetuity. • Stars & Stripes; held annually since October 1999. Current approved SUP is valid in perpetuity. • Home for the Holidays; held annually since November 1999. Current approved SUP is valid in perpetuity. • CISD Homecoming Parade; held annually in SLTS since 2013. Current approved SUP is valid until June 2024. (5-year approval) • Southlake Dragons Homecoming Parade; held annually since 2019; Current approved SUP is valid until June 2024. (5-year approval) • Southlake Diwalifest Specific Use Permit was approved by City Council on August 17, 2021 was approved by City Council for 5 years. STAFF COMMENTS: Specific Use Permit Staff Review No. 2 dated June 3, 2022 is included in this staff report. Case No. Attachment B ZA22-0024 Page 1 Case No. Attachment C ZA22-0024 Page 1 SUP REVIEW SUMMARY Case No.: ZA22-0024 Review No.: Two Date of Review:6/3/22 Project Name: Specific Use Permit for Somos Southlake APPLICANT: OWNER: Somos Southlake 405 Timber Lake Way Southlake, TX 76092 Phone: 817-455-5913 Email:ocallaghan1971@aol.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/23/22 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 Patty Moos at (817) 748-8269. _________________________________________________________________________________________ Planning Review Patty Moos Planner Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 1. Coordinate the use of the Town Square alleyways east and west of Fountain Place for portable restrooms with Town Square management. Additional General Information for the specific event: 1. Barricades should be placed along the back of the food trucks. Food truck windows to face the park. 2. Water barricades are preferred for the alleyways at the parking lots and Main and Fountain. Bike rack barricades may be placed at the restroom entrances at the Fountain Place alleys. 3. Vendor tents should be placed along the park sidewalks and not adjacent to the streets. No tents shall be located in the street. 4. Vendors on the corners of the park should be placed closer to the park for safety. General Information 45.4 GENERAL REQUIREMENTS Any use permitted hereunder shall meet the minimum requirements provided in the district in which it is located. A specific use permit shall automatically expire if a building permit is not issued, and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. Case No. Attachment C ZA22-0024 Page 2 45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. 45.13 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; (ii) the mass gathering area; (iii) 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; 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; 3) the name and address of each performer who has agreed to or been invited to appear at the mass gathering; 4) the address of the property at which the mass gathering is to be held; and 5) evidence of the agreement between the promoter and the property owner for use of said property for the mass gathering event. c. In considering whether to grant a mass gathering event special use permit, the City Council shall consider the following: Case No. Attachment C ZA22-0024 Page 3 1. whether there is convenient and safe access for the ingress and egress of pedestrians and vehicular traffic; 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; 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; 4. whether sufficient illumination will be provided at night to protect the safety of the persons assembled. 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 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. 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. 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. 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. 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. 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. b) Refuse and recycling containers shall be clearly marked and readily accessible. Case No. Attachment C ZA22-0024 Page 4 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. 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. e) The grounds and immediate surrounding property shall be cleared of refuse within twenty-four (24) hours following a mass gathering 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. 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 shall meet requirements of the applicable State and local law enforcement agencies. 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. 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. 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 Case No. Attachment C ZA22-0024 Page 5 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 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. 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; 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 event and so that public safety and order will not be impaired. 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. f. 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 party except upon not less than 30 days written notice to the City. A copy of Case No. Attachment C ZA22-0024 Page 6 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 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 3) if the preparations for the mass gathering event will not be completed prior to the planned commencement of the mass gathering event. Barricades should be placed along the back of the food trucks. Water barricades are preferred for the alleyways at the parking lots and Main and Fountain. Bike rack barricades may be placed at the restroom entrances at the Fountain Place alleys. _______________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us No Comments. _________________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. __________________________________________________________ Development Engineering Review Sandy Endy, P.E., Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. Case No. Attachment D ZA22-0024 Page 1 Surrounding Property Owners Map Property Owner Zoning Property Address Acreage Response 1. SLTS GRAND AVENUE II LP DT 1401 FEDERAL WAY 2.44 NR 2. SOUTHLAKE, CITY OF DT 1451 FEDERAL WAY 1.37 NR 3. SLTS GRAND AVENUE II LP DT 291 GRAND AVE 0.60 NR 4. 2016 PARKVIEW CONDOMINIUMS DEV DT 350 CENTRAL AVE 0.58 NR 5. TOWN SQUARE VENTURES LP DT 1240 MAIN ST 4.08 NR 6. TOWN SQUARE VENTURES LP DT 1422 MAIN ST 0.67 NR 7. TOWN SQUARE VENTURES LP DT 1256 MAIN ST STE 249 0.67 NR 8. TOWN SQUARE VENTURES LP DT 1200 MAIN ST 0.58 NR 9. SOUTHLAKE, CITY OF DT 1400 MAIN ST 0.69 NR 10. TOWN SQUARE VENTURES LP DT 1460 MAIN ST 0.48 NR 11. DURANT, TOM DT 1500 MAIN ST 0.13 NR 12. HISAMI RESOURCES LLC DT 1512 MAIN ST 0.06 NR 13. BRYAN CLINTSMAN REVOCABLE TRUS DT 1510 MAIN ST 0.06 NR 14. SCHIRLE, MATTHEW DT 1508 MAIN ST 0.06 NR 15. MKRE PROPERTIES LLC DT 1506 MAIN ST 0.06 NR 16. JULIA, THOMAS DT 1504 MAIN ST 0.06 NR 17. TOWN SQUARE VENTURES LP DT 1230 MAIN ST 0.28 NR 18. SOUTHLAKE, CITY OF DT 1501 MAIN ST 2.07 NR 19. TOWN SQUARE VENTURES LP DT 1431 MAIN ST 0.33 NR 20. TOWN SQUARE VENTURES LP DT 1431 E SOUTHLAKE BLVD 0.39 NR 21. TOWN SQUARE VENTURES LP DT 180 STATE ST 0.42 NR 22. TOWN SQUARE VENTURES LP DT 1235 MAIN ST 0.34 NR 23. TOWN SQUARE VENTURES LP DT 115 GRAND AVE 0.38 NR 24. TOWN SQUARE VENTURES LP DT 112 STATE ST 0.38 NR 25. SOUTHLAKE, CITY OF DT 127 CENTRAL AVE 0.09 NR 26. TOWN SQUARE VENTURES IV LP DT 125 CENTRAL AVE 0.40 NR 27. TOWN SQUARE VENTURES IV LP DT 1500 E SOUTHLAKE BLVD 0.28 NR 28. SOUTHLAKE, CITY OF SP2 1401 E SOUTHLAKE BLVD 0.78 NR 29. STRUNCK, JUERGEN F DT 200 N CARROLL AVE 0.31 NR 30. STRUNCK, JUERGEN F AG 200 N CARROLL AVE 3.27 NR 31. TOWN SQUARE VENTURES LP DT 1200 E SOUTHLAKE BLVD 1.01 NR 32. CALAIS CUSTOM HOMES LLC DT 1501 MEETING ST 0.16 NR 33. GREENWAY-SOUTHLAKE OFFICE PRTN SP1 100 N CARROLL AVE 1.99 NR 34. TOWN SQUARE VENTURES LP DT 1400 CIVIC PL 0.75 NR 35. MENDEZ LTD AG 240 N CARROLL AVE 2.91 NR 36. CARROLL/1709 LTD SP2 1425 E SOUTHLAKE BLVD 8.43 NR 37. CARROLL/1709 LTD SP2 1201 E SOUTHLAKE BLVD 7.63 NR Case No. Attachment D ZA22-0024 Page 2 38. CARROLL/1709 LTD SP2 1451 E SOUTHLAKE BLVD 8.92 NR 39. TOWN SQUARE VENTURES IV LP DT 123 CENTRAL AVE 1.66 NR 40. CAMBRIDGE 114 INC SP2 1545 E SOUTHLAKE BLVD 5.08 NR 41. TOWN SQUARE VENTURES IV LP DT 1510 E SOUTHLAKE BLVD 0.92 NR 42. CAMBRIDGE 114 INC SP2 1555 E SOUTHLAKE BLVD 3.06 NR 43. Superintendent of Carroll ISD NR 44. Superintendent of Grapevine Colleyville ISD NR 45. Superintendent of Northwest ISD NR 46. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-two (22) Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 22 Case No. Attachment E ZA22-0024 Page 1 Surrounding Property Owner Responses No Responses Received to Date Case No. Attachment F ZA22-0024 Page 1 RESOLUTION NO. 22-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING FOR SOMOS SOUTHLAKE LOCATED BETWEEN E. SOUTHLAKE BOULEVARD, E. S.H. 114, GRAND AVENUE, AND STATE STREET, SOUTHLAKE, TEXAS, BEING DESCRIBED AS PHASE I, SOUTHLAKE TOWN SQUARE, 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 for Somos Southlake 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 45.1 (36) 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 Southlake Diwalifest, on property within the City of Southlake, Texas, located between E. Southlake Boulevard, Main Street, Grand Avenue, and State Street, Southlake, Texas, location being described as Phase I, Southlake Town Square, an addition to the City of Southlake, 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: Case No. Attachment F ZA22-0024 Page 2 City Council motion SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ___ DAY OF ________, 2022. CITY OF SOUTHLAKE By: _________________________________ John Huffman, Mayor ATTEST: _________________________________ Amy Shelley, TRMC City Secretary Case No. Attachment F ZA22-0024 Page 3 EXHIBIT A Property within the City of Southlake, Texas, located between E. Southlake Boulevard, Main Street, Grand Avenue, and State Street, Southlake, Texas, location being described as Phase I, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment F ZA22-0024 Page 4 EXHIBIT B Event exhibits