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Item 6C Department of Planning & Development Services S T A F F R E P O R T November 24, 2009 ZA09-043 CASE NO: Specific Use Permit for a Mass Gathering – Southlake Green Day Event PROJECT: REQUEST: GreenFellows, Inc. is requesting approval of a specific use permit to allow a mass gathering at Rustin Park located at 1400 Fountain Place and 1400 E. Southlake Blvd. in Southlake Town Square. This event was successfully held last year and the applicant would like to make this an annual event for Southlake. There are a few changes added to this year’s request:  Saturday, March 27, 201010 a.m. to The event is planned to be held on from 5 p.m. (set up time 8 a.m.), and anticipates 1000 persons throughout the day.  There will be approximately forty-two (42) tents and/or exhibit booths set up in the Rustin Park area and Fountain Place; last year had thirty (30). None of the tents will exceed 10’ x 10’ and will be white in color.  Radio Remote- the event may feature a radio station’s van and live broadcast for 2 hours. If this happens, the van will be located on Fountain Place. Three (3) yard signs may be placed on Southlake Blvd. and three (3) on the E. S.H. 114 access road.  Automobiles- They may have 3 hybrid vehicles on display for the day. They will be situated on Fountain Place.  Selling- Exhibitors will have the option to sell products.  Requesting approval of Specific Use Permit for three (3) years. The purpose of this event is to promote and provide information on “green” products and current trends in environmental stewardship. The applicant has included the same sign proposal as part of this specific use permit, which includes one banner on the Rustin Park Pavilion on the south side, facing Southlake Boulevard, and 13 small off- site ground signs at key intersections to promote the event. The applicant is requesting to display the signage for at least 15 days prior to the event. The sign ordinance will allow one banner on the pavilion for up to 15 days and up to five off-site ground signs and one on-site ground sign for a maximum of 21 days, subject to removal within 3 days after the event. Exhibits for the sign proposal and event exhibits and description are included in attachment ‘C’ of this report. The applicant has been actively coordinating the event with City staff including Community Services, Department of Public Safety and Planning & Development Services. They have also received permission from the property managers of Southlake Town Square. Due to the limited Case No. ZA09-043 scope of this request, no staff review summary is provided. Conduct public hearing ACTION NEEDED: Consider approval of specific use permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Resolution No. 09-068 STAFF CONTACT: Ken Baker (748-8067) Lorrie Fletcher (748-8069) Case No. ZA09-043 BACKGROUND INFORMATION OWNER: City of Southlake APPLICANT: GreenFellows, Inc. PROPERTY SITUATION: 1400 Fountain Place and 1400 E Southlake Blvd, Rustic Park, Southlake Town Square, Phase I LEGAL DESCRIPTION: Blocks 7 & 8, Southlake Town Square, Phase I LAND USE CATEGORY: Town Center CURRENT ZONING: “DT” Downtown District HISTORY: This event was held for the first time last year on March 28, 2009. There were approximately 1000 in attendance throughout the day. There are no issues to report. P&Z ACTION: October 22, 2009; Approved (6-0) noting that no signs are to be placed in the public right-of-way and that all signs will be removed within 72 hours after the event ends, and granting the applicants request for a three (3) year approval, and subject to staff's report dated October 16, 2009. STAFF COMMENTS: The City Council shall consider the following in determining whether to grant a Specific Use Permit for a mass gathering event according to the Comprehensive Zoning Ordinance No. 480, Section 45.14c, as amended: 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 Not Applicable 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. Case No. Attachment A ZA09-043 Page 1 The City Council may establish specific conditions depending upon the nature of the proposed event and traffic, health and safety issues according to Ordinance 480, Section 45.14.a, as amended. A site exhibit and event description is included as Attachment ‘C’ of this report. Case No. Attachment A ZA09-043 Page 2 Case No. Attachment B ZA09-043 Page 1 SITE EXHIBIT Auto Displays Case No. Attachment C ZA09-043 Page 1 Proposed Signage Banner attached to Rustin Park pavilion – facing south SouthlakeGreen Day 3’ www.SouthlakeGreenDay.comMarch 27, 2010 10 a.m. to 5 p.m. 24’ Yard signs (13 total) that are proposed to be posted at the following eight locations:  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) 24’ 36’ Case No. Attachment C ZA09-043 Page 2 Case No. Attachment C ZA09-043 Page 3 Case No. Attachment C ZA09-043 Page 4 Case No. Attachment C ZA09-043 Page 5 SPO MAP SPO # Owner Zoning Land Use Acreage Response Office Commercial, Town Center, Public/Semi-Public, 1 Cambridge Gorbutt Mob Lp SP2 Medium Density Residential 12.436 NR 2 Greenway-Southlake Office Prtn SP1 Office Commercial 1.994 NR 3 Carroll/1709 Ltd SP2 Town Center 8.6730685 NR 4 Carroll/1709 Ltd SP2 Town Center 7.3784196 NR 5 Southlake, City Of SP2 Town Center 0.7785505 NR 6 Carroll/1709 Ltd SP2 Office Commercial, Town Center 8.9256522 NR 7 Town Square Ventures Lp DT Town Center 0.417 NR 8 Town Square Ventures Lp DT Town Center 0.377 NR 9 Town Square Ventures Lp DT Town Center 4.331 NR 10 Town Square Ventures Lp DT Town Center 0.337 NR Case No. Attachment D ZA09-043 Page 1 11 Town Square Ventures Lp DT Town Center 0.667 NR 12 Town Square Ventures Lp DT Town Center 0.28 NR 13 Town Square Ventures Lp DT Town Center 0.576 NR 14 Town Square Ventures Lp DT Town Center 4.078 NR 15 Town Square Ventures Lp DT Town Center 0.748 NR 16 Slts Grand Avenue II Lp DT Town Center 0.481 NR 17 Slts Grand Avenue II Lp DT Town Center 1.418 NR 18 Slts Grand Avenue II Lp DT Town Center 0.555 NR 19 Slts Grand Avenue II Lp DT Town Center 0.396 NR 20 Slts Grand Avenue II Lp DT Town Center 1.856 NR 21 Southlake, City Of DT Town Center 1.971 NR 22 Town Square Ventures Lp DT Town Center 0.673 NR 23 Town Square Ventures Lp DT Town Center 0.484 NR 24 Slts Grand Avenue Lp DT Town Center 2.438 NR 25 Slts Grand Avenue Lp DT Town Center 0.581 NR 26 Southlake, City Of DT Town Center 1.365 NR 27 Slts Grand Avenue Lp DT Town Center 0.425 NR 28 Slts Grand Avenue Lp DT Town Center 0.598 NR 29 Town Square Ventures Lp DT Town Center 0.388 NR 30 Town Square Ventures Lp DT Town Center 0.382 NR 31 Town Square Ventures Lp DT Town Center 0.267 NR 32 Town Square Ventures Lp DT Town Center 3.617 NR 33 Town Square Ventures Lp DT Town Center 0.325 NR 34 Southlake, City Of DT Town Center 0.69 NR 35 Southlake, City Of DT Town Center 0.809 NR 36 Southlake, City Of DT Town Center 0.941 NR 37 Town Square Ventures Lp DT Town Center 2.664 NR 38 United States Postal Service DT Town Center 2.97 NR 39 Southlake, City Of DT Town Center 1.716 NR 40 Southlake, City Of DT Town Center 1.701 NR 41 Hobbs & Curry Family Lp DT Town Center 3.722 NR 42 Slts Grand Avenue Lp DT Town Center 0.255 NR 43 Slts Grand Avenue Lp DT Town Center 0.216 NR 44 Slts Grand Avenue Lp DT Town Center 0.237 NR 45 Slts Grand Avenue Lp DT Town Center 0.403 NR 46 Slts Grand Avenue Lp DT Town Center 0.229 NR 47 Southlake, City Of DT Town Center 0.341 NR 48 Slts Grand Avenue Lp DT Town Center 0.248 NR 49 Slts Grand Avenue Lp DT Town Center 0.005 NR 50 Slts Grand Avenue Lp DT Town Center 0.005 NR 51 Slts Grand Avenue Lp DT Town Center 0.005 NR 52 Slts Grand Avenue Lp DT Town Center 0.005 NR 53 Slts Grand Avenue Lp DT Town Center 0.745 NR Case No. Attachment D ZA09-043 Page 2 54 Slts Grand Avenue Lp DT Town Center 0.505 NR 55 Slts Grand Avenue Lp DT Town Center 0.216 NR 56 Slts Grand Avenue Lp DT Town Center 2.963 NR 57 Slts Grand Avenue Lp DT Town Center 0.198 NR 58 Slts Grand Avenue Lp DT Town Center 0.424 NR 59 Slts Grand Avenue Lp DT Town Center 2.896 NR 60 Slts Grand Avenue Lp DT Town Center 2.552 NR 61 Southlake, City Of DT Town Center 2.072 NR 62 Town Square Ventures Iv Lp DT Town Center 0.9240813 NR 63 Town Square Ventures Iv Lp DT Town Center 0.2815171 NR 64 Slts Block 22 Lp DT Town Center 0.3961649 NR 65 Town Square Ventures Iv Lp DT Town Center 1.6594133 NR 66 Southlake, City Of DT Town Center 0.0862894 NR 67 Durant, Tom & Susan Durant DT Town Center 0.128 NR Medium Density Residential, 68 Strunck, Juergen F Etux Gisela AG Office Commercial 3.275 NR Office Commercial, Medium 69 Prade, C A Jr Etux Anita AG Density Residential 16.19 NR 70 ROW DT Town Center 0.193 NR Medium Density Residential, 71 ROW DT Office Commercial 0.307 NR Responses - F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seventy-one (71) Responses Received: None Case No. Attachment D ZA09-043 Page 3 RESOLUTION NO. 09-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING FOR SOUTHLAKE GREENDAY EVENT, ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 140 STATE STREET, 141 GRAND AVENUE, 1400 FOUNTAIN PLACE, AND 1400 EAST SOUTHLAKE BOULEVARD, LOCATION BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 3, LOT 5R, BLOCK 4, AND BLOCKS 7 AND 8, 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 Southlake Greenday event 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 45.14 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 for Southlake Greenday Event, on property within the City of Southlake, Texas, located at 140 State Street, 141 Grand Avenue, 1400 Fountain Place, and 1400 E. Southlake Boulevard; location being legally described as Lot 1R, Block 3, Lot 5R, Block 4, and Blocks 7 & 8, 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 E ZA09-043 Page 1 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _______ DAY OF _______, 2009. CITY OF SOUTHLAKE By: _________________________________ John Terrell, Mayor ATTEST: _________________________________ Lori Payne City Secretary Case No. Attachment E ZA09-043 Page 2 EXHIBIT A Property located at 140 State Street, 141 Grand Avenue, 1400 Fountain Place, and 1400 E. Southlake Boulevard; location being legally described as Lot 1R, Block 3, Lot 5R, Block 4, and Blocks 7 & 8, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment E ZA09-043 Page 3 EXHIBIT B Case No. Attachment E ZA09-043 Page 4 Case No. Attachment E ZA09-043 Page 5 Case No. Attachment E ZA09-043 Page 6 Proposed Signage Banner attached to Rustin Park pavilion – facing south SouthlakeGreen Day 3’ www.SouthlakeGreenDay.comMarch 27, 2010 10 a.m. to 5 p.m. 24’ Yard signs (13 total) that are proposed to be posted at the following eight locations:  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) 24’ 36’ Case No. Attachment E ZA09-043 Page 7 Case No. Attachment E ZA09-043 Page 8