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Item 7DCASE NO City of Southlake Department of Planning ZA04-052 STAFF REPORT July 28, 2004 PROJECT: Oktoberfest (Mass Gathering) REQUEST: In cooperation with the City of Southlake and Cooper & Stebbins, L.P., the Southlake Chamber of Commerce is requesting approval of a specific use permit for a mass gathering event. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 04-058 STAFF CONTACT: Dennis Killough (481-2073) Ken Baker (481-2046) Case No. ZA04-052 BACKGROUND INFORMATION OWNERS: The City of Southlake and Cooper & Stebbins, L.P. APPLICANT: The Southlake Chamber of Commerce PURPOSE: The zoning regulations for Southlake Town Square require approval of a SUP for mass gathering events. PROPERTY SITUATION: The property is located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). LEGAL DESCRIPTION: The property is described as Southlake Town Square, Phase I, being 42.013 acres. LAND USE CATEGORY: Town Center CURRENT ZONING: "DT" Downtown District HISTORY: This is the third annual Oktoberfest celebration held in the Town Square. The event is typically held the first Friday, Saturday, and Sunday of October. P&Z ACTION: July 22, 2004; Approved (4-0) and allowed to be held one weekend per year, Friday through Sunday, for three (3) consecutive years without having to receive a new SUP approval each year, with the following conditions: A Plan be submitted and approved administratively by the City of Southlake Department of Public Safety, Parks and Recreation and Planning Department, subject to all applicable City ordinances and codes, including the criteria for a mass gathering event described in Ordinance 480, Section 45.14, as amended. 2. The event remains within the general scope of this plan. STAFF COMMENTS: A site exhibit and general description of the event is included as attachment `C' of this report. The expected attendance of the event is approximately 3 5, 000 over the three-day event. Case No. ZA04-052 Since this has become an annual event, the applicant is requesting that it be approved and allowed to be held one weekend per year, Friday through Sunday, for three (3) consecutive years without having to receive a new SUP approval each year, with the following conditions: A Plan be submitted and approved administratively by the City of Southlake Department of Public Safety, Parks and Recreation and Planning Department, subject to all applicable City ordinances and Attachment A Page 1 codes, including the criteria for a mass gathering event described in Ordinance 480, Section 45.14, as amended. 2. The event remains within the general scope of this plan. M\Community Development\WP-FILES\MEMO\2004cases\04-052SUP.doc Case No. ZA04-052 Attachment A Page 2 `� Case No. ZA04-052 Vicinity Map Oktoberfest C MY HALL Uld NORTHY4rEE �0 Attachment B Page 1 M S OUTHLAKE Cham6cr of Commerce July 6, 2004 Dennis Killough Senior Planner City of Southlake 1400 Main Street, Suite 310 Southlake, TX 76092 Dear Dennis, The Southlake Chamber of Commerce is requesting a Specific Use Permit for The Southlake Oktoberfest 2004 that is being produced by The Soutllake Chamber of Commcrce in cooperation with. Southlake Town Square and will be held on October 1, 2, and 3 in Southlake Town Square. Event Information: This Oktoberfest celebration will be geared to families in the Southlake area and will feature a large children's area., g>rcat food, entertainment throughout the weekend, and an arts and crafts show. The Southlake Oktoberfest will be a free event with no restriction to shoppers or the public in accessing the entire Town Square area. Fun community events such as the Wiener -Dog Races will take place with proceeds going to the Humane Society. Other community events are also being planned. Even though the festival name might carry some beer connotations, the Chamber and festival staff are working very closely with City Department of Public Safety and State TABC officers to ensure a safe, family -oriented event. The goal of the event is to allow families to stay together while enjoying the festivities. Harris Methodist HEB Hospital and the Star -Telegram, along with Coca-Cola, Washington Mutual, Bank of the West, Coors, and others are committed sponsors of Southlake Oktoberfest to date. RECD JUL 06 20N -1- 1501 CA%rporateCircle, Suitc 117I1 S:a:ihh kc,T—a.7W92 R17ASI.9110 917.749SM !ax of iC rthl kech:imt er.cn:n wwu•.xi::ihlskcrluernl crx:r:n Case No. ZA04-052 Attachment C Page 1 Components of Event: Arts and Crafts Booths — We are hoping to have as many as 75 arts and crafts booths scattered throughout the event Entertainment — Continuous entertainment is scheduled in the pavilion with big -name acts during the evening hours on Friday and Saturday night. All entertainment will be provided free to the public. Food Booths — Various restaurants and food vendors in Southlake and surrounding areas are being solicited to participate in the event. Beer Concessions — The Chamber is hoping to operate beer concession booths during the hours still to be determined A separate SUP is being submitted for this portion of the event. Expected Attendance An attendance of over 35,000 people over the three days is expected due to the success of other events already produced in Town Square. The streets closure request is still pending and will be finalized with the Department of Public Safety as the number of vendors is finalized.. See the attached map for anticipated street closure configurations. Portable restrooms will be available in the areas indicated on the Road Closure map, Sincerely, Giovanna Pheflips President REC'D Y " 0 6 2004 Case No. Attachment C ZA04-052 Page 2 M SOUTHLAKE [:.harnber of Cummercc July G, 2004 Mass Gathering Permit Information: Section 45.14 (b) i. Promoter information Rick Lott, Festival Director Address: 1529 Cat Mountain Tr, Keller, TX 76248 Giovanna Phillips, Chamber President Shellie Johnson, VP Communications and Events Melissa Kemmerer, Member Services Coordinator Address for all of the above: 1501 Corporate Circle, Suite 100 Southlake, TX 76092 ii. Mass Gathering Area Oktoberfest is to he held at Southlake Town Square in the public parks area, located in Southlake, Texas. The area is the same as it was in 2003. A map of the affected areas is attached. iii. Maximum Number of Patrons An estimated attendance of up to 55,000 over the course of the threw days is anticipated. There are no plans to control for the number of attendees as estimated attendance is within the parameters of what the area can reasonably accommodate. iv. Dates and Times Friday, October 1: 5:00 p.m. — 11:00 p.m. Saturday, October 2: 10:00 a.m, — I L00 p.m. Sunday, October 3: 1 1:00 a.m. — 5:00 p.m. V. Previous Mass Gatherin s This year marks the third annual Southlake Oktoberfest event. All plans emulate previous years' events. 1) SafeIssues • Promoter's preparations • The Soy Scouts of America have been contracted to handle all trash cleanup during the dates of October I through 3. The same group handled cleanup in previous years. In addition, staff and other volunteers will assist with additional cleanup as necessary. Portable toilets will be on hand, including those with handicap accessibility. All food Vendors will have appropriate licensing and insurance and will manage their own cleanup. • Securi REUD J U L f' 6 2004 1501 Corporate Circle, Suite 1(10 Sou thla kr, Trxas 7(,(N)2 817-i81-KI Ml 817.749-82207. (aX k-h—dil --n Case No. ZA04-052 Attachment C Page 3 ■ All security and traffic control is being handled directly through Southlake's Department of Public Safety and paid for by the Southlake Chamber of Commerce as it was in previous years. Overnight security will be provided by Southlake Town Square. Per initial conversations with Chief Price, traffic control is not anticipated to be a problem. Security shifts will be scheduled directly through DPS. ■ Medical ■ As part of the security, an ambulance will be onsite during the festival. In addition, Harris Methodist H;FB's mobile unit will remain onsitc throughout the weekend as well. * Minors ■ Minors are welcome to attend the event. With regard to alcohol, persons of legal drinking age wil l be required to show identification when purchasing tickets being used to purchase alcohol as well as to purchase a wristband that designates them as being aver 21. A minitnum of one TABC licensed beer booth worker per beer booth will be in a booth during the entire weekend. Any worker that has a question regarding a person's legality will request that person to show their identification a second time. ■ All information is provided by promoter, and therefore, based on his/her best information and belief. + Water Supply ■ Water supply requirements listed in the ordinance are not applicable because the event occurs in Southlake Town Square where city water is readily available. + Toilet Facilities • We request a variance from the toilet facilities listed in the ordinance. We will provide an adequate number of portable toilets in the festival area. These will be provided by Southlake Town Square and will be maintained in a sanitary manner during the event. Eight toilets will be on hand and will be sufficient based on the anticipated number of attendees. • Minimum Area ■ We request a variance to the minimum area required in the ordinance because it is not applicable. The Southlake Town Square site provides plenty of space for the attendees. ■ Solid Waste Facilities ■ Southlake Parks and Recreation will place an adequate number of 55-gallon drums at the event. As stated in Section 3-52 (c), the Soy Scouts will handle the maintenance of these drums during the event as they did last year. ■ Noise Control ■ Noise control requirements are not applicable because of City Ordinance No. 778. • Food Sanitation ■ All food vendors will be required to comply with all current health codes. ■ Medical and Nursing Care • Southlake DPS will provide medical care and will comply with all current medical requirements. 2) Diagram See attached RECa JUL 6 6 2004 Case No. ZA04-052 Attachment C Page 4 3) Performers Several performers are anticipated, including: o Emerald City who appeared in 2003 o Le Freak o Bulletproof Brass Additionally, other Iive bands as well as local community group entertainment will be on hand. Although many are paid performers, some are free. The agreement contains dates, pricing, and necessary equipment. Addresses for all performers are not available. 4) Property Address See Section 45.14 (b) (ii) 5) Owner Agreement Southlake Town Square CFO Patti Pickard is currently working on the agreement. It will be provided to the City of Southlake upon its completion. Res full submitted, G' V a Phillips Presi ent REED J U L 0 6 2004 Case No. ZA04-052 Attachment C Page 5 FSOU'T H 1 Akt TOWN SQUARE E To whom it may concern: The Southlake Chamber oi`Commerce has been granted permission by Southlake Venture West, L P , a Texas limited partnership, and Southlake Central Venture, a Texas joint venture (hereafter collectively referred to as "Owner") to operate Oktobetfest in Southlake Io►vn Square from October l — 3, 2004, in accordance with the attached diagram, and on the condition that, at its expense, Southlake Chamber of'Cornmerce shall (1) obtain all licenses and permits that may be reglaire-ti by the City: and (1) carry liability insurance fin amounts appropriate to the scale and duration of the event), which shall name as additional insureds Southlake Venture West, L P., Southlake Central Venture and Cooper & Stebbins, L P SOUTHLAKE CENTRAL VENTURE and SOUTHLAKE VENTURE WEST, L.P., By: Cooper & Stebbins, L P Its authorized agent r �cGuL Patricia S. Pickard, Chief Financial Officer Date of Signature: REC'D J U L 14 2004 A Development By COOPER & STEBBINS 1256 MAIN STREET SUITE 240. SOUTHLAKE. TExAs 76092 TEtrPKoNE (817) 329-5566 FAx (8171251-8717 Case No. Attachment C ZA04-052 Page 6 Surrounding Property Owners Oktoberfest F.M. 1709 13 12 11 Owner Zoning Land Use Acreage 1. Greenway Rowlette 66 Lp S-P-1 Medium Density Residential 1.214 2. Strunk, Juergen F AG Medium Density Residential 3.359 3. Mendez Ltd AG Medium Density Residential 3.206 4. Linn, Patti SF-20A Medium Density Residential 0.531 5. Wright, Michael J Etux Wanda SF-20A Medium Density Residential 0.475 6. Reece, Richard T SF-20A Medium Density Residential 0.465 7. Mystere Ent. Inc. 0-1 Office Commercial 0.847 8. Flagstaff Partners Lp 0-1 Office Commercial 1.661 9. The Fechtel Group DT Town Center 30.095 10. Pkb Enterprises Ltd. DT Town Center 45.533 11. Texas Health Resource Inc S-P-2 Office Commercial 12.604 / Cambridge 114 Inc, 12. South Carroll/1709 Ltd. S-P-2 Office Commercial 29.002 13. Prade, C A Jr Flux Anita AG Medium Density Residential 16.190 14. Southlake Venture DT,C-3,S-P-1 Town Center 0.768 15. United States Postal Service S-P-1 Town Center 2.970 16. City of Southlake DT Town Center NA Case No. Attachment D ZA04-052 Page 1 Surrounding Property Owner Responses Oktoberfest Notices Sent: Fifteen (15) Responses: None Case No. ZA04-052 Attachment E Page 1 RESOLUTION NO. 04-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT THE NORTHEAST CORNER OF E. SOUTHLAKE BLVD. AND N. CARROLL AVENUE, BEING LEGALLY DESCRIBED AS 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 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. WHEREAS, a Specific Use Permit for a mass gathering 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 45.1 (37) and 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 event on property located at the northeast corner of E. Southlake Blvd. and N. Carroll avenue, being legally described as 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 Records, Tarrant County, Texas, more fully and completely described in Exhibit Case No. Attachment F ZA04-052 Page 1 "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. 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ATTEST: Lori Farwell City Secretary DAY OF , 2004. CITY OF SOUTHLAKE I0 Andy Wambsganss, Mayor Case No. Attachment F ZA04-052 Page 2 EXHIBIT "A" Property located at the northeast corner of. E. Southlake Blvd. and N. Carroll avenue, being legally described as 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 Records, Tarrant County, Texas. Case No. ZA04-052 Attachment F Page 3 M 5OUTHLAKE ChL-6cr of C:—crcc July 6, 2004 Dennis Killough Senior Planner City of Southlake 1400 Main Street, Suite 310 Southlake, TX 76092 Dear Dennis, The Southlake Chamber of Commerce is requesting a Specific Use Permit for The Southlake Oktoberfest 2004 that is being produced by The Southlake Chamber of Commerce in cooperation with Southlake Town Square and will be held on October 1, 2, and 3 in Southlake Town Square. Event Information: This Oktoberfest celebration will be geared to families in the Southlake area and will feature a large children's area, great food, entertainment throughout the weekend, and an arts and crafts show. The Southlake Oktoberfest will be a free event with no restriction to shoppers or the public in accessing the entire Town Square area. Fun community events such as the Wiener -Dog Races will take place with proceeds going to the Humane Society. Other community events are also being planned. Even though the festival name might carry some beer connotations, the Chamber and festival stag' are working very closely with City Department of Public Safety and State TABC officers to ensure a safe, family -oriented event. The goal of the event is to allow families to stay together while enjoying the festivities. Harris Methodist H) B Hospital and the Star -Telegram, along with Coca-Cola, Washington Mutual, Bank of the West, Coors, and others are committed sponsors of Southlake Oktoberfest to date. REC D J U L 0 6 20N -I- 1501 Corpora tc 0 rele, Suite IOn & ,31hlakc„Trsar NAM R17ASI 9200 917.749.8202 f— I[IidP d-111 ,l: kreh i F.cr.eI— wwu %onilrlake.r.1-nil—con i Case No. ZA04-052 Attachment F Page 5 Components of Event: Arts and Crabs Booths — We are hoping to have as many as 75 arts and crafts booths scattered throughout the event Entertainment — Continuous entertainment is scheduled in the pavilion with big -name acts during the evening hours on Friday and Saturday night. All entertainment will be provided free to the public. Food Booths — Various restaurants and food vendors in Southlake and surrounding areas are being; solicited to participate in the event. Beer Concessions — The Chamber is hoping to operate beer concession booths during the hours still to be determined A separate SUP is being submitted for this portion of the event. Expected Attendance An attendance of over 35,000 people over the three days is expected due to the success of other events already produced in Town Square. The streets closure request is still pending and will be finalized with the Department of Public Safety as the number of vendors is finalized. See the attached map for anticipated street closure configurations. Portable restrooms will be available in the areas indicated on the Road Closure map. Sincerely, Giovanna Ph eflips President -2- REC'D J 1 " 0 6 2004 Case No. Attachment F ZA04-052 Page 6 July d, 2004 Section 45.14 (b) Case No. ZA04-052 M SOUTH LAKE Chamhrr of Commrrrr Mass Gathering Permit Information: i. Promoter information Rick Lott, Festival Director Address: 1529 Cat Mountain Tr. Keller, TX 76248 Giovanna Phillips, Chamber President Shellie Johnson, VP Communications and Events Melissa Kemmerer, Member Services Coordinator Address for all of the above: 1501 Corporate Circle, Suite 100 Southlake, TX 76092 ii. Mass Gathering Area Oktoberfest is to be held at Southlake Town Square in the public parks area, located in Southlake, Texas. The area is the same as it was in 2003. A map of the affected areas is attached. iii. Maximum Number of Patrons An estimated attendance of up to 55,000 over the course of the three days is anticipated. There are no plans to control for the number of attendees as estimated attendance is within the parameters of what the area can reasonably accommodate. iv. dates and Times Friday, October 1: 5:00 p.m. — 1 1:00 p.m. Saturday, October 2: 10:00 a.m. -- I l :00 p.m. Sunday, October 3: 1 1:00 a.m. — 5:00 p.m. V. Previous Mass Gatherings This year marks the third annual Southlake Oktoberfest event. All plans emulate previous years' events. 1) SAL —Issues • Promoter's preparations • The Soy Scouts of America have been contracted to handle all trash cleanup during the dates of October 1 through 3. The same group handled cleanup in previous years. In addition, staff and other volunteers will assist with additional cleanup as necessary. Portable toilets will be on hand, including those with handicap accessibility. All food vendors will have appropriate licensing and insurance and will manage their own cleanup. ■ Securl REG-D J U L G 6 2004 1501 Corporate Circle. Suite 100 tiuuthlake,Texai7fO12 817-481-KiAl HI7.749-821P fax i.kA —uhlakerh—hrr-corn vm--ahlakmlunilzer.r—i Attachment F Page 7 • All security and traffic control is being handled directly through Southlake's Department of Public Safety and paid for by the Southlake Chamber of Commerce as it was in previous years. Overnight security will be provided by Southlake Town Square. Per initial conversations with Chief Price, traffic control is not anticipated to be a problem. Security shifts will be scheduled directly through DPS. • _Medical • As part of the security, an ambulance will be onsite during the festival. In addition, Harris Methodist HEB's mobile unit will remain onsite throughout the weekend as well. ■ Minors ■ Minors are welcome to attend the event. With regard to alcohol, persons of legal drinking age will be required to show identification when purchasing tickets being used to purchase alcohol as well as to purchase a wristband that designates them as being over 21. A minimum of one TABC licensed beer booth worker per beer booth will be in a booth during the entire weekend. Any worker that has a question regarding a person's legality will request that person to show their identification a second time. ■ All information is provided by promoter, and therefore, based on his/her best information and belief. • Water Supply • Water supply requirements listed in the ordinance are not applicable because the event occurs in Southlake Town Square where city water is readily available. • Toilet Facilities • We request a variance from the toilet facilities listed in the ordinance. We will provide an adequate number of portable toilets in the festival area. These will be provided by Southlake Town Square and will be maintained in a sanitary manner during the event. Eight toilets will be on hand and will be sufficient based on the anticipated number of attendees. • Minimum Area • We request a variance to the minimum area required in the ordinance because it is not applicable. The Southlake Town Square site provides plenty of space for the attendees. ■ Solid Waste Facilities • Southlake Parks and Recreation will place an adequate number of 55-gallon drums at the event. As stated in Section 3-52 (c), the Boy Scouts will handle the maintenance of these drums during the event as they did last year. * Noise Control • Noise control requirements are not applicable because of City Ordinance No. 778. • Food Sanitation • All food vendors will be required to comply with all current health codes. • Medical and Nursing Care • Southlake DPS will provide medical care and will comply with all current medical requirements. 2) Diagram See attached RECO J U L G 6 2004 Case No. Attachment F ZA04-052 Page 8 3) Performers Several performers are anticipated, including: o Emerald City who appeared in 2003 o Le Freak. o Bulletproof Brass Additionally, other 'live hands as well as local community group entertainment will be on hand. Although many are paid performers, some are free. The agreement contains dates, pricing, and necessary equipment. Addresses for all performers are not available. 4) Property Address See Section 45.14 (b) (ii) 5) Owner Agreement Southlake Town Square CFO Patti Pickard is currently working on the agreement. It will be provided to the City of Southlake upon its completion. Res full submitted, Grov a Phillips Press ent RED'D J U 0 6 2004 Case No. ZA04-052 Attachment F Page 9