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04-106SUPCase No. ZA04-106 S T A F F R E P O R T January 14, 2005 CASE NO: ZA04-106 P ROJECT: Specific Use Permit to allow a Mass Gathering for the Kelly Miller Circus REQUEST: The Kiwanis Club of Southlake is requesting approval of a specific use permit to allow a mass gathering for the Kelly Miller Circus located on the southwest corner of N. White Chapel and State Highway 114. 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) Specific Use Permit Review No. 1, dated January 14, 2005 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses STAFF CONTACT: Ken Baker (481-2046) Dennis Killough (481-2073) City of Southlake Department of Planning BACKGROUND INFORMATION OWNERS: James R. Stacy, Wayne Lee, James Stahala, and D/FW – White Chapel Road Ltd. APPLICANT: Kiwanis Club of Southlake PROPERTY SITUATION: The property is located on the southwest corner of N. White Chapel and State Highway 114. LEGAL DESCRIPTION: Lot 1, Block A, Ravenaux Village & Tract 6J in the Thomas M. Hood Survey, Abstract No. 706 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: C-1 Neighborhood Commercial District and AG Agricultural District 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 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 Case No. Attachment A ZA04-106 Page 1 Case No. Attachment A ZA04-106 Page 2 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. 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. Attachment ‘D’ of this report contains a review of this Specific Use Permit application. N:\Community Development\MEMO\2004cases\04-106SUP.doc Case No. Attachment B ZA04-106 Page 1 Case No. Attachment C ZA04-106 Page 1 Case No. Attachment C ZA04-106 Page 2 Case No. Attachment C ZA04-106 Page 3 Case No. Attachment C ZA04-106 Page 4 Case No. Attachment C ZA04-106 Page 5 Case No. Attachment C ZA04-106 Page 6 Case No. Attachment D ZA04-106 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA04-106 Review No.: One Date of Review: 01/14/05 Project Name: Specific Use Permit for Mass Gathering Even - Kelly Miller Circus APPLICANT: Kiwanis Club of Southlake 500 N. Carroll Ave. Ste. 120 Southlake, TX 76092 Phone: (817) 329-5555 Fax: (817) 329-5585 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/13/04 & 1/11/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-2073. 1. The promoter of a mass gathering event shall comply with all requirements of the Comprehensive Zoning Ordinance No. 480, Section 45.14d. The applicant has stated there intent to comply with these requirements in the support documentation provided with this application except for the following: a) 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. b) 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. * In lieu of the above-mentioned requirements 1a & 1b, the promoter may submit an alternative plan for refuse disposal for the consideration by the City Council c) 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. Delete “whenever possible” from item b(9) in the event description. d) Any lighting must comply with the City’s Lighting Ordinance, as amended. Case No. Attachment D ZA04-106 Page 2 Informational Comments: * 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 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. Case No. Attachment E ZA04-106 Page 1 Surrounding Property Owners Mass Gathering - Kelly Miller Circus Owner Zoning Land Use Acreage 1. Countryside Bible Church “S-P-1” Public / Semi-Public 13.791 2. International Ch Four Square G “S-P-1” Office Commercial 3.970 3. Wayne, Lee K “O-1” Office Commercial 2.300 4. White Chapel Llc “AG” Retail Commercial 0.443 5. White Chapel Llc “C-3” Retail Commercial 6.327 6. D/Fw – White Chapel Road Ltd & Stacy, James & Waynee “AG” & “C-1” Retail Commercial 6.321 Case No. Attachment F ZA04-106 Page 1 Surrounding Property Owner Responses Mass Gathering - Kelly Miller Circus Notices Sent: Seven (7) Responses: None (0)