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
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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.
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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.
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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.
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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
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Surrounding Property Owner Responses
Mass Gathering - Kelly Miller Circus
Notices Sent: Seven (7)
Responses: None (0)