Item 6KCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
February 28, 2007
ZA07-022
CASE NO:
Specific Use Permit for a Mass Gathering – Kelly Miller Circus
PROJECT:
REQUEST: 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.
This event was held last year on March 28, 2006. The applicant is requesting the
approval of a specific use permit for mass gathering in order to hold the event again this
year under the same approval conditions as last year with the following exceptions:
The circus is proposed for Monday and Tuesday, March 26 and March 27,
2007, with shows at 4:30 PM and 7:30 PM.
1. Conduct public hearing
ACTION NEEDED:
2. Consider specific use permit approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Review Summary No. 1, dated February 16, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Resolution No. 07-013
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA07-022
BACKGROUND INFORMATION
OWNER: DFW White Chapel Ltd.
APPLICANT: Kiwanis Club of Southlake
PROPERTY SITUATION: Northwest corner of N. White Chapel and Countryside Court
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: “AG” Agricultural District and “C-1” Neighborhood Commercial District
HISTORY: -City Council approved a mass gathering SUP request for a circus event on
February 1, 2005.
-City council approved a 2nd mass gathering SUP request for a circus event on
February 21, 2006.
P&Z ACTION: February 22, 2007; Approved (6-0) subject to Review Summary No. 1, dated
February 16, 2007.
STAFF COMMENTS: 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.
The conditions of approval for previous years' event were subject to Staff
Review Summary and adding the following provisions:
A traffic control plan
The applicant will lease a water meter from the City of Southlake;
There will be an animal control officer on site during the tent raising,
during break down, during the hours the circus is open, and for a
minimum of a half hour before and after hours of operation;
The appropriate city staff will determine number of dumpsters and the
dumping schedule that would be needed to support this event;
A lighting plan;
EMS personnel will be on site during the tent raising, during break
down, during the hours the circus is open, and for a minimum of a half
hour before and after hours of operation;
There will be adequate safeguards in place to keep the animals from
escaping;
The animals will be treated humanely; given adequate food, water,
Case No. Attachment A
ZA07-022 Page 1
shelter. The animals will be given adequate rest and that all of these
provisions regarding the treatment of these animals are subject to the
determination by a local veterinarian;
Granting a variance on the requirement of a deposit for the water meter
but requiring a letter of liability for damage of the meter;
Granting a variance from the lighting ordinance as requested.
A veterinarian will be on call if needed, rather than on-site.
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
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.
N:\Community Development\MEMO\2007cases\07-022SUP.doc
Case No. Attachment A
ZA07-022 Page 2
Case No. Attachment B
ZA07-022 Page 1
Case No. Attachment C
ZA07-022 Page 1
Case No. Attachment C
ZA07-022 Page 2
Site Plan
Case No. Attachment C
ZA07-022 Page 3
Case No. Attachment C
ZA07-022 Page 4
Case No. Attachment C
ZA07-022 Page 5
CONCEPT PLAN REVIEW SUMMARY
ZA07-022One02/16/07
Case No.: Review No.: Date of Review:
Specific Use Permit for Mass Gathering Even - Kelly Miller Circus
Project Name:
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 02/05/07 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) 748-8072.
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 their 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.
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
Case No. Attachment D
ZA07-022 Page 1
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 D
ZA07-022 Page 2
Surrounding Property Owners
200 Countryside Court
SPO #
Owner Zoning Land Use Acreage
Retail Commercial
1.
Stacy, James R & K Wayne Lee C1 2.667
Public/Semi-Public Office
2.
Countryside Bible Church SP1 Commercial 13.412
Office Commercial
3.
Wayne, Lee K O1 2.369
Office Commercial
4.
International Ch Four Square G SP1 3.777
Office Commercial
5.
International Ch Foursquare Go SP2 6.227
Retail Commercial
6.
White Chapel Village Ctr Prt C3 6.327
Retail Commercial
7.
White Chapel Village C Prt C3 0.404
Retail Commercial
8.
White Chapel Llc AG 0.896
Retail Commercial
9.
D/Fw-White Chapel Road Ltd AG 3.592
Case No. Attachment E
ZA07-022 Page 1
Surrounding Property Owner Responses
200 Countryside Court
Notices Sent: Nine (9)
Responses Receive: Two (2)
Lee K. Wayne, Favor
3220 W Southlake Blvd Ste. C, submitted a Notification Response Form in
on February 13, 2007 (attached).
International Ch Four Square G
, 251 Countryside Ct, submitted a Notification Response Form
Favor
in on February 12, 2007 (attached).
Case No. Attachment F
ZA07-022 Page 1
Case No. Attachment F
ZA07-022 Page 2
Case No. Attachment F
ZA07-022 Page 3
RESOLUTION NO. 07-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
A MASS GATHERING EVENT FOR THE KELLY MILLER CIRCUS
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, RAVENAUX
VILLAGE AND TRACT 6J, SITUATED IN THE THOMAS M. HOOD
SURVEY, ABSTRACT NO. 706, 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 for the Kelly Miller Circus has been
requested by a person or corporation having a proprietary interest in the property zoned as “AG” Agricultural
District and “C-1” Neighborhood Commercial District; and,
WHEREAS
, in accordance with the requirements of Sections 45.1 (37) & 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 for the Kelly Miller Circus on the
property being legally described as Lot 1, Block A, Ravenaux Village, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 31, Plat Records, Tarrant
County, Texas and Tract 6J, situated in the Thomas M. Hood Survey, Abstract No. 706, more fully and
Case No. Attachment G
ZA07-022 Page 1
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:
1.
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS __ DAY OF __________, 2007.
CITY OF SOUTHLAKE
By: _________________________________
Andy Wambsganss, Mayor
ATTEST:
_________________________________
Lori Farwell
City Secretary
Case No. Attachment G
ZA07-022 Page 2
EXHIBIT “A”
Being legally described as Lot 1, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-213, Page 31, Plat Records, Tarrant County,
Texas and Tract 6J, situated in the Thomas M. Hood Survey, Abstract No. 706.
Case No. Attachment G
ZA07-022 Page 3
EXHIBIT “B”
Case No. Attachment G
ZA07-022 Page 4
Case No. Attachment G
ZA07-022 Page 5
Case No. Attachment G
ZA07-022 Page 6
Case No. Attachment G
ZA07-022 Page 7
Case No. Attachment G
ZA07-022 Page 8