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Item 7DCity of Southlake Department of Planning STAFF REPORT February 15, 2006 CASE NO: ZA06 -012 PROJECT: 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. This event was held last year on March 30 & 31, 2005. 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 Tuesday March 28, 2006 with shows at 4:30 PM and 7:30 PM. + A veterinarian will be on call if needed, rather than on -site. 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 February 3, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Resolution No. 06 -011 STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) 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 HISTORY: -City Council approved a mass gathering SUP request for a circus event on February 1, 2005. P &Z ACTION: February 9, 2006; Approved Subject to the conditions of the preceding Specific Use Permit except: • Allowing a vet on -call rather than on -site; • Allowing the City's DPS Director to determine the number of safety officers needed for security and traffic control. 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 last years event were subj ect 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; Case No. Attachment A ZA06 -012 Page 2 • There will be adequate safeguards in place to keep the animals from escaping; • The animals will be treated humanely; given adequate food, water, 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. 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: \Coinnunity Development \MEMO \2004cases \04- 106 SUP. doe Case No. Attachment A ZA06 -012 Page 2 Vicinity Map Mass Gathering - Kelly Miller Circus �V Case No. ZA06 -012 Attachment B Page 1 MASS GATHERING EVENT a. General Information on the proposed mass gathering: (i) the promoter — Kiwanis Club of Southlake (ii) the mass gathering area — 2.78 acres located at the northwest corner of White Chapel Road and Countryside Court (200 Countryside Court), Southlake (iii)the maximum number of patrons anticipated or tickets to be sold for the gathering — four separate shows with a maximum of 1,500 tickets per show. (iv)the dates and time of day being considered for the mass gathering — March 30 and 31, 2005, show times on each day are 4:30 p.m. and 7:30 p.m. (v) information pertaining to previous mass gatherings in the same mass gathering area or sponsored by the promoter or a related entity at other locations, within the previous two years; and (vi)Information on layout, performer and address of mass gathering — 1) a sketch or rendering showing the general layout or configuration of the mass gathering area and depicting the general location of the activities and facilities to be provided — see Site Plan attachment. 2) the name and address of each performer who has agreed to or been invited to appear at the mass gathering — Kelly Miller Circus, P.Q. Box 829, Hugo, OK 74743 3) the address of the property at which the mass gathering is to be held — 200 Countryside Court, Southlake, including all of the land located at the southwest corner of White Chapel Road and State Highway 114. b. Promoter agrees to comply with the following requirements during the mass gathering event: 1) Food Supply — Food preparation, service and storage will be provided for pursuant to the requirements of state and local officials. 2) Water Supply — an adequate, safe supply of potable water, meeting the state and local requirements will be provided. 3) Sanitation — Toilet facilities will be provided for pursuant to requirements of state and local officials. 4) Refuse Disposal a) Refuse shall be collected, stored, and transported in a manner that protects against odor, infestation of insects and/or rodents and any other condition, which poses a threat to the health, safety, and welfare of the public. b) Refuse and recycling containers shall be clearly marked and readily accessible. c) The grounds and immediate surrounding property shall be cleared of refuse within twenty -four (24) hours following a mass gathering event. RECD DEC 13 2004 Z A ©"— 1 w, Case No. ZA06 -012 Attachment C Page 1 5) 'Vermin Control — Insect, rodents, and other vermin shall be controlled by proper, sanitary practices, extermination, or other safe and effective control methods, where necessary, and animal parasites shall be controlled. 6) Safety a) Electrical systems shall be installed and maintained in accordance with the provisions of the applicable State standards and local standards and regulations. b) Grounds, buildings, and related facilities shall be constructed, maintained and used in a manner as to prevent fire and in accordance with the applicable State and City fire prevention regulations. c) Internal and external traffic and security control shall meet requirements of the applicable State and local law enforcement agencies. d) At least one law enforcement officer for each 500 persons expected to attend the mass gathering (but not fewer than a total of three officers) shall be on site to assist in crowd and traffic control. e) The promoter shall ensure that adequate communication between local law enforcement, fire prevention, and emergency personnel and any private security personnel, including emergency response protocols, is provided for each mass gathering event. An on -site communications center may be required. 7) Medical a) Any and all medical facilities shall be available in a convenient location and shall be clearly identified as such. b) An adequate number of emergency vehicles duly licensed by the State of Texas as ambulance shall be available on the site beginning one half hour before the mass gathering event begins and until all patrons have left the scene. 8) Noise — Promoter shall control the level of sound emanating from the mass gathering area. 9) Condition of Area — natural features on the site shall be left intact whenever possible and the grounds shall be maintained free from accumulations of refuse and any health and safety hazards. 9) Lighting — The mass gathering area shall be adequately lighted, but the lighting shall not unreasonably reflect beyond the assembly area boundaries. 11) Alcoholic Beverages — no alcoholic beverages will be sold on the property 12) Sell -out — The promoter will notify the Director of Public Safety at least three (3) days in advance if the mass gathering event is sold out. c. Promoter has obtained public liability insurance in at least the following amounts: (i) $1,000,000 Bodily Injury (per person); (ii) $2,000,000 Bodily Injury (per occurrence), and (iii) $ 1,000,000 property damage. ! EC` DEC Case No. ZA06 -012 Attachment C Page 2 f WHITE CHAPEL s � 1 u U (711fi4�Tr�f�fl�l6�I�Tl�ii1 - r =� � ��TT�� l�I�TTI�TiTTTI I I fT1T�� ICI i � I R ' i � I ! I R IL 1 j 1 j • ° 1 ZA06 -01 RECD .. 1 7 2 1106 Case No. Attachment C ZA06 -012 Page 3 r� Case No. ZA06 -012 NO dz- 1 CyR� o � ffefll�.wyl o t� F 1 I j 1 1 n �1 4 al 31 � 1 1 v F l s stg3 I ! 1 1 Attachment C Page 4 3 m U L H sv rn Q a , v E � rl 8 1 � I Cr4 I _ I [}M ! 3A } H P '7 i.1 Y ---------- �I I } I P d � w ll IT J S1C C- I Z u L: W F° w 6t} 4"!)AiT- A- 1t7lfrvS RED a� d CCS �^ J ww,, C j s � � V cn _ f } b Cd Cd Q? rn 73 � p.t 9 Case No. ZA06 -012 I T Attachment C Page 5 4= a11;f;11,14H:,11 8 1 � I Cr4 I _ I [}M ! 3A } H P '7 i.1 Y ---------- �I I } I P d � w ll IT J S1C C- I Z u L: W F° w 6t} 4"!)AiT- A- 1t7lfrvS RED a� d CCS �^ J ww,, C j s � � V cn _ f } b Cd Cd Q? rn 73 � p.t 9 Case No. ZA06 -012 I T Attachment C Page 5 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA04 -106 Review No. One Date of Review: 02/06/06 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 01/23/06 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 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 la & lb, 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 ZA06 -012 Page 1 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. ZA06 -012 Attachment D Page 2 Surrounding Property Owners in Mass Gathering - Kelly Miller Circus Case No. ZA06 -012 Owner 1. Countryside Bible Church 2. International Ch Four Square G 3. Wayne, Lee K 4. White Chapel Llc 5. White Chapel Llc 6. D /Fw — White Chapel Road Ltd & Stacy, James & Waynee Zoning Land Use Acrea "S -P -1" Public / Semi - Public 13.791 "S -P -1" Office Commercial 3.970 11 0-1" Office Commercial 2.300 "AG" Retail Commercial 0.443 "C -3" Retail Commercial 6.327 ` AG" & "C -1" Retail Commercial 6.321 Attachment E Page 1 Surrounding Property Owner Responses Mass Gatherin - Kelly Miller Circus Notices Sent: Five (5) Responses: None (0) Case No. ZA06 -012 Attachment F Page 1 RESOLUTION NO. 06 -011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING SPECIFIC USE PERMIT FORA MASS GATHERING EVENT FOR THE KELLY MILLER CIRCUS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCKA, 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 ZA06 -012 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. 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2006. CITY OF SOUTHLAKE ATTEST: Lori Farwell City Secretary 0 Andy Wambsganss, Mayor Case No. Attachment G ZA06 -012 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. ZA06 -012 Attachment G Page 3 I MM Me I I lits C s� 8 - (WHITE CHAPEL f rr o % ICE C3 U RAD w D a I w J � J rJ 4 f Dfr N � J � x 1� o � s � � 4 i a l 1, Case No. Attachment G ZA06 -012 Page 4 NO C - I y �y RECD O E C 13 2604 ka 1 1 j Case No. Attachment G ZA06 -012 Page 5 � \ \ t� B / & § . \ �7 ± § PROMS/ ,*ND ) i� \ § � cn \ �Ox r na g ul \\ PORT-A-101 - /2�2 GG RE' DEC 13 Z-A'D9 -t0 G U g � � O 9 \ \ � k � � 2 3 � ® % F . 2 \ \ / n ' � � o . t 7' � c ± Cn u .� g o � CI � � c � Case No Attachment G ZA06 D!2 Page 6 MASS GATHERING EVENT a. General Information on the proposed mass gathering: (i) the promoter — Kiwanis Club of Southlake (ii) the mass gathering area — 2.78 acres located at the northwest corner of White Chapel Road and Countryside Court (200 Countryside Court), Southlake (iii)the maximum number of patrons anticipated or tickets to be sold for the gathering — four separate shows with a maximum of 1,500 tickets per show. ( iv)the dates and time of day being considered for the mass gathering — March 30 and 31, 2005, show times on each day are 4:30 p.m. and 7:30 p.m. (v) information pertaining to previous mass gatherings in the same mass gathering area or sponsored by the promoter or a related entity at other locations, within the previous two years; and (vi)Information on layout, performer and address of mass gathering — 1) a sketch or rendering showing the general layout or configuration of the mass gathering area and depicting the general location of the activities and facilities to be provided -- see Site Plan attachment. 2) the name and address of each performer who has agreed to or been invited to appear at the mass gathering — Kelly Miller Circus, P.O. Box 824, Hugo, OK 74743 3) the address of the property at which the mass gathering is to be held — 200 Countryside Court, Southlake, including all of the land located at the southwest corner of White Chapel Road and State Highway 114. b. Promoter agrees to comply with the following requirements during the mass gathering event: 1) Food Supply — Food preparation, service and storage will be provided for pursuant to the requirements of state and local officials. 2) Water Supply — an adequate, safe supply of potable water, meeting the state and local requirements will be provided. 3) Sanitation — Toilet facilities will be provided for pursuant to requirements of state and local officials. 4) Refuse Disposal a) Refuse shall be collected, stored, and transported in a manner that protects against odor, infestation of insects and /or rodents and any other condition, which poses a threat to the health, safety, and welfare of the public. b) Refuse and recycling containers shall be clearly marked and readily accessible. c) The grounds and immediate surrounding property shall be cleared of refuse within twenty -four (24) hours following a mass gathering event. RECD DEC 13 2004 ZA0 - 1db Case No. ZA06 -012 Attachment G Page 7 5) Vermin Control — Insect, rodents, and other vermin shall be controlled by proper, sanitary practices, extermination, or other safe and effective control methods, where necessary, and animal parasites shall be controlled. 6) Safety a) Electrical systems shall be installed and maintained in accordance with the provisions of the applicable State standards and local standards and regulations. b) Grounds, buildings, and related facilities shall be constructed, maintained and used in a manner as to prevent fire and in accordance with the applicable State and City mire prevention regulations. c) Internal and external traffic and security control shall meet requirements of the applicable State and local law enforcement agencies. d) At least one law enforcement officer for each 500 persons expected to attend the mass gathering (but not fewer than a total of three officers) shall be on site to assist in crowd and traffic control. e) The promoter sliall ensure that adequate conununication between local law enforcement, fire prevention, and emergency personnel and any private security personnel, including emergency response protocols, is provided for each mass gathering event, An on -site communications center may be required. 7) Medical a) Any and all medical facilities shall be available in a convenient location and shall be clearly identified as such. b) An adequate number of emergency vehicles duly licensed by the State of Texas as ambulance shall be available on the site beginning one half hour before the mass gathering event begins and until all patrons have left the scene. 8) Noise — Promoter shall control the level of sound emanating from the mass gathering area. 9) Condition of Area — natural features on the site shall be left intact whenever possible and the grounds shall be maintained free from accumulations of refuse and any health and safety hazards. 9) Lighting — The mass gathering area shall be adequately lighted, but the lighting shall not unreasonably reflect beyond the assembly area boundaries. 11) Alcoholic Beverages — no alcoholic beverages will be sold on the property 12) Sell -out — The promoter will notify the Director of Public Safety at least three (3) days in advance if the mass gathering event is sold out. c. Promoter has obtained public liability insurance in at least the following amounts: (i) $1,000,000 Bodily Injury (per person); (ii) $2,000,000 Bodily Injury (per occurrence); and (iii) $ 1,000,000 property damage. REC-D DEC 1 2004 - 4 AOLi -10(a Case No. ZA06 -012 Attachment G Page 8