17-84 O - Rezone 2.5 acres DRT to PD-DTR for food truck park and outdoor entertainment venue (Silo Park), Z17-0009TOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-84
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 2.45 ACRES, MORE OR LESS, SITUATED IN THE COLLIN
COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, FROM DOWNTOWN RETAIL (DTR)
TO PLANNED DEVELOPMENT -84 (PD -84 -DTR); DESCRIBING THE TRACT
TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that the Town's Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), has received a request from
Prosper Independent School District ("Applicant"), to rezone 2.45 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper,
Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findinas Incorporated. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2
Amendments to the Town's Zonina Ordinance. The Town's Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described
property containing 2.45 acres of land, more or less, situated in the Collin County School Land
Survey, Abstract No. 147 in the Town of Prosper, Collin County, Texas, (the "Property") and all
streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned
Development -84 -Downtown Retail (PD -84 -DTR). The property as a whole is more particularly
described in Exhibit A and attached hereto and incorporated herein for all purposes as if set
forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit B; 2) the planned development standards, attached hereto as Exhibit
C; 3) the concept plan, attached hereto as Exhibit D; 4) and the development schedule,
attached hereto as Exhibit E, which are incorporated herein for all purposes as if set forth
verbatim.
Except as amended by this Ordinance, the development of the Property within this
Planned Development District must comply with the requirements of all ordinances, rules, and
regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time -to -time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Reseal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penaltv. Any person, firm, corporation or business entity violating this Ordinance shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not
exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
Ordinance No. 17-84, Page 2
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savinas/Rer)ealina Clause. Prosper's Zoning Ordinance shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain
in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications, as required by law.
DULY PASS WAOMWE D. AND ADOPTED BY THE TOWN COUNCIL
TOWN OF PROSP��� ,, EURS9ftIS 14TH DAY OF NOVEMBER, 2017.
aft or
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Q 4 * Ray Smith, Makor
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APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 17-84, Page 3
OF THE
SILO PARK
PROSPER, TEXAS
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Exhibit A
A tract of land situated in the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT
NUMBER 147, being that tract of land described in a deed to Prosper Co-op Gin
Association, and recorded in Volume 853, Page 336, Deed Records, Collin County,
Texas.
The exterior boundary of said tract of land is further described as follows:
Beginning at a Y2" iron rod found being at the intersection of the South right of way of
West 5th Street and the West right of way of Crockett Street and the POINT OF
BEGINNING;
Thence S 00°05'18" W along the West right of way of Crockett Street 327.85 feet to the
North right of way of W Broadway Street and marked by a capped '/2" iron rod set
stamped "EAGLE SURVEYING";
Thence N 78°36'53" W along said right of way 375.19 feet to the east right of way of
Mckinley Street and marked by a Y2" iron rod found;
Thence N 11'25'47" E along said right of way 299.85 feet to the South right of way of
West 5th Street;
Thence S 82°35'57" E along said right of way 311.49 feet to the POINT OF BEGINNING
and containing 2.45 acres more or less.
I hereby certify that this survey, plan or report was prepared by me or under my direct
supervision and that I am a licensed Land Surveyor under the laws of the State of
Texas.
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LLIN COUNTY Sn a deeed R r° rds, Collin County
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NUMBER 147 , d recorded in as follow
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File I`i°. 2
TOWN OF pROSPERsvoJ SCHOOL LAND 147
COUNTY COLLIN COON
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COLLIN
Z17-0009
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
Silo Park is to be a new gathering place in the shadows of the railroad silos in the Old Town
District of Prosper, Texas. It will provide a wide selection of food, beverages, and entertainment
in a family friendly environment. The guests are invited to stay and socialize. With the feel of a
backyard party with dozens of your closest friends, guests can sit back, relax and enjoy a
memorable social experience.
Silo Park will be a food truck park and entertainment venue situated on the northeast corner of
W. 5th Street and N. McKinley Street in the Old Town District of Prosper, Texas. The park will
have room for six full size food trucks, outdoor seating, a stage for live music and performances,
a designated kid's area, and a freestanding beverage center with restrooms.
Z17-0009
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise
set forth in these Development Standards, the regulations of the Town's Zoning Ordinance
(Ordinance No. 05-20, as it exists or may be amended, and the Subdivision Ordinance, as it exists
or may be amended, shall apply.
A. Use of Land and Buildings. The Tract shall develop in accordance with the uses permitted in the
Downtown Retail (DTR) District as indicated in the Schedule of Uses in the Town's Zoning Ordinance, as
it exists or may be amended, except as follows:
Temporary Food Truck Park and Outdoor Entertainment Venue
a. For an initial term of three (3) years from the date of approval of this Planned
Development, the site may develop as a food truck park and outdoor entertainment
venue as shown in Exhibit D.
b. If the developer wishes to continue the use of the site as a food truck park and outdoor
entertainment venue beyond the initial three-year term, the developer shall make an
application for a Specific Use Permit for the venue prior to the expiration of the initial
three year term.
No later than six (6) months prior to the third anniversary of the Town's approval of
this ordinance, the owner/operator of the food truck park and outdoor entertainment
venue shall present to the Town a Specific Use Permit application in full compliance
with all Town zoning and subdivision regulations, including but not limited to building
construction materials, landscaping, parking, fencing and related site development
requirements.
d. Alcoholic beverage sales shall be subject to all applicable Town of Prosper regulations
and TABC permitting requirement.
e. Following discontinuation of use all improvements shall be removed from the property
and the property returned to pre -developed conditions within a period of time no great
than 90 days.
B. Regulations
Except as noted below, the Tract shall develop in accordance with the development standards for the
Downtown Retail (DTR) District, as it exists or may be amended.
Architecture — The exterior masonry fagade requirements of Chapter 4, Sections 8 and 9.8
of the Town's Zoning Ordinance, as it exists or may be amended, shall not apply to the
proposed structures located in the food truck park and outdoor entertainment venue, as
shown on Exhibit D. Future redevelopment of the venue site shall be in full compliance
with all Zoning Ordinance requirements. The two future retail buildings shown on Exhibit
D shall fully comply with Zoning Ordinance requirements at the time of development.
2. Landscaping — Requirements of Chapter 4, Section 2 shall not apply to the proposed food
truck park and outdoor entertainment venue in accordance with Exhibit D. Future
redevelopment of the venue site shall be in full compliance with all Zoning Ordinance
requirements. The two future retail buildings shown on Exhibit D shall fully comply with
Zoning Ordinance requirements at the time of development.
3. Parking and Paving — The number of required off-street parking spaces shall be provided
in accordance with the parking shown on Exhibit D. The use of flex base material for the
parking and drive aisles associated with the food truck park and outdoor entertainment
venue shall be permitted. Future redevelopment of the venue site shall be in full
compliance with all Zoning Ordinance requirements. Parking and drive aisles associated
with the two future retail buildings shown on Exhibit D shall fully comply with the Town's
Zoning Ordinance, as it exists or may be amended, and the Town's Design Standards and
Specifications, as it exists or may be amended, at the time of development.
C. Proposed Site Improvements
The following site improvements shall be permitted as follows.
1. Beverage Center
The main structure on the site will be a 30 foot by 50 foot, 1,500 square foot, metal frame
building with metal siding and a metal roof on a concrete slab. The building will have two
ten -foot wide roll up doors along one side and one entry door on the end of the building. The
structure will contain a business office, restrooms, a bar, and seating.
2. Patio Extension
A covered patio will be constructed along the length of the 50 -foot Beverage Center building
and extend outward approximately 20 feet, as shown below. The materials and means of
construction of the patio cover shall comply with Town's Building Codes. The ground surface
below patio cover will consist of decomposed granite.
3. Live Music Stage
A stage associated with the food truck park and outdoor entertainment venue may be
constructed on the site and will be approximately 20 feet by 20 feet in area and constructed
with a wooden frame and corrugated metal sides and roof as shown below.
4. Site Fencing
Site fencing associated with the food truck park and outdoor entertainment venue shall consist
of tubular steel fencing along the south side of Silo Park, and horizontal board fencing and/or
tubular steel fencing along the east, west, and north sides of Silo Park, as shown below.
5. Shade Structures
Shade structures associated with the food truck park and outdoor entertainment venue may be
constructed on an as -needed basis. These structures, as shown below, will be approximately
12 feet by 12 feet in area as shown below.
6. Venue Lighting
Venue site lighting will consist mostly of string lighting extending across the site. Examples
of the method of lighting are shown below. Lighting will be subject to Chapter 4, Section 6 of
the Town's Zoning Ordinance, as it exists or may be amended.
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EXHIBIT E
DEVELOPMENT SCHEDULE
Upon approval of the planned development zoning and site plan, it is anticipated that
construction will begin in January 2018 with the park to be open for business in April 2018.