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Council approves planned development setbacks to preserve office building at Coleman and First
Summary
The council unanimously approved a planned development to reduce Coleman and First Street setbacks from DTO standards to 5 feet so a property owner can rebuild after right'of'way acquisition for a planned roundabout; Planning Commission recommended approval 7'2; staff said notices were mailed to property owners in January.
The Prosper Town Council unanimously approved a planned development amendment Tuesday that reduces the front and side setbacks for a downtown office property at the northeast corner of Coleman and First Street so a planned roundabout and right'of'way acquisition will not render the lot nonconforming.
David Hoover, speaking for town staff, told the council the site is roughly 0.6 acres and is currently zoned Downtown Office (DTO). The proposed PD would keep DTO uses and most standards but change the Coleman front setback (DTO standard 25 feet) and the First Street side setback (DTO standard 15 feet) to 5 feet to reflect land taken for the roundabout.
"Because nonconforming has issues that go with it . . . this is the way to prevent that from happening," Hoover said, adding that nonconforming status can later complicate building permits and rebuilding if a structure is damaged beyond a threshold.
Property owner Matt Moore, who identified himself as owner of the building at 301 South Coleman, said he reached agreement with the town on right'of'way and sought the setback changes only so he can "build back exactly what I have there today." "All I am trying to do is protect the investment that I made in the town," Moore said.
Hoover told the council staff sent notices to property owners in January (date not specified in the record). Planning and Zoning recommended approval at its last meeting by a 7'2 vote. Staff recommended approval and noted a draft development agreement had been prepared earlier but is not required because uses remain DTO and only the two setbacks are changing.
Councilmember Chris Kern moved to approve the PD; Mayor Pro Tem Ray seconded. The council voted unanimously to approve the PD, with no recorded dissents.
What the approval does: the PD as approved allows the owner to maintain the current building footprint (subject to building permits) despite the right'of'way acquisition; it prevents the lot from becoming nonconforming under DTO standards. Town staff said the actual right'of'way negotiation was handled by engineering and could be either a negotiated acquisition or, if necessary, eminent domain processes handled outside the council'level discussion.
The council opened then closed a public hearing on the item; one member of the public (Harper Buster, address recorded) spoke in support. The council recorded the motion and directed no further immediate action beyond approval of the PD.
