Plans for a development at the intersection of Warren Parkway and Legacy Drive continue to move forward, despite protest from area residents.

The Frisco City Council at its Oct. 15 meeting directed staff to move forward with preparing an ordinance for a specific use permit for a day care facility at the site, which is also planned to include a RaceTrac convenience store with gas pumps, restaurants and other businesses.

Several residents from "Protect Our Legacy," the group of homeowners in the area formed to protest the development, spoke at the meeting. Residents said the the gas station is a safety hazard because it is too close to residential neighborhoods and nearby schools and it and a sit-down restaurant plan to sell alcohol. Combined with the day care, they said the development will cause traffic congestion and wrecks.

Mayor Maher Maso told residents the day care facility will come back before the council for final approval, and encouraged them to share concerns with city officials and staff.

"We want to make sure it's being done correctly, but we need specifics," Maso said.

The area has been zoned for commercial use since the 1980s, long before adjacent subdivisions were constructed. City officials said property owners have a right to develop the land within zoning parameters and the city could run into legal trouble if it chose to deny an owner the right to build.

While the RaceTrac and other other development in the area did not require a traffic study, per city ordinance, a study was required for the specific lot where the day care is to be located.

City officials said the study revealed traffic flow will not be an issue, and a traffic study of the entire development is unnecessary because of the traffic lights and six-lane road already in place at the intersection.

Councilman Bob Allen said he sees this issue as a learning experience for future councils. He said when some property is developed residential, then surrounding areas zoned differently sit for years, it becomes a "ticking time bomb" because the city is held to a standard today that was put in place for property zoned more than two decades ago.

Where the issue stands

The preliminary site plan for Lot 1 where the gas station is planned—the main point of protest from residents—has been approved by the Planning and Zoning Commission and the decision was not appealed by the Frisco City Council.

The next step is the approval of the site plan, which is currently under review by city staff.

City Development Services staff—without receiving approval from the Planning and Zoning Commission or City Council— has the authority to approve site plans, provided developers adhere to local codes and ordinances.

The Planning and Zoning Commission has already approved the preliminary site plan for the day care center on Lot 7, medical offices on Lot 3 and a sit-down restaurant on Lot 4. The day care center must get final approval from the council.

Residents protest

Protect Our Legacy coalition members have spoken at Planning and Zoning Commission and Frisco City Council meetings, held protests at the building site and held their own "town hall" meeting.

Concerns voiced by residents included increased traffic congestion, decreased property value and whether the developers are following city building codes. Other concerns cited included possible explosions or fires from gas pumps, increased crime and drunk driving.

While the development will include other retail in addition to the RaceTrac and Black Walnut Cafe, those two retailers are taking the most heat from residents because both plan to be licensed to sell alcohol.

Residents are also upset at what they are calling "bait and switch" advertising. A long-standing sign has advertised the development as a site for medical offices, and residents said it is misleading and lulled them into a false sense of complacency about what was going to be built.

They are also upset with the city because of the lack of notification to area neighborhoods about what plans for the site are.

Residents claim the site is just a start of development on that section of Legacy that will mean tearing down trees and creating road expansion and congestion in the future.

City responds

Council members and city staff have responded to complaints at recent meetings. Staff members have been directed to make sure developers are following city codes to make the development safe.

City Attorney Richard Abernathy said the Planning and Zoning Commission acted accordingly in approving the development.

"Texas is a strong property state," Abernathy said. "It recognizes the rights of the landowners, those have been codified in the statutes. This particular property was zoned in the 1980s. The zoning has allowed for gas stations and restaurants since the 1980s."

Abernathy pointed out that every resident who bought a home in the area could have known the area was zoned commercial before purchasing a home.

Citing legal precedence from a similar case in Dallas, Abernathy said to deny the landowner those rights could mean legal trouble for the city and the Planning and Zoning Commission members who made the decision.

Mayor Maher Maso said he and other city officials have explained the situation to coalition members and that the city must follow the restrictions set by law.

Residents made multiple complaints about not receiving information from public records requests. Abernathy said the requests are being handled the same as any other requests of a similar scope.

The city has issued a written response to public statements made by residents, outlining the planning process and addressing issues such as traffic concerns.

City officials said the gas station is not expected to increase the volume of traffic in the area because gas stations generally attract only drivers already in the area.

The city also said that no plans were "fast-tracked," as residents have accused, and that construction did not start before approval from the city was given.

Residents have also complained about lack of notification from the city as the development unfolded.

City staff said neither by state law nor city ordinance is the city required to issue notices to surrounding neighborhoods about preliminary site plans or site plans. The city is only required to issue notice to residents within 200 feet of the lot and hold a public hearing when discussing a Specific Use Permit.

The city's written response to comments and questions by residents can be found at www.friscotexas.gov.