Frisco planning commission OKs controversial housing project at Lagoon Drive
Summit Daily News
The development application and preliminary plat request to construct a three-unit townhome building at Lagoon Drive was approved unanimously by Frisco Planning Commission Aug. 2, despite pending litigation over development rights.
Macatr, LLC, and development applicant Pete Campbell, have sued the homeowners association of Lagoon Townhomes for the rights of developing on the proposed lot, while the HOA has responded with a request for a temporary restraining order preventing developers from coming onto the lot and beginning construction.
Bill Tolbert, president of Lagoon Townhomes HOA said that, although the town has approved the application, the developers do not have the rights to follow through with the proposed development.
“The rights to develop anywhere in Lagoon expired,” Tolbert said. “We have great sympathy for Campbell because he purchased what he thought were appropriate developing rights – but those rights did not exist.”
Tolbert and the Lagoon HOA have expressed disapproval of the planning commission’s decision.
“I think it was totally inappropriate to approve the request,” Tolbert said. “The town should have stood back instead of picking sides – they are more interested in the development than protecting the rights of the property owners.”
The proposed townhomes are identical in size and appearance containing three-bedrooms and a two-car garage. The proposal of the development was met by the town’s suggestion to alter the design of the garages to prevent them from facing the street.
“The application met all of the requirements of the town code,” said community planning director Joceyln Mills. “I hope the HOA and developers can resolve the legal issues, but it is a HOA developer conflict, the town is not involved.”
Commissioner Bob Bloch said that as far as the planning commission was concerned, they had to approve because the applicant met all of the requirements and had gone through all of the necessary efforts to comply with town requirements.
“The legal opinion of the town has been rendered and the applicant has the rights to develop under town code,” Bloch said. “If there is an issue with the HOA, it will have to be dealt with outside this forum.”
Developers said they recognize they don’t own the property but that they have the rights to build on the lot.
“There is a distinction between the ground and air space,” said attorney Tom Merrigan, representing Macatr. “My client has the right to construct on the ground – we would like to resolve this, but we feel that we have the right to build on the property that the HOA is contesting.”
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