Developer pulls plan for north Scottsdale project

A showdown over a proposed northern Scottsdale commercial center ended with the applicant abruptly withdrawing the proposal seconds before it was going to be voted down by the City Council.

The applicant, R.L. Miller, was seeking a text amendment to the city zoning ordinance that would allow a new commercial use in an area zoned for single-family residences.

Miller, who owns Sushi Brokers restaurant in north Scottsdale, wants to develop a five-building complex covering about 32,000 square feet on the site. The Outpost at the northwestern corner of Pima and Dynamite would include a general store, gas station, hardware store with feed and tack, a garden center, restaurant and bank. Miller owns the acreage and wants to build and operate the center.

The text amendment would have been subject to a conditional-use permit. In September, the proposal drew heated comments from opponents and supporters before the Planning Commission, which recommended council approval of the text amendment and permit.

However, after more than three hours of public comment and debate at Tuesday's City Council meeting, it was clear the council was headed for a 5-2 vote to reject the text amendment, with only Vice Mayor Suzanne Klapp and Councilwoman Lisa Borowsky favoring approval.

"This is completely in opposition to what the people who live in the area want their area to look like," said Councilman Bob Littlefield, who made the motion to reject the text amendment.

The proposal began originally as a major General Plan amendment, which requires two Planning Commission hearings and a "super majority" vote of 6-1 by the council. Miller withdrew that request and resubmitted a text-amendment application, which requires one commission hearing and a simple majority vote of the council.

Mayor Jim Lane, and Councilmen Wayne Ecton and Ron McCullagh, in opposing the plan, agreed the proposal should have remained a major General Plan amendment, and that the text amendment was a way to get around what is the proper process for a case like this.

Inside City Hall, it was standing room only as Paul Gilbert, an attorney who represents Miller, outlined the proposal for the council and said there is no opposition from immediate neighbors. He also said the site is not suitable for residential development because a power line corridor runs overhead, a wash runs through it and the land presents other development challenges.

He also said the proposal is in accordance with the General Plan and that it would protect the desert and foothills overlay more than what could go on the property, such as a church or a ranch.

"We have petitions signed by 888 people in support," Gilbert said. "It can't be said that we don't have support and these are people who live in the immediate area, as close as the opposition."

Sharon Oberritter of the Coalition of Greater Scottsdale spoke against the proposal, saying if the council approved the text amendment, it would be "supporting creative schemes to circumvent the need for a major General Plan amendment."

"The area of Scottsdale north and east of the (Central Arizona Project) canal is protected by a number of city ordinances, with the intent to preserve its unique natural resources," she said. "Like the General Plan, these area plans and accompanying ordinances are the product of many years of cooperative effort among the area citizens, the city planners, the planning commission and the council."

Supporters like Todd Carpenter said the creation of 100 jobs and other economic benefits should be reason enough for the council to support Miller's proposal.

"I think anybody who's willing to take their money and invest it in this city to provide any employment is a good thing," he said. "Nobody's ever going to build a house there."

Gilbert said he expects the proposal to be resubmitted at some point.

by Edward Gately The Arizona Republic Dec. 16, 2010 09:42 AM





Developer pulls plan for north Scottsdale project