Protest delays waterfront's request to boost height

The owner of Scottsdale Waterfront got more time on its request that the City Council raise building heights, but it now faces a legal protest from area residents.

Scottsdale Waterfront LLC wants the city to modify its development standards for the vacant parcel south of the Nordstrom parking garage to allow for a building that would rise nearly 150 feet.

The council on Monday voted 5-2 to postpone consideration until Jan. 25.

Councilman Bob Littlefield and Councilwoman Marg Nelssen dissented.

Michael Curley, an attorney representing the owners of nearly 200 Waterfront condominiums and residents of the nearby Villa Adrian community, filed the legal protest, which would require a supermajority vote of 6-1 for council approval of Scottsdale Waterfront LLC's request.

Curley said more than 30 Villa Adrian residents signed a petition prompting the legal protest. The community is located across Goldwater Boulevard from the site.

John Berry, an attorney representing Scottsdale Waterfront LLC, told the council more time is needed for community outreach. He said residents are opposed to the request because they have been given inaccurate information about the proposal from their representatives and haven't had an opportunity to learn from the applicant what is being proposed.

Brett Sassenberg, Scottsdale Waterfront LLC spokesman, said the company plans to meet with residents of Villa Adrian and the condo towers.

"We always have been willing (to make changes) - we stated that from Day 1," he said. "Whether it's bookending or open space or the overall height of the building ... we will collectively come up with something that works for us and those neighbors. We're not going to get 100 percent satisfaction, but I think we'll get to a point where I think we can move on and begin a project."

The 3.35-acre site, called the Goldwater parcel, is on the east side of Goldwater Boulevard and the north side of the Arizona Canal.

According to existing development standards approved in 2003, the maximum height allowed on the parcel is 85 feet excluding rooftop mechanical needs. The request is to increase that maximum height to 149 feet including rooftop mechanical.

That is roughly as tall as the AmTrust bank building at 68th Street and Camelback Road and the Scottsdale Waterfront condominium towers at Camelback and Scottsdale roads.

Pat Lamer, spokesman for the Villa Adrian residents, said they are opposed to the "big-box height concept" and that all Scottsdale Waterfront LLC is asking for is "how high can they go." He called the applicant's request for more time to work with residents a "farce."

"All they're doing is shopping for the next council," he said.

Littlefield said the applicant is trying to postpone consideration until after the new council is seated next month and when Nelssen, who is opposed to greater building heights and density downtown, is no longer a member.

His motion to reject the continuance request and immediately consider Scottsdale Waterfront LLC's proposal was voted down 5-2.

Mayor Jim Lane said the legal protest "changed the equation."

"What harm is there ... in (the applicant) addressing the issues of concern to those who filed the legal protest?" he said.

Whether the legal protest remains in place on Jan. 25 is up to the residents of Villa Adrian, and if Scottsdale Waterfront LLC can come up with a proposal that satisfies those residents and they withdraw the protest, "that's great," Curley said.

by Edward Gately The Arizona Republic Dec. 15, 2010 10:46 AM






Protest delays waterfront's request to boost height