City Council must have super-majority to OK Shoeman Lane Swags development
By Terrance Thornton | Digital Free Press
A valid legal protest against a zoning map change — case No. 2-ZN-2023 — in Old Town Scottsdale is now before Scottsdale City Council as the local policymakers mull the proposed development along east Shoeman Lane.
The development proposal with property at 7323 E. Shoeman Lane, which is owned by Wagscap LLC and represented by the Rose Law Group, seeks to amend current development standards to allow for a 3-story restaurant building with about 9,100 square feet of floor area.
“The new building is generally within the same footprint as the existing building on the site, including the existing patio on the east side, which will be demolished for construction of the new project,” said Bryan Cluff, Scottsdale planning and development manager, who last week alerted members to City Council of the legal challenge now on file at City Hall, 3939 N. Drinkwater Blvd.
“New 10-foot-wide sidewalks will be constructed along both street frontages, providing improvement for this pedestrian oriented part of Old Town. An outdoor patio is proposed again on the east side within the right-of-way along N. Wells Fargo Avenue, which will be subject to City Council approval of a new outdoor dining patio license.”
Found part of downtown development standards, Mr. Cluff explains to City Council a super-majority vote must occur for the proposal to be approved this Tuesday following the verification of the legal challenge on file.
“After careful consideration and evaluation of the legal protest criteria, it appears at this time the legal protest is valid, with owners of 20% or more of the property by area and number of lots within 150 feet of the rezoning site submitting to the protest,” he said in an Oct. 20 email to elected leaders.
“In accordance with state law, the requested zoning change shall not become effective except by the favorable vote of three-fourths of all members of the City Council. For the purposes of this requirement, the vote shall be rounded to the nearest whole number, requiring 5 out of 7 votes to pass.”
The legal protest, which can be viewed HERE, is signed by Shawn and Steven Yari, records show. From a technical standpoint, the owner of the property is seeking to:
- Make a zoning district map amendment at 7323 E. Shoeman Lane moving the land designation from central business parking downtown overlay (C-2/P-3 DO) to downtown/downtown multiple use type-3 parking downtown overlay (D/DMU-3 P-3 DO) with amended development standards, for a new 3-story restaurant on a+/- 0.29 gross acre site.
- Adopt Resolution No. 12938 to declare Swags Amended Development Standards as a public record.
To read the formal application on file at City Hall, go HERE.
City Council must have super-majority to OK Shoeman Lane Swags development
Despite a unanimous recommendation vote from the Scottsdale Planning Commission, two surrounding property owners appear to be concerned about parking, and the potential for noise issues with an outdoor patio.
Legal challenges aren’t required to provide their reasons,” Scottsdale Councilman Barry Graham told the Arizona Digital Free Press this morning. “However, from watching the planning commission meeting, there seem to be concerns with parking adequacy and noise.”
Councilman Graham explains a formal legal protest is a part of the municipal process but not a mechanism used lately at City Hall.
“Because legal challenges don’t happen everyday, they tend to grab people’s attention,” he said of the super-majority vote requirement now in play. “It’s impossible to predict how councilmembers may vote, but a valid legal challenge — which this is — makes an applicant’s request more difficult to be granted.
Scottsdale City Council is expected to hear this matter 5 p.m. Tuesday, Oct. 24, at City Hall during its regular meeting.
