Residents at Desert Ridge are upset that a developer, which they believe has circumvented the rules, appears to be getting its way on land at the heart of the master-planned community.
At issue is property at the northeastern corner of Tatum Boulevard and Deer Valley Drive in Phoenix, directly north of Desert Ridge Marketplace.
Gray Development Co., which paid $32 million for the 41-acre parcel in 2004, asked for and received four zoning variances. Filing suit were Northeast Phoenix Partners, the master planner for the area that is controlled by Thomas J. Klutznick Co., and the Desert Ridge Community Association, also controlled by Klutznick.
Gray prevailed in a Maricopa County Superior Court ruling issued June 1. It received permission for smaller garages, reduced internal landscaping, an additional story within the 48-foot building height and reduced setbacks, to 20 feet from the required 150.
"It is very disappointing," said Nick Meris, vice chairman of Desert Ridge Homeowners Network, a subsidiary to the association.
Daniel Klutznick, of the Thomas J. Klutznick Co., said that the Desert Ridge Community Association is considering its legal options. "Community members are concerned about aesthetics, about how close to the street buildings can go," he said.
The specifics of the issue are one thing, Phoenix Councilwoman Peggy Neely said. The underlying issues are more important, she said.
"Control of the plan is principal to the Klutznicks," Neely said. "They believe if they lose the right to approve these matters, they might lose control of the master plan later.
"Of course, they could be protecting their own development."
Klutznick is developing the CityNorth parcel east of Desert Ridge Marketplace, which, when finished, will have 1,500 residential units, apartments and condominiums.
Neely said the Gray property may be the first to seek such extensive zoning variances in Desert Ridge. She said Gray is planning to concentrate its permitted 882 units on part of the property while leaving other portions empty. Residents fear Gray will seek more units there later.
"Gray has shown blatant disregard for how the plan is written," said Claudia Garza, a Desert Ridge resident.
Gray did not respond to a request for comment.
Michael Clancy
The Arizona Republic
