SonRise
Church, previously denied a conditional use permit to
build the 200‑student private school at 29505 N.
Scottsdale Road. just south of Dixileta in 2005, sued
the city, claiming its right to religious freedom had
been violated. In January of this year, the church agreed
to make several changes to its permit request in an effort
to lessen the impact of the school use in that area, according
to a Scottsdale City Council report.
There
was a large, organized opposition to the private school
in 2005 with several people filing complaints with the
city that the school would cause more impact to the area
than the zoning allows, and would disrupt the quality
of life for residents surrounding the church.
Traffic
related to the school and its associated buildings was
of particular concern to those opposed to the project.
Jeremy
Tedesco, legal counsel for the church, said the amended
plan filed this year is better and goes a long way to
address the residents’ concerns. “The church conceded
to many different things in order to settle,” he said,
adding there are a lot of stipulations attached to the
permit.
“I
think it’s a win‑win,” Tedesco said. “The church
gets to build and the city gets to mitigate the impact.”
Scottsdale
City Councilman Tony Nelssen, one of the “no” votes on
council, said, in his opinion, the council knew what they
were getting into two years ago when they voted against
the permit.
“That
decision wasn’t made in a vacuum,” he said. “We knew we
were going to be sued and the consequences.”
Nelssen
added his belief that current plans from the church are
no better than the plans rejected two years ago and that
council’s decision amounted to preferential treatment
for churches.
“Churches
and religious schools should not be preferred over other
lawful users,” Nelssen said. “That’s what this settlement
does in the real world, no matter what is said in the
courtroom.”
Nelssen
also said he felt the five city council members who voted
for the settlement “donned black robes and acted like
judges” due to the fear the city would lose the court
battle on a technicality. “That’s something they don’t
have the authority to do.”
Scottsdale
Mayor Mary Manross said the vote was a very difficult
decision and that the council was faced with choosing
between “what is easy and what is right.”
However,
Manross said she felt the changes in the new proposal
were significant enough to address the neighboring residents’
concerns.
“I
do believe, at the end of the day, (the school) will be
a good neighbor,” Manross said. “Otherwise I wouldn’t
have voted the way I did.”
