Scottsdale Independent

Scottsdale Board of Adjustment affirms Troon North HOA position in zoning dispute

A graphic rendering submitted to the city of Scottsdale for a proposed timeshare development at Troon North in north Scottsdale. (Submitted graphic)

The Scottsdale Board of Adjustment Wednesday, Nov. 1 unanimously upheld the determination a proposed timeshare property at Troon North exceeds existing zoning entitlements.

A collection of north Scottsdale residents called into question the development proposal on behalf of MBA Development, which sought to create a 62-key timeshare resort titled, “The Monument Club” or “The Troon North Villas.” The proposed development would have been directly connected to services provided by the Troon North Golf Club, 10320 E. Dynamite Blvd.

Troon North is an 1,800-home subdivision nestled around the Pinnacle Peak Foothills between Pima Road and Alma School Parkway in north Scottsdale.

MBA Development retained the consulting services of Don Hadder, a former Scottsdale city planner who, back in August, summarized to the Independent his client’s position:

A 1994 zoning case at Troon North allows for 37 residential units on the parcel in question, which can then be interpreted as 53 resort rooms — or 62 keys — given the dimensions of a hotel room compared to a residential dwelling.

Conversely, the Troon North Homeowners Association believes the land in question — which is 2.55 acres on what is known locally as parcel 6 of the Troon North Resort land designation originally set aside for a five-star resort — is and has been zoned for 22 single-family homes, not 62 hotel keys.

A view of the Troon Country Club in north Scottsdale. (Submitted Photo)

Scottsdale Zoning Administrator Randy Grant Aug. 24 — following a request for a summary zoning interpretation filed by Doug Jorden of Jorden, Hiser & Joy on behalf of the Troon North Homeowners Association — sided with the residents of Troon North ruling the site is zoned for 22 dwelling units or 31 resort units.

MBA Development appealed that ruling, which has now been denied by the Board of Adjustment, a ruling body of seven members appointed by Scottsdale City Council that renders final judgments on local zoning interpretation disputes.

MBA Development was represented by Frederick E. Davidson of Davidson & Kaffer, PLLC in this matter, city records show.

Leading the charge against the proposed timeshare resort property was Troon North Homeowners Association Vice President Manny Siprut, who says he feels the city of Scottsdale listened to its residents in this case.

“There are approximately 3,600 people who live in Troon North. About 350 homes in the direct sub-community where the developer wanted to build a resort,” he said in a Nov. 3 phone interview. “The residents were totally opposed to that. The city determined the maximum number of resort units is 31.”

Mr. Siprut contends Scottsdale officials took a keen interest in the Troon North zoning dispute.

“We had to get a dialogue with city council members and the city manager,” he said. “Some of them actually saw what we were talking about. I think the city was very responsive to our needs.”

Despite stark community opposition, Mr. Siprut says during the zoning case it was learned the operators of the golf course adjacent to the property in question came out in support of the 62-key timeshare property.

“They had told us they were neutral on this development and came out in support of the development prior to hearing,” he said of revelations leading up to the Nov. 1 Board of Adjustment hearing.

Mr. Jorden says his client is, overall, pleased with the Board of Adjustment ruling.

“The Board of Adjustment unanimously upheld the interpretation of the zoning administrator in this case that limits the density to 31 resort units,” he said in a Nov. 1 phone interview.

“I was very impressed with the amount of homework that was done by members of the Board of Adjustment,” he said. “I applaud the Board of Adjustment for taking the time to really dig into this and of course agree with their judgment.”

MBA Development has the option to appeal the Board of Adjustment ruling in Maricopa County Superior Court, according to Mr. Jorden.

“A lawsuit has to be filed within Superior Court, but we won’t know for about a month or so if they go forward with an appeal,” he said.