High-rises and Nuisances

The dispute between Shady Park and Mirabella highlights the issues Tempe faces as the downtown area become more populated due to its proximatity to Arizona State University and the increase in high-rise residential buildings.

In the bustling area of Downtown Tempe, two prominent buildings stand side by side catching the attention of passersby: Shady Park and Mirabella at ASU. Shady Park, located at 26 E University Drive, has a rich history, having served as an art shop for ASU students in the 1960s and later as a restaurant, renowned for its unique feature - a palm tree inside the building. Since 2015, Shady Park has been a popular spot offering delectable ramen, sushi, and live entertainment, attracting a lively crowd near downtown.

However, the opening of the towering Mirabella at ASU, situated across the street at 65 E University Drive, created a clash of interests. Mirabella is a high-rise residential building for seniors, reaching an impressive height of about 240 feet with twenty stories. Developed by McCarthy Buildings Inc. and funded by private, nonprofit developers associated with Arizona State University, Mirabella offers its residents a chance to enjoy urban sophistication alongside the vibrant university environment. This combination, intended to provide a unique retirement experience, inadvertently led to a dispute with its neighbor, Shady Park.

The issue arose when Mirabella residents, who moved in when it opened in December 2020 during the COVID-19 closure of Shady Park, raised concerns about the restaurant's live music. They found the noise "unnecessary and excessive," disturbing their sleep throughout the night. In response to the complaints, Mirabella filed a lawsuit against Shady Park, seeking resolution to the noise dispute. The lawsuit eventually led to a court ruling in favor of Mirabella in April 2022, resulting in Shady Park suspending its live entertainment due to insufficient measures taken to mitigate the noise as previously instructed.

The conflict sparked debates over high-rise construction in the ASU/Downtown Tempe area, questioning why a residential building like Mirabella was placed near the lively and boisterous Downtown Tempe scene. However, historical context sheds light on the city's long-standing issues with nuisances and its growth in high-rise construction. In the 1975 Urban Design Study, Tempe's Planning Department emphasized the importance of sensitively designed high-rise buildings in their locations to gain community acceptance. Despite this, ASU's close proximity to Downtown Tempe has consistently driven the pressure for high-rise construction, with several major projects proposed over the years.

The area has a history of grappling with nuisances arising from its vibrant downtown scene. ASU's expansion and the influx of students led to issues like traffic, construction, and noisy parties in the past, prompting some older residents to move away to quieter retirement centers. Interestingly, Mirabella's presence, offering retirement options in the heart of Downtown Tempe, adds a new chapter to this historical narrative.

After a period of discord, both Shady Park and Mirabella at ASU found common ground. On March 30, 2023, an agreement was reached where Shady Park pledged to implement sound mitigation measures, allowing them to resume live music while minimizing noise impact on the surrounding community. Scott Price, the owner of Shady Park, expressed their commitment to being good neighbors and their satisfaction in finding a solution that benefits both parties.

Ultimately, the clash between Shady Park and Mirabella at ASU exemplifies the ongoing challenges posed by high-rise construction and nuisances in the vibrant Downtown Tempe area. However, through cooperation and willingness to find middle ground, the two parties managed to resolve their dispute, setting a positive precedent for the coexistence of high-rise residential buildings and local establishments in this lively community.

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