Now developer John Vidovich of DeAnza Properties wants a portion of the project in the area rezoned from commercial to townhomes and retail.

The project, which consists of two development phases, is already under construction. However, the second phase has proven controversial because of one particular building, which has been dubbed "The Tower." The developer wants to rezone the structure as retail/residential to include lofts that will be rented. The original design was approved by the San Jose City Council in 2000. Now, to accommodate this design Vidovich wants to increase the building height from the approved 73 feet up to 85 feet. It would be reconfigured with three tiers. The first two levels, reaching 65 and 75 feet respectively, would face St. Elizabeth Drive. The third level at 85 feet would face Fruitdale Avenue.

Neighbors argued that seven-story structure does not conform to the surrounding area. Residents said the building would cast shadows on the neighboring homes.

They also expressed concern about the architectural style of the building, which was out of character with the neighborhood.

Alexander Seidel, the project's architect, said the industrial look of the tower is meant to connect the project with the light rail station across the street. This industrial look, along with residential components of the rest of the project, are part of the developer's plans to vary the types of architecture in order to make the project look as if it were built at different time periods by different architects.

The residents also questioned the limited amount of open space and parking in the design.

The project has only about half an acre dedicated to open space. This includes an area in the center of the project, along with courtyards throughout the buildings.

The neighbors at the meeting said that this half-acre was far from adequate, and they wanted usable land for a park.

"We want dirt," said Randi Kinman who represents the Sherman Oaks neighborhood. "We can work with dirt."

On the issue of parking, neighbors argued that people living in the complex or shopping at the retail centers would park in the neighborhood.

Seidel said that the project has a surplus of 119 parking spaces. The total between the approved first phase of the project and the proposed rezoned second phase is 886 parking spaces for the 502 residential units. These spaces are included in the subterranean parking garages underneath each block of residential units and at ground level.

In addition Vidovich wants to rezone the second phase of the design to eliminate the commercial zoning element.

This amended design increases the amount of retail space from the approved 8,000-square feet to 21,000 square feet along Fruitdale Avenue and St. Elizabeth Drive.

The new proposal would also change the approved six-story, 250,000-square- foot commercial building along Southwest Expressway into a 120,000-square- foot residential building, with 80 townhomes for sale. The city council in 2002 approved the larger commercial design. The developer said current market conditions and higher housing demands would make this building the "economic backbone" of the project.

Changes are also proposed to the residential building along St. Elizabeth Drive. The developer would like to rezone this section from residential-only to retail and residential in order to add more room for a courtyard and additional retail space. This new design would decrease the number of residential units for rent from approximately 120 units to 117.

The project is tentatively scheduled to go before the planning commission in late February or early March. Construction is slated for completion sometime in 2008.