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Sedona Cultural Park stakeholders face off at public hearing

By Cyndy Hardy | Special to SedonaDaily.com

Sedona, AZ - May 17, 2007 - Kent Fitch, president and CEO of Fitch Industries, insists he can save the Sedona Cultural Park, located at Cultural Park Place and 89A, if the city lets him build an artist village and five commercial buildings there first.

At Tuesday’s Sedona Planning and Zoning Commission meeting, Mr. Fitch submitted a request for a conceptual review of a zone change, subdivision and development plan for redevelopment of a portion of the Sedona Cultural Park.  Current zoning for the property is Planned Development.

No action was taken and his proposal was met head-on by commission members who had originally recommended against Fitch's proposal in support of a community that wants the cultural park completed but resists commercial uses there.

“You have dreams, just like [others did] in 1991,” Sedona Planning and Zoning Commissioner Jim Eaton said. “The former project was a “big white elephant,” It didn’t work. I don’t know why.”

Mr. Fitch said he knows why the cultural park project failed.

“Because there was no commercial support,” Mr. Fitch said.

Until recently, approved land uses included the amphitheater, performing arts facilities, exhibition buildings, an Arts Village with a visitor center, museums and administrative offices, accessory uses such as cafes, arts and educational facilities, a U.S. Forest Service Interpretative Center, multiuse facilities, studios and galleries and elder hostels.

Non-artist-related commercial use was not allowed.

The amphitheater was built first and operated by Sedona Cultural Park, Inc.

Financial troubles buried SCP in more than $5 million debt.

None of the other concepts were built and the park closed in 2003.

SCP’s debt was then assumed by Sathcupa LLC, a South Dakota corporation which stands for “Save The Cultural Park.”

Sathcupa, and entities that tried to buy the property, repeatedly failed to convince the city to approve development projects.

The grass burnt, and the amphitheater stage warped and splintered along with dreams of the park becoming an economic engine for the city by hosting mainline acts and artists like B.B. King, String Cheese Incident and Tony Bennett.

By the end of the year 2006, Sathcupa threw in the towel and was in escrow with Fitch Industries; and the Sedona City Council, possibly sensing that it might be a last chance to revive the Cultural Park, agreed to allow 40,000 of 160,000 square feet in maximum building area for non-artist-related commercial uses.

Mr. Fitch’s plan includes redevelopment of the defunct amphitheater to reduce seating from about 5,000 to 2,000; studio/living quarters for artists; a 40,000-square-foot conference center with balconies overlooking the amphitheater; a 250-seat performing arts center, possibly for Canyon Moon Theatre; and a second 500-seat theater, the use of which Mr. Fitch said hasn’t been determined.

Mr. Fitch said he intends to build Sedona Village first, an “artist village” that includes the conference center and 40,000 square-feet of non-artist-related uses.

His request concerns 6.78 acres of approximately 40 acres which comprise the Sedona Cultural Park subdivision. About 23 acres were included in the 2006 Community Plan Amendment approved by the City Council.

Commission members were not eager to approve the segment without understanding how it relates to the whole picture.

Commission members said on its own, the segment doesn’t address required community benefits.

“Usually the community’s benefits are on the front end [of a development proposal] and the developer's are on the rear,” said Planning and Zoning Commission Chairman John Griffin.

In the failed project, the amphitheater was built first.

“Right or wrong, that was the community benefit,” Chairman Griffin said.

Mr. Fitch insisted to get the project going an economic engine must first be in place.

“Pure art doesn’t support itself,” Mr. Fitch said.

Commissioner Allan Bergquist conceded the amphitheater needs an economic engine, but challenged Mr. Fitch to guarantee his plan’s success.

Commissioner Denise Barnhart agreed.

“What mechanism balances your drive for profit with the community benefit?” she asked. “The amphitheater seems a minor part of the picture.”

“I guess I’m more optimistic than you are,” he said.

Mr. Fitch said the amphitheater is seasonal and weather affects how much it can be used.

He said it could be a draw for the conference center, which would have balconies that double as “box” seating for events.

Mr. Fitch said the artist village offers additional community benefits, with plans for coffee shops, restaurants and bars that stay open past 9 p.m.

According to an 18-page city staff report, there could also be boutiques, a museum, bakeries, ice cream parlors and a forest service interpretive center,

“I haven’t seen any tourist-oriented business in West Sedona that’s been viable,” Chairman Griffin said.

Mr. Fitch said the non-artist-related businesses will be within the scope of the city-approved uses and he expects an agreement with Canyon Moon Theatre to build a performing arts center.

Commission members pressed Mr. Fitch for assurances for the theater; whether the company has enough funds to build and sustain the proposed venue; and whether he will hold the space indefinitely for it.

Mr. Fitch said he has offered to build the facility for a “reasonable” cost. Whether it happens depends on Canyon Moon Theatre’s ability to raise the funds, he said.

“In my view, it’s absolutely going to happen. It depends on how you look at it,” Mr. Fitch said. “It’s not like I’m going to kick them out and put in a shoe manufacturing company in there.”

Commissioner Eaton questioned the viability of the artist “live/work” spaces.

In theory, visual artists could live above their shops.

Tlaquepaque arts & crafts village started that way but eventually the second-story flats became shops and galleries.

“Twenty years ago, Tlaquepaque [developers] were pioneers,” Mr. Fitch said.

Now, artist villages are popular and his project’s CC&R’s will protect that from happening, Mr. Fitch said.

Commissioner Eaton said that might work, but he wants assurances.

“It doesn’t seem like you think anything we’re doing will work,” said Mr. Fitch, whom officials say has been vague about some aspects of his project. “What do you want to see for assurances?”

“I think it will work if it happens,” Commissioner Eaton said.

Mr. Fitch said he hasn’t been more specific about some aspects of the project because they depend on the success of Sedona Village.

He asked the commission to look at it from a business perspective.

“Would you build without knowing? I don’t know the future. Don’t you think that’s a good business decision?” Fitch asked.

“Probably good,” Commissioner Eaton said.

Adequate parking for the proposed ventures and Yavapai College, which owns about six acres in the cultural park, was also discussed.

“This is going nowhere without the satisfaction of Yavapai College,” said Planning and Zoning Commissioner Hal Driggs.

The college does not own any of the approximately 850 existing marked and unmarked parking spaces.

Bob Lynch, vice president of administrative services at Yavapai College, said Sathcupa attempted to impose parking maintenance fees of about $595 per day.

Mr. Fitch said in a follow-up conversation, “per day” was a typographical error that should have read “per month.” Sathcupa caught the error and informed Yavapai College, he said.

When college officials took issue with the fees, “Sathcupa said deal with Fitch and Fitch said deal with Sathcupa,” Mr. Lynch said.

Instead, the school voluntarily submitted itself to city zoning ordinances. Land matters are normally under the jurisdiction of the Arizona State Board of Directors for Community Colleges.

Mr. Lynch said parking for the college is not included in the Fitch concept design and certain rights to common areas and parking run with the land.

“The city has a responsibility to protect those rights,” Lynch said.

John Hurley, an attorney for Mr. Fitch, said Yavapai College does not have legal rights to the parking.

However, Yavapai College and Mr. Fitch have considered a land trade.

“They offered 2.3 acres for [Yavapai College’s] five acres,” Mr. Lynch said.

Not true, Mr. Fitch said. He offered 2.3 acres plus 180 prime spaces in a possible parking garage.

On Thursday, Mr. Fitch said his certified appraisal indicates the land and parking he offered could be worth about $2 million; three times more than the five acres.

Mr. Lynch said the school’s counter-offer to swap for six acres that is contiguous with the campus to facilitate the college’s intent to expand the Sedona campus, was declined.

Chairman Griffin said the parking issue is one of many “loose ends” threatening the commission recommending approval of a zone change for the Fitch design concept.

Mr. Fitch said the project exceeds parking requirements by 300 spots.

Chairman Griffin said the parking is so spread out over the park that it doesn’t benefit Yavapai College.

Several students and board members of the Osher Lifelong Learning Institute, a membership organization within Yavapai College, addressed the commission.

They said the OLLI program primarily serves senior citizens who need parking close to the campus.

“We have no doubt there’s plenty of parking. We want to see where,” said Nick Gioello, the city’s senior planner.

Mr. Fitch protested against what he said was nearly 1.5 hours of people calling him “a villain” and accusing him of not working with the college to resolve the parking issue.

“I don’t see them writing a $2 million check,” he said, directing his remark to the OLLI contingent.

Mr. Fitch said the college is supposed to obtain a certified appraisal, without which he cannot negotiate a land deal.

“It hasn’t been done,” he said. “Why don’t we say that? I don’t know why this is brought to you to protect Yavapai College. I support what they do.”

Frustrated by the community’s pressure for “assurances,” Mr. Fitch said he approaches every project passionately.

He said he is 100 percent committed to a project that offers many community benefits that support the arts.

The viability of his project, the public benefits and the commercial entities are subject to the principles of business, he said.

“I wish someone could give me assurances,” Mr. Fitch said.

 


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