Rezoning Application Z-183-86

The purpose of this letter is to inform you that our company filed a request with the Planning Hearing Officer to modify stipulations of approval for Rezoning Application Z-183-86. The subject site is commonly called Park Central Mall and consists of approximately 50-acres roughly bounded by Central Avenue on the east, Catalina Drive on the south, 3rd Avenue on the west, and Osborn Road on the north.

The request has been scheduled for hearing as follows:

Planning Hearing Officer (PHO) Hearing

May 20, 2009 @ 10:00 AM
Phoenix City Hall
200 W. Washington St.
First Floor, Assembly Room C
Phoenix, AZ 85003

The site is currently zoned C-2 H-R TOD-1 and is developed with commercial retail structures that have been converted mainly into office space. In order to proceed with redevelopment of the site, we are requesting to modify stipulations of approval for Z-183-86, as amended by PHO action and approved by City Council on November 18, 1998. A copy of the 1998 stipulations are attached.

Many of the 1998 stipulations were crafted to ensure that future development accommodated mass transit. These transit stipulations pre-date the citizens’ approval of a sales tax (2000) for transit improvements and the approval by City Council in 2003 of the Transit-Oriented Development Overlay District 1 (TOD-1). Prior to adoption of the TOD-1 district and revisions in 2003 to the Citywide Design Guidelines and C-2 zoning district development standards, stipulations were often crafted to ensure that new development included adequate setbacks and landscaping to provide a comfortable pedestrian environment. The TOD-1 overlay district now controls setback and landscaping standards, making many of the 1998 setback and/or landscaping stipulations unnecessary. In fact, several of the 1998 stipulations are contradictory to current city policies and ordinances and would require variance relief from the Zoning Ordinance through a separate public hearing process.

Additionally, the 1998 stipulations relate to a site plan (Stipulation No. 12) which is no longer appropriate for this property. In order to permit the proposed redevelopment, this stipulation must be amended to reflect the proposed site plan.

We believe that development of the site under the current C-2 HR TOD-1 development standards will achieve the goals and objectives intended by the original approval (and subsequent 1998 modification) and allow appropriate development within the Central Avenue corridor.

You are welcome to attend the hearing to learn about the case and make your opinions known. Please confirm the meeting details with the City of Phoenix Planning Department before attending and reference PHO Application No. PHO-2-08 - Z-183-86. Hearing information may also be found on signs posted on the site and in the Arizona Business Gazette.

You may reach me or Stella Sheridan of my office at (602) 265-0094 or ssheridan@ecllaw.com if you have any questions.

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