Attachment E - Opposition - PHO-1-22--Z-26-15-4.pdf

1
Bradley A Wylam
From:
Kenny W <kennywaters602@gmail.com>
Sent:
Wednesday, August 17, 2022 9:03 AM
To:
PDD PHO
Subject:
Today's PHO Hearing, Item #3. PHO-1-22-Z-26-15-4 NWC of Central and Pierson St
Re: PHO Agenda Item #3 : PHO-1-22-Z-26-15-4, NWC of Central Ave and Pierson Street.  Applicant: 
Omninet/RangeWater via Ed Bull 
Hearing Date: Wednesday, August 17th, 10am. 
Position: Denial of extension request; or … Adding a development stipulation that states: an extension is hereby granted 
for one additional year on the development STIPULATION condition that all original 14,000 sq ft of Walkable Urban 
PUBLIC retail space that was planned along the light rail station and Central Ave in the heart of Uptown is indeed built 
on the ground floor, AND two (2) floors of underground parking are also built, as both retail and parking elements were 
originally represented and highly touted when the applicant used those elements to win the 5th floor WU Code bonus 
award in 2015 … based upon their incorporated WU Code representations that were modeled into their PUD award. The 
applicant is now making highly significant changes to the once Walkable Urban Project, going back on their word, and 
making the previous staff and public participation process a total sham. The question is, is that even legal?  It certainly 
deserves another public process as this WU to Non-WU switch-a-roo has gone under nearly EVERYONE’s radar. 
Including, I reckon, a lot of the planning staff’s radar as well. 
Dear Planning Hearing Officers, 
There is a great, great deal more to this PHO case than meets the eye with its seemingly simple extension request. 
Walkable Urban Code planning and development was coming to the heart of our Uptown. Evidently, not anymore? How 
is that possible? BUT … they’ll keep the bonus award of a 5th floor while scuttling the very public retail elements that 
won them the Walkable Urban bonus award?  Saying it’s not fair doesn’t begin to address this post-entitlement planning 
practice. 
Furthermore, Mr. Ed Bull just informed me that RangeWater, the ‘new’ developer/applicant since the Spring of 2021 is 
OUT – they have dropped out of escrow with Omninet and will NOT be developing the site. Days or hours before the 
extension hearing?! And when they were rumored to have entered escrow in the spring of 2021 last year, we were all 
far beyond any and all Covid hardships. Covid economic stimulus’s had actually SPIKED the markets and Zoom efficiency 
had taken over. So that hardship excuse is null and void.  
This Z-26-15-4 PUD was approved in December, 2015 with a firm 7-year expiration STIPULATON. No ifs, ands or buts. 
Done so in a time period that has been the most wildly successful real estate market in Phoenix’s history.  But the 
owner, Omninet, NEVER sought to develop the site themselves. They almost immediately put the site up for sale after 
winning the zoning entitlements.  Evidently they were asking too much and prospective buyer after buyer passed on 
Omninet’s asking price. Until RW, then not RW either.  This is exactly why it was capped at seven years – to spur actual 
development. Not entitlement enrichment and speculation. 
I hope you will insist on proper planning practices and not reward this kind of planning and development behavior in 
Phoenix. Thank you for your consideration. 
Sincerely 
ATTACHMENT E

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Ken Waters 
Pierson Place resident