Fitch Industries? purchase of the former Sedona Cultural Park property from Sathcupa is still in escrow.

Fitch Industries? purchase of the former Sedona Cultural Park property from Sathcupa is still in escrow.

Without closure of the deal, Fitch Industries cannot do any work on the site, according to Rick Rosenzweig, of Sound Investments.

Rosenzweig is working with Fitch Industries on the purchase of the property.

Limitations until the deal is sealed and site safety issues make opening the amphitheater in May — when Fitch Industries originally said it wanted to start using the venue — unlikely.

?We?d want them to fix that site back up so it?s safe,? said John O?Brien, Sedona director of community development.

Fitch Industries Vice President Ron Badraun, who is also project manager for the development, has been unavailable for comment for several months.

Sedona City Council unanimously approved Fitch Industries? amendment to the Community Plan Future Land Use Map in November, changing the designation of 23 acres of the 44-acre parcel from ?public/semi-public? to ?planned area.?

At that time, Fitch Industries public affairs consultant Susan Solomon said the escrow would probably close in January. Solomon no longer works for Fitch Industries.

According to Rosenzweig, there was never a set closing date.

?It was left quite loose,? Rosenzweig said.

Delays in closing, Rosenzweig said, don?t reflect Fitch Industries? intentions and Sathcupa is being compensated for the time.

Until the deal is closed, Fitch Industries can?t work on the site, Rosenzweig said.

Technically, Fitch Industries has the current zoning under the former Sedona Cultural Park?s designation to use the amphitheater, O?Brien said, but the site isn?t in working order.

Before the amphitheater can be used, site issues have to be addressed, O?Brien said. Adequate parking either on or off site, lighting and walkway maintenance are a few things O?Brien said Fitch Industries would have to work on before using the venue.

Nicholas Gioello, current planning division senior planner for the city, said city staff plan to look at the property and evaluate what needs to be fixed.

Headwaters Architecture submitted a letter of intent Feb. 26 for conceptual review by the Planning and Zoning Commission. Conceptual review allows the commission to look at a developer?s plan and comment before a rezone proposal is submitted.

The letter submitted by Headwaters is vague and city staff has asked that it be amended before the commission?s conceptual review Tuesday, May 1, O?Brien said.

City staff also expects Fitch Industries to submit a second community plan amendment proposal, according to the city?s Long Range Planning Senior Planner Mike Raber.

Fitch Industries has not yet submitted any paperwork in regard to a plan amendment but it has until Friday, April 20, to do so.

Council removed lodging from the amendment approved in November and at that time Fitch Industries indicated it would resubmit a proposal in 2007 to include this component.

Raber said city staff still expects this to be the case.