It was referred to as a housekeeping matter, but a proposed change to Yavapai County code has some concerned about the elimination of the public input process. 

On Thursday, Feb. 6, the Yavapai County Planning and Zoning Commission chose to postpone any action on a matter to consider a text amendment to the Zoning Ordinance regarding religious institutions in sections 410 and 411 of the county building code. If approved, the code would be changed from “upon Conditional Use Permit approval” to “subject to develop­ment criteria” for religious institutions. This means matters would be handled at the staff level and would not come before a governing body.

“This is a housekeeping issue,” Development Services Director David Williams said. “It is part of the ongoing review of the zoning ordinance to ensure compliance with state and federal regulations as well as iden­tifying regulations that need to be modernized.” 

Any changes to the code would bring the county up to speed with the Free Exercise of Religion Act, which became a state law nine years ago. If the county were not to comply with state law, Williams said it could set it up for possible litigation. 

The commission directed staff to include the definition of “Development Criteria” into this ordinance change as well as provide additional research on what the other counties across Arizona are doing. The matter will be brought back before the commission at a later date for recommendation — for or against — to the Yavapai County Board of Supervisors. 

If the code is changed, the use permit requirement would no longer be in the ordinance and religious institutions would be treated in accor­dance with Arizona State Law and similar institutional and assembly uses, Williams said. 

The five members of the public who spoke all expressed the same concerns, that being the potential elimination of public input. Those concerns were echoed by several of the commissioners.

“Eliminating the public from having input on a project is a concern,” Commissioner Mark Mumaw said. 

Commissioner Sandra Griffis agreed and said, “I would like to know what other counties are doing. This is big and I don’t support it.” 

Williams made it clear that this item has nothing to do with a previously-discussed 60,000-square-foot church on the 43-acre Sun Drift Ranch prop­erty at the end of Lee Mountain Road in the Village of Oak Creek. 

“We have received no applica­tion or any permits for any project at that location,” Williams said after the meeting. “While I recog­nize that two years ago we had a proposed church interested in going into that site, the property sold 18 months ago and is under different ownership. Staff is not aware of any development activity on this parcel at this time.” 

Last June the county determined that Camp Avalon, on Loy Road off of Red Rock Loop Road, was oper­ating a commercial campground in a residential area without proper permitting. Its owners, a New Age religious group called Global Community Communications Alliance and formerly known as Aquarian Concepts Community, argued that the land was being used for a spiritual center and not a camp­ground. Kate Joy, owner of Sun Cliff Sedona, which is next to Camp Avalon, said the owners should have sought a permit. 

Following last week’s commission meeting, Joy said she’s in agreement that the zoning language needs to change but has concerns. 

“The proposed changes are vague and create confusion, not clarity,” she said. “Current zoning does not define religious institution or what uses a religious institution could apply for in residential, commercial or industrial zones. Clear language on permitted, unpermitted and conditional uses for each zone should be incorporated in the county’s proposed amendment change. Requiring a Conditional Use Permit for a use outside of permitted uses allows for public involvement, public feedback and due process for all.”