The organizer of a popular Village of Oak Creek outdoor art show will have to hope that county officials feel differently than did an ad-hoc community council.
Late last month the Big Park Regional Coordinating Council voted 14-2 against recommending approval of a five-year permit to the Yavapai County Board of Supervisors from Oak Creek Arts and Crafts Show.
This was based on the findings of the Big Park Planning and Zoning Committee.
Marlo Johnson’s permit request to allow up to 15 art/craft shows per year for up to 50 vendors at the Sedona Vista Village was scheduled to come before the county this month or possibly next. But that’s now changed.
Yavapai County Senior Planner Leah Brock said there is no hearing date set for the art shows at this time. Originally, this application was being processed as a Use Permit Renewal with No Modifications because the request and stipulations were not changing or being modified.
“However, after receiving feedback from the community, including BPRCC, Development Services has determined this application cannot be processed as a Use Permit Renewal with No Modification,” Brock said. “It instead will need to be processed as a Use Permit Renewal with Modifications due to the change in site plan, with the addition of the Element Hotel.”
A Use Permit Renewal with Modifications requires a full public hearing including community outreach and a recommendation from the Yavapai County Planning and Zoning Commission prior to the Board of Supervisors meeting. Brock said she has notified Johnson and sent the information needed to start the Citizen Participation Plan. Once completed, the application can be placed on an agenda to be heard by the Planning and Zoning Commission.
Johnson also runs the art show at Bell Rock Plaza.
“To put it in a word, I feel sad,” Johnson said. “The art shows do a lot of good for our community. They support local businesses by bringing people to the area; they generate donations to a variety of great causes, and give over 100 local artists the opportunity to show their work and support their families.”
“There are many Native American artists as well — many of whom are just now getting back on their feet after the significant COVID-19 impact on the reservations. There currently aren’t many opportunities to show art at outdoor events, as the larger shows are either holding off until next year or are too costly for artists to enter.”
In an Oct. 26 email to Johnson from Sedona Fire District Fire Marshal Jon Davis, Davis noted that the fire lane through the site is impaired.
“The conditions of the initial permit have changed and we must now address those issues and correct them,” Davis wrote. “Due to this blockage, it will be necessary to alter your layout for future events effective immediately. This has been addressed as well on the new permit application, which is currently working through the county permit process.
“From this point forward, the fire lane must be maintained and no tents or displays will be allowed outside of the boundaries of designated parking stalls. Temporary, easily moveable barricades or cones should be placed. This allows for pedestrian safety while maintaining immediate access to the fire lanes, should they be needed.”
Johnson said she’s making an effort to address the ad hoc group’s concerns, at least those concerns that are “fair and can be addressed.” She’s met with Davis and rectified all concerns regarding the tent layout and said she is in complete compliance with the fire code. She’s also secured off-site parking for artists, which alleviates the issue with artists parking on Cortez Street and the council’s concerns about pedestrians.
“Notably, shows have taken place in this parking lot even back when the retail complex was completely full of stores, and there has not been a single incident involving a pedestrian, so I do not understand why the council has made this in particular a major issue,” Johnson said. “As far as the standard practice for tent shows being a few weekends a year, my schedule of events is in complete compliance — as are all dates and times — with the schedule the county allows through the permit process, which residents of the VOC weighed in on during the last permit hearing.”
Johnson said she can’t understand all of BPRCC’s concerns since art shows have been taking place at that location for nearly 20 years, nine of which with her as promoter. For the last two years, she said the shows have had the same basic layout that exists now without any incidents and no complaints.
“I stay in close contact with the county and other authorities, and I am constantly checking to make sure there are no concerns,” she said. “There were no complaints for the last two years, no complaints until a couple weeks ago now that my use permit is up for renewal. I fear that there may be issues that some Big Park council members have with my shows that go beyond what they should be considering.”
The shows have not been out of compliance with county roadside advertising regulations, she said, but the council has raised that issue as well and Johnson said she’s committed to continuing to follow county regulations.
“I believe that most residents like the art shows and see them as beneficial to our town,” she said. “Unfortunately, I believe that there are several council members who do not, and they want the county to deny the use permit for reasons beyond those stated in recommending denial of the use permit.”
What happens if the county does not renew her permit?
“I haven’t even considered what I will do if the use permit is denied,” Johnson said. “I can’t imagine the Board of Supervisors would deny the use permit without evidence, due process and fair consideration. Doing so would put so many people out of jobs — people who have already suffered so much over the last year and would further their suffering.”
BPRCC Objections to Art Show Permit
■ The Site Plan provided does not reflect the property in its current configuration. Placement of “tents” is ambiguous and overall scenario inaccurate.
■ The 6.5-acre host property was redeveloped in 2018-19 and a 120-room Element Hotel added in 2020. Thus, the current redeveloped configuration of the property is no longer suitable for tent shows.
■ The site plan — and current practice — is not compliant with fire code regulation. The blocking of fire lanes, lack of sufficiently wide walking lanes between tents for safe personal distancing, narrow passage for automobiles and dead-end corridor on south end make the front lot hazardous and non-compliant.
■ Vendor parking on Cortez Drive endangers pedestrian and cyclist use [residential street] as there are no shoulders or sidewalks.
■ The application does not stipulate signage.
■ Increased flow of pedestrians and bicycles crossing from the Chase Bank parking lot across State Route 179 negatively impacts traffic flow during busy weekends. Further impact from the pending development of the now vacant Patel property across Jacks Canyon will aggravate an already treacherous situation.
■ Standard practice for tent shows is a few weekends per year in a community.
■ How can the community have assurance of compliance with the approved Site Plan, Yavapai County ordinances and first responder safety codes?
■ Recommends regular fire inspections and a process for citation and remediation to maintain a safe environment for residents and visitors. The “Flexibility” clause in the Letter of Intent does not allow for adequately informed decision-making, including input from community stakeholders on the impact of suggested changes.