Organization, city at odds over parking for outdoor concerts

An organization that wants to put on open-air concerts at property it leases downtown claims the city shut it down because of its dirt parking lot even though the lot has been unpaved since the property was developed in 1899.

Not so, say city officials, who stated Tuesday that the city has “absolutely not shut down” an outdoor space that recently was used as a concert venue while lacking the proper permit. In fact, the city offered the group an alternative solution to the main issue of contention during a predevelopment meeting on Oct. 5.

Back to Basics Please Inc., which leases property at 447 S. Main St. to operate a youth center known as Generation Y 2000 Diversity Center, had contacted local media Monday claiming that the city had shut down its plans to host outdoor entertainment events in the backyard fenced area of the premises.

Brandon Bennett, president of BTTBP and GY2KC, said the source of contention is the property's unpaved parking lot. He noted that the property was grandfathered for uses such as retail, restaurant and office space from enforcement of an ordinance that requires paved parking on or adjacent to the premises.

Bennett said BTTBP can't obtain a conditional use permit without paved parking and the property owners will not pave the parking lot.

“We created The Backyard music venue so that our youth could enjoy a safe outlet to express and appreciate various live music genres, which is an essential human-core development outlet for all youth,” Bennett said. “We also envisioned the music venue as a way to generate income for the youth center.”

He noted that the “property sits at the end of a dead-end street with open desert all around us, and an active railroad, but the city is citing our little parking lot as possibly kicking up dust as the only reason to shut down our music venue. We promised the city that we would water down the parking lot prior to any event but the proposed resolution fell on deaf ears. ... it is yet another endeavor in downtown/old town Yuma, squashed because of insensible local regulations/fees.”

City officials countered that a land use change for which the property isn't zoned would trigger requirements that didn't apply before.

Anytime a property owner or tenant wishes to change its land use, they would be required to comply with zoning, building and fire regulations, explained Shelly Hook, city development project coordinator. “The requirements for outdoor entertainment and amplified music are not unique to this property. We are not asking differently of this tenant than we would of anyone else.”

The root issue behind the paved parking requirement — dust and particulate matter in the air — is subject to regulation by the federal government, leaving the city little wiggle room in that area.

“While we appreciate the efforts of local groups to improve quality of life for youth in our community and will do what we can to support such groups, we also owe it to everyone that we apply the same rules equally to our residents and businesses,” said Ricky Rinehart, city operations administrator.

Also, city officials say paving the parking lot is not the only possible solution proposed during the Oct. 5 meeting with BTTBP. BTTBP could negotiate a shared parking agreement with two other properties nearby that have paved parking.

Prior to the Oct. 5 meeting, city staff had discussed the requirements with BTTBP representatives, including the likely conditions of a conditional use permit.

“As they had gone ahead with their earlier event and advertised it, the city allowed the first concert to go on with the understanding they could fix the problems prior to next event,” said City Administrator Greg Wilkinson. “Had they applied for the necessary permit when it was first brought to their attention, they most likely would have it by now.”

On behalf of the Quechan Tribe, which owns the property, Brian Golding Sr. said the tribe is still working out with the tenant whether the concerts are an acceptable use under the lease for a youth center and what improvements the city might require. “No decisions have been made.”

GY2KC will continue to stay open and operate as a youth center until all options are considered, Bennett said. All shows booked at the GY2KC backyard venue will be moved to other venues.