Vote — approved

Jack Sellers	yes
Thomas Galvin	yes
Bill Gates	yes
Clint Hickman	yes
Steve Gallardo	absent

Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Clint Hickman Absent: Steve Gallardo

Item Text

9. TRB TONOPAH Case #: Z2024027 Supervisor District: 4 Applicant & Owner: Mike Prefling, Prefling Engineering / Medina Real Estate Enterprises, LLC Request: Special Use Permit (SUP) for a recreational open-air facility (outdoor shooting range) in the Rural-43 zoning district Site Location: Generally located at the SEC of Northern Ave. (alignment) and 443rd Ave. (alignment) in the Tonopah area Commission Recommendation: On 10/24/24, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2024027 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the site plan entitled “Overall Site Plan for TRB Range,” consisting of 2 full-size sheets, dated May 27, 2024, and stamped received August 19, 2024, except as modified by the following conditions. A revised site plan that delineates the boundary of the area within the parcel specifically subject to the SUP and features a corresponding legal description for the SUP area shall be submitted to Planning & Development staff within 30 days of Board approval. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “Project Narrative for TRB Tonopah,” consisting of 9 pages, stamped received May 27, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards, and best practices at the time of application for construction. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage Plans must be submitted with the application for Building Permits. 4. The Drainage Report must be prepared in accordance with Maricopa County Drainage Policies and Standards Standard 6.13 and/or 6.14 as appropriate. 5. For the building permit, the applicant shall demonstrate how Wash 2 will be rerouted between the shooting ranges. Building permit submittals shall include analysis to determine stabilization requirements for channels to meet County requirements. Grading must be contained on site. 6. The subject site is not located within the County’s Urbanized Area; and thus, will not require a Storm Water Pollution Prevention Permit (SWPPP) from the County. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. 7. Per the Pre-Application, the grading and drainage plan must indicate the required stormwater retention volume for the 100-year, 2-hour storm event with one (1) foot of freeboard is provided for the developed portions (i.e. parking areas) of the sites. Basins one (1) foot or less in depth need not provide freeboard. Retention will be required for parking areas. 8. The site contains areas of regulated floodplain (FEMA Zone A). No development is proposed in this area. Should development be proposed, a floodplain use permit issued concurrent with building permit(s) will be required. Structures in the floodplain must be elevated to the regulatory flood elevation determined by an engineer. 9. Prior to submission of plans for building permits, certification of the topographic information will be required. d. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. MCESD will allow the use of portable chemical toilets for this site in lieu of a permanent drinking water source and permanent means of wastewater disposal. This allowance is based on the following considerations: the site is in a remote location; the activity proposed with this SUP will occur no more than 40 days per calendar year; there will be a maximum of 20 people using this site on any given day; the nature of the activity proposed with this SUP is strictly limited to firearms training; and the site will have no buildings, only dirt shooting bays, and all equipment will be brought in and removed from the site per event. For these reasons, MCESD considers this site and the nature of the activity as temporary. 2. If the site conditions are altered or there is a deviation from the approved conditions of this SUP (either of which would require an amendment to the SUP or a modification of conditions, respectively), MCESD may no longer allow portable chemical toilets and would require submittal of applications for the installation of an approved sewerage system for permanent plumbing fixtures and a public water system. e. This special use permit is valid for a period of 30 years and shall expire on November 20, 2054, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. f. The following SUP standards shall apply: 1. Setbacks: 0’ 2. Site Enclosure/Screening: None required. However, all shooting of firearms shall be conducted within designated shooting bays bounded by 10’ tall earth berms. Shooting of firearms shall be exclusively in the direction of these berms. 3. Parking: None required. However, any parking provided will be required to adhere to the parking regulations established in MCZO Section 1102. 4. Loading Areas: None required. 5. Sight Visibility Triangles: None required. 6. Roadway/Parking Surfacing: At minimum, stabilized DG shall be provided. 7. Site Lighting: Temporary lighting may be provided in the form of rental lighting towers powered by generators. g. The following restrictions shall apply: 1. Use of the site shall be limited to a recreational open-air firearms training facility. Any other uses of the site shall require approval of an SUP Major Amendment or an SUP Modification of Conditions. 2. Scheduled training activities shall be limited to a maximum of 40 days per calendar year and shall only occur between the hours of 6:00 AM and 12:00 AM. 3. The maximum number of people at a scheduled training event shall be 20. 4. No ammunition, rounds, casings, or debris of any kind generated by shooting activities may be allowed to exit the property boundaries. h. The applicant or owner shall submit a Right-of-Way Reservation Action Request Form to MCDOT to waive or reduce any requirement for right-of-way preservation along the north and west lot lines. If a reduction or waiver is denied, or any approved reduction is to >34’ from either lot line, then the applicant or owner shall submit a revised site plan showing any development set back no less than a distance equal to the required right-of-way preservation from either lot line. Such a revised site plan shall be submitted within 30 days of Board of Supervisors approval or within 30 days of MCDOT determination, whichever occurs later. The required form may be accessed at the following link: https://www.maricopa.gov/DocumentCenter/View/94549/Right-of-Way-WaiverApplication. i. The owner / operator of the site shall share the range schedule, to the greatest extent possible, with Luke Air Force Base Airspace Managers. This will allow Luke AFB to communicate when air exercises are scheduled to possibly modify range use hours. j. The special use shall adhere to the Board of Supervisors Resolution, December 1980 as applicable. This resolution establishes guidelines and conditions for temporary uses. The following conditions shall apply: 1. The applicant shall provide adequate ingress and egress to the premises and parking areas. 2. The applicant shall provide an ample supply of water for drinking and sanitation purposes. The quality and quantity of water and location of facilities shall be approved by the Maricopa County Environmental Services Department. 3. Supplemental toilet facilities must be provided for each scheduled training event. At least one closed toilet facility marked ‘MEN’ and at least one closed toilet facility marked ‘WOMEN’ shall be provided. The number and location of toilets shall be approved by the Maricopa County Environmental Services Department. 4. At least one trash can with a capacity of 32 gallons shall be provided. Trash and refuse disposal shall be pursuant to procedures established by the Maricopa County Environmental Services Department. 5. For training events conducted after dark, lighting shall be provided to ensure public areas are adequately illuminated. All outdoor lighting shall be shielded so that it is directed downward below the horizontal plane of the fixture and does not trespass onto adjacent properties. 6. No overnight camping is allowed with this Special Use Permit. k. Noncompliance with any of the conditions assigned to the approval of this Special Use Permit by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. l. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-25-042-X-00)

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