06. Z2016008 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: August 17, 2016
Case #/Title: Z2016008 – Thunder Ridge Air Park
Supervisor District: 4
Applicant/Owner: Beus Gilbert PLLC/Thunder Ridge Air Park HOA
Request: Major Amendment to a Special Use Permit (SUP) for a
private runway/airstrip in the Rural-43 zoning district
Site Location: Generally located south of Joy Ranch Road on the 237th
Avenue alignment in the Morristown area
Site Size: 4.85 acres
County Island Status: N/A
Additional
Comments: The opposition to this case presented their issues at the
Commission hearing stating that Maricopa County Zoning
Ordinance, Article 1111.3 does not permit the required
Obstacle Free Zones (OFZ) and Runway Protection Zones
(RPZ) to be waived for runways that are not regulated by the
Federal Aviation Administration (FAA). Staff and the
Commission disagree. It is staff’s understanding that since
the FAA does not regulate this runway, the requirements
may be waived by the Board of Supervisors.
It should be noted that the SUP currently is approved for the
entire length of the runway and that will not change with the
subject amendment. The Commission did not see a
diminution of value for the southern property (opposition
party) as their property maintains the same development
potential and zoning entitlement regardless of whether or
not the subject SUP amendment is approved. The use of the
runway has been in existence since the 1990s.
Commission
Recommendation: On 7/21/16, the Commission voted 6-0 to recommend
approval of Z2016008 subject to conditions ‘a’ – ‘q’.
August 17, 2016
Z2016008
Page 1 of 4

Provided the following conditions are met:
a. Development of the site shall be in conformance with the Site Plan entitled
“Thunder Ridge Air Park Major SUP Amendment”, consisting of three (3) full-size
sheets, dated stamped received May 6, 2016 except as modified by the
following conditions.
b. Development of the site shall be in conformance with the Narrative Report
entitled “Thunder Ridge Air Park Major Special Use Permit Amendment”,
consisting of seventeen (17) pages, dated stamped received June 15, 2016
except as modified by the following conditions.
c. The Special Use Permit (SUP) may be removed by the Board of Supervisors (BOS)
upon termination of the runway use, or upon determination of noncompliance
with the conditions of SUP approval. If the BOS removes/rescinds/revokes the
SUP, all improvements related specifically to the runway SUP must be removed
within 60 days of such termination.
d. A status report shall be required every ten (10) years from the approval date
and/or proposal to expand the number of lots served by the runway or to modify
flight patterns. Luke Air Force Base and the Federal Aviation Administration must
be notified of these changes.
e. The Special Use Permit (SUP) shall be limited to the use of the owners and guests
of lots with direct frontage onto the east or west side of the 2,641 ft.
runway/taxiway as illustrated in condition ‘a’.
f. The following Drainage Plan Review stipulations shall apply:
1. All development and engineering design shall be in conformance with
the Drainage Regulation and current engineering policies, standards and
best practices at the time of application for construction.
2. Drainage review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with the
Drainage Regulations and design policies and standards.
g. The following Maricopa County Department of Transportation (MCDOT)
stipulation shall apply:
1. Provide a total half-width of 40 feet R/W on Joy Ranch Rd.
2. Provide a total half-width of 65 feet R/W on 235th Ave.
h. Development of the site shall be in compliance with all applicable Maricopa
County Air Quality rules and regulations.
i. The following MCESD condition shall apply:
August 17, 2016
Z2016008
Page 2 of 4

If, in the future, a review finds that the Thunder Ridge water system meets the
criteria as a Public Water System, it must come into compliance as a PWS within
1 year of notification.
j. Prior to any future development, a Floodplain Clearance will need to be
obtained from the Floodplain Management and Services Division of the Flood
Control District as a part of the building permit process.
k. Development and use of the site shall comply with requirements for fire
protection measures as deemed necessary by the Circle City Morristown
Volunteer Fire Department. Prior to issuance of zoning clearance, the applicant
shall seek review and comment from the applicable fire protection agency, and
shall provide written confirmation that the site will be developed in accordance
with their requirements.
l. Prior to zoning clearance, developer(s) and/or builder(s) shall establish
emergency fire protection services, covering all real property contained within
the project area during course of construction and shall obtain a ‘will serve’
letter substantiating coverage from the appropriate Fire Department servicing
the site.
m. The applicant or his successor shall obtain approval of any development plans
from the Office of the Arizona State Fire Marshal prior to any construction.
n. Amendments to the site plan and narrative report shall be processed as a
revised application in accordance with Maricopa County Zoning Ordinance
Article 304.9.
o. Noncompliance with the conditions of approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further,
noncompliance of the conditions of approval may be grounds for the Planning
and Zoning Commission to take action in accordance with Chapter 3
(Conditional Zoning).
p. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation, Drainage Plan Review Division, Planning and Development
Department, or the Flood Control District of Maricopa County may be grounds
for initiating a revocation of this Special Use Permit as set forth in the Maricopa
County Zoning Ordinance.
q. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowners. The granting of this approval is
temporary and allows the property to enjoy uses in excess of those permitted by
the zoning existing on the date of application, subject to conditions and
stipulations. In the event of the failure to comply with any condition or stipulation,
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 stipulations, 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
August 17, 2016
Z2016008
Page 3 of 4

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.
Presented by: Ray Banker, Planner
Reviewed by: Darren Gerard, AICP, Deputy Director
Attachments: 7/21/16 P&Z Packet (48 pages)
Note: 7/21/16 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon
request later when available.
August 17, 2016
Z2016008
Page 4 of 4

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2016008 – Thunder Ridge Air Park
Meeting Date: July 21, 2016
Agenda Item: 10
Supervisor District: 4
Applicant: Beus Gilbert PLLC
Owner: Thunder Ridge Air Park HOA
Request: Major Amendment to Thunder Ridge Air Park Special Use Permit
(SUP)
Site Location: Generally located south of Joy Ranch Road on the 237th Avenue
alignment in the Morristown area.
Site Size: 4.85 acres
Density: N/A
County Island: N/A
County Plan: White Tank/Grand Avenue Area Plan – Rural Densities (0-1 d.u./ac.)
Municipal Plan: City of Surprise/Rural Residential
Municipal Comments: Objections (memo provided)
Support/Opposition: One (1) letter of opposition received.
Recommendation: Approve with conditions
Agenda Item: 10 – Z2016008
Page 1 of 11

Project Summary:
1. Beus Gilbert PLLC on behalf of the Thunder Ridge Air Park HOA submitted this Major
Amendment request to the existing SUP (Z2010047). The subject site is a portion of the
237th Avenue alignment as shown in the aerial photo below. There are currently 15
parcels that access the runway for the Air Park on the east or west sides. The SUP was
approved for 20 years which has been in existence since the 1990’s and had previously
approved entitlements. This amendment proposes the following changes to the Special
Use Permit:
• To change the conditions of approval with the SUP (Z2010047) for conditions ‘c’, ‘d’,
and ‘e’. These conditions were approved to limit the time frame of the SUP,
requirements for status reports, and limiting the number of lots contiguous to the
runway.
• The elimination of the Runway Protection Zone (RPZ) and Obstacle Free Zone (OFZ)
on the southern portion of the runway.
Aerial Map of subject site
Agenda Item: 10 – Z2016008
Page 2 of 11

2. The existing approved and proposed changes to the conditions of approval with the
SUP are provided within the narrative and the specifics are detailed below.
Existing Conditions – Z2010047
c. This Special Use Permit shall expire 20 years from the date of approval by the
Board of Supervisors, or upon expiration of the lease to the applicant, or upon
termination of the use, whichever occurs first. All of the site improvements that
are not otherwise deemed as a by-right use shall be removed within 60 days of
such termination of expiration.
d. The applicant shall submit a written report outlining the status of the
development at the end of five (5) and eighteen (18) years from the date of
approval by the Board of Supervisors. The status report shall be reviewed by staff
to determine whether the Special Use Permit remains in compliance with the
approved stipulations.
e. The Special Use Permit shall be limited to the use of the owners and the guests of
the 14 lots contiguous to the runway.
Proposed Modifications to Conditions – Z2016008
c. The Special Use Permit (SUP) may be removed by the Board of Supervisors (BOS)
upon termination of the runway use, or upon determination of noncompliance
with the conditions of SUP approval. If the BOS removes/rescinds/revokes the
SUP, all improvements related specifically to the runway SUP must be removed
within 60 days of such termination.
d. A status report shall be required every ten (10) years from the approval date
and/or proposal to expand the number of lots served by the runway or to modify
flight patterns. Luke Air Force Base and the Federal Aviation Administration must
be notified of these changes.
e. The Special Use Permit (SUP) shall be limited to the use of the owners and guests
of lots with direct frontage onto the east or west side of the 2,641 ft.
runway/taxiway as illustrated in condition ‘a’.
3. The applicant has provided justification for these requests within the Narrative Report. It
is mentioned that the runway has been in use for many years and the homeowners
plan to use it for themselves and future generations. The elimination for the SUP
expiration comes without expense and time associated with amending the SUP or
applying or a new one upon expiration. There would still be a status report required to
monitor the use every 10 years. Staff notes development patterns to the north and south
are not known. At this time, these adjacent areas remain in a natural state but will likely
develop in future decades. The reason for the elimination of the RPZ and OFZ is due to
homeowners and pilots can be restricted due to the current placement of the
shortened threshold of these zones when landing. They reference the Trilby Wash which
has both floodway and floodplain zones on the adjacent property to the south as the
main justification for removal of the RPZ and OFZ zones. Development on the adjacent
parcel to the south is thus severely impacted where AE zoning requires a floodplain use
Agenda Item: 10 – Z2016008
Page 3 of 11

permit and elevation of structures that creates a hardship for development options.
Since the airstrip has been existing since the 1990’s, the Maricopa County Zoning
Ordinance was amended to require these zones in 2001 when the airstrip was already
in operation. The proposed site plan by the applicant is provided below.
Proposed Site Plan
Agenda Item: 10 – Z2016008
Page 4 of 11

4. The City of Surprise provided comments dated March 25, 2016 (attached) opposing the
original proposal documents provided by the applicant. They stated concerns with
possibly allowing for larger aircraft if the runway is lengthened due to the removal of the
RPZ and OFZ zones. There were also comments related to the existing stipulation
changes where at the time, the applicant wished to eliminate the SUP expiration
requirement, the requirement for status reports, and modifying the number and
proximity of lots that may utilize the airstrip. Their reasoning included the ability to
monitor the entitlement over time and to participate in such evaluation in the future.
5. Staff also received a memo from Luke Air Force Base (LAFB) on March 24, 2016
(attached) regarding the initial submittal documents for this request. They stated no
objection to the removal of the RPZ and OFZ zones. They did however express concerns
with the original requests to eliminate the existing stipulations ‘c’ and ‘d’ and modify
stipulation ‘e’. Their stated issues with these changes are for continued monitoring
purposes of the entitlement and no limitations on the potential for unmanaged growth
of the airpark. A follow email by LAFB was received on July 12, 2016 (attached) and
addressed to the applicant that they are in agreement with the proposed modified
conditions.
Existing On-Site and Adjacent Zoning / Land Use:
6. On-site: Rural-43 / 237th Avenue alignment/private airstrip
North: Rural-43 / Vacant
South: Rural-43 / Vacant
East: RU-43 / Single-family residences
West: Rural-43 / Single-family residences
Utilities and Services:
7. Water: Private well
Wastewater: On-site septic system
School District: Morristown Elementary School District
Fire: Circle City Morristown Volunteer Fire Department
Police: MCSO
Adopted Plan:
8. White Tank/Grand Avenue Area Plan: Property is designated as Rural Densities (0 - 1
d.u./ac.). This is a request for a modification to an existing land use (airstrip) and no new
land uses are proposed with this request.
Public Participation Summary:
9. The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the property. The applicant also provided notification letters to
neighboring landowners within 300 feet of the subject property. Staff received an
updated Citizen Participation Plan with details of the original notification procedures
and results of the participation required.
Agenda Item: 10 – Z2016008
Page 5 of 11

10. Staff received one (1) letter of opposition (provided as an attachment) dated May 18,
2016 from Mr. Samuel G. Coppersmith for their client (Jacoba H. Nobel-Frima) whom
owns the adjacent parcel to the south of the runway (APN #503-86-009C) and the
parcel south of the adjacent parcel (503-86-009E). The letter mentions opposition to the
case for the purposes of requiring a three-fourths vote (which would be addressed with
the Board of Supervisors Short Report if required). The letter further states opposition to
the deletion of the RPZ and OFZ requirements on the southern portion of the runway as
it “would restrict the use of her property, without compensation, for the benefit of the
Air Park.” The letter also mentions objection to deletion of the existing stipulation ‘c’
(time limit) and stipulation ‘d’ (written status reports) as further review and oversight is
needed if there would be future changes to the existing SUP. Lastly, there would be
objection to modifications to stipulation ‘e’ if there were more than 16 lots contiguous
to the runway that are able to access the runway. It should be noted that within the
applicant’s updated Citizen Participation Plan, it is mentioned that they have been in
contact with the owner of the property to the south of the airstrip. There has not been
any success with a sale of easement or compromise as the airstrip has been in
existence since the 1990’s and Tribly Wash/Floodplain already impacts the
development of this property.
Outstanding Concerns from Reviewing Agencies:
11. N/A
Staff Analysis:
12. Staff is in support of the proposal to amend the SUP for the Thunder Ridge Air Park. The
concerns and opposition presented by Luke Air Force Base and the City of Surprise was
in reference to the original submittal for this case by the applicant. Since then, staff has
worked with the applicant to generate new conditions that address these issues and
provide a basis for future evaluation of the entitlement. As mentioned, LAFB has
provided a follow up email mentioning their acceptance of the proposed modification
of conditions as detailed earlier in this report.
13. The elimination of the SUP expiration is supported as the new proposed condition ‘c’
includes language for termination of the runway use if noncompliance with the
conditions of approval cannot be met. There is still a requirement for the status report
every 10 years and/or if the number of lots is requested to be expanded or to modify
the existing flight patterns. The FAA and LAFB would be required to be notified if these
changes were to be suggested where continued assessment of the entitlement would
be allowed. Condition ‘e’ is modified to remove the exact number of lots (previously
stipulated to 14 even though the previous site plan showed 15 lots contiguous to the
airstrip). However, there is language proposed that conditions to the site plan provided
lots which is still 15 properties adjacent to the runway.
14. MCZO, Art. 1111.3 limits building/structure heights along the side of and at the end of
runways via Obstacle Free Zones (OFZ) and Runway Protection Zones (RPZ). When any
portion of the OFZ or RPZ is offsite of the runway property it is subject to obtaining an
avigation easement or other form of written consent from the affected property owner.
The Article includes allowance for the provisions for an OFZ/RPZ to be waived in
consideration of Federal Aviation Administration (FAA) or Department of Defense
Agenda Item: 10 – Z2016008
Page 6 of 11

requirements. In taking those requirements into consideration, it’s important to note
that both LAFB and the FAA have signed off on this SUP Amendment without any
outstanding objections. The applicant has indicated the FAA does not regulate this
runway.
If the Commission considers these comments from the FAA and LAFB (see attached)
sufficient to consider waiving the OFZ/RPZ requirements, staff would emphasize the
topography of the surrounding landscape works to provide a natural RPZ southward
from the runway onto the neighboring property. There is a large wash (FEMA
designated Floodway) that is a near perfect extension of the runway. This corridor is
unlikely to be developed in the future without significant engineered improvements to
relocate the wash. Floodway/Floodplain cover most of the acreage on the southern
property that would otherwise be delineated as RPZ (see exhibit below), and as such
may be considered as warrant for waiver of the RPZ south of the runway.
However, it must be noted that there remains areas along the wash including within the
Floodplain that can be developed with buildings at present; and more noticeably,
there is a graded area located immediately at the southern terminus of the runway that
has no topographical constraints to development. If there is no provision for an RPZ to
the south of the runway, that property owner will arguably have zoning entitlement to
erect a detached accessory structure 30’ high at a 3’ setback from the lot (or 20’ street
side yard setback if there is an access easement abutting said lot line). In such event
the applicant believes he holds prescriptive easement rights, which would be a civil
matter between the property owners. It should be noted that if the OFZ/RPZ
requirement is waived, it will not exist on either the applicant’s property or the property
to the south. See below for map showing the southern portion of the airpark with flood
contours provided.
View of southern portion of Thunder Ridge Air Park and Adjacent Property with Flood Contours
Agenda Item: 10 – Z2016008
Page 7 of 11

15. There are no outstanding concerns from reviewing agencies. Staff also received
correspondence from the Maricopa County Sheriff’s Office, Maricopa County
Department of Emergency Management, and the Arizona Department of
Transportation stating no objections to the requests. These documents are included as
attachments to the report. Furthermore, staff received a memo from the Federal
Aviation Administration to the applicant on March 28, 2016 (attached) stating no
objection to the continued operation of the airpark.
16. The proposed changes to the conditions (‘c’, ‘d’, and ‘e’) as proposed by the
applicant are provided in the recommendation. In addition to these conditions, there
will also be recommended modifications to conditions ‘a’ and ‘b’ for the new Site Plan
and Narrative Report. Lastly, condition ‘i’ would be modified as provided by MCESD in
their memo. All other conditions of approval from Z2010047 have been carried over.
These existing conditions and recommended changes are listed below:
Existing Conditions – Z2010047
a. Development of the site shall comply with the Zoning Exhibit entitled “Thunder Ridge Air
Park SUP” consisting of one (1) full-size sheet, stamped received April 8, 2011, except as
modified by the following stipulations.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Thunder Ridge Air Park: Request for New Special Use Permit for an Existing Private Air
Strip”, consisting of six (6) pages, stamped received February 14, 2011, except as
modified by the following stipulations.
i. In accordance with Maricopa County Environmental Services Department
requirements, if the Thunder Ridge Air Park water system meets the criteria as a Public
Water System (PWS), it must come into compliance as a PWS within 1 year of
notification.
Proposed Modifications to Conditions – Z2016008 (in addition to applicant’s proposed
modification to conditions ‘c’, ‘d’, and ‘e’)
a. Development of the site shall be in conformance with the Site Plan entitled “Thunder
Ridge Air Park Major SUP Amendment”, consisting of three (3) full-size sheets, dated
stamped received May 6, 2016 except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Thunder Ridge Air Park Major Special Use Permit Amendment”, consisting of seventeen
(17) pages, dated stamped received June 15, 2016 except as modified by the following
conditions.
i. The following MCESD condition shall apply:
If, in the future, a review finds that the Thunder Ridge water system meets the criteria as
a Public Water System, it must come into compliance as a PWS within 1 year of
notification.
Agenda Item: 10 – Z2016008
Page 8 of 11

Recommendation:
17. For the reasons outlined in this report, staff recommends the Commission motion for
approval of Z2016008 to modify conditions ‘a’, ‘b’, ‘c’, ‘d’, ‘e’, and ‘i’ of Z2010047.
Provided the following conditions ‘a’ – ‘q’ are met:
a. Development of the site shall be in conformance with the Site Plan entitled
“Thunder Ridge Air Park Major SUP Amendment”, consisting of three (3) full-size
sheets, dated stamped received May 6, 2016 except as modified by the
following conditions.
b. Development of the site shall be in conformance with the Narrative Report
entitled “Thunder Ridge Air Park Major Special Use Permit Amendment”,
consisting of seventeen (17) pages, dated stamped received June 15, 2016
except as modified by the following conditions.
c. The Special Use Permit (SUP) may be removed by the Board of Supervisors (BOS)
upon termination of the runway use, or upon determination of noncompliance
with the conditions of SUP approval. If the BOS removes/rescinds/revokes the
SUP, all improvements related specifically to the runway SUP must be removed
within 60 days of such termination.
d. A status report shall be required every ten (10) years from the approval date
and/or proposal to expand the number of lots served by the runway or to modify
flight patterns. Luke Air Force Base and the Federal Aviation Administration must
be notified of these changes.
e. The Special Use Permit (SUP) shall be limited to the use of the owners and guests
of lots with direct frontage onto the east or west side of the 2,641 ft.
runway/taxiway as illustrated in condition ‘a’.
f. The following Drainage Plan Review stipulations shall apply:
1. All development and engineering design shall be in conformance with
the Drainage Regulation and current engineering policies, standards and
best practices at the time of application for construction.
2. Drainage review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with the
Drainage Regulations and design policies and standards.
g. The following Maricopa County Department of Transportation (MCDOT)
stipulation shall apply:
1. Provide a total half-width of 40 feet R/W on Joy Ranch Rd.
2. Provide a total half-width of 65 feet R/W on 235th Ave.
Agenda Item: 10 – Z2016008
Page 9 of 11

h. Development of the site shall be in compliance with all applicable Maricopa
County Air Quality rules and regulations.
i. The following MCESD condition shall apply:
If, in the future, a review finds that the Thunder Ridge water system meets the
criteria as a Public Water System, it must come into compliance as a PWS within
1 year of notification.
j. Prior to any future development, a Floodplain Clearance will need to be
obtained from the Floodplain Management and Services Division of the Flood
Control District as a part of the building permit process.
k. Development and use of the site shall comply with requirements for fire
protection measures as deemed necessary by the Circle City Morristown
Volunteer Fire Department. Prior to issuance of zoning clearance, the applicant
shall seek review and comment from the applicable fire protection agency, and
shall provide written confirmation that the site will be developed in accordance
with their requirements.
l. Prior to zoning clearance, developer(s) and/or builder(s) shall establish
emergency fire protection services, covering all real property contained within
the project area during course of construction and shall obtain a ‘will serve’
letter substantiating coverage from the appropriate Fire Department servicing
the site.
m. The applicant or his successor shall obtain approval of any development plans
from the Office of the Arizona State Fire Marshal prior to any construction.
n. Amendments to the site plan and narrative report shall be processed as a
revised application in accordance with Maricopa County Zoning Ordinance
Article 304.9.
o. Noncompliance with the conditions of approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further,
noncompliance of the conditions of approval may be grounds for the Planning
and Zoning Commission to take action in accordance with Chapter 3
(Conditional Zoning).
p. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation, Drainage Plan Review Division, Planning and Development
Department, or the Flood Control District of Maricopa County may be grounds
for initiating a revocation of this Special Use Permit as set forth in the Maricopa
County Zoning Ordinance.
q. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowners. The granting of this approval is
temporary and allows the property to enjoy uses in excess of those permitted by
the zoning existing on the date of application, subject to conditions and
Agenda Item: 10 – Z2016008
Page 10 of 11

stipulations. In the event of the failure to comply with any condition or stipulation,
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 stipulations, 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.
Presented by: Ray Banker, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Vicinity Map (1 page)
Narrative Report (17 pages)
Reduced Site Plan (3 pages)
Engineering comments (1 page)
MCESD comments (1 page)
MCSO email (1 page)
MCDEM comments (1 page)
City of Surprise Memo (3 pages)
Luke Air Force Base Memo (2 pages)
Luke Air Force Base follow-up email (3 pages)
Federal Aviation Administration Memo (1 page)
ADOT email (1 page)
Opposition Letter (1 page)
Agenda Item: 10 – Z2016008
Page 11 of 11

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Application Name: Thunder Ridge Air Park
Legal Description
TO6N RO3W 033, T6N R03W 33
Applicant Applicant Phone/Email
480 429 3085
DENNIS NEWCOMBE for BEUS GELBERT PLLC DNEWCOMBEPGEUSGILBERTCOM
Z2016008
Case Address Parcel Primary: 503-86-001U
37011 N 237TH Ave
MORRI STOWN AZ 85342 503-88-00111, 503-88-001J, 503-86-001L+
Map scale 1:10,800
Generated July 6, 2016 16:32 PM Gross Acres: 4.85 approx. Aerials Sec-Nov 2014
Supervisor District No.4
AMEND SUP Z20100047 TO CHANGE STIPULATIONS/CONDITIONS OF APPROVAL AND REMOVE
OPZ/RPZ REQUIREMENTS AT THE SOUTH END OF AIRSTRIP
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Application Name: Thunder Ridge Air Park
Legal Description
TO6N R03W 033, T6N RO3W 33
Applicant Applicant Phone/Email
480.429.3065
DENNIS NEWCOMBE for BEUS GILBERT PLLC DNEWCOMBE@GFUSGILBERT.COM Z2016008
Case Address Parcel Primary: 503 -86-001U
37011 N 237TH Ave
MORRISTOWN AZ 85342 503-86-001H, 503-86 001J, 503-66-001 L+
Generated July 6, 2016 16:33 PM Gross Acres: 4.85 approx. Aerials Map scale Sep-Nov 1:14,400 2014
Supervisor District No.4
AMEND SUP Z20100047 TO CHANGE STIPULATIONS/CONDITIONS OF APPROVAL AND REMOVE
OFZ/RPZ REQUIREMENTS AT THE SOUTH END OF AIRSTRIP
WE
Maricopa County Planning & Development - Phoenix, AZ

THUNDER RIDGE AIR PARK
MAJOR SPECIAL USE PERMIT AMENDMENT
PROJECT NARRATIVE
CASE# Z2016008
-
Jo Ranch Rd. Ali nment
, 491,
••I•
• • . o 1114
Submitted: February 8, 2016
Re-Submittal: May 5, 2016
2nd Re-submittal: June 15, 2016
Submitted for the Thunder Ridge Air Park Homeowners
Mit 1-Jy
Beus Gilbert, PLLC
701 N. 44th Street, Phoenix, Arizona 85008
Contact: Dennis M. Newcombe, Planning Consultant
480-429-3065
dnewcombe@beusgilbert.com
ii Page
RECEIVED JUN 1016

Purpose of Request
This is a request for a Major Amendment to the Thunder Ridge Air Park Special
Use Permit ("Major SUP Amendment") originally approved by the Maricopa County
Board of Supervisors in 2011. This amendment will permit modifications to the original
conditions of approval and site plan related to County Case Number Z2010047.
Specifically, the amendment would result in the elimination of the Runway Protection
Zone ("RPZ") and Obstacle Free Zone ("OFZ") on the southern portion of the runway
and modify the following conditions of approval:
Original Stipulation "c": This Special Use Permit shall expire 20 years from the
date of approval by the Board of Supervisors, or upon expiration of the lease to
the applicant, or upon termination of the use, whichever occurs first. All of the
site improvements that are not otherwise deemed as a by-right use shall be
removed within 60 days of such termination or expiration.
Original Stipulation "d": The applicant shall submit a written report outlining the
status of the development at the end of five (5) years and eighteen (18) years
from the date of approval by the Board of Supervisors. The status report shall be
reviewed by staff to determine whether the Special Use Permit remains in
compliance with the approved stipulations.
Original Stipulation "e": The Special Use Permit shall be limited to the use of the
owners and the guests of the 14 lots those lots contiguous to the runway.
New Stipulation cc': "The Special Use Permit (SUP) may be removed by the Board of
Supervisors (BOS) upon termination of the runway use, or upon determination of
noncompliance with the conditions of SUP approval. If the BOS
removes/rescinds/revokes the SUP, all improvements related specifically to the runway
SUP must be removed within 60 days of such termination."
New Stipulation 'd': "A status report shall be required every ten (10) years from the
approval date and/or proposal to expand the number of lots served by the runway or to
modify flight patterns. Luke Air Force Base and the Federal Aviation Administration
must be notified of these changes."
New Stipulation 'e': The Special Use Permit (SUP) shall be limited to the use of the
owners and guests of lots with direct frontage onto the east or west side of the 2,641 ft.
runway as illustrated in condition 'a'."
If approved, the elimination of the RPZ and OFZ will result in a necessary
modification to the approved Thunder Ridge site plan. A proposed site plan modification
is included with this request to illustrate these changes.
21 Pag e

Background
Development of Thunder Ridge Air Park
The Thunder Ridge Air Park was developed as the Sun Valley Air Park in the
mid-1990s by Doug Donaldson and other partners. This air park consisted of the
runway in existence today located within a larger 203 acre area divided into four parcels
adjacent to the runway. Upon Mr. Donaldson's death, the remaining owners sold their
interest in the land to others. As the years passed, the air park was further developed,
but not as a planned subdivision as defined by Maricopa County and the State of
Arizona. Rather, the lots were created over time through legal lots splits resulting in
fourteen lots contiguous to the runway.
Special Use Permit History
The original SUP was approved by the Board of Supervisors on February 7, 1996
via County Case Number Z93-56. In 2002, the owners of the aforementioned fourteen
lots obtained a Modification of a Stipulation (County Case Number Z2000025) to
change the following stipulation:
Stipulation 'h": The Special Use Permit shall be limited to the use of the owners
of the surrounding 203 acres. In the event of further division of the property and
an increase of owners, the Special Use Permit would be subject to review.
Upon approval of Z2000025, Stipulation "h" was replaced by Stipulation "g" as follows:
The Special Use Permit shall be limited to the owners and guests of the 14 lots
contiguous to the runway.
In 2004, the Thunder Ridge homeowners submitted a request at the suggestion
of the Maricopa County Planning and Development staff ("County Planning Staff") for a
Modification of a Stipulation (via County Case Z2004058) to increase the time limit of
the original SUP for an additional 15 years, change the name of the air park from Sun
Valley to Thunder Ridge and to add runway lighting. However, between the time of the
original SUP approval and the above-referenced modification, the Maricopa County
Zoning Ordinance ("Zoning Ordinance") was revised to include additional requirements
with regard to safe zones at the end of private runways. This revision, Chapter 11,
Article 111.3 became effective on September 7, 2001, and required that no portion of a
building or structure could be located within an OFZ, defined as an area 60' wide along
each side of the edge of a runway of an existing or proposed runway or land landing
strip and 250' wide centered along the runway centerline at a distance of 200' from the
end(s) of a runway where takeoff and landing is either executed or proposed. This
Article also required a RPZ, an area 200' beyond the end of an existing or proposed
runway centered along the projected runway centerline 1,000' long with a width of 250'
3 1 Page

on the end closest to the runway and 450' on the end furthest from the end of the
runway.
At the time of the 2004 request, the property owners had not yet secured the
RPZ and OFZ for either end of the runway and as such, County Planning Staff
recommended denial of the request and the Maricopa County Planning and Zoning
Commission voted 6-0 for an indefinite continuance to allow the property owners more
time to secure the required RPZ and OFZ.
While the original SUP was still in effect, the Thunder Ridge homeowners began
to work with adjacent property owners to secure the required RPZ and OFZ on each
end of the runway. After much negotiation. the Thunder Ridge homeowners and the
owners of the property on the northern end of the runway, Maughan Revocable Trust,
entered into a Grant of Easement agreement, creating an RFZ and OFZ in this location.
The Grant of Easement is attached hereto as Exhibit A.
Negotiations with the property owner on the southern end of the runway, Jacoba
H. Nobel-Frima, did not result in securing an RPZ or OFZ in that location. As such, and
at the direction of the County Planning Staff, the Thunder Ridge homeowners filed a
variance (BA2007112) in order to seek relief from the RPZ and OFZ requirement. At
the variance hearing before the Maricopa County Board of Adjustment, the Thunder
Ridge homeowners were informed that relief of the RPZ and OFZ requirement could
only be granted by the Maricopa County Board of Supervisors.
In 2010, the Thunder Ridge homeowners filed a request for a new SUP
(Z2010047) to change the name of the runway to Thunder Ridge, add runway lighting,
and establish the required RPZ and OFZ entirely on parcels owned by the Thunder
Ridge homeowners on the southern portion of the runway, thus eliminating the need to
secure an RPZ and OFZ over the property to the south. This request was approved by
the Maricopa County Board of Supervisors in 2011.
Air Park Description and Operations
Thunder Ridge homeowners include a variety of professional and experienced
pilots and their families who were drawn to this property due to its remote beauty and
their ability to engage in their life passion of flying airplanes. The type of aircraft flown
at the air park include the Cessna, Piper and Cirrus varieties with a seating capacity of
two to six seats with some small experimental planes flown for recreation.
The parcels range in size from 5 to 32 acres with 15 parcels adjacent to the
runway. Nine of these parcels include attractive custom homes with detached plane
hangars designed and constructed harmoniously with the primary residence of each
parcel. As planes enter on to the runway, they land and then taxi to the pilot's
residence adjacent to the runway. The parcels behind the 15 do not have direct access
to the runway.
4P age

In addition to the unique circumstances of the flood zone, the homeowners and
HOA have been impacted by these zones. Homeowners and pilots use can often be
restricted due to the current placement of the shortened threshold on runway 35 landing
north, wind direction and temperature dictate the landing distance of all aircraft.
Resident or guest piloted aircraft may not be able to land in the shortened usable
distance the RPZ/OFZ create. In this situation the pilot would be required to divert to
land at an airport with a longer north heading runway. This would require the pilot to
have ground transportation to his or her home at Thunder Ridge Airpark and also
relocate the aircraft back to the Airpark at a later date under more favorable conditions.
This inconvenience is time consuming and costly, which defeats the purpose of a
private airpark for the homeowners.
Furthermore, the RPZ/OFZ restriction has also created an appearance problem
to the future and current property owners. When current Thunder Ridge Airpark
homeowners have advertised their homes for sale, potential pilot buyers recognize the
north runway landing issue, causing loss of interest.
The Federal Aviation Administration upon review has provided a revalidation of a
private use airport which found no objection to the continued use of A728 as a privately
owned and operated airpark. The FAA will require an updated Airport Master Record for
any future proposed physical changes to the runway, ownership, or use of the facility.
Justification for Major SUP Amendment
We are also requesting the modification of Stipulations "c", "d", and "e"
(Z2010047) due to the fact that this is an existing, longstanding runway with homes built
adjacent to it. There have been no issues with the use of this runway over the years
and the homeowners plan to continue its use for themselves and future generations.
There are no changes to the runway planned from how it exists today. Eliminating the
expiration of the SUP, while updating the SUP Status Reports every 10 years, will
enable the Thunder Ridge homeowners to continue the use and enjoyment of the
runway for years to come without the expense and time associated with amending the
existing SUP or applying for a new one upon its expiration.
The justification for the elimination of the RPZ and OFZ at the southern end of
the runway is due to the fact that the Trilby Wash, which runs primarily in a north-south
direction, has a significant bend just south of the southern end of the runway and aligns
with the airstrip. Therefore, due to the existence of the Trilby Wash and the presence of
both floodway and floodplain zones south of the runway, development on the property
immediately south of the runway is already severely impacted and limited by this wash
feature which creates a zone of no significant building. The development options in the
AE zoning category allows for development that is unimpeded by the flow of flood
waters and requires a floodplain use permit and elevation of structures creating a
significant hardship on development options. The development options of relocating
5 1 Page

regulatory floodways and floodplains through the Conditional Letter of Map Revision
(CLOMR) and Letter of Map Revision (LOMR) process is an extremely timely and
expensive process, if at all feasible.
In addition, this is an existing longstanding airstrip that has been in operation
since 1996. Finally, the Maricopa County Zoning Ordinance was amended in 2001 to
include additional requirements regarding development near runways and landing
strips, which creates an undue burden on this existing airstrip; especially with the
existing topographical conditions already in place. Thus, due to the advantageous
topographical hardship that exists (i.e. Trilby Wash floodway and floodplain zones) and
the fact the development/airstrip has been in place for many years, the elimination of
the RPZ and OFZ will have no impact or detrimental effect on the abutting southern
property owner's developable rights. It should be noted, we have attempted to obtain
an easement from this property owner, as we had done on the north, with no success.
In summation, the Trilby Wash creates a "no build" zone meeting the spirit and intent of
the OFZ/RPZ's creation by the County in 2001.
Elimination of the RFZ/OFZ
The alignment of the run way was originally designed with the Trilby Wash in
mind when the Thunder Ridge Air Park was developed in the 1990s. This wash runs
primarily in a north-south direction, with a significant but natural bend starting just south
of the northern end of the runway, heading east around the back of the lots on the east
side of the runway, until it winds west back toward the centerline of the runway on its
southern end as depicted on the aerial photograph attached hereto as Exhibit B. The
size and capacity of the wash in terms of the quantity of water it manages creates a
natural no-build zone on both the northern and southern end of the runway. This is
particularly true of the southern end of the runway as evidenced by Exhibit C and the
detail shown on the following page.
6IPage

Figure 1: Detail of Flood Map at the Southern End of the Runway
The area shown in red on Figure 1 above and on Exhibits B and C represent
Flood Zone FVV, a floodway, which is defined on Maricopa County Flood Control District
Maps as the channel of a stream plus any adjacent floodplain areas that must be kept
free of encroachment so that the 1% annual chance of a flood can be carried without
substantial increases in flood heights. The area shown in blue denotes Flood Zone AE
defined as areas subject to inundation by the 1% annual chance flood event determined
by detailed methods. Base flood elevations are shown in these areas and mandatory
flood insurance purchase requirements and floodplain management standards apply.
Given these flood zone designations, which essentially prohibit or at best, significantly
limit development opportunity in this area, along with the fact that the runway has been
in existence since 1996 with overflights over this area with no negative impact, the
Thunder Ridge homeowners request the elimination of the existing RPZ and OFZ.
The Thunder Ridge homeowners also request the modification of Stipulations "c",
"d", and "e" due to the fact that this is an existing, longstanding runway with homes built
adjacent to it. There have been no issues with the use of this runway over the years
and the homeowners plan to continue its use for themselves and future generations.
There are no changes to the runway planned from how it exists today. Eliminating the
expiration of the SUP, while updating the SUP Status Reports every 10 years, will
enable the Thunder Ridge homeowners to continue the use and enjoyment of the
runway for years to come without the expense and time associated with amending the
existing SUP or applying for a new one upon its expiration.
7 1 Page

Relationship to Surrounding Properties
The surrounding area consists mostly of vacant desert land with a handful of
existing residences other than those within the airpark itself. One home is located
approximately 1,700' to the north of the northern end of the runway. Two additional
residences are located 1,500' west of the western most homes within the airpark. There
are no other homes located within the vicinity. The community of Circle City is located
on the south side of the US-60, approximately 1,900' from the southern end of the
runway measured to the southwest. The town of Morristown is located approximately
five miles to the northwest.
Location and Accessibility
Thunder Ridge Air Park is located approximately two miles south of Highway 74
on the west side of 235 th Avenue. At this intersection, the entrance to the property is
located approximately 1,430' west of 235 th Avenue via the Joy Ranch Road alignment.
Neither 235th Avenue nor Joy Ranch Road are improved roads.
I 81 Page

Circulation System
Vehicles visiting the residences within the air park must stop at a stop sign
located at the northern end of the runway, along the Joy Ranch Road alignment. At this
point, vehicles are instructed to carefully monitor the sky and they will be using the
runway itself to access the residences adjacent to the runway. Planes landing on to
runway taxi onto driveways intersecting the runway and are located at each residence
to an established hangar. There is no other point of ingress or egress for plan or
vehicles other than described here.
Development Schedule
There are no changes proposed to the runway and thus no new development
schedule.
Community Facilities and Services
Given the remote location of Thunder Ridge, there are no community facilities or
services within the immediate area. Such services are mostly obtained in Morristown or
Wickenburg.
Public Utilities and Services
Electricity for the area is served by Arizona Public Service ("APS"). Water is
provided via a private well within the Thunder Ridge Air Park. Gas for the properties is
obtained by propane tanks. Telephone service is provided by Qwest. Refuse is
collected by Sickles Sanitation and there is no recycling services. Homeowners
currently drive their recycled materials into Morristown. Finally, fire protection service is
provided by the Circle City Volunteer Fire Department and police protective services are
provided by the Maricopa County Sherriff's Department.
91Page

EXHIBIT A
Grant of Easement
10IPage

When recorded send to: OFFICIAL RECORDS OF
MAR1COPA COUNTY RECORDER
Arizona Planning Solutions HELEN PURCELL
940 W. Fairway Drive 2009-0502042 06/03/09 11:20 AM
Mesa, AZ 85201 1 OF 1
1-10VP
GRANT OF EASEMENT
The sole purpose of recording this document again is for the addition of "Exhibits A-C" as described in the body of the text
RECITALS:
A. Maughan Investments Revocable Trust 2007 (herein referred to as "Maughan"),
an Arizona corporation, owns approximately 160 acres of land located at the
northwest corner of 235 th Avenue and Joy Ranch Road (see attached "Exhibit
B. A"). Thunder Ridge Airpark Homeowner's Association (herein referred to as the
"Association"), an Arizona non-profit corporation, operates a residential airpark
with a private runway (also referred to as "airstrip") for the benefit of its
members Who own approximately 160 acres of land located at the southwest
corner of 235th Avenue and Joy Ranch Road (see attached "Exhibit A").
C. - The Association desires an easement for an Obstacle Free Zone (herein referred
to as "OFZ") and a Runway Protection Zone (herein referred to as 4RPZ"), per
Maricopa County Zoning Ordinance requirement 1:111.3 (see attached "Exhibit
D. Maughan B.") is willing to grant the required easements subject to the terms and
conditions of this Grant of Easement.
AGREEMENT:
A. Maughan, on behalf of itself, its heirs, administrators, executors, successors and
assigns, hereby grants to the Association and its members and their heirs,
administrators, executors, successors and assigns, a permanent OFZ and RPZ
over that portion of the Maughan property described as follows:
1. OFZ: Generally described in the Maricopa County Zoning Ordinance
Article 1111.3 as that area of a runway of an existing or proposed landing
strip and 250' wide centered along the projected runway center line a
distance of 200' from the end or ends of an existing runway or landing
Cr) strip where takeoff and landing is either executed or proposed (see
C=3 attached Exhibit "C").
Cr) 2. RPZ: Generally described in the Maricopa County Zoning Ordinance
Article 1111.3 as a trapezoidal area which is 200' beyond the ends of the
runway and centered along the projected runway centerline. The RPZ

shall be 1,000 feet long with the width of the RPZ closest to the end of the
runway being 250' and the width of the RPZ furthest from the end of the
=way being 450' (see attached Exhibit "C").
3. lvlaughan agrees to grant easements to the Association and its members for
the OFZ and RPZ which includes restrictions described within Maricopa
County Zoning Ordinance Article 1111.3 against any buildings or
structures within the OFZ and that no building or structure will be erected
within the RPZ that would exceed a height that would interfere with the
takeoff or landing of a plane with a glide angle of 1 for every 20' feet
horizontal.
B. Grant of Easement: Maughan agrees to grant the OFZ and ltPZ easement for no
monetary consideration; however, Maughan may request the ability to use the
Association's runway in the future for their use. Maughan agrees that prior to
accessing the runway, a separate agreement must be reached between Maughan
and the Association with regard to access, the cost and timing associated with
extending the runway, membership into the Association, and if required, an
amendment to the existing Special Use Permit or future extensions County for any
extension of the current runway subject to approval by the Maricopa
Board of Supervisors.
C. Abandonment of Airstrip: If the Association and its members cease to operate as •
an airstrip serving the Association and its members for a period of one year for
reasons other than permitted non-operation periods, the owner of the land subject
to the OFZ and RPZ easements granted herein may give written notice 30 days, to the the
Association and if operations as an airstrip do not commence within Permitted. non-
OFZ and RPZ easements shall expire at the end of the 30' 11 day.
operation periods are described as any periods of time during which the cessation
of the airstrip due to moratoriums imposed by governmental authorities clue authorities, to non-
interruptions of the airstrip imposed by governmental applicable zoning ordinance or the
compliance to with the airstrip the requirements so long as of the the Association and its members are doing
renovation everything necessary to satisfy the requirements of the non-operation period.
D. Covenant Rtirming with the Land: The OFZ and RPZ easements granted herein
shall run with the land and shall be binding upon and inure to the benefit of the
parties as specified and all subsequent owners of any portions of the property
described herein.

• IN WITNESS WHEREOF, this Agreement is executed as of thi 1 5-1 day of April,
2009.
Maugharr Revocable_Trt 2007
By:
Name:
Title: Trustee
Thunder Ridge Airpark Homeowners
Association, an Arizona non-profit
corporatio?
By: .47 /7
Ni . „ rn ct
Title: Pr-Ls ,,L44.44.- •f-taA.L)

EXHIBIT B
Aerial and Flood Map
11IPage

The Flood Control District of Maritopa Count y (FCDMC) Unotticid Document
This document cannot be used for floodplain determinations. Current studies, erosion setbacks and other factors may also afect the tloodplain status of the properl y.
Tha Information chemn for ram-lino 1Innfloleine era !he heel lei-holm! Information avallahla at thin lime to determine the one narcent chance lood and are subiect to choose.
Current FEMA Flood Zones Current Pending Flood Zones
i n :iii 171 1:11 7---JO. 171 1301:101ZIOCIDOODE:3e2
ei .4\+.('14 <-.‘4 o <c kCI ItrW
<(‘)‘(‘
0 200 400 800 Date: 11/02/2015 Floodplain Management & Services
• Feet 2801 West Durango street
Time: 5:30:49 PM Phoenix, Anions 858
1 inch = 400 feet User: fedorkar Phone: (602) 5(6-2419
Fax: (602) 372-5232
http://www.tod.maricepagov/FLoadpleinilloodplain.aspx

EXHIBIT C
Detail — Aerial and Flood Map
12 i Page

Floodpia in Viewer
IL_11 — County
Not within 100-Year Floodplain
1:5,760 1 inch = 480 feet
A AO AE Floodway AH 0 0.025 0.05 0,1 ml
Unofficial Document
Flood Control District of Maricopa County This document cannot be used for floodplaIn determinations. Current studies, erosion setbacks
(602) 506-2419 and other factors may also affect the floodplain status of the property. The information shown
2801 W Durango St for inclIng floodplains are the best technical Information available at this time to determine the
Phoenix, AZ 85009 http://www.fcd.maricopagov 1% chance flood and are subject to change.

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09.10.16 09.15.15 09.22.15 01.06.16 Z2016008 Ridge
DATE: DATE: DATE: DATE: 0326.16 # SUP
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Maricopa County
Planning & Development Department
Engineering Plan Review
Date: March 10, 2016
Robert Pedorka, P.E.
Planning 501 North & 44th Development Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning &
Phoenix, Aiizona 85008 Development
Phone: (602) 506-7151
Fax: (602) 506-8762
Email www,maricopa.gov/plannine address: Attn: Raymond Banker, Planner, Planning & Development Services
RoberFedorka2mail.rnaricopa.qov
From: Robert Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc: Michael Norris, P.E., Drainage Engineering Manager, Planning &
Development
Subject: Z2016008 — Major SUP Amendment - Thunder Ridge Air Park
(El Memo)
Job Site Address: South of Joy Ranch Road on the 237th Avenue Alignment
APN(s): 503-86-933 (plus several others)
I have reviewed the subject application date stamped February 08, 2016. The application
does not involve any land disturbance. Engineering Plan Review (DPR, FCDMC and
MCDOT) has no objections to the application.
It is noted that although the area south of the runway contains large areas of floodways
and floodpIains, development is not entirely restricted. There is a significant area south of
the runway that is suitable for development, provided the necessary building and
floodplain use permits are obtained from the County. Downstream property owners also
have the option of relocating regulatory floodways and floodplains through the
Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR)
process.
Approval of this case should include the following stipulations:
1. 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. Engineering review of planning and/or zoning cases is for conceptual design only and
does not represent final design approval nor shall it entitle applicants to future
designs that are not in conformance with Section 1205 of the Maricopa County
Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for
Maricopa County; and the MCDOT Roadway Design Manual.
Please contact me if you have any questions or require any additional information.

Maficopa County
Environmental Services Department
Water and Waste Management Division
Subdivision Infrastructure & DATE: February 18, 2016
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004 TO: Raymond Banker, Planning & Development Dept.
Phone: (602) 506-1058
Fax: (602) 506-5813 Planner
TDD 602 506 6704
FROM: Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT: Thunder Ridge Air Park Special Use Permit Amendment; Z2016008
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project requests a new Special
Use Permit to replace the existing SUP Z93-56 and allow for another 20 years. The
site was originally constructed in the mid 1990's. Currently, there are 14 lots
contiguous with the airstrip. The overall Air Park is located on 203 acre parcel.
During a previous submittal for a stipulation modification in 2007 & 2010, it was
implied that the individual homes had their own water wells and septic systems.
This submittal suggests that the homes are on a common well which may meet the
criteria of a Public Water System. These criteria are 15 service connections or
serving 25 or more people for any 60 days in a year. Additional information must be
submitted describing the existing water supply for the homes.
The water well agreement signed by all 14 lot owners was provided to MCESD for
review. Based on the number of lots, this system does not appear to currently meet
the criterion as a public water system.
Based on the above, MCESD raised no concerns to the Planning & Development
Department in Accela on February 18, 2016 and can allow the project to proceed at
this time subject to the following stipulations:
Stipulations:
If, in the future, a review finds that the Thunder Ridge water system
meets the criteria as a Public Water System, it must come into compliance
as a PWS within 1 year of notification.
It should be noted that several other Maricopa County agencies must review and
recommend approval of this project. Final approval authority rests with the
Maricopa County Board of Supervisors.

Raymond Banker - PLANDEVX
From: Ian Thompson - SHERIFFX
Sent: Thursday, March 10, 2016 8:16 AM
To: Raymond Banker - PLANDEVX
Subject: RE: New Case: Z2016008 Thunder Ridge Air Park (Major Amendment to SUP)
Follow Up Flag: Follow up
Flag Status: Flagged
Raymond: I have reviewed the SUP application and the Sheriff's Office has no comments regarding the proposed
elimination of slips at the south end of the airstrip.
Thanks,
Ian
The information contained in this e-mail and any files transmitted with it are confidential and/or privileged, and are intended solely for the use of the recipients listed
above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the transmitted information is strictly
prohibited. If you received this transmission in error, please immediately notify the sender and delete and destroy all copies and attachments.
From: Raymond Banker - PLANDEVX
Sent: Wednesday, March 09, 2016 4:16 PM
Subject: New Case: Z2016008 Thunder Ridge Air Park (Major Amendment to SUP)
Good afternoon,
You are receiving this email as the above mentioned case (Z2016008) is in an area which you are considered an "Area of
Interest". Attached are documents relating to the subject case. Please let me know if you if have any questions.
Sincerely,
Ray Banker
Planner
Maricopa County
Planning and Development Department
501 N. 44th St, Suite 200
Phoenix, AZ 85008
Office: (602) 506-2364
Email: RaymondBanker@mail.maricopa.gov

Maricopa County
Depattment of Emergency Management
DATE: March 10, 2016
5630 East McDowell Road TO: Ray Banker
Phoenix, Arizona. 85008-3403
Phone: Fax: (602) (602) 2751638 273-1411 FROM: Julie Syrmopoulos, Operations Mana
TT: (602) 244-1638 RE: Thunder Ridge Airpark
The Maricopa County Department of Emergency Management has no
comments relating to the proposed amendment of the Special Use Permit to
eliminate stipulations and the Runway Protection Zone (RPZ) and Obstacle
Free Zone (OFZ) at the south end of the airstrip.
Thank you for the opportunity to review this development proposal. If you
have any questions please contact me at (602) 273-1411.
JS

Community Development Department
•- Current Planning Division
SURPRISE 16000 N Civic Center Plaza
Surprise, AZ 85374
Ph 623-222-3000
Fax 623-222-3002
TTY 623-222-1002
March 25, 2016
Ray Banker, Planner
Maricopa County Planning and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008-6526
Re: Thunder Ridge Airpark, Maricopa County Case # Z2016008 (Surprise Case #
PS16-099)
Dear Mr. Banker,
Thank you for the opportunity to comment on the proposed Modification of Stipulations
for Thunder Ridge Airpark. Based on the information provided, the applicant seeks a
Major Amendment to the Special Use Permit for Thunder Ridge Airpark for the
purposes of:
1) Removing the Accident Potential Zone (APZ) and Obstacle Free Zone (OFZ)
from the southern end of the airstrip;
2) Deleting stipulation 'c' of Z2010047 which sets a SUP term of 20 years or
termination of use, whichever occurs first, in addition to causing the removal of
SUP-related improvements upon termination;
3) Deleting stipulation "c" of Z2010047 regarding the timing and frequency of Status
Reports; and
4) Modifying stipulation "d" of Z2010047 regarding the number and proximity of lots
that may utilize the airstrip.
The City of Surprise objects to each of these requests as explained below.
Page 1 of 3

Removal of the OFZ and APZ:
The applicant states the rationale for the removal of the OFZ and APZ is due to the
proximity of a wash at the southern end of the airstrip, which precludes the development
of the neighboring site making the OFZ and APZ unnecessary; however, the proximity
of the wash only becomes relevant if the southern runway threshold is shifted to the
south, which does not appear to be the case, based on the materials provided to the city
for review. If, however, the intent is to also shift the threshold for Runway 35 to the
south, this will effectively lengthen the runway, potentially accommodating larger aircraft
than might be experienced with a shorter runway. These larger aircraft may generate
more noise than those requiring a shorter runway, thereby affecting the livability of the
community at large, including any future residents who may reside in the Broadstone
Ranch area once developed. Further, the increased speed of these larger aircraft may
cause the aircraft to penetrate the airspace around Luke Air Force Base Auxiliary Field
#1, which would be in direct conflict with the stated goals of the Surprise General Plan
regarding the protection of the mission of Luke Air Force Base.
To be clear, if the OFZ and the APZ are removed, the City of Surprise wishes that the
southern threshold for Runway 35 remain in its current location approximately 1,260
feet north of the southern edge of pavement so as to limit the size of aircraft using the
facility.
Deletion of Stipulation "c" regarding the term of the SUP:
The applicant seeks the removal of stipulation "c"; however, to do so would effectively
create a permanent entitlement. While the City respects the investments made by the
property owners who use the airstrip, Special Use Permits are by nature temporal,
thereby allowing the use to be evaluated over time to ensure continued compatibility
with the surrounding area. As this land is within the City's planning area, and could
affect the pattern of growth in the area, the city wishes to retain the ability to either
conduct or participate in such an evaluation in the future.
Deletion of Stipulation "d" regarding the frequency and timing of status reports:
The current stipulation requires the submittal of a Status Report at the end of the 5 th and
18th year from the date of approval of the Special Use Permit. If stipulation "c" is
removed, the Status Report becomes irrelevant; however, since the City of Surprise
objects to the removal of the SUP term, the City requests the Status Report requirement
remain intact as written in order to fulfil its original intent, which is to ensure continued
compliance with the requirements of the SUP.
Page 2 of 3

Modification of Stipulation "e" regarding the number and proximity of lots
allowed access to the airstrip:
The purpose of this stipulation was presumably to limit the number of aircraft to those
belonging to the residents and guests residing on property immediately adjacent to the
airstrip. To remove this language could have the effect of making the airstrip available
to any number of properties through the creation of any number of flag lots, each
potentially having frontage onto to the runway, which could create an unbearable
number of aircraft utilizing the facility. It would seem reasonable, however, to raise the
number of lots allowed to access the airstrip from 14 to 16 (eight on each side).
Luke AFB discussion:
Since the routing sheet provided by the County did not include Luke Air Force Base, the
City took the liberty of routing these materials to the base. Initial conversations with
base officials indicate similar concerns regarding the penetration of Aux. 1 airspace.
The City, therefore, recommends that you contact the base in order to obtain their input
directly.
Conclusion:
The requested amendment to the Thunder Ridge Airpark as proposed will create an
environment for an unlimited number of light aircraft operating and using the strip for an
indefinite period of time with no provisions or opportunities to evaluate the
appropriateness of the use over time, while impairing the city's stated intent to protect
the mission of Luke Air Force Base. The city finds this objectionable.
Respectfully,
Robert H. Kuhfuss, ACIP
City of Surprise
Community Development Department
cc: Lloyd Abrams, City of Surprise Planning Manager
Page 3 of 3

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
24 March 2016
Mr. James R. Mitchell
Director, Community Initiatives Team
56th Fighter Wing
14185W. Falcon Street
Luke AFB AZ 85309-1629
Mr. Ray Banker
Maricopa County Planning & Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008-6526
RE: Z20126008, Thunder Ridge Air Park
Dear Mr. Banker
Thank you for the opportunity to comment on the Thunder Ridge Air Park (Major
Amendment to SUP). The Thunder Ridge Air Park is on 4.5 acres and located approximately
two miles south of Highway 74 on the west side of 235th Avenue. The property is located six
miles outside the Luke AFB Auxiliary Field One 2004 JLIJS, 65 Ldn, "high noise or accident
potential zone," as identified by A.R.S. § 28-8461, and is within the "territory in the vicinity of a
military airport," also defined by A.R.S. § 28-8461.
The request and rationale, as set forth in the Project Narrative, which we have been
requested to comment on is to:
1. Remove the 2001 obstacle free zone (ofz) and the runway protection zone (rpz) requirement
at the southern end of a longstanding private airstrip. This requirement is not applicable due to
existing topographical hardships -Trilby Wash floodway/flood zone, and due to the airstrip being
in existence prior to 2001 (i.e., 1996; case: z93-56).
2. Modify/eliminate stipulations from previous approval (ease: z2010-047) which are no longer
applicable:
a. Delete Original Stipulation "c". This Special Use Permit shall expire 20 years from
the date of approval by the Board of Supervisors, or upon expiration of the lease to
the applicant, or upon termination of the use, whichever occurs first. All of the site
improvements that are not otherwise deemed as a by-right use shall be removed
within 60 days of such termination or expiration.

b. Delete Original Stipulation "d": The applicant shall submit a written report outlining
the status of the development at the end of five (5) years and eighteen (18) years from
the date of approval by the Board of Supervisors. The status report shall be reviewed
by staff to determine whether the Special Use Permit remains in compliance with the
approved stipulations.
c. Modify Original Stipulation "e": Delete ..."the 14 lots." The Special Use Permit
shall be limited to the use of the owners and the guest of the 14 lots those lots
contiguous to the runway.
Removal of the 2001 ofz and the rpz requirement at the southern end of the air park will
not negatively impact the flying operations at Luke AFB.
However, Luke AFB has concern with the request to delete original stipulation "c" and
"d" and modification of original stipulation "e". These actions would remove the monitoring
requirement and monitoring protection currently established, and would open access for flying to
an additional and undetermined amount of individuals. Without the limitation to the owners and
guests of the 14 lots, we have significant concern about the unmanaged growth at the Thunder
Ridge Air Park. Due to the proximity to Aux 1, having no requirement to renew the SUP or
evaluation of its use and the deletion of, "the 14" lots, could possibly cause unencumbered
growth and/or increase flight operations which would not be favorable for safe flight operations
and the training mission at Luke AFB.
Since the site will be located within the "territory in the vicinity of a military airport," it
will be subjected to noise from approximately 165 flights per day. Thunder Ridge pilots
requesting to utilize this landing strip must be extremely aware as they arrive and depart the air
field to ensure they visually de-conflict with our student flight training. Should the average
number of landings exceed what is happening today, we need to have the opportunity to provide
additional comments.
If you have any questions, please contact my Community Planner, Barbara Plante, at
(623) 856-9981.
cc:
Colonel David G. Shoemaker, Vice Commander, 56th Fighter Wing
Ms. Cindy L. Calderon, GS-13, General and Environmental Law Attorney, 56th Fighter Wing

Raymond Banker - PLANDEVX
From: PLANTE, BARBARA S GS-12 USAF AETC 56 FW/CIT <barbara.plante@us.af.mil >
Sent: Tuesday, July 12, 2016 2:18 PM
To: dnewcombe@beusgilbert.com
Cc: Raymond Banker - PLAN DEVX
Subject: RE: Voice Message re: Letter received - SUP 2016008
Follow Up Flag: Follow up
Flag Status: Flagged
Mr. Newcomb,
Thank you for the e-mail. We have reviewed the changes below to the SUP
Amendment Case Z2016008, Thunder Ridge Air Park and agree that they are
acceptable and will not negatively impact the flying operations at Luke AFB.
If you have any questions or concerns please let me know.
v/r
Barbara
//S IG N ED//
BARBARA S. PLANTE, GS-12, DAFC
56th Fighter Wing
Deputy Director, Community Initiatives Team
14185 W. Falcon Street
Luke AFB AZ 85309-1629
Phone: 623 856-9981
Original Message
From: Dennis Newcombe [mailto:dnewcombe@beusgilbert.com]
Sent: Friday, July 08, 2016 2:33 PM
To: MITCHELL, JAMES R GS-14 USAF AETC 56 FW/CIT <james.mitche11.1Pus.af.mil>
Subject: Voice Message re: Letter received - SUP 2016008
James,
I hope you are doing well and had a great 4th of July weekend. I left you
voice message today and I also tried contacting Barbara Plante, but she is
out of the office/Country. So I thought I would email you too in regards to
1

my message and your letter the County received dated March 24th regarding
our SUP amendment case (2016008).
We have been working diligently with the County Staff and have discussed
with them possible stipulations to address the concerns expressed in your
letter, we have agreed to the following modified stipulations to address
those concerns. They are:
New condition 'c': "The Special Use Permit (SUP) may be removed by the
Board of Supervisors (BOS) upon termination of the runway use, or upon
determination of noncompliance with the conditions of SUP approval. If the
BOS removes/rescinds/revokes the SUP, all improvements related specifically
to the runway SUP must be removed within 60 days of such termination."
New condition 'd': "A status report shall be required every ten (10)
years from the approval date and/or proposal to expand the number of lots
served by the runway or to modify flight patterns. Luke Air Force Base and
the Federal Aviation Administration must be notified of these changes."
New condition 'e': "The Special Use Permit (SUP) shall be limited to the
use of the owners and guests of lots with direct frontage onto the east or
west side of the 2,641 ft. runway as illustrated in condition 'a'."
We hope the above are acceptable. Please let me know.
Thank you for your service to the Country and your time regarding this
matter - it is greatly appreciated.
Dennis M. Newcombe
Planning Consultant

BEUS GILBERT PLLC
701 North 44th Street I Phoenix, AZ 85008
Direct: 480.429.3065 I Main: 480.429.3000 I Fax: 480.429.3100
Email: dnewcombe@beusgilbert.com <mailto:dnewcombe@beusgilbert.com >
This message may contain confidential and privileged information. If it has
been sent to you in error, please reply to advise the sender of the error
and then immediately delete this message.
This Beus Gilbert e-mail message, and any attachment hereto, is intended
only for use by the addressee(s) named herein and may contain legally
privileged and/or confidential information. If you are not the intended
recipient(s), or the employee or agent responsible for delivery of this
message to the intended recipient(s), you are hereby notified that any use,
dissemination, distribution or copying of this e-mail message, and/or any
attachment hereto, is strictly prohibited. If you have received this e-mail
in error, please immediately notify the sender and permanently delete the
original and any copy of this message, its attachments, and any printout
thereof. Thank you.

U.S. Department VVestem-Pacific Region 3800 N. Central Avenue
of Transportation Airports Division Suite 1025, 10th Floor
Federal Aviation Phoenix Airports District Office Phoenix, AZ 85012
Administration
March 28, 2016
Dennis Newcombe
Beus Gilbert PLLC
701 N 44th St
Phoenix, AZ 85008
Dear Mr. Newcombe:
Thunder Ridge Airpark
Private Use Airport - Revalidation
The Federal Aviation Administration has reviewed your request for the continued operation of
the Thunder Ridge Airpark (AZ28). Upon review we find no objection to the continued use of
AZ28 as a privately owned and operated airpark. If at any time AZ28 wishes to propose any
physical changes to the runway, ownership, or use of the facility, please submit an updated
Airport Master Record (Form 5010-1) to this office detailing the revisions.
Sincerely,
Kyler Erhard
Community Planner
RECEIVED MAR 2 6 2016

Page 1 of 1
From: Bob Patoni
Sent: Friday, March 04, 2016 1:32 PM
To: 'dnewcombe@beusgilbert.com '
Subject: Z2016008, Thunder Ridge Air Park
RE: Z2016008
Thunder Ridge Air Park runway
SUP Amendment
Attention: Dennis Newcombe,
Thank you for the notice of SUP Amendment for the above-described development
After review, we have determined that the amendment for the development will have no impact upon area
highway facilities.
Thank you for the opportunity to review and comment.
Bob Patoni, SR/WA
Right of Way Project Coordinator
205 S. 17th Ave. MD: 612E
Phoenix, AZ 85007
602-712-6126
WWW.AZDOT.GOV
f11P' 11/C*/1TCP.rs/RankerRIAnnnata/Local/Microsoft/Windows/Temporarv%20Internet%20... 07/06/2016

Sam Coppersmith
COPPERS mITH scoppersmith@cblawyers.com
(602) 381-5461
FAx (602) 224-6020
BROCKEL mAN
2800 N. Central Ave., Suite 1200
LAWYERS Phoenix, AZ 85004-1009
CBLAWYERS.COM
May 18, 2016
Via email raymondbanker@mail.marieopa.gov and mail
Mr. Raymond Banker
Maricopa County Planning and Development Department
501 N. 44th Street, Suite 200
Phoenix, AZ 85008
Re: Case Z2016008 (Thunder Ridge Air Park ZC Major Amendment)
Dear Mr. Banker:
On behalf of Jacoba H. Nobel-Frima, who owns Maricopa County Assessor parcel nos.
503-86-009C and 503-86-009E, this letter is a formal letter of opposition to the case, submitted
as a legal protest for the purposes of requiring a three-fourths vote on the proposed major
amendment to the special use permit for Thunder Ridge Air Park, Case No. Z2016008. In
particular, Ms. Nobel-Frima strongly objects to deletion of the Runway Protection Zone (RPZ)
and Obstacle Free Zone (OFZ) on the southern portion of the runway, which would restrict use
of her property, without compensation, for the benefit of the Air Park.
Ms. Nobel-Frima also objects to deletion of stipulation c, the time limit, and stipulation d,
the written status reports, as review and oversight is needed in case future developments in the
area warrant review of or changes to the SUP. Ms. Nobel-Frima also objects to the requested
modification to stipulation e, but understands that staff has requested, and the applicant has
agreed, to limit the use to no more than 16 lots contiguous to the runway. If the increase is
limited to 2 lots, Ms. Nobel-Frima does not oppose that modification.
Please let me know if you have any questions or need any additional information.
Very truly yours,
CM4\?erei
Samuel G. Coppersmith
cc: Steven Bienstock, Esq.
(00224648.2 )