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December 7, 2022 Z2022141 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: December 7, 2022 Case #/Title: Z2022141 – Cowboy Mounted Shooting Training with Half Loads Supervisor District: 5 Applicant/Owner: Carrie Hirshberg Request: Special Use Permit (SUP) for Cowboy Mounted Shooting Training with Half Loads Site Location: Approx. 636 ft. south from the SWC of Weldon Ave. & 359th Ave. in the Tonopah area. Site Size: Approximately 4.71 acres County Island Status: N/A Additional Comments: There are no outstanding concerns from reviewing agencies. The applicant is seeking a special use permit (SUP) to engage in training horses for the sanctioned sport of Cowboy Mounted Shooting utilizing half loads ammunition type, a quieter alternative to full load ammunition. The site is currently zoned Rural-43, but the Maricopa County Zoning Ordinance (MCZO) does state that “recreational open-air facilities” may be permitted as a Special Use in any zoning district. MCZO would categorize Mounted Cowboy Shooting as an activity used recreationally in an open-air facility. At the Commission hearing, the topic of suggested hours when shooting can occur was mentioned, however the Commission decided to allow the Board of Supervisors (BOS) make this determination. Staff also provides to the BOS in this report additional letters of opposition and support along with a rebuttal by the applicant’s neighbor, Shaun Holly, received by staff since the publishing of the Report to the Commission. Included with this analysis is a map of the properties that submitted letters of support and opposition. The total amount of letters of support received by staff is 19. The total amount of letters of opposition received by staff is 11. 1 letter of the 11 received in opposition is anonymous and cannot be identified on the opposition map. December 7, 2022 Z2022141 Page 2 of 3 It’s important to note the Applicant’s narrative speaks to lowering the height of arena lights to 20’. Currently, the arena lighting is an accessory use to the single-family residence and MCZO, Art. 1502.15.e limits accessory use lights to those that are no higher than 20’, setback at least 20’ and shielded/directed downward. SUP approval will make the arena a primary use which will permit the lights at a max. 30’ in their existing locations. On November 15, 2022, staff received an Appeal of Planning and Zoning Commission Recommendation from Peter Furlow of Rose Law Group, PC, stating that the property was under violation referencing violation case number V202101839 (since closed by code enforcement staff). Further, the appeal states that opposition was not heard and stifled by proponents of the case, even though open meeting laws were followed and all registered to speak in opposition of the case were given time to state their opposition in front of the Planning & Zoning Commission. Additionally, the appeal states that the discharge of the half-load ammunition can be heard from within some neighboring properties and homes, that the noise remains too disruptive and remedial measures must be taken. Finally, four letters of opposition were sent to staff, which are included in the additional letters received and included in the support / opposition map in relation to this report. Commission Recommendation: On 11/3/22, the Commission voted 8-0 to recommend approval of Z2021141 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Horse Training Facility and Training for Cowboy Mounted Shooting Using Half Loads“, consisting of 3 full-size sheets, stamped received September 26, except as modified by the following conditions. 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 “Cowboy Mounted Shooting Training with Half Loads”, consisting of 5 pages, stamped received September 26, 2022, except as modified by the following conditions. c. This special use permit is valid for a period of 10 years and shall expire on December 7th, 2032, 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. d. The following Arizona State Land Department condition shall apply: December 7, 2022 Z2022141 Page 3 of 3 1. No projectiles or casings associated with this SUP will be left upon the State Trust Land. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. f. 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. g. All existing structures erected without the benefit of a building permit shall be subject to a building permit with a status of finalled within 6 months of approval of this SUP. Presented by: Daniel Johnson, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachments: 11/3/22 P&Z Packet (37 pages) Map with support/opposition and letters received after PZ hearing (19 pages) PZ Appeal Form (2 pages) Note: 11/3/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2022141 Page 1 of 10 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022141 – Cowboy Mounted Shooting Training with Half Loads Hearing Date: November 3, 2022 Supervisor District: 5 Applicant & Owner: Carrie Hirshberg Request: Special Use Permit for Mounted Cowboy Shooting in the Rural-43 zoning district Site Location: Generally located approximately 636 ft. south of the SWC of Weldon Ave. & 359th Ave. in the Tonopah area. Site Size: Approx. 4.71 acres Density: N/A County Island: N/A County Plan: Tonopah / Arlington Area Plan – Rural Densities (0-1 d.u./ac.) Municipal Plan: N/A Municipal Comments: Arizona State Land Department has no objections and requests a condition added to approval Support/Opposition: 12 letters of support & 5 letters of opposition Recommendation: Approve with conditions Z2022141 Page 2 of 10 Project Summary: 1. The applicant is seeking a special use permit (SUP) to engage in training horses for the sanctioned sport of Cowboy Mounted Shooting through the governing body American Quarter Horse Association utilizing half loads. The site is currently zoned Rural-43, but the Maricopa County Zoning Ordinance (MCZO) does state that “recreational open-air facilities” may be permitted as a Special Use in any zoning district. MCZO would categorize Mounted Cowboy Shooting as an activity used recreationally in an open-air facility. 2. The site is currently improved with a single-family residence, a 140’ x 300’ lighted horse corral arena, horse shades, and other equine structures typical of rural County. The site had already been improved prior to current owner’s purchase. To the north, after a 30- foot ingress / egress easement lined with a solid fence barrier and mature trees, is a similar site improved with a single-family residence and equine related structures including an arena, horse corrals and horse shades. To the northwest of the property across 359th Ave. are two ranch homes on once-acre parcels with no accessory structures. The site is flanked to the west and east by vacant acre parcels and to the south is vacant State Trust Land. However, State Trust Land can be accessed by the public via a simple online permit for recreationists. Further north, 359th Ave is lined by 5+ acre ranches, a professional RV & horse camp that holds daily roping practices permitted under SUP Z99-31, agriculture exempt properties and other equine oriented land uses and ranch style homes. The equine orientation of the neighborhood is why the owner chose the property to continue her work as equine trainer and coach. 3. The owner, Carrie Hirshberg, makes a living as a horse trainer and coach by profession. She plans to use the property for horse training and teaching with a handful of horses each month. Part of this training is Mounted Cowboy Shooting, exposing the horses to the sound of a CO2 gun and gradually introducing them to half-load projectile firearm. The owner will use the 140’ x 300’ open air arena at the southern end of the property. No training will occur on State Trust Land. 4. The owner notes they have adjusted the projectile used from the firearm to half-loaded shots to mitigate noise disturbance in the neighborhood compared to full rounds. This request is for use of the half-loads to train the horses. The owner states they will not use full load certified ammo. The applicant states that half-loads are a palatable alternative to certified full loads as this eliminates the percussion that comes with a certified full load, and use of the half-load will ensure the owner is able to still train client horses and riders. The half load projectiles only travel 10 feet at the most. The spent casings must be taken out by hand one at a time and the casings are recycled, leaving no waste from the spent casings. The owner explains that use of the half-load is a crowd friendly sport, and she often competes at sanctioned events in front of thousands of spectators. 5. Training on the property is to take place 1-3 times a week, along with individual horsemanship lessons and small clinics. The half load shot training never begins prior to 8 am and consists of ten shots lasting about 20 seconds. The firing of the firearm is not constant and is not discharged repeatedly. Training clinics last about 3 hours and there are between 4-8 people per clinic. The owner intends to only train advanced students for the sport and anticipates having about 2 – 4 vehicles and/ or trailers on the property during clinics. Other times, small one-on-one clinics will be held for training with an Z2022141 Page 3 of 10 advanced student that should only require 1 vehicle and trailer. Events will not be held, and the site is not open to the public as clinics are reserved. The nearby horse and RV camp to the north of the property expressed interest in watching the owner practice in a letter of support addressed to staff. It is anticipated that campers at the RV park will walk down the street to watch the training at the arena, but will not drive down to the owner’s property, mitigating any traffic and dust concerns if campers decide to watch. Dust proof parking is provided on site and the entire site is finished with dust proof pea gravel and the arena has been improved with water sprinklers as dust reduction measures. Access to the site is via 359th Ave. which is treated with mineral spray to mitigate general traffic dust. 6. After receiving her first violation (V202101839) for the unpermitted use of the site as an equestrian mounted shooting arena along with unpermitted arena lights, the owner applied for her first Temporary Use Permit (TUP) to continue the mounted equestrian shooting training in anticipation of securing this SUP. The first TUP was filed under TU2022012 and administratively approved on May 17, 2022 with condition to apply for an SUP within 60 days. This SUP was then filed on July 29, 2022. The Technical Advisory Committee meeting was held on Tuesday, September 6, 2022. The owner filed a second TUP on September 19, 2022 to continue training until determination of this SUP. The second TUP was required to be heard at the Board of Adjustment (BOA) hearing on October 13, 2022. Staff notified the owner on October 5, 2022 that this SUP was scheduled to be heard at the November 3rd Planning & Zoning (P&Z) Commission hearing. The second TUP received numerous opposition from neighbors and the BOA denied the second TUP request with the understanding that the SUP was scheduled to be heard the following month. 7. The applicant intends to rectify the violation for the arena lighting, erected prior to their purchase of the property, as well as permitting all as-built structures not on record with Planning and Development. Applicant has provided a claim with her title insurance company to assist with the cost of rectifying the unpermitted structures. Z2022141 Page 4 of 10 2022 Aerial Image Zoning Exhibit Z2022141 Page 5 of 10 Existing On-Site and Adjacent Zoning / Land Use: 8. On-site: Rural-43 / Single Family Residence with Open Air Horse Arena North: Rural-43 / Single Family Residence with Open Air Horse Arena South: State Trust Land East: Rural-43 / Vacant West: Rural-43 / Vacant Utilities and Services: 9. Water: Private Well Wastewater: On Site Septic School District: N/A Fire: AZ Fire & Medical Authority Police: Maricopa County Sheriff’s Office Right-of-Way: 10. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification 359th Ave 40’ 40’ Mid-Section Line Alignment Adopted Plan: 11. Tonopah/Arlington Area Plan (County Area Plan): The County Area Plan designates the site for Rural Densities (0-1 d.u./ac.), uses in this category include agricultural and single family residential. • Policy E1.3 Encourage compatible land use relationships with sources of excessive noise; the owner’s site sits at the north of vacant Arizona State Trust Land and adjacent to the south of an agriculture exempt miniature horse operation. A horse boarding and RV camp are located approximately 662 feet north of the owner’s site. Public Participation Summary: 12. The applicant previously requested two temporary use permits for the use prior to applying for this special use permit. Neighbors were notified of the temporary use requests with required postings. Since the application of this special use permit, the applicant posted the site and sent out the required 300’ notification letters. At the writing of this report staff received a total of 4 letters of opposition directly, of which two from the same address. Opposition to the request staff received centered on traffic to and from the applicant’s site via the unimproved 359th Ave. Dust was also mentioned being a negative factor in the increase in traffic to the applicant’s site, including the dust borne fungus that causes Valley Fever in humans and animals. Noise caused by the discharging of the firearm, heard from neighboring properties as well as from inside the homes of some neighboring properties, with mention that the half-loads the applicant uses still find the Z2022141 Page 6 of 10 sound of the firearm very disruptive. Video evidence was also received by staff to demonstrate the sound of the half-load firearm could still be heard within a living room and bathroom. Another letter of opposition found the requested time of 30 years of a firearm shooting 1-3 times a week intolerable. Another letter of opposition from a retired senior in failing health expressed how fearful the sound of a firearm made her during the day. The 4 letters received were further than 300’ of the owner’s property. 13. Staff received 12 letters in support of the owner’s request, stating that the use was complimentary to the neighborhood, as several neighbors themselves are equine enthusiasts. The letters of support centered on the owner’s good character, that dogs barking in the neighborhood were more of a disturbance to the neighborhood than the owner’s mounted shooting activity, and of all places to do cowboy mounted shooting Tonopah is a perfect place to do so. All 12 letters stated that they were unable to hear the half-loads from within their homes. 7 of the letters received that mention they were not disturbed by noise from the half-loads are within 300’ of the owner’s property. 14. The Citizen Participation Report (CPR) submitted by the owner details that all of the neighbors except for the neighbors adjacent north of the owner (Holleys) support this request. The CPR details the dispute between the owner and the Holleys. During the TUP process, the Board of Adjustment (BOA) asked that the owner work with the Holleys to find a compromise on the noise. Before starting the shooting training, the owners asked the Holleys if the half load shots were a viable compromise to the noise. After the first demonstration of the half-loaded shots, the Holleys allegedly found no problem with the noise. Once the owner received the special ammunition for the half-load training, the owner received violation on the shooting. The owner then lists the various violations the Holleys have on their property, including unpermitted construction and alterations of various structures. Staff does note that the Holleys do have 2 active violations on the property, one with a status of legal action for the storage of a commercial semi-truck, and the alteration of a structure into a habitable building without permits. Another verified violation exists for a metal fence erected without building permit. Per the owner, the Holley’s then began to surveil from their property by installing a camera on the unpermitted alteration facing the owner’s property. After submitting complaint to the County regarding the surveillance camera, the Holleys removed it, but the owner states that the Holleys have continued to use audio recording devices at their property line to amplify the noise for these hearings. Staff notes there is no record of violation for the camera that was pointed in the direction of the owner’s site. According to the owner’s summary, it appears that they have tried to work and reconcile with the Holleys to no avail, and they are the only ones spearheading opposition to this request. They also detail that the Holleys have solicited three other neighbors (Donna, Anita, and the Fridays) to submit opposition to the request directly to the County, even though these owners are distant from the site and not within the 300’ of the subject site. Staff notes letters of opposition were received by these three property owners who do reside on Weldon Ave, approximately 684 feet from the owner’s property and approximately 855 feet from the training arena. All eight letters received by staff stated that they did not hear the half- loads within their own homes, and staff confirms that four of these eight letters come from properties within 300’ of the owner’s property. Z2022141 Page 7 of 10 Outstanding Concerns from Reviewing Agencies: 15. Arizona State Land Department (ASLD) initially expressed concerns of projectiles potentially harming recreational users of State Trust Land (STL) and, therefore, requests a condition added to approval that prevents the littering of STL by the activities of the SUP. The arena the applicant will use for training is adjacent vacant State Trust Land immediately south. The ASLD expressed concerns over recreational users of the land south of the applicant’s training arena. The land is open to the general public via a simple online permitting process and stated users of Trust land could be harmed by the training. Further, they also expressed concerns over spent casings and projectiles being littered onto Trust land, even more harmful if lead is used on the littered casings and projectiles, that could pollute the soil and harm wildlife. ASLD has not surveyed this area for Threatened or Endangered species that may impacted by the litter. Since this letter, the owner has revised their narrative and operations to prevent any litter and poisoning by the spent casings as she recycles the casings, and no casings are spent. ASLD has reviewed the updated operations of the owner’s training and has since rescinded their opposition and requested a condition of approval to protect STL. Staff Analysis: 16. Mounted Cowboy Shooting has been determined to not be an accessory use customarily incidental to any permitted principal use in any zoning district, nor is Mounted Cowboy Shooting an equestrian activity permitted as an accessory use to a single-family residence in the Rural zoning districts per MCZO Article 501.2.15. Further, discharge of a firearm is not harmonious to a residential neighborhood environment. 17. Staff also observed several neighbors oppose the request during recent Board of Adjustment case related to the application of a Temporary Use Permit for the activity. At the same hearing, one neighbor spoke in support of the owner. Since the temporary use permit, staff has received video evidence from one neighbor recording the sounds of firearm discharges clearly heard within the home at a volume level not harmonious to a rural residential neighborhood. Further, there is opposition from the Arizona State Land Department also expressing concerns over the potential of projectiles injuring recreational users and protected species that may exist in State Trust Land adjacent south of the applicant’s open-air training facility. The owner has since changed operations to prevent littering of spent casings, eliminating the potential of litter and poisoning of STL. 18. Because of the open desert and rural nature of the neighborhood, staff finds that the sound of a firearm can potentially permeate throughout the neighborhood as there is a lack of natural sound barriers like mature trees, solid fences, houses and accessory structures between the applicant’s training arena and the rest of the neighborhood, but the same argument can be made with any other nuisance sound such as dogs barking or general ranching. However, the neighborhood itself is equine oriented, with the owner’s site adjacent south of a 5-acre property designated agriculture exempt for a miniature horse operation and another property operating a horse boarding & RV camp frequently holding equine sport training approximately 662 feet north of the owner’s site (see aerial on paragraph 20 below). Z2022141 Page 8 of 10 19. Staff takes neighborhood context into consideration with this request as the neighborhood itself already has established agriculture, ranching and equine oriented uses. The owner has followed through on mitigating any negative impacts to the neighborhood by changing the ammunition type used to half-loads, which are a quieter alternative to the normal rounds used and changing operations to mitigate ASLD concerns. Staff counts 8 developed properties on acre lots to the northwest of the applicant’s training arena along Weldon Ave. that have no other barriers to sound as the land between the arena and these homes are primarily open desert. The majority of the letters of opposition received by staff have been from property owners who reside on Weldon Ave., approximately 855 feet from the training arena, but staff cannot deny that of the twelve letters in support of the owner’s request, 7 are actually within 300’ from the owner’s property; expressing no concern over the noise from the half-loads used by the owner for her training. 20. Given neighborhood context and existing development patterns, approving the use for a period of ten years will give the owner an opportunity to make a living while demonstrating to the neighborhood that the use remains appropriate and maintains a harmonious rural – residential environment. Further, the State can release State Trust Land abutting the owner’s arena for development at any time within the ten-year approval timeframe. Z2022141 Page 9 of 10 21. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022141 subject to the following conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Horse Training Facility and Training for Cowboy Mounted Shooting Using Half Loads“, consisting of 3 full-size sheets, stamped received September 26, except as modified by the following conditions. 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 “Cowboy Mounted Shooting Training with Half Loads”, consisting of 5 pages, stamped received September 26, 2022, except as modified by the following conditions. c. This special use permit is valid for a period of 10 years and shall expire on December 7th, 2032, 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. d. The following Arizona State Land Department condition shall apply: 1. No projectiles or casings associated with this SUP will be left upon the State Trust Land. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. f. 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. g. All existing structures erected without the benefit of a building permit shall be subject to a building permit with a status of finalled within 6 months of approval of this SUP. Z2022141 Page 10 of 10 Presented by: Daniel Johnson, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 Page) Site Plan (3 pages) Narrative (5 pages) Engineering No Comment Memo (1 page) Environmental Services No Objection Memo (1 page) Letters of Support (9 pages) Letters of Opposition (4 pages) ASLD Letter of No Objection (3 Pages) MARICOPA COUNTY / Maricopa County Planning & Development - Phoenix, AZ 5 Gross Acres: 5 approx. Generated October 19, 2022 11:19 AM Z2022141 Application Name: Legal Description Cowboy Mounted Shooting Training with Half Loads PSEIS Applicant Case Address T02N R06W 025, CARRIE HIRSHBERG 3499 N 359TH Ave Applicant Phone/Email Parcel Primary:506-40-156A 636.295.9108 HIRSHBERGHORSEMANSHIP@GMAIL.COM TONOPAH AZ 85354 Map scale 1:1,530 Supervisor District No. ABILITY TO TRAIN FOR COWBOY MOUNTED SHOOTING USING HALF LOADS AT EXISTING ARENA 5.3585 in MARICOPA COUNTY P&D RESIDENTIAL GENERAL NOTES AND CONDITIONS CONTACT INFORMATION VICINITY MAP n.t.s BUILDING AREA SCHEDULE ² PARCEL INFORMATION N 620.49' RU-43 ZONING VACANT LOT PL 620.51' RU-43 ZONING VACANT LOT 330.43' RU-43 ZONING VACANT LOT 330.43' PL PL PL PL PL PL PL PL PL PL PL A B C E G D H F I N. 359TH AVE. N SITE PLAN 1"=30'-0" SCALE: 20' 10' 1' PROJECT: 191 SHEET: Hirshberg Residence REVISIONS: C C D DRAFTING and DESIGN ADDRESS: 3499 N 359TH AVE TONOPAH, ARIZONA 85354 Parcel: 506-40-156A CS Luis Cuellar E-mail: luisbpd@yahoo.com Phone: (602) 702-3053 Plans Drawn By: LFCO COVER SHEET ----- ----- ----- ----- Z2022141 RCVD 9/26/22 CORRECTION: THIS IS NOT A VACANT LOT. THIS IS AN AG EXEMPT 10 ACRE PARCEL. CORRECTION: THIS IS STATE TRUST LAND PROJECT NAME: HORSE TRAINING FACILITY AND TRAINING FOR COWBOY MOUNTED SHOOTING USING HALF LOADS State Trust Land AG Exempt 10 Acre Parcel Driveway 105'x24' Parking 195'x90' Parking 105'x30 Narrative Report- Title Page Cowboy Mounted Shooting Training with Half Loads 359th Ave & Indian School Rd. Tonopah, AZ Case/Tracking # PA2021057 Z2022141 RCVD 9/26/22 Purpose of Request The purpose of this request is to obtain approval through a Special Use Permit to engage in the activity of training horses for the sanctioned sport of Cowboy Mounted Shooting, through the governing body the American Quarter Horse Association (AQHA), utilizing half loads. Due to the MCZO, Art. 501.2.15 and our arena being “open air” I am seeking a SUP approval by the Board of Supervisors to have the ability to simply train for the sanctioned sport of Cowboy Mounted Shooting. However, I am only requesting to be able to shoot “half loads” due to living in zone RU-43. The original Article was written or created for full loads which is the certified blank for competing in Cowboy Mounted Shooting. I am not seeking to shoot the full load blanks. I am requesting approval to only shoot half load blanks for training purposes, not competition purposes. Description of Proposal I am a horse trainer and coach by profession. I have a small horse training and teaching business operation. This is how I make my living. I moved out to a rural area, with a residence that backs up to the State Trust Land, to have a ranch to where I can cross train. I have a handful of horses in training each month. A few of those are in training for cowboy mounted shooting. If they are in training for this purpose, then I need to expose them to the look and feel of cowboy mounted shooting. I’ll start out the training process for new horses in training by exposing them to the sound of a CO2 gun. This exposes them to rider form as well as some noise. After relaxation in this step, I will shoot a .22 off them with low level construction shots. These are quieter than what is used during a construction project. As of right now, due to MCZO, Art. 501.2.15,I cannot even do this part of the training process. Next is introducing the equine athlete to the half load blank. Horses wear hearing protection just like humans, but I do not use hearing protection for the horses while training with half loads. My plan to be able to train out of our 140’ x 300’ arena that backs up to hundreds of acres of state land is to shoot half loads. The ammo that is used for mounted shooting competitions is called “full load” certified ammo. I will NOT be using full load certified ammo as those pose a disturbance to our neighbors, but I am requesting a special permit to use only ½ loads during my training sessions. Being half the load, this eliminates the percussion that comes with a certified full load. The sound and percussion are significantly lessened, but I am still able to provide the mounted shooting experience to my client horses and riders. The ammo used for cowboy mounted shooting is brass cartridge is loaded with black powder (like that used in the 1800's) leaving no projectile to clean up. The end of the casing is crimped so when the primer is hit the crimped end opens up allowing the black powder to come out. The black powder (embers) of the half loads only travel 10 feet at most. This load will break a balloon up to 10 feet. These are called blanks and are NOT live rounds. Those are strictly prohibited. The spent casings have to be physically taken out of the cylinder one at a time. I then recycle the casings that I have taken out of my gun. This is a very safe and crowd friendly sport that is thoroughly enjoyed. We often compete in front of thousands of spectators. Every March we compete at West World in front of a sold out crowd of 13 thousand people inside the equidome. I may include mounted shooting training 1-3 days a week for those horses in training. If I am up to the “blank” part of the training process, then I will complete a total of two to three patterns with ten balloon targets. After each stage I must reset balloons and replace my blanks. This means I am not shooting continuously, but the opposite, I am shooting for only 20 seconds at a time, I will be done for quite a while, then may expose that horse to another pattern and experience. In addition to the few training horses that I have each month, I do give individual horsemanship lessons and small clinics. If the clinic is for advancing in cowboy mounted shooting then it includes 80% horsemanship, drills, course work, dry fire gun drills, dry running and learning the patterns then lastly engaging the pattern with the ½ load blanks. Engaging the pattern means that the student shoots a total of two to three patterns applying what they learned. Each time they engage in the activity of “mounted shooting” it involves a total of ten shots lasting about 20 seconds. This is followed by 5 minutes or so of resetting the course with new balloons. As you can see this is not discharging repeatedly nor is this constant gunfire. Engaging in a pattern while shooting off the horse is a strenuous activity for both horse and rider. Riders often only engage in patterning three to four times at most as we do not want to have it be cumbersome for the horse. I strive for applying what they learned in the horsemanship portion to the pattern work then they are done. Clinics last three hours with just a small portion being running and engaging the pattern since this is strenuous on both horse and rider. The number of people in a typical clinic ranges from 4-8 people. I keep them small as I am student advanced focused. A few students haul in while others are riding their horses that are in training with me. We have quite a few students that are couples so they ride together, therefore, there are only about 2-4 additional vehicles and or trailers on our property at this time. Other than clinics I do offer one-on-one horsemanship lessons. This means there is only one additional vehicle on our property at a time. We currently have a Temporary Use Permit # 2022012 for this activity. The act of Cowboy Mounted Shooting using half loads is performed one to three days per week. With the action being sporadic for 2 hours at most. I do not engage in any training for Cowboy Mounted Shooting prior to 8 AM. I do have a stable hand that is on the property daily for a few hours while he cleans the horse pens and fills waters. I have my personal horses and training horses that I work most days of the week for basic horsemanship by myself. The majority of lessons are individual as I prefer to teach one on one. I may do one small clinic per week. Clinics are typically held on the weekend when clients are off work. Clinic attendees are often couples or friends that haul together minimizing fuel expenses since we live out of town. Our entire property is fully finished meaning there is no dust. All drivable areas have gravel or pea gravel as the base. Our arena even has a newly installed sprinkler system to maintain a nice working environment as well as so dust isn’t derived from grooming the arena or while training horses. 359th Avenue is treated with a mineral spray to keep the general traffic dust down. Since this application, dust creation has been minimized from neighborhood traffic. I am requesting the Special Use Permit for the rest of my working career- 30 years. The subject site, the arena, is located adjacent to the vacant State Trust Land to the South and vacant land to the West. There are several accessory buildings on our property, as well as ag exempt accessory buildings between us and our neighbor to the North’s residence. There is also a 30-foot easement with a tree line and a solid fence barrier between the residence to the North. Relationship of Surrounding Properties 359th Avenue is a lively street full of 5+ acre ranches, a professional RV & horse camp, Ag Exempt properties, and passionate equine athletes. This is not a typical residentially zoned neighborhood. The active equine sport makeup of 359th Avenue is why we selected residence out here. The 5-S Winter RV and Horse Camp, located just three properties to the North, is fully booked in the wintertime as they are popular for daily roping practices and hosting team roping jackpots. Our direct neighbor to the North has a ten-acre parcel that is agriculturally exempt. To the South we are backed up to hundreds of acres of State Trust Land which abuts the noisy Interstate 10. Also, while looking to the South, we are graced with the presence of the Paloverde Generating Station, nuclear power plant, steam stacks. Tonopah is located between the busy towns of Buckeye and Wickenburg making it an attractive area for western horse sports. The ability for Tonopah to continue to grow and offer professional services is key for the small town to develop in the right direction with growth, business, and education which it desperately needs and seeks. Our property is located in the vicinity of the Buckeye Municipal Airport which brings about flyovers of private planes right over our property. We are also in the emergency district of the Palo Verde generating station. Location and Accessibility The Property is generally located six miles north of I-10, thirty-five miles south of the Town of Wickenburg on Vulture Mine Road and seven miles east of Tonopah. Our address is 3499 N 359th Avenue. We are located to the East of the dead end of 359th Avenue. Our property is fully fenced with a large 24 foot access gate on the Northwest corner as well as other access gates on the North and West sides. We have a 30 ft easement to the North and the South is backed by hundreds of acres of State Trust Land that then backs up to Interstate 10. Circulation System There is a 24-foot-wide driveway that enters from 359th Avenue. 359th Avenue is a gravel/dirt road off of Indian School Rd. Upon entering our property, the base is gravel with three inches of pea gravel on top. The entire property has the layered pea gravel creating a dust free, finished look as well as great drainage. There is a 105’ entrance upon entering. The property was set up for semis with a cattle trailer to enter, drive alongside the north side of the property alongside the 6-stall barn and enter the large paddock where there is a cattle loading area for semi-trailers. I have had semi horse haulers come and pick up up horses going across country so the set up for large vehicles has come in handy. The north side has a 105’ parking area with shade courtesy of mature trees. Backing up to that is a 195’x 90’ area for parking and turning around. Development Schedule Our property has been static for 7 years. We have no plans to develop the property any further as it is fully developed and intended for use. There are existing corrals where I would like to request a deviation from the standard setback of 100’. I am requesting a waiver for this deviation due to our property being fully fenced and built prior to our ownership. There is a 30’ easement between us and our only neighbor. We are also in a rural area where everyone has animals and similar setups. We are surrounded by 5-10 acre parcels, if not the State Land, therefore, the corrals do not impose on neighbors. Being that our property is fully developed there are no phases for building or steps to obtaining use. We will not be changing our property or rezoning it, but we would like to be able to use our arena for training for a sanctioned sport held by the governing body, AQHA. We are in the process of working with the county on finding out what has or has not been permitted for the structures on our property. Upon purchasing there was nothing noted in the “non-disclosures” section so we assumed everything was erected upon getting permits. We have already filed with our Title Insurance and they will help rectify any non-permitted structures. With that being said, we will obtain as-built permitting for unpermitted structures, and front setback encroachment of the roping chute shade and 6 stall barn on the north side. We rarely use the arena lights, and have since found out that they are too tall. Title Insurance will also help us with the cost of lowering them to 20 ft. We are just waiting see what other structures will need to be turned into Title Insurance. Of course, the builders who were the previous owners did not have to address any of this and they ran a cattle operation out of the property. Community Facilities and Services Tonopah is very rural and does not have many facilities and services. We are located within the Saddle Mountain Unified School District. There is a Travel Center of America truck stop and gas station with a few restaurants at the I-10 and 339th exit. Public Utilities and Services We utilize a public refuse service, Belmont Waste. Electric is provided by APS. Our property has its own private well and septic system (2). Buckeye has the nearest police department. However, there is an Arizona Fire and Medical Authority Station 341 in Tonopah. Robert Fedorka, P.E. Planning & Development 301 W. Jefferson St.., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-7151 Fax: (602) 506-8762 www.maricopa.gov/planning Email address: Bob.Fedorka@Maricopa.gov Maricopa County Planning & Development Department Engineering Plan Review Date: August 22, 2022 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Daniel Johnson, Planner, Planning & Development Services From: Robert Fedorka, P.E., Engineering Supervisor, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2022141 – SUP for Cowboy Mounted Shooting Training with Half Loads (E1 Memo) Job Site Address: 3413 N 359th Ave., Tonopah APN(s): 506-40-156A PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the SUP application routed for review on August 17, 2022. The application is to allow cowboy mounted shooting training and does not involve any new site development. PND Engineering has no comments or objections. Please contact me if you have any questions or require any additional information. Subdivision Infrastructure & Planning Program 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Phone: (602) 506-1058 Fax: (602) 506-5813 TDD 602 506 6704 Maricopa County Environmental Services Department Water and Waste Management Division DATE: August 17, 2022 TO : Daniel Johnson, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: SUP for shooting half loads off of horses. Z2022143 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced project. Applicant request is for Special permit to allow shooting half loads off of horses for training purposes in our arena at APN # 506-40-156A. Water and Sewer providers are not disclosed, MCESD has concerns, and septic systems must obtained minor plan review approval prior to any construction permits granted if applicable. Based on the above, MCESD raised no objections to the Planning & Development Department in Accela: on August 17, 2022 and will allow the project to proceed at this time subject to the following stipulations Stipulations: None. It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application. Oct 5, 2022 Dear Sirs, I am writing this in behalf of my husband, Jim Anderson and myself, Beverly Anderson. We reside at 3914 N 359thAv, Tonopah, Az 85354. We are in complete approval of Carrie Hirshberg performing mounted shooting at her home horse area. When she is practicing we do not hear the shooting in our home. When we are outside it is not as loud as the neighbors music! We were contacted before she bought her house, as were most of the people here, and gave her approval to do so, before she bought her house. My husband, Jim, did mounted shooting with his horses for several years in our arena. Stopping a few years before Carrie moved here. No one was bothered by it. We used full loads when we practiced. Two neighbors dogs were afraid so we would call and they would put them inside. We all value our equine neighborhood. In the past we have been very close as a group. Can we just go back to that kind, neighborly courtesy!? Carrie could call these neighbors, some of whom are only winter residents, when she shoots & they can do what they need to be comfortable. She only practices for a very short time-a few times per week. All in all, we feel very blessed to have her here in our neighborhood, as she is one of the top shooters in the nation! In Regards, Beverly Anderson 480-225-9011 From: Jeffery Ryan Clark 35934 W Mitchell Drive Tonopah, AZ 85354 To: Daniel Johnson Maricopa County Planning and Development Department 301 West Jefferson Street, 1st Floor, Suite 170 Phoenix, AZ 85003 To whom it may concern. I am writing this letter to inform you of my support for Z2022141. I would like to start off by saying, I have no interest in cowboy mounted shooting. I do not have any interest in horses or farm activities. But I understood when moving to Tonopah that this is a horse-riding and horse sport community. When I first moved into my home in September of 2021, I was unaware of the cowboy mounted shooting taking place. I would see the occasional horse riders; horse trailers and I am always sure to give a friendly waive. It wasn’t until I received a knock on my door at 9:00am on a Saturday from a disgruntled neighbor that the cowboy mounted shooting was even taking place. I was told by the neighbor that it is “my right to complain”. And I asked, while standing at my front door while the shooting was taking place, “complain about what?” And the neighbor replied, “to the Hirshbergs shooting” to which I looked over and I replied, “well, I am not going to complain about something that I wasn’t even aware of until you brought it up to me!” We left with a friendly goodbye. But it raised a concern with me. I asked myself, “I thought we lived in a community that supports activities like this?” I also asked myself, how can someone who lives farther away from the Hirshbergs than I do, possibly complain about the noise? It is incredibly subtle. So, is it really about the noise? Or is the complaint really about what they are doing? And it’s a fair question. Should our neighbors be cowboy mounted shooting, from their property? Should the Hirshbergs be issued a permit to do this? These are all perfectly reasonable questions. After careful thought and consideration, I came to the conclusion that yes, this should be allowed. For one, if this type of activity is not allowed in Tonopah, then where else in Arizona could this possibly take possibly take place? Tonopah, to me is the perfect place for activities like these. Again, this is a horse community. And I would be ashamed of myself if I were to attempt to prevent the joy of many, in hopes to please a few. I can tell you, as having one of the closest homes to the Hirshbergs, that this is, to say the least, a minor inconvenience. To me, this is such a wonderful thing that the Hirshbergs offer to our community and our youth, that it far exceeds any inconvenience that I might derive from it. The Hirshbergs and the activities that they offer to our community are an asset to Tonopah and should not be prevented from offering these activities to our residents and youth so carelessly. I would also like to congratulate some of the opposing residents for being humorous if only unintentionally. As some have stated that the cowboy mounted shooting “causes their dogs to bark”. This is a ridiculous argument, in that the dogs in our community bark 24/7 and is a serious issue and concern in of itself. And I cannot believe were not here to talk about that today. I cannot sit on my own back porch, out of sight, without hearing the neighborhood dogs barking. Which I find far more disturbing to our community than the few hours per week that the Hirshbergs are asking all of the neighbor’s consideration for. To those who let their dogs outside to bark, nonstop, 7 days a week and have the audacity to write in a complaint letter about the occasional noise coming from the Hirshbergs, should be ashamed of yourselves. The hypocrisy there is so thick that I must ask the board to remove this complaint from their consideration on this matter. And to be clear, I don’t make the claim that the cowboy mounted shooting does not cause neighborhood dogs to bark. I am certain that it does. But to say that this is the only cause of barking, is just a flat out lie. On a final note. Today, I ask the board and all the members of our community to carefully consider your decision. Because every opportunity you deny, every door you close, you are in essence sharpening the knife for your own back. Because you are also denying yourself and your family and friends the right to enjoy, not only these activities but similar activities as well. I hope we can all leave here today with the word compromise in mind. The Hirshbergs have already made many compromises on this matter and if the board can agree to certain days and times of the week to allow these activities to continue to take place, I know it would mean the world to the Hirshbergs and to many others. I think a set schedule that the neighbors are made aware of, would be a small and agreeable compromise that we all can make. Again, thank you for your time. Hello Mr. Johnson, I live at 3818 N 359th Ave, Tonopah, AZ 85354 which is a 6-minute walk (.2 mile) to Carrie Hirshberg home. I built my home 23 years ago here. The reason why we bought the land on this street is because of the so many homes having arenas and all of the horse activity. We don't hear the shooting and if we do it's not load or for a long period of time. My dogs are very sensitive to fireworks and they don't even notice the shooting. This area in Tonopah has always had nice horse property (7 arenas with in 6-minute walk of this property) and great neighbors. Carrie Hirshberg has a well-kept place and is bringing to the Tonopah area value by giving people something to do. Tye and Steve Green Realty One Group 2950 N. Litchfield Road Goodyear, AZ 85395 602-206-8281 This is Rogelio and Michelle Negrete we live at 3518 N 359th Ave, Tonopah, AZ 85354. We want to support for the special use permit for Cowboy Mounted Shooting. We dont have a problem and cant hear the noise of the shooting when they are practicing. We are doing this because they are good neighbors since we move in the neighborhood. So we support them to get their permit. If any questions u can contact me at 602 489 1441 Thank you. Rogelio & Michelle Negrete Hi this is Rodolfo Payan and Vanessa castillo We live on 35922 W Mitchell dr. Tonopah, AZ 85354 Carrie & Trevor Hirshberg are one of the nicest Nieghbors I’ve met . They are the reason we decided to move out to tonopah due to their beautiful ranch .They were very welcoming when we moved out to tonopah , Carrie & Trevor have been thoughtful on using the special ½ load blanks to cross train for cowboy mounted shooting. When they have training you cant even hear the rounds,I’ve been in my living room while they train and can’t even hear anything , honestly my baby cries louder haha . We just feel like they are a great asset to our community. Thank you, Rodolfo & Vanessa 1 Daniel Johnson (PND) From: Carrie Hirshberg <hirshberghorsemanship@gmail.com> Sent: Thursday, October 20, 2022 6:02 PM To: Daniel Johnson (PND) Subject: Fwd: Mounted Shooting Here is a supporting letter from the 5‐S Horse Camp a few properties up. Carrie ‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐ From: *User Guide* <bsauvage@ruraltel.net> Date: Thu, Oct 20, 2022 at 4:10 PM Subject: Fwd: Mounted Shooting To: <hirshberghorsemanship@gmail.com> On Tue Oct 11 2022 18:31:28 GMT‐0700 (Mountain Standard Time) *User Guide* <bsauvage@ruraltel.net> wrote: ‐‐‐‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐‐‐‐ I live at 3713 N 359th Ave Tononpah , Az 85354 . I'm all for the Mounted Shooting. It Doesn't brother me or my guest's at all. We all enjoy watching it. Me or my guest's can't hear it in or homes. We like all horse activities. Carrie is a good friendly neighbor to all. My RV horse camp welcome her and her clients with open arms. All horse activities are welcome in our neighborhood. Please let Carrie continue with her business of training horses and riders. William Sauvage Owner of 5‐S Winter Horse Camp I am writing in support of Hirshberg Training Facility. I own the acreage at 506-40-321 They have came and talked to us along with many of the neighbors about using half load shells rather than full load shells in respect to the neighbors. I have found them to be very respectful and trying hard to work with the neighbors on this matter. We cannot hear them shooting inside our house and it is not bothersome at all if I am outside when they practice. I feel they only do this a couple times a week for a short period. It is definitely not an every day all day thing. The freeway is much louder than their shooting. They have invited us to come watch and I have really enjoyed the couple times I have watched, and I certainly appreciate what they do. Sherri Schubert 541-910-2228 Please call if you have any further questions. Sir: I own the property at 35925 W.Weldon Ave (506-40-320) and the acreage at (506-40- 319). I have known the Hirshbergs for two years, and have found them to be great neighbors. The business they operate Involves the use of gun blanks to train horses and riders in their sport of mounted cowboy shooting. Although full loads are normally used, they chose to use 1/2 loads to not disturb any of their neighbors. While training, I can not hear anything in my house, even if I notice them training. Over the last six months, the training they have been doing has not bothered me at all. They are a great addition to our neighborhood and I'm happy they reside here. Sincerely, John Schwendemann 541-805-8344 1 Daniel Johnson (PND) From: Karen Dada <kdada@azland.gov> Sent: Friday, October 21, 2022 10:47 AM To: Daniel Johnson (PND) Cc: Jim Perry; Rhonda Inamine Subject: Re: County Planning Opportunity for Comment: Z2022141 Good morning Daniel, The additional narrative is helpful and explains that spent casings and projectiles will not be leaving the subject property. As long as this is the case, that no projectiles or casings will be left upon the State Trust Land, ASLD has no further concerns. For clarification, we request that stipulation be included should a SUP be approved. We appreciate your coordination on this application. Karen Dada, AICP | Manager, Planning and Engineering Section Arizona State Land Department 1110 West Washington Street | Phoenix, AZ 85007 O: 602-542-3118 | kdada@azland.gov Funding Arizona Public Schools and Institutions since 1915 * Please note our new office address as of 07/25/22 1110 W. Washington St., Phoenix, AZ 85007 To help protect your privacy, Micro so ft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Micro so ft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Micro so ft Office prevented automatic download of this picture from the Internet. On Thu, Oct 20, 2022 at 12:28 PM Daniel Johnson (PND) <Daniel.Johnson@maricopa.gov> wrote: Good afternoon Karen, I have attached a revised narrative that details how the spent casings will be recycled. If this changes your original letter of opposition, please let me know so I can update the report to the Planning & Zoning commission. The case is to be heard at the November 3 PZ Meeting and registration will be available one week prior to the meeting at this website if you wish to voice opposition. If I do not receive a response I will continue to reference your original opposition received August 23. Planning & Development | Maricopa County, AZ Thank you, Daniel Johnson Desk: 602‐506‐4242 Cell: 602‐341‐8080 daniel.johnson@maricopa.gov 2 From: Karen Dada <kdada@azland.gov> Sent: Tuesday, August 23, 2022 12:01 PM To: Daniel Johnson (PND) <Daniel.Johnson@Maricopa.Gov> Cc: Jim Perry <jperry@azland.gov>; Rhonda Inamine <rinamine@azland.gov> Subject: Re: County Planning Opportunity for Comment: Z2022141 Good afternoon Daniel, Thank you for providing the opportunity to review the Special Use Permit application Z2022141. The Arizona State Land Department (ASLD) objects to the application for Special Use Permit Z2022141, and respectfully requests that Maricopa County deny the request for the following reasons: 1. As noted in the application narrative and verified in our mapping system, the subject property, and specifically the arena where the proposed live-round shooting will occur, is located immediately adjacent to State Trust Land (STL). The adjacent STL is open for public recreation opportunities and the general public is able to obtain a recreation permit to use the adjacent STL via a simple online process. The proposed use could put individuals recreating on the STL in imminent danger. 2. There was no discussion of the type of projectile or casing to be used; however, given the proximity of the arena to STL, it is likely that the spent casings and/or projectiles will end up on STL, creating an ongoing litter problem. 3. Should the casings and/or projectiles be made of lead, the debris could lead to pollution of the soil and potentially harm wildlife located on STL. This particular area of STL has not been surveyed to determine if any Threatened or Endangered species exist here and could potentially be harmed by the remnant debris. We request to be kept apprised of this case and notified when the application is scheduled to go to the Planning and Zoning Commission so we may attend and/or provide formal written response from the State Land Commissioner or the Deputy Commissioner, Jim Perry, who is copied here. If you have any questions, please feel free to contact me directly. Karen Dada, AICP | Manager, Planning and Engineering Section Arizona State Land Department 1110 West Washington Street | Phoenix, AZ 85007 O: 602-542-3118 | kdada@azland.gov Funding Arizona Public Schools and Institutions since 1915 3 * Please note our new office address as of 07/25/22 1110 W. Washington St., Phoenix, AZ 85007 On Wed, Aug 17, 2022 at 3:12 PM Daniel Johnson (PND) <Daniel.Johnson@maricopa.gov> wrote: Good afternoon, This e‐mail serves as notification of an application we have received from Carrie and Trevor Hirshberg for a Special Use Permit for mounted cowboy shooting with half loads in the RU‐43 zoning district. Applicable documents for review are available on the Online Permit Manager at: Accela Citizen Access (maricopa.gov) and searching by case number Z2022141, select the drop down menu under ‘record info’ and find ‘attachments’ for download and review. The request will be scheduled to be heard at the Planning & Zoning Commission, with opportunity for public comment, pending County Agency sign‐off. Attendance is hybrid virtual & in person. Please submit written comments to our Department prior to the date of the meeting here: https://apps.pnd.maricopa.gov/contact/ or directly to me. Attendance instructions and registration may be found at our website Planning & Development | Maricopa County, AZ one week prior to the hearing date. A Technical Advisory Committee not open to public comment will be held September 6 at 1:45pm. If you wish to observe the meeting only, please respond to this email for access details. Please let me know if you have any questions or concerns. To remove or update your contact information, please do so at this link: Form Center • Maricopa County, AZ • CivicEngage Z2022141 – Support & Opposition Map • 300’ buffer is approximate and not to scale • 19 letters of support received. • 12 letters of opposition received. • 1 letter of opposition received by staff was sent anonymously and is not reflected in the map above. • 1 Appeal of Planning and Zoning Commission Recommendation received November 15, 2022 from Peter Furlow of Rose Law Group, PC. Is included in the opposition total above. 1 Daniel Johnson (PND) From: Will I Miniatures <williminiatures@gmail.com> Sent: Friday, October 28, 2022 2:10 PM To: Daniel Johnson (PND); Will I Miniatures; Matthew Holm (PND) Subject: Case Z2022141 Hello, My name is Shaun Holley and I reside at 3509 N. 359th Ave., Tonopah, AZ. Next door to the applicants of Z2022141. I realize that the narrative in the report prepared by the Planning and Zoning Department, to be presented to the Planning and Zoning Commision and The Board of Supervisors is subject to only what has been told to the author. I would like to address a few items by page number. Page 6: Item 13. States that 7 letters of support received are within 300 feet of the subject property. This is incorrect as there are only two residences within the 300 ft area. Ours and the neighbor to the west. Page 6: Item 14. States The CPR submitted details all neighbors except our residence support the request. This is incorrect, The neighbors North of my property oppose the activity as documented by a letter of opposition from Donna APN50640269A. Page 6: Item 14 We never agreed to the half load demonstration. The applicant was told that we would not agree to participate or agree to anything that violated the zoning laws. Nor would we agree to anything that would disturb our neighbors or the neighborhood in general. The shooting continued, we had a Law Office send them a letter letting them know that the activity was prohibited, and if it continued the County would be notified....and so forth. We received a notice of violation for our property shortly after we refused to agree with applicants. The violations listed for our property were unknown to us at the time of purchase in 2014. 2 Whether or not these violations are valid is yet to be determined and will be discussed and reviewed at a hearing in the near future. We do have a home security system that monitors the easement and front of our property and was installed in 2015 and upgraded in 2020. The easement is surveilled due to assets on our back 5 acres and the adjoining property that belongs to Mr and Mrs Smith, who also have assets on their property. Both of these areas are due east of applicants property and the easement is shared by all by the 3 adjoining properties. My property and the applicant's property are the servient properties to the Smith property. Our security system is not capable of amplifying. I believe the applicant may be referring to the first video presented at the last hearing, which was their video from social media and was included to show the activity. All other video presented has been from a cell phone. Also worth mentioning, APN50640162T, Anita and Lowell Fogelsong, approx. 800 feet from the applicant can hear the shooting inside their residence. Did my security system amplify the shooting inside their home? Did my security system amplify the shooting inside the Friday's home next door to the Fogelsong's? One letter of support (Green) indicates they live .2 miles away and can't hear or don't notice the shooting. Another letter of support (Anderson) states they can hear the shots when outside. The Andersons live a further distance than the Greens, but can hear the shooting. Imagine being right next door! As we move along within item 14, Security camera... It may be of interest to know that the applicant's husband was recorded by the security system while performing some very malicious activities toward the female residents at our address, (because we wouldn't agree with shooting). An Injunction Against Harassment was placed against Mr Hirshberg By Judge Burkholder on 8/5/2021. Case No. M0743PO2021000186. 3 Another Injunction is in process now, Case No. Mo73PO2022000242, to run concurrently with 000186. All is not as described in the Report, all though neighborly to those who don't oppose, those that do have been subject to intimidation and harassment. The applicant referred to Donna (opposition) as being crazy, saying so aloud at the Board of Adjustment Meeting for the TUP extension. The reaction of the Board members indicated they were rather displeased (taken back) by the comment. Donna is a 20+ year resident, elderly in poor health and is a great neighbor. There are others residing within the area that are opposed to the shooting, but don't want to deal with potentially being harassed or intimidated. Mr. Hirshberg took Harassment case M0743PO2021000186 to a felony level when he welded the gates closed, restricting access to our back five acres and the property of the Smith's. We opted to not take this to a felony level. Acting on the best behalf of his family, we had the same law office send them a letter explaining that his actions could result in felony charges, and he was given 4 days to ensure access was not impeded. He did comply. Harassment continues to be documented. Still on item 14: 3 letters of opposition, furthest being 855 feet. Correct. Further in paragraph "staff confirms that 4 letters of support are within 300 ft of the property" incorrect, there are only two properties within 300 feet of the applicant, the closest being my residence. Page 7: Item 16. This paragraph speaks volumes, Thank You. Page 7: Item 17. Thank You for including this from the past meeting. Page 7: item 18. The applicant site is south of a 10 acre agriculture exempt property. The report states 5 acres. 4 Page 8: Item 19. Once again, there are not 7 residences within 300 ft of the applicants property. There are two. One opposes. Page 8: Item 20. You can't demonstrate to a neighborhood that the harmonious-rural residential environment can be maintained, when gunfire is eminent. Page 7, item 16 is really important. Daniel, lengthy I know. I realize your time is very valuable, and I Thank You for reviewing and ensuring this is included in the report. It's important that the entities reviewing this report are informed and know everything. Copies of court documents, law firm letters, video and anything else needed are available upon request. Sincerely, Shaun Holley ‐‐ www.williminiatures.com 928‐916‐3556 Will I Miniatures LLC Quality Correct Miniature Appaloosa Horses 1 Daniel Johnson (PND) From: Tina Bigalk <tbigalk@gmail.com> Sent: Friday, October 28, 2022 12:18 PM To: Daniel Johnson (PND) Subject: Z2022141 Cowboy Mounted Shooting Follow Up Flag: Follow up Flag Status: Flagged Dear Mr. Johnson, I am a resident of Mitchell Dr and a close neighbor of the address in question for the use application for Cowboy Mounted Shooting. I am writing in opposition to this action. I think it would be a disservice to those in our neighborhood to approve this measure. Many of us moved to Tonopah to enjoy peace and quiet. We moved into our home in March 2022 and had no idea that this activity was going on. The notice of the temporary approval was not posted appropriately therefore we did not know anything about it. The parties in question have been known to not only shoot on their property but also on the government owned property directly south of our home. It is extremely loud and disturbs the peace and quiet of our home. Our dogs are very bothered by the sound of the shooting and will often go into barking frenzies when the shooting is occurring. I also have several neurological conditions that leave me dealing with headaches. The barking and shooting acerbates the pain level and duration of said headaches. The shooting can continue for hours especially on the weekends and disturbs the peace we moved into the “country” to obtain. This can also interfere with my work which I often do on weekends. I am a rater of TOEFL tests for ETS and have to listen to audio recordings closely and accurately in order to give a score. With the shooting and barking it proves to be nearly impossible to correctly do my job. I believe if they want to continue Cowboy Mounted Shooting it should be done in a less populated area. Not in a neighborhood as congested as ours as people are trying to relax and/or work in peace. Thank you, Tina Bigalk 35946 W Mitchell Dr Tonopah AZ 85354 1 Daniel Johnson (PND) From: Martha Daniels <mdskunk2001@gmail.com> Sent: Tuesday, October 25, 2022 5:55 PM To: Daniel Johnson (PND); Carrie Hirshberg Subject: Mounted shooting Good afternoon Daniel Johnson‐ Our neighborhood is a respectable community with lots of talent and family values. So many of the community members participate in different livestock/agriculture/sports activities. Many times that is why we buy land and property. Mounted shooting is a great activity and I fully support our neighbors (directly behind us) participating in this activity. It is talent and can get others in our community involved in a great sport. The noise is never bothersome, and I have never known our neighbors to participate in the activity at obscene hours. As a family woman who supports the horse agriculture lifestyle I see nothing wrong with them using their home to participate in a sport they love. Hirshberg Performance are hardworking respectable citizens who do lots in our community as they volunteer at their son’s local school, not to mention they help out as neighbors with other activities and things. Allowing them to participate in a passion of mounted shooting would only enhance the community. I also fully understand that mounted shooting is shooting but they use something special for practicing that is less dangerous. I also am aware of the sound, but they have always been respectful on the hours and time for which they practice. I hope this email finds you well. If you have any questions about our support, feel free to call us. 623‐377‐1652 Martha or Brian Brian and Martha Hacker Sent from my iPhone 1 Daniel Johnson (PND) From: Will I Miniatures <williminiatures@gmail.com> Sent: Saturday, October 29, 2022 3:00 PM To: Daniel Johnson (PND) Subject: Case Z2022141- Letter of Opposition Hello, I am Michele Holley 3509 N. 359th Ave. Tonopah AZ 85354. I live directly next door to the applicant, less than 250' from the arena. I am STRONGLY OPPOSED to the discharge of firearms in a residential area with a special use permit. While I do agree that we live in an equine oriented neighborhood, we do not live in a neighborhood where discharging a firearm for sport is something that anyone should have to listen to or be affected by. I have never been ok with the half loads as mentioned in the report. It was made very clear that I and others were very disturbed and unhappy with the shooting. The decision I made to stop the disturbance has led to continuous harassment from the applicant's husband. Please see email sent to Daniel Johnson on 10/28/22 for further information as this was requested to be included in the case report. Approval of this permit will speak volumes to what is allowed in a residential setting. The children that are here, the schools that are not too far away, the local church. Some live in this neighborhood, and no one should be subjected to gunfire while trying to enjoy their properties, relax on a day off or work in their yard. Our grandchildren can't even be outside playing or spending time with our horses due to the gunfire. The noise inside my home is unbelievable. My videos presented are with a cell phone (see attached link). One of the letters of support (Greene) lives approximately 1200' from the applicant, stating they can hear it. Another letter of support (Anderson) who lives further away states they can also hear it. Imagine what it sounds like in my home. 2 My grandchildren, 3 and 6 years old, used to visit quite often. They are afraid to come to "memaws" now due to the shooting. They used to enjoy spending time here, riding tricycles and bikes or spending time with their "ponies". Their parents have made the decision to not subject them to gunfire and I agree. They no longer visit and are missing out on time with their ponies. We leave our property to visit with them. We should not have to leave our home and property to spend time with our grandchildren because of gunfire in the neighborhood! There are facilities for the proposed activity, the applicant has used these before. Larken Arena can be used anytime for a donation and is not far. You can hold clinics, mounted shooting training, etc. Very nice place. This is non-harmonious to a residential neighborhood, and the residents should not be negatively affected by this activity. Cowboy mounted shooting is mentioned in bold letters as being "non-harmonious and not an activity permitted as an accessory use to a single family residence in a rural zoning district". Also states, "that the discharge of a firearm is not harmonious to a residential neighborhood". 10/15/22 The neighborhood endured more than 200 discharged rounds. Would you like to be subjected to that while on your day off, enjoying your property and having coffee? I don't think you would. Why would anyone approve an activity like this, putting resident's well-being and mental health at risk. Having to listen to gunfire in and around your own home is not normal and NOT something anyone should have to adjust to and live with. Michele Holley https://www.youtube.com/watch?v=dplqkY8NBT8&list=PLK4HA I2hp6yott-Hs0XRd6ED_El130EhX These have sound , would like them viewed at the Planning and Zoning Commission meeting on Nov 3, 2022 , These are HALF loads ! 3 ‐‐ www.williminiatures.com 928‐916‐3556 Will I Miniatures LLC Quality Correct Miniature Appaloosa Horses To: Daniel Johnson Maricopa County District 5 Rural 43 October 6, 2022 RE: Support for Special Use Permit Z2022141 My name is Eric Island this letter represents the views, opinions, and comments of both my wife, Robbin Island and me. This letter is in response to the actions being taken against Carrie Hirshberg. We live at 3825 N. 359th Ave, Tonopah AZ 85354, not too far from Carrie Hirshberg. We moved to this particular property for several reasons. First, this is considered a rural property, things here are different than inside the city. People move here with the intention of being able to do what they want, when the want. We live on a dirt road off another dirt road. It is hot, it is dusty, you have smells from animals, noises from animals, if you stay awhile, you may even catch animals in the act. We have a neighbor that likes loud music, luckily, I like his music. But if I did not like his music, I would keep that to myself. Another reason we bought this property was because it was an equine area without an HOA. "A homeowner's association (HOA) is an organization in a subdivision, planned community or condominium that makes and enforces rules for the properties within its jurisdiction. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues, known as HOA fees. Some associations can be very restrictive about what members can do with their properties." An HOA is typically established to make and enforce rule regarding the properties within the jurisdiction. And while they play an essential role in maintaining a community's guidelines, HOA's can, at times, feel overbearing because of the many guidelines and restrictions they put in place. Our properties are not in an HOA and therefore neighbors do not need to be restricting each other's activities. We say all of that to make this point. We do not live in an HOA, in fact, Tonopah is an unincorporated community. People move to the area we live in, to have the ability to do as they please. We are in the RV business, and we bring home RV's all the time. In other neighborhoods that would never be allowed. We also have several types of livestock on our ranch. As previously mentioned, there are sounds and smells that neighbors may not like, but we believe when you buy in to this type of neighborhood, you accept those things. People that want to live under a rule of thumb, regulations, guidelines, and enforcement should go live in an equine HOA. We lived in one, there are lots of them in Arizona and they are designed to keep everything a certain way. People who do not appreciate our way of life should find an area they like. We do not want them moving in and expect to change our way of life. Where we live is within 10 miles of 1-10, a dairy, a nuclear plant, and a major truck stop. All those things were there when we moved there. We believe all those things were there when every house in the area was built and occupied. We can hear the traffic from l-10 at our house and we can hear the jets from Luke AFB at our house. The jets and the traffic are more annoying than the sounds of a cap gun sound down the street. Our goats really dislike the jets, our goats do not notice the cap gun sound. We also have sheep; sheep are spooked easily, and they are not bothered by the cap gun sound. In our area there are several people with businesses at their homes. Entrepreneurship and the freedom to make a living is the way of America and Arizona. People have the right to make a living in the fashion they see fit. Carrie boards about 5 horses, teaches people equine skills, and seems to have a unique business. I would state that is "A GREAT THING." That spirit is what created Arizona, and it is the spirit that pushes Arizona to being the greatest state in the Union. Now to the point. Carrie Hirshberg performs mounted shooting at her horse arena. Good for Carrie, it is a wonderful thing. In our house we cannot hear the shots. If we are outside, we can hear the shots. The shots sound like a child's cap gun. The noise is barely audible and does not bother us or our animals. As we mentioned before, we have a neighbor who plays loud music. We can guarantee his music is much more audible than the cap gun sound from Carrie's house. We had a neighbor who was previously involved in mounted shooting. We could see him riding and hear the shots, but it never bothered us or our animals. We make mention of this because he was shooting full loads and Carrie is shooting half loads. It should be noted that we have absolutely no problem with Carrie Hirshberg performing her mounted shooting. We do not believe anyone should be restricted in what they do out here if it does not endanger others. Shooting blanks from a horse does not endanger anyone. We are unable to make it to this hearing due to work obligations. Feel free to call and we can discuss further if necessary. 602-714-0629 Thank you for your time, Eric and Robbin Island 1 Daniel Johnson (PND) From: Will I Miniatures <williminiatures@gmail.com> Sent: Saturday, October 29, 2022 11:43 AM To: Daniel Johnson (PND) Subject: Case# Z2022141- Letter of Opposition Shaun Holley 3509 N. 359th Ave Tonopah AZ 85354 Hello, I am strongly opposed to gunfire in a residential area, be it rural or urban. This type of activity is detrimental to the peaceful, harmonious balance that has been in our neighborhood for years. There are long term residents here that have had their peace and tranquility destroyed, as well as mine. Those that have purchased homes in the last year, made the decision (in part) based on the quiet and peaceful neighborhood presented by their respective agents. That highly desired attribute for these folks has been destroyed by the discharge of firearms in the neighborhood. The percussion from the discharged rounds can be felt if I am outside and the sound can be heard from inside my home. My residence is approximately 230-250' from the shooting area. The sound can be heard inside residences as far as a 1000' feet away, and can be heard outside at a distance of 1/4 mile. No one should have permission to disturb any resident of any neighborhood with gunfire. A minimum of 200 rounds were discharged during a 3 hour period on multiple days since the TUP was approved. All on the weekend when trying to enjoy time off, visiting with family and working on my property. 2 Cowboy mounted shooting is specifically mentioned in a Departmental Directive (DD-2017-04), as not being permitted in any zoning district. (Summarized). To be identified in a directive should speak for itself. The activity has presented issues to the County in the past and affected neighborhoods as well. Discharging firearms in a residential neighborhood, unless for self protection, protection of property or law enforcement activities should not be allowed. I am not opposed to guns. I own guns of all types. I have hunted every area in the state of AZ in the last 50 years. I target practice at times with small caliber handguns and rifles. All these activities are conducted in the proper setting, be it in an authorized hunting area or a shooting range. Visiting family members and friends of the residents within this neighborhood should not be subjected to the activity either. Children should not be subjected to gunfire unless they are being instructed in the proper setting.. Their homes and their neighborhoods should be their "safe" area. School age children are involved in drills at school with their Teachers through guidance provided by the State. Some of these drills have to do with recognizing a threat, and that threat is the sound of gunfire. You don't know what is going on in a child's mind when they hear gunfire in their "safe" area after being through a drill. Children along with faculty and staff have enough to deal with. let's not (potentially) increase that stress level, or create a sense of complacency about gunfire when in fact the gunfire heard could be a real threat. Sincerely, Shaun Holley 3 ‐‐ www.williminiatures.com 928‐916‐3556 Will I Miniatures LLC Quality Correct Miniature Appaloosa Horses 1 Daniel Johnson (PND) From: Rachel Applegate (PND) Sent: Tuesday, November 15, 2022 6:56 AM To: Daniel Johnson (PND) Subject: FW: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation From: noreply@civicplus.com <noreply@civicplus.com> Sent: Monday, November 14, 2022 4:28 PM To: PND PZAppeal <PNDPZAppeal@maricopa.gov> Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation Appeal of Planning and Zoning Commission Recommendation Appeal Form If the Planning & Zoning Commission recommends approval of a particular case it will be placed on a consent agenda for the Board of Supervisors hearing. However, if this appeal form is received within 15 calendar days following Commission hearing, then the agenda item will be placed on the regular agenda for the Board of Supervisors hearing. Name Peter Furlow Email Address peterfurlow@gmail.com Address 7144 E Stetson Dr., Suite 300 City Scottsdale State Arizona Zip Code 85251 Phone Number 4025758000 Fax Number Field not completed. Case Number / Project Name Z2022141/ Cowboy Mounted Shooting Training with Half Loads Planning & Zoning Commission Hearing Date November 3, 2022 Reason for the Appeal of the Subject Case This Special Use Permit should be denied for a multitude of reasons. First, the applicant has a history of violations on the property, including for the unpermitted use as an equestrian mounted shooting arena (V202101839). Second, the 2 oppositions voices were not heard at Planning Commission. They were stifled by the proponents of the case, and putting this on the consent agenda will only further this treatment of not hearing out the strong opposition to this case. Third, the noise caused by the discharging of the firearm is heard from neighboring properties as well as from inside the homes of some neighboring properties. The half-loads the applicant uses is still too disruptive. There needs to be more remedial measures. Finally, there were four (4) letters of opposition sent directly to staff. There is going to be more for Board of Supervisors. Therefore, this should not be placed on the consent agenda. Electronic Signature Agreement I agree. Electronic Signature Peter Furlow Email not displaying correctly? View it in your browser.