Summary:
Cowtown is located within the northern area of the City of Peoria. It is approximately 78 acres in size and located at the northwest corner of Old Carefree Highway and 104th Avenue. Over the years, Cowtown has been the host of movie and television productions, western shooting clubs, corporate events, festivals and parties, shooting competitions, firearm training classes, and advanced training in long range marksmanship classes for police, military and civilian instructors. These uses continue on the property presently; however, said uses were not clearly defined in sufficient detail within the initial zoning case to adequately reflect the character and nature of Cowtown. Accordingly, the Owner is requesting to rezone the approximately 78 acre Cowtown Property from Special Use (SU) and Flood Plain (FP) to Cowtown Planned Area Development (Cowtown PAD), to better define the particular unique land uses, development standards, and operational criteria for Cowtown.
Adjacent Uses and Zoning
Surrounding the Property to the south, west, and north are undeveloped Arizona State Land Trust parcels, which are managed by the Arizona State Land Department. Beyond these parcels are three large master planned communities, Lake Pleasant Heights (1.2 miles away), Saddleback Heights (2.5 miles away), and Vistancia (2.9 miles away). The intervening terrain is topographically rugged and provides a physical barrier between Cowtown and these properties. (See Exhibit 1) Additionally, photographs within the Cowtown PAD Standards and Guidelines report within Exhibit 3 illustrate the mountainous and rugged conditions within and immediately surrounding the property.
This Property is adjacent to the Agua Fria Wash, along its eastern border. Beyond the wash is an undeveloped 420+ acre parcel of land, an unoccupied APS substation property, and Canyon Raceway. Turf Soaring School is also in the vicinity at the northwest corner of Lake Pleasant Parkway and Carefree Road. Land utilized for the Canyon Raceway and Turf Soaring School is leased from the Arizona State Land Department.
Entitlement History
The property was purchased in 1974, and developed within unincorporated Maricopa County as a venue for outdoor entertainment events, which were oriented towards old west activities and film productions. The current ownership group took over Cowtown’s operations prior to annexation into the City of Peoria. Shortly after the ownership change, firearm training and marksmanship classes were incorporated into Cowtown. The following is a synopsis of the property’s entitlement history:
Pre-Annexation and Annexation:
- Maricopa County Board of Supervisors approved Case Z77-114 providing a Special Use Permit for an “amusement park” on the Cowtown site (12/8/77).
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The City annexed the Property in 1994 as part of a regional annexation plan (Ord 94-03). The property owner agreed to the annexation with the understanding that the land uses on the property (at the time of annexation) would be recognized and grandfathered. Accordingly, Peoria City Manager, Peter Harvey, issued a letter that outlined the City’s position regarding the land uses on the property, which is discussed further below.
Zoning:
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Pursuant to Arizona Revised State Statutes and the Peoria City Code, the City is required to assign City zoning to a property within a specified timeframe from the date of annexation.
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Per State Statute, the initial corresponding zoning shall not permit densities and uses more intense that those permitted by the County prior to annexation.
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At the time, the closest City of Peoria zoning district to Maricopa County Rural-43 with Special Use Permit was City of Peoria Special Use (SU) and Flood Plain (FP) Districts. Subsequently on April 6, 1994, the City Council approved Case Z94-06, establishing the SU and FP zoning districts on Cowtown (Exhibit 2).
Land Uses
Prior to annexation into the City, the Cowtown facility hosted an array of recreational and entertainment activities. It has been determined that the existing uses have been continued, in some capacity, on the property prior to annexation and approval of initial zoning by the city. While it was the intent of the 1994 letter to generally identify and to the extent permitted by law, to “grandfather” those existing uses, buildings and structures on the property, ambiguity remained in interpreting applicable development standards and operational expectations. Thus, City staff concurred that rezoning the property to PAD will assist in clearly defining land uses approved in conjunction with the initial zoning case, as well as identify the relevant development and performance standards for Cowtown. The general layout of the various uses within the Cowtown facility is shown in the Applicant’s site plan within the Cowtown PAD Standards and Guidelines Report, and the conceptual fence plan is shown within Exhibit 3.
There are special and specific land use considerations associated with designing, maintaining, and managing this type of facility which are outside of city staff’s normal proficiency; however, they are within Cowtown’s expertise. More specifically, the Owner selected a consultant with relevant and knowledgeable expertise in the design and management of outdoor shooting ranges to review the details of Cowtown’s operations.
The consultant has stated that Cowtown “demonstrates that their operations will meet these criteria and be in compliance with appropriate safety and management concerns.” Over time, there may be industry changes or circumstances that warrant modifications to Cowtown’s operations to maintain “best management practices”. The accompanying Memorandum of Understanding request is scheduled for the same meeting and outlines the proposed commitments and performance measures associated with Cowtown’s shooting range activities.
Utilities
The City does not have water or sewer systems within the area to serve the property. Water is brought into the site on an “as needed basis” when special events are being held. Onsite water storage will be increased to meet the needs of any future enhancements or expansion of the facilities. Likewise, while portable toilets are brought onsite to accommodate special events. Because the City later repealed the FP Zoning District, infrastructure improvements to the property are difficult to accomplish. The PAD request will allow the Owner to expand capacity or provide permanent facilities to meet the needs of future enhancements/expansion when those specific improvements are identified.
Public Safety
Given the limited infrastructure available on the site, the Cowtown PAD outlines the various conditions when additional review criteria become applicable. More specifically, it outlines the criteria when the Owner is required to submit for a Temporary Use Permit, or a Fire Department Operational Permit, prior to certain special events or uses occurring on the site.
For safety considerations, the Owner has agreed to fence and sign the entire property as specified in the Conceptual Fence Plan within Exhibit 3. Because of the topographical conditions, and to maintain existing wildlife corridors, posts may be substituted in lieu of the fencing.
Public Participation:
Public Noticing:
Public notice was provided in the manner prescribed under Section 21-315 of the Zoning Ordinance. Posting of the site was completed within the prescribed number of days prior to the Public Hearing.
Support / Opposition:
- No support or opposition received prior to November 2, 2017 Planning and Zoning Commission meeting.
- On November 2, 2017, the City received a Letter of Opposition from the Arizona State Land Department (ASLD), as shown in Exhibit 4.
- Subsequent to the November 2, 2017 Planning and Zoning Commission hearing, ASLD and the Applicant met to discuss the key areas of concerns and began negotiating the terms of a potential agreement between the two parties. (A copy of all correspondence with ASLD between November 2, 2017 through February 22, 2018 is provided within Exhibit 3.)
- On February 28, 2018, the City received an email from Wesley Mehl, Deputy Land Commissioner for the Arizona State Land Department. In the email, Deputy Land Commissioner Mehl states that the Arizona State Land Department withdraws its objection to the Cowtown Rezoning Application. (Exhibit 4)