By Philip Haldiman, Independent Newsmedia

A case to rezone Cowtown in North Peoria has been postponed because an agreement has not been reached between the shooting facility and the Arizona State Land Department, which states surrounding state trust land has been contaminated with lead from discharged ammunition.

Planner Lorie Dever said ASLD has not rescinded their letter of opposition to the rezoning, so the case has been rescheduled to be heard by the Planning Commission March 1.

“There is a material item they wish to work toward and that may take some time,” she said. “While the agreement with state land and the applicant is outside the purview of the zoning application, staff is making the recommendation to not move the case forward until the letter of opposition has been rescinded. So we are consequently changing our recommendation.”

Brian Greathouse, a land use lawyer representing Cowtown, said the applicant wants to come to an agreement, but it has taken longer than desired.

“We are supportive of a continuance,” Mr. Greathouse said. “We have been and we will continue to work with the state land department. We are ready to hammer this out, but the state is a large organization and not as nimble as well are, so it has been a challenge getting it done. That is the only hindrance. All the terms and everything has been progressing to what we have been talking about for the last couple months.”

ASLD spokesman Mark Scarp confirmed the state and Cowtown  are in discussions to remediate the issue.

“We are still talking with representatives of Cowtown and are hopeful that we will have an agreement by March 1,” he stated in an email.

Over the years, Cowtown, 10402 W. Old Carefree Highway, has hosted a variety of recreational and entertainment activities, including shooting competitions, firearm training classes, and advanced training.

Last year, the department commissioned an environmental assessment on surrounding land and confirmed lead contamination was found near the south-central portion of Cowtown and recommended it be more fully studied and that contaminated soil be removed and disposed of in accordance with regulatory requirements.

Aside from ammunition trespasses, the department also says other trespasses onto state trust land have occurred, including roads, fences and shooting targets.

State officials not only have health and safety concerns about the facility and its uses, but fiduciary concerns as the lands it manages generates revenues for Arizona’s K-12 public schools, and protects against actions that could devalue those lands.

Consequently, ASLD is requesting Cowtown remove any roads or fences that are in trespass on state trust land and restore grading and vegetation to match adjacent undisturbed areas; conduct lead sampling and remediation; and identify measures to safeguard against a recurrence of physical trespass and lead contamination.

Contamination  and trespasses publicly surfaced when, in November, Cowtown converted the business to a private membership model and started completing the process of rezoning the property from Special Use Permit and Floodplain to Cowtown Planned Area Development to clarify allowed uses, development standards and operational criteria to reflect the character and nature of Cowtown.

The study is a Phase 1 Environmental Assessment, which is generally conducted to help land owners determine soil or groundwater contamination that could affect their property value.

Jon Chorover, professor and head of the Department of Soil, Water and Environmental Science at University of Arizona, said all lead contamination is potentially harmful, but it is primarily a matter of concentration. He said higher concentrations are more likely to be harmful and concentrations above the remedial action limits set by the state are a significant concern and should be remediated to decrease potential human and wildlife exposures.

The study, performed by AECOM Technical Services, included eight samples taken near the southern portion of Cowtown, with one sample reaching high levels of lead contamination.

Mr. Chorover said that sample was well above remedial action limits, and about 50 times higher than the average lead concentration in Maricopa County soils. The study recommended the contamination be more fully studied and that contaminated soil be removed and disposed of in accordance with regulatory requirements.

Mr. Chorover said there is no way of telling from the relatively small number of samples taken how contaminated the site is, and how the lead is distributed across the site, but there is some lead contamination

“The study indicates that there are very high variations in lead contamination, but they can’t be assessed on the basis of eight samples, and a more systematic study should be done,” he said. “If it turns out  the land is contaminated to unsafe levels, and there are, on average, significant areas above remedial action limits, that could diminish the value of land to be sold in it’s current condition.”

Peoria annexed Cowtown in 1994 as part of a regional annexation plan, and the new property owner, Rick C. Shaw, who bought it as a supplement to his shooting range and gun store Shooters World, introduced shooting to the property. The land was annexed into Peoria under the existing uses, which included shooting. It is around this time when the shooting range appeared to encroach on the south-central portion of state trust land, according the study.

Paul Westerhoff, vice dean for research and innovation at ASU’s Ira A. Fulton Schools of Engineering, cautioned the study conducted is a very early step in the site assessment, and the extent of the contamination has yet to be determined.

“Is (the contamination) on the surface? Is it spread out?  More statistical sampling and strategic studying can be done to understand how wide spread it is,” Mr. Westerhoff said.

If you go

What: Peoria Planning Commission meeting. Commissioners are scheduled to hear the Cowtown rezoning case.

When: March 1

Where: Peoria City Council chamber, 8401 W. Monroe St.

Details: peoriaaz.gov