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June 14, 2023 Z2023019 Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: June 14, 2023 Case #/Title: Z2023019 – Bell & 114th Avenue Billboard Supervisor District: 4 Applicant/Owner: Bill Lally, Tiffany and Bosco / Nirfas Investments, LLC Request: Special Use Permit (SUP) for a billboard relocation Site Location: Generally located at the SEC of W. Bell Road and N. 114th Avenue in the Sun City area Site Size: Approximately 1.3 acres County Island Status: N/A Additional Comments: The applicant is requesting an SUP to relocate an existing legal non- conforming (LNC) static billboard 23’ west for a minimum separation distance from an adjacent billboard of 899’, in addition to raising the billboard to 49’ and increasing the size of the sign face to 672 sq. ft. There is no known opposition. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 5/11/23, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023019, subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “11321 W. Bell Road Billboard SUP Site Plan“, consisting of 2 full-size sheets, dated March 23, 2023, 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 “Bell Road & 114th Avenue – Outfront Billboard Relocation”, consisting of 9 pages, dated March 24, 2023, except as modified by the following conditions. c. The following standards shall apply: 1. Minimum billboard separation distance: 899’ June 14, 2023 Z2023019 Page 2 of 2 2. Maximum sign height: 49’ (45’ to the top of the sign face) 3. Maximum size of sign face: 672 sq. ft. d. The following engineering conditions shall apply: 1. Applicant shall be responsible for coordinating any requirements that may be imposed by the City of Surprise due to ROW on Bell Road. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 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. Presented by: Joel Landis, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 5/11/23 P&Z Packet (21 pages) Note: 5/11/23 Draft P&Z Minutes are not available as of the writing of this report but can be provided upon request later when available. Z2023019 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2023019 – Bell & 114th Ave. Billboard Hearing Date: May 11, 2023 Supervisor District: 4 Applicant: Bill Lally, Tiffany & Bosco Owner: Nirfas Investments, LLC Requests: Special Use Permit (SUP) in the C-2 zoning district for a Billboard Relocation Site Location: Generally located at the SEC of W. Bell Road and N. 114th Avenue in the Sun City area Site Size: Approximately 1.3 acres Density: N/A County Island: Yes, City of Surprise County Plan: White Tank/Grand Avenue Area Plan – Rural (0-1 d.u./ac) Municipal Plan: N/A Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2023019 Page 2 of 7 Project Summary: 1. Bill Lally on behalf of Tiffany & Bosco is requesting a Special Use Permit (SUP) to facilitate the moving of an existing 14’ x 42’ static billboard 23’ west on the subject parcel. The applicant is applying for this SUP due to the existing billboard not meeting the 1,000’ spacing requirements from other billboards per MCZO 1403.3.1.A.1.B, with an existing billboard approximately 899’ west at the southwest corner of Bell Rd. and 114th Avenue. It should be noted the billboard, in its current location, would also not meet this distancing requirement. The applicant is also requesting to vary the maximum billboard height from 30’ to 49’ (45’ to the top of the sign face with an additional 4’ for overhead lighting), as well as an increase in the maximum allowable sign face from 300’ to 672’. Both requests were granted in a prior entitlement case regarding the billboard, BA2017024. Finally, the applicant is proposing to rebuild the billboard in the new location in a ‘v’ shape to allow for added visibility along the Bell Rd. right of way. The existing billboard would be removed and the new billboard would remain static. 2. Available records indicate a sign permit (permit 84-1275). was applied for on the subject site in 1984. In 1988, four more permits were applied for regarding the size and location of the sign (permits 88-4198, 88-4263- 88-4284, and 88-4875). The purpose of the variance request in 2017 was to remove and reconstruct the billboard in the same location, which is essentially on top of the eastern parcel line of the subject parcel. However, staff findings at the time indicated that the subject billboard would not be allowed to obtain legal non-conforming status due to several lot splits and parcel reconfigurations. 3. BA2017024 was approved by the Board of Adjustment. However, issues regarding an existing easement at the billboard site prevented reconstruction of the billboard in its current location and it remains as it was prior to the variance. Images provided by the applicant of the existing billboard show that portions of the billboard are obscured by foliage when driving eastbound on Bell Rd. Last, it should be noted that the billboard for which the distance relief is requested is itself subject to a variance which allows for increased sign and sign face size under variance BA2016029. 4. The below chart shows the existing zoning standards which are to be varied as part of this application. Z2023019 Page 3 of 7 Zoning map of the site, oriented north Aerial map of the site and adjacent billboard site, oriented north Z2023019 Page 4 of 7 Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: C-2 / Commercial/offices North: Bell Rd then Surprise PAD / Commercial/offices South: C-2 / Covered parking East: Rural-43 / Vacant West: C-2 / Offices Z2023019 Page 5 of 7 Utilities and Services: 6. Water: EPCOR Electrical: APS Police: Maricopa County Sheriffs Office Right-of-Way: 7. 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 Bell Rd 70’ 70’ Parkway (Surprise) Adopted Plan: 8. Vision 2030 Comprehensive Plan (adopted January 13, 2018): Property is designated Rural Development Area (0-1 d.u / ac.). Public Participation Summary: 9. The applicant complied with the Maricopa County Citizen Review Process with the required posting of the property and notification by first class mail to adjacent property owners within 300’ of the subject parcel and interested parties. Neither the applicant nor staff received any calls or letters of opposition as of the writing of this staff report. Outstanding Concerns from Reviewing Agencies: 10. N/A. Staff Analysis: 11. Staff supports the proposed billboard relocation as its relocation will allow for better visibility of the billboard and is consistent with past entitlements on this site. The existing billboard is already noncompliant with the distancing requirement – moving the billboard west 23’ is a negligible difference. The proposed height and size of the billboard face both have precedent through the prior granted variance approval. The applicant submitted all documents required to meet public participation requirements. Staff notified the City of Surprise about the request and received no comments. Staff received no public opposition and reviewing agencies (Engineering and Environmental Services) have no objections to the request. Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023019 subject to the following conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “11321 W. Bell Road Billboard SUP Site Plan“, consisting of 2 full-size sheets, dated March 23, 2023, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and Z2023019 Page 6 of 7 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 “Bell Road & 114th Avenue – Outfront Billboard Relocation”, consisting of 9 pages, dated March 24, 2023, except as modified by the following conditions. c. The following standards shall apply: 1. Minimum billboard separation distance: 899’ 2. Maximum sign height: 49’ (45’ to the top of the sign face) 3. Maximum size of sign face: 672 sq. ft. d. The following engineering conditions shall apply: 1. Applicant shall be responsible for coordinating any requirements that may be imposed by the City of Surprise due to ROW on Bell Road. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 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. Presented by: Joel Landis, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Application Form (1 page) Z2023019 Page 7 of 7 Site Plan (2 pages) Narrative Report (9 pages) Engineering Comments (1 page) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 2 approx. Generated April 28, 2023 11:54 AM Z2023019 Application Name: Legal Description Bell & 114th Ave. Billboard PSEIS Applicant Case Address T04N R01E 031, BILL LALLY for TIFFANY & BOSCO 11321 W BELL Rd Applicant Phone/Email Parcel Primary:200-13-018N 602.255.6000 WEL@TBLAW.COM SURPRISE AZ 85378 Map scale 1:780 Supervisor District No. BELL & 114TH AVE BILLBOARD 5.3585 in 01 VICINITY MAP 11321 W. BELL ROAD BILLBOARD SUP SITE PLAN A PORTION OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST AND THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EASTOF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA LEGAL DESCRIPTION CERTIFICATION NOTES PROPERTY OWNER SURVEY PREPARED FOR BILLBOARD SUP SITE PLAN CVL Contact: CVL Project #: SHEET OF Printed By: MikeS Print Date: March 23, 2023 Filename: N:\01\0316701\Cadd\ALTA\114th & Bell\VS.EXHIBIT.dwg DATE NO. REVISION 11321 W. BELL ROAD MARICOPA COUNTY, ARIZONA B. HAIR 1-01-03167-1 02 Coe & Van Loo Consultants, Inc. © 2022 Coe & Van Loo Consultants, Inc. All rights reserved to reproduction in any format 4550 North 12th Street Phoenix, Arizona 85014 602-264-6831 www.cvlci.com BELL ROAD SITE SUMMARY TABLE LEGEND LINE TABLE NO. BEARING LENGTH BILLBOARD SUP SITE PLAN CVL Contact: CVL Project #: SHEET OF Printed By: MikeS Print Date: March 23, 2023 Filename: N:\01\0316701\Cadd\ALTA\114th & Bell\VS.EXHIBIT.dwg DATE NO. REVISION 11321 W. BELL ROAD MARICOPA COUNTY, ARIZONA B. HAIR 1-01-03167-1 02 Coe & Van Loo Consultants, Inc. © 2022 Coe & Van Loo Consultants, Inc. All rights reserved to reproduction in any format 4550 North 12th Street Phoenix, Arizona 85014 602-264-6831 www.cvlci.com 02 LEGEND BELL ROAD C AC MEDIAN ISLAND Bell Road & 114th Avenue – Outfront Billboard Relocation Special Use Permit (SUP) Request APN: 200-13-018N Address: 11321 W. Bell Rd. Surprise, Arizona 85378 General Location: East of southeast corner of Bell Rd. & 114th Ave. Case # Z2023019 1st Submittal Date: February 8, 2023 2nd Submittal Date: March 24, 2023 Page | 2 Purpose of Request This proposal is to establish a Special Use Permit (SUP) for a static billboard (offsite advertising sign) relocation of an existing Outfront sign on the subject parcel, APN 200- 13-018N (the “Property”), a 1.32-acre site. The Property is zoned C-2 with an existing commercial/office multi-building and tenant site known as Citrus Point. The subject site is zoned C-2, which was established with the original Rezone case # Z82-97) approved back in 1982. No other changes to the existing site are being proposed other than the billboard relocation with this SUP proposal. See Figure 1 for site aerial. Description of Proposal The Property location is adjacent to Bell Rd. to the north and approximately 400’ east of the southeast corner of Bell Road and 114th Avenue. The existing billboard is located at the northeastern perimeter of the parcel. The Property is accessed via single driveway to Bell Road, with cross access to adjacent parcel to the west (also part of Citrus Point). The existing commercial center and the existing billboard was developed from around 2003- 2004. Although, historical aerials show that a billboard has been on the Property since around 1996 (near center of parcel), which was subsequently relocated to its current position at the northeast portion of the site. See Exhibit 1 for historical site aerial photography. A variance case was approved on September 14, 2017 (case # BA2017024) by the Maricopa County Board of Adjustment (BOA). This variance entitled a sign height up to 45’, allowed an existing 672 sq. ft. sign area, a 0’ setback from the eastern property line, and added lighting allowance. However, these approved changes were never completed due to an underground utility easement, which contained 3 separate underground utility lines and prevented the reconstruction of the existing sign in its current location. The applicant is proposing to relocate the existing billboard slightly west of its current location on the same Property. The current billboard is 24’ in height with a 14’ x 48’ (672 sq. ft.) sign face and dual-faced. The proposed billboard relocation would be a new v- shaped, dual-faced structure with added top down illumination. The new billboard would keep the 672 sq. ft. sign face and would increase the height to 45’ (with an extra 4' for required top-down lighting) as originally intended and approved with the related variance. This would allow the sign to clear the existing building height and provide greater visibility with existing site vegetation and road elevation changes obstructing the views. See Exhibit 2 for street views of existing billboard and proposed billboard relocation. As part of this SUP request, a relief from the min. 1,000’ billboard separation requirement per Maricopa County Zoning Ordinance (MCZO) Article 1403.3.1.A.1.b is included as part of this proposal. An existing billboard located to the west of the Property on APN 200-57-933A (SWC of 114th Ave. and Bell Rd.) will be approximately 899’ separation distance from the subject relocation billboard. The related approved variance (BA2017024) permitted the separation distance from this same billboard. Page | 3 However, the subject requested relocation will be slightly west of the existing billboard to be removed. It should be noted that this other existing billboard also received a variance (BA2016029) to increase sign height and sign face sizes, which match the subject request billboard dimensions. SUP Standard Table Regulation MCZO Art. 1403.3.1 Proposed SUP Standards Minimum Billboard Separation Distance (from APN 200-57-933A) 1,000’ separation 899’ Maximum Billboard Height 30’ 49’ (includes top-down lighting) Maximum Sign Face Square Feet 300 sq. ft. 672 sq. ft. Figure 1: 2022 Aerial of Subject Site Page | 4 Relationship to Surrounding Properties Contiguous properties to the subject site have commercial zoning and land uses. Parcels to the west, south, and southwest are all part of the same Citrus Point commercial multi- tenant center. To the north is Bell Rd. and east is Bell Rd. right-of-way and a vacant parcel. See Figure 2: Zoning Map. North: Bell Road South: Zoned C-2 – Covered parking for Citrus Point. East: Partially Zone RU-43 – Bell Road right-of-way and vacant parcel. West: Zoned C-2 – Part of Citrus Point parking lot and multi-tenant building. Figure 2: Zoning Map Location, Accessibility, and Circulation As previously described, the site will be accessed from Bell Road via existing driveway. There are a sufficient number of existing parking lot spaces in the Citrus Point plaza for parking to conduct maintenance of the billboard. Development Schedule Permits for the new billboard and removal of the exiting billboard will be submitted once the SUP approved. Page | 5 Public Utilities and Services Water & Wastewater: EPCOR Electrical: APS Police: Maricopa County Conclusion The proposed relocation of the existing billboard will allow for a new structure, this change will improve views that will be unobstructed for traffic traveling east and west on Bell Rd. The sign will have the same height and sign face dimensions as approved and intended to be built with the related approved variance (BA2017024). The 45’ height and 672 sq. ft. sign faces would also match the existing billboard to the west of the subject site. As shown on the site plan, the billboard will be located approximately 160’ from the R1-6 zoned Citrus Point residential subdivision to the south. Thus, the sign will meet the minimum 150’ requirement from residential zoning for an illuminated (static) billboard. The v-shaped billboard structure will also face away from these residences and towards Bell Road, limiting any light pollution. Across Bell Rd. to the north is a commercial shopping center known as Bellmar Plaza and adjacent to the west is a QuikTrip gas station. The Property is an ideal location with other surrounding commercial uses along a major arterial to continue billboard advertising that has existed on the lot for at least the last 25 years. Page | 6 Exhibit 1: Historical Site Aerials 1996 2000 Page | 7 2004 2015 Page | 8 Exhibit 2: Google Street Views/Proposed Billboard Elevations Obstructed View of Existing Billboard - Driving East on Bell Road Mock View of Proposed Billboard Relocation - Driving East on Bell Road Page | 9 View of Existing Billboard – Driving West on Bell Road Mock View of Proposed Billboard Relocation - Driving West on Bell Road Krystina Pacheco, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-8790 www.maricopa.gov/planning Email address: krystina.pacheco@maricopa.gov Planning & Development Engineering Plan Review Date: March 1, 2023 Memo To: Darren Gerard, Planning Manager, Planning & Development Attn: Joel Landis, Planner, Planning and Development From: Krystina Pacheco, Plans Examiner Engineer, Planning and Development cc: Michael Norris, P.E., Engineering Manager, Planning and Development Subject: Z2023019 – SUP to Convert Existing Billboard to Digital (E1 Memo) Job Site Address: 11321 W Bell Rd, Surprise APN(s): 200‐13‐018N PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the SUP application routed for review on January 25, 2022. PND Engineering has no comments or objections subject to the following conditions: 1. Applicant shall be responsible for coordinating any requirements that may be imposed by the City of Surprise due to ROW on Bell Road. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. Please contact me if you have any questions or require any additional information.