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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: February 21, 2018 (Cont. from 2/7/18) Case #/Title: Z2017077 – Clear Channel Outdoor Sign Relocation Supervisor District: 1 Applicant/Owner: Stephen C. Earl of Earl, Curley & Lagarde / Arizona Department of Transportation (ADOT) Request: Zone Change from IND-2 to IND-2 IUPD for an off-site advertising sign (billboard) at an ADOT construction/maintenance yard Site Location: Generally located approximately 1,100’ west of the southwest corner of Center St. & Lehi Rd. in the Mesa area Site Size: Approximately 1.04 acres County Island Status: Yes (City of Mesa) Additional Comments: There are no outstanding concerns from reviewing agencies. There is no known opposition. Commission Recommendation: On 1/11/2018, the Commission voted 7-0 to recommend approval of Z2017077 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in conformance with the Site Plan entitled, “Site Plan for Minor Accessory Construction”, consisting of 2 full-size sheets, stamped received on December 11, 2017 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled, “Clear Channel Outdoor”, consisting of 16 pages, stamped received December 11, 2017 except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply (to the billboard only): Minimum Front Setback: 0’ (adjacent to Lehi Rd. and Loop 202) Maximum Height: 48’ (includes lighting/illumination) Maximum Sign Area: 672 sq. ft. Minimum Sign Separation: 500’ Minimum Setback to a Rural or Residential Zoning District for Illuminated Sign: 0’ Minimum Setback to a Rural or Residential Zoning District: 0’ February 21, 2018 Z2017077 Page 1 of 2 d. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. 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 property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. 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, 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, 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 of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. Presented by: Ray Banker, Planner Reviewed by: Darren Gerard, AICP, Deputy Director Attachments: 1/11/18 P&Z Packet (30 pages) Note: 1/11/18 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. February 21, 2018 Z2017077 Page 2 of 2 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2017077 – Clear Channel Outdoor Sign Relocation Meeting Date: January 11, 2018 Agenda Item: 3 Supervisor District: 1 Applicant: Stephen C. Earl of Earl, Curley & Lagarde Owner: Arizona Department of Transportation (ADOT) Request: Zone Change from IND-2 to IND-2 IUPD for an off-site advertising sign (billboard). Site Location: Generally located approximately 1,100’ west of the southwest corner of Center St. & Lehi Rd. in the Mesa area. Site Size: Approximately 1.04 acres Density: N/A County Island: Yes (City of Mesa) County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Mesa 2040 General Plan: ‘Employment’ Character Area Municipal Comments: None received to date Support/Opposition: None received to date Recommendation: Approve with conditions Agenda Item: 3 – Z2017077 Page 1 of 8 Project Summary: 1. The applicant, Stephen C. Earl of Earl, Curley & Lagarde is requesting a Zone Change for an ADOT owned parcel (APN #136-17-048B) located off Lehi Rd., north of the Loop 202 and east of Country Club Dr. The 1.04 acre subject site is zoned IND-2 and the applicant is requesting the zone change to IND-2 with an Industrial Unit Plan of Development (IUPD) overlay. The proposal is to add an off-site advertising (billboard) sign to the property and request some deviations from standards for the sign through the IUPD overlay. 2. The subject site is currently being used as an ADOT maintenance yard, where the location of the proposed billboard would be on the eastern portion of the parcel to be viewed by traffic on the Loop 202. The applicant is calling this a “relocation” sign as ADOT is proposing to relocate to the subject property from the the existing location that is affected by the South Mountain Freeway construction/widening project. Proposed Site Plan for Billboard (Z2017077) 3. The applicant is proposing a v-shaped, 672 sq. ft. (14’ x 48’), 48’ (h), exterior illuminated billboard. The sign size would be above the 300 sq. ft. maximum allowed and the height would be above the 30’ maximum allowed per Maricopa County Zoning Ordinance (MCZO) Article 1404.3.2. There is also an existing billboard located approximately 500’ west of the subject site on a separate privately owned property where a minimum 1,000’ separation distance is required per the Zoning Ordinance. Lastly, the applicant is requesting a 0’ setback for the billboard from the north and south property lines of the subject parcel. This also applies for the billboard to be 100’ setback from rural zoning (north of site) and 150’ from rural zoning if illuminated where 0’ is requested. Agenda Item: 3 – Z2017077 Page 2 of 8 Proposed Elevation for Billboard 4. The following IUPD chart is to illustrate the requested billboard deviations by the applicant compared with the standards of the MCZO IND-2 Zoning District: IND-2 Base Zoning Proposed IND-2 IUPD Regulation District (Article 902) (Z2017077) Abutting Major Street Front Yard Setback or Highway: 20’; 0’ (Adjacent to Lehi Rd. (minimum) Abutting Local Street: and Loop 202) 10’ Side Yard Setback 3’ (adjacent to IND-2) 3’ (minimum) Rear Yard Setback N/A N/A (minimum) Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Agenda Item: 3 – Z2017077 Page 3 of 8 Minimum Lot Width 60’ 60’ Maximum Lot Coverage 60% 60% The following IUPD chart is to illustrate the requested billboard deviations by the applicant compared with the standards of the MCZO Signage Regulations (Chapter 14): Offsite Sign Regulations Proposed IND-2 IUPD Regulation for IND-2 (Article 1404) (Z2017077) Maximum Sign Height 30’ 48’ Maximum Sign Area 300 sq. ft. 672 sq. ft. Minimum Sign Separation 1,000’ 500’ Minimum Setback to a Rural or Residential Zoning District 150’ 0’ for Illuminated Sign Minimum Setback to a Rural 100’ 0’ or Residential Zoning District Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: IND-2 / ADOT maintenance yard North: Rural-43 (arterial) / Lehi Rd. (ADOT Right-of-Way) South: Freeway Right-of-Way/ Loop 202 ADOT Right-of-Way East: Freeway Right-of-Way / Loop 202 ADOT Right-of-Way West: IND-2 IUPD / Trucking facility Zoning Map of subject and surrounding parcels Agenda Item: 3 – Z2017077 Page 4 of 8 2017 Aerial of subject site and surrounding area Utilities and Services: 6. N/A – ADOT maintained facility Right-of-Way: 7. The existing Right-of-Way for Loop 202 and Lehi Rd. is ADOT maintained and varies in width. Adopted Plans: 8. Vision 2030 Comprehensive Plan - Rural Development Area (0 – 1 d.u./ac.) 9. City of Mesa 2040 General Plan - ‘Employment’ Character Area Public Participation Summary: 10. The applicant complied with the Maricopa County Citizen Review Process by notification through first class mail to adjacent property owners within 300’ of the subject parcel and interested parties as well as the required posting of the site. Staff has not received any comments from the City of Mesa or the public as of writing of this report. The applicant provided staff with a Citizen Participation Results Report (received on 12/14/17) which confirmed that no public response was received. Outstanding Concerns from Reviewing Agencies: 11. N/A Agenda Item: 3 – Z2017077 Page 5 of 8 Staff Analysis: 12. Staff is in support of the proposed Zone Change and deviations requested with the IUPD Overlay for the proposed billboard. It should be noted that the subject site since being an ADOT owned parcel maintenance yard land use and related structures are exempt from zoning requirements. Aerials of the site clearly show that portions of this use and existing structures encroach into the adjacent ROW. Recommendations for approval will only apply to the billboard in question, if the site is sold to a private entity in the future then entitlement would need to be evaluated at that time. The applicant’s narrative report mentions that lighting or illumination for the sign “will consist of two top mounted 400 watt 120 volt incandescent lamps, or other similar and comparable standard illumination, at the base of each sign face and directed at an angle to illuminate the sign faces.” MCZO Article 1112.3.2.1 requires that billboard external lighting can only be top down, where staff will include a condition with the recommendation that the lighting cannot exceed the maximum height of the billboard. Aerial Photo of Subject Site and Surrounding area Billboards 13. Staff notes that that the area around the subject site which is mostly industrial land uses and zoning includes 3 existing billboards that are meant to be viewed by the Loop 202 and 1 billboard to be viewed by Country Club Dr. See aerial image on the previous page for reference. Staff believes that this area is suitable for the proposed billboard given the minimal residential uses in the area, existing conditions of industrial land uses and other billboard signage, and location on the subject site (east side of parcel) is adjacent to ADOT ROW. The requested deviations would allow for optimal viewing from the Loop 202 where there is a bend in the highway and the site being below the height of the Loop 202. The setbacks would be justified given the location on the subject parcel is on an acute angle adjacent to ADOT ROW. Rural zoning can only be found north of the site which would not be facing the proposed sign. Agenda Item: 3 – Z2017077 Page 6 of 8 Recommendation: 14. For the reasons outlined in this report, staff recommends the Commission motion for Approval of Z2017077 with conditions ‘a’ – ‘g’: a. Development of the site shall be in conformance with the Site Plan entitled, “Site Plan for Minor Accessory Construction”, consisting of 2 full-size sheets, stamped received on December 11, 2017 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled, “Clear Channel Outdoor”, consisting of 16 pages, stamped received December 11, 2017 except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply (to the billboard only): Minimum Front Setback: 0’ (adjacent to Lehi Rd. and Loop 202) Maximum Height: 48’ (includes lighting/illumination) Maximum Sign Area: 672 sq. ft. Minimum Sign Separation: 500’ Minimum Setback to a Rural or Residential Zoning District for Illuminated Sign: 0’ Minimum Setback to a Rural or Residential Zoning District: 0’ d. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. 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 property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. 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, 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, 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 of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. Agenda Item: 3 – Z2017077 Page 7 of 8 Presented by: Ray Banker, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Vicinity Map (1 page) Site Plan (reduced 8.5”x11”, 2 pages) Narrative Report (16 pages) Engineering memo (1 page) MCESD memo (1 page) Agenda Item: 3 – Z2017077 Page 8 of 8 ONE MARICOPA COUNTY STOP SHOP ' . 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A Application Name: Clear Channel Outdoor Sign Relocation Legal Description TO1N RO5E 3, TIN RO5E 03 Applicant Applicant Phone/Email 602 265 0094 STEPHEN C EARL for EARL, CURLEY & LAGARDE SEARLAECLLAW COM Z2017077 Case Address Parcel Primary: 136-17-048B 101 W LEHI Rd MESA AZ 85201 Generated December 21, 2017 16:38 PM Gross Acres: 1.04 approx. Map scale 1:2,400 Aerials Sep-Nov 2014 Supervisor District No.1 ZONE CHANGE FROM IND -2 TO IND -2 IUPD FOR AN OFF -SITE ADVERTISING SIGN WE Man-copa County Planning & Development - Phoenix, AZ 5 ONE MARICOPA COUNTY STOP SHOP 1 rx, c 13 136-16-001A 0 z i -W Lehl Rd a .4.1 13" 74143A 136-17444A 1 7 136-17401P 136-17-005H 130-17-005Z ' 202 136-17-047 I- cn cc ILI Z I- 138-17.4305K w 136-17-046 (..) Z ;202 136-174303W 136-17-003Q 13647.030 136-17-037 Application Name: Clear Channel Outdoor Sign Relocation Legal Description TO1N RO5E 3, TIN RO5E 03 Applicant Applicant Phone/Email 602,265.0094 STEPHEN C EARL for EARL, CURLEY & LAGARDE SEARL@ECLLAW.COM Z2017077 Case Address Parcel Primary: 136-17-048B 101 W LEHI Rd MESA AZ 85201 Generated December 21, 2017 16:39 PM Gross Acres: 1.04 approx. Aerials Map scale Sep-Nov 1:6,000 2014 Supervisor District No.1 ZONE CHANGE FROM IND-2 TO IND -2 IUPD FOR AN OFF -SITE ADVERTISING SIGN W+E Maricopa County Planning & Development - Phoenix, AZ SITE PLAN FOR MINOR ACCESSORY CONSTRUCTION FOR CLEAR CHANNEL OUTDOOR REQUEST APPROVAL OF REZONING FROM IND-2 TO IND-2 WITH IUPD OVERLAY NU 1 MESA, AZ 85308 PP° 711IS PROJECT APN 136-17-048B LEGAL DESCRIPTION 331.1.1.133 3o A PARCEL, OF LAND LOCATED IN THE SOUTHWEST DUARTER OF SECTION 3, TOWNSHIP 1 NORTH, I I SITE LOCATION MAP RHODE 5 EAST oF THE GILT AND SALT RIVER MERIDIAN. MARIDOPA 935041?, ARIZONA, AND HONG a, Ow HOSE PARTICULARLY 000001000 AS FOLLOWS: 0119, 125E. SEC 1/4 I I NTS cotaIENCING AT IHE WEST SMARTER CORNER oF SAID sEcnog 3. BEING mantamo6o w514 A I S I MARICOPA COUNTY BRASS CAP ROSH FROM WHICH THE CENTER OF SAID SECTION 3 BEARS NORTH 89 DEGREES 53 KIWIS 27 SECONDS EAST, 2671.13 FEET. BEING MONDITIENTED WITH A BRASS OAP I IN NANDI-ILE; I THENCE NORTH 09 DEGREES 53 MINUTES 27 SUTURES EAST. ALONG AND WITH THE EASTAVEST 111101 PROJECT I MID. SECTION LINE TIT SAID SECTIN 3, 1561.19 FEET TO INC NORTHWESTERLY RIGHT OF WAY LINE 2 Oct OF STATE ROUTE 202. SLING MoNIMENTED WITH 0.11 MOOT BRASS CAP FLUSH: NONELURS ROOT 1 OWNER SITE ACREAGE Oincr THENCE SOUTH 69 DEGREES 45 MINUTES 34 SECONDS WEST. ALONG ALOE WITH SAID NORTHWESTERLY I 1 NIGHT OF WAY LINE, 152.78 FEET TO THE 503119 NIGHT OF WAY LINE OF LOIN ROAD AND THE TRUE CLEAR CHANNEL GROSS AREA 1.049 A. 515,472 SF) 0 0 Ci>„ 0 potNT OF BEGINNING OF RAE HERON OESCRIBED PASTEL: I 1 2325 E CAmEJBACK ROAD, SLATE 400 LEASE AREA 0.05S AC (2,962 SET i-kaT THENCE CONTINUING ALONG AND NOTH SAID NORTHWESTERLY RIGHT OF INDY LINE. SOUTH 69 DEGREES PHOENIX, ARizo0A 55015 DsTuRBED AREA 0.034 AC (1,472 SF) -Le 45 MINUSES OR SECOND. WEST. 503.49 FEET; I t CONTACT: TONY SAWYER PHIGNE: 532,3E11.4703 El- 0 1-1° THENCE CONTINUING ALONG ARE wriR SAID NORTMGESTERLY RIGHT OF WAY LINE SOUTH 5B OEGNEES I I 35 MINUTES 13 SECONDS WEST. 213,27 rcv TO TIE EAST LINE Cr THE WEST 10711.01 FEET OF 1 I SAID SECTION Ti TE1-133. AAR, 49181411-ENT THENCE DEPARTING SAID NCRTHwEsTERLY RIGHT OF WHY LINE, NORTH 00 0650EE1 12 1,414UTES 50 VICINITY MAP LEGAL DESCRIPTION (AREA SUBJECT TO STIPULATIONS) u.0 LUNE SECONDS WEST, 227.08 TO -ME AFORESAID SOUTH 11547 OF WAY LINE OF LEHI ROAM: SOT TO SCALE ()Zia A PARCEL OF LAND LOCATED IN THE SOUTHWEST OUARTER OF SECTON 3, z z-o REENCE NORTH 5.9 DEGREES 53 MINUTES 27 SECONDS EA5t, ALONG AND WITH SAID SOUTH 1710010 GE TOWNSHIP 1 NORTH. RANGE .6 EAST OF THE AILS A/JD SALT RIVER MERIDIAN, 40- <Crirc,-, WAY LINE. 36.18 FEET TO A POINT ON A NORTANGENT COLNI WHOSE CENTER BEARS MARICOPA COUNTY. ARIZONA, AND BEING MORE PARTICULARLY DESCRIBED AS NORTH 55 DEGREES 57 MINUTES VI scowos EAST, 193.24 FEET; FOLLOWS: XOR o.0 (AL, THENCE CONTINUING ALONG ANT WITH SAIU SOUTH RIGHT OF WAY LINE, AND ALONG THE ARC OF SUIT COMMENCING AT THE WEST COASTER CORNER OF SAID SECTION 3. BEING wico CURVE THROLIGH A CENTRAL ANGLE OF ID DEGREES 44 14114.1GEE 35 SECONDS AN ARC LENGTH CR MONUMENTED 10TH A MARIMPA COUNTY BRASS CAP FLUSH FRESH WHICH THE 53.21 FEET TO A poNG Tr TANGENCY: CENTER OF SAID SECTION 3 REARS NORTH (59 DECREES 53 MINUTES 27 SECONDS 1-03 ED-0) THENCE CC/WINDING AMINO AND WITH SAID SOUTH RIGHT OF WAY LINE. SOUTH 89 DEGREES 45 EAST, 2671.13 FEET. BEING MONUMENTED 10TH A BRASS OAP IN HAN:MOLE; -La w MINUTES 55 SECONDS EAST, 397,95 FEET TO THE POINT OF BEGINNING AND 155101W/ID 45,472 COO 11.111-1 suRIARE FEET ars 1.044 /TERM OF LAND. MORE OR LEES. 111,1,1 333,33 III...kir, THENCE NORIN 59 DECREES 53 MINUTES 27 SECONDS EAST. ALONG AND WITH THE ,,L4914,1, 5,5141999,131 NOM EAST-/NEST MID-SEGT1ON LINE OF SAID SECTION 3, 16131.19 FEET TO THE 111111=I11111111 NORTHWESTETELY RIGHT OF WAY LINE OF STATE ROUSE 202, BEM MONLIMENIED 40711 ADOT BRASS CAP FLUSH; pun! MiT616E3M=MMIEMIIII O.M1 THENCE BOLIN 59 DEGREES 45 MINUTES 34 SECONDS WEST, ALONG AND WITH SAio DRAINAGE STATEMENT 11.1 1 ,AMME NORTHWESTERLY RIGHT OF WAY LINE, 272.84 FEET TO THE TRUE POINT OF .B910 Lam.N4 MY I REGINNINC OF THE HEREIN DESCRIBED PARCEL: NO OFFSGE FLOWS AFFECT THIS SITE. PRoP01E5 IMPROVEMENTS AN NO1 AFFECT DRAINAGE PATTERNS. DISTURBED AREA IS LESS THENCE CONTINUING ALONG AND 11511-I SAID NORTHWESTERLY RIGHT OF WAY LINE, THAN 1.300 TEl No RETENTION RECUIRED. SOUTH 59 DEGREES 45 MINUTES 34 SECONDS WEST, 54.03 FEET ; THENCE DEPARTING SAID NORTHWESTERLY RIGHT OF WAY UNE. NORTH 20 DEGREES 14 MINUTE,5 25 SECONDS WEST, 64.93 FEET TO THE SOUTH RIGHT OF WAY LINE OF EAST LEHI ROAD: GENERAL NOTES THENCE SOUTH OP DEGREES 46 NINUTES 58 SECONDS EAST, ALONG AND WITH SAID I. ALL CONSTRUCTION WITINN FLOSS CONTROL DIES/ITT (DISTRICT) HICHTs-oE-WAY .rumsoromoR SOUTH RICHT OF WAY LINE, 57.54 FEET ; SHALL CT:MEG/GA TO THE LATEST DISTRIET STANDARDS AND SPECIFICATIONS AS POLILITIED ON THE DISTIOES WEB STE. THENCE DEPARTING sAio SOUTH RIGHT OF WAY LINE. SOUTH 20 DEGREES 14 2. CONTRACT MUST 0517419 NECESSARY DISTRICT PERMIT PRIOR 70 COMMENCELIENT SF MUTES 26 SECONDS EAST, 44.79 FEET TO THE POINT Or BEGINNING AND CONSTRUCTION WITHIN DISTRICT RIGHT-OF-wm AND MAINTAIN A co, or TRE PERMIT ON THE 3,Na ih-331,Olum CONTAINING 2,963 SOUARE FEET CO 5.058 ACRES OF LAND, MORE OR LESS. pLMJECI USE ST ALL TIMES. tlor-53 11.33331.1.0.3 I 34133 1 ,13411 Pr, 3. NOTIFY THE DISTRICT'S PERMITS iNspEcTEIR AT GOO-525-7913 OR IF WORKING AT A 01514111 Nowohool DAM TILL 505-505-4722 AT LEAST 48 NIPS PRIOR 10 ANY WORK BEING PERFORMED IN THE DISTRICES RIOHT5-0E-WAY. I Ariamx,,,,Ver.ramk,,, Lo474-44,1 LEGEND U. CONTRACTOR PERFORMING EXCAVATION OPERATIONS IS RESPONSIBLE FOR LOCATING AND MIIII.1111 &tad TO 14., OR 1191-69 EASE14ENT PROTECTNG ALL UNDERGROUND UTILITIES. Head..Id hierlor for Shoenola S. ANY DAMAGE TO DITRICES MIXTURES, EQUIPMENT, MATERIALS. VEGETATION. AND/OR PROPERTY PROPERTY LINE SHALL BE REPLA0980 AND/DR REPAIRED IN-END TO THE SATISFACTION OF THE DisTRIOT. hfiriunan AISHIOk 10- ENre 101001 RIGHT OF WAY 5, IN THE EVENT THE TERMS AND CONDIONS IN THE DESTRICTS PERMIT ARE NOT -CONSISTENT 333.33,03d.V.3,330.I mots; EXISTING CHAINLINK FENCE wrn4 THE 015117110-APPROVED PLANS. THE 1118TRiGES PERMIT WILL HAVE PRIORITY. [ 33011333.3.433113,33-. 1914.4 AGILE/INC 7. 91 ORDER TO OLusE THE DISTRICT'S PERMIT AND RELEASE BONPS. THE GORR ON THE PROJECT EXITING SETE WILL HAVE TO NE CONPLETE AS DETERMINEC BY THE DISTRIOVS INSPECTOR, CERTFIED -0H6-- OVERHEAD ELECTRIC AS-RUST PLANS ALONG WITH REQUIRED DUALITY ASSURANCE TESTS WILL HAVE TO BE PROVIDED siGHT VISIBILITY TRANGLE AND ACCEPTED 911 THS hISTRICT. AND ALL EASEMENTS REQUIRED ENE THE PROJECT RECORDED. DRAINAGE ARROW APPLICATION NUMBER: - Z2017077 RECEIVED DEC 1 1 2017 Street 16th 81020 North 300 Az 602.857.1110 607.907.2638 vonodvalibblecorp.corm 7076 Suite Phoanix, P F - Dibble Engineering OVERLAY OUTDOOR DR MINOR CONSTRUCTION CLUB 1UPD FOR 1-2 202/COUNTRY CHANNEL PLAN FOR 89 SITE ACCESSORY NEC CLEAR REQUEST ¶029om 'MEI 111 SHOWN or 2017 OS RENEWED: 0010LE1 05/70/17 21:11 DAM DRAM: cb.r1er\00DVE7007-42,0-5rEan 1111007 2017 FEB P10, PROJECT 5000011011: REVISIONS: el,mr 1,17007 2 20‘7 SHEET 2 OF 2 FLEM Clear Channel Outdoor Request for Approval of a Rezoning from IND-2 to IND-2 TUPD for Relocation of Outdoor Advertising Structure Located 1/4 Mile North and East of Country Club Drive & the Red Mountain Freeway Application # Z2017077 Prepared for: Clear Channel Outdoor s Clear Channel Outcoor Prepared by: Earl Curley & Lagarde, P.C. 3101 North Central Avenue, Suite 1000 Phoenix, AZ 85012 July 24, 2017 Revised November 2017 Revised December 2017 RECEIVE° DEC d20g/, Clear Channel Outdoor IUPD Clear Channel Outdoor Application No.: Z2017077 November 2017 NARRATIVE REPORT Purpose of Request The purpose of this request is to provide information on the request by Clear Channel Outdoor for approval of a zone change from IND-2 (Light Industrial) to IND-2 IUPD (Light Industrial, Industrial Plan of Development) with an administratively approved Plan of Development (POD) for an off-site advertising sign. This zone change application seeks approval for a legal conforming 14' x 48' bulletin billboard to be relocated from 59 th Avenue and I-10 in the City of Phoenix to this parcel owned by ADOT (Arizona Depaitment of Transportation) in lieu of just compensation for removal of an existing sign to accommodate the State's I-10 and South Mountain Freeway expansion project which ultimately serves the general public benefit. This application is prompted by the ADOT which is now moving forward on construction of the South Mountain Freeway interchange with the I-10 Freeway at 59 th Avenue in west Phoenix. Due to the nature of the condemnation, it was ADOT's responsibility to Salt River Indian find a new site to Reservation accommodate the existing Lehi Rd off-site billboard sign. ADOT selected a portion of their maintenance yard on Lehi Road between Country Club Drive and Center Proposed New Street for the relocation site. Relocation Site Not all of the aspects of the Within 'Larger Limits ADOT of maintenance yard comply Maintenance Yard with the County's IND-2 zoning district including that fact that ADOT is using excess freeway right-of- I, .., III way beyond the lot's south property line, but not I I S Vicinity Map functionally part of the Oelk, I • e g r 0-• 1Vo Loop 202, for staging and storage of materials. This isn't an issue since ADOT also owns, operates and maintains the Loop 202 right-of-way. All aspects of the sign will be within the lot boundaries. This is an older industrial area in which a number of advertising boards already exist. No residential uses exist adjacent to the subject site although a small sliver of ground in Lehi Road is zoned RU-43. 1 Clear Channel Outdoor IUPD Clear Channel )LiLdoor Application No.: Z2017077 November 2017 Below is an aerial photograph showing the location of the RU-43 zoning in Lehi Road. Description of Proposal This request seeks a zone change from IND-2 to IND-2 IUPD on a 1.04 acre site owned by the Arizona Department of Transportation along with minor development standards deviations to accommodate this 48-foot high sign along the Loop 202 Freeway. The subject site is located west of Center Street and east of Country Club Drive and situated on the south side of Lehi Road. The irregularly shaped industrial property has approximately 515-feet of freeway frontage along the north side of Loop 202 Freeway. The precise plan locates the billboard at the easternmost portion of ADOT's triangular shaped industrial parcel in a leased area that is approximately 60' x 50' in size. The sign will be a double faced "V”-shaped billboard sign and directed to its intended freeway audience. Each face is 672 square feet in area and is illuminated by exterior lighting-no digital faces. The Maxicopa County Zoning Ordinance (MCZO) permits off-site advertising signs on property zoned IND-2 subject to spacing criteria and specific development standards. To locate an off-site outdoor advertising sign on this property, four development standards must be amended. Those deviations are as follows: 1) Amend the maximum sign area from 300 ft. to 672 ft.; to accommodate the same size as the existing legally non-conforming 14' x 48' bulletin billboard sign; 2) Amend the minimum sign separation distance from 1,000 ft. to 500 ft.; 3) Amend the allowed height from 30 ft. to 48 ft.; 4) Amend the County setback from 20 ft. to 0 5) Amend the required separation from residential from 1,000 to 0 ft. 2 Clear Channel Outdoor TUPD Clear ChannelI, Application No.: Z2017077 November 2017 The Maricopa County Zoning Ordinance states that off-site signs shall be permitted uses in the IND-2 and ND-3 zoning districts subject to Article 1404.3.1 and Article 1404.3.2. Below are the applicant's responses to whether a deviation is being requested for that specific article section or if the standard is being met. ARTICLE 1404.3. OFF-SITE SIGNS, BILLBOARDS EIND-2 AND IND-3 ZONING DISTRICTS ONLY]: ARTICLE 1404.3.1. Off-site signs shall be permitted uses in the IND-2 and IND-3 zoning districts and provided each such sign_ shall: 1. Maintain a distance separation from any other off-site sign of 3,000 feet of any offsite sign on the same street when either existing or proposed sign is located three (3) miles or greater from the boundary of any incorporated city or town. Since this site is located less than three miles from the City of Mesa city limits this section is not applicable. (See Exhibit A, Aerial). 2. Maintain a distance separation from any other off-site sign of 1,000 feet of any offsite sign on the same street when either existing or proposed signs is located fewer than three (3) miles from the boundary of any incorporated city or town. The Property is undeveloped and is currently part of an ADOT maintenance yard. The Property is located in a County island and is zoned Light Industrial and adjacent to the City of Mesa city limits, Salt River Indian Reservation land and backs onto the Loop 202 Freeway. An existing off-site advertising sign is located to the west approximately 509 feet, measured in a straight line, along the northern curved portion of the Loop 202 Freeway between Country Club and Center Street. 3 Clear Channel Outdoor IUPD 3 Clear Channel Outdoor Application No.: Z2017077 November 2017 It should be noted that while the separation is approximately 509 feet, the signs (existing and proposed) are located on a curve or bend of the Loop 202 Freeway and hence giving the appearance that they are not in a straight line along a street thus helping to offset an appearance of clustering. The double faced "V"-shaped billboard sign is directed to its intended freeway audience. This request seeks to reduce the separation standard between signs to 500-feet. The request is necessary because the property is only 500-feet wide and while the sign is placed as far to the east as possible it cannot be moved further to the east due to this being the narrowest point of the property. If the narrowest point of the property were reversed and along the west side of the property the sign could be moved farther east but this is not the case. When consideration is given to the surrounding industrial land uses, the curvature of the Loop 202 Freeway, the narrow parcel width, and that the fact that the sign is moved as far to the east as possible while still accommodating the sign lease area on the narrowest part of the property, we believe the 500-feet separation is sufficient separation to allow freeway travelers the ability to safely read the existing and proposed signs without having visual clutter and/or major distractions. 4 Clear Channel Outdoor IUPD rA, Clear Channel Application No.: Z2017077 November 2017 Furthermore due to the curvature of the Loop 202 Freeway and the placement of the proposed sign, the requested spacing does not create visual obstruction between existing and proposed signs. The proposed separation does not negatively affect the existing sign, or the adjacent jurisdiction or Salt River Indian Reservation land, or any residential districts south of the Loop 202 Freeway. 3. Such sign may be illuminated but no flashing, intermittent or 'doling illumination shall be employed. Any lighting used shall be in accordance with the adopted outdoor light control provisions (see Chapter 11, Section 1112. herein).). Any off premise sizn within 150 feet of a rural or residential zone boundary shall be non-illuminated. (Emphasis added) A deviation from this standard is being requested because a small 19 feet x 503 feet strip of land, owned by ADOT in Lehi Road is zoned RU-43. The actual distance to a developed of future residential development is approximately 1,200 feet which more than meets the spirit of this standard. The proposed sign will not have any flashing, intennittent or moving illumination. The sign illumination will consist of two top mounted 400 watt 120 volt incandescent lamps, or other similar and comparable standard illumination, at the base of each sign face and directed at an angle to illuminate the sign faces. The bulbs will be fully shielded, will not be directly visible from the ground, will produce less than 40,000 lumens per fixture (Output of 35,000 lumens), and shall not cast more than 1,017 lumens per fixture beyond the sign face per MCZO Chapter 11, Section 1112.3.2. 4. Such sign shall not be located within 100 feet of any rural or residential zoning district boundary, whether or not separated by a public right-of-way. Again, the request fundamentally complies with this standard. The nearest residential district is approximately 1,200 feet to the south across the Loop 202 Freeway (See Exhibit B, Aerial Area Map). However, there is a small 9,975 sf. strip of land in Lehi Road that is zoned RU-43. For this, a deviation from this must be requested. 5. Such sign shall not be located within 500 feet of any park, school or roadside rest area. The request complies with the standard. The nearest park is over 3,800 feet to the south across the Loop 202. The nearest school is Whitman Elementary School and is located over 3,000 feet to the south across the Loop 202 Freeway (See Exhibit B, Aerial Area Map). There are no roadside rest areas within many miles of this site. No change is being requested. 5 Clear Channel Outdoor 1UPD Clear Channel Out Application No.: Z2017077 November 2017 6. Such sign shall not be audible in any manner. The request complies with the standard. The sign will not be audible in any manner. No change is being requested. 7. Special Conditions: a. On State Route 74 between U.S. 60-89 and Lake Pleasant Road, no off-site signs shall be permitted within six-hundred sixty (660) feet of said highway right-of-way. Not applicable. This site is not located along State Route 74 between U.S. 60-89 and Lake Pleasant Road. b. On U.S. Highway 60-89 from Estrella Freeway to Wickenburg, no off-site signs shall be permitted within six-hundred sixty (660) feet of said highway right-of-way. Not applicable. This site is not located along U.S. Highway 60-89. In addition to Article 1404.3, the County's Zoning Ordinance also lists additional development standards when property is within the IND-2 or IND-3 zoning districts. Article 1404.3.2 Off- site signs in IND-2 and IND-3 zoning district are subject to the following development standards: 1. Such sign shall not exceed three-hundred (300) square feet in area.. A sign may utilize embellishments up to of ten percent (10%) of the sign area. This request seeks to amend the maximum sign area from 300 feet to 672 feet to accommodate the same legal non-conforming 14' x 48' bulletin billboard sign size to be relocated to this site. As mentioned, ADOT is constructing the west leg of the Loop 202 which will ultimately connect to the I-10 freeway. This new freeway leg has caused ADOT to condemn land including existing billboard rights to allow the completion of the long anticipated I-10 Loop 202 South Mountain connection. The requested size area is the same as what exists today and is necessary to allow viewers the ability to safely view the sign and its context from the freeway while maneuvering at higher speeds and along at a curve of the Loop 202 Freeway. The larger sign area allows the sign message to be read from a farther distance while traveling on the freeway. An illustration of the sign is attached as Exhibit D. 2. Such sign shall not exceed thirty (30) feet in height. This request seeks an approval to increase the sign height to 48-feet whereas 30-feet is allowed by right. The zoning district standard of 30-feet is not sufficient to allow the proposed sign to be read in a safe manner from the adjacent depressed freeway when consideration is given to 6 Clear Channel Outdoor ILTPD LA Clear Channel ( Application No.: Z2017077 November 2017 the visual obstruction of 10-20-foot high collective obstructions located along the top of the freeway right-of-way. These obstructions in effect cause the site to be depressed. The 48-feet height for this sign is primarily need to compensate for the elevated berming, the depressed site and the freeway slope which restricts the view for vehicles traveling in both directions. The berming along the freeway creates a visual obstruction for signs that are placed too low and a sign that is too low creates visual difficulty for motorist traveling along a curved portion of the freeway. Additionally, the proposed increase in sign height and orientation is designed so that it allows the image to be seen by freeway motorists rather than the closest residential districts which is south of the Loop 202 Freeway and more than 1,000 feet away from the site. 3. Such sign may be double-faced or "V" shaped, provided the "V" shape is designed so that it is no greater than fifty-four (54) inches between faces at the apex and the angle between the faces of the sign is no greater than forty-five (45) degrees. No change is being requested. As shown on Exhibit D, Site Plan and Billboard Detail, the sign will be "V" shaped with the maximum distance between the faces at the apex being 54 inches and the angle between the faces being 45 degrees. This request meets this standard. 4. Such sign shall be freestanding. No change is being requested. As shown on Exhibit D, Site Plan and Billboard Detail, the sign will be freestanding. This request meets this standard. 5. Shall maintain the same property line setbacks as required by the underlying zoning district. The only requested deviations from the development standards are for the off-site advertising sign in its lease area. While it appears that the requested setback is a major setback deviation from the ND development standard, it really is not with respect to the freeway. The sip face is at the edge of the +1- 300-feet wide freeway right-of-way but nowhere near the travel lanes or off-ramp. . In most cases, setbacks are measured from the vertical structure and if that were the case here, there would not be a need for a setback reduction since the actual placement of the sign pole meets the minimum 20-feet setback requirement. Additionally, when consideration is given to the approximately 300-feet Loop 202 Freeway right-of-way and the fact the intended viewers are freeway travelers it is better to have the sign closer to the actual freeway pavement so that it can be easily read by the intended viewers. The perceived reduction in setback does not impact any properties as the reduction is only along the freeway right-of-way. The sign face is actually over 100-feet from the closest freeway travel lane. Finally, due to the irregular shape of the site, a reduction of the setback from Lehi is requested down to 0 ft. The requested deviations from the development standards are in bold on the below table. 7 21.13 Clear Channel (:(A Clear Channel Outdoor ILTPD Application No.: Z2017077 November 2017 Regulation Base Proposed Zoning District Zoning District Regulations IND-2 Regulations IND-2 IUPD Pursuant to Article 902: Setbacks 1 Front Yard Abutting Major Street or Highway 20 feet. 0-feet Abutting Collector Street 15 feet. 15 -feet Abutting Local Street 10 feet. 0-feet Side Adjacent to Rural or Residential 5 feet. 5 feet. Corner Lot Adjacent to Rural or 10 feet. 10 feet. Residential If a side yard otherwise provided 3 feet. 3 feet. Rear Adjacent to Rural or Residential 25 feet. 25 feet. Adjacent to all other zoning district None None Height Off-site Advertising Signs See Below See Below All other structures 40 -feet 40-feet. Minimum Lot Area 6,000 sq. feet 6,000 sq. ft. Minimum Lot Width 60-feet 60-ft. Maximum Lot Coveraze 60% 60% Regulation Base Proposed Off-Site Sign Off-Site Sign Regulations Regulations for IND-2 IND-2 IUPD Pursuant to Article 1403: Minimum Sign Separation 1,000 feet 500 ft. Minimum Setback to Rural or 150 feet 0 ft. Residential District for Illuminated Sign Minimum Setback to Rural or 100 feet 0 ft. Residential District Maximum Sign Area 300 feet 672 ft. Maximum Sign Height 30 feet 48 ft. 8 Clear Channel Outdoor IUPD rts: Clear Channel Outdoor Application No.: Z2017077 November 2017 Relationship to Surrounding Properties On-site: IND-2/ADOT Maintenance Yard for freeway barrier fixtures and road fill (is exempt from County regulation). North: City of Mesa PS/Salt River Indian Reservation and City of Mesa Maintenance yard. A 19 ft. x 503 ft. long parcel owned by ADOT is in the Lehi paved roadway. This small parcel is zoned RU-43. The Salt River Indian Reservation is not under County jurisdiction and not zoned. The City of Mesa maintenance yard is zoned to the Public and Semi- Public (PS) District. South: Loop 202 Freeway. East: ADOT Loop 202 Freeway right-of-way West: IND-2/Trueldng and storage. (See Exhibit C — Zoning and Surrounding Land Use Map.) Location and Accessibility The Property is undeveloped and is currently being used as an ADOT maintenance yard. The property is located in a County island and is zoned Light Industrial and adjacent to the City of Mesa city limits and the Salt River Indian Reservation. Access to the property is from Lehi Road via Center Street or Country Club Drive. The adjacent street is paved and accepted by the County. Circulation System (on & off-site) No changes to the existing circulation system are proposed. The lot is currently accessed using a gate on Lehi Road near the west end of the lot. Development Schedule (phasing) 9 Clear Channel Outdoor IUPD 2111 Clear Channel Outdoor Application No,: Z2017077 November 2017 The construction of the off-site sign will be in one phase after all entitlements and permits have been granted. Conclusion The purpose of an off-site sign is to provide visual advertisement in a safe manner to motorists traveling along the Loop 202 Freeway. The site is obstructed by an approximately 10-20 feet high visual obstruction along the freeway right-of-way which effectively creates a visual obstruction for the site. Allowing the increase sign height allows for better visual sign placement and one that is more in line with the existing off-site sign to the west. The proposed height or setback or sign area is not detrimental to the surrounding properties or the County or the City of Mesa in general. We believe the requested sign height and area is vital to creating a safer readable sign and one that can easily be read from the adjacent freeway. This location is very appropriate for the relocated sign, the presence of other signs in the area necessitates that several existing standards be amended to accommodate the relocated sign. These adjustments are the least necessary to accommodate the new sign. 0: INDEXVC tear Channel Oulthsorkivfaricopa County1Loop 2112 end Country CIIIIAPocsnrrative Report IUPD FINAL (1st Subinilta1)_7.25.2017.ttua. 10 he r Clear Channel Outdoor Clear Channel Outdoor IUPD Application No.: Z2017077 November 2017 (33 4'4 . 1 I Mtn cm fl:1 IrTdraii Reservation J ).:43firt`f I • &cur a ru.tI ce MariE6)33 Countk; Radio Antennas Exhibit A — Aerial 11 Clear Channel Outdoor IUPD A' Clear Channel Outdoor Application No.: Z2017077 November 2017 041011 pso.vildl re774 IS1614 es, Ma RIO , 1:- uir --M TN ffigt1W--• I'Vlobile'Horne Park olirsFIL• libL: LLIS4.0,19-1:74-14191111 •are • swirmerriostafti, us I oft- ...mu. • , 1 4 pit et P WI ip i 4ir197- .4P dtrethro1121=1EIMEMIERF I Z ,011 L A itt AIL r VV Inglewood t St es, 1 11. is :011410_t• 0. 74.4 1 ciagit.- vv , Exhibit B — Aerial Area Map 12 'V Clear Channel Outdoor Clear Channel Outdoor IUPD Application No.: Z2017077 November 2017 •-•.. • fr Salt RiveT. dian Fr-grermw Ar ation !lir City of Mes-a;. V**. - 4 - Maintenance Yard PS - - •airemmt * I • ADOT t,City.of MeSaf-v**%41-k-" 47 4. Equipment Service Repair c • to • ' -t ti .• - Ihmor e I lo I • ., ,.-,Alternative . im. t\D° 1-' Ark•-...-6. ...../ -4*-Na New Leaf Inc . Building NI, aintenance,Nard _ a IND-2 1P7. .ker` t i 6oncepts IND-2 .r."---- -AIM ..,1 ,_ - IND-2 4 4 Rediirn ii Tire - :... .. — .- D 10 :. \ INIM ar Macopa, ri County- , — ..-"' r . s . • Heritage Trucking & Repair - Radio Antennas 1 si.)A ' •. . 1 IND-2 :. .1 • AG > 1 B . ••••• r. m R • • Et " .1 I. • _ Radio Antennas AG City of Mesa I P C -• '0 ; ADOT "WU Exhibit C — Zoning and Surrounding Land Use Map 13 Clear Channel Clear Channel Outdoor ILTPD Application No.: Z2017077 November 2017 Exhibit D — Elevation of Proposed Sign 5. 0' fhtittet L frame I. ft-5We I 1. tl -K 4', 5:1 0 " ,tripitt 11CC.V.17 1544er tad 514-tabt,hcip. —411116 W6.12 1111111 5,htttalk 5,ttner.iital 00,411 '35' 0 ti .500' ;t[0 ttt kn.' vdthhe ry 02 11,ti Cplumn tactic, Ruh,. ti/5' ah, 104, !2' — 2 1/2',: 3/8" ..1ttt- rt 1 15 ' In lo (LIdtittr ireut 0514.4 atorttlutrts)' tondo. 510141511 t.t. tin 3W 110thte5h. Ittnt-t't tta mtitttttaTh nt , thinir,h1r5 log ,le.trance, rh column ptp ond Ithliftr Will1111 pihe irpttc thrid If; iMnn II [10:111 [11:3114 465 21 .sna" ecEtterth erode - 42 4.11 catatnn pip 5oclt,a,t ----- Ct5ttor,t5 Icuittlatiott COLUMN PIPE SPLICE DETAIL ittegt. 1415 Cohtmtt 5115 L Vix n 1/4' 1,5tet1 Itt riddLe third -or s.rnb4drrt6ht 4nd llion(nuJuI sail tit 2 t-tt,ti SECTION B-0 SIGN FACE ELEVATION ..„. . 14 Clear Channel Outdoor TUPD re Clear Channel Outc Application No.: Z2017077 November 2017 15 M anc op a County Planning & Developt-nent Department Date: August 29th, 2017 Karen Betancourt Planning &Development 501 North 40 Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Phone: Phoenix,23U2ona (602) 372-0793 85008 Department of Planning & Development Fax: (602) 506-3282 www.maricona. Email address: goy/planning Attn: Ray Banker Planner, Planning & Development Services Karen Betancou r1RmM maricona.aav From: Simon Edwards, Engineering Associate, Planning & Development Services CC: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Services Subject: Z2017077 — Zone Change from 1ND-2 to IND-2 with a Plan Of Development for an Off-Site Advertising Sign — D1 Memo Job Site Address: ADOT Maintenance Yard, Lehi Road, Mesa, AZ 85201 APN(s): 136-17-048B Drainage Plan Review has no objections regarding the proposed Zone Change and Plan of Development for an Off-Site Advertising Sign located on APN: 136-17-048B; submittal stamped received July 30 th, 2017. The Flood Control District of Maricopa County has no objections or requirements; the subject parcel is not located within a regulated floodplain. MCDOT has reviewed the application; submittal date stamped July 30 th, 2017 and has no objections. Please contact me if you have any questions or require clarification of these comments. Maricopa County Environmental Services Department Water and Waste Management DATE: August 1, 2017 Division Subdivision Infrastructure & Planning Program TO: Raymond Banker, Planning & Development Dept. 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Phone: (602) 5064)376 FROM: Souren Naradikian, P.E. Fax: (602) 506-5813 Senior Civil Engineer TDD 602 506 6704 SUBJECT: Clear Channel Outdoor sign: Z2017077 The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Zoning Department for the above referenced project. This project requests is for outdoor sign and zone change to IND-2 with POD at APN# 136-17-048B. According to the submitted documentation, no water or sewer utilities will be required for the sign modification project. Based on the above, MCESD raised no objection to the Planning & Development Department in Permits Plus on August 1, 2017 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.