Applicant Formal Request, dated 1.2024

City of Glendale — Regular Meeting (2024-06-25)

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GAMMAGE & BURNHAM, PLC 
ATTORNEYS AT LAW 
40 NORTH CENTRAL AVENUE 
20TH FLOOR 
PHOENIX, ARIZONA  85004 
Cameron C. Artigue 
cartigue@gblaw.com 
 
 
7390.1.3762923.1 
 
TELEPHONE (602) 256-0566 
FACSIMILE (602) 256-4475 
___________________ 
WRITER’S DIRECT LINE 
(602) 256-4418 
 
January 30, 2024 
 
 
Tabitha Perry 
Development Services Department 
5754 West Glenn Dr. 
Glendale, AZ. 85301 
 
Dear Ms. Perry, 
 
Please accept this letter as a formal interpretation of the new Unified Development Code 
(“UDC”), Section 35.4.310 Site Signs, in conjunction with a previously approved Planned Area 
Development (“PAD”), Ordinance 020-42.  The new UDC is effective on January 12, 2024. 
 
Ordinance 020-42 was approved by City Council on June 4, 2020.  Condition one of this 
ordinance approval is that all “Development shall be in conformance with the Park 303 PAD 
development narrative dated June 1, 2020”.  The Park 303 PAD development narrative codified 
development standards for billboards stating, “Billboard signs, including double sided, static and 
digital, shall be permitted within the Park 303 PAD, as located on the site plan, and subject to the 
standards noted below, in the event that billboard signs are permitted along the 303 freeway 
corridor”.  The new UDC allows digital and static billboards along the 303 in Table 4.300-1.  It 
is our understanding that we are allowed to move forward with permitting billboards within the 
properties of the Park 303 PAD since the effective date of the UDC. 
 
The standards listed in the Park 303 PAD development narrative state that “There shall be 
a minimum distance of four hundred ninety (490) feet between all Digital Billboard Signs within 
and contiguous to the Park 303 Planned Area Development”.  It is our understanding that an 
approved PAD is allowed to maintain its stated development standards, and not adhere to the 
overall UDC for standards.  One of the many benefits of a PAD in the City of Glendale is to 
allow modifications of development standards.  With that, Section 35.4.310.B.4.k of the new 
UDC states “Provisions in this section supplement and do not supersede provisions of any PAD 
in existence before the effective date of this ordinance”.  Therefore, we believe we are allowed to 
move forward with the provisions in the Park 303 PAD. 
 
As we understand the language described above in the new UDC and the fact that the 
UDC allows billboards along the 303, we are allowed to move forward with permitting 
billboards consistent with the provisions set forth in the Park 303 PAD.  Not being allowed to 
adhere to provisions in a previously approved PAD would be seen as a taking by the City of 
Glendale since a more stringent spacing requirement would limit the number of billboard uses on 
site.  The grandfathering provision in Section 35.4.310.B.4.k is necessary to prevent a “Prop 
207” claim for diminution of property rights.  If new, more restrictive spacing standards

Tabitha Perry 
January 30, 2024 
Page 2 
 
 
diminished the property rights specified by the Park 303 PAD, the City would be liable for any 
decrease in property value under A.R.S. § 12-1134.  
 
Please feel free to reach out to me at any time with questions or need additional 
information. 
 
Sincerely, 
 
GAMMAGE & BURNHAM, P.L.C. 
 
 
 
By:  Cameron C. Artigue