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November 16, 2022
Z2022156
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
November 16, 2022
Case #/Title:
Z2022156 – Arrington Billboard Conversion – Country Club Dr.
Supervisor District:
1
Applicant/Owner:
Carolyn Oberholtzer, Bergin, Frakes, Smalley and Oberholtzer,
PLLC / Arrington Outdoor Advertising, LP
Request:
Special Use Permit for Digital Billboard Conversion in the IND-
2 Zoning District
Site Location:
Generally located approx. 1,200’ northeast from the
intersection of the Loop 202 Freeway and State Route 87 in
the Mesa area
Site Size:
6,000 sq. ft.
County Island Status:
Yes, City of Mesa
Additional
Comments:
There are no outstanding concerns from reviewing agencies.
The proposed Special Use Permit (SUP) is to accommodate
the digitalization of a billboard along the Loop 202 freeway.
The SUP will permit a separation fewer than the 1,000’
minimum separation from a nearby billboard required by the
base zoning district. There is no known opposition.
Commission
Recommendation:
On 10/20/22, the Commission voted 6-0 to recommend
approval of Z2022156 subject to conditions ‘a’ – ‘g’:
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Special Use Permit - For Arrington Digital Billboard Conversion“, consisting
of 2 full-size sheets, dated September 9, 2022, except as modified by the following
conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Arrington Outdoor Advertising: Digital Billboard Conversion -
Special Use Permit Narrative”, consisting of 20 full sized sheets, dated September
19, 2022, except as modified by the following conditions.
c.
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
November 16, 2022
Z2022156
Page 2 of 2
determined in accordance with Chapter 3 of the Maricopa County Zoning
Ordinance.
d.
The following standards shall apply:
1.
Min. Distance from Another Billboard: 500’
e.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change 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:
Joel Landis, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachment:
10/20/22 P&Z Packet (34 pages)
Note:
10/20/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2022156
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022156 – Arrington Billboard Conversion – Country Club Dr.
Hearing Date:
October 20, 2022
Supervisor District:
1
Applicant:
Arrington Outdoor Advertising, LP, c/o Carolyn Oberholtzer, Bergin,
Frakes, Smalley and Oberholtzer, PLLC
Owner:
PJT Enterprises, Pete Tode
Request:
Special Use Permit for Digital Billboard Conversion in the IND-2 zoning
district
Site Location:
Approx. 900’ northeast from the intersection of N. Country Club Rd.
and State Route 87
Site Size:
6,000 sq. ft.
Density:
N/A
County Island:
Yes (Mesa)
County Plan:
Rural Development Area
Municipal Plan:
City of Mesa – Light Industrial
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2022156
Page 2 of 8
Project Summary:
1.
Arrington Outdoor Advertising requests a Special Use Permit to facilitate the digitization
of a 14’x48’ static billboard. The applicant is applying for this special use permit due to
the existing billboard not meeting the 1,000’ spacing requirements from other billboards
per MCZO 1403.3.1.A.1.B, with the subject billboard being sandwiched between two
existing billboards to the northeast and southwest at approximately 500’ each, and
another billboard approximately 730’ northwest.
2.
The 6,000 sq. ft site is zoned IND-2 IUPD and is typical in nature to surrounding industrial
parcels surrounding the Loop 202 Freeway. The parcel was split off in 2014 from the active
Heritage trucking facility which borders the parcel to the northwest. Recent site aerials
indicate that while the parcel does not have a use other than the billboard, that the site
is generally used for storage of materials and debris related to the trucking facility. The V-
shaped billboard is oriented towards the Loop 202 freeway so that drivers in both the east
and westbound lanes are able to view the billboard as they pass-by.
3.
The subject billboard was originally granted a variance (ref.# BA2010026) to allow for an
increase in the allowed height of the sign given its orientation towards the Loop 202
freeway, and was thereafter permitted under Plan of Development Z2010068 and permit
B201006333. The property owners obtained IND-2 IUPD zoning for the trucking facility on
the adjacent parcels in 2013 and an amendment to those IUPD standards in 2018 to allow
for a larger height and face for the existing billboard.
4.
The site characteristics with respect to lot size and land use remain unchanged since the
2018 amendment. Included in the Zoning Exhibits section is a table showing the base
zoning district regulations for IND-2, the approved/existing IUPD development standards,
and the standards that are proposed to be amended by the Special Use Permit. Note
that the only requested standard variation is the distance between existing billboards.
Z2022156
Page 3 of 8
I-2 IUPD Table (changes bolded)
Z2022156
Page 4 of 8
Zoning of site in comparison to nearby parcels
Latest available site aerial
Z2022156
Page 5 of 8
Elevation of the proposed billboard
Z2022156
Page 6 of 8
Photo of subject billboard (right) via Google Maps (July 2022)
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
IND-2 IUPD / truck service and storage facility
North:
IND-2 IUPD / truck service and storage facility
South:
None / Loop 202 Freeway
East:
None / Loop 202 Freeway
West:
IND-2 IUPD / truck service and storage facility
Utilities and Services:
6.
Water:
City of Mesa
Wastewater:
City of Mesa
School District:
Mesa Unified School District
Fire:
City of Mesa
Police:
City of Mesa
Z2022156
Page 7 of 8
Adopted Plans:
7.
Vision 2030 Comprehensive Plan (adopted January 13, 2018): Property is designated for
Rural Development Area (0-1 d.u / ac.).
8.
City of Mesa General Plan (June 16, 2014): Property is designated for Light Industrial Use.
Public Participation Summary:
9.
The applicant has 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 has received any calls or letters of opposition as of the writing of this staff report.
Staff Analysis:
10.
Staff considers the applicant’s request for this special use permit for billboard digitization
to be reasonable and consistent with the changing character along the Loop 202
corridor. This site is surrounded by commercial uses and bordered by a freeway. Areas
closest to a freeway typically comprise the highest areas of intense multi-family
residential, commercial and industrial activity due to the accessibility of the
transportation node and are therefore appropriate for the use proposed. Staff is also
supportive of replacing the static billboard with a digital face billboard. It is staff’s opinion
that a digital face billboard with light mitigation is preferable to a traditional illuminated
billboard. The applicant submitted all documents required to meet public participation
requirements. Staff notified the City of Mesa 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:
11.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2022156 subject to the following conditions ‘a’ – ‘g’.
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled ““Special Use Permit - For Arrington Digital Billboard Conversion“,
consisting of 2 full-size sheets, dated September 9, 2022, except as modified by the
following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Arrington Outdoor Advertising: Digital Billboard Conversion -
Special Use Permit Narrative”, consisting of 20 full sized sheets, dated September
19, 2022, except as modified by the following conditions.
c.
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.
d.
The following standard shall apply:
Z2022156
Page 8 of 8
1. Min. Distance from Another Billboard: 500’
e.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change 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, 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)
MCESD Comments (1 page)
MCDOT/ PND Engineering comments (1 page)
Application Form (1 page)
Site Plan/Billboard Plan (2 pages)
Narrative Report (20 pages)
MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
1
Gross Acres: 0.14 approx.
Generated October 3, 2022 16:26 PM
Z2022156
Application Name:
Legal Description
Arlington Billboard Conversion – Country Club Dr. EDR
Applicant
Case Address
, T1N R05E 03
Mitchell Willard for Bergin, Frakes, Smalley & Oberholzter
2333 N COUNTRY CLUB Dr
Applicant Phone/Email
Parcel Primary:
602.888.7055
mwillard@bfsolaw.com
MESA AZ 85201
Map scale 1:331
Supervisor District No.
136-17-001Q
CONVERSION OF EXISTING BILLBOARD FACES TO DIGITAL PANELS.
5.3585 in
PA2021232: This project is a request for Billboard conversion to digital at APN # 136-17-001Q. According
to the submitted documentation, water and sewer will not be needed. MCESD has no concerns.
Souren Naradikian, P. E.
Senior Engineer
Maricopa County Environmental Services Department
Desk: 602.372-2907
Cell. 480-356-1558
Souren.Naradikian@maricopa.gov
December 6, 2021.
Kevin Amoroso
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: 602-329-6303
www.maricopa.gov/planning
email address:
Kevin.Amoroso@maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
August 15, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joel Landis, Planner, Planning & Development Services
cc:
Michael Norris P.E., Engineering Manager, Planning and Development
From:
Kevin Amoroso, Engineer Associate, Planning & Development
Subject:
Z2022156
APN(s):
136-17-001Q
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st
submittal of the POD/SUP application routed for review on 08/12/2022. 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 ADOT (redletter@azdot.gov).
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.
Special Use Permit Application
11/19/2021
Planning & Development Department
ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE.
SPECIAL USE PERMIT APPLICATION
REQUEST
Project Name
Description of Request:
Existing Use of Property:
Existing Zoning District:
Requested Special Use Permit:
Related Case Numbers: (List V# if site is subject to code violation)
PROPERTY INFORMATION
Address (if known):
General Location (include nearest city/town):
Size in Acres:
Square Feet:
Legal Description
Section:
Township:
Range:
Assessor’s Parcel Number(s):
Subdivision Name (if applicable):
OWNER’S AUTHORIZED AGENT INFORMATION
Name:
Contact:
Address:
City:
State:
Zip:
Phone #:
Fax #:
Email:
PROPERTY OWNER INFORMATION
Name:
Contact:
Address:
City:
State:
Zip:
Phone #:
Fax #:
Email:
PROPERTY OWNER AND OWNER’S AGENT AUTHORIZATION
I (property owner)
authorize (owner’s agent)
to file this application on all matters relating to this request with Maricopa County. By signing this form as the
property owner I hereby agree to abide by any and all conditions that may be assigned by the Maricopa County
Board of Supervisors, Maricopa County Planning and Zoning Commission, or Maricopa County Planning and
Development Department staff as applicable, as part of any approval of this request, including conditions,
development agreements, and/or any other requirement that may encumber or otherwise affect the use of my
property.
PROPOSITION 207 WAIVER
The property owner acknowledges that the approval being sought by this application may cause a reduction in
the existing rights to use, divide, sell or possess the private property that is the subject of this application. The
property owner further acknowledges that it is the property owner who has requested the action sought by the
filing of this application. Therefore, with full knowledge of all rights granted to the property owner pursuant to
A.R.S.§12-1132 through 1138, the property owner does hereby waive any and all claims for diminution in value of
the property with regard to any action taken by Maricopa County as result of the filing of this application.
Property Owner Signature:
Date:
VERIFICATION OF APPLICATION INFORMATION
I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa
County in reliance upon the truthfulness of these statements may be revoked or rescinded.
Owner or Authorized Agent Signature:
Date:
CASE INACTIVITY
Cases which are not active within six (6) months will be considered inactive and closed by staff. A letter
addressing the inactivity will be sent to the owner’s authorized agent or property owner with notification of the
case to be closed within thirty (30) days. To pursue entitlement after the closing of the case, a new application
and associated fees will need to be filed.
Arrington Billboard Conversion - Country Club Dr.
Industrial
Converting existing billboard faces to digital panels
IND-2
Conversion of existing billboard to digital faces
2333 N Country Club Drive, Mesa AZ 85201
Northeast corner of Loop 202 and Country Club Dr.
6000
3
1 North
5 East
136-17-001Q
Arrington Outdoor Advertising, LP
Jayson Williams
2002 S Stemmons Freeway, Suite 100
Lake Dallas
TX
75065
(817) 991-3815
jayson@arringtonoutdoor.com
PJT Enterprises
Pete Tode
233 N Country Club Dr.
Mesa
AZ
85201
(480) 222-8100
Arrington Outdoor Adv
DocuSign Envelope ID: F2A9898E-72CC-4515-A5AF-81867CB9282F
2/25/2022
ptode@htiaz.com
2/25/2022
Pete Tode Sr.
Z2013081; Z2010068; BA20100026; Z2018086; Z2017007
.14 acres
IUPD
COUNTRY CLUB DRIVE
McKELLIPS ROAD
RED MOUNTAIN FREEWAY
Bowman Consulting Group Ltd
1600 N. Desert Drive Ste 210
Tempe, Arizona 85281
c 2021 Bowman Consulting Group Ltd
Phone: (480) 629-8830
www.bowmanconsulting.com
SPECIAL USE PERMIT
2327 N. COUNTRY CLUB DRIVE
DIGITAL BILLBOARD CONVERSION
MARICOPA COUNTY
DD
DD
TP
1" = 10'
050214
9/9/2022
SP01
1
1
DRAINAGE STATEMENT:
LEGAL DESCRIPTION
SPECIAL USE PERMIT
FOR ARRINGTON DIGITAL BILLBOARD CONVERSION
A PORTION OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 5 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN
APN: 136-17-001Q
MARICOPA COUNTY, ARIZONA
SITE
VICINITY MAP
APPLICANT:
SITE DATA
CASE # Z2022156
OWNER:
BENCHMARK
CIVIL ENGINEER:
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602) 263-1100
Arizona Blue Stake, Inc.
UTILITY COMMENT TABLE
LEGEND
3
BILLBOARD YARD
DEVELOPER:
Bowman Consulting Group Ltd
1600 N. Desert Drive Ste 210
Tempe, Arizona 85281
c 2021 Bowman Consulting Group Ltd
Phone: (480) 629-8830
www.bowmanconsulting.com
BILLBOARD DETAILS
2327 N. COUNTRY CLUB DRIVE
14' x 48' BILLBOARD 25' V CENTERMOUNT
MESA, ARIZONA
MARICOPA COUNTY
DD
DD
TP
050214
9/9/2022
SP02
2
2
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602) 263-1100
Arizona Blue Stake, Inc.
CASE # Z2022156
Grade=1216.39
Freeway Grade=1226.00
Subject Property:
Northeast of Highway 87 and Loop 202 interchange
2333 N. Country Club Dr., Mesa, AZ 85201
APN 136-17-001Q
Zoning District: IND-2 IUPD
Submitted to:
Maricopa County
Planning and Development
301 W. Jefferson St., Suite 170
Phoenix, AZ 85003
Submittal Date: August 9, 2022
Resubmittal Date: September 19, 2022
Arrington Outdoor Advertising: Digital
Billboard Conversion
Special Use Permit Narrative
Digital Billboard Conversion
Case: Z2022156
Special Use Permit Request:
Special Use Permit for the digital conversion of both faces of an existing legally non-
conforming v-shaped static billboard.
(Maricopa County Zoning Ordinance Sections 1403.3 & 1404.3).
P a g e | ii
Development Team
Owners
PJT Enterprises, LLC
2333 N. Country Club Drive
Mesa, Arizona 85201
Applicants
4343 EAST CAMELBACK ROAD, SUITE 210
PHOENIX, AZ 85018
CONTACT: CAROLYN OBERHOLTZER
TEL. 602.888.7860
Engineer
BOWMAN CONSULTING GROUP
1295 WEST WASHINGTON, STE. 108
TEMPE, ARIZONA 85281
TEL. (480) 629-8830
P a g e | iii
TABLE OF CONTENTS
Page
I.
Introduction
1
II.
Existing Conditions
1
III.
Sign
2
IV.
Purpose of Request
2
V.
Description of Proposal
3
VI.
Relationship to Surrounding Properties
5
VII.
Location and Accessibility
10
VIII. Circulation System
10
IX.
Development Schedule
10
X.
Community Facilities and Services
11
XI.
Public Utilities and Services
11
XII.
Development Standards
11
XIII. Conclusion
13
P a g e | 1
I.
Introduction
Figure 1. Aerial View of Property
II.
Existing Conditions
The Property is located immediately north of the Loop 202 Red Mountain freeway and east
of Highway 87 in Mesa. The Property’s common address is 2333 N. Country Club Drive, Mesa,
AZ 85201. The Property is part of a larger site used as a truck service and storage facility
(“Heritage Trucking Facility”). In 2014, the Property and parcels known as 136-17-001M and
136-17-001P, which are part of the Heritage Trucking Facility and total approximately 5.69 acres,
were rezoned from IND-2 to IND-2 IUPD (Case No. Z2013081). In 2015, the landowner of the
Heritage Trucking Facility acquired an approximately 2-acre parcel known as 136-17-044A
P a g e | 2
immediately north of the Property and of other portions of the Heritage Trucking Facility. That
parcel is zoned IND-2. The Sign is located near the center of the Property, while the remainder of
the Property is used primarily for outdoor vehicle storage for the Heritage Trucking Facility.
The existing billboard is oriented to the Red Mountain Freeway and has been on the Property
for over 12 years (“Existing Billboard”). In 2010, the Maricopa County Board of Adjustment
granted a variance which allowed the Applicant to increase the height of the Sign from 30’ to 50’
tall (Case No. BA20100026). In 2011, staff administratively approved the height increase (Case
No. Z2010068). The 2014 re-zone of the Property and other portions of the Heritage Trucking
Facility to IUPD did not alter the Sign’s height and size requirements. In 2018, a request to increase
the size of the Sign’s face to 14’x48’ and the height to 65’, replacing zoning and previously
approved height standards, was approved (Case No. Z2018-086).
P a g e | 3
III.
Purpose of Request
Figure 3. Distance to Other Billboards
A digital billboard offers advertising on a minimum of eight second intervals, which
appeals to a large swatch of potential advertisers that may not be able to afford a month-long lease
required by static billboards. The digital displays offer a cleaner, clearer image and are more in
line with the type of contemporary development occurring industry wide. In addition, digital
technology also provides added benefits of public and emergency messaging, including AMBER
alerts, Silver alerts, and disaster and police messages because of the convenience of changing out
copy.
IV.
Relationship to Surrounding Properties
P a g e | 4
Facility. This proposed Conversion is consistent in scale and intensity of the immediate industrial
area and surrounding Red Mountain Freeway and Highway 87. The general area has experienced
some growth in recent years, and the Property’s location near the intersection of two highways
creates a potential for future growth. The immediate vicinity is largely industrial and vacant land
on the north side of the freeway (same side as the Property) with vacant land and residential uses
on the south side of the freeway. Table A and Figure 4 below provide further detail of the
surrounding zoning and land uses.
Table A: Surrounding Zoning and Land Uses
Current Zoning
Current Uses
Subject Property
IND-2 IUPD
Existing Billboard/Outdoor Vehicle Storage
West
IND-2 IUPD
Heritage Trucking Facility/Outdoor Vehicle
Storage/ Highway 87/Bureau of Land Mgmt.
North
IND-2
Heritage Trucking Facility/Outdoor Vehicle
Storage/Bureau of Reclamation
East
IND-2
Heritage Trucking Facility/Outdoor Vehicle
Storage
South
Freeway
None/Red Mountain Freeway
Figure 4. Surrounding Zoning Map
P a g e | 5
V.
Description of Proposal
The proposed Conversion will adhere to the conditions of the MCZO as set forth in
Sections 1403.3 and 1404.3 and will continue to meet all development standards of the Property’s
approved IND-2 IUPD zoning. Off-site advertising signs, digital and static, are permitted in
industrial zoning districts (IND-2 & IND-3), subject to the following conditions.
1. When either an existing or proposed static or digital billboard is located 3 miles or greater
from the boundary of any incorporated city or town, it shall maintain a radial separation
distance from any other static or digital billboard of 3,000 feet. Measurement shall be from
the vertical edge of the sign face closest to the sign face of the structure to which is being
measured. Measurement shall not cross any freeway. MCZO § 1403.3.1.A.1.a.
This provision is not applicable to the Billboard. The Billboard is located within
three miles of the City of Mesa boundary.
2. When either an existing or proposed static or digital billboard is located fewer than 3 miles
from the boundary of any incorporated city or town, it shall maintain a radial separation
distance from any other static or digital of 1,000 feet. Measurement shall be from the vertical
edge of the sign face closest to the sign face of the structure to which is being measured.
Measurement shall not cross any freeway. MCZO § 1403.3.1.A.1.b.
There are three off-site signs located within 1,000’ to the east and west of the
Billboard along the Red Mountain Freeway, as depicted in Figure 3 above. As
such, the existing Billboard is considered legally non-conforming. In order to
maintain the Billboard’s current location, this request includes a variation of
development standards to decrease the required radial separation from another
billboard to 500’, mirroring current ADOT separation standards. See
Development Standards Chart in Section XII.
3. Setback Requirements: There shall be a minimum 0-foot setback from any property line, except
as follows:
a. No billboard shall be erected located within 100 feet of any residential zoning district
boundary or a parcel boundary of a residential use in a rural zoning district, whether or
not separated by a public right-of-way. MCZO § 1403.3.1.B.1
The proposed Billboard is not within 100’ of any residential zoning district or
a parcel boundary of a residential use in a rural zoning district. The nearest
residential zoning district or residential use is located approximately 980’ to
the south across the Red Mountain Freeway in the City of Mesa. See Figure 5
below.
P a g e | 6
b. No illuminated or digital billboard shall be located within 150 feet of a residential zoning
district boundary or a parcel boundary of a residential use in a rural zoning district
(refer to Chapter 11, Section 1112). MCZO § 1403.3.1.B.2
The proposed Billboard is not within 150’ of a residential zoning district or a
parcel boundary of a residential use in a rural zoning district. The nearest
residential zoning district or residential use is located approximately 980’ to
the south on the other side of the Red Mountain Freeway. Illumination will
comply with all ordinance standards. See Figure 5 below.
Figure 5. Distance to Residential
c. No billboard shall be located within 500 feet of any park, school or roadside rest area.
MCZO § 1403.3.1.B.3
The proposed Billboard is not located within 500’ of any park, school or
roadside rest area.
4. No billboard(s) shall have features that emit sound or be audible in any manner. MCZO §
1403.3.1.C
The proposed Billboard will not be audible in any manner.
P a g e | 7
5. No billboard(s) shall be located in or within 660 feet of a Scenic Corridor Overlay Zoning
District. MCZO § 1403.3.1.D
The proposed Billboard is not located in or within 660’ of a Scenic Corridor
Overlay Zoning District.
6. No billboard(s) shall be located on any property located within any Maricopa County
Scenic Corridor. MCZO § 1403.3.1.E
The proposed Billboard is not located within a Maricopa County Scenic
Corridor.
Further, as provided in the MCZO Section 1404.3.F., an off-site advertising sign is subject
to thefollowing development standards:
1. Static and digital billboards located within 300 feet of an existing freeway:
a. Shall be limited to 48 feet above adjacent grade or elevation of the main travel
lanes of a freeway immediately adjacent to the billboard or subject property
(whichever is greater but not to exceed 70 feet), inclusive of all billboard
embellishments and attachments, excluding additional 3 feet for top mounted
lighting fixtures. MCZO § 1403.3.1.F.2.a.
Case Number Z2018086 approved a major amendment to IND-2 IUPD zoning
development standards to increase the sign height to 65’ (excluding another
four feet above the top of the sign) and the maximum sign face area to 672 sf.
The existing zoning remains per MCZO § 1403.3.1.L and is not superseded by
the 2021 Text Amendment. This request will not alter the 65’ height or 672 sf
sign face area of the Existing Billboard. See site plan elevations reflecting
adjacent freeway grade.
b. Shall be limited to 672 square feet in sign face area. The maximum square
footage of sign area may be exceeded by up to 20% by use of billboard
embellishments. MCZO § 1403.3.1.F.2.a.
Each Billboard sign face area will not change from the existing size of 672 sf.
Furthermore, Case Number Z2018086 approved a 672 sf sign face area the
existing zoning remains per MCZO § 1403.3.1.L.
2. A billboard may be double-faced or “V” shaped, provided the “V” shape is designed
so that there 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 45 degrees. MCZO § 1403.3.1.G
The Billboard is “V” shaped with two faces. The distance between the faces is
no greater than 54 inches at the apex, and the angle is no greater than 45 degrees.
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3. Any modifications to a billboard within the Military Airport and Ancillary Military
Facility Overlay Zoning District shall require a new Use Compatibility and
Consistency Determination (UCCD) pursuant to Section 1010. MCZO § 1403.3.1.H.
The Billboard is not located within the Military Airport and Ancillary Military
Facility Overlay Zoning District.
4. All lighting shall adhere to Article 1112.3.2 of the Maricopa County Zoning
Ordinance. MCZO § 1403.3.1.I.
The lighting of the proposed Billboard will adhere to Article 1112.3.2 of the
MCZO.
In addition, the Zoning Ordinance applies the following general conditions to digital
billboards:
1. Digital billboards shall be permitted if: MCZO § 1403.3.1.J.1.
a. Located fewer than 3 miles from the boundary of an incorporated city or
town.
The proposed Billboard is located within a County island, less than three miles from
the City of Mesa boundary.
b. If within 300 feet of and oriented towards an existing freeway’s main travel
lanes as classified by Maricopa County as of December 15, 2021.
The proposed Billboard is within 300’ of Red Mountain Freeway and the
orientation will remain oriented toward the main travel lanes of the Red
Mountain Freeway.
2. Digital billboards shall include optical down angled LED’s, and horizontal louvers
(as well as vertical louvers if within 500 feet of a residential zoning district boundary
or a residential use in a rural zoning district) extending past the diode at a minimum
of .480” to minimize light trespass. MCZO § 1403.3.1.J.2.
The proposed Billboard will include the required optical down angled LED’s
and horizontal louvers to minimize light trespass. Because the billboard is not
within 500’ of residential zoning district or use, vertical louvers are not
required. The louver technology that will be used is detailed in attached
exhibits along with enhanced light mitigation technology. The light
mitigation technology reduces the viewing angle from 140 degrees (standard
viewing) to 60 degrees (light mitigation). This reduces the light spillage from
unwanted areas such as residential areas. The proposed light blocking
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technology keeps light focused toward the intended audience and limits light
emitted to adjacent environments.
3. Network time shall be made available on all digital sign faces to federal, state, and
local public safety agencies for emergency messaging. Such messages shall override
all copy for one hour and shall then be displayed for no fewer than eight seconds in
every minute as long as needed. MCZO § 1403.3.1.J.3.
Network time on the Billboard will be made available to federal, state, and
local public safety agencies for emergency messaging.
4. Digital billboards shall adhere to the provisions of Article 1401.3 of this Chapter,
except that from 11:00 p.m. until sunrise all digital billboard illumination shall be
extinguished, and all digital billboards shall be equipped with an automatic devise to
assure compliance. These illumination requirements shall not be applicable to the
display of any Amber Alert or other governmental emergencies, or for other
emergency situations as determined by the Zoning Administrator. Further, in the
event of an electronic malfunction the sign shall be shut off until repairs have been
made to restore the electronic messaging system. MCZO § 1403.3.1.J.4.
The proposed Billboard will adhere to the provisions of Article 1401.3 of the
Zoning Ordinance and be equipped so that all illumination is automatically
extinguished from 11:00pm until sunrise and shall be shut off in the event of a
malfunction until repairs are made.
5. Display time shall not change-message more than once every 8 seconds. There shall
be no animation, flashing, blinking or moving lights. In the transition between copy
changes, there shall be no sense of movement from one image to the next. MCZO §
1403.3.1.J.5.
The message display time will not change more than once every 8 seconds
and the Billboard will not have any animation, flashing, blinking, or moving
illumination.
6. Dimmers on all digital billboards shall be set in the evening hours (from sunset to
11:00 p.m.) not to exceed 300 nits. MCZO § 1403.3.1.J.6.
From sunrise to 11:00pm the proposed Billboard shall have dimmers set to not
exceed 300 nits.
7. The digital billboard shall have an automatic turn-off mechanism in case of
malfunction. MCZO § 1403.3.1.J.7.
The proposed Billboard will have an automatic turn-off mechanism in case of
malfunction.
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8. All lawfully existing static billboards on December 15, 2021, that become non-
conforming due to Ordinance amendment on said date may not be modified or
converted to digital unless brought into conformance with all requirements of this
Ordinance; with the exception, that support columns may be relocated a maximum of
20 feet from the existing location, and or replace upward lighting with downward
lighting as stated in 1112.7.1. MCZO § 1403.3.1.J.8.
The existing static billboard became legally nonconforming due to the 2021
Text Amendment. Per MCZO § 1403.3.1.K., “a legal non-conforming static
billboard that does not meet all requirements of this Article may be modified
or converted to digital with approval of a Special Use Permit.”
9. A legal non-conforming static billboard that does not meet all requirements of this
Article may be modified or converted to digital with approval of a Special Use Permit
in accordance with Article 1301.1.21 of this Ordinance. MCZO § 1403.3.1.K
The existing static billboard is legally nonconforming because of the
approximate 500’ separation to two off-sight signs to the east and west.
Therefore, we are requesting this special use permit in accordance with Article
1301.1.21 of this Ordinance.
VII. Location and Accessibility
The Heritage Trucking Facility and Property are located on West Lehi Road. Access to the
Property is from West Lehi Road from the north by way of approximate 25' wide driveways.
VIII. Circulation System
The Billboard can be accessed at the north end of the Property. All vehicle traffic to the Billboard
will come from West Lehi Drive.
IX. Development Schedule
If approved, the development requested will be constructed in a single phase with construction
anticipated later this year.
X. Community Facilities and Services
The nearest park, schools, and school districts are listed below:
Facility
Name
Approximate Distance
from Billboard
Park
City of Mesa Park, Whitman Park
3,590’
School
Whitman Elementary School
2,915’
School District
Mesa Unified School District
0’- Located within MUSD
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XI. Public Utilities and Services
The following utilities and services apply to this Property:
Table B: Utility and Service Providers
Water
City of Mesa
Wastewater
City of Mesa
Electrical
Arizona Public Service
Natural Gas
Southwest Gas Corporation
Communications
Cox Communications, Century
Link
Police
City of Mesa
Fire
Salt River Fire Department
School District
Mesa Unified School District
XII. Development Standards
On the following page are the proposed Development Standards, including the proposed
variation.
REGULATION
BASE ZONING
DISTRICT
REGULATIONS
(IND-2)
BASE ZONING
DISTRICT
REGULATIONS
(IND-2 IUPD)
PROPOSED ZONING
REGULATIONS
(IND-2 IUPD SUP)
Building Height
40’
40’
40’
Min. Front Yard
10’
10’
10’
Min. Side Yard
3’
0’
0’
Min. Rear Yard
25’ (abutting rural
or residential)
0’ (other zoning
districts)
0’ (abutting rural
or residential)
0’ (other zoning
districts)
0’ (abutting rural or
residential)
0’ (other zoning districts)
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
60’
Max. Lot Coverage
60%
60%
60%
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Max. Billboard
Height, within 300’ of
an Existing Freeway
48’ (above the
greater of
adjacent grade
or elevation of
the main travel
lanes of a
freeway, but not
to exceed 70’)
65’ (above
adjacent grade)
65’ (above adjacent grade)
Min. Distance from
another Billboard,
within 3 Miles of a
Municipality
1000’
1000’
500’
Max. Billboard Face
Area, within 300’ of
an Existing Freeway
672 sq. ft.
672 sq. ft. w/ 10%
embellishment
672 sq. ft. w/ 10%
embellishment
Min. Distance of
Illuminated Billboard
from
Rural/Residential
Zoning
150’
150’
150’
Min. Distance of
Non-Illuminated
Billboard from
Rural/Residential
Zoning
100’
100’
100’
Min. Distance of
Billboard from a
Park, School or
Roadside Rest Area
500’
500’
500’
This application includes a requested variation of the minimum radial distance
from another billboard within 3 miles of a municipality (“Billboard Separation”) from
1,000’ to 500’. The required Billboard Separation was recently modified in the 2021
Text Amendment. The changes to the Ordinance now require a 1,000’ radial separation
between billboards on the same side of the freeway regardless of orientation, whereas
the previous version of the Ordinance took into account the street to which a billboard
was oriented. As a result, the Billboard was made legal nonconforming as it is
approximately 505’ from an existing billboard to the east. The request of a 500’
separation would permit the Billboard to remain in its current location and mirrors
ADOT’s 500’ separation requirement, which has been applied to the billboards on this
stretch of the SR202 freeway.
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XIII. Conclusion
As is demonstrated above, this request to convert both faces of an existing off-site
advertising sign from static to digital, while maintaining the maximum 65’ height and 672sf size
approved in the Z2018086 zoning case will increase the pool of potential advertisers, improve
image clarity, and better match the surrounding development along Red Mountain freeway.
Standard Design:
140 Degrees (70 left and 70 Right
Light Mitigation Design:
60 Degrees (30 left and 30 Right
Light Mitigation Technology Comparison
The light mitigation technology reduces the viewing angle from 140
degrees (standard viewing) to 60 degrees (light mitigation). This
reduces the light spillage from unwanted areas such as residential
areas.
Light Mitigation Technology Left viewing at 40 degrees
Our louver design narrows viewing angle to 60 degrees without
affecting brightness, color uniformity or image quality.
Light Mitigation Technology Straight-on viewing
Our light blocking technology keeps light focused towards your
intended audience and limits light emitted to adjacent environments.
Light Mitigation Technology Right viewing at 40 degrees