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October 19, 2022
Z2022085
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
October 19, 2022
Case #/Title:
Z2022085 – SEC of Apache & 202
Supervisor District:
2
Applicant/Owner:
Jacob Zonn / Simoncre Rubicon V LLC
Request:
Amendment to C-3 CUPD zoning district standards
Site Location:
Generally located at the SEC of Apache Trl. And Loop 202
Site Size:
7.48 acres
County Island Status:
N/A
Additional
Comments:
There are no outstanding concerns from reviewing agencies.
The applicant is seeking an amendment to the undelaying C-
3 CUPD zoning to facilitate converting the existing billboard
to digital, moving it north on site, and increasing the height
from 55’ to 70’. The billboard is being pushed north to adhere
to the 150’ separation requirement of illuminated and digital
billboards from the homes located south of the subject site.
In doing so the applicant must seek a reduction in the radial
separation distance between billboards to another existing
board to the north (916’ where 1000’ is required).
Additionally, the applicant is seeking an increase in height.
The existing billboard was permitted to be up to 55’ in height
per approved variance case BA2011010. Staff has some
concern about the impact of additional height increases that
were not addressed by the applicant. However, it should be
noted that the applicant performed a robust citizen
participation that went above the minimum requirements
and included a neighborhood meeting. Through this process
neither staff nor the applicant received negative feedback in
regards to the proposed height.
Commission
Recommendation:
On 9/22/22, the Commission voted 8-0 to recommend
approval of Z2022085 subject to conditions ‘a’ – ‘e’:
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Plan of Development“, consisting of 2 full-size sheets, dated July 14, 2022
October 19, 2022
Z2022085
Page 2 of 2
and stamped received August 3, 2022, except as modified by the following
conditions
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Narrative Report / CUPD Amendment for Digital billboards”,
consisting of 6 pages, dated August 8, 2022, and stamped received August 8,
2022, except as modified by the following conditions.
c.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this amendment to C-3 CUPD zoning district standards as
set forth in the Maricopa County Zoning Ordinance.
d.
The following Planning Engineering conditions shall apply:
1.
Application 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 of construction.
e.
The following C-3 CUPD standards shall apply:
1.
Maximum Billboard height: 70’
2.
Minimum separation distance from another billboard located to the north
across Apache Trail: 916’
Presented by:
Joseph Mueller, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
9/22/22 P&Z Packet (31 pages)
Note:
9/22/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2022085
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022085 – SEC of Apache & 202
Hearing Date:
September 22, 2022
Supervisor District:
2
Applicant:
Jacob Zonn, Becker Boards Small, LLC
Owner:
Simoncre Rubicon V LLC
Request:
Amendment to C-3 CUPD zoning district standards
Site Location:
Generally located at the SEC of Apache Trl. and Loop 202
Site Size:
Approx. 7.48 acres
Density:
N/A
County Island:
No
County Plan:
East Mesa – Urban Residential/High (0-25 du/ac)
Municipal Plan:
City of Mesa – Neighborhood
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2022085
Page 2 of 7
Project Summary:
1.
The applicant is seeking to amend the C-3 CUPD zoning district’s development standards
to facilitate the relocation, increase in height, and digitalization of a billboard. The
existing billboard on site is static, 55’ high, and is approximately 80’ from the residential
homes in the R-5 zoning district to the south. The applicant proposes to move it north to
meet the required 150’ setback / minimum separation requirement of illuminated
billboards to residential zoning district. However, in order to facilitate this relocation, the
applicant is requesting a reduction in the minimum spacing from 1000’ to 916’ from an
existing billboard to the north. Additionally, the applicant is requesting an increase in the
allowed height from 48’ from natural grade to 70’ from natural grade.
2.
The subject billboard has been permitted in the current location at the existing 55’ height
for more than 5 years. The subject parcel previously rezoned to C-3 CUPD (Z2021024). A
Plan of Development for RV/boat storage on the site was subsequently administratively
approved under the same case after BOS approval of the zone change and is currently
under construction. The current proposal will retain all previously established overlay
standards while adding additional deviations to facilitate the billboard. The applicants
held a Pre-application meeting on the current proposal (PA2022029) on March 8, 2022.
The Technical Advisory Committee meeting for the subject proposal was held May 17,
2022. In the time in between the pre-application and TAC meetings a violation
(V202200324) was opened against the parcel due to junk, trash, and debris. The
applicants quickly resolved the violation, and it has since been cleared out.
3.
The applicant is proposing the following CUPD standards:
REGULATION
C-3 CUPD per Z2021024
PROPOSED ZONING
REGULATIONS (C-3 CUPD)
Height
25’
25’
Interior Side (north)
22’
22’
Interior Side (South)
17’
17’
Front Yard (east)
2’
2’
Rear (west)
119’
119’
Parking Spaces
Required
5 spaces (1 ADA)
5 Spaces (1 ADA)
Minimum Site
Screening
8’ vinyl panel fence to be
installed for the entire
Perimeter fence, including
property line abutting any
rural
or residential zone boundary
8’ vinyl panel fence to be
installed for the entire
Perimeter fence, including
property line abutting any
rural
or residential zone boundary
Max Off-Site Sign
Height
48’
70’
Z2022085
Page 3 of 7
Min. Off-Site Sign
Separation
1,000’
916’
Proposed Site Plan
Z2022085
Page 4 of 7
2022 Aerial Image
Zoning Exhibit
4.
It should be noted that since the applicant is proposing a site plan (required plan of
development, POD) and although the zone change is a legislative approval, the POD
would be administratively approved. Therefore, POD approval is contingent upon prior
rezoning approval.
Z2022085
Page 5 of 7
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
C-3 CUPD / RV/Boat Storage
North:
Apache Trail then C-2 / Shopping Center
South:
R-5 / Single Family Residential
East:
C-3/ Self Storage
West:
Loop 202 then GC (Mesa)/ Vacant
Utilities and Services:
6.
Water:
City of Mesa
Wastewater:
City of Mesa
School District:
Mesa Unifies School District #41
Fire:
Rural Metro
Police:
Maricopa County Sheriff 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
Apache Trl.
100’
100’
Principal Arterial
Elsworth Rd.
50’
50’
Principal Arterial
Adopted Plan:
8.
East Mesa (adopted February 18, 1992): Urban Residential/High (0-25 du/ac) is noted to
be where the highest residential development densities in the County are appropriate.
The aera plan encourages high density multi-family developments as well as
neighborhood commercial at arterial street intersections. Policy A-7 of the plan also
encourages location of commercial activities on commercially zoned parcels.
9.
Mesa General Plan 2040 (June 16, 2014): The subject site is designated for Neighborhood
land uses.
Public Participation Summary:
10.
The applicant provided a relatively comprehensive Citizen Participation Plan. In addition
to the site posting and 300’ notification mailers, the applicants held a neighborhood
meeting. While the outreach efforts did yield some response, the responses all had to do
with the current construction on the site in relation to the RV/Boat storage facility being
built. No comments or concerns in relation to the proposed billboard standard deviations
where received during the outreach.
Outstanding Concerns from Reviewing Agencies:
11.
N/A.
Z2022085
Page 6 of 7
Staff Analysis:
12.
The first of the two requested deviations is in regard to the distance separation to an
existing billboard to the north. The billboard currently on site is 1000’ from a billboard to
the north (north of NEC Apache Blvd. & Loop 202 freeway). The proposal will relocate
the billboard so the separation is 916’. The billboard currently on site is only about 80’
north of the residential zoning to the south. This is less than the required 100’ setback for
a static non-illuminated billboard. The non conforming setback seems to have been a
result of a construction/inspection error for the original Plan of Development as well as
the original building permit for the billboard show a 100’ setback (Z2011076 and
B201406376). Nonetheless, with the proposed digitization of the subject billboard it will
be relocated to meet the 150’ minimum separation / setback requirement for illuminated
billboards from residential zoning. As such the applicants are proposing to relocate the
billboard to be further from residential zoning to the south but closer to another billboard
to the north. While staff is generally hesitant to support reductions in billboard spacing,
the modest reduction does seem warranted in this instance. The residential parcels to
the south will benefit from having the billboard pushed further north. Additionally, the
subject billboard and the existing billboard to the north are separated by Apache Trail,
which has a current right-of-way of 200’ acting as a visual buffer between the two
billboards (similar to how the ordinance does not require the separation between
billboards across a freeway).
13.
The second requested deviation is for billboard height. The subject billboard has
previously been granted a variance (BA2021010) to allow for a height of 55’. The
applicants are now requesting an increase to 70’. The justification for the height increase
provided by the applicant is weak and does not adequately address why height
deviation beyond what was previously requested is now warranted, other than stating it
is needed due to relocating the billboard north. Staff also has concern that any benefit
to the residents to the south from the billboard moving north may be negated by the 15’
increase in height. Those concerns aside, the applicants did perform a neighborhood
meeting and other community outreach beyond the minimum requirements without
negative feedback.
Recommendation:
14.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2022085 subject to the following conditions ‘a’ – ‘e’.
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Plan of Development“, consisting of 2 full-size sheets, dated July 14, 2022
and stamped received August 3, 2022, except as modified by the following
conditions
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Narrative Report / CUPD Amendment for Digital billboards”,
consisting of 6 pages, dated August 8, 2022, and stamped received August 8,
2022, except as modified by the following conditions.
Z2022085
Page 7 of 7
c.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this amendment to C-3 CUPD zoning district standards as
set forth in the Maricopa County Zoning Ordinance.
d.
The following Planning Engineering conditions shall apply:
1. Application 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 of construction.
e.
The following C-3 CUPD standards shall apply:
1. Maximum Billboard height: 70’
2. Minimum separation distance from another billboard located to the north
across Apache Trail: 916’
Presented by:
Joseph Mueller, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan/Land Use Plan (reduced 8.5”x11”, 2 pages)
Narrative Report/Ex. Summary (6 pages)
Narrative Exhibits (5 pages)
DPR comments (1 page)
APACHE
TRAIL
ELLSWORTH
ROAD
APN 218-41-362
McDONALDS/CHEVRON
EXISTING ZONING = C-2 / COMMERCIAL
(NOT A PART)
APN 218-41-363A
50'
R/W
150'
R/W
PLAN OF DEVELOPMENT
A PART OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 7 EAST OF
THE GILA AND SALT RIVER BASE MERIDIAN,
MARICOPA COUNTY, ARIZONA
C-3 CUPD ZONING
9023 E. APACHE TRAIL
MESA, ARIZONA
APPLICANT/SIGN OWNER
PROPERTY OWNER
REQUEST
VICINITY MAP N.T.S.
SITE
UTILITY COMMITMENT TABLE
AREA OF LOT
PARKING
PROJECT SITE & BUILDING DATA:
150'
R/W
60'
R/W
N36°44'28"E
488.59'
31.19'
A.D.O.T.LOOP 202
FRONTAGE ROAD
7
R/
N00°03'10"E 2640.26'
2190.26'
L=275.71'
Δ=7°44'39"
R=2039.86'
COMMERCIAL UNIT PLAN OF DEVELOPMENT
Bowman Consulting Group Ltd
6751 North Sunset Blvd
Suite 325
Glendale, Arizona 85305
Phone: (480) 629-8830
www.bowman.com
© Bowman Consulting Group Ltd
PLAN OF DEVELOPMENT
APN 218-41-363 A
9023 E. APACHE TRAIL
MESA, ARIZONA
MARICOPA COUNTY
----
1'=40'
7/14/22
POD01
1
1
Bowman Consulting Group Ltd
6751 North Sunset Blvd
Suite 325
Glendale, Arizona 85305
Phone: (480) 629-8830
www.bowman.com
© Bowman Consulting Group Ltd
PLAN OF DEVELOPMENT
APN 218-41-363 A
9023 E. APACHE TRAIL
MESA. ARIZONA
MARICOPA COUNTY
----
7/14/22
POD02
2
2
Narrative Report / CUPD Amendment for Digital Billboard
Project Name: 40 S Ellsworth Rd Billboard CUPD
General Location: SEC of Apache Trail and 202
Case/tracking #: Z2022085
Submittal Date: April 20, 2022
2nd Submittal Date: July 12, 2022
3rd Submittal Date: August 1, 2022
Sign Owner: Becker Boards Small, LLC
Applicant Name: Jacob Zonn
Address: 40 S Ellsworth Rd. Mesa, Arizona 85018
Purpose of Request
The applicant requests a CUPD Major Amendment (“CUPD”) to allow for a digital conversion of
both faces of the billboard structure (the “Billboard”) along the Loop 202 (the “202”), parcel #
218-41-363A (the “Property”). This 7.48 acre parcel is located in unincorporated Maricopa
County and is currently zoned C-3 CUPD (General Commercial). The billboard structure will be
relocated to be 150’ north of the properties to the south. The billboard faces will be built to
14’x48’ digital faces with vertical louver technology. The billboard height will be changed from
the current 55’ to 70’ in height. The CUPD is required due to the spacing requirements of 1,000
feet in Section 1403.3.1.A.1.b. The current billboard is 1,000’ to the nearest billboard to the
north. With the relocation to 150’ from the south, the spacing is now 916’ to the billboard to the
north.
Description of Proposal
The property is located directly adjacent to the 202 freeway with the address of 40 S Ellsworth
Rd. The billboard is along the western perimeter closest to the freeway as possible. The Property
is currently vacant and is being developed as RV storage. The property can be accessed off
Apache Trail to the north and Ellsworth Rd to the east.
The applicant is proposing to convert the current dual faced billboard to digital. The billboard is
at 55’ in height and is a full flag. The billboard has a setback 0’ from the west property line as
allowed by right. These standards were approved and will be unchanged. The setback to the
south property line will be 150’. The proposed height for this billboard will be changed to 70’
from the current 55’ because of the elevation difference between the Property and the 202 travel
lanes, and the Main St overpass. With the relocation to 150’ from the south, the spacing is now
916’ to the billboard to the north.
The billboard faces will incorporate vertical louver technology to mitigate any light spillover to
the sides of the sign faces. All other development standards of the Maricopa County Zoning
Ordinance apply. The billboard will meet the standards in Chapter 11, Section 1112 of the Zoning
Ordinance.
With the louver technology, the Applicant has also moved the board to the 150’ spacing from
residential as is required in the ordinance. The relocation has now impeded on the 1,000’ spacing
requirement. The applicant feels that the movement away from the residential is more
conducive to the surrounding area then the billboard separation requirement. The overall intent
has been met through this request and creates a better surrounding environment for the
Property, residential to the south and the surrounding area.
Exhibits 4 and 5 depict the view of the billboard at 70’ in height and the existing billboard at 55’.
The additional height is warranted based on the grade difference between the freeway and the
Property. There is also a large berm along the ADOT right-of-way that blocks the view of the right
hand read for traffic moving north. The 70’ in height will allow for the billboard to be read safely
by oncoming north bound traffic.
Commercial Unit Plan of Development
Regulation
Base Zoning District
Regulations (C-3)
Proposed Zoning District
Regulations (C-3 CUPD)
Max. Off-Site Sign Height
48’
70’’
Min. Off-Site Sign
Distance
1000’
916’
Commercial Unit Plan of Development – Z2021024
Regulation
Base Zoning District
Regulations (C-3)
Proposed Zoning District
Regulations (C-3 CUPD)
Z2021024
Max Building Height
40’
25’
Interior Side (north along
Apache Trail)
10’
22’
Interior Side (south
adjacent to residential)
10’
17’
Front Yard (east)
0’
2’
Rear Yard (west)
10’
119’
Max Lot Coverage
0’
27’
Parking Spaces Required
1/250 sq.ft.
5 Spaces (4 regular 1 ADA)
Minimum Site Screening
A solid wall, not less than six
feet in height shall be
required along and adjacent
to any side or rear property
line abutting any rural or
residential zone boundary,
or any alley abutting such
zone boundary at the time
of development of the
commercial property. The
perimeter any portion of a
site not adjacent to rural or
8’ vinyl panel fence to be
installed for the entire
Perimeter fence, including
property line abutting any rural
or residential zone boundary.
residential zone boundary
upon which any outdoor use
of a commercial nature is
permitted shall be enclosed
to a height of not less than
six feet by building walls,
walls or fences of any view-
obscuring material.
Relation to Surrounding Properties
The surrounding parcel to the east of the Property consist of C-2 zoning and is currently a
McDonalds. There is a residential development to the south of the Property zoned R-5. To the
north of the Property is Apache Trail and to the west is the 202 freeway.
North – Apache Trail. No adverse effects are expected.
South – Single-family residential. Louvers will be constructed. No adverse effects are expected.
East – Fast Food with C-2 zoning. No adverse effects are expected.
West – 202 Freeway. No adverse effects are expected.
New digital faces on the Property will allow local businesses of the east valley to advertise to
viewers. A new, quality billboard at this site will add improvement to the property and allow
for messaging to the east valley. The billboard is conducive to the development and General
Plan land use designations in the City of Mesa. This billboard is consistent with freeway types
of development and the Commercial zoning and uses on the east side of the freeway.
Location and Accessibility
The Property is accessible from Apache Trail and Ellsworth. The billboard will be reachable for
maintenance from this access point. As stated, the 202 freeway is directly to the west of the
Property. The Property has regional access via the 202 freeway.
Circulation System
The billboard is accessed from Apache Trail and Ellsworth. There will be no vehicular
movement to any surrounding properties.
Development Schedule
Once a permit is issued by Maricopa County the digital faces will be ordered and delivered within
4 weeks of being ordered. The construction process can be done in only a few days.
Community Facilities and Services
The Property is in the Mesa Unified School District. Stevenson Elementary school is the closest
school to the site at 628 S 96th St, 1.2 miles to the southeast of the Property. The City of Mesa
Skyline Park is 2.1 miles to the south of the Property.
UTILITY COMMITMENT TABLE
School District
Mesa Unified School District #41 (480) 472-9832
Electricity
Salt River Project (SRP)
(602) 236-8833
Natural Gas
Southwest
(877) 860-6020
Refuse
Waste Management
(480) 782-3510
Telephone
Century Link
(800) 244-1111
Water & Sewer
City of Mesa
(480) 644-2221
Fire Protection
Rural Metro
(480) 627-6200
Exhibit 1 - Aerial Regional Context
SEC OF 202 and Apache Trl
Exhibit 2 – Property Aerial
SEC of 202 and Apache Trl
Exhibit 3 - Zoning Map
SEC OF 202 and Apache Trl
Exhibit 4 – Rendering of Proposed Billboard at 70’
SEC OF 202 and Apache Trl
Top of Sign = 70’
Top of Existing Sign = 55’’
Exhibit 5 – Rendering of Proposed Billboard at 70’
SEC OF 202 and Apache Trl
Jeri Loucks, PECFM
Planning & Development
301 W. Jefferson Ave., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-6332
www.maricopa.gov/planning
email address:
Jeri.Loucks@maricopa.gov
Maricopa County
Planning & Development Department
Date:
May 06, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joseph Mueller, Planner, Planning & Development Services
cc:
Michael Norris P.E., Engineering Manager, Planning and Development
From:
Jeri
Loucks,
PECFM,
Engineering
Supervisor,
Planning
&
Development
Subject:
Z2022085 – Zone Change from C-2 to CUPD (Digital Billboards)
APN(s):
218-41-363A
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the
1st submittal of the POD application routed for review on April 28, 2022. PND
Engineering has no comments or objections subject to the following conditions:
Applicant shall be responsible for coordinating any requirements that may be
imposed by ADOT (redletter@azdot.gov).
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.
Page 2 of 2
DRAINAGE PLAN REVIEW REFERENCES:
The Drainage Regulations are listed in Section 1205 of the MCZO:
https://www.maricopa.gov/documentcenter/view/272
Maricopa County Drainage Policies and Standards Manual:
https://www.maricopa.gov/DocumentCenter/Home/View/2369
For Additional Information See:
https://www.maricopa.gov/1635/Drainage-Review
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES:
Floodplain Regulations for Maricopa County:
https://www.maricopa.gov/DocumentCenter/View/630
For Additional Information See:
https://www.maricopa.gov/3847/Flood-Control-District
PND TRANSPORTATION REFERENCES:
Residential Driveway Guidelines
https://www.maricopa.gov/documentcenter/view/362
Roadway Design Manual
http://www.mcdot.maricopa.gov/DocumentCenter/View/24883
Maricopa County Resolution for ROW Permits
https://www.maricopa.gov/documentcenter/view/364
For Additional Information See:
https://www.maricopa.gov/156/MCDOT
PND STORMWATER QUALITY (SWPPP) REFERENCES:
Storm Water Quality Management and Discharge Control Regulation
https://www.maricopa.gov/DocumentCenter/View/6577
Air Pollution Control Regulations Rule 310
https://www.maricopa.gov/DocumentCenter/View/5354
For Additional Information See:
https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste