Z2022109 BOS REPORT.PDF

Maricopa County — Formal (2022-10-19)

View PDF Item 14 Meeting page

Extracted text (via pymupdf) 59080 characters
October 19, 2022 
Z2022109 
Page 1 of 3 
Report to the Board of Supervisors 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Board Hearing Date: 
October 19, 2022 
 
Case #/Title:   
 
 
Z2022109 – LCO Outdoor Advertising – Billboard Digital 
Conversion 
 
Supervisor District: 
1 
 
Applicant & Owner:  
Bergin, Frakes, Smalley & Olberholtzer (BFSO) & Gilbert Drive 
Industrial Partners, LLC 
 
Request: 
Special Use Permit (SUP) for conversion of a legal non-
conforming (LNC) billboard in the IND-2 IUPD zoning district 
 
Site Location: 
Generally located approx. 600’ northeast of the NEC of Mary 
St. & Gilbert Dr. in the Tempe area 
 
Site Size: 
Approx. 2,200 sq. ft. (0.05 acres) 
 
County Island Status: 
Yes, Tempe 
Additional 
Comments: 
The SUP to upgrade an existing static billboard to a digital 
face within 300’ of the main travel lane of a freeway (Loop 
202). The billboard is LNC by government action (TA2018001 
amended the minimum billboard separation distance from 
1,000’ linear along the same street to a 1,000 radial 
separation; and finalled construction permit that resulted in 
the billboard within 500’ of a public park). The SUP will codify 
the LNC elements and allow the digital conversion.  While the 
County’s land use designation defaults to Rural Development 
Area, the City of Tempe General Plan land use designation is 
mixed-use and allows commercial uses, the site is within the 
rather urban north Tempe county island entirely zoned IND-2.  
The City did not comment on the request.  Staff received 
comments from Tempe Elementary School District #3 that 
indicated no concerns.  There are no outstanding concerns 
from County review agencies. There is no known opposition. 
In general, staff considers a digital face to be more aesthetic 
than traditional illumination of a billboard. 
 
Commission  
 
Recommendation: 
On 9/22/22, the Commission voted 8-0 to recommend 
approval of Z2022109 subject to conditions ‘a’ – ‘g’:

October 19, 2022 
Z2022109 
Page 2 of 3 
a. 
Development of the site shall be in substantial conformance with the Site Plan 
entitled, “LCO Outdoor Advertising – Digital Billboard Conversion” consisting of 4 
pages dated September 8, 2022, and stamped received September 8, 2022, 
except as modified by the following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative 
Report entitled “Special Use Permit Narrative for Digital Billboard Conversion”, 
consisting of 17 pages, dated revised August 12, 2022, and stamped received 
August 15, 2022, except as modified by the following conditions. 
 
c. 
The SUP shall comply with the conditions of approval for Z2016010 except as 
modified by the following conditions:  
 
1. Min. Off-Site Sign Distance from Another Off-Site Sign within 3 Miles of a 
Municipality – 500’ 
2. Min. Off-Site Sign Distance from a Park, School or Roadside Rest Area – 470’ 
 
d. 
Upon discontinuation, termination or abandonment of the billboard use for a 
period of 90 or more days, the SUP shall become void. All site improvements 
associated with the special use permit shall be removed within 90 days of such 
expiration or termination of use. 
 
e. 
The following Planning Engineering conditions shall apply: 
  
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. 
 
f. 
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. 
 
g. 
The granting of this Special Use Permit has been at the request of the applicant, 
with the consent of the landowner.  The granting of this approval allows the 
property owner to enjoy uses in excess of those permitted by the land use existing 
on the date of the application, subject to conditions.  In the event of the failure to 
comply with any condition of approval, the property shall change to the land use 
designation that existed on the date of the application.  It is, therefore, stipulated 
and agreed that 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 the value of the 
property from the value it held on the date of application due to such revocation.  
The Special Use Permit enhances the value of the property above its value as of 
the date the Special Use Permit is granted and changing to the prior land use 
designation results in the same value of the property as if the Special Use Permit 
had never been granted.

October 19, 2022 
Z2022109 
Page 3 of 3 
 
Presented by: 
 
Adam Cannon, AICP, Senior Planner 
Reviewed by: 
 
Darren Gerard, AICP, Planning Manager   
 
Attachments: 
 
9/22/22 P&Z Packet (35 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.

Z2022109 
Page 1 of 8 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Case: 
Z2022109 – LCO Outdoor Advertising – Billboard Digital Conversion 
 
 
Hearing Date: 
September 22, 2022 
 
Supervisor District: 
1 
 
 
 
  
 
Applicant: 
Bergin, Frakes, Smalley & Olberholtzer (BFSO) 
 
Owner: 
Gilbert Drive Industrial Partners, LLC 
   
Request: 
Special Use Permit for Digital Billboard Conversion in the IND-2 IUPD 
zoning district 
 
  
 
Site Location: 
Approx. 600’ northeast of the NEC of Mary St. & Gilbert Dr. in the 
Tempe area 
 
  
Site Size: 
Approx. 2,200 sq. ft. 
 
Density: 
N/A 
 
County Island:  
Yes, City of Tempe 
 
 
County Plan: 
Vision 2030 Maricopa County Comprehensive Plan – Rural 
Development Area (0-1 d.u./ac) 
 
Municipal Plan: 
City of Tempe General Plan – Mixed-Use 
 
Municipal Comments: 
None received to date  
 
Support/Opposition: 
No known support or opposition 
 
Recommendation: 
Approve with conditions

Z2022109 
Page 2 of 8 
Project Summary: 
 
1. 
The applicant is requesting a Special Use Permit in the IND-2 IUPD zoning district on 
approx. 2,200 sq. ft to convert a static billboard to a digital billboard, and to modify the 
development standards of the IND-2 IUPD zoning district. The subject property is located 
approx. 600’ northeast of the NEC of Mary St. and Gilbert Dr. and is designated as Rural 
Development Area (0-1 d.u./acre) in the Vision 2030 Maricopa County Comprehensive 
Plan. The subject property is also designated as Mixed-Use in the City of Tempe General 
Plan. 
 
2. 
The site’s uses include a scrap metal sorting and recycling facility and an existing 
billboard.  The most recent available aerial photography shows that the subject property 
is surrounded by industrial property.  A second billboard is located just over 500’ to the 
west.   
 
3. 
The subject property is zoned IND-2 IUPD.  Staff received an application for a POD 
(Z2007138) for structures associated with the industrial use and a billboard.  At the time, 
the applicant removed the billboard from the POD. Shortly thereafter, the BOS approved 
a zone change from IND-2 to IND-2 IUPD in 2009 (Z2008124) to allow for the development 
of the billboard upon approval of the initial POD.  Staff approved the initial POD in 2009.  
In 2016, the BOS approved a major amendment to the zone change (Z2016010) to allow 
for an increase in the maximum sign face area (672 sq. ft.) and an increase in the 
maximum height (54’).  The billboard is located approx. 531’ from another billboard to 
the west where the zoning ordinance requires a billboard to maintain a radial separation 
distance of 1,000’ from any other static or digital billboard within 3 miles of the boundary 
of any incorporated city or town. At the time of original approval, the billboard located 
at the corner of Mary Street and Gilbert Drive had not been approved.  The approval of 
the Mary Street and Gilbert Drive billboard created both a legal non-conforming linear 
distance separation under the old ordinance and a legal non-conforming radial distance 
separation under the revised ordinance.  The billboard is also located approx. 482’ from 
a park where the zoning ordinance states that no billboard shall be located within 500’ 
of any park, school or roadside rest area. As the Board on two separate occasions 
approved a zone change that permitted the billboard and the major amendment 
permitting modifications to billboard development standards whilst the park was present, 
the distance from the park is also legal non-conforming.  Per the zoning ordinance, a 
legal non-conforming static billboard that does not meet all the requirements of Chapter 
14, Article 1403.3. may be modified or converted to digital with approval of a Special Use 
Permit.  The applicant submitted the current SUP request to digitize the existing billboard 
and vary standards changed as part of the recent text amendment to allow the 
digitization to occur.  The billboard will not be reoriented or relocated as it is already 
oriented in parallel to a driver’s line of sight and in the direction of travel lanes so that an 
individual does not have to turn their head to see the billboard. 
 
4. 
Staff will note that since approval of the initial POD, subsequent structures have been 
added to the site that appear to not conform to the zoning ordinance and appear to 
not have permits issued such as a structure that crosses property lines. Additionally, 
conditions from previous cases appear to have not been followed with respect to the 
industrial use. Staff will investigate the site and make a determination as to whether a 
violation case should be opened on the site.

Z2022109 
Page 3 of 8 
5. 
The subject site is zoned IND-2 IUPD. The applicable standards for this district and the IND-
2 IUPD SUP are listed below:   
 
REGULATION 
BASE ZONING DISTRICT 
REGULATIONS 
(IND-2) 
EXISTING ZONING 
DISTRICT 
REGULATIONS (IND-2 
IUPD) 
PROPOSED ZONING 
REGULATIONS  
(IND-2 IUPD SUP) 
Height  
40’ 
40’ 
40’ 
Min. Front Yard 
10’ 
10’ 
10’ 
Min. Side Yard 
3’ 
3’ 
3’ 
Min. Rear Yard 
25’ (abutting rural or 
residential) 
25’ (abutting rural or 
residential) 
25’ (abutting rural or 
residential) 
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% 
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’) 
54’ (above 
adjacent grade) 
54’ (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. 
672 sq. ft. 
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’ 
470’ 
 
The applicant is requesting two variations in standards.  The first is to reduce the minimum 
required distance from another billboard from 1,000’ to 500’.  The second is to reduce the 
minimum distance of the billboard from a park, school or roadside rest area. The approval 
of the Mary Street billboard rendered the existing billboard legal non-conforming as the 
previous distance conformed to the billboard-to-billboard distance requirement.   
Additionally, the previous approvals on the subject property allowed for the billboard to 
exist on the subject property within 500’ of a park.  The digitization of the billboard will 
provide a better aesthetic quality.

Z2022109 
Page 4 of 8 
 Exhibit 1 - 2022 Aerial Map 
 
 
 
Exhibit 2 – IND-2 IUPD Zoning District and Surrounding Zoning Districts

Z2022109 
Page 5 of 8 
Exhibit 3 – Site Plan 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
6. 
On-site: 
 
IND-2 IUPD / Industrial 
North: 
IND-2 / Industrial 
South: 
City of Tempe MU-4 & Loop 202 / Highway and Park 
East: 
IND-2 / Industrial 
West: 
IND-2 / Industrial 
 
 
Utilities and Services: 
 
7. 
Water: 
 
City of Tempe 
Wastewater: 
City of Tempe 
School District: 
Tempe Union High School District #13 
 
Tempe Elementary School District #3 
Fire: 
Tempe County Island Fire District 
Police:  
MCSO 
 
Right-of-Way: 
 
8. 
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 
Gilbert Dr. 
30’ 
30’ 
Local Road

Z2022109 
Page 6 of 8 
Adopted Plans: 
 
9. 
Vision 2030 Maricopa County Comprehensive Plan (Adopted: 2016): The Maricopa 
County Comprehensive Plan identifies this site as Rural Development Area (0-1 d.u./acre).  
This land use designation encourages low-density rural residential and agricultural uses. 
 
10. 
City of Tempe General Plan 2040 (Amended: 2020): The subject property is designated as 
a Mixed-Use land use in the City of Tempe General Plan.  Land is used for a mixture of 
residential and commercial uses on a site. This category encourages creatively designed 
developments that create a living environment, reflective of a village or activity hub, in 
which there is the opportunity to live, work and recreate in the same development or 
within the area. Basic criteria for development include reasonable scale to the 
surrounding neighborhood, encouragement of alternative modes of transportation (such 
as transit, bicycling and walking) and a well-conceived plan with access to and 
integration of transit facilities. 
 
Public Participation Summary: 
 
11. 
The applicant has complied with the Maricopa County Citizen Review Process with the 
required posting of the site and notification by first class mail to adjacent property owners 
and HOA’s within 300’ of the subject parcel and notification to interested parties.  A 
Public Participation Results Report was submitted to Staff in accordance with County 
requirements. Staff received no letters of opposition or support for the request. Staff did 
receive comments from Tempe Elementary School District #3 that indicated no concerns.  
Staff received no comments from the City of Tempe regarding the request. 
 
Outstanding Concerns from Reviewing Agencies: 
 
12. 
N/A 
 
Staff Analysis: 
 
13. 
Staff considers this site to be an appropriate site for a billboard.  Billboards, including 
digital billboards, are a permitted use in the current IND-2 IUPD zoning district. There is an 
existing billboard on site.  While the County land use designation is rural, the City of Tempe 
land use designation is mixed-use which allows commercial uses.  Additionally, this site is 
surrounded by industrial uses and is 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. 
 
14. 
The applicant is requesting to modify two standards including minimum distance of one 
off-site sign to another off-site sign, and the minimum distance between an off-site sign 
and a park.  Staff supports the distancing request as this is a previously permitted billboard 
and a digital face billboard is generally more aesthetic than traditional illumination.   
  
Recommendation: 
 
15. 
For the reasons outlined in this report, staff recommends the Commission motion for 
Approval of Z2022109 subject to the following conditions ‘a’ – ‘g’:

Z2022109 
Page 7 of 8 
 
a. 
Development of the site shall be in substantial conformance with the Site Plan 
entitled, “LCO Outdoor Advertising – Digital Billboard Conversion” consisting of 4 
pages dated September 8, 2022, and stamped received September 8, 2022, 
except as modified by the following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative 
Report entitled “Special Use Permit Narrative for Digital Billboard Conversion”, 
consisting of 17 pages, dated revised August 12, 2022, and stamped received 
August 15, 2022, except as modified by the following conditions. 
 
c. 
The SUP shall comply with the conditions of approval for Z2016010 except as 
modified by the following conditions:  
 
1. Min. Off-Site Sign Distance from Another Off-Site Sign within 3 Miles of a 
Municipality – 500’ 
2. Min. Off-Site Sign Distance from a Park, School or Roadside Rest Area – 470’ 
 
d. 
Upon discontinuation, termination or abandonment of the billboard use for a 
period of 90 or more days, the SUP shall become void. All site improvements 
associated with the special use permit shall be removed within 90 days of such 
expiration or termination of use. 
 
e. 
The following Planning Engineering conditions shall apply: 
  
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. 
 
f. 
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. 
 
g. 
The granting of this Special Use Permit has been at the request of the applicant, 
with the consent of the landowner.  The granting of this approval allows the 
property owner to enjoy uses in excess of those permitted by the land use existing 
on the date of the application, subject to conditions.  In the event of the failure to 
comply with any condition of approval, the property shall change to the land use 
designation that existed on the date of the application.  It is, therefore, stipulated 
and agreed that 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 the value of the 
property from the value it held on the date of application due to such revocation.  
The Special Use Permit enhances the value of the property above its value as of 
the date the Special Use Permit is granted and changing to the prior land use

Z2022109 
Page 8 of 8 
designation results in the same value of the property as if the Special Use Permit 
had never been granted.  
 
Presented by: 
Adam Cannon, AICP, Senior Planner 
Reviewed by: 
Matthew Holm, AICP, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Site Plan (reduced 8.5”x11”, 4 pages) 
 
Narrative Report (17 pages) 
 
Engineering Comments (1 page) 
 
MCESD Comments (1 page) 
 
Tempe Elementary School District #3 Comments (3 pages)

GILBERT  STREET
SCOTTSDALE  ROAD
MILLER  ROAD
SECTION "A"
LOOKING WEST
N.T.S.
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
 LCO OUTDOOR ADVERTISING
BILLBOARD DIGITAL CONVERSION
14'X48' BILLBOARD 25' V CENTERMOUNT
1080 E. GILBERT ST.  TEMPE,  ARIZONA
MARICOPA COUNTY
DD
DD
JG
1"=30'
050214-01-001
09/08/2022
PD01
1
2
DRAINAGE STATEMENT:  
LEGAL DESCRIPTION (PROPERTY)
 LCO OUTDOOR ADVERTISING - DIGITAL BILLBOARD CONVERSION
REQUEST: SPECIAL USE PERMIT FOR DIGITAL BILLBOARD CONVERSION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 4 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
APN: 132-18-001D
MARICOPA COUNTY, ARIZONA
SITE
VICINITY MAP
APPLICANT:
SITE DATA
CASE # Z2022109
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
BILLBOARD YARD
DEVELOPMENT STANDARDS .
NOTES:  
NOTES:
LEGAL DESCRIPTION (BILLBOARD EASEMENT)
SITE COVERAGE:  
SHEET INDEX:

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
LCO OUTDOOR ADVERTISING
BILLBOARD DIGITAL CONVERSION 
14'X48' BILLBOARD 25' V CENTERMOUNT
TEMPE, ARIZONA
MARICOPA COUNTY
AS NOTED
050214-01-001
09/02/2022
PD02
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 # PA20222014

11/15/21
47'-9-1/8"
(DIMENSION INCLUDES FINISHED BOARDER)
25'-9-1/4"
(PICKUP POINTS)
13'-7-1/2"
(DIMENSION INCLUDES FINISHED BOARDER)
13'-1-3/8"
(VISUAL OPENING)
47'-2-7/8"
(VISUAL OPENING)
WEIGHT OF LED DISPLAY APPROX. 7700lbs
 3'-10-1/2" 
47'-9-1/8"
(DIMENSION INCLUDES FINISHED BOARDER)
 3'-10-1/2" 
 8'-0" 
 8'-0" 
 8'-0" 
 8'-0" 
 8'-0" 
A
B
C
 8-1/4" 
 6-7/8" 
 1'-3-1/8" 
DETAIL B
SCALE 1 : 18
UNIVERSAL MOUNTING SHUTTLE
& ASTM A325 HARDWARE PROVIDED
BY MEDIA RESOURCES INTERNATIONAL
DETAIL C
SCALE 1 : 18
LED SHELF BRACKET WITH 5/8"
A325 BOLTS, A563 NUTS & F436
WASHERS (SUPPLIED BY OTHERS)
DETAIL A
SCALE 1 : 18
STRUCTURAL COLUMNS MUST
BE VERIFIED TO PROVIDE
CORRECT NUMBER OF MOUNTING
CLAMPS
MOUNTING SHUTTLE ASSEMBLY
CONNECTION CONDITION #2
EDGE OF VERTICAL FLANGE TO
CONTACT TENSION-BOLT TO
EDGE OF VERTICAL (MUST MEET
CONDITION 1 AND/OR 2)
CONNECTION CONDITION #1
EDGE OF ANGLE TO CONTACT
WEB OF VERTICAL HSS  (MUST 
MEET CONDITION 1 AND/OR 2)
MOUNTING SHUTTLE ASSEMBLY
NOTES:
1. MOUNT SIGN TO STRUCTURE USING 5/8"
 BOLTS, A563 NUTS & F436 WASHERS
2. TORQUE FASTENERS TO 75 LB-FT, MAXIMUM 100 LB-FT
DISPLAY SPECIFICATIONS
DISPLAY IS ALL ALUMINUM 
•
CONSTRUCTION.
DISPLAY IS FRONT AND REAR 
•
ACCESSIBLE.
DISPLAY SHIPS IN TWO SECTIONS.
•
DISPLAY INSTALLATION OBLIGATORY 
CONDITIONS
CUSTOMER IS RESPONSIBLE FOR 
•
DESIGNING AND CERTIFYING THE 
SUPPORT STRUCTURE.
CUSTOMER IS RESPONSIBLE FOR 
•
OBTAINING LOCAL CERTIFICATION 
FOR THE STEEL MOUNTING 
STRUCTURE.
CUSTOMER IS RESPONSIBLE FOR 
•
SUPPLYING EQUIPMENT WITH  
SUITABLE SAFETY FACTOR TO LIFT 
DISPLAY.
CUSTOMER IS RESPONSIBLE FOR 
•
CONFIRMING THE STRUCTURAL 
VERTICAL QUANTITY AND SIZE.
LED DISPLAY IS TO BE SUPPORTED 
•
EVENLY ACROSS ALL LEDGERS.  
SUPPORTING LEDGERS SHOULD NOT 
EXCEED  1/16" TOLERANCE ON THE 
ELEVATIONS. ENSURE AN EVENLY 
DISTRIBUTED LOAD  APPLICATION OF 
SHIMS WHERE  NECESSARY.
16.67mm 10H x 36W RGB SF w/Cellular and Webcam
MRI
PROJECT
CUSTOMER
DIMENSIONS ARE IN mm's (INCHES shown in brackets)
INTERPRET DIMENSIONS AND TOLERANCES
PER ASME Y14.5M-1994
TOLERANCES APPLY AS SHOWN BELOW
11/15/21
R. YORK
0 PL DEC
1 PL DEC
2 PL DEC
3 PL DEC
ANGLES
SURFACE ROUGHNESS
DATE
DATE
NOTES:
1. MATERIAL:  " THICK
2. FINISH:  
3. COATING:   
DO NOT SCALE DRAWING
UNLESS OTHERWISE SPECIFIED
C. QIAN
APPROVED
CHECKED BY
DRAWN BY
DATE
SHEET 1 OF 4
  lbs
WEIGHT
14x48 OS General Arrangement
14' x 48' OVERSEAS DIGITAL
10H x 36W MODULES, 240H x 864W PIXELS
16.67mm RGB
1:75
B
SCALE
REVISION
DRAWING NO
SIZE
TITLE
± 0.2
± 0.1
± 0.01
± 0.005
± .1°
32 µ in
THIS DRAWING, AND THE INFORMATION CONTAINED THEREIN, IS THE CONFIDENTIAL PROPRIETARY INFORMATION OF MEDIA 
RESOURCES INTERNATIONAL AND MAY NOT BE USED OR REPRODUCED WITHOUT APPROVAL OF MEDIA RESOURCES 
INTERNATIONAL. ALL RIGHTS RESERVED.
11/15/21
TROY MACAVELIA
WORK ORDER NO
MEDIA RESOURCES INTERNATIONAL
TEL: 1.800.667.4554
FAX: 1.905.337.9531
1387 CORNWALL ROAD   OAKVILLE ONTARIO
11/15/21
 3'-10-1/2" 
 3'-10-1/2" 
 8'-0" 
 8'-0" 
 8'-0" 
 8'-0" 
 8'-0" 
SHUTTLES MAY NOT BE IN EXACT LOCATION SHOWN UPON ARRIVAL
DUE TO SHIPPING BRACKETS. ONCE LED DISPLAY IS OFF-LOADED
PLEASE LOOSEN BOLTS ON SHUTTLES AND ADJUST TO SITE CONDITION
16.67mm 10H x 36W RGB SF w/Cellular and Webcam
MRI
PROJECT
CUSTOMER
DIMENSIONS ARE IN mm's (INCHES shown in brackets)
INTERPRET DIMENSIONS AND TOLERANCES
PER ASME Y14.5M-1994
TOLERANCES APPLY AS SHOWN BELOW
11/15/21
R. YORK
0 PL DEC
1 PL DEC
2 PL DEC
3 PL DEC
ANGLES
SURFACE ROUGHNESS
DATE
DATE
NOTES:
1. MATERIAL:  " THICK
2. FINISH:  
3. COATING:   
DO NOT SCALE DRAWING
UNLESS OTHERWISE SPECIFIED
C. QIAN
APPROVED
CHECKED BY
DRAWN BY
DATE
SHEET 2 OF 4
  lbs
WEIGHT
14x48 OS General Arrangement
14' x 48' OVERSEAS DIGITAL
10H x 36W MODULES, 240H x 864W PIXELS
16.67mm RGB
1:40
B
SCALE
REVISION
DRAWING NO
SIZE
TITLE
± 0.2
± 0.1
± 0.01
± 0.005
± .1°
32 µ in
THIS DRAWING, AND THE INFORMATION CONTAINED THEREIN, IS THE CONFIDENTIAL PROPRIETARY INFORMATION OF MEDIA 
RESOURCES INTERNATIONAL AND MAY NOT BE USED OR REPRODUCED WITHOUT APPROVAL OF MEDIA RESOURCES 
INTERNATIONAL. ALL RIGHTS RESERVED.
11/15/21
TROY MACAVELIA
WORK ORDER NO
MEDIA RESOURCES INTERNATIONAL
TEL: 1.800.667.4554
FAX: 1.905.337.9531
1387 CORNWALL ROAD   OAKVILLE ONTARIO
CONTROL / NETWORK PANEL LOCATED BEHIND
DOOR 12 of 18 (FROM BACK LEFT)
MAIN LOAD CENTER LOCATED BEHIND
DOOR 10 of 18 (FROM BACK LEFT)
SUB PANEL OFF CONTACTOR LOCATED
BEHIND DOOR 9 of 18 (FROM BACK LEFT)
TOP SECTION SUB PANEL OFF
CONTACTOR LOCATED BEHIND
DOOR 12 of 18 (FROM BACK LEFT)
SPARE PANEL LOCATED BEHIND
DOOR 11 of 18 (FROM BACK LEFT)
 1/4" 
 6" 
 1'-5/8" 
 6-7/8" 
 5'-10-1/8" 
 8-5/8" 
 5'-10-1/8" 
 7-7/8" 
 13'-7-1/2" 
 14'-1-3/4" 
16.67mm 10H x 36W RGB SF w/Cellular and Webcam
MRI
PROJECT
CUSTOMER
DIMENSIONS ARE IN mm's (INCHES shown in brackets)
INTERPRET DIMENSIONS AND TOLERANCES
PER ASME Y14.5M-1994
TOLERANCES APPLY AS SHOWN BELOW
11/15/21
R. YORK
0 PL DEC
1 PL DEC
2 PL DEC
3 PL DEC
ANGLES
SURFACE ROUGHNESS
DATE
DATE
NOTES:
1. MATERIAL:  " THICK
2. FINISH:  
3. COATING:   
DO NOT SCALE DRAWING
UNLESS OTHERWISE SPECIFIED
C. QIAN
APPROVED
CHECKED BY
DRAWN BY
DATE
SHEET 3 OF 4
  lbs
WEIGHT
14x48 OS General Arrangement
14' x 48' OVERSEAS DIGITAL
10H x 36W MODULES, 240H x 864W PIXELS
16.67mm RGB
1:65
B
SCALE
REVISION
DRAWING NO
SIZE
TITLE
± 0.2
± 0.1
± 0.01
± 0.005
± .1°
32 µ in
THIS DRAWING, AND THE INFORMATION CONTAINED THEREIN, IS THE CONFIDENTIAL PROPRIETARY INFORMATION OF MEDIA 
RESOURCES INTERNATIONAL AND MAY NOT BE USED OR REPRODUCED WITHOUT APPROVAL OF MEDIA RESOURCES 
INTERNATIONAL. ALL RIGHTS RESERVED.
11/15/21
TROY MACAVELIA
WORK ORDER NO
MEDIA RESOURCES INTERNATIONAL
TEL: 1.800.667.4554
FAX: 1.905.337.9531
1387 CORNWALL ROAD   OAKVILLE ONTARIO
11/15/21
8"x6"x3.5" ELECTRICAL INPUT J-BOX
INTAKE VENT LOCATED AT
BOTTOM OF DOOR (TYPICAL)
REMOVABLE HINGED REAR ACCESS
DOORS
4"x4"x2" ELECTRICAL HOOKUP
BOX
FAN EXHAUST (TYPICAL AT TOP
OF DOOR)
PG13 DOME CONNECTORS
FOR ANTENNA
FIRST VERTICAL UPRIGHT ON BACK
OF CABINET (FROM BACK RIGHT)
PHOTOCELL CONNECTION #1 & #2
CAMERA CONNECTION
LOWER CABINET DOOR 18 of 18
(FROM BACK LEFT)
LOWER CABINET DOOR 17 of 18
(FROM BACK LEFT)
16.67mm 10H x 36W RGB SF w/Cellular and Webcam
MRI
PROJECT
CUSTOMER
DIMENSIONS ARE IN mm's (INCHES shown in brackets)
INTERPRET DIMENSIONS AND TOLERANCES
PER ASME Y14.5M-1994
TOLERANCES APPLY AS SHOWN BELOW
11/15/21
R. YORK
0 PL DEC
1 PL DEC
2 PL DEC
3 PL DEC
ANGLES
SURFACE ROUGHNESS
DATE
DATE
NOTES:
1. MATERIAL:  " THICK
2. FINISH:  
3. COATING:   
DO NOT SCALE DRAWING
UNLESS OTHERWISE SPECIFIED
C. QIAN
APPROVED
CHECKED BY
DRAWN BY
DATE
SHEET 4 OF 4
  lbs
WEIGHT
14x48 OS General Arrangement
14' x 48' OVERSEAS DIGITAL
10H x 36W MODULES, 240H x 864W PIXELS
16.67mm RGB
1:14
B
SCALE
REVISION
DRAWING NO
SIZE
TITLE
± 0.2
± 0.1
± 0.01
± 0.005
± .1°
32 µ in
THIS DRAWING, AND THE INFORMATION CONTAINED THEREIN, IS THE CONFIDENTIAL PROPRIETARY INFORMATION OF MEDIA 
RESOURCES INTERNATIONAL AND MAY NOT BE USED OR REPRODUCED WITHOUT APPROVAL OF MEDIA RESOURCES 
INTERNATIONAL. ALL RIGHTS RESERVED.
11/15/21
TROY MACAVELIA
WORK ORDER NO
MEDIA RESOURCES INTERNATIONAL
TEL: 1.800.667.4554
FAX: 1.905.337.9531
1387 CORNWALL ROAD   OAKVILLE ONTARIO

Associate memberships  OAAA, ISA, SAC, CWB
Standard
LEDs
Optical Down Angle LEDs
 Increased visual uniformity & quality for viewers
 Decreased light pollution upwards
 Better light utilization & power efficiency
Media Resources
ODA LEDs
DOOH – Media Resources VISIONiQ
with Optical Down-Angle LEDs for perfect image 
reproduction at much higher angles
Traditional LEDs for DOOH
Note fade at top of board
MEDIA RESOURCES – ODA LEDs
1.800.667.4554
mediaresources.com
1387 Cornwall Rd. Oakville, Ontario Canada  L6J 7T5   |   T 905.337.0993   |   F 905.337.9531 
TORONTO  |  CALGARY |  EDMONTON  |  VANCOUVER  |  MONTRÉAL  |  PHOENIX  |  FORT MYERS  |  CHICAGO  |  ST. LOUIS  
Symmetric LED with equal light dispersion up and down
Asymmetric LED with light energy re-directed from up to downward direction
Vertical R Pattern
Horizontal R Pattern
100%
IF=20mA
Ta=25ºc
50 %
0%
90º
90º
60º
60º
30º
30º
0º
RELATIVE LUMINOUS INTENSITY
1.0
H-H
V-V
0.5
0
-90º
-60º
-30º
0º
0º
10º
20º
30º
40º
50º
60º
70º
80º
90º
0.5
1.0
COMPARISON OF RADIATION PATTERN
Associate memberships  OAAA, ISA, SAC, CWB
1.800.667.4554
mediaresources.com
1387 Cornwall Rd. Oakville, Ontario Canada  L6J 7T5   |   T 905.337.0993   |   F 905.337.9531 
TORONTO  |  CALGARY |  EDMONTON  |  VANCOUVER  |  MONTRÉAL  |  PHOENIX  |  FORT MYERS  |  CHICAGO  |  ST. LOUIS

Special Use Permit Narrative for 
Digital Billboard Conversion 
 
    
 
       
    
 
 
Project: 
LCO Outdoor Advertising- Digital Billboard Conversion  
Case No. Z2022109 
 
Subject Property: 
Approx. 600’ NE of the NEC of Mary St. and Gilbert Dr.  
APN 132-18-001D 
Zoning District: IND-2 IUPD  
 
Submitted to: 
Maricopa County 
Planning and Development 
301 W. Jefferson St., Suite 170 
Phoenix, AZ 85003 
 
Submittal Date: May 24, 2022 
Resubmittal Date: August 12, 2022 
 
Special Use Permit Request:  
Special Use Permit for Digital Billboard Conversion.  
(Maricopa County Zoning Ordinance Sections 1403.3 & 1404.3).

ii
 
 
 
 
Development Team 
 
 
Owners 
Gilbert Drive Industrial Partners, LLC 
 
 
 
 
Zoning/Entitlements 
 
      
 
4343 EAST CAMELBACK ROAD, SUITE 210 
PHOENIX, AZ   85018 
CONTACT:  Andrew Yancey, Esq. 
TEL.  602.899.0217 
ayancey@bfsolaw.com 
 
 
 
Engineer 
BOWMAN CONSULTING GROUP  
1295 WEST WASHINGTON, STE. 108 
TEMPE, ARIZONA 85281 
TEL. (480) 629-8830

iii
 
 
Table of Contents 
 
Page 
I. 
Introduction 
1 
II. 
Purpose of Request 
1 
III. 
Relationship to Surrounding Properties 
3 
IV. 
Description of Proposal  
4 
V. 
Location and Accessibility 
11 
VI. 
Circulation System 
11 
VII. 
Development Schedule 
11 
VIII. Community Facilities and Services  
11 
IX. 
Public Utilities and Services  
12 
X. 
Development Standards Table  
12 
XI. 
Conclusion  
14

1
I. 
Introduction 
This request is for a special use permit (“SUP”) to convert both faces of an existing legally 
non-conforming v-shaped static billboard to digital (“Conversion”) on a 2.31 acre parcel along the 
north side of SR 202 at 1080 E. Gilbert Drive, also known as Maricopa County Assessor’s Parcel 
Number 132-18-001D (“Property”).  An aerial map is provided in Figure 1 below.  The Property 
is currently used for outdoor storage and zoned IND-2 IUPD (case Z2016010) in an area that is 
zoned for similar industrial uses. Conversion of this sign to digital will broaden the base of 
potential advertisers for this site and be consistent with the modernizing development along the 
SR 202 corridor in this area.  No changes are proposed to the billboard’s existing height, size, or 
location. 
 
Figure 1. Aerial Map 
 
 
 
 
II. 
Purpose of Request 
 
The existing billboard is oriented to the 202 Freeway and has been on the Property since 
2011 (“Billboard”).  It is 54’ in height with two 672 sf sign faces, and it is top lit. The height and 
sign face area were approved in 2016 through an IUPD Overlay (Z2016010) and will be 
maintained as part of this proposal.  See Figure 2 below for a photograph of the Billboard.

2
Figure 2. Photo of Existing Billboard 
 
 
 
Last year, the Maricopa County Zoning Ordinance (“MCZO”) was amended by 
TA2018001 to allow conversions to digital and requires a 1,000’ radial separation between 
billboards on the same side of the freeway regardless of orientation (“2021 Text Amendment”). 
As a result, the Billboard was made legal nonconforming as it is within the 1,000’ radius of an 
existing billboard to the west (Mary Street & Gilbert Drive) and is eligible for conversion to digital 
through the special use permit.   
 
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 along this freeway corridor with Tempe 
Marketplace and sleek, modern office buildings near Tempe Town Lake.  See Figure 3 below for 
a map of the SR 202 corridor through this area.  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.   
 
Figure 3. Map of 202 Corridor

3
III. 
Relationship to Surrounding Properties  
The Property is located in a roughly 70-acre industrial area of the County, situated on SR-
202 and is surrounded by the City of Tempe. With exception of a small 40’ x 55’ section at the 
southeast corner of the Property occupied by the Billboard, the Property is generally used for 
outdoor storage.  Access to the site is from the south via a driveway from Gilbert Drive. Adjacent 
to the Property are industrial zoned parcels to the north, east, and west. South of the property is 
Gilbert Drive/SR 202.  
 
This proposed Conversion is consistent in scale and intensity with the immediate industrial 
area and surrounding SR 202 corridor.  The Property is surrounded by industrial uses: to the west 
is a salvage yard, to the north an auto/truck sales lot, and to the east is a commercial warehouse.  
Tempe’s General Plan 2040 designates the site as Mixed-Use, which is intended for a mixture of 
residential and commercial uses.  This category encourages creatively designed developments that 
create a living environment reflective of the area.  The proposed digitization of the billboard face 
will improve and modernize the overall aesthetics of the area, consistent with the Mixed Use 
designation.  No changes to height or location are proposed that would conflict with the 
designation.  Table A and Figure 4 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/Storage 
West  
IND-2 
Salvage Yard 
North  
IND-2 
Auto/Light Truck Sales 
East  
IND-2 
Industrial Warehouse  
South 
Arterial 
Gilbert Drive and State Route 202 
 
Figure 4. Surrounding Zoning Map

4
IV. 
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 Tempe 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 is one off-site sign located within 1,000’ to the west of the Billboard 
along the SR 202 freeway.  See Figure 5 on the following page.  As such, the 
existing Billboard is considered legally non-conforming, triggering the need for 
a special use permit to convert the billboard to digital.  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 X.

5
Figure 5. Distance to other Billboards 
 
 
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 over 1,000’ to the north 
in the City of Tempe.  See Figure 6 below.

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 over 1,000’ to the north.  
Illumination will comply with all ordinance standards.  See Figure 6 below. 
 
Figure 6. Distance to Residential

7
c. No billboard shall be located within 500 feet of any park, school or roadside rest area. 
MCZO § 1403.3.1.B.3 
 
The Billboard is not located within 500’ of a school or roadside rest area; 
however, it is located approximately 470’ from the parcel boundary (“Parcel 
Boundary”) of a City of Tempe park (“Park”) located on the other side of the 
SR202 freeway.  While the billboard is within 500’ of the Parcel Boundary, 
the usable park area is over 100’ farther south, across a road and maintenance 
access area, resulting in approximately 600’ of separation between the 
Billboard and portions of the park that will be used for recreation.  As part of 
this application, the Applicant is requesting a variation of the 500’ required 
separation requirement from a City park to 470’ to allow the billboard to 
remain in its current location.  This request does not propose changes to the 
existing location of the Billboard, which has been in place for 11 years.  The 
proposed variation is reflected within the attached Development Standards 
Chart found in Section X.   
 
Figure 7. Distance to Park  
 
 
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.

8
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  the following 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 Z2016010 approved a zone change major amendment that 
included an IUPD Overlay amending the development standards to increase 
the sign height to 54’ (excluding another four feet above the top of the sign) 
and the sign area to 672 sq. ft.  In that case, height was measured from 
adjacent grade.  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 
54’ height or 672 sf sign face area of the existing Billboard.  Further, as 
measured from the main travel lanes of the adjacent freeway, the Billboard’s 
height is 41’, which is within the current Zoning Ordinance’s 48’ maximum, 
and the height above adjacent grade remains 54’, which is less than the 70’ 
“not to exceed” height. 
 
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 face is proposed to be 672 sf. Furthermore, Case Number 
Z2016010 approved a 672 sq. ft. sign face area and the existing zoning remains 
per MCZO § 1403.3.1.L.

9
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. 
 
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 MCZO 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 Tempe 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 SR 202 and the orientation will 
remain oriented toward the main travel lanes of SR 202. 
 
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.

10
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 
MCZO 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 sunset 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. 
 
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

11
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 another off-site sign to the west.  Therefore, 
we are requesting this special use permit in accordance with Article 1301.1.21 
of the Ordinance.  
 
V.  Location and Accessibility  
 
The Property is located adjacent to the SR-202 Red Mountain Freeway, approximately 
1,300’ east of Rural Road on Gilbert Drive.  Access to the Property is from the south by way of a 
25' wide asphalt paved driveway.   
 
VI. Circulation System   
 
The Property can be accessed via a gate at the south end of the Property. From there, access 
to the rest of the site is not limited.  All vehicle traffic will come from Gilbert Drive.  
 
VII. Development Schedule  
 
 
If approved, the development requested will be constructed in a single phase with 
construction anticipated later this year.  
 
VIII. Community Facilities and Services 
 
The nearest park, schools, and school districts are listed below:  
 
Facility 
Name 
Approximate Distance 
from Billboard 
Park 
City of Tempe Park, near Ten01 building 
476’ 
School 
Laird Elementary School 
1.2 miles 
School  
Arizona State University 
1.3 miles 
School District 
Tempe Union High School District/ Tempe 
Elementary School District 
N/A

12
IX. Public Utilities and Services 
 
The following utilities and services apply to this Property:  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
X. Development Standards 
 
 
Below are the current development standards, including the proposed variations.  
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’ 
3’ 
3’ 
Min. Rear Yard 
25’ (abutting rural 
or residential) 
0’ (other zoning 
districts) 
25’ (abutting rural 
or residential) 
0’ (other zoning 
districts) 
25’ (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% 
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’) 
54’ (above 
adjacent grade) 
41’ (above freeway main 
travel lanes) 
54’ (above adjacent grade) 
Table B: Utility and Service Providers 
Water 
City of Tempe 
Wastewater 
City of  Tempe 
Electrical 
Arizona Public Service 
Natural Gas 
Southwest Gas Corporation 
Communications 
Cox Communications, Century Link 
Police 
Maricopa County Sherriff’s Office 
Fire 
City of Phoenix 
School District 
Tempe Union High School District/ Tempe Elementary 
School District

13
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. 
672 sq. ft. 
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’ 
470’ 
 
 
 
This application includes two variation requests to permit the Billboard to remain in its current 
location: (1) minimum radial distance from another billboard within 3 miles of a municipality 
(“Billboard Separation”) from 1,000’ to 500’ and (2) minimum distance from the Billboard to a 
park (“Park Separation”) from 500’ to 470’.  
 
 
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 530’ from an existing billboard to the west.  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.  
 
 
The Park Separation variation from 500’ to 470’ is also necessary to maintain the current 
location of the Billboard, which has been in place for 11 years.  Although the Park’s Parcel 
Boundary falls within the 500’ separation, the usable park space is farther south across a road, 
approximately 600’ from the Billboard.  In addition, the intervening SR 202 between the Park and 
the Billboard further minimizes any impact on park visitors.

14
 
XI. Conclusion 
 
As is demonstrated above, this request to convert both faces of an existing off-site 
advertising sign from static to digital with corresponding development standard updates, while 
maintaining the maximum 54’ height and 672sf size approved in the 2016 IUPD zoning case, 
will increase the pool of potential advertisers, improve image clarity, and better match the 
surrounding development along this prime commercial corridor.

Robert Fedorka, P.E. 
Planning & Development 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 506-7151 
Fax: (602) 506-8762 
www.maricopa.gov/planning 
Email address: 
Bob.Fedorka@Maricopa.gov 
  
Maricopa County 
Planning & Development Department 
Engineering Plan Review 
  
 
 
 
Date:   
 
June 24, 2022 
 
Memo To: 
Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Adam Cannon, Planner, Planning & Development Services 
 
 
From: 
Robert Fedorka, P.E., Engineering Supervisor, Planning & Development 
Services 
 
cc: 
Michael Norris, P.E., Engineering Manager, Planning & Development 
 
Subject:   
Z2022109 – SUP to Convert Existing Billboard to Digital 
 
 (E1 Memo) 
 
Job Site Address: 
1080 E. Gilbert Dr., Tempe 
 
APN(s): 
132-18-001D 
 
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st 
submittal of the subject application routed for review on June 14, 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.

Subdivision, Infrastructure & 
Planning Program 
1001 N. Central Avenue #150 
Phoenix, Arizona 85004 
Phone: (602) 506-1058 
Fax: (602) 506-5813  
TDD 602 506 6704 
Maricopa County 
Environmental Services Department 
Water and Waste Management Division  
DATE: June 27, 2022  
 
TO : 
Adam Cannon, Planning & Development Dept. 
 
 
Planner 
 
 
 
 
 
 
 
FROM: Souren Naradikian, P.E. 
 
 
Senior Civil Engineer 
 
SUBJECT: Convert both sides of an existing V-shaped static billboard to digital. 
Z2022109 
 
The Maricopa County Environmental Services Department (MCESD) has reviewed 
documents received from the Maricopa County Planning and Development Department 
for the above referenced project. This project is a request to Convert billboard to 
digital sign at APN # 132-18-001D. According to the submitted documents, water and 
sewer services will not be needed, MCESD has no concerns.  
 
Based on the above, MCESD raised no objection to this project to the Planning & 
Development Department in Accela Automation on June 27, 2022 and the project 
may proceed at this time subject to the following stipulations: 
 
Condition: 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.

From:
Brittany Franklin
To:
Adam Cannon (PND)
Subject:
Re: Z2022109 - Special Use Permit for Billboard Digital Conversion
Date:
Wednesday, June 22, 2022 4:00:00 PM
Thank you so much! I'll share with others at the district and will be sure to reach out with any
comments we may have.
I appreciate your help and hope you're doing well!
--
On Wed, Jun 22, 2022 at 3:07 PM Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
wrote:
Good afternoon Brittany,
 
This would not be related.  This is a proposed billboard at a site and we are required to route
to you for any comments you may have as you are within the notification area.  I attached
the site plan in the event you have any comments.
 
Best regards,
 
 
Adam Cannon, AICP
Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0292

adam.cannon@maricopa.gov
 
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.
 
 
 
 
 
From: Brittany Franklin <brittany.franklin@tempeschools.org> 
Sent: Monday, June 20, 2022 9:40 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: Re: Z2022109 - Special Use Permit for Billboard Digital Conversion
 
Hello Adam!
 
I wanted to touch base to see if there is something Tempe Elementary should be aware of
regarding this.  We don't have Billboards, but we do have marquees at our school and
district offices.  Is this related at all?  Any information you could provide would be greatly
appreciated.
 
Much thanks and hope you had a great weekend!
--

On Tue, Jun 14, 2022 at 6:08 PM Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
wrote:
Good afternoon all,
 
This e-mail serves as notification of an application we have received from Bergin, Franks,
Smalley & Oberholtzer (BFSO) for a Special Use Permit for a Billboard Digital
Conversion.  Applicable documents for review are available on the Online Permit
Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx.  You can
search for the case by using the Special Use Permit case number Z2022109. 
 
A virtual TAC meeting has been scheduled for Tuesday, July 19, 2022 at 9:45 a.m.  If you
would like to participate, please contact me and I will send you access details.
 
Please let me know if you have any questions or concerns.
 
Best regards,
 
Adam Cannon, AICP
Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0292
adam.cannon@maricopa.gov
 
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.