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October 19, 2022 Z2022111 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: Z2022111 – Arrington Outdoor – Scottsdale Rd Supervisor District: 1 Applicant/Owner: Jayson Williams / Arrington Outdoor Advertising, LP / Tasmanian Works, LLC Request: Special Use Permit to convert LNC static billboard to digital in the IND-2 IUPD zoning district Site Location: Generally located approx. 230’ east of the NEC of Scottsdale Rd and Loop 202 Site Size: 12,138 Sq Ft County Island Status: Yes (City of Tempe) Additional Comments: There are no outstanding concerns from reviewing agencies. The applicant is seeking an SUP to allow the existing Legal Non Conforming (LNC) billboard to convert from static to digital as allowed per MCZO 1403.3.1.k. The existing billboard was lawfully permitted and erected and was rendered LNC due to a billboard located about 500’ to the east and oriented to Mary St. due to the passage of TA2018001. The applicant is not proposing any other changes to the billboard aside from the conversation. Commission Recommendation: On 9/22/22, the Commission voted 8-0 to recommend approval of Z2022111 subject to conditions ‘a’ – ‘e’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Arrington Outdoor Billboard“, consisting of 2 full-size sheets, dated August 8, 2022, and stamped received August 9, 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 Digital Billboard Conversion”, consisting of 20 pages, dated August 9, 2022, and stamped received August 9, 2022, except as modified by the following conditions. October 19, 2022 Z2022111 Page 2 of 2 c. 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. d. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. 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 125 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 Presented by: Joseph Mueller, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 9/22/22 P&Z Packet (30 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. Z2022111 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022111 – Arrington Outdoor – Scottsdale Rd Hearing Date: September 22, 2022 Supervisor District: 1 Applicant: Jayson Williams / Arrington Outdoor Advertising, LP Owner: Tasmanian Works, LLC Request: Special Use Permit to convert LNC static billboard to digital in the IND-2 IUPD zoning district Site Location: Generally located approx. 230’ east of the NEC of Scottsdale Rd Site Size: 12,138 Sq Ft Density: N/A County Island: Yes (Tempe) County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: Tempe General Plan 2040 – Mixed Use Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2022111 Page 2 of 6 Project Summary: 1. The applicant is requesting a Special Use Permit (SUP) to facilitate a digital conversion of an existing legal nonconforming (LNC) static billboard. On June 21, 2017 the Board of Supervisors approved Z2017007 which established the current IND-2 IUPD zoning on the subject site. Part of the approved overlay included allowing a maximum height of 60’ for the billboard. The following year, a minor amendment to the Plan of Development (Z2018020) was approved to shift the billboard 12’. There has been no other recent history on the subject site. The existing billboard is static, illuminated, and 60’ tall. The proposal will not alter the height nor location of the existing billboard. The billboard is LNC because it is located 517’ west of another board. At time these billboards were permitted the ordinance required a 1,000’ linear separation between billboards located along and oriented to the same street. The ordinance was subsequently amended to require a 1,000’ separation (radius, except across a freeway) separation between billboards making both billboards LNC with regard to the minimum required separation distance between billboards. The ordinance requires an SUP to make any alteration to an LNC billboard. (Note the other billboard is subject of an approved SUP Z2022051 permitting its digital conversion.) 2022 Aerial Z2022111 Page 3 of 6 Zoning Exhibit Existing On-Site and Adjacent Zoning / Land Use: 2. On-site: IND-2 IUPD / vehicle storage North: IND-2 / Auto Sales South: Gilbert Dr. Then Loop 202 / About 530’ of right-of-way East: IND-2 / vehicle storage West: Gilbert Dr. then IND -2 / vacant Utilities and Services: 3. Water: City of Tempe Wastewater: City of Tempe School District: Tempe Union High School Z2022111 Page 4 of 6 Fire: City of Phoenix Police: Maricopa County Sherriff’s Office Right-of-Way: 4. 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. 27.5’ 27.5’ NA Adopted Plan: 5. City of Tempe General Plan 2040 (adopted May 2014) The City of Tempe has identified the future land use for the subject parcel as “mixed use”. Mixed-use is defined in the plan as being a mixture of residential and commercial uses developed around a diverse array of transportation options. The plan states this land use designation should reflect a village or activity hub. Public Participation Summary: 6. The applicant conducted a Citizen Participation plan that met the minimum requirements for site posting and outreach to property owners within 300’ of the subject property. The applicant reported one response from an area property owner. Per the applicant, a phone conversation was held with the lone respondent. The Citizen Participation report documents that while the respondent conveyed general opposition to any billboard they conceded that digital billboards along the freeway are generally aesthetically pleasing and was happy to hear the billboard would not rapidly flash or scroll text. Outstanding Concerns from Reviewing Agencies: 7. N/A Staff Analysis: 8. The existing billboard was permitted per B201710405 as a traditionally illuminated billboard with top mounted lighting. Staff considers digital billboard face to be more aesthetic and less intrusive into nighttime skies that traditionally illuminated billboards. (Re)development within the north Tempe county island is viewed positively and considered to helps mitigate potential blight. The billboard modification is considered an improvement on the status quo. Staff considers this an appropriate billboard location. Additionally, if it were not for the billboard 517’ to the east the subject billboard would qualify for digitalization by right as it is within 300’ of a freeway main travel lane. Recommendation: Z2022111 Page 5 of 6 9. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022111 subject to the following conditions ‘a’ – ‘e’. a. Development of the site shall be in substantial conformance with the Site Plan entitled “Arrington Outdoor Billboard“, consisting of 2 full-size sheets, dated August 8, 2022, and stamped received August 9, 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 Digital Billboard Conversion”, consisting of 20 pages, dated August 9, 2022, and stamped received August 9, 2022, except as modified by the following conditions. c. 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. d. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. 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 125 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. Presented by: Joseph Mueller 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 (20 pages) Z2022111 Page 6 of 6 DPR comments (1 page) Subject Property: North of Red Mountain Freeway and East of Scottsdale Road APN 132-19-002T Zoning District: IND-2 IUPD Submitted to: Maricopa County Planning and Development 301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 Submittal Date: May 27, 2022 Resubmittal Date: August 3, 2022 Special Use Permit Narrative Digital Billboard Conversion 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 1404.3 & 1403.3). P ag e | ii Development Team Owner Tasmanian Works, LLC 6501 Greenway Parkway Suite 103-554 Scottsdale, AZ 85254-2070 Applicant 4343 EAST CAMELBACK ROAD, SUITE 210 PHOENIX, AZ 85018 CONTACT: Andrew Yancey TEL. 602.899.0217 AYANCEY@BFSOLAW.COM Engineer BOWMAN CONSULTING GROUP 1295 WEST WASHINGTON, STE. 108 TEMPE, ARIZONA 85281 TEL. (480) 629-8830 P ag e | iii TABLE OF CONTENTS Page I. Introduction 1 II. Existing Condition 2 III. Purpose of Request 2 IV. Relationship to Surrounding Properties 4 V. Description of Proposal 5 VI. Location and Accessibility 11 VII. Circulation System 11 VIII. Development Schedule 11 IX. Community Facilities and Services 13 X. Public Utilities and Services 13 XI. Summary 13 P ag e | 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 (“Billboard”) to digital (“Conversion”) on an approximately 0.27 acre parcel in unincorporated Maricopa County along the north side of Loop 202 (“Red Mountain Freeway”) just east of Scottsdale Road, at 922 E. Gilbert Drive, also known as Maricopa County Assessor’s Parcel Number 132-19-002T (“Property”). An aerial map is provided in Figure 1 below. The Property is currently used for storage and zoned IND-2 IUPD (Case No. Z2017007) in an area that is zoned for similar industrial uses. The proposed Conversion would maintain the Billboard’s existing location, height, and size while converting the display technology to digital so that it can increase the number of potential advertisers and be consistent with the character of significant growth along the Red Mountain Freeway. Figure 1. Aerial Map P ag e | 2 II. Existing Conditions The Property is located in a roughly 70-acre industrial area of the County, situated on the Red Mountain Freeway and is surrounded by the City of Tempe. The Property is zoned IND-2 IUPD. Per Case No. Z2017007, a height of 60’ and sign face area of 672sf is permitted for the Billboard. The Property is generally used for vehicular storage and has no structures except for the Billboard near the southeast corner. Access to the site is from the south and west via driveways from East Gilbert Drive. A photo of the Billboard is included in Figure 2. Figure 2. Photo of Existing Billboard III. Purpose of Request Last year, the Maricopa County Zoning Ordinance (“MCZO”) was amended by TA2018001 to allow digital displays and requiring 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 east (Mary Street & Gilbert Drive) and is eligible for conversion to digital through the special use permit. See Figure 3. The proposed Conversion will maintain the Billboard’s existing height, size, and location. P ag e | 3 Figure 3. Distances to Nearby Billboards A digital billboard offers advertising on a minimum of eight second intervals, which appeals to 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 4 below for a map of the 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. P ag e | 4 Figure 4. Map of 202 Corridor IV. Relationship to Surrounding Properties Adjacent to the Property are industrial zoned parcels to the north and east. South of the property is East Gilbert Drive/ Red Mountain Freeway and west is East Gilbert Drive. This proposed Conversion is consistent with the scale and intensity of the immediate industrial area and surrounding Red Mountain Freeway. The Property is surrounded by industrial uses with industrial zoned properties to the north and east. To the west is East Gilbert Drive and further west across the street is a diesel truck dealer. To the north is an auto/truck sales lot, and to the east is a commercial warehouse. Table A and Figure 5 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/Tow Yard Storage West Arterial; IND-2 E. Gilbert Drive; Diesel Truck Dealership- Canyon State Truck’s & SUV North IND-2 All City Towing- Towing Yard East IND-2 Majestic Motors AZ- Auto Repair Shop South Arterial Gilbert Drive and State Route 202 P ag e | 5 Figure 4. Surrounding Zoning Map 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. Both digital and static billboards 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. P ag e | 6 There is one off-site sign located within 1,000’ to the east of the Billboard along the Red Mountain Freeway, as depicted in Figure 3 above. As such, the 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 IX. 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 Billboard is not within 100’ of any residential zoning district or a parcel boundary of a residential use in a rural zoning district. A residential district with a multifamily use is located over 600’ to the west in the City of Tempe. See Figure 6 below. 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 Billboard is not within 150’ of a residential zoning district or a parcel boundary of a residential use in a rural zoning district. A residential district with a multifamily use is located over 600’ to the west in the City of Tempe. Illumination will comply with all ordinance standards. See Figure 6 below. P ag e | 7 Figure 6. 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 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 Billboard will not be audible in any manner. P ag e | 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 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 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 Z2017007 approved a zone change that included an IUPD Overlay amending the development standards to increase the sign height to 60’ 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. The proposed Conversion will not alter the 60’ height or 672 sf sign face area of the Billboard. Further, as measured from the main travel lanes of the adjacent freeway, the Billboard’s height is 60’, which is within the current Zoning Ordinance’s 48’ maximum, and the height above adjacent grade remains 60’, 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 face of the Billboard will maintain the existing size of 672 sf. Further, Case Number Z2017007 approved a 672 sf sign face area, and 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. P ag e | 9 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. Lighting 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 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 Billboard is within 300’ of Red Mountain Freeway and will remain oriented toward the main travel lanes. 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 Conversion 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 technology keeps light focused toward the intended audience and limits light emitted to adjacent environments. See Exhibit A. P ag e | 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 Conversion 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 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 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 P ag e | 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 Billboard is legally nonconforming because of the approximate 500’ separation to another off-sight sign to the east. Therefore, this request is for a special use permit in accordance with Article 1301.1.21 of this Ordinance. VI. Location and Accessibility The Property is located on East Gilbert Drive, approximately 200’ north of the Red Mountain Freeway, and approximately 250’ east of Scottsdale Road. Access to the Property is from East Gilbert Drive from the south and west by a paved driveway. VII. Circulation System The Billboard can be accessed at the south end of the Property. All vehicle traffic to the Billboard will come from East Gilbert Drive. VIII. Development Schedule If approved, the development requested will be constructed in a single phase with construction anticipated later this year. IX. Development Standards On the following page are the proposed Development Standards, including the proposed variation. P ag e | 12 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’) 60’ (above adjacent grade) 60’ (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’ 500’ P ag e | 13 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 517’ 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. X. 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 1,048’ School Laird Elementary School 1.2 miles School Arizona State University 2,600’ School District Tempe Union High School District/ Tempe Elementary School District N/A XI. Public Utilities and Services The following utilities and services apply to this Property: 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 XII. Conclusion This request to convert both faces of the existing Billboard from static to digital and update billboard separations, while maintaining the maximum 60’ height and 672 sf size approved in the 2017 IUPD zoning case, will increase the pool of potential advertisers, improve image clarity, and better match the surrounding development along this prime commercial corridor. Exhibit A 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 GILBERT DRIVE MILLER ROAD SCOTTSDALE ROAD 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 SITE PLAN ARRINGTON OUTDOOR BILLBOARD TEMPE, ARIZONA MARICOPA COUNTY DD DD TP 1"=20' 50349-01-001 10/20/17 SP01 1 2 DRAINAGE STATEMENT: LEGAL DESCRIPTION SITE PLAN ARRINGTON OUTDOOR BILLBOARD 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: 132-19-002T 922 E. GILBERT DRIVE MARICOPA COUNTY, ARIZONA SITE VICINITY MAP DEVELOPER: SITE DATA REFERENCE CASES# Z2018020, B201710405 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 COMMITMENT TABLE LEGEND OHE INDUSTRIAL UNIT PLAN OF DEVELOPMENT REGULATION EXISTING ZONING DISTRICT REGULATION (IUPD) BILLBOARD AREA CASE/TRACKING # Z2022111 · · · · 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 SITE PLAN ARRINGTON OUTDOOR BILLBOARD 14'x48' Single Post Center Mount Double Face 30° V-Build TEMPE, ARIZONA MARICOPA COUNTY DD DD TP 1"=20' 50349-01-001 10/20/17 SP02 2 2 CASE/TRACKING # _B201606678__ 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. Krystina Pacheco, P.E. Planning & Development 301 W. Jefferson Ave., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-8790 Fax: (602) 506-8762 www.maricopa.gov/planning Email address: Krystina.pacheco@maricopa.gov Maricopa County Planning & Development Department Engineering Plan Review Date: June 23, 2022 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Joseph Mueller, Planner, Planning & Development Services From: Krystina Pacheco, P.E., Plans Examiner Engineer, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2022111 – Loop 202 east of Scottsdale Rd - Convert Existing Billboard to Digital (E1 Memo) Job Site Address: 962 E Gilbert Drive APN(s): 132-19-002T PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the POD application routed for review on January 25, 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.