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August 17, 2022 Z2022066 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: August 17, 2022 Case #/Title: Z2022066 – CCO I-10 & Chandler Supervisor District: 1 Applicant/Owner: Taylor Earl, Earl & Curley, PLLC / Eller Acquisition Inc. Request: Special Use Permit (SUP) for digital conversion of a Legal Non- Conforming (LNC) static billboard Site Location: Generally located at the NEC of I-10 and Pecos Rd. in the Chandler area Site Size: Approx. .5 acres County Island Status: Yes (City of Chandler) Additional Comments: There are no outstanding concerns from reviewing agencies. There is no known opposition. The request is to convert both faces of an existing billboard to digital. The MCZO allows for static LNC billboards to convert to digital face with approval of a SUP. The billboard is LNC because it is only 507’ from an existing billboard to the north where the ordinance now requires a 1,000’ minimum radius separation, and 299’ from a public park where the ordinance requires a minimum 500’ separation. Additionally, the billboard is 299’ from a public park, where the ordinance now requires 500’ minimum separation distance. Staff believes that this an appropriate entitlement since the billboard is oriented towards the freeway and surrounded by industrial and commercial uses. There are no residential zones within 150’ and no schools or rest areas within 500’ of the subject site. Pecos Park is located directly across the Interstate, with a portion of sports fields and a dog park lying within the sunken right-of-way parcel owned by ADOT. The edge of the RoW parcel is 299’ from the edge of the vertical face of the billboard. The digital faces of the billboard are oriented toward the interstate and staff believes there will be no impact on the public park facility because the park is sunken down besides the Interstate and will not be visible from the sports fields and dog park. The park is visually and physically separated from the billboard by the freeway. Commission August 17, 2022 Z2022066 Page 2 of 3 Recommendation: On 7/21/22, the Commission voted 6-0 to recommend approval of Z2022066 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Site Plan“, consisting of one full-size sheet, dated July 2021, and stamped received March 28, 2022 , except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Clear Channel Outdoor Northeast corner of I-10 and Pecos Road”, consisting of four pages, dated March 21, 2022, and stamped received June 28, 2022, except as modified by the following conditions. c. 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. d. The digital billboard shall be in conformance with Article 1403.3.1.J. of the Maricopa County Zoning Ordinance. e. All outdoor lighting shall comply with Section 1112 of the Maricopa County Zoning Ordinance. f. 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. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Presented by: Daniel Johnson, Planner August 17, 2022 Z2022066 Page 3 of 3 Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 7/21/22 P&Z Packet (14 pages) Note: 7/21/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2022066 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022066 – CCO I-10 & Chandler Hearing Date: July 21, 2022 Supervisor District: 1 Applicant: Taylor Earl, Earl & Curley, PLLC Owner: Eller Acquisition Inc. Request: Special Use Permit for Digital Conversion of a Legal Non-Conforming Static Billboard Site Location: Generally located at the NEC of I-10 and Pecos Rd. in the Chandler area Site Size: Approx. .5 acres Density: N/A County Island: Yes (City of Chandler) County Plan: Industrial Municipal Plan: City of Chandler – Employment Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2022066 Page 2 of 7 Project Summary: 1. The applicant is seeking to convert both faces of an existing billboard from static to digital. Since the billboard is only 507’ south of another existing billboard it does not meet the current radial distance requirement of 1,000’. MCZO 1403.3.1.A.1.b allows for billboards that were rendered Legal Non-Conforming (LNC) by TA2018001 to convert to digital via an approved Special Use Permit. 2. The IND-3 zoning district was established over the subject parcel via Z27-66 which was approved on August 10, 1966. 1976 County historical aerial photographs show an older billboard erected on the subject site. By 1986, historical photographs show the current billboard structure. Staff research found no other entitlements or building permits were identified related to the billboard. The structure falls under legal non-conforming after being in place unchanged since 1986. 2022 Aerial Image Z2022066 Page 3 of 7 Zoning Exhibit Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: IND-3 / Billboard & Wireless Facility Monopole North: Not Zoned/ ADOT Right-of-Way / Loop 202 interchange from I-10 South: Gila River Reservation / Industrial Storage East: IND-3 / Dispensary West: ADOT Right-of-Way I-10 then City of Phoenix General Commercial Utilities and Services: 4. Water: N/A Wastewater: N/A School District: N/A Fire: Chandler County Island Fire District Police: Maricopa County Sheriff’s Office Right-of-Way: 5. 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 Pecos Rd. NA NA Private easement Z2022066 Page 4 of 7 Adopted Plan: 6. City of Chandler General Plan (adopted 2016): The City of Chandler General Plan identifies the future land use for the subject parcel as “employment.” Public Participation Summary: 7. The applicant posted the site and sent out the required 300’ notification letters. In addition, a neighborhood meeting was held in April 2022. Per applicant’s Citizen Participation Results Report, no public comment had been received as of June 30, 2022. At the writing of this report there is no known support or opposition. Outstanding Concerns from Reviewing Agencies: 8. N/A Staff Analysis: 9. Staff research found no related entitlement or building permit for the subject billboard. The billboard appears to have existed in its current location since 1986. A second existing billboard to the north was erected in 2003 which is approximately 507’ from the subject billboard. With the passage of TA2018001 billboards must adhere to 1000’ radial separation rendering the subject billboard LNC. The MCZO allows for static LNC billboards to convert to digital with an approved SUP. Staff is in the opinion that this is an appropriate entitlement for the subject billboard since it is oriented towards the freeway and is surrounded by mostly industrial and commercial uses. Furthermore, the subject billboard appears appropriately sited for digital conversion since there are no residential zones or uses within 150’ that would be affected by the digital conversion, and there are no parks, schools, and rest areas within 500’ of the subject property. 10. Staff does note, however, that the existing static billboard is currently illuminated from the bottom up. A digital conversion, with the use of louver technology, may create an aesthetic improvement and eliminate unnecessary upward light trespass. MCZO 1403.3.1.F.2.a allows billboards within 300’ of a freeway main travel lane to be 48’ above natural grade or the elevation of the freeway, whichever is greater. The applicant proposes to comply with the 48’ height requirement. Z2022066 Page 5 of 7 2022 Google Street view image showing bottom up illumination Recommendation: 11. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022066 subject to the following conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Site Plan“, consisting of one full-size sheet, dated July 2021, and stamped received March 28, 2022 , except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Clear Channel Outdoor Northeast corner of I-10 and Pecos Z2022066 Page 6 of 7 Road”, consisting of four pages, dated March 21, 2022, and stamped received June 28, 2022, except as modified by the following conditions. c. 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. d. The digital billboard shall be in conformance with Article 1403.3.1.J. of the Maricopa County Zoning Ordinance. e. All outdoor lighting shall comply with Section 1112 of the Maricopa County Zoning Ordinance. f. 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. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Presented by: Daniel Johnson, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (4 pages) Engineering comments (1 page) MCESD comments (1 page) Pt. of Sec. 32, T1S, R4E Z2022066 RCVD 03/28/22 Northeast corner of I-10 and Pecos Road (Chandler area of unincorporated Maricopa County) SUP Application for Digital Conversion of an Existing Billboard Vicinity Map Application Case #: Z2022-066 1st Submittal: March 21, 2022 Z2022066 RCVD 6/28/22 1 | P a g e Introduction & Purpose of Request: This application seeks to change the illumination method of an existing Off-Site Sign (14’x48’; 672SF) from traditional lighting to the newly approved digital lighting. The existing sign is located at the northeast corner of the I-10 and Pecos Road in the Chandler area of unincorporated Maricopa County. Clear Channel Outdoor (CCO) proposes a full removal of the existing off-site printed sign and the installation of a new off-site LED digital sign with 20’ V-shape in accordance with the Maricopa County Ordinance. The height will not exceed 48’ per the Ordinance. Table 1: Project Data A.P.N. 301-85-018C Current Land Use Printed Off-Site Sign Current Zoning District IND-3 Proposed Use Digital Off-Site Sign Gross Property Area .5 AC Net Property Area .5 AC Supervisor District 1, Jack Sellers Current Zoning: IND-3 2 | P a g e Description of Proposal: This SUP application is solely to convert an existing legal non-conforming off-site sign from a conventional lit printed billboard to a digitally LED illuminated billboard. The new off-site sign will be in the V-shape and will include digital illumination on both the north and south face. The V-shape will have a 20' wide separation and the sign face square feet will be 672SF (14’x48’). The digital panel will conform to all ordinance requirements regarding digital illumination, including hours of operation and duration. This SUP application is required due to the existence of another Clear Channel located approximately 507’ to the north, as shown below. Relationship to Surrounding Properties: The subject property is located along the eastern frontage of the I-10 in an industrial area. The zoning and characteristics of the surrounding properties are as follows: North: IND-3 zoned industrial property South: Pecos Road; vacant land owned by the Gila River Indian Community East: IND-3 zoned industrial property West: I-10 Freeway There is no residential with 150’ of the subject property, nor is there a park/school or rest area within 500’ of the subject property. 3 | P a g e When the Board of Supervisors approved a pathway for these non-conforming billboards to change illumination methods to digital, there was strong support for allowing digital. We see the location of the subject billboard as being right in line with the Supervisor’s vision for digital conversions. Indeed, we see this board as an ideal candidate for conversion. Said another way, if this billboard is not one the County can support for digital conversion, we would struggle to understand what would be a supportable billboard. Location and Accessibility: The subject site is accessed by Pecos Road. Development Schedule: The new off-site sign will be constructed within 8-12 weeks of receiving permit. Conclusion: Conversion to Digital changeable message technology will result in a high-quality viewing experience; it will be turned off at night; and it will provide the County with a medium for important governmental messages (both emergency and non-emergency messages). The reconstructed sign will be enhanced with architectural improvements that will improve its visual appearance. This request will not result in any harm to the area. In our opinion, the Supervisors’ recent approval of a pathway to digital was intended for billboards like this one. 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: April 14, 2022 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Daniel Johnson, Planner, Planning & Development Services From: Robert Fedorka, P.E., Engineering Supervisor, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2022066 – POD to Convert/Replace Existing Billboard to/with Digital (E1 Memo) Job Site Address: 5210 W. Pecos Road APN(s): 301-85-018C PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the POD application routed for review on April 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: April 15, 2022 TO : Daniel Johnson, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Digital Conversion of an Existing Billboard. Z2022066 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 # 301-85-018C. 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 April 15, 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.