Z2022076 BOS REPORT.PDF

Maricopa County — Formal (2022-08-17)

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August 17, 2022 
Z2022076 
Page 1 of 2 
Report to the Board of Supervisors 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Board Hearing Date: 
August 17, 2022 
 
Case #/Title:   
 
 
Z2022076 – 202 & Higley – Digital Billboard 
 
Supervisor District: 
1 
 
Applicant & Owner:  
Becker Boards Small, LLC 
 
Request: 
Zone Change with Overlay from C-2 to C-2 CUPD 
 
Site Location: 
Generally located approx. 500’ east of the NEC of Higley Rd. 
& Loop 202 
 
Site Size: 
Approx. 5,520 sq. ft. (0.13 acres) 
 
County Island Status: 
Yes, Gilbert 
Additional 
Comments: 
The applicant seeks a Zone Change with Overlay from C-2 to 
C-2 CUPD to develop a digital billboard within 300’ of the 
main travel lane of a freeway. The subject property does not 
meet the minimum lot area requirement of the C-2 zoning 
district. The zone change will permit a reduced minimum lot 
area and codify previously standards varied by the Board of 
Adjustment.  While the County land use designation is rural, 
the Town of Gilbert land use designation is regional 
commercial.  Although Gilbert prohibits billboards within their 
jurisdiction, the use conforms to a commercial designation.  
The Town did not comment on the request.  Staff received 
comments from ADOT ROW Project Management indicating 
that any work or encroachment in the ROW requires a permit 
from ADOT.  Staff also received comments from Gateway 
Airport indicating no concerns with the subject billboard.  
There is no known opposition or support from members of the 
public. 
 
Commission  
 
Recommendation: 
On 7/21/22, the Commission voted 6-0 to recommend 
approval of Z2022076 subject to conditions ‘a’ – ‘f’: 
 
a. 
Development of the site shall be in substantial conformance with the Site Plan 
entitled, “Loop 202 Freeway and Higley Road” consisting of 3 pages dated May 
24, 2022, and stamped received June 17, 2022, except as modified by the 
following conditions.

August 17, 2022 
Z2022076 
Page 2 of 2 
b. 
Development of the site shall be in substantial conformance with the Narrative 
Report entitled “202 & Higley Digital Billboard CUPD”, consisting of 5 pages, dated 
revised June 13, 2022, and stamped received June 13, 2022, except as modified 
by the following conditions. 
 
c. 
The following C-2 CUPD Zoning District standards shall apply:  
 
1. Min. Lot Area – 5,520 sq. ft. 
2. Min. Off-Site Sign Distance from Another Off-Site Sign within 3 Miles of a 
Municipality – 522’ 
3. Min. Setback for Non-Illuminated Off-Site Signs from Rural or Residential Zoning 
– 1’ 
4. Min. Setback for Illuminated Off-Site Signs from Rural or Residential Zoning – 1’ 
5. Uses Permitted – All uses are prohibited except for off-site signs 
 
d. 
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. 
 
e. 
Noncompliance with any Maricopa County Regulation shall be grounds for 
initiating a revocation of this Zone Change as set forth in the Maricopa County 
Zoning Ordinance. 
 
f. 
The granting of this Zone Change 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 Zone Change enhances the value of the property above its value as of the 
date the Zone Change is granted and changing to the prior land use designation 
results in the same value of the property as if the Zone Change had never been 
granted.  
 
Presented by: 
 
Adam Cannon, AICP, Senior Planner 
Reviewed by: 
 
Darren Gerard, AICP, Planning Manager   
 
Attachments: 
 
7/21/22 P&Z Packet (23 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.

Z2022076 
Page 1 of 8 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Case: 
Z2022076 – 202 & Higley Digital Billboard  
 
 
 
Hearing Date: 
July 21, 2022 
 
Supervisor District: 
1 
 
 
 
  
 
Applicant: 
Jessica Sarkissian, Upfront Planning & Entitlements  
 
Owner: 
Becker Boards Small, LLC 
   
Request: 
Zone Change with Overlay from C-2 to C-2 CUPD 
 
  
 
Site Location: 
Approx. 500’ east of the NEC of Higley Rd. & Loop 202 
 
  
Site Size: 
Approx. 5,520 sq. ft. (0.13 acres) 
 
Density: 
Rural Residential (0-1 d.u./ac) 
 
County Island:  
Yes, Gilbert 
 
 
County Plan: 
Vision 2030 Maricopa County Comprehensive Plan – Rural 
Development Area (0-1 d.u./ac) 
 
Municipal Plan: 
Town of Gilbert General Plan – Regional Commercial 
 
Municipal Comments: 
None received to date  
 
Support/Opposition: 
No known support or opposition 
 
Recommendation: 
Approve with conditions

Z2022076 
Page 2 of 8 
Project Summary: 
 
1. 
The applicant is requesting a Zone Change with Overlay from C-2 to C-2 CUPD on an 
approximately 5,520 sq. ft. parcel to add a digital display to an existing static billboard, 
and to modify development standards of the C-2 zoning district. The subject property is 
located approx. 500’ east of the NEC of Higley Rd. & Loop 202 and is designated as Rural 
Development Area (0-1 d.u./acre) in the Vision 2030 Maricopa County Comprehensive 
Plan. However, the subject property is also designated as Regional Commercial in the 
Town of Gilbert General Plan. 
 
2. 
The sole development on the site is the existing billboard.  The most recent available aerial 
photography shows that the subject property is surrounded by commercial or agricultural 
property.  A second billboard is located just over 500’ to the northwest.   
 
2022 Aerial Map 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3. 
Originally, the subject parcel existed as a portion of the parcel to the north.  The BOS 
approved a zone change from Rural-43 to C-2 in 2016 on two parcels to allow for the 
development of a retail center (Z2016029).  In 2017 the Board of Adjustment approved 
reduced illuminated and non-illuminated off-site sign setbacks from rural or residential 
zoning (BA2016041) because the surrounding area is anticipated to ultimately develop 
as nonresidential uses. As part of that same request, the Board denied an increase in the 
maximum sign area (672 sq. ft.) and an increase in height (65’) for off-site signs.  Staff then 
approved a Plan of Development (POD) amendment (Z2017010) for the two billboards 
to develop in accordance with the Board of Adjustment decision denying in part and 
approving in part.   The owner of the parent property merged the parcels following the 
decision.   The property to the north then annexed into the Town of Gilbert and prior to 
the annexation the owner of the billboards purchased two areas of land from the parent 
parcel and split via unregulated land division into substandard areas.  This resulted in 
subsequent annexation by the Town of Gilbert that took in all surrounding territory except

Z2022076 
Page 3 of 8 
for the two non-adjacent substandard lots containing billboards.  Each of these 
substandard lots are a single-parcel county island completely surrounded by the Town of 
Gilbert. It’s important to note that billboards are prohibited in Gilbert and apparently the 
Town had and has no interest in annexing the two single-parcel county islands with 
existing billboards.  At the time, the applicant submitted an application for a variance 
(BA2021015) for an increase in the maximum billboard sign height and face area but 
withdrew the application due to a lack of Staff support. In 2022, the applicant attempted 
to file a POD (Z2022010) application for digital billboards. The applicant then withdrew 
the POD and applied for this zone change with overlay application. 
 
4. 
The applicant is requesting to change the zone from C-2 to C-2 CUPD, with modified 
standards as follows:   
 
REGULATION 
BASE ZONING 
DISTRICT 
REGULATIONS (C-2) 
PROPOSED ZONING 
REGULATIONS (C-2 CUPD) 
Height  
40’ 
40’ 
Min. Front Yard 
10’ 
10’ 
Min. Side Yard 
10’ 
10’ 
Min. Rear Yard 
25’ (abutting rural 
or residential) 
25’ (abutting rural or 
residential) 
Min. Lot Area 
6,000 sq. ft. 
5,520 sq. ft. 
Min. Lot Width 
60’ 
60’ 
Max. Lot Coverage 
60% 
60% 
Max. Billboard Height, 
within 300’ of an 
Existing Freeway 
70’ 
70’ 
Min. Distance from 
another Billboard, 
within 3 Miles of a 
Municipality 
1000’ 
522’ 
Max. Billboard Face 
Area, within 300’ of an 
Existing Freeway 
672 sq. ft. 
672 sq. ft. 
Min. Distance of 
Illuminated Billboard 
from Rural/Residential 
Zoning 
150’ 
1’ 
Min. Distance of Non-
Illuminated Billboard 
from Rural/Residential 
Zoning 
100’ 
1’ 
Uses Permitted 
All uses permitted 
in the C-2 zoning 
district 
All uses permitted in the 
C-2 zoning district

Z2022076 
Page 4 of 8 
The applicant is requesting two variations in standards.  The first is to reduce the required 
minimum lot size from 6,000 sq. ft. to 5,520 sq. ft. The second request is to reduce the 
minimum required distance from another billboard from 1,000’ to 522’.  The applicant 
states that the request to vary minimum lot size is due to the need to split the lot to not 
be annexed into Gilbert where billboards are prohibited.  The request to vary distance is 
to allow for a previously approved static billboard to continue to be in conformance.  
Staff added the two development standard variations for a 1’ distance of illuminated 
and non-illuminated signs from rural and residential zoning previously approved by the 
BOA in BA2016041 to ensure those variations remain codified. 
 
Exhibit 2 – C-2 Zoning District and Surrounding Zoning Districts 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Exhibit 3 – Site Plan

Z2022076 
Page 5 of 8 
Existing On-Site and Adjacent Zoning / Land Use: 
 
5. 
On-site: 
 
C-2 / Commercial 
North: 
RC (Regional Commercial – Town of Gilbert) / Commercial 
South: 
PF/I (Public Facility/Institutional – Town of Gilbert) / Loop 202 
East: 
BP (Business Park – Town of Gilbert) / Agricultural  
West: 
RC (Regional Commercial – Town of Gilbert) / Commercial 
 
 
Utilities and Services: 
 
6. 
Water: 
 
Well 
Wastewater: 
Septic 
School District: 
Gilbert Unified School District #41 
Fire: 
Gilbert County Island Fire District 
Police:  
MCSO 
 
Right-of-Way: 
 
7. 
The following table includes existing and proposed half-width right-of-way and the future 
classification based upon the Maricopa County Department of Transportation (MCDOT) 
Major Streets and Routes Plan.   
 
Street Name 
Half-width Existing R/W 
Half-width Proposed R/W 
Future Classification 
Higley Rd. 
60’ 
60’ 
Major Arterial 
 
Adopted Plans: 
 
8. 
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. 
 
9. 
Town of Gilbert General Plan (Adopted: 2020): The subject property is designated as a 
Regional Commercial land use in the Town of Gilbert General Plan.  The Regional 
Commercial classification designates areas for a broad range of high intensity uses 
emphasizing retail commercial uses.  There is no maximum size for any use.  The Regional 
Commercial designation serves a broad market area larger than the Town of Gilbert and 
are located at freeway/arterial intersections of arterials with Roads of Regional 
Significance. 
 
Public Participation Summary: 
 
10. 
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. 
 
11. 
The applicant held a virtual public meeting on Monday, June 6, 2021.  The Results Report 
indicated that there were no attendees at the meeting.

Z2022076 
Page 6 of 8 
12. 
Staff received no letters of opposition or support for the request. 
 
13. 
Staff received comments from ADOT ROW Project Management stating ADOT right-of-
way may not be encroached or have work completed until a permit is obtained from 
ADOT.  Staff also received comments from Gateway Airport that indicated no concerns 
with the subject billboard, but concerns related to billboards on County land near SR-24.   
 
14. 
The applicant submitted all documents required to meet public participation 
requirements.  Staff notified the Town of Gilbert about the request and received no 
comments.  Staff received no public opposition and reviewing agencies (Engineering 
and Environmental Services) have no objections to the request. 
 
Outstanding Concerns from Reviewing Agencies: 
 
15. 
N/A 
 
Staff Analysis: 
 
16. 
Staff considers this site to be an appropriate site for a billboard.  Billboards, including 
digital billboards are a permitted use in the current C-2 zoning district. There is an existing 
billboard on site.  While the County land use designation is rural, the Town of Gilbert land 
use designation is regional commercial.  The use conforms to a commercial designation.  
Additionally, this site is surrounded by commercial uses and bordered by a freeway.  
Areas closest to a freeway typically comprise the highest areas of intense multi-family 
residential, commercial and industrial activity due to the accessibility of the 
transportation node and are therefore appropriate for the use proposed. 
 
17. 
While staff believes the use of the site is appropriate, staff would normally express concern 
with a CUPD Overlay applied to a site less than 6,000 sq. ft. for the purpose of 
permitting/accommodating a single parcel of substandard lot area.  Staff is concerned 
the applicant’s unregulated land division preserved two billboards in unincorporated 
county and subsequently created what we believe are now permanent county islands.   
 
18. 
The applicant is requesting to vary four standards including minimum lot area, maximum 
height of off-site signs near a freeway, maximum area of off-site signs near a freeway and 
the minimum distance of one off-site sign to another off-site sign.  Two of the requests 
related to maximum height and sign area are unnecessary because the location of the 
billboard to the main travel ways of the freeway allows for the area by-right in a 
conforming lot.  Staff supports the distancing request as these are previously permitted 
billboards.  Staff does not support the reduction in minimum lot area for the reasons stated 
above as there is no valid justification presented for the standard.  Because the lot must 
be conforming to size requirements for the applicant to receive the benefit of the other 
variations to receive a permit.  Having said this, it is staff’s opinion that a digital face 
billboard is generally more aesthetic than traditional illumination.  The current traditionally 
illuminated billboard is a permitted use with a permanent zoning entitlement. The Town 
of Gilbert is the ultimate annexing municipality and to date has not commented on this 
case. There is no statutory option to de-annex territory back to unincorporated county. 
Thus, the only means to improve the existing billboard aesthetic is via change in zoning 
entitlement such as the CUPD Overlay as now proposed.

Z2022076 
Page 7 of 8 
Recommendation: 
 
19. 
For the reasons outlined in this report, staff recommends the Commission motion for 
Approval of Z2022076 subject to the following conditions ‘a’ – ‘f’: 
 
a. 
Development of the site shall be in substantial conformance with the Site Plan 
entitled, “Loop 202 Freeway and Higley Road” consisting of 3 pages dated May 
24, 2022, and stamped received June 17, 2022, except as modified by the 
following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative 
Report entitled “202 & Higley Digital Billboard CUPD”, consisting of 5 pages, dated 
revised June 13, 2022, and stamped received June 13, 2022, except as modified 
by the following conditions. 
 
c. 
The following C-2 CUPD Zoning District standards shall apply:  
 
1. Min. Lot Area – 5,520 sq. ft. 
2. Min. Off-Site Sign Distance from Another Off-Site Sign within 3 Miles of a 
Municipality – 522’ 
3. Min. Setback for Non-Illuminated Off-Site Signs from Rural or Residential Zoning 
– 1’ 
4. Min. Setback for Illuminated Off-Site Signs from Rural or Residential Zoning – 1’ 
5. Uses Permitted – All uses are prohibited except for off-site signs 
 
d. 
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. 
 
e. 
Noncompliance with any Maricopa County Regulation shall be grounds for 
initiating a revocation of this Zone Change as set forth in the Maricopa County 
Zoning Ordinance. 
 
f. 
The granting of this Zone Change 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.

Z2022076 
Page 8 of 8 
The Zone Change enhances the value of the property above its value as of the 
date the Zone Change is granted and changing to the prior land use designation 
results in the same value of the property as if the Zone Change had never been 
granted.  
 
20. 
However, if the Commission finds denial is warranted due to concern over fostering a 
permanent county island then those findings should be stated in a motion for Denial. 
 
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”, 3 pages) 
 
Narrative Report (5 pages) 
 
Engineering Comments (1 pages) 
 
MCESD comments (1 page) 
 
ADOT ROW Project Management Comments (2 pages) 
 
Gateway Airport Comments (2 pages)

MARICOPA COUNTY 
 
Legal Description: 
Pt. of Sec. 23, T1S, R6E 
Applicant:  Jacob Zonn – Becker Boards Small, LLC 
P&Z Hearing Date: 
July 21, 2022 
MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA 
 
Z2022076 
Aerial Date: 2022 
Case Address: N/A 
Parcel:  304-28-017V 
SUPERVISORAL DISTRICT NO 1 
Zone Change with Overlay from C-2 to C-2 CUPD for 202 & Higley Digital Billboard 
Phone: 602-616-5031

HIGLEY ROAD
SR 202
SUBJECT
PARCEL
LOOP 202 FREEWAY
HIGLEY  ROAD
CENTERLINE DATA
CENTERLINE CURVE DATA
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.
PLAN OF DEVELOPMENT
FOR DIGITAL BILLBOARD
PERMANENT FREESTANDING SIGN TABLE
WIDTH x HEIGHT
SIGN AREA (SQ. FT.)
HEIGHT (FT)
TYPE
LIGHTING
Bowman Consulting Group Ltd
6751 North Sunset Blvd
Suite 325
Glendale, Arizona 85305
Phone: (480) 629-8830
www.bowman.com
© Bowman Consulting Group Ltd
LOOP 202 FREEWAY AND HIGLEY ROAD
PLAN OF DEVELOPMENT FOR 
DIGITAL BILLBOARD
GILBERT, ARIZONA
MARICOPA COUNTY
DD
DD
JC
1" = 40'
   050336-01-001
5/24/22
    POD01
1
2
SITE
COMMERCIAL UNIT PLAN OF DEVELOPMENT
REGULATION
BASE ZONING DISTRICT
REGULATIONS (C-2)
PROPOSED ZONING DISTRICT
REGULATIONS (C-2 CUPD)

40"
45°'
70'-0"
O.A.H.
53'-0"
H.A.G.L.
Bowman Consulting Group Ltd
6751 North Sunset Blvd
Suite 325
Glendale, Arizona 85305
Phone: (480) 629-8830
www.bowman.com
© Bowman Consulting Group Ltd
LOOP 202 AND HIGLEY RD BILLBOARD 2
14' x 48' DIGITAL SINGLE POST CENTER MOUNT
DOUBLE FACE 45° V-BUILD
GILBERT, ARIZONA
MARICOPA COUNTY
AS NOTED
   050336-01-001
5/24/22
   POD02
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.

HIGLEY ROAD
 SR L202 ON RAMP
ALTA/NSPS LAND TITLE SURVEY
1
1
SR L202 AND HIGLEY
GILBERT AZ. 85296
BENCHMARK
LEGEND
TOPOGRAPHIC SURVEY
SR L202 AND HIGLEY
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 1 SOUTH, RANGE 6 EAST, OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.
DETAIL
SS

Narrative Report / CUPD for Digital Billboard  
 
Project Name: 202 & Higley Digital Billboard CUPD 
General Location:  Approximately 500’ East of the Northeast Corner of Higley Road and 202 San 
Tan Freeway  
Case/tracking #: Z2022076 
Submittal Date: April 11, 2022 
2nd Submittal:  June 13, 2022 
 
              
Sign Owner: Becker Boards Small, LLC 
Applicant Name:  Jacob Zonn          
Address: 13169 S Higley Rd.  Gilbert, AZ. 85296

Purpose of Request 
The applicant requests a Commercial Unit Plan of Development (“CUPD”) to allow for a digital 
conversion of both faces of the billboard structure (the “Billboard”) along the Loop 202 (the 
“202”), parcel # 304-28-017V (the “Property”).  This 5,520 sqft parcel is located in 
unincorporated Maricopa County and is currently zoned C-2.  The billboard structure will be 
changed from static to digital faces, raised to 70’ in height and modified to 14x48 (672 sqft) 
faces.  The CUPD is required due to the limited maximum lot size, and spacing requirements of 
1,000 feet in Section 1403.3.1.A.1.b. 
 
Description of Proposal 
 
The existing off-site Sign is located on a single parcel approximately 500 feet east of Higley Rd 
and the 202 San Tan Freeway targeting traffic traveling east and west bound along the 202 
freeway. The current board is currently 30 feet in height and is an 8.33’ x 36’ (300 sqft) center 
mount v-build.  The requests are to increase the overall height from 30 feet to 70 feet and to 
increase the size of the Off-site Sign face from 300 square feet to the industry standard 672 
square feet.  Both faces will be converted to digital panels. 
 
The current parcel is 5,520 sqft in size.  The minimum size limit for development in a C-2 zoning 
district is 6,000 sqft.  This CUPD will modify this size to 5,520 sqft.  The billboard will be the only 
development on this site.  The size of the parcel occurred during annexation of the surrounding 
properties into the Town of Gilbert.  The Town of Gilbert does not allow billboards within their 
jurisdiction.  Annexing this parcel would have created an illegal board in the Town of Gilbert. 
 
The CUPD will also modify the distance from another billboard from 1000’ to 502’.  The 502’ 
distance is to a billboard oriented toward Higley Rd.  The ordinance change from linear to radial 
spacing has created a legal nonconformity regarding the spacing.   
 
The sign faces changing to 14’ x 48’ is allowed by right.  The height change is based upon the 
elevation difference from the Property to the 202 travel lanes, the raised Higley Rd overpass 
and the berm within ADOT right-of-way with mature trees along the 202 blocking views of the 
current billboard.  The billboard is 14 feet lower than the elevations of the freeway lanes 
(Please see Exhibit 4 for engineered topographic map).  There is a large berm on the north side 
of the freeway between the travel lanes and the Property blocking views for west bound traffic.  
The east bound traffic views are blocked because of the Higley Rd overpass.  Exhibit 3 shows 
that viewers can barely see the top of the board today driving east bound.  The billboard at 70’ 
will be clearly and safely seen by oncoming traffic.

Commercial Unit Plan of Development 
Regulation 
Base Zoning District 
Regulations (C-2) 
Proposed Zoning District 
Regulations (C-2 CUPD) 
Max. Off-Site Sign Height 
48' 
70' 
Min. Off-Site Sign 
Distance 
1000’ 
52’ 
Minimum Lot Size 
6,000 sqft 
5,520 sqft 
 
 
All other standards not listed in the CUPD table meet MCZO Chapter 14 Billboard standards.  
The new digital billboard will follow all requirements of the digital general provisions within 
MCZO Art. 1403.3.1.J. 
 
Relation to Surrounding Properties 
 
The properties immediately surrounding the Property are being used for agriculture and an 85-
foot-tall commercial cell tower on a remnant ADOT property adjacent to the west of the 
Property.  There is also a unique strip of private accessway between the Property to the south 
and the right-of-way, approximately 30’ wide to allow the property owner to the east to have 
access to their parcel.  The closest residential development to the east of the Property is 
approximately 1,986 linear feet from the Property and is separated by a large parcel zoned 
Business Park and Light Industrial in the Town of Gilbert.  The closest residential development 
to the west is also separated by the school and is across Higley Rd to the west at approximately 
1,380 feet.  The closest residential to the south, is on the south side of the 202 Freeway and is 
approximately 711 linear feet of the Property and proposed Off-Site sign.   
 
South – 202 Freeway.  No adverse effects are expected. 
North – Vacant land zoned R-3 in Town of Gilbert being developed for self storage.  No adverse 
effects are expected. 
West – ADOT owned vacant land zoned RU-43 with cell tower.  No adverse effects are 
expected. 
East – Vacant Land zoned BP in the Town of Gilbert. No adverse effects are expected. 
New digital faces on the Property will allow local businesses of the east valley to advertise to 
viewers.  A new, quality billboard at this site will add improvement to the property and allow 
for messaging to the east valley.  The billboard is conducive to the development and General 
Plan land use designations in the Town of Gilbert.  This billboard is consistent with freeway 
types of development and the Industrial zoning and uses on the south side of the freeway.

Location and Accessibility 
The Property is accessible from Higley Rd along the 202 frontage.  The billboard will be 
reachable for maintenance from this access point.  As stated, the 202 freeway is directly to the 
south of the Property.  The Property has regional access via the 202 freeway.   
Circulation System 
The billboard is accessed from Higley Rd.  There will be no vehicular movement to any 
surrounding properties.  
Development Schedule 
Once a permit is issued by Maricopa County the digital faces will be ordered and delivered 
within 4 weeks of being ordered.  The construction process can be done in only a few days.   
Community Facilities and Services 
The Property is in the Higley Unified School District.  The American Leadership Academy is 
across Higley Rd to the west.  Cooley Middle School is to the east of the Property.  
 
 
 
 
 
 
 
 
 
 
 
 
 
UTILITY COMMITMENT TABLE 
School District 
  
Gilbert Unified School District 
#41                                  
(480) 632-4750 
 
Electricity 
  
Salt River Project (SRP) 
(602) 236-8833 
 
Natural Gas 
  
Southwest 
(877) 860-6020 
 
Refuse 
  
Waste Management 
(480) 782-3510 
 
Telephone 
  
Century Link 
(800) 244-1111 
Water & Sewer 
  
Well Water & Septic 
 
Fire Protection 
  
Rural Metro 
(480) 627-6200

Jeri Loucks, PECFM 
Planning & Development 
301 W. Jefferson Ave., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 506-6332 
www.maricopa.gov/planning 
email address: 
Jeri.Loucks@maricopa.gov 
  
Maricopa County 
Planning & Development Department 
 
 
 
Date:    
April 27, 2022 
 
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Ray Banker, Planner, Planning & Development Services 
 
cc: 
Michael Norris P.E., Engineering Manager, Planning and Development 
 
From: 
Jeri 
Loucks, 
PECFM, 
Engineering 
Supervisor, 
Planning 
& 
Development 
 
Subject:   
Z2022076 – Zone Change from C-2 to CUPD (Digital Billboards) 
APN(s): 
304-28-017V 
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: 
 
Applicant shall be responsible for coordinating any requirements that may be 
imposed by ADOT (redletter@azdot.gov).  
 
All development and engineering design shall be in conformance with Section 1205 
of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; 
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and 
current engineering policies, standards and best practices at the time of application 
for construction. 
 
Please contact me if you have any questions or require any additional information.

Page 2 of 2 
 
 
 
DRAINAGE PLAN REVIEW REFERENCES:   
 
The Drainage Regulations are listed in Section 1205 of the MCZO: 
https://www.maricopa.gov/documentcenter/view/272  
Maricopa County Drainage Policies and Standards Manual: 
https://www.maricopa.gov/DocumentCenter/Home/View/2369  
For Additional Information See: 
https://www.maricopa.gov/1635/Drainage-Review 
 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES:   
 
Floodplain Regulations for Maricopa County: 
https://www.maricopa.gov/DocumentCenter/View/630  
For Additional Information See: 
https://www.maricopa.gov/3847/Flood-Control-District  
 
PND TRANSPORTATION REFERENCES: 
 
Residential Driveway Guidelines 
https://www.maricopa.gov/documentcenter/view/362  
Roadway Design Manual 
http://www.mcdot.maricopa.gov/DocumentCenter/View/24883 
Maricopa County Resolution for ROW Permits 
https://www.maricopa.gov/documentcenter/view/364  
For Additional Information See: 
https://www.maricopa.gov/156/MCDOT  
 
PND STORMWATER QUALITY (SWPPP) REFERENCES: 
 
Storm Water Quality Management and Discharge Control Regulation 
https://www.maricopa.gov/DocumentCenter/View/6577 
Air Pollution Control Regulations Rule 310 
https://www.maricopa.gov/DocumentCenter/View/5354  
For Additional Information See: 
https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste

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
DATE: April 15, 2022  
 
TO : 
Ray Banker, Planning & Development Dept. 
 
 
Planner 
 
 
 
 
 
 
 
FROM: Souren Naradikian, P.E. 
 
 
Senior Civil Engineer 
 
SUBJECT: Digital Conversion of an Existing Billboard. Z2022076 
 
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 # 304-28-017V. 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.

From:
Bernadette Martinez
To:
Ray Banker (PND)
Cc:
Peggy Fehlman
Subject:
202 & HIGLEY DIGITAL BILLBOARD Z2022076 NEC HIGLEY RD AND 202
Date:
Friday, April 29, 2022 3:27:45 PM
Attachments:
image001.png
image002.png
Z2022076 - APPL-FORM-1.pdf
Z2022076 - NARR-RPTS-1.pdf
Z2022076 - SITE-PLAN-1.pdf
Z2022076 Routing Document.pdf
Thank you for the notification of the above-referenced proposed development. 
ADOT is neutral on zoning matters. As such, ADOT has no comment. ADOT reserves comment 
until review of the preliminary site plans for this project. Please notify ADOT once the project 
is through zoning and moving forward. It is recommended that the developer ascertain if a 
permit(s) will be necessary. 
Permit Encroachment Process Link - https://azdot.gov/business/permits/encroachment-permits. 
Permit Encroachment General Mailbox is: Centralpermits@azdot.gov
Permit Sign Process Link - https://azdot.gov/business/permits/outdoor-advertising-sign-permits.
Permit Sign General Mailbox is: statewidepermits@azdot.gov
ADOT would like to remind the developer that if there is ADOT Right of 
Way in the area they must not encroach upon it without a permit. No 
work shall begin on ADOT right of way until said permit is obtained.
We appreciate receiving the notice, and the opportunity to review and comment. I am happy 
to assist with any other questions or concerns.
Bernadette Martinez
Right of Way Coordinator Assistant
Central District
2140 W. Hilton Ave, MD 700
Phoenix, AZ 85009
602.712.2086
---------- Forwarded message ---------
From: Ray Banker (PND) <Ray.Banker@maricopa.gov>
Date: Sat, Apr 23, 2022 at 1:27 PM
Subject: New Case: Z2022076 (202 & Higley Digital Billboard)
To: 
Good afternoon,
You are receiving this email as the above mentioned case is in an area which you are
considered an “Area of Interest”. Attached are documents relating to the subject case and

upcoming TAC Meeting. Please let me know if you if have any questions.
Thank you,
Ray Banker
Senior Planner
Maricopa County Planning & Development
Department
301 W. Jefferson Street, Suite 170
Phoenix, AZ 85003
602-506-2364
Ray.Banker@maricopa.gov

From:
Tony Bianchi
To:
Ray Banker (PND)
Cc:
Bob Draper
Subject:
RE: New Case: Z2022076 (202 & Higley Digital Billboard)
Date:
Wednesday, May 18, 2022 6:37:39 PM
Attachments:
image003.png
image004.png
image001.png
image002.png
image005.png
image006.png
Hi Ray:
 
Thanks for routing this to us for review. This case is at a distance from Gateway Airport to not have
any immediate concerns, but I also noticed that there have been 6 FAA 7460 airspace cases for
billboards filed on County land along State Route 24 near Williams Field Road & Crismon in east
Mesa up to 53’ in height.
Our comments regarding billboards, mainly digital billboards, are similar to our comments provided
with case TA2018001 regarding billboard signage.
 
Gateway Airport particular interest is with the height of proposed signs, location in proximity to
runways and flight paths, and the digital illumination intensity and timing of display changes. We
address this with municipalities on freeway monument signs. State Routes 202 & 24 (now being
extended) border Gateway Airport. Gateway's requested conditions, or considerations, include:
In conformance with CFR Title 14 Part 77, any new billboard signs proposed in vicinity of
the airport undergo an FAA 7460 airspace review to evaluate the signage height and any
wireless frequencies that billboards may utilize, if requested by the FAA’s 7460 Notice
Criteria Site for filing @ https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?
action=showNoNoticeRequiredToolForm
Any new billboard signs proposed in vicinity of the airport should be:
Evaluated for the light intensity emitted
Review if shielding should be added to the top of the billboard to mitigate
signage lighting being directed upwards toward the paths of aircraft
Timing and animation capabilities should be reviewed so displays and signage
lighting would not be confused with airport navigation lighting or that could
serve as a distraction to aircraft
 
This would apply to all billboards, but digital billboards get the additional consideration. Please let
me know if you have any further questions. Thanks again for the opportunity to review.
 
Tony Bianchi, A.A.E., AICP, GISP
Planning Manager
Phoenix-Mesa Gateway Airport Authority
5835 S Sossaman Rd
Mesa, AZ 85212-6014
Office:  480-988-7649
tbianchi@gatewayairport.com
www.gatewayairport.com

Please be advised that our office hours are Monday - Thursday 7 a.m. to 6 p.m. We are closed Fridays.
 
From: Ray Banker (PND) <Ray.Banker@Maricopa.Gov> 
Sent: Saturday, April 23, 2022 1:27 PM
Subject: New Case: Z2022076 (202 & Higley Digital Billboard)
 
Good afternoon,
 
You are receiving this email as the above mentioned case is in an area which you are considered an
“Area of Interest”. Attached are documents relating to the subject case and upcoming TAC Meeting.
Please let me know if you if have any questions.
 
Thank you,
 
  
Ray Banker
Senior Planner
Maricopa County Planning & Development Department
301 W. Jefferson Street, Suite 170
Phoenix, AZ 85003
602-506-2364
Ray.Banker@maricopa.gov