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BERGIN, FRAKES, SMALLEY & OBERHOLTZER
February 4, 2019
SENT VIA ELECTRONIC MAIL
Jaclyn Sarnowski
Planner
Maricopa County Planning and Development
501 N. 44" Street, Suite 200
Phoenix, AZ 85008
jaclynsarnowski@mail.maricopa.gov
RE: Concerns and Proposed Revisions re Non-Conforming Use Provisions in
Draft Text Amendment for Billboards (the “Amendment”) (TA2018001)
Ms. Sarnowski:
We represent Arrington Outdoor Advertising, LP, a Texas-based advertising company with
several off-site advertising signs along freeways in Maricopa County. Two such signs are located
along the 202 in IND-2 zoning districts with signs constructed under deviated standards through
the industrial unit plan of development (“IUPD”) process. (See Z2017007 and Z2018086.) We
support the concept of amending the Zoning Ordinance to provide for conversion to digital
technology for freeway signs as they provide for better readability and can be accessed by a wider
range of businesses that are not able to afford static sign commitments; however, certain changes
are needed to ensure existing signs are treated fairly.
We have reviewed the draft Amendment and as discussed in more detail below, we have
concerns regarding (a) treatment of approved IUPDs in the non-conforming use provisions and (b)
separation requirements for non-conforming uses seeking conversion to digital. We have also
proposed line edits to the Amendment to address these concerns and hope they will be incorporated
in the Amendment if it moves forward. Without these changes, or similar revisions to address the
current draft’s disparate impact on existing freeway signs, we cannot support the Amendment and
would prefer no digital signs allowed in the County.
Unit Plan of Development Zoning Districts for Non-Conforming Signs
The non-conforming use provisions in the Amendment will unwind approvals for property
owners with existing off-site advertising signs in UPD or commercial unit plan of development
(“CUPD”) overlays. Within the past two years, Arrington’s signs along the 202 were approved
for increased height (60’ and 65’ from grade, respectively) and area (both 672 sf) so that they
would have adequate visibility at their respective locations along the adjacent 202 freeway - which
varies in grade-separated height. As currently drafted, the Amendment would impose a 48’ height
requirement for non-conforming signs to be able to convert to digital. Although the new 48’ height
requirement is measured from the freeway deck, in certain freeway locations, that height does not
4343 East Camelback Road Suite 210 | Phoenix, Arizona 85018 | phone 602.888.7860 | fax 602.888.7856 | bfsolaw.com | coberholtzer@bfsolaw.com
February 4, 2019
Jaclyn Sarnowski
Page 2 of 3
achieve enough height for a safe-read distance given the freeway signage and other obstructions
that can impact the read time. The County’s recent approval of IUPD standards for Arrington’s
signs recognized the unique context of each sign, and this recognition should carry through in the
conversion to digital in that the approved height should be maintained.
We have provided here proposed revisions to the current draft of Article 1403.3.1.H.6 that
would address the Amendment’s failure to recognize existing IUPD and CUPD approvals.
Proposed Revision to Draft Article 1403.3.1.H.6: All lawfully existing static billboards on
[EFFECTIVE DATE] that become non-conforming due to any changes to this Ordinance
made on [EFFECTIVE DATE] may be converted to digital billboards and all support
columns may be relocated a maximum of 20’ from the existing location; provided that the
converted billboard meets setback requirements and development standards of either (a)
this Article or (b) a CUPD or IUPD approved on or before [EFFECTIVE DATE].
Separation Distance for Non-Conforming Signs
The Amendment applies the same 1,000’ separation requirement to non-conforming off-
site advertising signs seeking conversion to digital as it does to new digital signs. If existing
freeway signs that are otherwise conforming and but-for spacing requirements are not able to
convert, the Amendment might encourage the addition of signs at new locations to prevent existing
signs from upgrading to digital. For the existing signs, the Amendment also does not distinguish
between signs facing the same freeway or different freeways for separation distance purposes.
Both of Arrington’s signs along the 202 have other signs within 1,000’ that, when permitted, were
not considered oriented toward the same freeway as Arrington’s signs, but as oriented to the
intervening frontage street. Because the Amendment will create a “race to permit”, it is possible
that signs oriented to streets and not the freeway may prevent the conversion of signs permitted as
freeway-oriented. This does not further the public policy of permitting conversions of freeway
signs and we hope that the County and other companies will agree that an adjustment to the
proposed language is warranted.
We have proposed two potential revisions to the Amendment to address this issue. Under
Option A, the new separation distance requirement could not prohibit conversion of a non-
conforming sign to digital if that sign was approved under an existing [UPD or CUPD. Option A
is the preferred option.
Option A - Proposed Revision to Draft Article 1403.3.1.H.7: In no instance shall a digital
billboard be within 1,000’ of another digital billboard, unless the billboard was constructed
under an approved CUPD or IUPD as of [EFFECTIVE DATE]. Measurement shall not
cross any freeway.
Another possible solution is to provide an option for non-conforming signs in existing
IUPD or CUPD zoning districts to go through the process to amend their [UPD or CUPD to
decrease the separation distance required from another sign.
4343 East Camelback Road Suite 210 | Phoenix, Arizona 85018 | phone 602.888.7860 | fax 602.888.7856 | bfsolaw.com | coberholtzer@bfsolaw.com
February 4, 2019
Jaclyn Sarnowski
Page 3 of 3
Option B - Proposed Revision to Draft Article 1403.3.1.H.7: In no instance shall a digital
billboard be within 1,000’ of another digital billboard. Measurement shall not cross any
freeway. A non-conforming static billboard located in a CUPD or IUPD overlay district
as of [EFFECTIVE DATE] may amend the required separation distance through the CUPD
or IUPD amendment process in order to become eligible for conversion to digital.
We thank you for your time and attention to our concerns and proposed revisions. We
believe such changes are necessary to ensure fairness in the conversion process for non-
conforming signs. Please do not hesitate to contact me at coberholtzer@bfsolaw.com or
602.888.7860 if you would like to further discuss these proposals.
Sincerely,
Carolyn Oberholtzer
4343 East Camelback Road Suite 210 | Phoenix, Arizona 85018 | phone 602.888.7860 | fax 602.888.7856 | bfsolaw.com | coberholtzer@bfsolaw.com
From:
To:
Subject:
Date:
Caitlin Brady - MCDOTX
FW: Online Form Submittal: Citizen Comments
Wednesday, January 30, 2019 7:15:36 AM
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Tuesday, January 29, 2019 8:56 PM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
Department
I would like to
First Name
Last Name
Organization
City
Zip
Email
Phone Number
Phone Type
Would you like someone
to contact you?
Comments
If applicable, attach
TA2018001 - Off-Site Advertising Signs (Billboards)
Field not completed.
Express opposition
Elysa
Daniels
Carefree resident and voter
Carefree
85377
elysadaniels@yahoo.com
4802208819
Mobile
No
This is a scenic corridor. The road even has a song about it.
Billboards would be a terrible idea.
Field not completed.
supporting documentation
associated with your
comment,
Email not displaying correctly? View it in your browser.
Jaclyn Sarnowski; DARREN GERARD; Derek Scheerer
FW: Online Form Submittal: Citizen Comments
From: Caitlin Brady - MCDOTX
To:
Subject:
Date:
Tuesday, January 22, 2019 7:15:16 AM
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Saturday, January 19, 2019 8:20 AM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
Department
I would like to
First Name
Last Name
Organization
City
Zip
Email
Phone Number
Phone Type
Would you like someone
to contact you?
Comments
TA2018001 - Off-Site Advertising Signs (Billboards)
Planning and Development
Express opposition
Alberta
Shepard
Field not completed.
Glendale
85310
agshepard11@gmaill.com
623-572-9579
Home
No
| am against putting digital billboards north on 117. Billboards are
a distraction to drivers. That is already a very dangerous road
and drivers do not need to see more ads as they are driving. It is
If applicable, attach
supporting documentation
associated with your
comment.
also harmful to the natural beauty of the environment. We need
to honor and protect our environment and stop being so greedy.
People want to make money on everything and that is not right. |
am totally against billboards anywhere because they are very
distracting unless they are just public service announcements.
And these should be less than what we have now on the regular
freeways. Let's take care of taxpayer money and stop helping
every large corporation or business make more money. We are
not here just to serve businesses and their profits from all of us
taxpaying people. Thank you.
Field not completed.
Email not displaying correctly? View it in your browser.
Jaclyn Sarnowski; DARREN GERARD; Derek Scheerer
FW: Online Form Submittal: Citizen Comments
From: Caitlin Brady - MCDOTX
To:
Subject:
Date:
Wednesday, January 16, 2019 2:51:46 PM
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Wednesday, January 16, 2019 2:30 PM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
Department
I would like to
First Name
Last Name
Organization
City
Zip
Email
Phone Number
Phone Type
Would you like someone
to contact you?
Comments
If applicable, attach
TA2018001 - Off-Site Advertising Signs (Billboards)
Planning and Development
Express opposition
Courtney
Davidson
None
Phoenix
85016
pnchotave@gmail.com
6023734503
Mobile
No
Our desert is so beautiful. Can’t condone anything as unsightly
as billboards. Strongly oppose.
Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
From: Caitlin Brady - MCDOTX
To: Jaclyn Sarnowski; DARREN GERARD; Derek Scheerer
Subject: FW: Online Form Submittal: Citizen Comments
Date: Wednesday, January 16, 2019 12:51:53 PM
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Wednesday, January 16, 2019 12:15 PM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule TA2018001 - Off-Site Advertising Signs (Billboards)
Department Planning and Development
I would like to Express opposition
First Name John
Last Name Williams
Organization Field not completed.
City Desert Hills
Zip 85086
Email jwatswdp@aol.com
Phone Number 6024189835
Phone Type Mobile
Would you like someone No
to contact you?
Comments This is adding light pollution to our dark skies lifestyle. It is also a
unneeded driving distraction while driving and a hinderince on
our quality of life.
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
i (PND); DARREN GERARD (PND); Derek Scheerer (PND)
FW: Online Form Submittal: Citizen Comments
From: Caitlin Brady - MCDOTX
To: Jaclyn Sarnowski (PND),
Subject:
Date:
Tuesday, January 15, 2019 7:25:24 AM
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Tuesday, January 15, 2019 5:32 AM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
Department
I would like to
First Name
Last Name
Organization
City
Zip
Email
Phone Number
Phone Type
Would you like someone
to contact you?
Comments
TA2018001 - Off-Site Advertising Signs (Billboards)
Planning and Development
Express opposition
David
Bigalow
Field not completed.
New River
85087
schlossbigalow@msn.com
6234652595
Home
No
No off-site signs! They ruin the natural scenery and create
unnecessary distractions. Even if lighting is turned off after 11:00
pm, consider that most recreational star gazers are out shortly
after dark and done before 11:00 pm.
If applicable, attach Field not completed.
supporting documentation
associated with your
comment,
Email not displaying correctly? View it in your browser.
From: Caitlin Brady - MCDOTX
To: Jaclyn Sarnowski - PLANDEVX; Darren Gerard - PLANDEVX; Derek Scheerer - PLANDEVX
Subject: FW: Online Form Submittal: Citizen Comments
Date: Friday, January 11, 2019 12:11:34 PM
FYI
Caitlin Brady
602.372.1176
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Friday, January 11, 2019 12:10 PM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule TA2018001 - Off-Site Advertising Signs (Billboards)
Department Planning and Development
I would like to Express opposition
First Name Alan
Last Name Muller
Organization New River/Desert Hills Community Association
City New River
Zip 85087
Email Alan@NRDHCA.com
Phone Number 602 432 2800
Phone Type Field not completed.
Would you like someone Yes
to contact you?
Comments We have a lot to discuss!
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
From: Caitlin Brady - MCDOTX
To: Jaclyn Sarnowski - PLANDEVX; Darren Gerard - PLANDEVX; Derek Scheerer - PLANDEVX
Subject: FW: Online Form Submittal: Citizen Comments
Date: Friday, January 11, 2019 5:13:02 PM
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Friday, January 11, 2019 4:29 PM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
Department
I would like to
TA2018001 - Off-Site Advertising Signs (Billboards)
Field not completed.
Express opposition
First Name Vivian
Last Name Decker
Organization Field not completed.
City PHOENIX
Zip 85086
Email vrdecker3@gmail.com
Phone Number 6234658969
Phone Type Home
Would you like someone __ Field not completed.
to contact you?
Comments
Please do not allow our beautiful, scenic areas be ruined by
distracting billboards. They will only encourage you to look at
them and be distracted from the road. corporate greed over life
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
PHONE: 602-230-0600
FAX: 602-212-1787
WITHEY MORRIS Fc 2525 E. Arizona Biltmore Circle, Suite A-212, Phoenix, AZ 85016
ATTORNEYS AT LAW.
November 14, 2018
VIA ELECTRONIC MAIL
Jaclyn Sarnowski
Planner
Maricopa County Planning & Development
501 North 44th Street, Suite 200
Phoenix, Arizona 85008
jaclynsarnowski@mail.maricopa.gov
Re: — TA2018001 - Off-Site Advertising Signs (Billboards)
Dear Ms. Sarnowski:
This firm represents Lamar/Phoenix (“Lamar’) regarding its off-site advertising/billboard interests in Maricopa County,
Arizona. Thank you for the opportunity to review the latest draft of TA2018001, the privately filed amendment to the
Maricopa County Zoning Ordinance’s regulation of billboards. Lamar attended the November 1, 2018 Stakeholder
Workshop regarding the proposed amendment and understands several technical corrections are forthcoming, e.g.
removing references to a zoning administrator and some grammatical and punctuation errors in the most recent
version of the proposed text.
Lamar continues to have concerns regarding the clarity and practical application of the proposed digital billboard
regulations, particularly proposed §§1403.3.1.H.2, 6 and 7, as follows:
te Given the ability to control the light level emitted from a digital billboard and the County's restrictions on
lighting from digital faces in Maricopa County Zoning Ordinance Article 1401.3, the spacing of digital
billboards from rural and/or residential zoning districts should match the 150 foot standard applied to
illumination of static billboards in in current, and proposed, §1403.3.1.3. With the controlled lighting of digital
sign faces, they are less impactful on neighboring properties than conventional lighting on static sign faces.
An alternative to the proposed language in TA2018001 for §1403.3.1.H.2 is enclosed for your consideration.
2. Given the breadth of the allowances for digital billboards in proposed §§1403.3.1.H.1 and 2, itis unclear how
or why the proposed nonconforming sign conversion provision in §1403.3.1.H.6 is necessary. Unless this
proposal is better explained and justified, Lamar suggests its removal from TA2018001.
3, The language in proposed §1403.3.1.H.7 is too narrow and does not contemplate or allow digital faces for
billboards that have been approved with deviations from County spacing standards, e.g. the 1,000 foot
separation between billboards required by current County Zoning Ordinance §1404.3.1.2 on the same side
of a street/freeway, but not, to date, built. Given. the County's approval for a deviation in the separation
November 14, 2018
Page 2
standard for such billboards from the required 1,000 foot spacing, it is unclear what public policy purpose is
served by precluding the signs from using digital technology. An alternative to the proposed language in
TA2018001 for §1403.3.1.H.7 is enclosed for your consideration.
Thank you again for the opportunity to review the latest draft of TA2018001. If you have any questions regarding the
enclosure, please do not hesitate to contact me.
Very truly yours,
" WITHEY MORRIS P.L.C.
William F. Allison
Enclosure
TA2018001 - §1403.3.1.H.2 and 7 Alternatives
2, Billboards not within 300’ of a freeway but located fewer than three (3) miles from the boundary
of any incorporated city or town; may be digital if (ia) not within 450-150’ of a rural or residential
zoning district boundary, (fib) not more than 30’ in height, and (iic) not more than 300 sq.ft. in face
area.
is {a-neastance-shalt-aA digital billboard shall not be located within 1,000 feet of another digital
billboard, except as follows:
a. The separation standard shall not apply to digital billboards located on different sides of ;
Measurement shaltneteress any freeway; and
b. The separation standard shall not apply to billboards approved by Maricopa County, through
either variance or deviation of development standards, not to meet a 1,000 foot separation
requirement as of {the effective date of this Ordinance]. This exception shall apply both to
(i)-existing billboards and (ii) billboards that have received zoning approval but have-not
received sign/construction permit approval or been erected on the aforementioned date.