111721 TA2018001 BOS REPORT_PART13.PDF

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,

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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.

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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.

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supporting documentation

associated with your

comment.

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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,

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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.

From: Kathy Semder - DM930X
To: Jaclyn Sarnowski - PLANDEVX

Subject: FW: Online Form Submittal: Citizen Comments
Date: Monday, November 5, 2018 12:41:17 PM
EVE:

From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Monday, November 05, 2018 12:36 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

TA2018001 - Off-Site Advertising Signs (Billboards)
Planning and Development
Other
Andy
Jochums
Beus Gilbert PLLC
Phoenix
85008

P @ ‘
480-429-3063
Work
No

There is a new proposed definition for "Freeway." State Route 24
should be added to the list of freeways.