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January 25, 2023 Z2022179 Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: January 25, 2023 Case #/Title: Z2022179 – 202 & Country Club Billboard Supervisor District: 1 Applicant/Owner: Bill Lally, Tiffany & Bosco P.A. / PJT ENTERPRISES LLC Request: Special Use Permit (SUP) for digital billboard conversion & height increase. Site Location: Generally located approx. 470’ northeast from the intersection of N. Country Club Rd. and State Route 87 in the north Mesa Area Site Size: Approximately 2,912 sq. ft. County Island Status: Yes (Mesa) Additional Comments: This request is to convert an established static billboard to digital as well as increase the height of the pole from 67’ to 70’ within the IND-2 zoning designation. The parcel is listed as general Rural Development Area (0-1 du. / ac.) within the Maricopa County 2030 Comprehensive Plan as well as designated as Light Industrial Use within the City of Mesa General Plan. There are no outstanding concerns from reviewing agencies, the City of Mesa was notified of the application and has provided no comment. Commission Recommendation: On 12/8/22, the Commission voted 9-0 to recommend approval of Z2022179 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Billboard Site Plan“, consisting of 1 full-size sheet, dated November 2, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “202 & Country Club – OutFront Digital Billboard Conversion”, consisting of 11 pages, dated November 7, 2022, except as modified by the following conditions. January 25, 2023 Z2022179 Page 2 of 2 c. 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. d. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. e. The following standard shall apply: 1) Min. distance from other billboards: 496’ 2) Max billboard height: 70’ f. 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. g. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions Presented by: Andrew Lorentzen, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 12/8/22 P&Z Packet (20 pages) Note: 12/8/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2022179 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022179 - 202 & Country Club/SR87 Billboard Hearing Date: December 8, 2022 Supervisor District: 1 Applicant: Bill Lally, Tiffany & Bosco P.A. Owner: PJT ENTERPRISES LLC Request: Special Use Permit (SUP) for digital billboard conversion & height increase Site Location: Generally located approx. 470’ northeast from the intersection of N. Country Club Rd. and State Route 87 in the north Mesa Area Site Size: 2,912 sq. ft. Density: N/A County Island: Yes (Mesa) County Plan: Rural Development Area Municipal Plan: City of Mesa – Light Industrial Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2022179 Page 2 of 6 Project Summary: 1. The applicant, on behalf of PJT ENTERPRISES LLC, requests a Special Use Permit (SUP) to facilitate the conversion of an existing static billboard to digital display, as well as allow a height increase from 67’ to 70’. The static billboard exists today in a non-conforming (LNC) status due to recent ordinance changes which adjusted the parameters for billboard approvals. In 2017 the billboard received a variance (BA2017034) for a distance separation from a nearby billboard to the northeast. This was required as both billboards faced the same roadway, which was the ordinance at the time. The current case requests separation relief from an additional billboard in the vicinity that is located to the northwest, which was not included in the previous variance approval because it is oriented to another roadway. The ordinance previously spoke to a minimum separation linearly along the same roadway, but it now requires a minimum radial separation regardless of orientation. This separation is the reason for LNC status. The ordinance requires any change to an LNC billboard to bring it into conformance with current ordinance standards or to obtain an SUP. The current SUP proposal requests a minimum separation distance based on an overall buffer from all nearby billboards of 496’ where 1,000’ is required by ordinance. 2. The current billboard height of 67’ was stipulated by the previous variance approval (BA2017034). The applicant is requesting a height increase to 70’ which is the max height allowed under the current ordinance. The height adjustment is requested due to the inability to view parts of the billboard from the eastern travel lanes of the AZ Loop 202 freeway. Even with a height adjustment, the billboard will still be at a lower grade than travel lanes of nearby freeway. Requested SUP Standards Z2022179 Page 3 of 6 Z2022179 Page 4 of 6 Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: IND-2 IUPD / truck service and storage facility North: IND-2 IUPD / truck service and storage facility South: None / Loop 202 Freeway East: None / Loop 202 Freeway West: IND-2 IUPD / truck service and storage facility Utilities and Services: 4. Water: City of Mesa Wastewater: City of Mesa School District: Mesa Unified School District Fire: City of Mesa Police: City of Mesa Adopted Plans: 5. Vision 2030 Comprehensive Plan (adopted January 13, 2018): Property is designated for Rural Development Area (0-1 du. / ac.). 6. City of Mesa General Plan (June 16, 2014): Property is designated for Light Industrial Use. Public Participation Summary: 7. The applicant has complied with the Maricopa County Citizen Review Process with the required posting of the property and notification by first class mail to adjacent property owners within 300’ of the subject parcel and interested parties. Notification was also given to the City of Mesa. Neither the applicant nor staff has received any calls or letters of opposition as of the writing of this staff report. Outstanding Concerns from Reviewing Agencies: 8. N/A Staff Analysis: 9. Staff considers a digital display superior to traditional billboard illumination with regard to mitigating light trespass onto adjacent properties and preserving nighttime skies for astronomical observations. The existing billboard is illuminated via bottom-mounted upward lighting. New digital billboards are backlit with light mitigating louvers which directs light downward to reduce nighttime light trespass. The site is historically and continues to be a good location for outdoor advertising due to its location in industrial zoning designation and its proximity to travel lanes of a major valley freeway. Staff is supportive of replacing traditional static billboards with digital due to their ability to dim Z2022179 Page 5 of 6 and completely turn off during late night hours. The added benefit of using the billboard for public announcements allows greater flexibility of its use in the public realm. Staff is supportive of the height increase due to the height differences between the grade of the highway and the sign. The increase is the maximum height allowed under current code (MCZO 1403.3.1.A.1.b) due to the grade differential. 10. The applicant submitted all documents required to meet public participation requirements. Staff notified the City of Mesa about the request and received no comments. Staff received no public opposition and reviewing agencies have no objections to the request. Recommendation: 11. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022179 subject to the following conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Billboard Site Plan“, consisting of 1 full-size sheet, dated November 2, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “202 & Country Club – Outfront Digital Billboard Conversion”, consisting of 11 pages, dated November 7, 2022, except as modified by the following conditions. c. 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. d. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. e. The following standard shall apply: 1) Min. distance from other billboards: 496’ 2) Max billboard height: 70’ f. 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 Z2022179 Page 6 of 6 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. g. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. Presented by: Andrew Lorentzen, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (11 page) Engineering comments (1 page) MARICOPA COUNTY / Maricopa County Planning & Development - Phoenix, AZ 1 Gross Acres: 1 approx. Generated November 9, 2022 15:36 PM Z2022179 Application Name: Legal Description 202 & Country Club Billboard Applicant Case Address T01N R05E 3, BILL LALLY for TIFFANY & BOSCO, P.A. 2333 N COUNTRY CLUB Dr Applicant Phone/Email Parcel Primary:136-17-001P .. WEL@TBLAW.COM MESA AZ 85201 Map scale 1:1,058 Supervisor District No. CONVERT EXISTING BILLBOARD (BOTH SIGN FACES) TO DIGITAL PANELS 5.3585 in 01 50' 25' 50' SCALE: 1" = 50' 0 VICINITY MAP N.T.S. THIS SITE SIGN OWNER: LEGEND NEW BILLBOARD ADDRESS: PROJECT INTENT: · LOT COVERAGE: BILLBOARD SITE PLAN 4550 North 12th Street Phoenix, Arizona 85014 602-264-6831 www.cvlci.com CVL Contact: CVL File #: CVL Project #: Coe & Van Loo Consultants, Inc. SHEET OF Printed By: BradH Print Date: November 7, 2022 Filename: N:\01\0307801\Cadd\Country Club & 202 Billboard Siteplan.dwg DATE NO. REVISION COUNTRY CLUB DRIVE & LOOP 202 MARICOPA COUNTY, ARIZONA 1 REVISED PER COMMENTS 11/02/2022 B. HAIR 0307401 Arizona Blue Stake, Inc. 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 R PROJECT NO. 0307401 01 11-02-22 136-17-041 (IND-2) NOT PART OF SUP AREA 136-17-004X (IND-2) NOT PART OF SUP AREA 136-17-001M (IND-2) NOT PART OF SUP AREA 136-17-001P (IND-2) NOT PART OF SUP AREA 136-17-044A (IND-2) NOT PART OF SUP AREA 136-17-043A (IND-2) NOT PART OF SUP AREA 136-17-043B (C3) NOT PART OF SUP AREA 136-17-001Q (IND-2) NOT PART OF SUP AREA 136-17-001R (IND-2) COUNTRY CLUB DRIVE (AZ-87) LOOP 202 (SOUTH MOUNTAIN FREEWAY) LOOP 202 WESTBOUND OFF RAMP 3 136-17-004S (IND-2) NOT PART OF SUP AREA A.D.O.T. 136-17-002E (C-3) VACANT LOT FRONTAGE ROAD ENGINEER: PROPERTY OWNER: · · · MARICOPA COUNTY ZONING CASE# Z2022179 LEGAL DESCRIPTION (APN 136-17-001P) LEGAL DESCRIPTION OF SUP AREA 202 & Country Club – Outfront Digital Billboard Conversion Special Use Permit (SUP) Request APN: 136-17-001P Address: 2333 N. Country Club Dr. Mesa, Arizona 85201 General Location: East of northeast corner of Loop 202 & Highway 87 Case # Z2022179 1st Submittal Date: 9/26/2022 2nd Submittal Date: 11/7/2022 Page | 2 Purpose of Request This request is to establish a Special Use Permit (SUP) for a proposed digital conversion (both faces) to the existing Outfront billboard on the subject parcel, APN 136-17-001P (the “Property”), which is a 2.88-acre parcel. The site is zoned IND-2 IUPD with an existing trucking operation (Heritage Trucking) on the subject site as established with the original Rezone/POD (case # Z2013081). No other changes to the existing site other than the billboard are being proposed with this SUP proposal. See Figure 1 for site aerial. Description of Proposal The Property is located directly adjacent to the Loop 202 Red Mountain Freeway with the billboard at the southern perimeter closest to the freeway as possible and to be viewed as such. The Property is accessed via adjacent parcels, with cross access and ingress/egress to Country Club Dr. and eventually Highway 87 to the west and Lehi Rd. to the north. The SUP area would be 56’ x 52’ (2,912 sq. ft.) with an 18’ x 9’ parking area for maintenance purposes at the northeast corner of the SUP area. See attached Exhibit 1 for Legal Descriptions of the parcel and SUP area. The applicant is proposing to convert the current east and west directed static billboard faces to digital. The current billboard is v-shaped, 60’ in height. 672 sq. ft. in sign area (both faces), 0’ setback from the southern property line, and with top mounted illumination. The billboard obtained final permit approval in 2018 under permit # B201711269. A Variance was approved in 2017 (case # BA2017034) that entitled the current sign height, sign face area, and current distance (501’) from the nearby billboard located on the contiguous parcel to the east – APN 136-17-001Q. BA2017034 also included approved condition ‘a’ which completed the update to the POD case (Z2013081) to include the approved Variance site plan within the POD case file. This approved Variance also relocated the subject billboard to its current location, where its previous placement was on the adjacent parcel to the west (APN 136-17-001M). The billboard that was located on this adjacent parcel to the west has since been removed prior to approval of the original billboard permit to meet requirements of condition ‘c’ of BA2017034. There is another existing billboard located to the northwest of the Property on APN 136- 17-043B, which has a 496’ separation distance from the subject billboard. This other billboard has been in existence since at least the mid-1980’s and would not qualify for digital conversion given its distance from the freeway. The recently approved text amendment (TA2018001) of the Maricopa County Zoning Ordinance (MCZO) regarding billboard standards now requires a radial separation of 1,000’ from other billboards (Article 1403.3.1.A.1.b), where previously this separation requirement was interpreted to apply only if the billboard was to be viewed and oriented towards the same street. Since this other billboard is viewed by Country Club Drive/Highway 87 and not the Loop 202 like the subject billboard is the reason why the previously approved Variance did not Page | 3 include this request/requirement for reduction in the separation distance from the other mentioned billboard. SUP Standard Table Regulation MCZO Art. 1403.3.1.A.1.b Proposed SUP Standard from Billboard on APN 136- 17-043B Billboard Separation Distance Minimum 1,000’ separation 496’ Billboard Height 67’ 70’ Figure 1: 2022 Aerial of Subject Site and Surrounding Billboards Page | 4 Since the subject billboard is considered legal non-conforming based on the provided analysis, this SUP process is required to request digital conversion per MCZO Article 1043.3.1.K. Digital billboard displays offer multiple advertisers given that the sign changes every 8 seconds (minimum). The digital technology is much cleaner and higher quality than an illuminated static image, which will also be shut off at night to meet dark sky requirements. It will also allow and provide for important public safety and emergency messaging when needed. The existing billboard is located within an industrial corridor north of the Loop 202 where three billboards (including the subject billboard) are facing the freeway. One of the billboards on APN 136-17-048B was already approved administratively for digital conversion and the adjacent billboard on APN 136-17-001Q is currently in the process of obtaining an SUP for digital conversion. There is no residential development north of the Loop 202 in this area to be affected by digital conversion, which is a perfect location for this technology upgrade, where the subject billboard is already illuminated as a static sign. There is a related pending permit for the subject digital conversion request under B202117458. Specifically, the digital faces will adhere to all general provisions of Maricopa County Zoning Ordinance (MCZO) Article 1403.3.1.J. including louver technology. In addition, the applicant requests to establish approval for a height increase to a maximum 70’. The subject billboard can already be increased to 67’ by right since the grade elevation adjacent to the billboard is at 1,216’ while the main travel lanes (deck of freeway) grade is at 1,235’ – an overall difference of 19’. See Exhibit 2 for Natural Ground Shots. This calculation is based on MCZO Article 1403.3.1.F.2.a, which states: “Static and digital billboards located within 300 feet of an existing freeway: a. Shall be limited to 48 feet above adjacent grade or elevation of the main travel lanes of a freeway immediately adjacent to the billboard or subject property (whichever is greater but not to exceed 70 feet), inclusive of all billboard embellishments and attachments, excluding additional 3 feet for top-mounted lighting fixtures.” The Property and existing billboard is located below grade from the adjacent Loop 202 freeway. An additional 3’ in height request from by right allowance to 70’ would permit the billboard to be viewed as intended by industry standards. Refer to Exhibits 3 - 5. These exhibits illustrate how the Loop 202 freeway median wall blocks the entire view of the billboard driving east in the HOV lane at normal viewing distances of 300’ – 700’ from the sign. The freeway’s median wall is approximately 8’ in height because of the grade of the road, which obstructs any views of the sign’s west face within this stretch of the freeway. Page | 5 Relationship to Surrounding Properties Contiguous properties to the subject site have industrial & commercial zoning and land uses. Parcels to the east and west were both part of the Z2013081 rezone request to approve IND-2 IUPD for a trucking facility. Directly southeast of the property is a large area of ADOT right-of-way and the Loop 202 freeway. See Figure 2: Zoning Map. North: Zoned C-3, IND-2, and IND-2 IUPD – Homeless shelter, cell tower, and part of trucking facility with storage & parking. South: Zoned IND-2 IUPD – Auto repair business & Loop 202 freeway. East: Zoned IND-2 IUPD – Billboard & part of trucking facility with storage and parking. West: Zoned IND-2 IUPD – Part of trucking facility with service, storage, and parking. Figure 2: Zoning Map Page | 6 Location, Accessibility, and Circulation As previously described, the site will be access from the adjacent parcels to the west or north (same property ownership and trucking operation). These contiguous parcels can access Country Club Dr. to the west or Lehi Rd. to the north to allow for easy access for maintenance of the sign. Development Schedule Permits for renovations to convert the billboard to digital faces will be continued subsequently once the SUP approved. Public Utilities and Services Water & Wastewater: City of Mesa Electrical: APS Police: Maricopa County Fire: Salt River Fire Department Conclusion The proposed digital conversion would be an upgrade from an existing illuminated static sign. Digital signage also provides opportunities for changeable advertisement displays and important government messages when needed. The conversion to digital is in an ideal location on the Loop 202, within a County island with industrial zoning and uses and there are no adjacent residential properties for light to trespass. There are other billboards along this stretch that will be converted to digital and the request is to reduce the separation distance requirement from another billboard to the northwest that has been in existence for over 35 years. With this SUP, we are also proposing to increase the billboard height 3’ above allowed by the sign code to 70’ due to the billboard property being below grade of the adjacent Loop 202 and the 8’ (h) median wall blocks views at typical viewing distances. Page | 7 Exhibit 1: Legal Descriptions Page | 8 Exhibit 2: Natural Ground Elevations of Subject Billboard and Adjacent Loop 202 Freeway Page | 9 Exhibit 3: Aerial of Obstructed Viewing Area – East of N. Country Club Dr. Page | 10 Exhibit 4: Blocked View of Subject Billboard Driving Eastbound on Loop 202 Page | 11 Exhibit 5: View of 8’ (h) Loop 202 Median Wall and Obstruction of Views Even for SUV’s Kevin Amoroso, P.E. Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: 602-329-6303 www.maricopa.gov/planning email address: Kevin.Amoroso@maricopa.gov Maricopa County Planning & Development Department Engineering Plan Review Date: October 21, 2022 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Andrew Lorentzen, Planner, Planning & Development Services cc: Michael Norris P.E., Engineering Manager, Planning and Development From: Kevin Amoroso P.E., Engineer Associate, Planning & Development Subject: CONVERT EXISTING BILLBOARD (BOTH SIGN FACES) TO DIGITAL PANELS APN(s): 136-17-001P PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the POD/SUP application routed for review on 10/07/2022. 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.