PRESENTER: Presenter
Applicant: U.S. Signs, Lydell Toye
Owner: OTG Investments, LLC
Body
SUBJECT: Title
ZB23-0016 Hold a public hearing and consider a request for a variance from Section 106-14(b)(5)(d) to allow the placement of a high-profile monument sign in the “C-1” Local Business District, currently addressed at 971 FM 306.
BACKGROUND RATIONAL:
Case #: ZB23-0016
Applicant: U.S. Signs
Lydell Toye
258 Trade Center Drive
New Braunfels, TX 78130
(830) 629 - 4411 Ð ussigns@gmail.com
Staff Contact: Colton Barker
(830) 221 - 4274 Ð CBarker@newbraunfels.gov
The subject property is located approximately 345 feet from the corner of FM 306 and E Common Street. The property is approximately 1.2 acres in area with a lot depth of 315 feet, and a lot width of approximately 166 feet. The property is zoned “C-1” Local Business District and has been developed with an On the Grind coffee kiosk. There is currently no other freestanding commercial signage located on the property.
The applicant, U.S. Signs, is requesting a variance to Sec. 106-14(b)(5)(d) to allow the placement of one freestanding high-profile monument sign on a property that does not meet the minimum street frontage requirement of 300 feet (frontage along FM 306). The proposed sign meets all other requirements of Chapter 106 - height, sign area and setback distance, with the exception of Chapter 106-12 Sign Lighting Standards.
Staff has noted that the proposed sign is shown with a white background that is not compliant with code requirements. Chapter 106-12(d) states that internally illuminated signs shall either be constructed with an opaque background and translucent text, symbols, and logos, or with a colored (not white, off-white, light gray, or cream) background and generally lighter text, symbols, and logos. The proposed sign face will need to be modified to meet the sign lighting standards.
New Braunfels’ Sign Ordinance allows sign types and sizes based upon the zoning district and specific street frontage. The property’s existing C-1 zoning and street frontage along FM 306 allows for alternatives to the high-profile monument sign type - listed below and in the attached comparison chart.
The existing C-1 zoning of the subject property allows the following freestanding signage options:
• 1 Freestanding Monument Sign
o Max area 32-square-feet, max height 8-feet, min setback 10-feet OR;
• 1 Low Profile Pole Sign
o Max area 20-square-feet, max height 6-feet, min setback 10-feet
Since the subject property has street frontage along FM 306, the following additional freestanding signage options are available:
• 1 Freestanding Monument Sign per 300ft of frontage
o Max area 60-square-feet, max height 10-feet, min setback 5-feet OR;
• 1 High-profile Monument Sign per 400ft of frontage, with a minimum of 300 feet of frontage
o Max area 225-square-feet, max height 28-feet, min setback 5-feet OR;
• 1 Electronic Message Monument Sign in lieu of any other signage
o Max area 60-square-feet, max height 10-feet, min setback 15-feet OR;
• 1 Electronic Message Pole Sign in lieu of any other signage
o Max area 200-square-feet, max height 28-feet, min setback 15-feet
The proposed freestanding high-profile monument sign:
• Overall sign area is approximately 192 square-feet in area,
• Overall sign height is approximately 24 feet, and
• Setback of approximately 54 feet from the property line.
Section 2.2-2(a) of the Zoning Ordinance states the BOA may authorize a variance from the sign regulations only upon finding all of the following facts:
1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of land; (The applicant states “The setback distance for permitted development has placed the business in excess of 102' from major highway exposure. TXDOT road dedication for future expansion (50') and platted building setbacks and Fire Lane designations (52') were all required. Updated Sign Ordinances since platting have affected the property in an adverse way.” Staff notes the property was platted into its current configuration with approximately 166 feet of frontage along FM 306 in 2004, and the New Braunfels Sign Ordinance was adopted by the City in 2008. The Broad-Vue Terrace Unit 1 Plat shows a 25-foot build line setback, a 20-foot utility and drainage easement located at the front of the property, and the approved construction documents for the development show a 24-foot fire lane toward the front of the property.) and
2) That the sign variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states “Our commercial development as well as all other developments surrounding the property are either retail or office spaces. As a commercial development adequate signage to offer our services to the public is extremely important for the sales of our goods as it also is with all other surrounding businesses.” Staff notes that other sign types are allowed on the subject property based on the C-1 zoning and frontage along FM 306. The substantial property right to operate the coffee kiosk in C-1 zoning and advertise the business is not removed due to the minimum frontage requirement for the high-profile monument sign type.) and
3) That the granting of the sign variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; (The applicant states “It will not be in anyway concerning the question above.” Staff acknowledges the impact to the surrounding area is likely minimal as similar signs exist in the area and the proposed sign complies with all other design requirements of Chapter 106 and could be allowed on the property as proposed with an additional 134 feet of frontage along FM 306.) and
4) Granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Chapter; (The applicant states “It would not in anyway at all.” Staff notes the sign is proposed to be set farther back from the property line than required by nearly 50 feet and that while granting the proposed variance does not appear to pose a potential negative effect preventing orderly use of other land within the area, neighboring properties will still be required to comply with all the requirements of Chapter 106 for new sign construction.) and
5) That an undue hardship exists; (The applicant states “Yes, there is and it was not self-created, personal or financial. At the time that the land was originally platted (2004) sign ordinances were different and since platting have been updated creating a new minimum frontage distance. At the time of platting had this been a question it could have been addressed accordingly. Realizing that things are continually changing and that ordinances are usually in the best interest for all, situations are such that a new minimum frontage distance (although maybe with good intentions) can tremendously and adversely affect a future property and development. Either taking great strides when creating ordinances by addressing every possible situation which could be a very cumbersome process which is probably not feasible or simply allowing flexibility within final ordinances such that when in our case ordinance changes made can be considered by staff and could possibly not be as detrimental to a future development and a variance would then be a consideration as a last resort saving everyone the time and expense. TXDOT was granted road dedication for future expansion of highway and an adjoining developer was required to place a Fire Lane access at the front of development which is now required to continue across the front of the tract requesting this variance. As such, it has now pushed a signage opportunity back 102' from the outer edge of the existing main traffic lanes. If the property were located as most businesses are in close proximity to the roadway, we would be requesting a monument sign as preference. the extreme setback as well as the minimum frontage requirement that was not in place at the time of platting is the real issue so approval of a pylon sign remedy's this hardship.” Staff acknowledges the unique circumstance created by the platted 25-foot setback line and 20-foot utility easement as well as the required 24-foot fire lane in determining the proposed location of the requested sign but has not identified any other undue hardship of the land itself that prevents the property’s ability to construct an alternate sign type to the one requested to advertise the On the Grind coffee kiosk.) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states “Yes, it would. It would also be very consistent with surrounding businesses and their signage. Some of which I understood from the previous meeting were not even permitted. we are trying to do the right thing for both the city, community as well as our long-term business.” Staff notes the intent of the minimum frontage requirement for high-profile monument signs is to ensure adequate spacing of these larger sign types along higher trafficked roadways such as FM 306 and to prevent an overabundance of large signs on commercial property fronting the roadway. Staff also acknowledges the presence of other large commercial signage in the area that were constructed prior to the adoption of the sign code and are considered nonconforming, were constructed under an approved conditional sign permit, or constructed without an approved building permit.)
Per Section 2.2-2 of the Zoning Ordinance, a variance shall not be granted to relieve a self-created or personal hardship, nor based solely on economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by Chapter 144 to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.
GENERAL INFORMATION:
Size:
Lot area: 52,272 square feet
Lot depth: 315 feet
Lot width: approximately 166 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - Across FM 306, M-1 / Commercial
South - C-1 & C-1B / Institution
East - C-1, & Across FM 306, M-1 / Open & Commercial
West - C-1 & C-1B / Commercial and Institution
Notification
Public hearing notices were sent to 6 owners of property within 200 feet of the subject property. Staff has not received any responses.
RESOURCE LINKS:
• Chapter 106 Sign Ordinance, Sec 106-8 Variance and Appeal:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI_S106-8VAAP>
• Chapter 106 Sign Ordinance, Sec 106-14(a) Sign Dimensional Standards:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI_S106-14PEEMSIRE>
• Chapter 106 Sign Ordinance, Sec 106-14(b) Design Requirements:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI_S106-14PEEMSIRE>
• Chapter 106 Sign Ordinance, Sec 106-15 Principals of Sign Area Computation:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI_S106-15PRSIARCO>