PRESENTER: Presenter
Applicant: U.S. Signs, Lydell Toye
Owner: Juniper Ventures of Texas, LLC
Body
SUBJECT: Title
ZB23-0017 Hold a public hearing and consider a request for a variance from Section 106-14(a) to allow the placement of a high-profile pole sign in the “C-3” Commercial District, currently addressed at 1320 River Road.
Header
BACKGROUND RATIONAL:
Case #: ZB23-0017
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 at the northeast corner of Loop 337 and River Road. The property is approximately 1.3 acres in area with a lot depth of 416 feet, and a lot width of approximately 150 feet. The property is zoned “C-3” Commercial District and has been developed with a Shell fueling station and convenience store. There is currently one other freestanding commercial sign for the business with an overall height of approximately 24 feet.
The applicant, U.S. Signs, is requesting a variance to Sec. 106-14(a) to allow the placement of one freestanding high-profile pole sign on a property that does not allow pole signs at the proposed sign area, overall height, or distance setback from the property line. The applicant notes that the now elevated Loop 337 obstructs the view of the existing shell signage and store front and has had a negative effect on business operation since its construction.
New Braunfels’ Sign Ordinance allows sign types and sizes based upon the zoning district and specific street frontage. The property’s existing C-3 zoning and frontage along Loop 337 allows for alternatives to the proposed high-profile pole sign - listed below and in the attached comparison chart.
The existing C-3 zoning of the subject property allows the following freestanding signage options:
• 1 Freestanding Monument Sign per 300 feet of frontage
o Max area 48-square-feet, max height 10-feet, min setback 5-feet OR;
• 1 Low Profile Pole Sign per 300 feet of frontage
o Max area 20-square-feet, max height 10-feet, min setback 5-feet OR;
• 1 Electronic Message Monument Sign in lieu of any other signage
o Max area 48-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 20-square-feet, max height 10-feet, min setback 15-feet
Since the subject property has street frontage along Loop 337 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 pole sign:
• Overall sign area is approximately 169 square-feet in area,
• Overall sign height of approximately 60 feet, and
• Set back of approximately 0 - 5 feet from the property line.
• Approximately 350 feet away from other existing commercial signage on the property
Staff has noted that the proposed 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.
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 “Loop 337 & River Rd Highway was elevated to around 40' from grade. Existing 25' sign and entire gas station cannot be seen driving east or west on loop 337.” Staff acknowledges the visibility issues regarding this property and the now elevated Loop 337. Sec. 106-14(b)(3)(a) does allow additional sign height for high-profile pole signs but only for properties with street frontage along IH-35. Sec. 106-14(b)(5)(a) allows for additional sign height for high-profile monument signs for properties along Loop 337, however staff notes that the proposed sign is considered a high-profile pole sign and not a high-profile monument sign, therefore, the additional sign height allowance for properties with street frontage along Loop 337 for high-profile monument signs, as well as the additional sign height allowance for properties with street frontage along IH 35 for high-profile pole signs, would not apply to the proposed sign.) and
2) That the sign variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states “To let customers know where the Shell Station is located along Loop 337. Since freeway has been elevated, store sales have decreased by 40% overall.” Staff notes that other sign types are allowed on the subject property based on the C-3 zoning and frontage along Loop 337. The substantial property right to operate the Shell gas station in C-3 zoning and advertise the business is not removed by not being able to place a pole sign that exceeds the allowed height, sign area, and setback distance of sign types that are allowed on the property.) 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 “None whatsoever.” Staff notes that the property is not platted and does not have any recorded easements associated with a plat, but that the proposed location of the sign would be within close proximity to an existing small electrical pole connected to a building on the neighboring property. Chapter 106-18(3) states that all signs shall maintain a minimum clearance from electric power lines of ten feet horizontally and ten feet vertically, or as may otherwise be required by the utility provider.) 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 “No.” Staff notes that the proposed location of the sign is less than 5 feet from the abutting property.) and
5) That an undue hardship exists; (The applicant states “No.” Staff notes that the difference in grade from the now elevated Loop 337 and the preexisting Shell station is approximately 36 feet. Loop 337 was elevated in 2022 and was not initiated by the property owner.) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states “Yes.” Staff notes that the allowance for additional sign height along substantial roadways such as Loop 337 and IH 35 is intended to mitigate the negative impact between commercial developments effected by elevated roadways. However, Chapter 106 only allows pole signs similar to the sign area and height of the proposed sign on properties with street frontage along IH 35, and the subject property does have limited visibility from the roadway due to the elevation difference.)
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: approximately 56,149 square feet
Lot depth: approximately 416 feet
Lot width: approximately 150 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - C-3 / Open
South - Across Loop 337, M-1 / Commercial
East - C-3 / Commercial
West - Across River Rd, C-3 / Residential Low Density
Notification
Public hearing notices were sent to 4 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>