PRESENTER: Presenter
Applicant: Southwest Texas Sign Service, Mary Gorman
Owner: AZTX1, LLC
Body
SUBJECT: Title
ZB23-0018 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 “M-1” Light Industrial District, currently addressed at 1225 Rivertree Drive.
BACKGROUND RATIONAL:
Case #: ZB23-0018
Applicant: Southwest Texas Sign Service
Mary Gorman
P.O. Box 23320
San Antonio, TX 78223
(210) 648 - 1928 Ð mary@swtss.com
Staff Contact: Colton Barker
(830) 221 - 4274 Ð cbarker@newbraunfels.gov
The subject property is located at the western corner of SH 46 and Rivertree Drive and is approximately 0.6 acres in area with a lot depth of 180 feet, and a lot width of approximately 100 feet. The property is zoned “M-1” Light Industrial District and is proposed to be redeveloped into an auto parts retail sales business. There is currently no other freestanding commercial signage located on the property.
The applicant, Southwest Texas Sign Service, 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 SH 46). The proposed sign otherwise meets the requirements of City of New Braunfels Sign Code 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 M-1 zoning and frontage along SH 46 allows for alternatives to the high-profile monument sign type - listed below and in the attached compression chart.
The existing M-1 zoning of the subject property allows the following freestanding signage options:
• 1 Freestanding Monument Sign per 300ft of frontage
o Max area 48-square-feet, max height 10 feet, min setback 10-feet OR;
• 1 Low Profile Pole Sign per 300ft of frontage
o Max area 20-square-feet, max height 10-feet, min setback 10-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 SH 46 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 148 square-feet,
• Overall sign height of approximately 20 feet, and
• Set back of approximately 6.4 feet from the property line.
Chapter 106-14(b)(5)(d) of the New Braunfels Code of Ordinances requires properties to have a minimum of 300 feet of street frontage along SH 46 to allow for the placement of a high-profile monument sign. The subject property has approximately 100 feet of frontage along SH 46.
The current sign ordinance does not allow for the placement of any signage within an existing utility easement without the permission of the easement holder. The applicant has communicated with and received approval from New Braunfels Utilities (NBU) to place the proposed sign within an existing 25-foot utility easement on the property following a recorded encroachment agreement with NBU - included as an attachment.
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 surrounding businesses in the area have larger freestanding signs so to stay competitive AutoZone is requesting a 20ft overall height freestanding sign for their property to be more visible in the area.” Staff notes while the property does not have sufficient frontage along SH 46 to allow for the placement of a high-profile monument sign, alternate sign types are allowed based on the properties M-1 zoning and frontage along SH 46.) and
2) That the sign variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states “The surrounding businesses in the area all have multiple signs on their properties, including wall signs and larger freestanding signs.” Staff notes that wall signs are exempt from regulations or permits under Chapter 106-10(a)(19) and that other sign types are allowed on the subject property based on the M-1 zoning and frontage along SH 46. The substantial property right to develop and operate the proposed AutoZone in M-1 zoning and advertise the business is not removed due to the minimum frontage requirement for the high-profile monument sign type. All high-profile monument signs along SH 46 must comply with all the design requirements of Chapter 106-14(b)(5).) 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 “The proposed freestanding sign for AutoZone will not be detrimental to the public health, safety or welfare or injurious to other surrounding properties. Other businesses in the area have freestanding signs so the freestanding sign for AutoZone would not take away from the other businesses.” Staff acknowledges the impact to the surrounding area is likely minimal as the proposed sign complies with all other design requirements of Chapter 106 and could be allowed on the property as proposed with an additional 200 feet of frontage along SH 46, and that similar commercial signage currently exists in the area.) 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 “The granting of the variance would not prevent the orderly use of other properties in the area since other businesses already have existing freestanding signs.” Staff notes 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 “This property is surrounded by easements so had to work with NBU to find a location on site that would even be allowed to place a freestanding sign. There was an approved encroachment agreement made that NBU agreed on a location that AutoZone could place a freestanding sign on site”. Staff acknowledges the recorded easement encroachment agreement with NBU to place the proposed sign within the 25-foot utility easement but has not identified an undue hardship of the land itself that prevents the property’s ability to construct an alternate sign to advertise the AutoZone development.) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states “The granting of the sign variance will be in harmony with the purpose of the City regulations. The city code does allow for larger freestanding signs so it is not that the request is for something the code does not allow at all but AutoZone would like to stay competitive with surrounding businesses.” 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 SH 46 and to prevent an overabundance of large signs on commercial property fronting the roadway.)
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 24,394 square feet
Lot depth: approximately 180 feet
Lot width: approximately 100 feet
Variance Request Due to Notice of Violation:
No
Surrounding Zoning and Land Use:
North - Across SH 46, C-3, R-2, and C-1Br42 / Commercial, Residential, and Open
South - R-2A / Single Family Residences
East - M-1, Across SH 46, C-3, C-1B, MU-B / Commercial, Residential, and Open
West - M-1 & C-3 / Industrial, Commercial, and Open
Notification
Public hearing notices were sent to 12 owners of property within 200 feet of the subject property. Staff has received responses in objection from property numbers 2 & 6, and a response in favor from property number 11.
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>