PRESENTER: Presenter
Christopher J. Looney, AICP, Planning Director
Body
SUBJECT: Title
Approval of the first amended and restated development agreement between Lamar Advantage Holding Company and the City of New Braunfels related to the conversion of an existing static billboard (off-premises sign) to a digital billboard, on property on the south-bound side of IH 35 south of Alligator Creek, currently addressed at 4041 - 4029 S. IH 35
Header
DEPARTMENT: Neighborhood and Community Planning
Body
COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
Case # CS25-0363
Applicant/Owner: Lamar Advantage Holding Company
Curtis Bohuslav
7020 Hwy 290 E
Austin, TX 78723
Staff Contact: Matt Greene
(830) 221-4053 | mgreene@newbraunfels.gov
On November 12, 2024, the City Council approved a development agreement with Lamar Advantage Holding Company, authorizing the conversion of an existing static billboard into a digital billboard located at 1200 IH 35 North. The site is situated at the northeast corner of the IH 35 and SH 46 intersection, where P. Terry’s restaurant is also currently located.
As part of the agreement, Lamar Advantage Holding Company must comply with specified sign performance standards and is required to remove four (4) existing billboards owned by the company within the New Braunfels city limits. The development agreement was officially recorded with Comal County on November 26, 2024.
ISSUE:
The applicant was recently notified by the Texas Department of Transportation (TxDOT) the sign approved for the digital conversion on the P. Terry’s property will be condemned as part of a TxDOT project involving improvements to the IH 35 and SH 46 intersection (see attached applicant request letter with TxDOT exhibit). Section 106-11(5) of the City’s Code of Ordinances provides that, in cases where TxDOT acquires right-of-way for the construction or expansion of a state roadway, an existing off-premise advertising sign may be relocated on the remaining portion of the affected tract-provided that such relocation does not alter or replace the sign’s existing construction materials, configuration, or design in a way that extends its lifespan.
In this instance, TxDOT will be condemning the entire parcel on which the existing billboard is located. As a result, the City’s ordinances do not permit relocation of the sign to another property within the New Braunfels city limits or its extraterritorial jurisdiction (ETJ).
Due to the upcoming condemnation of the sign and property by TxDOT, the applicant is requesting an amendment to the existing development agreement to allow the conversion of a different static off-premises billboard, owned by Lamar Advantage Holding Company, addressed at 4041-4029 South IH 35. This alternative site is situated just north of the Camping World property and south of Alligator Creek. The proposed amendment would allow the existing static billboard at this location to be converted to an electronic (digital) billboard.
The existing sign pole will remain in place, with the current sign panels replaced by new digital display cabinets. The overall height (60 feet), width (48 feet), and sign area (672 square feet) of the proposed digital billboard will not exceed those of the existing static sign structure.
The only proposed amendment to the existing development agreement pertains to the address and location of the billboard to be converted from a static display to an electronic (digital) display (see attached Redlined Markup of Amending Development Agreement). All current sign performance standards, as well as the requirement to remove the four (4) identified existing billboards, will remain unchanged.
The development agreement will still require lighting of the sign cabinet to be in compliance with City and TxDOT rules and the following required performance standards:
• Sign will utilize self-adjusting technology so the brightness adjusts with the intensity of the surrounding ambient light. The digital display will be equipped with both a dimmer control and photocell that automatically adjusts the display’s intensity according to natural ambient light conditions.
• Sign will automatically adjust the brightness so that the brightness level of the sign is no more than 0.3 of a foot-candle over ambient light conditions at a distance of 250 feet from the sign.
• The sign may not increase the light level on a lot in a residential district over ambient conditions without the digital display, measured in foot-candles at the point closest to the sign that is five feet inside the residential lot and five feet above the ground.
• Before the issuance of approval of the plans for the sign, Lamar Advertising Company shall provide written certification from the sign manufacturer that:
i. The light intensity has been factory programmed to comply with the maximum brightness and dimming standards as stated above;
ii. The light intensity is protected from end-use manipulation by password-protected software or other method satisfactory to the Building Official.
The advertising messages on the sign display will also be in compliance with City and TxDOT requirements and include the following required performance standards per the current development agreement:
• Any change of images or information on the electronic sign shall not be permitted to produce the illusion of scrolling, moving objects, expanding or contracting shapes, rotation or any similar effect of animation.
• A static display with no special effect changes will be required between messages.
• Images must remain static for at least 8 seconds (the City’s minimum standard is only 3 seconds).
• The transition from each static image may not last more than two seconds.
• Images and information shall not have a solid white background between the time period of 30 minutes after sunset and 30 minutes before sunrise (the City presently has similar rules for backgrounds on all signage types which helps prevent unnecessary excessive light at night).
• The digital billboard display shall use diagnostics to monitor for problems or malfunctions and shall automatically alert the NOC (Network Operation Center) of pending issues. In the event of a significant problem or malfunction of the sign display (i.e. over bright module, flashing, etc.), the display shall be remotely turned off by an NOC technician until a service technician can be dispatched to the site to resolve the issue.
The applicant also provided manual contact information so that the City’s Code Compliance team will have a direct point of contact in the event the automatic NOC alert malfunctions.
In exchange for allowing the conversion of the existing non-conforming static billboard to a digital billboard, the applicant will remove 4 other existing off-premise billboard signs (8 sign faces and 16 light fixtures total) it owns within the City of New Braunfels (see descriptions of signs to be removed in the table below and in the Sign Removal Information attachment).
Per the development agreement, these signs will be removed within ninety days following the date of the City’s (and TxDOT’s) issuance of all necessary permits and approvals for the project and the billboard removals must be completed prior to operation of the digital billboard.
In addition, the development agreement guarantees the City a free advertising space on the digital billboard every day, limited to one side of the sign (the ad space will switch sides on the sign every 6-months). The ad space will be available to the City to advertise City sponsored events, hiring campaigns, weather updates and other City-related opportunities.
Likewise, the applicant will promptly make available the digital display to City law enforcement and fire department for emergency messaging, to include Amber Alerts and other missing persons announcements, disaster evacuation information, and other urgent public safety topics. Such messages will be added to the advertising rotation promptly and will remain in the advertising rotation for 48 hours, unless more or less time is requested in relation to the nature of the emergency and the message. The applicant shall also use best efforts to tie the digital billboard into the Texas state system for posting emergency messages by the Division of emergency Management, Department of Transportation, Department of Public Safety, and others as they enter the program.
COMPREHENSIVE PLAN REFERENCE:
The proposed development agreement amendment is consistent with the following goals and actions from Envision New Braunfels:
• Action 2.8: Establish or expand architectural standards for quality of design across the city.
• Economic Competitiveness Goal 5: Cultivate a free enterprise approach to growing an economy where the public and private sectors collaborate.
• Action 8.1: Explore possible city/community/private partnerships to leverage ideas and existing efforts.
• Action 8.10: Capitalize on geographic location.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☒Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
• Community Identity, Objective 3: Develop and implement comprehensive brand identity that represents the entire organization, clearly articulates and celebrates the culture of New Braunfels, highlights the unique assets of the community, and supports economic development and tourism efforts as well as City operations, including recruitment and retention.
FISCAL IMPACT:
The City will have free advertising for promotion of New Braunfels events, hiring campaigns, weather updates, and other City opportunities. Additionally, the removal of 4 older signs in various places in town enhances community aesthetics which in-turn attracts more private investment opportunities.
Recommendation
RECOMMENDATION:
Approval. The community will benefit from the amending development agreement through a reduction in visual signage clutter and night sky pollution resulting from the removal of four (4) existing billboards. It will also create opportunities for local businesses to access more flexible and affordable advertising options, as digital billboard space can accommodate multiple advertisers on a rotating basis, resulting in reduced demand for more physical billboards.
In addition, the digital sign will serve a public safety function by providing emergency notification messages to inform residents of important updates and alerts. And, the City will have the opportunity to display messages at no cost, including announcements for community events, recruitment campaigns, weather advisories, and other public information.
RESOURCE LINKS:
Chapter 106 Signs, Sec. 106-7 Nonconforming Sign Standards and Sec. 106-11 Prohibited Signs of the City’s Code of Ordinances: <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI>