PRESENTER: Presenter
Colton Barker, Planner
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SUBJECT: Title
CS26-0262 Public hearing and consideration of a request by 24/7 Design, PLLC, on behalf of owner Kent Blacks New Braunfels Holdings LLC, for an Alternative Sign Plan to allow a proposed American flag to exceed the maximum allowable size for flags for property within the C-1B (General Business District) and with frontage along Loop 337, currently addressed at 936 Loop 337
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DEPARTMENT: Neighborhood & Community Planning
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COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case #: CS26-0262
Applicant: Mark Stuart
24/7 Design PLLC
605 Ridgecliff Dr.
New Braunfels, TX 78130
Owner: Kent Black
Kent Blacks New Braunfels Holdings LLC
2805 Lost Oasis Hollow
Austin, TX 78739
Staff Contact: Colton Barker
(830) 221-4274
CBarker@newbraunfels.gov
The subject property is an approximately 1.75‑acre commercial site occupied by The Original Black’s BBQ, located along Loop 337 just east of its intersection with East Common Street. The property is zoned C‑1B (General Business District).
The applicant, 24/7 Design PLLC, is seeking approval of an Alternative Sign Plan to allow an American flag that exceeds the maximum size permitted for properties within the C‑1B district. The property currently contains one freestanding pole sign advertising the restaurant, an abandoned pole‑sign structure (previously advertised Johnny Carino’s and after that, Gennaro’s), and several smaller flags mounted to the building that appear to comply with City standards.
The alternative sign plan process is intended to:
1. allow flexibility in creating alternative signage designs to complement a development’s unique characteristics;
2. increase sign area and/or height in lieu of multiple signs that would otherwise be allowed; and/or
3. allow additional signage due to unusual constraints associated with the property.
The Board of Adjustment can consider such requests within the context of a specific location and approval may be granted without the identification of a physical hardship due to the nature of the land.
GENERAL INFORMATION:
The subject property is a single lot with the following street frontages:
Loop 337: ~298-feet
East Common Street: ~224-feet
Total Street Frontage: ~522 feet
Surrounding Zoning and Land Use:
North: C-1 and R-1 - Commercial and Residential (across East Common St)
South: C-1 and R-1 - Commercial and Residential
East: R-1 - Residential
West: C-1 - Commercial (across Loop 337)
PROPOSAL:
The requested alternative sign plan proposes the following:
One (1) freestanding ground mounted flagpole with the following characteristics:
• Maximum flag size of 96 square feet;
• Maximum flagpole height of 60 feet;
• Setbacks of approximately 50 feet from the Common Street property line and approximately 60 feet from the Loop 337 property line.
The proposed freestanding flagpole is intended to provide a prominent display of the American flag that complements the site’s frontage along Loop 337 and East Common Street.
COMPREHENSIVE PLAN REFERENCE:
The request aligns with the following goals and policies of Envision New Braunfels:
• Action 1.14: Ensure regulations do not unintentionally inhibit the provision of a variety of flexible and innovative lodging options and attractions.
• Action 3.6: Pro actively provide a regulatory environment that remains business and resident friendly.
STRATEGIC PLAN REFERENCE:
N/A Economic Mobility N/A Enhanced Connectivity N/A Community Identity
N/A Organizational Excellence N/A Community Well-Being
FISCAL IMPACT:
N/A
ANALYSIS:
Staff notes the following regarding the proposal:
• Government Flag Standards - City rules establish only limited requirements for government flags. These flags are permitted in all zoning districts, with standards primarily addressing federal display protocol for the U.S. flag, a maximum flag size of 40 square feet, and a general height limit of 25 feet for flagpoles-except in certain non‑residential zoning districts where poles may match the district’s maximum building height. Beyond these provisions, the ordinance does not impose additional design or dimensional criteria, resulting in minimal regulatory requirements.
• Flagpoles Allowed at Greater Heights in C‑1B District - Within the C‑1B zoning district, ground‑mounted flagpoles for nonresidential uses may exceed the standard 25‑foot height limit and may be constructed up to the maximum building height permitted in the district, which is 75 feet.
• Flag Size Standards - The City’s sign code does not permit any increase in the maximum flag size. While taller flagpoles are allowed in certain nonresidential zoning districts (Section 106‑14(b)(4)(d)), the ordinance provides no corresponding allowance for increasing the size of the flag attached to such poles.
• Proposed Pole Height & Flag Size Relative to City Standards - The proposed flagpole height of 60 feet represents a 140% increase over the standard maximum height allowed for flagpoles in most zoning districts, and the proposed flag size reflects a comparable increase beyond what is permitted by code. However, because the property is located within the C‑1B district-where flagpoles may match the district’s maximum building height-the proposed 60‑foot height is an approximately 20% decrease from the maximum building height allowed in that district, although current surrounding commercial buildings are below that maximum allowed building height.
Recommendation
RECOMMENDATION:
Staff recommends approval of the Alternative Sign Plan with the following two conditions that would be consistent with the intent of the Alternative Sign Plan process:
1. that only an official United States flag may exceed the maximum flag size, up to 96 square feet; and
2. that the abandoned, former Johnny Carino’s/Gennaro’s, sign pole be removed.
Although the proposed flag size exceeds the standard allowance, it would be proportionate to the requested 60‑foot tall flagpole.
RESOURCE LINKS:
Chapter 106 Sign Code <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI > <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI%20>