This is a public hearing and action item regarding a Sign Regulation Variance request to allow for a Changeable Electronic Variable Message (CEVM) monument sign to be constructed for business located in the Form District 4 (F4). The property is located 204 Farms to Market 2001 Road.

According to UDC Subsection 4.02.06B.1.a, “Changeable Electronic Variable Message Signs are permitted only in the Interstate-35 Business (B-3) District and within 300 feet of I-35 by right.” The applicant is requesting a variance to allow for a Changeable Electronic Variable Message (CEVM) sign to be placed in the Form District 4 (F4) and approximately a 600-foot distance from I-35. The proposed CEVM monument sign would be constructed to the south-eastern portion of the property. UDC Subsection 4.02.06C has provisions allowing for CEVM signs in alternative areas, stating that “a request to permit an Changeable Electronic Variable Message Sign in areas not within the Interstate-35 Business (B-3) District or within 300 feet of I-35, that meet all of the other requirements may be approved by the Planning and Zoning Commission based on the criteria. The applicant has stated practical limitations of the business not having a CEVM, including; fluctuating fuel prices, operational disruptions, changes in weather that make it difficult to constantly change signage and competing businesses allowed CEVMs. However, applicant did not respond to the specific sign variance criteria.

The purpose of the City's sign regulations is to establish a clear set of standards related to the placement and specifications of commercial signage within the City's jurisdictional area. They balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising.

The property was annexed in August of 2010, where an existing pole sign with gas prices was designated as legal, non-compliant. The applicant had previously submitted an approved sign permit (2023-250) that included a refacing of existing diamond shaped canopy sign, refacing of an existing arrow canopy sign, and refacing of the aforementioned pole sign with no structural changes. The pole sign was later heavily damaged due to a significant weathering that led to the sign being removed altogether from the property. 

Sign Variance Criteria:

1. There are special or unique circumstances or conditions arising from the physical surroundings, shape, topography, or other feature affecting the property on which the sign is to be located;
   • There are no special or unique circumstances or conditions arising from the physical surroundings, shape, topography, or other features affecting the property.
2. The circumstances causing the hardship similarly affect all or most properties in the vicinity of or similarly classified as the applicant's property;
   • Staff does not find there to be any hardships that are necessitating this proposal.
3. The proposed sign location, configuration, design, materials, colors, and supporting structure are harmonious with the surrounding structures;
   • Staff finds that the proposed sign configuration, material, colors, and supporting structure are generally harmonious with the surrounding structures, though CEVM signage is not permitted in this location per the UDC. However, it should be noted that other gas stations not within the B-3 District or within a 350 foot distance from I-35, have been allowed as CEVM, whether they existed prior to current code or annexation, or through variance or Development Agreement approval processes.
4. The variance request includes mitigation measures related to the sign in question or other signs on the same premises;
   • The applicant has not proposed mitigation measures relevant to the sign or other signs on the premises. However, the applicant is requested a 8 foot tall monument sign where a 12 foot monument sign could be placed.
5. The request is the minimum amount necessary to meet the needs of the applicant and satisfy the standards of the sign regulations;
   • Staff finds that the sign request meets the minimum amount necessary to satisfy both the applicant and sign regulations. In accordance with UDC Subsection 4.02.06B.2.a, the hard maximum electronic message area is 12 square feet. The applicant has presented the signage with a total area of 10 square feet. Additionally, the applicant has indicated the use of an automatic dimmer for the signage, appropriate setbacks, and signage dimensions, reflecting compliance for both CEVM and Monument Sign limitations.
6. The relief sought alters the character of, or impairs the use of adjacent properties;
   • Staff interprets that the relief will not alter or impair the use of adjacent properties. In accordance with UDC Subsection 4.02.06B.1.d, the CEVM sign exceeds the required 350 feet from the nearest residentially zoned property. Additionally, the CEVM will not be within 750 feet of a Historic Landmark or within the Historic Overlay (O-H) District.
7. The hardship suffered by the applicant is caused wholly or in substantial part by the applicant;
   • Staff does not find there to be any hardships that are necessitating this proposal.
8. The relief sought is not primarily for financial reasons;
   • Staff does not find relief sought for financial reasons.
9. Granting of the Sign Variance will be in harmony with the spirit and purpose of the sign regulations;
   • Staff finds that granting the Sign Variance could generally be considered in harmony with the spirit and purpose of the UDC sign regulations. Though the designated zoning is not B-3 and rather, Form District 4, the signage aligns with other considerations outlined within UDC Subsections 4.02.06B.1 and 4.02.06B.2 (see below). The proposed CEVM does not interfere with residential zoning designations within 350 feet of the property. Additionally, the proposed sign does not exceed the UDC's hard maximum of 12 square feet for the variable message area and comes in at approximately 10 square feet (when calculating the CEVM as four times). The applicant has indicated that an auto dimmer will be installed with the signage to not exceed a daytime NITs limit of 5000 and a nighttime NITs limit of 500. Staff believe that the sign meets the criteria outlined by UDC Subsection 4.02.06C Changeable Electronic Variable Sign Message: The potential for interference with the enjoyment of the use of surrounding properties and compatibility with land uses; the surrounding properties include Automobile or Other Motorized Vehicle Sales, Bank or Financial Institution, Hospital (Acute Care), Fire Services Station and Commercial Use. The proposed signage exceeds the required 350-foot distance from the nearest residential property and is not within 750 feet of a Historic Landmark or the Historic Overlay District (O-H). The zoning district and the adjoining zoning districts of the property for which the Changeable Electronic Variable Message Sign is sought; the adjacent properties are within city limits, located west and zoned B-3. Of those B-3 properties, those properties would be allowed to have CEVMs within 300 feet of I-35. Whether the request is harmonious with the public interest; staff does not see a correlation between the requests being harmonious with the public interest. Consistency with the purposes of this Code; other than the proposed variance, signage aligns with the requirements outlined in UDC Subsection 4.02.06CB.2, a hard maximum of 12 square feet, for purposes of calculating area of a monument sign, the Changeable Electronic Variable Message Sign counts four times, constructed such that the sign does not face, shine, or reflect light in any manner or angle into a property with any residential zoning designation or use, maximum daytime NITs of 5,000; maximum nighttime NITs of 500, provide a minimum display time for each static image of at least six (6) seconds, no display of a solid white background, a static display with no animation, virtual movement, flashing or multimedia/video, no special effect transitions between each static display. 

Consideration of this item has no financial impact. 

Pros: The applicant would be able to proceed with their desired signage.  

Cons: Staff does not find that the proposed signage will have any negative impacts, so long as lighting regulations are ensured. 

The Planning and Zoning Commission may make a motion to:

• Approve as presented. 
• Approve with conditions. 
• Deny 
• Table for future consideration.