This is a Public Hearing and action item regarding a sign variance request to allow for a single-tenant electric monument sign with an approximate area of 66 square feet, approximate width of 51 feet, and to reduce the required setback for the sign to 0 feet. The monument sign is to be constructed for the Persimmon Amenity Center (Block I, Lot 1) on an approved retaining wall along the southern entrance of the amenity center. The sign is to act as the primary entry signage to display the various amenities offered alongside community identification. 

The proposal requires sign regulation variances as UDC § 4.02.08C limits the maximum are for a single-tenant monument sign to 35 square feet in the Transitional Residential (R-4) zoning district; UDC § 4.02.08C also limits the width of single-tenant monument signs to 15 feet; UDC § 4.02.08C also limits the setback of monument signs to a minimum of 10 feet from all property lines. 

In considering of whether to grant relief from UDC signage regulations, the Planning and Zoning Commission may consider whether: 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. The circumstances causing the hardship similarly affect all or most properties in the vicinity of or similarly classified as the applicant's property. The proposed sign location, configuration, design, materials, colors, and supporting structure are harmonious with the surrounding structures. The variance request includes mitigation measures related to the sign in question or other signs on the same premises. The request is the minimum amount necessary to meet the needs of the applicant and satisfy the standards of the sign regulations. The relief sought alters the character of, or impairs the use of, adjacent properties. The hardship suffered by the applicant is caused wholly or in substantial part by the applicant. The relief is sought is not primarily for financial reasons. Granting of the variance will be in harmony with the spirit and purpose of the sign regulations.

This property is located within Persimmon Phase 1 Section 2, with an assigned zoning district of One and Two Family Residential (R-3) and Transitional Residential (R-4) set forth as part of the Development Agreement (Ordinance 2024-30) and Planned Development. As part of the Development Agreement (DA) and the PD, the Rural Heritage Overlay does not apply. There have been 3 previous sign variance requests approved by the Planning & Zoning Commission;

1. Secondary Entry Monument Sign located 2001 Northland Drive, with a variance for width allowed up to 41 feet that was approved 10/14/2025 (V 25-09).

2. Commercial Cistern Monument Sign, located at the NE Corner of the FM 967 Roundabout, with 4 variances including; area of 72 square feet, height of 46 feet, a width of 111.17 feet, and setback reduction to 2.1 feet and; 

3. Commercial Tenant Monument Sign with 3 variances including; area of 72 square feet, a width of 111.17 feet, and a setback reduction to 2.1 feet, both 2 and 3 were approved on 01/27/2026 (V 25-08). 

The applicant has also submitted a common signage plan application (2025-369) that includes the proposed single-tenant monument amenity center sign alongside the previously approved signs (cistern monument, commercial tenant monument, and secondary entry). 

1. Variance (Setback)

Section 4.02.08C states that Monument signs (Single) with a zoning designation of R-4 (Transitional Residential) shall have a minimum setback of 10’. The applicant is requesting a variance to allow for the amenity center sign to be placed along the southwestern property line, on an approved retaining wall. Applicant claims this will prevent the construction of an additional structure that may prove difficult to fit on the remaining lot space and naturally provide a canvas for the proposed signage for the amenity center.

2.Variance (Total Width)

Section 4.02.08.C states that Monument signs (Single) with a zoning designation of R-4 (Transitional Residential) shall have a maximum width 0f 15’. The applicant is requesting a width of 51’ rather than the allowed 15’. In accordance with UDC Subsection 4.02.07D, the entirety of the monument sign’s structure width is accounted for in dimensional calculations. However, the width of the proposed signage is only 21.5’, whereas the 51’ being requested by the applicant reflects the approved retaining wall’s width.

3.Variance (Total Area)

UDC Subsection 4.02.08C states that the maximum allowable area for a single Monument Sign in the R-4 District is 35 sq ft. The applicant is requesting a 66 square foot sign, that is 88% larger than is allowed in the R-4 District. The applicant has stated that the proposed sign area is needed to effectively direct users to the amenities within the site.

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 for 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 location and configuration to be harmonious with the surrounding structures, the sign’s location on the retaining wall allows for minimal construction of additional structures and optimal visibility.
4. The variance request includes mitigation measures related to the sign in question or other signs on the same premises;
   • The variance would allow the applicant to place the signage on an already approved retaining wall, rather than needing to erect a new monument sign base.
5. The request is the minimum amount necessary to meet the needs of the applicant and satisfy the standards of the sign regulations;
   • Staff does not find the sign to be the minimum amount necessary to satisfy both the applicant and Sign Regulations because it still exceeds the maximum 35 square feet. However, some regulations for a monument sign are met including; height not exceeding 12 feet, and illumination allowed in R-4 zoning district (so long as an auto dimmer is provided).
6. The relief sought alters the character of, or impairs the use of adjacent properties;
   • Staff does not find the relief to alter or impair the character of adjacent properties;
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 for the proposal.
8. The relief sought is not primarily for financial reasons;
   • The proposed signage is primarily for wayfinding purposes and directing users within the Persimmon community to the amenities provided.
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 would generally not be in harmony with the spirit and purpose of the UDC’s sign regulations. Granting of the sign regulation variance would likely not be harmonious since the UDC does not intend to allow single-tenant monument signs at this width, area, or setback. 

Consideration of the variance has no financial impact. 

Pros: The Persimmon neighborhood receives optimal wayfinding to enhance connectivity within the community. 

Cons: Continuance of issuing sign variances could lead to a lack of regulatory consistency. 

The Planning and Zoning Commission may make a motion to:

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