HomeMy WebLinkAbout09/14/2022 - Agenda Packet - Zoning Board of Adjustments
College Station, TX
Meeting Agenda
Zoning Board of Adjustment
1101 Texas Ave, College Station, TX 77840
Internet:https://zoom.us/j/84753502092
Phone: 888 475 4499 and Webinar ID: 847 5350 2092
The City Council may or may not attend this meeting.
September 14, 2022 6:00 PM City Hall Council Chambers
College Station, TX Page 1
Notice is hereby given that a quorum of the meeting body will be present in the physical
location stated above where citizens may also attend in order to view a member(s) participating
by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third-
party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting
access and participation will be in-person only.
1. Call meeting to order and consider absence requests.
2. Agenda Items
2.1. Consideration, discussion, and possible action to approve meeting minutes:
Attachments: 1. June 16, 2022
2.2. Discussion of Approved Administrative Adjustments:
AWV2022-000009 500 College Main; Building Setback
Sponsors: Jesse Dimeolo
2.3. Public Hearing, presentation, discussion, and possible action regarding a variance to the Unified
Development Ordinance (UDO) Section 7.3.I 'Drive-Through Facility Queuing Requirements' for
the property located at Redmond Terrace, Block 8, Lot 2, generally located at 1512 Texas Avenue
South. The subject property is zoned PDD Planned Development District. Case #AWV2022-
000011.
Sponsors: Robin Macias
Attachments: 1. Staff Report
2. Vicinity Map, Aerial, and Small Area Map
3. Applicant's Supporting Information
4. Site Plan
2.4. Public Hearing, presentation, discussion, and possible action regarding a height variance to the
Airport Zoning Ordinance for the property located at 401 First Street, Boyett Subdivision Block
13, Lots 1-14 which is zoned NG-1 Core Northgate. Case #AWV2022-000013
Sponsors: Derrick Williams
Attachments: 1. Staff Report
2. Vicinity Map, Aerial, and Small Area Map
3. Applicant’s Supporting Information
4. Federal Aviation Administration Documentation
5. Easterwood Airport Management Documentation
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Zoning Board of Adjustment
Page 2 September 14, 2022
6. TAMU System Documentation
7. Crane Exhibit
3. Discussion and possible action on future agenda items.
A member may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall be limited to
a proposal to place the subject on an agenda for a subsequent meeting.
4. Adjourn.
Adjournment into Executive Session may occur in order to consider any item listed on the agenda if a
matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,
1101 Texas Avenue, College Station, Texas, on September 7, 2022 at 5:00 p.m.
City Secretary
This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting
and who may need accommodations, auxiliary aids, or services such as interpreters,
readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD
at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the
meeting so that appropriate arrangements can be made. If the City does not receive notification
at least two business days prior to the meeting, the City will make a reasonable attempt to
provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."
Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire
libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411,
Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad
portando arma de mano al aire libre.”
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June 16, 2022 Zoning Board of Adjustments Minutes Page 1 of 4
MINUTES ZONING BOARD OF ADJUSTMENT
Regular Meeting June 16, 2022 4:00 P.M. Internet: https://zoom.us/j/ 86388855872 Phone: *888 475 4499 and Meeting ID: 863 8885 5872
MEMBERS PRESENT: Fred Dupriest, Rachel Smith, James Hutchins, and Roger Winkler CITY STAFF PRESENT: Michael Ostrowski, Molly Hitchcock, Jesse Dimeolo, Derrick Williams, Leslie Whitten, Thomas Bruman, and Crystal Fails
1. Call meeting to order
Chairperson Dupriest called the meeting to order at 4:00 p.m. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes:
Board Member Smith motioned to approve the meeting minutes from May 3, 2022; seconded by Board Member Hutchison. Motion passed (4-0).
2.2. Public Hearing, presentation, discussion, and possible action regarding a height
variance to the Airport Zoning Ordinance for the property located at 401 First Street,
Boyett Subdivision Block 13, Lots 1-14 which is zoned NG-1 Core Northgate. Case
#AWV2022-000007
Derrick Williams, Staff Planner, presented the item and stated that the applicant is
requesting a height variance to the Airport Zoning Ordinance.
Staff recommended approval of the request due to the fact that the request meets the
specified criteria. Specifically:
1. A literal application or enforcement of the regulation would result in practical
difficulty or unnecessary hardship.
2. The granting of the relief would result in substantial justice being done.
3. The granting of the relief would not be contrary to the public interest.
4. The granting of the relief would be in accordance with the spirit of the
regulation.
Board Member Smith asked for clarification on the height of the crane.
Staff Planner, Williams, stated that it was 95 feet Above Mean Sea Level.
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June 16, 2022 Zoning Board of Adjustments Minutes Page 2 of 4
Chairperson Dupriest opened the public hearing.
Applicant, Veronica Morgan, Mitchell & Morgan Engineers, presented to the board. She
gave the history of the project as well as information relating to the heights of the
cranes.
Attorney, Mike Gentry, West, Webb, Allbritton & Gentry Law Office, 1515 Emerald
Plaza, spoke in favor of the variance request, due to the hardships such as the
impossibility of constructing the building without the use of cranes, and depriving the
community of needed student housing.
Chairperson Dupriest closed the public hearing.
Chairperson Dupriest asked if all were clear about the reference to height Above Mean
Sea Level.
There was general agreement that all were clear about the reference to the height Above
Mean Sea Level.
Board Member Smith asked staff if the crane was only temporary.
Staff confirmed that the cranes would be temporary.
Board Member Winkler commented about this setting a precedent.
Board Member Smith motioned to approve the variance as it will not be contrary
to the public interest, the fact that the Federal Aviation Administration (FAA) and Texas A&M University did not have concerns, and that the approval was within the Zoning Board of Adjustments jurisdiction; seconded by Board Member Winkler. Motion passed (4-0).
2.3. Public Hearing, presentation, discussion, and possible action regarding a sign
variance to the Unified Development Ordinance (UDO) Section 7.5.N.5
‘Freestanding Commercial Signs’ for the property located at College Hills Estates
Phase 4, Block 18, Lot 10 and Culpepper Plaza Block A, Lots 1E, 1F-1 and 1F,
generally located at 201 Dominik Drive. The subject property is zoned GC General
Commercial. Case #AWV2022-000005
Jesse Dimeolo, Staff Planner, presented the item and stated that the applicant is
requesting a sign variance to the Unified Development Ordinance (UDO) Section
7.5.N.5 ‘Freestanding Commercial Signs to install as second freestanding sign.
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June 16, 2022 Zoning Board of Adjustments Minutes Page 3 of 4
Staff recommended denial of the request due to the fact that the request does not meet
the specified criteria. Specifically:
1. There are no extraordinary conditions affecting the land depriving the owner
of its use, due to the frontage not being large enough to meet the requirements
of a second freestanding sign.
2. The variance is not necessary for the enjoyment of a substantial property right,
due to the availability other sign options.
3. The variance maybe detrimental to other properties in the area that redevelop
over time, creating competition for visual dominance of the corridor.
4. The same sign requirements apply to all other properties in the vicinity.
5. A hardship has only occurred due to the applicant’s own desire to advertise
with an additional sign that is not permitted.
Chairperson Dupriest opened the public hearing.
Applicant, Michael Haggerty, Wakefield Signs, presented to the board. He stated that
there is no visual recognition of the Blue Baker entrance on George Bush from Texas
Avenue and the request for the variance would help motorists identity the entrance.
Board Member Hutchison asked the applicant if the adjacent lot is zoned GC as well.
Applicant, Michael Haggerty, stated that yes, it is also zoned GC.
Board Member Smith asked the applicant if it was possible for the customer to use the
normal entrance on Dominik Drive.
Applicant, Michael Haggerty, stated that yes.
Owner, David Fox, 1309 Walton Dr, spoke in favor of the variance request. He stated
that the city approached him to rezone the area back in 2016. He gave the history of the
process of the rezoning as well as the process of the signage.
Chairperson Dupriest closed the public hearing.
There was discussion amongst the Board regarding the size of the sign, the extra lot that
is not included in the commercial building plot and the distance from the curb. There
was also discussion about the timing of the signage and the redevelopment of the area.
Board Member Smith motioned to deny the variance as it will be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to the applicant; seconded by Chairperson Dupriest. Motion passed (3-1)
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June 16, 2022 Zoning Board of Adjustments Minutes Page 4 of 4
with Board Member Winkler voting in the negative. The variance failed.
2.4. Presentation and discussion regarding a Unified Development Ordinance Amendment
the City Council considered at their regular meeting on June 9, 2022 related to the
powers, duties, and processes of the Zoning Board of Adjustment.
Molly Hitchcock, Assistant Director, provided an overview of the Unified
Development Ordinance amendment that the City Council approved relating to the
powers, duties, and processes of the Zoning Board of Adjustment. The amendments
to the UDO were to the following sections:
1. 2.3 Zoning Board of Adjustments
2. 3.17 Written Interpretation
3. 3.19 Variance
4. 3.20 Administrative Adjustments
Chairperson Dupriest questioned if there were any changes that were made other than
changes made by the State.
Ms. Hitchcock, Assistant Director, stated other than general clean up items, there
were not.
3.Discussion and possible action on future agenda items - A member may inquire about a
subject for which notice has not been given. A statement of specific factual information or
the recitation of existing policy may be given. Any deliberation shall be limited to aproposal to place the subject on an agenda for a subsequent meeting.
There was no discussion.
4.Adjourn.
The meeting adjourned at 5:05 p.m.
Approved: Attest:
______________________________ ________________________________ Fred Dupriest, Chairperson Crystal Fails, Staff Assistant
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Zoning Board of Adjustment Page 1 of 4
September 14, 2022
VARIANCE REQUEST
FOR
1512 Texas Avenue South
AWV2022-000011
REQUEST:A reduction to the minimum drive-through facility queuing requirements as set
forth in Section 7.3.I of the Unified Development Ordinance.
LOCATION:1512 Texas Avenue South
Redmond Terrace, Block 8, Lot 2
ZONING:PDD Planned Development District
PROPERTY OWNER:Colina Ventosa LTD
APPLICANT:CDA Architects
PROJECT MANAGER:Robin Macias, Staff Planner
rmacias@cstx.gov
BACKGROUND: The applicant is seeking to relocate the existing order box for a new tenant that
will be occupying a vacant tenant space at the end of an existing shopping
center located at 1512 Texas Avenue South. Section 7.3.I ‘Drive-Through Facility
Queuing Requirements’ Subsection 1 ‘Minimum Number of Spaces’ of the
Unified Development Ordinance requires a minimum of four queuing spaces for
the order box and a minimum of three queuing spaces from the order box to
the pick-up window. The current location of the order box meets the
requirements set forth in the Unified Development Ordinance. The applicant
has installed a new payment-only window which is located close the the existing
order box. The applicant is requesting to relocate the order box in order to
increase the distance between the order box and new payment-only window.
Relocating the order box as proposed would only allow for two queuing spaces
for the order box before queueing vehicles would come into conflict with access
to the existing service area for the building. The UDO Section 7.3.I.2.a (‘Design
and Layout’) states that “Queue spaces or queuing areas may not interfere with
parking spaces, parking aisles, loading areas, internal circulation, or driveway
access.” As only two spaces could safely queue for the proposed order box
location, the proposal would not meet the minimum requirements of four
queuing spaces for the order box as set forth in Section 7.3.I Subsection 1.
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Zoning Board of Adjustment Page 2 of 4
September 14, 2022
APPLICABLE
ORDINANCE SECTION: UDO Section 7.3.I ‘Drive-Through Facility Queuing Requirements’
ORDINANCE INTENT: UDO Section 7.3.I ‘Drive-Through Facility Queuing Requirements’ sets minimum
number, design, and layout of queuing spaces required for businesses with a
drive-through. These standards are established in order to avoid public safety
hazards and parking lot access and circulation issues caused by failure to
provide adequate vehicular queuing.
RECOMMENDATION:Staff recommends denial of the variance request.
NOTIFICATIONS
Advertised Board Hearing Date: September 14, 2022
The following neighborhood organizations that are registered with the City of College Station’s Neighborhood
Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: 9
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: None at the time of this report
ADJACENT ZONING AND LAND USES
Direction Zoning Land Use
Subject Property PDD Planned Development District Commercial Shopping Center
North PDD Planned Development District Commercial - Hotel
South GC General Commercial Commercial Shopping Center
East GC General Commercial Commercial Shopping Center (across Texas
Ave, a major arterial)
West R-6 High Density Multi-family Multi-Family
PHYSICAL CHARACTERISTICS
1.Frontage: The subject property has approximately 262 feet of frontage on Texas Avenue South.
2.Access: The subject property takes access from Texas Avenue South.
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Zoning Board of Adjustment Page 3 of 4
September 14, 2022
3.Topography and vegetation: The subject property is relatively flat with a few existing trees.
4.Floodplain: The subject property is not located within FEMA regulated floodplain.
REVIEW CRITERIA
According to Unified Development Ordinance Section 3.19.E ‘Criteria for Approval of Variance’, no variance shall
be granted unless the Board makes affirmative findings in regard to all nine of the following criteria:
1.Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such
that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his
land.
Staff has found no extraordinary or special condition exists that would deprive the applicant of a reasonable
use of the land. The applicant has stated that the layout of the new payment-only window is a special
condition to be considered. The payment-only window was a choice of the applicant and is not required by
the UDO. The drive-through on the property may still be utilized, and the existing location of the order box
continues to meet the UDO’s queuing space and design requirements.
2.Other property: That these conditions do not generally apply to other property in the vicinity.
There were no extraordinary conditions identified for the property. The Drive-Through Facility Queuing
Requirements apply to all commercial property with drive-throughs within a non-residential zoning district.
3.Enjoyment of a substantial property right: That the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
The variance is not necessary for the preservation and enjoyment of the substantial property right of the
applicant. If the proposed variance is not granted, the applicant can leave the existing order box in the
existing location and be in compliance with Section 7.3.I ‘Drive-Through Facility Queuing Requirements’ of
the UDO.
4. Hardships: That the hardship is not the result of the applicant’s own actions.
A hardship has occurred based upon the applicant’s own actions and does not occur due to an extraordinary
condition of the land. The applicant has constructed a payment-only window within the existing tenant
space to fit their business model better. The placement of this payment-only window has created the
applicant’s request to move the order box. Due to the location of the payment window, there is now no
queuing space between the existing location of the order box and the new payment window.
5.Subdivision: That the granting of the variance will not have the effect of preventing the orderly subdivision of
land in the area in accordance with the provisions of this UDO.
The granting of the variance will not have the effect of preventing the orderly subdivision of land in the area
in accordance with the provisions of the UDO. The surrounding properties are all platted and developed lots.
6.Flood hazard protection: That the granting of the variance will not have the effect of preventing flood
hazard protection in accordance with Article 8, Subdivision Design and Improvements.
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Zoning Board of Adjustment Page 4 of 4
September 14, 2022
The granting of this variance will not have the effect of preventing flood hazard protection in accordance
with Article 8, Subdivision Design and Improvements as the site is already developed and due to no portion
of this property being located within floodplain.
7.Comprehensive Plan: That the granting of the variance would not substantially conflict with the
Comprehensive Plan and the purposes of this UDO.
The granting of this variance does not substantially conflict with the Comprehensive Plan and with the
purposes of the UDO.
8.Utilization: That because of these conditions, the application of the UDO to the particular piece of property
would effectively prohibit or unreasonably restrict the utilization of the property.
The application of the UDO standards to this particular property does not restrict the applicant in the
utilization of their property. The applicant is still able to utilize their property as a commercial tenant space
with a drive-through. The applicant would like the Board to consider that granting the variance would be
more efficient for their business as it would allow more space between the order box and the payment-only
window.
9.Substantial detriment: That the granting of the variance will not be detrimental to the public health, safety,
or welfare, or injurious to other property in the area, or to the City in administering this UDO.
Granting the variance would be detrimental to the public health, safety, or welfare, or injurious to other
property in the area, or to the City in administering the UDO. If the order box were relocated further back
from the building, cars may stop further back along the drive aisle, increasing the chances of blocking access
to/from the service area at the back of the building.
ALTERNATIVES
There are no alternatives to the requested variance to meet the requirements set forth in Section 7.3.I ‘Drive-
Through Facility Queuing Requirements’ of the UDO. The applicant has stated that they could install a sign that
states not to block the service entrance to ensure the service entrance is not blocked. Staff has determined that
placing a sign before the service entrance might discourage stopping at the entrance, but would not be
enforceable and would cause the queuing area to then block the existing parking spaces located near the service
area.
The applicant has also offered to move the proposed location of the order board between the existing and
desired location, which would allow for one car to queue between the board and payment window. Should the
Board find that a variance to the terms of Section 7.3.I is warranted, this alternative would decrease the scale of
the variance.
STAFF RECOMMENDATION
The applicant is seeking a reduction to the minimum queuing requirements as set forth in Section 7.3.I ‘Drive-
Through Facility Queuing Requirements’. Due to the lack of a unique extraordinary condition that has resulted
in a hardship to the owner, Staff recommends denial of the variance request.
ATTACHMENTS
1. Vicinity Map, Aerial, and Small Area Map
2. Applicant’s Supporting Information
3. Site Plan
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Name of Project: DAVE'S HOT CHICKEN
Address: 1512 TEXAS AVE S
Legal Description: REDMOND TERRACE, BLOCK 8, LOT 2, ACRES 1.645
Applicant: CDA ARCHITECTS
Property Owner: 1502 TEXAS AVE SOUTH LLC
Applicable ordinance section being appealed/seeking waiver from:
Section 7.3 Section I.2.a in the UDO
The stacking requirements for the City can not be met because of the existing service area. The UDO says the
cars can not stack in front of this area. The tenant would like to move the order board and pre-menu board for
better efficiency.
The following specific variation to the ordinance is requested:
Move the order board to better accommodate the tenant, and better comply with the 4 spaces required per
Section 7.3 Section I.1 Table in the UDO (see the attachment for the placement)
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Lack of car stacking between the payment only window and order point makes for inefficient drive thru system
The following alternatives to the requested variance are possible:
Move order board so there is 1 car between payment and order board. OR a sign that says do not block drive
can be added so the service drive is not blocked.
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
The following special condition exists:
The service drive requirements in the UDO and the stacking requirements in the UDO can not both be met
based on the existing site layout.
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The variance will not be contrary to public interest due to:
The service vehicles that may need to use the service drive will still have access to this area. The vehicles in
the drive thru are not parked, and therefore will not create a standing issue for service vehicles.
Page 2 of 2
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TEXAS AVE SPROPOSEDDAVE'S HOT CHICKENFH246'-7"FH58'-9 3/8"FHNOPARKINGNOPARKINGFHTRYP BY WYNDHAM COLLEGE STATIONEXISTING ASPEN DENTAL
EXISTING
SLEEP NUMBER
EXISTING
WAYBACK
BURGER
EXISTING FANCY NAILS & SPA
EXISTING SIGNATURE
CARE ER
EXISTING CHINESE YE
STAR BUFFET 149'-9 13/16"EXISTING FIRE LANEPROPOSED DRIVE THRU
PROPOSED DR
IVE
THRUWALK-UP WINDOWEXISTING DRIVE THRUWINDOWNEW DRIVE THRUWINDOW(PAYMENT ONLY)EXISTING
SERVICE AREA
DETECTOR LOOP, BYVENDORORDER POINTRE: G20110°2'-6"3'-0"
℄℄℄1'-6"22'-10"DIRECTIONAL SIGNRE: G201EQ.EQ.℄1'-2"℄BOLLARDRE: 2/A001PRE-MENU BOARDRE: G201CLEARANCEBAR RE:G2012PIPE BOLLARDSCALE: 1/2" = 1'-0"4'-0"2'-0"1'-0"2" DOME CONC.CONCRETE FOOTING3" TYP3"6" CONC. FILLEDGALVANIZED STEELPIPE BOLLARD. PAINTSAFETY YELLOWCONCRETE PIPEBOLLARDA001
SITE PLAN 1SITE PLANSCALE: 1" = 20'SHEET NO.
SCALE: AS INDICATED
PROJECT: 21125
DATE: 9/21/2021
DAVE'S HOT CHICKEN - COLL.STAT.
1512 TEXAS AVENUE #100
COLLEGE STATION, TEXAS
PERMIT ISSUE 11/18/2021
Date: ____________6/20/2022
A2 ADDENDUM #2 - CITY RESPONSE 1/24/2022
A3 ADDENDUM #3 - CITY RESPONSE 2/9/2022
MODIFICATION #2 - CONSTRUCTION ISSUE 5/9/2022
M3 MODIFICATION #3 6/20/2022M3M3Page 16 of 54
Airport Zoning Board of Adjustment Page 1 of 3
September 14, 2022
AIRPORT ZONING BOARD OF ADJUSTMENT
AIRPORT HEIGHT VARIANCE REQUEST
FOR
401 First Street
AWV2022-000013
REQUEST:Easterwood Airport Zoning Variance
LOCATION:401 First Street
Boyett Subdivision Block 13, Lots 1-14
ZONING:NG-1 Core Northgate
PROPERTY OWNER:MAMASH, LLC C/O Ibrahim M. Elnihum
Ibrahim M. Elnihum & Ibtisam M. Hosein
M. Moore Properties, LLC C/O Mary Elizabeth Moore
Running Mule, LLC C/O Jeff Johnson
APPLICANT:Veronica Morgan, Mitchell & Morgan, LLC
PROJECT MANAGER:Derrick Williams, Staff Planner
dwilliams@cstx.gov
RECOMMENDATION:Approval
BACKGROUND: A new mixed-use development has been proposed in Northgate, encompassing
the block surrounded by Wellborn Rd, Maple Ave, First St, and Louise Ave. The
building is anticipated to have commercial space and parking garage on the first
floor, with residential units and parking garage above the floor level. As per the
Airport Zoning Ordinance for Easterwood Airport, the maximum height of a
structure at this location may be 470.6 feet Above Mean Sea Level (AMSL).
On June 16, 2022, the Zoning Board of Adjustment granted temporary airport
height variances of 132.4 and 94.4 feet for two cranes to construct the
proposed building, which itself will be in compliance with the height zoning in
the ordinance. To erect and disassemble the two construction cranes, a Mobile
Crane Helper is proposed to be utilized that would sit a maximum of 305 feet
above ground level, which would be 650 AMSL. The airport zoning ordinance
specifies that even temporary structures such as construction cranes are subject
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Airport Zoning Board of Adjustment Page 2 of 3
September 14, 2022
to the height limitations of the ordinance and require a variance to be erected.
With the limitation of 470.6 feet above mean sea level, the applicant is
requesting a temporary height variance of 180 feet for the Mobile Crane Helper.
ORDINANCE INTENT: The purpose of the Airport Zoning Ordinance is to establish clear and
unambiguous regulations for the protection of the lives and property of users,
owners, and occupants of and in the vicinity of Easterwood Field Airport and for
the protection of airport operations.
NOTIFICATIONS
Advertised Board Hearing Date: September 14, 2022
Property owner notices mailed: 15
Contacts in support: None at time of staff report
Contacts in opposition: None at time of staff report
Inquiry contacts: None at time of staff report
ZONING AND LAND USES
Direction Zoning Land Use
North NG-1 Core Northgate Multi-Family & Duplex
East NG-3 Residential Northgate Multi-Family
South NG-1 Core Northgate Multi-Family & Mixed Use
West N/A (ROW)Wellborn Road
REVIEW CRITERIA
According to the Texas Local Government Code Section 241.034 Variances, the Board shall allow a variance from
an airport zoning regulation if all of the following criteria are met:
1. A literal application or enforcement of the regulation would result in practical difficulty or unnecessary
hardship.
2. The granting of the relief would result in substantial justice being done.
3. The granting of the relief would not be contrary to the public interest.
4. The granting of the relief would be in accordance with the spirit of the regulation.
The board may impose any reasonable conditions on the variance that it considers necessary to accomplish the
purpose of airport zoning.
The variance request is to allow for a temporary Mobile Crane Helper that is needed to erect and dismantle the
two temporary cranes needed to build the proposed permanent building structure. The two temporary cranes
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Airport Zoning Board of Adjustment Page 3 of 3
September 14, 2022
were previously approved and granted height variances. The Easterwood Airport Management (EAM) team has
no objections to granting a temporary height variance for the Helper Crane and the FAA has made the
determination that No Hazard to Air Navigation for Temporary Structure is present for the Mobile Crane Helper
associated with the 401 First Street Student Housing project. In consultation with the EAM team, the TAMU
System has no objections to the granting a temporary height variance.
Without the height variance, the cranes needed to construct the building will not be able to be assembled on
site. Allowing the temporary height encroachment for the Helper Crane to construct the allowed construction
cranes would result in substantial justice being done. The relief would not be contrary to the public interest as it
has been deemed acceptable by the FAA, airport, and the TAMU System with additional safety precautions and
communication processes between the applicant and airport required. The relief would be in accordance with
the spirit of the regulation to allow development while protecting lives, property, and airport operations.
STAFF RECOMMENDATION
After reviewing the request and the related criteria, the information provided by EAM and TAMU, as well as the
temporary nature of the crane, staff recommends approval of the request. The granting of the variance would
result in substantial justice being done without being contrary to the public interest, and the spirit of the
regulation remains.
ATTACHMENTS
1. Vicinity Map, Aerial, and Small Area Map
2. Applicant’s Supporting Information
3. Federal Aviation Administration Documentation
4. Easterwood Airport Management Documentation
5. TAMU System Documentation
6. Crane Exhibit
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Name of Project: 401 FIRST STREET STUDENT HOUSING HELPER CRANE
Address: 401 FIRST ST
Legal Description: BOYETT, BLOCK 13, LOT 13-14 (E HLF OF)
Applicant: MITCHELL & MORGAN
Property Owner: MAMASH LLC
Applicable ordinance section being appealed/seeking waiver from:
Airport Zoning Ordinance height restriction to the Horizontal Surface, Section 4. (3).
The following specific variation to the ordinance is requested:
Height Variance of 180-feet to the Horizontal Surface for Easterwood Airport for a helper crane that will be
used to erect and subsequently disassemble the two temporary cranes that have previously been approved
and have received a height variance. FAA approval of this height variance is attached.
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
A strict application of the ordinance may constitute a hardship in this case since the request does not violate
the spirit of the ordinance as described in the ordinance language. Furthermore, the stated purpose of the
ordinance is to protect the airspace necessary for the use and operation of Easterwood Airport. Since the FAA
has determined that there is no hazard to air navigation in this case, the spirit of the local ordinance has been
fulfilled.
The following alternatives to the requested variance are possible:
None, if the variance is not granted, the project does not work economically.
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
The following special condition exists:
The size of the property and existing development surrounding the property make it impossible to move
materials to the upper floors of a 10-story building without the use of a crane. The helper crane is necessary
to erect and disassemble the temporary construction cranes previously approved.
Page 1 of 2
Page 23 of 54
The variance will not be contrary to public interest due to:
The requested waiver is not contrary to the public interest because the ordinance was established to protect
aviation and the public¶s interest in safe air travel. The FAA has determined that the Easterwood Field Airport
will not be negatively affected by the proposed intrusion into the horizontal surface. Now that the FAA has
made the determination that the building height is not unsafe to aviation, the public¶s interest will not be
negatively affected by the granting of the variance.
Page 2 of 2
Page 24 of 54
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-16022-OE
Page 1 of 6
Issued Date: 08/10/2022
Kristen Penrod
College Station Properties II KP6, LLC
506 W. 7th Street
Suite 1
Austin, TX 78701
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Mobile Crane Helper Crane N
Location:College City, TX
Latitude:30-37-09.92N NAD 83
Longitude:96-21-01.70W
Heights:344 feet site elevation (SE)
305 feet above ground level (AGL)
649 feet above mean sea level (AMSL)
This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not
be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met:
**SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION**
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power or the addition of other transmitters, requires separate notice to the FAA. This
determination includes all previously filed frequencies and power for this structure.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of a structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this temporary structure on the safe and efficient use of navigable
airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,
ordinance, or regulation of any Federal, State, or local government body.
Page 25 of 54
Page 2 of 6
A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office
if the structure is subject to the issuance of a Notice To Airman (NOTAM).
If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASW-16022-
OE
Signature Control No: 544566994-547492801 ( TMP )
Andrew Hollie
Specialist
Page 26 of 54
Page 3 of 6
Additional Condition(s) or Information for ASN 2022-ASW-16022-OE
Proposal: To construct and/or operate a(n) Mobile Crane to a height of 305 feet above ground level, 649 feet
above mean sea level.
Location: The structure will be located 1.98 nautical miles north of CLL Airport reference point.
Case Description for ASN 2022-ASW-16022-OE
Proposed four mobile crane points for helper crane used to erect cranes 2022-ASW-8460:8461-OE.
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (2) by 105 feet - a height that exceeds 544 feet above mean sea level within 1.98 nautical
miles of CLL.
Section 77.17 (a) (3) by 69 feet - a height that increases a minimum instrument flight altitude within a
terminal area (TERPS Criteria). The proposal would necessitate FROM 647 THROUGH 650 AMSL,
1A, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. INCREASE CIRCLING CAT B, ALL
PROCEDURES, FROM 880 TO 960, NEH 580 AMSL.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (a) Horizontal Surface by 179 feet as applied to CLL.
Preliminary FAA study indicates that the above mentioned structure would:
have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations.
not exceed traffic pattern airspace
have no physical or electromagnetic effect on the operation of air navigation and communications facilities.
have no effect on any airspace and routes used by the military.
Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical
operations or procedures because it will be temporary. The temporary structure would not be considered a
hazard to air navigation provided all of the conditions specified in this determination are strictly met.
As a condition to this Determination, the structure is to be marked/lighted in accordance with
FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters
3(Marked),4,5(Red),14(Temporary),&15.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that the FAA be notified 3 business days prior to the temporary structure being erected and again
when the structure is removed from the site. Notification should be made to this office through your registered
e-filing account. Notification is necessary so that aeronautical procedures can be temporarily modified to
accommodate the structure.
NOTIFICATION IS REQUIRED AGAIN THROUGH YOUR REGISTERED E-FILING ACCOUNT
WHEN THE TEMPORARY STRUCTURE IS REMOVED FROM THE SITE FOR NOTICE TO
AIRMAN (NOTAM) CANCELLATION.
Page 27 of 54
Page 4 of 6
It is required that the manager of EASTERWOOD FLD, (979) 775-9900 be notified at least 3 business days
prior to the temporary structure being erected and again when the structure is removed from the site.
It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at
least 3 business days prior to the temporary structure being erected and again when the structure is removed
from the site. Additionally, please provide contact information for the onsite operator in the event that Air
Traffic Control requires the temporary structure to be lowered immediately.
This determination expires on 02/10/2024 unless extended, revised, or terminated by the issuing office.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
You must contact the FAA as specified above to request a Flight Data Center (FDC) Notice to Airman
(NOTAM) in order to coordinate the following:
FROM 647 THROUGH 650 AMSL, 1A, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX.
INCREASE CIRCLING CAT B, ALL PROCEDURES, FROM 880 TO 960, NEH 580 AMSL.
You must also contact the FAA as specified above when the temporary structure has been removed from the
site to cancel the NOTAM(s). If it specifies above that you must contact the FAA via e-filing, please visit the
instructions link at oeaaa.faa.gov and review the NOTAM Efile Desk Reference Guide for assistance.
Page 28 of 54
Page 5 of 6
TOPO Map for ASN 2022-ASW-16022-OE
Page 29 of 54
Page 6 of 6
Sectional Map for ASN 2022-ASW-16022-OE
Page 30 of 54
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-16023-OE
Page 1 of 6
Issued Date: 08/10/2022
Kristen Penrod
College Station Properties II KP6, LLC
506 W. 7th Street
Suite 1
Austin, TX 78701
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Mobile Crane Helper Crane E
Location:College City, TX
Latitude:30-37-06.84N NAD 83
Longitude:96-20-58.89W
Heights:342 feet site elevation (SE)
305 feet above ground level (AGL)
647 feet above mean sea level (AMSL)
This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not
be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met:
**SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION**
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power or the addition of other transmitters, requires separate notice to the FAA. This
determination includes all previously filed frequencies and power for this structure.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of a structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this temporary structure on the safe and efficient use of navigable
airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,
ordinance, or regulation of any Federal, State, or local government body.
Page 31 of 54
Page 2 of 6
A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office
if the structure is subject to the issuance of a Notice To Airman (NOTAM).
If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASW-16023-
OE
Signature Control No: 544566997-547493030 ( TMP )
Andrew Hollie
Specialist
Page 32 of 54
Page 3 of 6
Additional Condition(s) or Information for ASN 2022-ASW-16023-OE
Proposal: To construct and/or operate a(n) Mobile Crane to a height of 305 feet above ground level, 647 feet
above mean sea level.
Location: The structure will be located 1.94 nautical miles north of CLL Airport reference point.
Case Description for ASN 2022-ASW-16023-OE
Proposed four mobile crane points for helper crane used to erect cranes 2022-ASW-8460:8461-OE.
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (2) by 105 feet - a height that exceeds 542 feet above mean sea level within 1.94 nautical
miles of CLL.
Section 77.17 (a) (3) by 67 feet - a height that increases a minimum instrument flight altitude within a
terminal area (TERPS Criteria). The proposal would necessitate FROM 647 THROUGH 650 AMSL,
1A, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. INCREASE CIRCLING CAT B, ALL
PROCEDURES, FROM 880 TO 960, NEH 580 AMSL.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (a) Horizontal Surface by 177 feet as applied to CLL.
Preliminary FAA study indicates that the above mentioned structure would:
have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations.
not exceed traffic pattern airspace
have no physical or electromagnetic effect on the operation of air navigation and communications facilities.
have no effect on any airspace and routes used by the military.
Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical
operations or procedures because it will be temporary. The temporary structure would not be considered a
hazard to air navigation provided all of the conditions specified in this determination are strictly met.
As a condition to this Determination, the structure is to be marked/lighted in accordance with
FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters
3(Marked),4,5(Red),14(Temporary),&15.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that the FAA be notified 3 business days prior to the temporary structure being erected and again
when the structure is removed from the site. Notification should be made to this office through your registered
e-filing account. Notification is necessary so that aeronautical procedures can be temporarily modified to
accommodate the structure.
NOTIFICATION IS REQUIRED AGAIN THROUGH YOUR REGISTERED E-FILING ACCOUNT
WHEN THE TEMPORARY STRUCTURE IS REMOVED FROM THE SITE FOR NOTICE TO
AIRMAN (NOTAM) CANCELLATION.
Page 33 of 54
Page 4 of 6
It is required that the manager of EASTERWOOD FLD, (979) 775-9900 be notified at least 3 business days
prior to the temporary structure being erected and again when the structure is removed from the site.
It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at
least 3 business days prior to the temporary structure being erected and again when the structure is removed
from the site. Additionally, please provide contact information for the onsite operator in the event that Air
Traffic Control requires the temporary structure to be lowered immediately.
This determination expires on 02/10/2024 unless extended, revised, or terminated by the issuing office.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
You must contact the FAA as specified above to request a Flight Data Center (FDC) Notice to Airman
(NOTAM) in order to coordinate the following:
FROM 647 THROUGH 650 AMSL, 1A, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX.
INCREASE CIRCLING CAT B, ALL PROCEDURES, FROM 880 TO 960, NEH 580 AMSL.
You must also contact the FAA as specified above when the temporary structure has been removed from the
site to cancel the NOTAM(s). If it specifies above that you must contact the FAA via e-filing, please visit the
instructions link at oeaaa.faa.gov and review the NOTAM Efile Desk Reference Guide for assistance.
Page 34 of 54
Page 5 of 6
TOPO Map for ASN 2022-ASW-16023-OE
Page 35 of 54
Page 6 of 6
Sectional Map for ASN 2022-ASW-16023-OE
Page 36 of 54
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-16024-OE
Page 1 of 6
Issued Date: 08/10/2022
Kristen Penrod
College Station Properties II KP6, LLC
506 W. 7th Street
Suite 1
Austin, TX 78701
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Mobile Crane Helper Crane S
Location:College City, TX
Latitude:30-37-04.90N NAD 83
Longitude:96-21-01.04W
Heights:342 feet site elevation (SE)
305 feet above ground level (AGL)
647 feet above mean sea level (AMSL)
This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not
be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met:
**SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION**
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power or the addition of other transmitters, requires separate notice to the FAA. This
determination includes all previously filed frequencies and power for this structure.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of a structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this temporary structure on the safe and efficient use of navigable
airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,
ordinance, or regulation of any Federal, State, or local government body.
Page 37 of 54
Page 2 of 6
A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office
if the structure is subject to the issuance of a Notice To Airman (NOTAM).
If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASW-16024-
OE
Signature Control No: 544566998-547493455 ( TMP )
Andrew Hollie
Specialist
Page 38 of 54
Page 3 of 6
Additional Condition(s) or Information for ASN 2022-ASW-16024-OE
Proposal: To construct and/or operate a(n) Mobile Crane to a height of 305 feet above ground level, 647 feet
above mean sea level.
Location: The structure will be located 1.9 nautical miles north of CLL Airport reference point.
Case Description for ASN 2022-ASW-16024-OE
Proposed four mobile crane points for helper crane used to erect cranes 2022-ASW-8460:8461-OE.
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (2) by 105 feet - a height that exceeds 542 feet above mean sea level within 1.9 nautical miles
of CLL.
Section 77.17 (a) (3) by 67 feet - a height that increases a minimum instrument flight altitude within a
terminal area (TERPS Criteria). The proposal would necessitate FROM 647 THROUGH 650 AMSL,
1A, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. INCREASE CIRCLING CAT B, ALL
PROCEDURES, FROM 880 TO 960, NEH 580 AMSL.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (a) Horizontal Surface by 177 feet as applied to CLL.
Preliminary FAA study indicates that the above mentioned structure would:
have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations.
not exceed traffic pattern airspace
have no physical or electromagnetic effect on the operation of air navigation and communications facilities.
have no effect on any airspace and routes used by the military.
Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical
operations or procedures because it will be temporary. The temporary structure would not be considered a
hazard to air navigation provided all of the conditions specified in this determination are strictly met.
As a condition to this Determination, the structure is to be marked/lighted in accordance with
FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters
3(Marked),4,5(Red),14(Temporary),&15.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that the FAA be notified 3 business days prior to the temporary structure being erected and again
when the structure is removed from the site. Notification should be made to this office through your registered
e-filing account. Notification is necessary so that aeronautical procedures can be temporarily modified to
accommodate the structure.
NOTIFICATION IS REQUIRED AGAIN THROUGH YOUR REGISTERED E-FILING ACCOUNT
WHEN THE TEMPORARY STRUCTURE IS REMOVED FROM THE SITE FOR NOTICE TO
AIRMAN (NOTAM) CANCELLATION.
Page 39 of 54
Page 4 of 6
It is required that the manager of EASTERWOOD FLD, (979) 775-9900 be notified at least 3 business days
prior to the temporary structure being erected and again when the structure is removed from the site.
It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at
least 3 business days prior to the temporary structure being erected and again when the structure is removed
from the site. Additionally, please provide contact information for the onsite operator in the event that Air
Traffic Control requires the temporary structure to be lowered immediately.
This determination expires on 02/10/2024 unless extended, revised, or terminated by the issuing office.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
You must contact the FAA as specified above to request a Flight Data Center (FDC) Notice to Airman
(NOTAM) in order to coordinate the following:
FROM 647 THROUGH 650 AMSL, 1A, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX.
INCREASE CIRCLING CAT B, ALL PROCEDURES, FROM 880 TO 960, NEH 580 AMSL.
You must also contact the FAA as specified above when the temporary structure has been removed from the
site to cancel the NOTAM(s). If it specifies above that you must contact the FAA via e-filing, please visit the
instructions link at oeaaa.faa.gov and review the NOTAM Efile Desk Reference Guide for assistance.
Page 40 of 54
Page 5 of 6
TOPO Map for ASN 2022-ASW-16024-OE
Page 41 of 54
Page 6 of 6
Sectional Map for ASN 2022-ASW-16024-OE
Page 42 of 54
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-16025-OE
Page 1 of 6
Issued Date: 08/10/2022
Kristen Penrod
College Station Properties II KP6, LLC
506 W. 7th Street
Suite 1
Austin, TX 78701
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Mobile Crane Helper Crane W
Location:College City, TX
Latitude:30-37-07.99N NAD 83
Longitude:96-21-03.85W
Heights:345 feet site elevation (SE)
305 feet above ground level (AGL)
650 feet above mean sea level (AMSL)
This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not
be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met:
**SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION**
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power or the addition of other transmitters, requires separate notice to the FAA. This
determination includes all previously filed frequencies and power for this structure.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of a structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this temporary structure on the safe and efficient use of navigable
airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,
ordinance, or regulation of any Federal, State, or local government body.
Page 43 of 54
Page 2 of 6
A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office
if the structure is subject to the issuance of a Notice To Airman (NOTAM).
If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASW-16025-
OE
Signature Control No: 544567000-547493721 ( TMP )
Andrew Hollie
Specialist
Page 44 of 54
Page 3 of 6
Additional Condition(s) or Information for ASN 2022-ASW-16025-OE
Proposal: To construct and/or operate a(n) Mobile Crane to a height of 305 feet above ground level, 650 feet
above mean sea level.
Location: The structure will be located 1.94 nautical miles north of CLL Airport reference point.
Case Description for ASN 2022-ASW-16025-OE
Proposed four mobile crane points for helper crane used to erect cranes 2022-ASW-8460:8461-OE.
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (2) by 105 feet - a height that exceeds 545 feet above mean sea level within 1.94 nautical
miles of CLL.
Section 77.17 (a) (3) by 70 feet - a height that increases a minimum instrument flight altitude within a
terminal area (TERPS Criteria). The proposal would necessitate FROM 647 THROUGH 650 AMSL,
1A, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. INCREASE CIRCLING CAT B, ALL
PROCEDURES, FROM 880 TO 960, NEH 580 AMSL.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (a) Horizontal Surface by 180 feet as applied to CLL.
Preliminary FAA study indicates that the above mentioned structure would:
have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations.
not exceed traffic pattern airspace
have no physical or electromagnetic effect on the operation of air navigation and communications facilities.
have no effect on any airspace and routes used by the military.
Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical
operations or procedures because it will be temporary. The temporary structure would not be considered a
hazard to air navigation provided all of the conditions specified in this determination are strictly met.
As a condition to this Determination, the structure is to be marked/lighted in accordance with
FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters
3(Marked),4,5(Red),14(Temporary),&15.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that the FAA be notified 3 business days prior to the temporary structure being erected and again
when the structure is removed from the site. Notification should be made to this office through your registered
e-filing account. Notification is necessary so that aeronautical procedures can be temporarily modified to
accommodate the structure.
NOTIFICATION IS REQUIRED AGAIN THROUGH YOUR REGISTERED E-FILING ACCOUNT
WHEN THE TEMPORARY STRUCTURE IS REMOVED FROM THE SITE FOR NOTICE TO
AIRMAN (NOTAM) CANCELLATION.
Page 45 of 54
Page 4 of 6
It is required that the manager of EASTERWOOD FLD, (979) 775-9900 be notified at least 3 business days
prior to the temporary structure being erected and again when the structure is removed from the site.
It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at
least 3 business days prior to the temporary structure being erected and again when the structure is removed
from the site. Additionally, please provide contact information for the onsite operator in the event that Air
Traffic Control requires the temporary structure to be lowered immediately.
This determination expires on 02/10/2024 unless extended, revised, or terminated by the issuing office.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
You must contact the FAA as specified above to request a Flight Data Center (FDC) Notice to Airman
(NOTAM) in order to coordinate the following:
FROM 647 THROUGH 650 AMSL, 1A, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX.
INCREASE CIRCLING CAT B, ALL PROCEDURES, FROM 880 TO 960, NEH 580 AMSL.
You must also contact the FAA as specified above when the temporary structure has been removed from the
site to cancel the NOTAM(s). If it specifies above that you must contact the FAA via e-filing, please visit the
instructions link at oeaaa.faa.gov and review the NOTAM Efile Desk Reference Guide for assistance.
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TOPO Map for ASN 2022-ASW-16025-OE
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Sectional Map for ASN 2022-ASW-16025-OE
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Easterwood Airport Management
1 McKenzie Terminal Blvd,
College Station, TX 77845
August 23, 2022
Anthony Armstrong, P.E., CFM,
Land Development Review Administrator
City Of College Station
1101 Texas Ave.
College Station, TX 77840
Re: 401 First Street Student Housing Project Height Variance
Dear Mr. Armstrong:
Easterwood Management has reviewed the application for a height variance for two
temporary construction cranes at 401 First Street in College Station.
After reviewing the FAA letters of “Determination of No Hazard to Air Navigation for
Temporary Structure”, Easterwood Airport Management has no objection to granting a
temporary height variance.
Respectfully,
Kevin Davis
Easterwood Airport Management
Page 49 of 54
8/26/22, 8:07 AM Mitchell & Morgan Mail - FW: [EXTERNAL] -RE: First Street Student Housing Project Crane Variance Letter (Case#AWV2022-000…
https://mail.google.com/mail/u/0/?ik=8720fb5dea&view=pt&search=all&permthid=thread-f%3A1742177549658965482%7Cmsg-f%3A1742177549658…1/3
Kerry Pillow <kerry@mitchellandmorgan.com>
FW: [EXTERNAL] -RE: First Street Student Housing Project Crane Variance Letter
(Case#AWV2022-000007)
1 message
Anthony Armstrong <aarmstrong@cstx.gov>Thu, Aug 25, 2022 at 6:26 PM
To: Veronica Morgan <v@mitchellandmorgan.com>, Kerry Pillow <kerry@mitchellandmorgan.com>
Works for me.
Anthony Armstrong, P.E., CFM
Land Development Review Administrator
Planning and Development Services
City of College Station
Work: (979) 764-3758
Email: aarmstrong@cstx.gov
From: Kevin Davis <KDavis@EasterwoodAirport.com>
Sent: Thursday, August 25, 2022 6:24 PM
To: Anthony Armstrong <aarmstrong@cstx.gov>; O'Neill, John <joneill@tamus.edu>
Cc: Molly Hitchcock <mhitchcock@cstx.gov>
Subject: Re: [EXTERNAL] -RE: First Street Student Housing Project Crane Variance Letter (Case#AWV2022-000007)
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender
verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email.
*****
Anthony,
Mitchell & Morgan has two separate permit requests for temporary construction cranes. The first request was in May for
two temporary cranes to construct the building. The second request which was recently submitted is for two temporary
cranes (Mitchell & Morgan is calling them helper cranes) which are needed to construct the two temporary cranes that
were requested in May. The attached letter is for the recently submitted permit for the “helper cranes”. My letter does not
refer to these cranes as “helper cranes” because it is not an official FAA term. Please let me know if you need any
additional information.
Respectfully,
Kevin Davis
From: Anthony Armstrong <aarmstrong@cstx.gov>
Sent: Thursday, August 25, 2022 4:46:48 PM
Page 50 of 54
8/26/22, 8:07 AM Mitchell & Morgan Mail - FW: [EXTERNAL] -RE: First Street Student Housing Project Crane Variance Letter (Case#AWV2022-000…
https://mail.google.com/mail/u/0/?ik=8720fb5dea&view=pt&search=all&permthid=thread-f%3A1742177549658965482%7Cmsg-f%3A1742177549658…2/3
To: O'Neill, John <joneill@tamus.edu>; Kevin Davis <KDavis@EasterwoodAirport.com>
Cc: Molly Hitchcock <mhitchcock@cstx.gov>
Subject: [EXTERNAL] -RE: First Street Student Housing Project Crane Variance Letter (Case#AWV2022-000007)
John/Kevin,
The title of the document says helper crane but the letter itself appears to represent the original request for the two on-
site temporary cranes? It may just be the wrong letter?
Thanks,
Anthony Armstrong, P.E., CFM
Land Development Review Administrator
Planning and Development Services
City of College Station
Work: (979) 764-3758
Email: aarmstrong@cstx.gov
From: O'Neill, John <joneill@tamus.edu>
Sent: Wednesday, August 24, 2022 2:26 PM
To: Anthony Armstrong <aarmstrong@cstx.gov>; Kevin Davis <KDavis@EasterwoodAirport.com>
Cc: Molly Hitchcock <mhitchcock@cstx.gov>
Subject: First Street Student Housing Project Crane Variance Letter (Case#AWV2022-000007)
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender
verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email.
*****
Anthony,
The Texas A&M University System (TAMUS) relies on the expertise of the Easterwood Airport Management (EAM) team
and the Federal Aviation Administration (FAA) to determine the impacts of height variance requests which would or could
affect the airport’s operations.
At this time, the EAM team has no objections to granting a temporary height variance, and the FAA has made
determinations that NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE is present for the two
temporary construction cranes located at 401 First Street in College Station (Case#AWV2022-000007).
In consultation with the EAM team, the TAMU System has no objections based on the determinations made by our
subject matter experts in the field.
Thanks and should you need anything else, please feel free to contact me,
Page 51 of 54
8/26/22, 8:07 AM Mitchell & Morgan Mail - FW: [EXTERNAL] -RE: First Street Student Housing Project Crane Variance Letter (Case#AWV2022-000…
https://mail.google.com/mail/u/0/?ik=8720fb5dea&view=pt&search=all&permthid=thread-f%3A1742177549658965482%7Cmsg-f%3A1742177549658…3/3
John
John J. O’Neill, MBA | Executive Director, Business Affairs
System Risk Management
joneill@tamus.edu
1262 TAMU | College Station, TX 77840-7896
Tel. 979.458.6234 | Fax 979.458.6247 | www.tamus.edu
Moore/Connally Building
301 Tarrow St., 5th Floor
College Station, TX 77840-7896
THE TEXAS A&M UNIVERSITY SYSTEM
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