HomeMy WebLinkAbout01/03/2023 - Agenda Packet - Zoning Board of AdjustmentsCollege Station, TX
Meeting Agenda
Zoning Board of Adjustment
1101 Texas Ave, College Station, TX 77840
Internet:https://us06web.zoom.us/j/88392317654
Phone: 888.475.4499 and Webinar ID: 88392317654
The City Council may or may not attend this meeting.
January 3, 2023 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. November 9, 2022
2.2. Discussion of Requested Administrative Adjustments:
AWV2022-000019 Accessory Building Addition; 101 Lee Ave.; 10% increase in the size of
an accessory structure; Request denied.
Sponsors: Jesse Dimeolo
2.3. Public Hearing, presentation, discussion, and possible action regarding a height variance to the
Airport Zoning Ordinance for the property located at Traditions Phase 23, Block 1, Lot 2, generally
located at 3939 Fujifilm Way. The property is zoned PDD Planned Development District. Case #
AWV2022-000021 - Temporary Mobile Crane
Sponsors: Robin Macias
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
6. TAMU System Documentation
2.4. Public Hearing, presentation, discussion, and possible action regarding a height variance to the
Airport Zoning Ordinance for the property located at Traditions Phase 23, Block 1, Lot 2, generally
located at 3939 Fujifilm Way. The property is zoned PDD Planned Development District. Case
# AWV2022-000022 - Temporary Tower Crane
Sponsors: Robin Macias
Attachments: 1. Staff Report
2. Vicinity Map, Aerial, and Small Area Map
3.Applicant's Supporting Information
Page 1 of 40
Zoning Board of Adjustment
Page 2 January 3, 2023
4. Federal Aviation Administration Documentation
5. Easterwood Airport Management Documentation
6. TAMU System Documentation
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 December 23, 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.”
Page 2 of 40
November 9, 2022 Zoning Board of Adjustments Minutes Page 1 of 4
Minutes
Zoning Board of Adjustment
Regular Meeting
November 9, 2022
MEMBERS PRESENT:Chairperson Fred Dupriest, Board Members Rachel Smith, James
Hutchins, and Roger Winckler
CITY STAFF PRESENT:Assistant Director of Planning and Development Services Molly
Hitchcock, Assistant City Attorney II Leslie Tipton-Whitten, Land Development Review
Administrator Anthony Armstrong, Staff Planners Robin Macias, Gabriel Schrum, and Matthew
Ellis, Technology Services Specialist Joel Lopez, and Staff Assistant II Crystal Fails
1.Call meeting to order.
Chairperson Dupriest called the meeting to order at 6:00 p.m.
2.AgendaItems
2.1.Consideration, discussion, and possible action to approve meeting minutes:
Board Member Smith motioned to approve the meeting minutes from September
14, 2022, Board Member Hutchins seconded the motion, the 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 Boyett Block 21,
Lots 4 - 6 and Boyett Block 5, Lots 6 & 7, generally located at 415 College Main. The
property is zoned NG-3 Residential Northgate. Case #AWV2022-000017
Staff Planner Macias presented the item to the Board and stated that the applicant is
requesting a 98-foot variance to allow for the construction of a multi-family residential
building, a 163-foot variance for the use of a tower crane for construction, and a 184-
foot variance for the use of a mobile crane for assembly and disassembly of the tower
crane.
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
Page 3 of 40
November 9, 2022 Zoning Board of Adjustments Minutes Page 2 of 4
the regulation.
Board Member Hutchins asked what the inquiry was that staff received.
Staff Planner Macias stated that it was a general inquiry about the project.
Kerry Pillow, Applicant, Mitchell & Morgan Engineering, presented to the Board
regarding the criteria for the variances they are requesting. She gave the history of the
project as well as information relating to the heights of the cranes.
Chairperson Dupriest opened the public hearing.
No one spoke.
Chairperson Dupriest closed the public hearing.
Board Member Winckler motioned to approve the variances as they 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, Board Member Hutchins
seconded the motion, the motion passed 4-0.
2.3.Public Hearing, presentation, discussion, and possible action regarding a height
variance to the Airport Zoning Ordinance for the property located at Boyett Block 5,
Lots 11-13, Lots 15-17, and 38’ of Lot 18, generally located at 315 College Main.
The property is zoned NG-1 Core Northgate. Case #AWV2022-000018
Administrator Armstrong presented the item to the Board and stated that the applicant is
requesting a 243-foot variance to allow for a temporary mobile crane helper that is
needed to dismantle the construction crane that is currently on-site.
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 how long this site has been under construction.
Administrator Armstrong stated that the site has been under construction for over a year.
Page 4 of 40
November 9, 2022 Zoning Board of Adjustments Minutes Page 3 of 4
Chairperson Dupriest opened the public hearing.
No one spoke.
Chairperson Dupriest closed the public hearing.
Board Member Hutchins 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, Board Member Smith
seconded the motion, the motion passed 4-0.
2.4.Public Hearing, presentation, discussion, and possible action regarding a height
variance to the Airport Zoning Ordinance for the property located at Tauber Addition
Block 5, Lot 2, generally located at 509 University Dr. The property is zoned NG-1
Core Northgate. Case #AWV2022-000016
Staff Planner Schrum presented the item to the Board and stated that the applicant is
requesting a 102-foot variance to allow for an increase in maximum height for a new
proposed mixed-use structure.
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.
Tommy Sinnott, Applicant, CA Ventures, spoke to the Board about the history of the
project and stated that they have received approval from all the applicable entities
regarding the variance request.
Chairperson Dupriest asked staff how the height of this building compares to The Stack
or the Lutheran building.
Administrator Armstrong stated that this building will be about 25 feet taller than those
two buildings.
Chairperson Dupriest voiced concerns about the fire trucks being able to serve this
building due to the height of the building.
Page 5 of 40
November 9, 2022 Zoning Board of Adjustments Minutes Page 4 of 4
Administrator Armstrong stated that the fire department will be able to handle any fire
needs that may occur.
Chairperson Dupriest opened the public hearing.
No one spoke.
Chairperson Dupriest closed the public hearing.
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, Board Member Winckler seconded
the motion, the motion passed 4-0.
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.
There was no discussion.
4.Adjourn.
The meeting adjourned at 6:24 p.m.
Approved: Attest:
______________________________ ________________________________
Fred Dupriest, Chairperson Crystal Fails, Board Secretary
Page 6 of 40
Airport Zoning Board of Adjustment Page 1 of 3
January 3, 2023
AIRPORT ZONING BOARD OF ADJUSTMENT
AIRPORT HEIGHT VARIANCE REQUEST
FOR
3939 FUJIFILM WAY
AWV2022-000021
REQUEST:Easterwood Airport Zoning Variance
LOCATION:3939 Fujifilm Way
Traditions Ph 23, Block 1, Lot 2
ZONING:PDD Planned Development District
PROPERTY OWNER:Fujifilm Diosynth Biotechnologies Texas LLC
APPLICANT:Fujifilm Diosynth Biotechnologies Texas LLC
PROJECT MANAGER:Robin Macias, Staff Planner
rmacias@cstx.gov
RECOMMENDATION:Approval
BACKGROUND: The applicant is proposing a new flagship building for Fujifilm Diosynth located
at 3939 Fujifilm Way. The building is proposed to be three stories tall, which is a
height allowed by right in proximity to the Easterwood Airport.
The construction of the building will require the use of an 86-foot tall temporary
mobile crane. The temporary mobile crane has a proposed height up to 418 feet
Above Mean Sea Level (AMSL).
This property lies within the approach slope of runway 11 of the Easterwood
Airport Zoning Map. This runway has an approach slope of 34:1. The applicant
is requesting a temporary height variance to penetrate the approach surface by
12 feet.
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.
Page 7 of 40
Airport Zoning Board of Adjustment Page 2 of 3
January 3, 2023
NOTIFICATIONS
Advertised Board Hearing Date: January 3, 2023
Property owner notices mailed: 3
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 PDD Planned Development District Undeveloped Property
East PDD Planned Development District Undeveloped Common Area
South PDD Planned Development
District Expansion of Fujifilm Diosynth
West PDD Planned Development District
Local Street
(Fujifilm Way)
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 the use of a mobile crane for assembly and disassembly of the tower crane.
The temporary mobile crane will have a height up to 418 feet Above Mean Sea Level. The Easterwood Airport
Management (EAM) team has no objections to granting a height variance for the temporary mobile crane. The
FAA has made the determination that No Hazard to Air Navigation is present for the building and has also made
the determination that No Hazard to Air Navigation for Temporary Structures is present for the construction
cranes. In consultation with the EAM team, the TAMU System has no objections to the granting of a variance for
the temporary mobile construction crane.
Allowing the temporary height encroachment for the mobile crane 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,
Page 8 of 40
Airport Zoning Board of Adjustment Page 3 of 3
January 3, 2023
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 TAMUS, 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
Page 9 of 40
Page 10 of 40
Page 11 of 40
Page 12 of 40
Name of Project: FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC - MOBILE CRANE
Address:3939 FUJIFILM WAY
Legal Description: FUJIFILM DIOSYNTH BIOTECHNOLOGIES TX CONDOS, UNITS 1-2 & COMMON
AREAS (SEE CAGI ACCT FOR IMPROVEMENT ONLY)
Applicant:Eugene Alsandor
Property Owner: FUJIFILM DIOSYNTH BIOTECHNOLOG
Applicable ordinance section being appealed/seeking waiver from:
Easterwood Field Airport Zoning Ordinance
The following specific variation to the ordinance is requested:
Mobile Crane Height - 86' AGL, 418' AMSL
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Cannot construct the building without the use of the crane.
The following alternatives to the requested variance are possible:
None, if the variance is not granted, the project does not work economically or logically. The constraints
around the building and the height of the building require that a crane be utilized to lift building materials and
equipment to the height of the upper floors.
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
The following special condition exists:
This is required to build the Flagship Building for Fujifilm.
Page 1 of 2
Page 13 of 40
The variance will not be contrary to public interest due to:
The economic impact of FUJIFILM Diosynth Biotechnologies’ new facility in College Station will be immense
for Texas. It is expected to create 150 new skilled jobs, it will also strengthen Texas’ expertise in biotech and
life sciences with what is expected to be the largest single-use CDMO production campus in North America.
The crane is also temporary and will be removed upon completion of the structure.
Page 2 of 2
Page 14 of 40
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-19972-OE
Prior Study No.
2022-ASW-19827-OE
Page 1 of 6
Issued Date: 11/22/2022
Jeremy Robinson
FUJIFILM Diosynth Biotechnologies Texas, LLC
3939 Biomedical Way
College Station, TX 77042
**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 BLDG 200 Buffer Annex -Crane
Location: College Station, TX
Latitude: 30-35-43.00N NAD 83
Longitude: 96-22-55.00W
Heights: 332 feet site elevation (SE)
86 feet above ground level (AGL)
418 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 15 of 40
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-19972-
OE
Signature Control No: 555491771-562354328 ( TMP )
Andrew Hollie
Specialist
Page 16 of 40
Page 3 of 6
Additional Condition(s) or Information for ASN 2022-ASW-19972-OE
Proposal: To construct and/or operate a(n) Mobile Crane to a height of 86 feet above ground level, 418 feet
above mean sea level.
Location: The structure will be located 1.09 nautical miles northwest of CLL Airport reference point.
Case Description for ASN 2022-ASW-19972-OE
Temporary Crane
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (3) by 20 feet - a height that increases a minimum instrument flight altitude within a terminal
area (TERPS Criteria). The proposal would necessitate At 418 AMSL, 4D, Easterwood FLD (CLL) College
Station, TX. Obstacle penetrates RWY 29 40:1 departure surface 20 feet. Qualifies as low, close-in penetration
with climb gradient termination altitude 200 feet or less above DER, requiring TAKEOFF MINIMUMS AND
(OBSTACLE) DEPARTURE PROCEDURES, AMDT 4A, TAKEOFF OBSTACLE NOTES: RWY 29,
Mobile Crane 3171 feet from departure end of runway, 384 feet right of centerline, 130 AGL, 462 AMSL,
NEH 398 AMSL (4D/2C)./// RNAV (GPS) RWY 11, AMDT 1D, increase LPV DA from 569 to 645, NEH
407 AMSL W/1A, No IFR Effect, obstacle penetrates 34:1 Visual Area Surface 12 feet, however, published
visibility is ¾ SM or greater, No IFR effect./// VOR OR TACAN RWY 11, AMDT 19E, obstacle penetrates
34:1 Visual Area Surface 12 feet, however, published visibility is ¾ SM or greater, No IFR effect.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (d) Approach Surface by 12 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.
Page 17 of 40
Page 4 of 6
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.
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 05/22/2024 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:
At 418 AMSL, 4D, Easterwood FLD (CLL) College Station, TX. Obstacle penetrates RWY 29 40:1 departure
surface 20 feet. Qualifies as low, close-in penetration with climb gradient termination altitude 200 feet or less
above DER, requiring TAKEOFF MINIMUMS AND (OBSTACLE) DEPARTURE PROCEDURES, AMDT
4A, TAKEOFF OBSTACLE NOTES: RWY 29, Mobile Crane 3171 feet from departure end of runway, 384
feet right of centerline, 130 AGL, 462 AMSL, NEH 398 AMSL (4D/2C)./// RNAV (GPS) RWY 11, AMDT
1D, increase LPV DA from 569 to 645, NEH 407 AMSL W/1A, No IFR Effect, obstacle penetrates 34:1 Visual
Area Surface 12 feet, however, published visibility is ¾ SM or greater, No IFR effect./// VOR OR TACAN
RWY 11, AMDT 19E, obstacle penetrates 34:1 Visual Area Surface 12 feet, however, published visibility is ¾
SM or greater, No IFR effect.
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 18 of 40
Page 5 of 6
TOPO Map for ASN 2022-ASW-19972-OE
Page 19 of 40
Page 6 of 6
Sectional Map for ASN 2022-ASW-19972-OE
Page 20 of 40
Easterwood Airport Management
1 McKenzie Terminal Blvd,
College Station, TX 77845
December 1, 2022
Anthony Armstrong, P.E., CFM,
Land Development Review Administrator
City Of College Station
1101 Texas Ave.
College Station, TX 77840
Re: 8800 Biomedical Way Construction Project - 2022-ASW-19972-OE
Dear Mr. Armstrong:
Easterwood Management has reviewed the application for a height variance for one
temporary construction crane at 8800 Biomedical Way as well as the FAA letter of
“Determination of No Hazard to Air Navigation for Temporary Structure.”
Easterwood Airport Management has no objection to granting this height variance, so long
as the builder complies with the conditions outlined in the FAA Letters.
Respectfully,
Kevin Davis
Easterwood Airport Management
Page 21 of 40
From:Anthony Armstrong
To:Robin Macias
Subject:FW: Construction crane height variance at 8800 Biomedical Way
Date:Tuesday, December 6, 2022 8:19:35 AM
Attachments:Height Variance Letter for 8800 Biomedical Way Letter to the City - Temporary Cranes.pdfMobile Crane BLDG 200 Buffer Annex - Crane - Approved Letter of Determination.pdf
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: Thursday, December 1, 2022 3:52 PM
To: Anthony Armstrong <aarmstrong@cstx.gov>; Molly Hitchcock <mhitchcock@cstx.gov>
Cc: Kevin Davis <KDavis@EasterwoodAirport.com>
Subject: Construction crane height variance at 8800 Biomedical Way
***** 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 building crane height variance, as the FAA
has made determinations that NO HAZARD TO AIR NAVIGATION is present for the construction crane
variance at 8800 Biomedical Way, as long as the builder complies with the conditions outlined in the
FAA Letters.
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, as long as the builder complies with
the conditions outlined in the FAA letters.
Thanks and should you need anything else, please feel free to contact me,
John
John J. O’Neill, MBA | Executive Director, Business Affairs
Page 22 of 40
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
Page 23 of 40
Airport Zoning Board of Adjustment Page 1 of 3
January 3, 2023
AIRPORT ZONING BOARD OF ADJUSTMENT
AIRPORT HEIGHT VARIANCE REQUEST
FOR
3939 FUJIFILM WAY
AWV2022-000022
REQUEST:Easterwood Airport Zoning Variance
LOCATION:3939 Fujifilm Way
Traditions Ph 23, Block 1, Lot 2
ZONING:PDD Planned Development District
PROPERTY OWNER:Fujifilm Diosynth Biotechnologies Texas LLC
APPLICANT:Fujifilm Diosynth Biotechnologies Texas LLC
PROJECT MANAGER:Robin Macias, Staff Planner
rmacias@cstx.gov
RECOMMENDATION:Approval
BACKGROUND: The applicant is proposing a new flagship building for Fujifilm Diosynth located
at 3939 Fujifilm Way. The building is proposed to be three stories tall, which is a
height allowed by right in proximity to the Easterwood Airport.
The construction of the building will require the use of a 72 foot tall temporary
tower crane. The temporary tower crane has a proposed height up to 404 feet
Above Mean Sea Level (AMSL).
This property lies within the approach slope of runway 11 of the Easterwood
Airport Zoning Map. This runway has an approach slope of 34:1. The applicant
is requesting a temporary height variance to penetrate the approach surface by
12 feet.
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.
Page 24 of 40
Airport Zoning Board of Adjustment Page 2 of 3
January 3, 2023
NOTIFICATIONS
Advertised Board Hearing Date: January 3, 2023
Property owner notices mailed: 3
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 PDD Planned Development District Undeveloped Property
East PDD Planned Development District Undeveloped Common Area
South PDD Planned Development District Expansion of Fujifilm Diosynth
West PDD Planned Development District
Local Street
(Fujifilm Way)
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 the use of a temporary tower crane to construct the building. The temporary
tower crane will have a height up to 404 feet Above Mean Sea Level. The Easterwood Airport Management
(EAM) team has no objections to granting a height variance for the temporary mobile crane. The FAA has made
the determination that No Hazard to Air Navigation is present for the building and has also made the
determination that No Hazard to Air Navigation for Temporary Structures is present for the construction crane.
In consultation with the EAM team, the TAMU System has no objections to the granting of a variance for the
temporary mobile construction crane.
Allowing the temporary height encroachment for the tower crane 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
Page 25 of 40
Airport Zoning Board of Adjustment Page 3 of 3
January 3, 2023
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 TAMUS, 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
Page 26 of 40
Page 27 of 40
Page 28 of 40
Page 29 of 40
Name of Project: FUJIFILM - TOWER CRANE
Address:3939 FUJIFILM WAY
Legal Description: FUJIFILM DIOSYNTH BIOTECHNOLOGIES TX CONDOS, UNITS 1-2 & COMMON
AREAS (SEE CAGI ACCT FOR IMPROVEMENT ONLY)
Applicant:Eugene Alsandor
Property Owner: FUJIFILM DIOSYNTH BIOTECHNOLOG
Applicable ordinance section being appealed/seeking waiver from:
Easterwood Field Airport Zoning Ordinance
The following specific variation to the ordinance is requested:
Tower Crane Height - 89 ft AGL, 421 ft AMSL
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Cannot construct the building without the use of the crane.
The following alternatives to the requested variance are possible:
None, if the variance is not granted, the project does not work economically or logically. The constraints
around the building and the height of the building require that a crane be utilized to lift building materials and
equipment to the height of the upper floors of the building.
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
The following special condition exists:
This is required to build the Flagship Building for Fujifilm.
Page 1 of 2
Page 30 of 40
The variance will not be contrary to public interest due to:
The economic impact of FUJIFILM Diosynth Biotechnologies’ new facility in College Station will be immense
for Texas. It is expected to create 150 new skilled jobs, it will also strengthen Texas’ expertise in biotech and
life sciences with what is expected to be the largest single-use CDMO production campus in North America.
The crane is also temporary and will be removed upon completion of the structure.
Page 2 of 2
Page 31 of 40
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-22772-OE
Prior Study No.
2022-ASW-19476-OE
Page 1 of 7
Issued Date: 12/13/2022
Jeremy Robinson
FUJIFILM DIOSYNTH BIOTECHNOLOGIES
3939 Biomedical Way
College Station, TX 77845
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION
FOR TEMPORARY STRUCTURE** (REVISED)
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: Crane Tower Crane
Location: College Station, TX
Latitude: 30-35-41.53N NAD 83
Longitude: 96-22-49.84W
Heights: 332 feet site elevation (SE)
72 feet above ground level (AGL)
404 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 32 of 40
Page 2 of 7
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-22772-
OE
Signature Control No: 562186738-564713510 ( TMP )
Andrew Hollie
Specialist
Page 33 of 40
Page 3 of 7
Additional Condition(s) or Information for ASN 2022-ASW-22772-OE
Proposal: To construct and/or operate a(n) Crane to a height of 72 feet above ground level, 404 feet above
mean sea level.
Location: The structure will be located 1.02 nautical miles northwest of CLL Airport reference point.
Case Description for ASN 2022-ASW-22772-OE
Notification for temporary tower crane to be used during construction of building at the FUJIFILM
Diosynth campus. The building has not been determined yet and was submitted under NOTAMs 2022-
ASW-16619-16623-OE
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (3) by 18 feet - a height that increases a minimum instrument flight altitude within a terminal
area (TERPS Criteria). The proposal would necessitate AT 404 (NEGOTIATED) AMSL, 4D, EASTERWOOD
FLD (CLL), COLLEGE STATION, TX. OBSTACLE PENETRATES RWY 29 40:1 DEPARTURE
SURFACE 18 FEET. QUALIFIES AS LOW, CLOSE-IN PENETRATION WITH CLIMB GRADIENT
TERMINATION ALTITUDE 200 FEET OR LESS ABOVE DER, REQUIRING TAKE-OFF MINIMUM
AND (OBSTACLE) DEPARTURE PROCEDURES AMDT 4A, NOTE: RWY 29, CRANE 2697 FEET FROM
DEPARTURE END OF RUNWAY, 389 FEET RIGHT OF CENTERLINE, 72 AGL, 404 AMSL, NEH 386
AMSL. ///RNAV (GPS) RWY 11 AMDT 1D, INCREASE LPV DA FROM 569 TO 645 (MISSED PEN).
W/1A, FROM 569 TO 597 (MISSED PEN), NEH 392 AMSL (4D/1A). ///OBSTACLE PENETRATES 34:1
VISUAL AREA SURFACE 12 FEET, HOWEVER, PUBLISHED VISIBILITY IS GREATER THAN ¾ SM.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (d) Approach Surface by 12 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.
As a condition to this determination, the temporary structure must be lowered to the ground when not in use and
during the hours between sunset and sunrise.
Page 34 of 40
Page 4 of 7
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.
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 06/13/2024 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:
AT 404 (NEGOTIATED) AMSL, 4D, EASTERWOOD FLD (CLL), COLLEGE STATION, TX. OBSTACLE
PENETRATES RWY 29 40:1 DEPARTURE SURFACE 18 FEET. QUALIFIES AS LOW, CLOSE-IN
PENETRATION WITH CLIMB GRADIENT TERMINATION ALTITUDE 200 FEET OR LESS ABOVE
DER, REQUIRING TAKE-OFF MINIMUM AND (OBSTACLE) DEPARTURE PROCEDURES AMDT 4A,
NOTE: RWY 29, CRANE 2697 FEET FROM DEPARTURE END OF RUNWAY, 389 FEET RIGHT OF
CENTERLINE, 72 AGL, 404 AMSL, NEH 386 AMSL. ///RNAV (GPS) RWY 11 AMDT 1D, INCREASE
LPV DA FROM 569 TO 645 (MISSED PEN). W/1A, FROM 569 TO 597 (MISSED PEN), NEH 392
AMSL (4D/1A). ///OBSTACLE PENETRATES 34:1 VISUAL AREA SURFACE 12 FEET, HOWEVER,
PUBLISHED VISIBILITY IS GREATER THAN ¾ SM.
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 35 of 40
Page 5 of 7
Additional information for ASN 2022-ASW-22772-OE
Revised to a lower AGL.
Page 36 of 40
Page 6 of 7
TOPO Map for ASN 2022-ASW-22772-OE
Page 37 of 40
Page 7 of 7
Sectional Map for ASN 2022-ASW-22772-OE
Page 38 of 40
Easterwood Airport Management
1 McKenzie Terminal Blvd,
College Station, TX 77845
December 15, 2022
Anthony Armstrong, P.E., CFM,
Land Development Review Administrator
City Of College Station
1101 Texas Ave.
College Station, TX 77840
Re: 8800 Biomedical Way Construction Project – Tower Crane 2022-ASW-22772-OE
Dear Mr. Armstrong:
Easterwood Management has reviewed the application for a height variance for one
temporary tower crane at 8800 Biomedical Way as well as the FAA letter of “Determination
of No Hazard to Air Navigation for Temporary Structure.”
Easterwood Airport Management has no objection to granting this height variance, so long
as the builder complies with the conditions outlined in the FAA Letters.
Respectfully,
Kevin Davis
Easterwood Airport Management
Page 39 of 40
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