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HomeMy WebLinkAbout09/02/2025 - Regular Agenda Packet - Zoning Board of Adjustments College Station, TX Meeting Agenda Zoning Board of Adjustment 1101 Texas Avenue, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 227 131 303 800 8 | Passcode: W9gv7VC2 Phone: 833-240-7855 | Phone Conference ID: 295 370 522# The City Council may or may not attend this meeting. September 2, 2025 6:00 PM 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 thirdparty 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. August 5 2025 2.2. Public Hearing, presentation, discussion, and possible action regarding a front setback variance to the Unified Development Ordinance Section 5.2.A. ‘Dimensional Standards for Non-Clustered and Clustered Developments’, for the property located at Southwood Valley Phase 8A, Block 29, Lot 32 generally located at 3011 Bluestem Drive. The subject property is zoned GS General Suburban. Case #AWV2025-000027 Sponsors: Jeff Howell Attachments: 1. Staff Report 2. Aerial and Small Area Map 3. Applicant's Supporting Information 4. Applicant's Exhibit 2.3. Public Hearing, presentation, discussion, and possible action regarding a height variance to the Airport Zoning Ordinance for the property located at Tauber, Block 1, Lot 4 Thru 9 & Associated BPP being 1.28 Acres generally located at 550 Cross Street. The property is zoned NG-1 Core Northgate. Case #AWV2025-000094 Sponsors: Gabriel Schrum Attachments: 1. Staff Report 2. Aerial and SAM 3. Easterwood Airport Management Documentation 4. TAMU System Documentation 5. Federal Aviation Administration Documentation for Helper Crane 6. Exhibit for Cranes 2.4. Public Hearing, presentation, discussion, and possible action regarding a height variance to the Airport Zoning Ordinance for the property located at 100 Church Ave Subdivision Block 1, Lot 1 Page 1 of 54 Zoning Board of Adjustment Page 2 September 2, 2025 generally located at 100 Church Avenue. The property is zoned NG-1 Core Northgate. Case #AWV2025-000092 Sponsors: Robin Macias Attachments: 1. Staff Report 2. Small Area Map and Aerial 3. Federal Aviation Administration Documentation 4. Federal Aviation Administration Documentation 5. Easterwood Airport Management Documentation 6. TAMU System Documentation 7. Building Elevations 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 August 26, 2025 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 54 August 5, 2025 Zoning Board of Adjustments Minutes Page 1 of 3 Minutes Zoning Board of Adjustments Regular Meeting August 5, 2025 MEMBERS PRESENT: Chairperson Bill Lartigue, Board Members Justin Collins, Michael Martinez, and Valen Cepak MEMBERS ABSENT: Board Members Jaymeson Hacker and James Hutchins CITY STAFF PRESENT: Assistant Director of Planning & Development Services Molly Hitchcock, Senior Planner Jeff Howell, Assistant City Attorney David Purnell, Lead Technology Service Specialist Lillian Wells, and Administrative Support Specialist Kristen Hejny 1. Call meeting to order. Chairperson Lartigue called the meeting to order at 6:00 p.m. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes: • July 1, 2025 Board Member Collins moved to approve the meeting minutes from July 1, 2025, Board Member Cepak seconded the motion, the motion passed 4-0. 2.2. Public Hearing, presentation, discussion, and possible action regarding a front setback variance to the Unified Development Ordinance Section 5.2.A. ‘Dimensional Standards for Non-Clustered and Clustered Developments’, for the property located at Sweet Briar Subdivision, Block 1, Lot 21 generally located at 1004 Rose Circle. The subject property is zoned GS General Suburban. Case #AWV2025-000040 Staff Planner Segraves presented the item to the Board and stated that the applicant is requesting a 6.5-foot reduction to the 7.5-foot side setback. Staff recommended denial of the request due to the fact that it does not meet the specified criteria. Specifically: 1. There are not extraordinary conditions affecting the land, depriving the owner of its use. 2. The granting of a variance is not necessary for the enjoyment of a substantial property right. 3. The hardship is a result of the applicant’s own actions. 4. The application of the UDO would not effectively prohibit or Page 3 of 54 August 5, 2025 Zoning Board of Adjustments Minutes Page 2 of 3 unreasonably restrict the utilization of the property. Board Member Collins asked if the property was built today to current Unified Development Ordinance (UDO) standards, would a variance be needed. Staff Planner Seagraves clarified that the current UDO standards allow driveways and parking areas in the setbacks, so a variance is not needed for that. Board Member Cepak asked for clarification that the distance between the structure and property line would be one foot. Staff Planner Seagraves confirmed that the distance between the property line and the structure would be one foot. Board Member Cepak asked if the neighbor to the right expressed any concerns about the carport. Staff Planner Seagraves stated that the property owner to the right has not expressed any concerns. Terry Creasy and Luisa Deckard, property owners, 1004 Rose Circle, College Station, were available via Teams and requested the variance to protect their vehicles from future hailstorms. Chairperson Lartigue opened the public hearing. James Worley, Sweet Briar Subdivision, College Station, spoke in favor of the variance request. Mark Troy, Sweet Briar Subdivision, College Station, spoke in favor of the variance request. Mark Troy, Sweet Briar Subdivision, College Station, spoke in favor of the variance request. Chairperson Lartigue closed the public hearing. Board Member Martinez stated that the Board must uphold UDO standards. Board Member Cepak stated that the variance does not meet the necessary nine criteria. Board Member Collins motioned to deny the variance as it will not be contrary to the public interest, and that the approval was within the Zoning Board of Adjustment’s jurisdiction, Board Member Martinez seconded the motion, the motion to deny did not take action by a vote of 3-1 with Board Member Cepak voting in the negative. Assistant City Attorney David Purnell addressed the Board stating that since a negative motion has been made by the Board, the vote requires a vote of 4-0 to take action. The Page 4 of 54 August 5, 2025 Zoning Board of Adjustments Minutes Page 3 of 3 Board could also take a unanimous vote on a positive motion to grant the variance. There was general discussion amongst the Board. Board Member Cepak motioned to deny the variance as it will not be contrary to the public interest, and that the approval was within the Zoning Board of Adjustment’s jurisdiction, Board Member Collins seconded the motion, the motion to deny passed 4-0, the variance was denied. 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 on future agenda items. 4. Adjourn. The meeting adjourned at 6:22 p.m. Approved: Attest: ______________________________ ________________________________ Bill Lartigue, Chairperson Kristen Hejny, Acting Board Secretary Page 5 of 54 Zoning Board of Adjustment Page 1 of 5 September 2, 2025 VARIANCE REQUEST FOR 3011 Bluestem Drive AWV2025-000027 REQUEST: A 25-foot reduction to the minimum 25-foot front setback as set forth in Section 5.2.A. ‘Dimensional Standards for Non-Clustered and Clustered Developments’ LOCATION: 3011 Bluestem Drive Southwood Valley Phase 8A, Block 29, Lot 32 ZONING: GS General Suburban PROPERTY OWNER: Cynthia Ripplinger APPLICANT: Reach Design and Construction LLC PROJECT MANAGER: Jeff Howell, Senior Planner jhowell@cstx.gov BACKGROUND: The existing 294 sq. ft. carport encroaches into the front setback by 25-feet, as the entire accessory structure is located in the front yard and past the front property line. The applicant is seeking to allow for the carport, which has already been constructed to remain. The improvements require a variance to Section 5.2.A. ‘Dimensional Standards for Non-Clustered and Clustered Developments’ and would be a reduction of 25-feet into the required 25-foot front setback. Should the variance to encroach into the entire front setback be granted, the structure will still require a License to Encroach into a public right-of-way as the existing carport was constructed past the private property line, or the portion that extends off of private property will have to be removed. The License to Encroach has not been vetted, but it appears staff would not be in support of this request as there is an existing gas line in the area. It is worth noting that with the proposed improvements, it appears the development would be within the maximum 55% of Impervious Cover allowed by the Unified Development Ordinance, but additional information would be required to confirm this during the building permit process. If the Impervious Page 6 of 54 Zoning Board of Adjustment Page 2 of 5 September 2, 2025 Cover requirement is not met, site modifications or an additional variance would be required at that time. APPLICABLE ORDINANCE SECTION: UDO Section 5.2.A. ‘Dimensional Standards for Non-Clustered and Clustered Developments’ ORDINANCE INTENT: UDO Section 5.2.A. ‘Dimensional Standards for Non-Clustered and Clustered Developments’ sets minimum setback standards that allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. RECOMMENDATION: Staff recommends denial of the variance request. NOTIFICATIONS Advertised Board Hearing Date: September 2, 2025 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: N/A Property owner notices mailed: 35 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 GS General Suburban Single-Family Dwelling North GS General Suburban Single-Family Dwelling South GS General Suburban Single-Family Dwelling East GS General Suburban Single-Family Dwelling West GS General Suburban Single-Family Dwelling and Bluestem Drive ROW Page 7 of 54 Zoning Board of Adjustment Page 3 of 5 September 2, 2025 PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 60 feet of frontage on Bluestem Drive. 2. Access: The subject property takes access from Bluestem Drive. 3. Topography and vegetation: The subject property is relatively flat with several existing trees. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. REVIEW CRITERIA According to Unified Development Ordinance Section 3.16.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 that no extraordinary or special condition exists that would deprive the applicant a reasonable use of the land. The applicant has stated that “the homes were built in such a way no permanent structure could meet the setback requirements and provide shelter for vehicles.” The lots within this subdivision were platted in 1976 and all appear to be meeting the required setbacks. While there is no existing garage, it appears there are other existing homes along Bluestem that also do not have garages and are able to accomodate parking in the driveway. Based on the proposal, some of the property still remains developable and it may be possible for a carport to be accommodated according to standards elsewhere on the property in order to meet the setback and size requirements of the UDO while remaining outside of the right of way. Due to the configuration of the property limited space is available outside of the front setback, however there is room in the rear of the property to accommodate an accessory structure. 2. Other property: That these conditions do not generally apply to other property in the vicinity. There are no special conditions identified that would deprive the applicant of a reasonable use of the land. With the size of this lot, there is limited buildable area outside of the front setback in which the carport can be built without a variance. However, the rear of the property may be developed and access may be available along the side of the property. Other homes in the subdivision are built meeting the setback requirements, include driveway parking, and no other detached carports exist in the front setback along Bluestem Drive. 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. While the existing dwelling (1,378 sq. ft.) was built in 1978, if the proposed variance is not granted, the applicant can still build an accessory structure or addition outside setbacks and be in compliance with Section 5.2.A ‘Dimensional Standards for Non-Clustered and Clustered Developments’ of the UDO. If the variance is not granted, the applicant will still enjoy the property right of using the property as a single family home with parking. Page 8 of 54 Zoning Board of Adjustment Page 4 of 5 September 2, 2025 4. Hardships: That the hardship is not the result of the applicant’s own actions. The Zoning Board of Adjustment may consider the following as grounds to determine whether compliance with this ordinance as applied to a structure that is the subject of the variance would result in unnecessary hardship: 1) The financial cost of compliance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the city under Chapter 26 of the Texas Tax Code; 2) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; 3) Compliance would result in the structure not being in compliance with a requirement of a City of College Station ordinance, building code, or other requirement; 4) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or 5) The City considers the structure to be a nonconforming structure. 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 is seeking a variance to the front setback required for a carport which was constructed without an approved building permit. If the applicant had submitted plans for the structure prior to construction, the applicant would have been notified that the proposal did not meet the necessary requirements and would have had the opportunity to modify it to be in compliance. The applicant has stated that the “structure is currently built” and “the client needed to make capital improvements to the property at the time of purchase. To remove the structure would alter the appraisal and not meet the needed threshold as was fulfilled at title.” Also the applicant indicated “the structure in question was constructed under the belief that the adjacent roadway qualified as a side street, given that it does not accommodate through traffic” and they “placed the structure 11 feet from the road”. Setbacks are measured from the property line, not at the curb. Based on the survey, the property line is located over 10’ from behind the curb. Due to the configuration of the property limited space is available outside of the front setback for a carport to be located in the front of the property. However, there is room in the rear of the property to accommodate an accessory structure. Based on the proposal, it appears that could be redesigned in the rear of the property in order to meet the setback requirements of the UDO. 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 platted lots within the Southwood Valley Phase 8A subdivision. 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. 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. Page 9 of 54 Zoning Board of Adjustment Page 5 of 5 September 2, 2025 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 residential lot. 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 may 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. Based on the survey provided, a portion of the existing structure is located in the right-of-way and even if granted a variance, would require approval of a License to Encroach into the public right-of-way in order to remain in the current location. ALTERNATIVES The applicant is proposing to maintain the existing construction. The applicant could demolish the structure or relocate it with approved plans that meet setback (and other) adopted standards. This would help alleviate the encroachment completely or help with the severity of it in this case. The applicant has stated that, “The carport has been installed for 5 months. It did help the owners daughter not receive hail damage to her car earlier this month. It has not altered any trash service, city access from any utility provider, has not altered the lives of any neighbors in any way other than positively.” As the structure exists today, there is a substantial encroachment into the front setback. Should a variance be granted, there is also a portion of the structure that will need to be modified or receive a license to encroach due to the existing encroachment into the public right-of-way of Bluestem Drive. STAFF RECOMMENDATION Due to the lack of meeting all of the required criteria, including having a special condition that has resulted in a hardship on the property, Staff recommends denial of the variance request. ATTACHMENTS 1. Aerial and Small Area Map 2. Applicant’s Supporting Information 3. Applicant’s Exhibit Page 10 of 54 Page 11 of 54 Page 12 of 54 Name of Project: CAR PORT EXCEEDING SET BACK (AWV2025-000027) Address: 3011 BLUESTEM DR Legal Description: SOUTHWOOD VALLEY PH 8A, BLOCK 29, LOT 32 Applicant: REACH DESIGN AND CONSTRUCTION LLC Property Owner: FRUIT COUNTY INVESTMENTS LLC Applicable ordinance section being appealed/seeking waiver from: N/A The following specific variation to the ordinance is requested: N/A The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: The structure is currently built. Plans for the structure have been submitted. The client was wanting a place for her daughter to park I read the code as a side street which I thought it was as it is not a main road through the neighbourhood. Additionally, the client needed to make capital improvements to the property at the time of purchase. To remove the structure would alter the appraisal and not meet the needed threshold as was fulfilled at title. The following alternatives to the requested variance are possible: N/A APPEAL/WAIVER APPLICATION SUPPORTING INFORMATION The variance will not be contrary to public interest due to: The carport has been installed for 5 months. It did help the owners daughter not receive hail damage to her car earlier this month. It has not altered any trash service, city access from any utility provider, has not altered the lives of any neighbours in any way other than positively. It has given legitimate reason for property value increase unlike everyone else getting tax raises without any property value additions. The following special condition exists: The homes were built in such a way no permanent structure could meet the set back requirements and provide shelter for vehicles. Page 1 of 2 Page 13 of 54 Page 2 of 2 Page 14 of 54 To Whom It May Concern, We are requesting a variance from the 25-foot setback ordinance. The structure in question was constructed under the belief that the adjacent roadway qualified as a side street, given that it does not accommodate through traffic. Based on this understanding, we adhered to the 10-foot setback requirement typically applied to side streets and placed the structure 11 feet from the road. The structure is a carport with no electrical or plumbing installations, intended to provide covered parking for the homeowner’s daughter, who is currently attending graduate school. Additionally, the client needed to make capital improvements to the property to comply with the requirements of a 1031 exchange at closing. Please do not hesitate to contact me if any further clarification is needed. Thank you for your time and consideration. Sincerely, Caleb Page 15 of 54 Page 16 of 54 AIRPORT ZONING BOARD OF ADJUSTMENT AIRPORT HEIGHT VARIANCE REQUEST FOR 550 Cross St (Previously 311 Stasney St) AWV2025-00094 REQUEST: Height variance to the Easterwood Airport Zoning Ordinance for a helper crane. LOCATION: 550 Cross St (Previously 311 Stasney st) Tauber, Block 1, Lot 4 Thru 9, & Associated BPP, 1.28 Acres ZONING: NG-1 Core Northgate PROPERTY OWNER: 2013 STASNEY STREET LP APPLICANT: Quiddity Engineering PROJECT MANAGER: Gabriel Schrum, Staff Planner gschrum@cstx.gov RECOMMENDATION: Approval BACKGROUND: The applicant has been coordinating a new mixed use high-rise development on this lot located at the corner of Stasney Street, Cross Street, and Tauber Street. The building is anticipated to have approximately 24 stories, with a parking garage and residential units similar to the character of other developments in the area. There was a previous height variance that was approved at this site for the tower crane and structure. It was stated at that time, that an additional application, being this helper crane would be coming foward. This height variance for the Helper Crane will allow for the erection of the building and the tower crane needed for construction. The helper crane's height is anticipated to be 298' Above Ground Level (AGL), or 648' Above Mean Sea Level (AMSL) an approximately 177.4' allowance beyond the maximum permitted height threshold of 470.6' Above Mean Sea Level(AMSL). Airport Zoning Board of Adjustment September 2, 2025 Page 1 of 3 Page 17 of 54 Airport Zoning Board of Adjustment September 2, 2025 Page 2 of 3 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 2, 2025 Property owner notices mailed: Contacts in support: Contacts in opposition: Inquiry contacts: 13 None at time of staff report None at time of staff report None at time of staff report ZONING AND LAND USES Direction Zoning Land Use North NG-3 Residential Northgate Multi-Family East NG-3 Residential Northgate Stasney Street (Right-of-Way) South NG-1 Core Northgate Cross Street (Right-of-Way) West NG-1 Core Northgate Tauber Street (Right-of-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 accordancewith the spirit of the regulation. The boardmay 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 helper crane to go up to 648' AMSL or 298' AGL, a variance request of 177.4 feet. Page 18 of 54 Airport Zoning Board of Adjustment September 2, 2025 Page 3 of 3 The FAA has made the determination that No Hazard to Air Navigation is present for the helper crane. In consultation with the EAM team, the TAMU System has no objections to the granting of a variance for the use of the helper crane. Allowing the height encroachment for the helper crane would result in substantial justice being done. The relief wouldnot be contrary to the public interest as it has been deemed acceptable by the FAA, Easterwood 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 the FAA, 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.Aerial and Small Area Map 2.Easterwood Airport Management Documentation 3.TAMU System Documentation 4.Federal Aviation Administration Documentation for Mobile Crane 5.Exhibit Page 19 of 54 Page 20 of 54 Page 21 of 54 Easterwood Airport Management 1 McKenzie Terminal Blvd, College Station, TX 77845 August 17, 2025 Anthony Armstrong, P.E., CFM, Land Development Review Administrator City Of College Station 1101 Texas Ave. College Station, TX 77840 Re: Helper Crane at 311 Stasney Dear Mr. Armstrong: Easterwood Airport Management has reviewed the application requesting a height variance for a 298-foot-tall temporary helper crane at 311 Stasney. We have also reviewed the FAA’s "Determination of No Hazard to Air Navigation" for the temporary structure. Easterwood Airport Management has no objection to the approval of these height variances, provided that all conditions specified in the FAA determinations are fully met by the builder. Respectfully, Kevin Davis Easterwood Airport Management Page 22 of 54 From:Robin Macias To:Gabriel Schrum Subject:FW: 311 Stasney St Helper Crane - Hight Variance with Recommendation Letter Date:Wednesday, August 20, 2025 2:00:01 PM Attachments:Height Variance Letter for 311 Stasney Student Housing Helper Crane.pdf letter_654147665.pdf     From: O'Neill, John <joneill@tamus.edu> Sent: Wednesday, August 20, 2025 1:57 PM To: Anthony Armstrong <aarmstrong@cstx.gov>; Robin Macias <rmacias@cstx.gov> Cc: Duron, Joseph <Duron@tamus.edu> Subject: 311 Stasney St Helper Crane - Hight Variance with Recommendation Letter   ***** 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 orsensitive 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. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ CGBANNERINDICATOR 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 Easterwood Airport Management team has no objections to granting a 298- foot-tall temporary helper crane proposed for the student housing project at 311 Stasney St, so long as the builder complies with the conditions as outlined in the FAA Letter (see attached).  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 all conditions, as outlined, have been met. Thanks and should you need anything else, please feel free to contact me, John John J. O’Neill, MBA | Executive Director Business Affairs 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 Page 23 of 54 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2025-ASW-2590-OE Page 1 of 6 Issued Date: 04/17/2025 Dylan Lambur Subtext Living 3000 Locust Street St. Louis, MO 63103 **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 The Verve Mobile Helper Crane Location:College Station, TX Latitude:30-37-15.36N NAD 83 Longitude:96-20-44.64W Heights:350 feet site elevation (SE) 298 feet above ground level (AGL) 648 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, 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 24 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 Airmen (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 2025-ASW-2590-OE Signature Control No: 648936366-654147665 ( TMP ) Andrew Hollie Specialist Page 25 of 54 Page 3 of 6 Additional Condition(s) or Information for ASN 2025-ASW-2590-OE Proposal: To construct and/or operate a(n) Mobile Crane to a height of 298 feet above ground level, 648 feet above mean sea level. Location: The structure will be located 2.15 nautical miles northeast of CLL Airport reference point. Case Description for ASN 2025-ASW-2590-OE Crane needed to assist in the construction of a proposed building in College Station, TX. Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any: Section 77.17 (a) (2) by 98 feet - a height that exceeds 550 feet above mean sea level within 2.15 nautical miles of CLL. Section 77.17 (a) (3) by 68 feet - a height that increases a minimum instrument flight altitude within a terminal area (TERPS Criteria). The proposal would necessitate At 648 AMSL,1A, Easterwood FLD (CLL), College Station, TX. RNAV (GPS) RWY 17, AMDT 1C, ILS OR LOC RWY 35, AMDT 14B, RNAV (GPS) RWY 11, AMDT 1D, RNAV (GPS) RWY 29, AMDT 1B, RNAV (GPS) RWY 35, AMDT 1C, VOR RWY 29, AMDT 14A, VOR OR TACAN RWY 11, AMDT 19F, increase Circling CAT B MDA from 880 to 960, NEH 580 AMSL. /// LOC BC RWY 17, AMDT 8A, increase Circling CAT B MDA from 940 to 960, NEH 640 AMSL. Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating: Section 77.19 (b) Conical Surface by 168 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 Change 1, 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 26 of 54 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 AIRMEN (NOTAM) CANCELLATION. It is required that the manager of EASTERWOOD FLD, (979) 775-9901 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 10/17/2026 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 Airmen (NOTAM) in order to coordinate the following: At 648 AMSL,1A, Easterwood FLD (CLL), College Station, TX. RNAV (GPS) RWY 17, AMDT 1C, ILS OR LOC RWY 35, AMDT 14B, RNAV (GPS) RWY 11, AMDT 1D, RNAV (GPS) RWY 29, AMDT 1B, RNAV (GPS) RWY 35, AMDT 1C, VOR RWY 29, AMDT 14A, VOR OR TACAN RWY 11, AMDT 19F, increase Circling CAT B MDA from 880 to 960, NEH 580 AMSL. /// LOC BC RWY 17, AMDT 8A, increase Circling CAT B MDA from 940 to 960, NEH 640 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 27 of 54 Page 5 of 6 TOPO Map for ASN 2025-ASW-2590-OE Page 28 of 54 Page 6 of 6 Sectional Map for ASN 2025-ASW-2590-OE Page 29 of 54 Created with 3D Lift Plan www.3dliftplan.com Crane Piener SK 415-20 Tower at 90° 112' Jib w/ Double Trolley (90° offset) Base: Counterweight: 33.1' Lift Radius (360°) Crane Capacity at 33.1' = 44,090 lbs There are no sling tensions to display. Crane Demag AC 500-2 139.4' Main Boom at 77° 145.7' Light Fixed Jib (0° offset) Base: 100% Outriggers: 31.6' x 31.5' Counterweight: 176.4 kip 66.3' Lift Radius (360°) Crane Capacity at 66.3' = 48,900 lbs Load Total Load 28,000 lbs 57% of capacity Sling Tension: 16,166 lbs 5/19/2025 Title Lift Plan Project Verge - College Station Customer Hoar Construction Description SK 415 Lift Plan Drawn By Paolo Salvatore Not issued for construction. For pre-planning only.Grid: 10' x 10' XXX 282' 298' CRANE EXHIBIT TOWER CRANE HELPER CRANE Page 30 of 54 Airport Zoning Board of Adjustment Page 1 of 3 September 2, 2025 AIRPORT ZONING BOARD OF ADJUSTMENT AIRPORT HEIGHT VARIANCE REQUEST FOR 100 CHURCH AVE AWV2025-000092 REQUEST: Height variance to the Easterwood Airport Zoning Ordinance LOCATION: 100 Church Ave 100 Church Avenue Subdivision Block 1 Lot 1 ZONING: NG-1 Core Northgate PROPERTY OWNER: Aspire A&M II LLC APPLICANT: Quiddity Engineering LLC PROJECT MANAGER: Robin Macias, Land Development Review Administrator rmacias@cstx.gov RECOMMENDATION: Approval BACKGROUND: The applicant is proposing a new mixed-use development in Northgate bounded by University Drive, Wellborn Road, Church Avenue and First Street. The building is anticipated to consist of a parking garage and retail space on the floor level with a parking garage and residential units above. The height of the building is proposed to be 566 feet Above Mean Sea Level (AMSL) or 225 feet Above Ground Level (AGL). 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). A previous variance was granted in May 2023 for a building height of 550 feet Above Mean Sea Level (AMSL) or 205 feet Above Ground Level (AGL). This request to increase the building height to 225 feet Above Ground Level (AGL) is due to the installation of new mechanical equipment and proper FAA lighting. Page 31 of 54 Airport Zoning Board of Adjustment Page 2 of 3 September 2, 2025 With the limitation of 470.6 feet above mean sea level, the applicant is requesting a height variance of 96 feet for the building, 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 2, 2025 Property owner notices mailed: 10 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 Local Street (Church Ave) Local Street (Church Ave) East Local Street (First St) and NG-1 Core Northgate Local Street (First St) and restaurant South Major Arterial (University Dr) Major Arterial (University Dr) West Major Arterial (Wellborn Rd) Major Arterial (Wellborn Rd) 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 construction of a mixed-use development.. The residential building will be at 566 feet Above Mean Sea Level. The Easterwood Airport Management (EAM) team has no objections to Page 32 of 54 Airport Zoning Board of Adjustment Page 3 of 3 September 2, 2025 granting a height variance for the building. The FAA has made the determination that No Hazard to Air Navigation is present. In consultation with the EAM team, the TAMU System has no objections to the granting of a variance for building height. Allowing the height encroachment for the building height 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 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. Small Area Map 2. Federal Aviation Administration Documentation 3. Easterwood Airport Management Documentation 4. TAMU System Documentation 5. Exhibit Page 33 of 54 Page 34 of 54 Page 35 of 54 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2025-ASW-1614-OE Prior Study No. 2022-ASW-24886-OE Page 1 of 8 Issued Date: 05/19/2025 UP CAMPUS PROPERTIES, LLC TYLER AMMERMANN 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** 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:Multi-purpose Building 101 University - Point 8A County, State:Brazos, Texas Collected Point(s): Label Latitude Longitude SE DET AGL AMSL 101 University - Point 8A 30-36-58.80N 96-20-53.16W 340 Ft 225 Ft 565 Ft This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M Change 1, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&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 FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 11/19/2026 unless: Page 36 of 54 Page 2 of 8 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. 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. This determination is subject to review if an interested party files a petition that is received by the FAA on or before June 18, 2025. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager, Rules and Regulations Group via email at OEPetitions@faa.gov, or via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, 5th floor, 600 Independence Ave, SW., Washington, DC 20597. FAA encourages the use of email to ensure timely processing. This determination becomes final on June 28, 2025 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. Any questions regarding your petition, contact Rules and Regulations Group via telephone (202) 267-8783. 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, 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. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the 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 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. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed Page 37 of 54 Page 3 of 8 structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). If we can be of further assistance, please contact andrew.hollie@faa.gov, at 1-817-222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2025-ASW-1614-OE. Signature Control No: 646685606-659944782 ( DNH ) Julie A. Morgan Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 38 of 54 Page 4 of 8 Additional information for ASN 2025-ASW-1614-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of two studies that represent the two closest corners of the building, located approximately 1.83 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. These two points were filed in 2022; however, these two points are increasing in height. The two studies have an impact, and they are: Aeronautical Study AGL / MSL Direct distance from runway end 17 2025-ASW-1613-OE 225 / 341 8495 feet / 1.39 nm 2025-ASW-1614-OE 225 / 340 8536 feet / 1.40 nm Aeronautical study number 2025-ASW-1613-OE is being circulated for public comment and will represent h project. A response to this study will be a response for the project. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2025-ASW-1613-OE exceeds by 25 feet. 2025-ASW-1614-OE exceeds by 25 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. 2025-ASW-1613-OE exceeds by 96 feet. 2025-ASW-1614-OE exceeds by 95 feet. **Part 77 obstruction standards are used to screen the many proposals submitted to identify those which warrant further aeronautical study. This study is conducted to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a Page 39 of 54 Page 5 of 8 proposed structure exceeds certain obstruction standards of part 77 is not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 04/07/2025 to 5305 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. The study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 40 of 54 Page 6 of 8 Case Description for ASN 2025-ASW-1614-OE Building development project located in College Station, TX. Page 41 of 54 Page 7 of 8 TOPO Map for ASN 2025-ASW-1614-OE Page 42 of 54 Page 8 of 8 Sectional Map for ASN 2025-ASW-1614-OE Page 43 of 54 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2025-ASW-1614-OE Prior Study No. 2022-ASW-24886-OE Page 1 of 8 Issued Date: 05/19/2025 UP CAMPUS PROPERTIES, LLC TYLER AMMERMANN 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** 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:Multi-purpose Building 101 University - Point 8A County, State:Brazos, Texas Collected Point(s): Label Latitude Longitude SE DET AGL AMSL 101 University - Point 8A 30-36-58.80N 96-20-53.16W 340 Ft 225 Ft 565 Ft This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M Change 1, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&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 FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 11/19/2026 unless: Page 44 of 54 Page 2 of 8 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. 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. This determination is subject to review if an interested party files a petition that is received by the FAA on or before June 18, 2025. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager, Rules and Regulations Group via email at OEPetitions@faa.gov, or via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, 5th floor, 600 Independence Ave, SW., Washington, DC 20597. FAA encourages the use of email to ensure timely processing. This determination becomes final on June 28, 2025 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. Any questions regarding your petition, contact Rules and Regulations Group via telephone (202) 267-8783. 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, 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. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the 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 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. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed Page 45 of 54 Page 3 of 8 structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). If we can be of further assistance, please contact andrew.hollie@faa.gov, at 1-817-222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2025-ASW-1614-OE. Signature Control No: 646685606-659944782 ( DNH ) Julie A. Morgan Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 46 of 54 Page 4 of 8 Additional information for ASN 2025-ASW-1614-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of two studies that represent the two closest corners of the building, located approximately 1.83 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. These two points were filed in 2022; however, these two points are increasing in height. The two studies have an impact, and they are: Aeronautical Study AGL / MSL Direct distance from runway end 17 2025-ASW-1613-OE 225 / 341 8495 feet / 1.39 nm 2025-ASW-1614-OE 225 / 340 8536 feet / 1.40 nm Aeronautical study number 2025-ASW-1613-OE is being circulated for public comment and will represent h project. A response to this study will be a response for the project. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2025-ASW-1613-OE exceeds by 25 feet. 2025-ASW-1614-OE exceeds by 25 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. 2025-ASW-1613-OE exceeds by 96 feet. 2025-ASW-1614-OE exceeds by 95 feet. **Part 77 obstruction standards are used to screen the many proposals submitted to identify those which warrant further aeronautical study. This study is conducted to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a Page 47 of 54 Page 5 of 8 proposed structure exceeds certain obstruction standards of part 77 is not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 04/07/2025 to 5305 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. The study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 48 of 54 Page 6 of 8 Case Description for ASN 2025-ASW-1614-OE Building development project located in College Station, TX. Page 49 of 54 Page 7 of 8 TOPO Map for ASN 2025-ASW-1614-OE Page 50 of 54 Page 8 of 8 Sectional Map for ASN 2025-ASW-1614-OE Page 51 of 54 Easterwood Airport Management 1 McKenzie Terminal Blvd, College Station, TX 77845 July 17, 2025 Anthony Armstrong, P.E., CFM, Land Development Review Administrator City Of College Station 1101 Texas Ave. College Station, TX 77840 Re: Multi-purpose Building and Cranes at 101 University Dear Mr. Armstrong, Easterwood Airport Management has reviewed the application for a revised height variance for the construction of a 225-foot-tall building at 101 University, as well as the FAA’s Determination of No Hazard to Air Navigation for Temporary Structure. Easterwood Airport Management has no objection to granting the requested height variance, provided the builder fully complies with the conditions outlined in the FAA determination letter. Respectfully, Kevin Davis Easterwood Airport Management Page 52 of 54 From:O"Neill, John To:Anthony Armstrong; Robin Macias Subject:[EXTERNAL] -101 University- Building Height Variance Date:Thursday, July 17, 2025 11:53:51 AM Attachments:CommDev_2025-Jul-11-143937.zip Revised Height Variance Letter for Multi-purpose Building 101 University 7172025.pdf ***** This is an email from an EXTERNAL source. DO NOT click links or open attachmentswithout 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 Easterwood Airport Management team has no objections to granting the revised height variance request for the proposed 225-foot-tall building at 101 University, so long as the builder complies with the conditions as outlined in the FAA Letters (see attached).  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 all conditions, as outlined, have been met. Thanks and should you need anything else, please feel free to contact me, John John J. O’Neill, MBA | Executive Director Business Affairsjoneill@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 77840-7896THE TEXAS A&M UNIVERSITY SYSTEM   Page 53 of 54 Texas Board of Professional Engineers and Land Surveyors Reg. No. 10046100150 Venture Drive, Suite 100 College Station, TX 77845 979.731.8000 HIGHEST BUILDINGELEVATION = 566' MSL (225' AGL)HIGHEST BUILDINGELEVATION = 566' MSL (225' AGL) HIGHEST BUILDING ELEVATION = 566' MSL (225' AGL) HIGHEST BUILDING ELEVATION = 566' MSL (225' AGL) Page 54 of 54