HomeMy WebLinkAbout02/16/2023 - Special Agenda Packet - Zoning Board of Adjustments
College Station, TX
Meeting Agenda
Zoning Board of Adjustment
1101 Texas Ave, College Station, TX 77840
Internet: https://us06web.zoom.us/j/88317553223
Phone: 888.475.4499 and Webinar ID: 883 1755 3223
The City Council may or may not attend this meeting.
February 16, 2023 4:00 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 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. 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
#AWV2022-000026
Sponsors: Robin Macias
Attachments: 1. Staff Report
2. Vicinity Map, Aerial, and Small Area Plan
3. Applicant's Supporting Information
4. Federal Aviation Administration Documentation
5. Easterwood Airport Administration 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 February 9, 2023 at 5:00 p.m.
City Secretary
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Zoning Board of Adjustment
Page 2 February 16, 2023
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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
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at least two business days prior to the meeting, the City will make a reasonable attempt to
provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."
Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire
libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411,
Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad
portando arma de mano al aire libre.”
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Airport Zoning Board of Adjustment Page 1 of 3
February 16, 2023
AIRPORT ZONING BOARD OF ADJUSTMENT
AIRPORT HEIGHT VARIANCE REQUEST
FOR
3939 FUJIFILM WAY
AWV2022-000026
REQUEST:Height variance to the Easterwood Airport Zoning Ordinance
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-ft. tall temporary
tower crane, which received a variance on January 2, 2023.
A temporary mobile crane is needed to erect and dismantle the construction
crane. The mobile crane will have a maximum height of 482 feet Above Mean
Sea Level.
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
83 feet and to penetrate with horizontal surface by 12 feet for the temporary
mobile crane to erect and dismantle the construction crane.
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Airport Zoning Board of Adjustment Page 2 of 3
February 16, 2023
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: February 16, 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 482 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 temporary mobile crane. In
consultation with the EAM team, the TAMU System has no objections to the granting of a variance for the
temporary mobile crane.
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Airport Zoning Board of Adjustment Page 3 of 3
February 16, 2023
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,
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
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Name of Project: FUJIFILM - MOBILE CRANE, CSTX PERMIT #CRAN2022-000005
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 - 150 ft AGL, 482 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 erect/dismantle tower
crane and 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.
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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 removed upon completion of the structure and installation of equipment.
Contractor to communicate with Easterwood Airport to minimize effect to Easterwood's operations.
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Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-23341-OE
Page 1 of 7
Issued Date: 12/21/2022
Jeremy Robinson
FUJIFILM DIOSYNTH BIOTECHNOLOGIES
3939 Biomedical Way
College Station, TX 77845
**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 Assist Crane - Erection
Location:College Station, TX
Latitude:30-35-42.58N NAD 83
Longitude:96-22-52.18W
Heights:332 feet site elevation (SE)
150 feet above ground level (AGL)
482 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.
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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-23341-
OE
Signature Control No: 563464900-565661466 ( TMP )
Andrew Hollie
Specialist
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Additional Condition(s) or Information for ASN 2022-ASW-23341-OE
Proposal: To construct and/or operate a(n) Mobile Crane to a height of 150 feet above ground level, 482 feet
above mean sea level.
Location: The structure will be located 1.05 nautical miles northwest of CLL Airport reference point.
Case Description for ASN 2022-ASW-23341-OE
Notification for mobile crane to erect the temporary tower crane described on 2022-ASW-22772-OE. The assist
crane will only reach the maximum height for a period of four hours the first day. New construction structure
was determined on NOTAMs 2022-ASW-16619-16623-OE
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (3) by 90 feet - a height that increases a minimum instrument flight altitude within a terminal
area (TERPS Criteria). The proposal would necessitate At 482 AMSL, 4D, Easterwood Fld (CLL) College
Station, TX. Obstacle penetrates RWY 29 40:1 departure surface 90 feet requiring TAKEOFF MINIMUMS
AND (OBSTACLE) DEPARTURE PROCEDURES, AMDT 4A, RWY 29, increase ceiling and visibility from
STD to 300-1 or departure NA (CG exceeds 500 feet per NM), W/2C, 300-1 or STD with a minimum climb
gradient increase from 200 to 446 feet per NM to 600, NEH 392 AMSL (4D/2C)./// RNAV (GPS) RWY 11,
obstacle penetrates Vertical Guidance Surface (VGS) 61 feet, LPV NA, NEH 421 AMSL, increase LNAV/
VNAV DA from 641 to 693, W/1A, 641 to 643, NEH 470 AMSL (4D/2C), increase LNAV MDA from 740
to 800, NEH 489 AMSL, W/2C, No IFR Effect., obstacle penetrates LNAV/VNAV, LPV, and LNAV 20:1
Visual Area Surface 27 feet, increase LPV visibility from 3/4 to 1 mile, if not lighted, procedure NA at night
and Circling to RWY 11 NA at night for all procedures, NEH 455 AMSL (4D/1A), obstacle penetrates 34:1
Visual Area Surface 83 feet, however, published visibility is 3/4 SM or greater, No IFR effect. At 421 AMSL,
increase LPV DA from 569 to 680, NEH 399 AMSL, W/1A, No IFR Effect, obstacle penetrates 34:1 Visual
Area Surface 22 feet, however, published visibility is 3/4 SM or greater, No IFR effect./// VOR OR TACAN
RWY 11, increase S-11 MDA from 740 to 800, NEH 474 AMSL, W/2C, No IFR Effect.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (a) Horizontal Surface by 12 feet as applied to CLL.
Section 77.19 (d) Approach Surface by 83 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.
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.
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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.
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 06/21/2024 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 482 AMSL, 4D, Easterwood Fld (CLL) College Station, TX. Obstacle penetrates RWY 29 40:1 departure
surface 90 feet requiring TAKEOFF MINIMUMS AND (OBSTACLE) DEPARTURE PROCEDURES, AMDT
4A, RWY 29, increase ceiling and visibility from STD to 300-1 or departure NA (CG exceeds 500 feet per
NM), W/2C, 300-1 or STD with a minimum climb gradient increase from 200 to 446 feet per NM to 600, NEH
392 AMSL (4D/2C)./// RNAV (GPS) RWY 11, obstacle penetrates Vertical Guidance Surface (VGS) 61 feet,
LPV NA, NEH 421 AMSL, increase LNAV/VNAV DA from 641 to 693, W/1A, 641 to 643, NEH 470 AMSL
(4D/2C), increase LNAV MDA from 740 to 800, NEH 489 AMSL, W/2C, No IFR Effect., obstacle penetrates
LNAV/VNAV, LPV, and LNAV 20:1 Visual Area Surface 27 feet, increase LPV visibility from 3/4 to 1 mile,
if not lighted, procedure NA at night and Circling to RWY 11 NA at night for all procedures, NEH 455 AMSL
(4D/1A), obstacle penetrates 34:1 Visual Area Surface 83 feet, however, published visibility is 3/4 SM or
greater, No IFR effect. At 421 AMSL, increase LPV DA from 569 to 680, NEH 399 AMSL, W/1A, No IFR
Effect, obstacle penetrates 34:1 Visual Area Surface 22 feet, however, published visibility is 3/4 SM or greater,
No IFR effect./// VOR OR TACAN RWY 11, increase S-11 MDA from 740 to 800, NEH 474 AMSL, W/2C,
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.
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The proposal penetrates the Obstacle Clearance Surface (OCS) given in the siting standard, Order 6850.2
for the Visual Approach Slope Indicator (VASI) serving KCLL RWY 11. The VASI will not provide the
required minimum obstacle clearance over the proposal. The effect can be eliminated by lowering the proposal
below 411 ft. AMSL (NEH). First consideration should be given to altering the proposal as outlined above.
If not possible, the VASI must be removed from service for the duration of the project. VASI is FAA owned/
maintained. Notify the Tech Ops POC as soon as possible, recommend 45 days in advance, in order to
coordinate proper facility shutdown. Local FAA Tech Ops POC: Austin Enroute SSCM, Victoria Dickenhut,
512-369-7952.
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TOPO Map for ASN 2022-ASW-23341-OE
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Sectional Map for ASN 2022-ASW-23341-OE
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Easterwood Airport Management
1 McKenzie Terminal Blvd
College Station, TX 77845
January 30, 2023
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 – Temporary Crane 2022-ASW-23341-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 following conditions:
• The variance is only given for the construction and dismantlement of a tower crane.
• The variance is only given for a total of four days. Two days for the construction of a tower
crane and two days for the dismantlement of a tower crane.
• The builder coordinates the cranes erection with the Airport Director a minimum of seven
day in advance.
• All the conditions outlined in the FAA Letter are met.
Respectfully,
Kevin Davis
Easterwood Airport Management
Page 18 of 19
From:Robin Macias
To:Robin Macias
Subject:FW: Temporary Crane 2022-ASW-23341-OE
Date:Thursday, February 2, 2023 10:59:04 AM
From: O'Neill, John <joneill@tamus.edu>
Sent: Monday, January 30, 2023 4:02 PM
To: Anthony Armstrong <aarmstrong@cstx.gov>
Cc: Molly Hitchcock <mhitchcock@cstx.gov>; Kevin Davis <KDavis@EasterwoodAirport.com>
Subject: Temporary Crane 2022-ASW-23341-OE
***** 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 Easterwood Airport Management team has no objections to granting a temporary
height variance for Temporary Crane 2022-ASW-23341-OE at 8800 Biomedical Way, so long as the
builder complies with the conditions in the attached Height Variance Letter to the City for this crane,
as well as all conditions outlined by the FAA in their determination of NO HAZARD TO AIR
NAVIGATION FOR TEMPORARY STRUCTURE is present (also 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
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
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