HomeMy WebLinkAbout06/04/2024 - Regular Agenda Packet - Zoning Board of Adjustments
College Station, TX
Meeting Agenda
Zoning Board of Adjustment
1101 Texas Avenue, College Station, TX 77840
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June 4, 2024 6:00 PM Council Chambers
College Station, TX Page 1
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. May 7, 2024
2.2. Public Hearing, presentation, discussion, and possible action regarding a height variance to the
Airport Zoning Ordinance for the property located at Valley Park Center Subdivision, Lot 3R,
generally located at 404 Harvey Mitchell Parkway South. The property is zoned PDD Planned
Development District. Case #AWV2024-000007
Sponsors: Jesse Dimeolo
Attachments: 1. Staff Report
2. Vicinity Map, Aerial, and Small Area Map
3. Applicants Supporting Information
4. Federal Aviation Administration Documentation
5. Easterwood Airport Management Documentation
6. TAMU System Documentation
7. Crane Exhibit
3. Discussion and possible action on future agenda items.
A member may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall be limited to
a proposal to place the subject on an agenda for a subsequent meeting.
4. Adjourn.
Adjournment into Executive Session may occur in order to consider any item listed on the agenda if a
matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,
1101 Texas Avenue, College Station, Texas, on May 28, 2024 at 5:00 p.m.
City Secretary
Page 1 of 23
Zoning Board of Adjustment
Page 2 June 4, 2024
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"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."
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May 7, 2024 Zoning Board of Adjustments Minutes Page 1 of 2
Minutes
Zoning Board of Adjustment Regular Meeting May 7, 2024 MEMBERS PRESENT: Chairperson Bill Lartigue, Board Members Michael Martinez, James Hutchins, Justin Collins, and George Sasson CITY STAFF PRESENT: Director of Planning and Development Services Anthony
Armstrong, Assistant Director of Planning and Development Services Molly Hitchcock,
Assistant City Attorney Gavin Midgley, Senior Planner Jeff Howell, Lead Technology Service Specialist Trey Bransom and Staff Assistant II Crystal Fails 1. Call meeting to order. Chairperson Lartigue called the meeting to order at 6:02 p.m.
2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes:
Board Member Hutchins motioned to approve the amended meeting minutes from April 2, 2024, Board Member Martinez seconded the motion; the motion passed 5-0. 2.2. Public Hearing, presentation, discussion, and possible action regarding a lot width and lot area variance to the Unified Development Ordinance Section 5.2.A. ‘Dimensional
Standards for Non-Clustered and Clustered Developments’, for property described as
6750 sq.ft. tract described in Volume 474, Page 93 DRBCT, Crawford Burnett League Survey, Abstract 7, generally located at 206 Luther Street. The subject property is zoned R-6 High Density Multi-Family. Case #AWV2024-000009
Senior Planner Howell presented the item to the Board and stated that the applicant is
requesting a 20-foot reduction to the minimum 70-foot lot width and 250 sq.ft. reduction to the minimum 7,000 sq.ft lot area. Staff recommended approval of the request due to the fact that it does meet the criteria
required for a variance. Specifically, staff found that:
1. There are extraordinary conditions affecting the land depriving the owner of its use; 2. The granting of the variance is necessary for the enjoyment of a substantial property right;
3. 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 Unified Development Ordinance. 4. The variance will not have the effect of preventing the orderly subdivision of
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May 7, 2024 Zoning Board of Adjustments Minutes Page 2 of 2
land in the area in accordance with the provisions of this UDO. 5. The property is unique compared to other property in the area; and
6. A hardship has not occurred due to the applicant’s own actions.
Member Collins asked staff if they could go over again all of the land uses within this zoning district.
Jeff Howell stated that boarding house, dormitory, duplex and townhouse are allowed. Single-family is not permitted in R-6 High Density Multi-Family.
Veronica Morgan, Applicant, Mitchell and Morgan Engineering, presented to the Board
regarding the history of the property. She stated that the two current properties are currently not up to conforming status.
Board Member Collins asked if the applicant could explain what the financial impacts are and if they relate to the value of the lot.
Veronica stated that they are limited on building multi-family because of the lot size.
There is no area to provide parking and there are some drainage issues that will limit them as well.
Chairperson Lartigue opened the public hearing.
No one spoke.
Chairperson Lartigue closed the public hearing.
Board Member Hutchins motioned to approve the variance as it has met all requirements, Board Member Martinez seconded the motion; the motion to approve the variance passed 5-0.
3. Discussion and possible action on future agenda items - A member may inquire about a
subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.
There was no discussion on future agenda items.
4. Adjourn. The meeting adjourned at 6:15 p.m.
Approved: Attest: ______________________________ ________________________________ Bill Lartigue, Chairperson Crystal Fails, Board Secretary
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Airport Zoning Board of Adjustment Page 1 of 3
June 4, 2024
AIRPORT ZONING BOARD OF ADJUSTMENT
AIRPORT HEIGHT VARIANCE REQUEST
FOR
404 Harvey Mitchell Parkway South
AWV2024-000007
REQUEST:Crane height variance to the Easterwood Airport Zoning Ordinance
LOCATION:404 Harvey Mitchell Parkway South
Valley Park Center Subdivision, Lot 3R
ZONING:PDD Planned Development District
PROPERTY OWNER:Global Student Housing College Station LLC
APPLICANT: McGough Construction
PROJECT MANAGER:Jesse DiMeolo, Staff Planner
jdimeolo@cstx.gov
RECOMMENDATION:Approval
BACKGROUND: A new, multi-family building is being constructed at 404 Harvey Mitchell
Parkway South, northwest of the diverging diamond interchange of Harvey
Mitchell and Raymond Stotzer Parkway. The property is approximately five
acres in size. At a site elevation of 335 feet above sea level (ASL), the building
under construction needs a mobile crane to raise construction materials. The
crane will be a maximum 117 feet above ground level (AGL) and 452 feet above
mean sea level (AMSL).
The airport zoning ordinance specifies that even temporary structures such as
construction cranes are subject to the height limitations of the ordinance and
require a variance to be erected. With the site plan approval of the multi-family
structure, the Federal Aviation Administration determined no hazard to air
navigation for a building limited to 379 feet AMSL or 44 feet AGL. The mobile
crane is proposed to be 73 feet higher than the building.
The maximum allowed elevation AMSL for the site according to the airport
zoning map is 394 feet and the proposed AMSL for the crane is 452 feet. The
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Airport Zoning Board of Adjustment Page 2 of 3
June 4, 2024
applicant is requesting a temporary height variance to allow the crane at a
maximum of 452 feet AMSL.
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: June 4, 2024
Property owner notices mailed: 4
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 GC General Commercial Garver Engineering
East (across Harvey
Mitchell Parkway)GS General Suburban The Texas A&M University System
South R Rural Aggieland Field of Honor and Memorial
Cemetery
West R Rural Aggieland Field of Honor and Memorial
Cemetery
REVIEW CRITERIA
According to the Texas Local Government Code Section 241.034 Variances, the Board shall allow a variance from
an airport zoning regulation if all of the following criteria are met:
1. A literal application or enforcement of the regulation would result in practical difficulty or unnecessary
hardship.
2. The granting of the relief would result in substantial justice being done.
3. The granting of the relief would not be contrary to the public interest.
4. The granting of the relief would be in accordance with the spirit of the regulation.
The Board may impose any reasonable conditions on the variance that it considers necessary to accomplish the
purpose of airport zoning.
The variance request is to allow for a mobile crane that is needed to build the multi-family structure on site.
Easterwood Airport Management (EAM) team has no objections to granting a temporary height variance for the
crane and the FAA has made the determination that No Hazard to Air Navigation for Temporary Structure is
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Airport Zoning Board of Adjustment Page 3 of 3
June 4, 2024
present for the mobile crane associated with the Global Student Housing project. In consultation with the EAM
team, the TAMU System has no objections to granting a temporary height variance.
Without the height variance, the contractor would not be able to complete the project as scheduled. Allowing
the temporary height encroachment for the 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 TAMU, as well as the
temporary nature of the crane, staff recommends approval of the request. The granting of the variance would
result in substantial justice being done without being contrary to the public interest, and the spirit of the
regulation remains.
ATTACHMENTS
1. Vicinity Map, Aerial, and Small Area Map
2. Applicant’s Supporting Information
3. Federal Aviation Administration Documentation
4. Easterwood Airport Management Documentation
5. TAMU System Documentation
6. Crane Exhibit
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Page 8 of 23
Page 9 of 23
Page 10 of 23
Page 1 of 2
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
AWV2024-000007
Name of Project: Variance for Crane Height (AWV2024-000007)
Address: 404 HARVEY MITCHELL PKWY S
Legal Description: VALLEY PARK CENTER, LOT 3R, ACRES 4.74
Applicant: MCGOUGH CONSTRUCTION
Property Owner: GLOBAL STUDENT HOUSING COLLEGE STATION LLC
Current Zoning: PDD
Applicable ordinance section being appealed/seeking waiver from:
Airport Height Ordinance
The following specific alternative to, or waiver from, the ordinance is requested:
We are requesting to exceed the airport height limit for the crane only.
The unnecessary hardship(s) involved by meeting the provisions of the ordinance is/are:
Without this variance the erection of the precast garage is not possible, which results in the project not being
able to be constructed.
The following alternatives to the requested appeal/waiver are possible:
There is no alternative.
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Page 2 of 2
The following special condition exists:
Erection of a precast garage requires a crane of this size, and our property is adjacent to the airport.
The variance will not be contrary to public interest due to:
By allowing the variance, we can continue to build the student housing project of 331 bedrooms for students
attending the college to live in.
The specific adjustment requested is:
Building maximum height is 44', Temporary crane maximum height is 117' for approximately 8 weeks during
normal work hours. Crane will be lowered at end of each day.
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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.
2023-ASW-17798-OE
Prior Study No.
2023-ASW-14124-OE
Page 1 of 7
Issued Date: 05/07/2024
Anthony Finley
McGough Construction
4851 Lyndon B Johnson Fwy
Suite 600
Dallas, TX 75244
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION
FOR TEMPORARY STRUCTURE** (REVISED)
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Mobile Crane Global Student Housing
Location:College Station, TX
Latitude:30-36-13.68N NAD 83
Longitude:96-22-00.90W
Heights:335 feet site elevation (SE)
117 feet above ground level (AGL)
452 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.
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Page 2 of 7
A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office
if the structure is subject to the issuance of a Notice To Air Missions (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 2023-ASW-17798-
OE
Signature Control No: 607380276-620913807 ( TMP )
Andrew Hollie
Specialist
Page 14 of 23
Page 3 of 7
Additional Condition(s) or Information for ASN 2023-ASW-17798-OE
Proposal: To construct and/or operate a(n) Mobile Crane to a height of 117 feet above ground level, 452 feet
above mean sea level.
Location: The structure will be located 0.97 nautical miles north of CLL Airport reference point.
Case Description for ASN 2023-ASW-17798-OE
Proposed crane to be Kobelco CK2500-II, Hydraulic Crawler Crane for erection of precast garage structure.
Crane Minimum height: 50', Crane Maximum height (Boom + Jib): 200'. Please advise on lighting atop crane
required.
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (3) by 61 feet - a height that increases a minimum instrument flight altitude within a terminal
area (TERPS Criteria). The proposal would necessitate At 452 AMSL, 4D, Easterwood FLD (CLL), College
Station, TX. Obstacle penetrates RWY 35 40:1 departure surface 61 feet. Qualifies as low, close-in penetration
with climb gradient termination altitude 200 feet or less above DER, requiring TAKEOFF MINIMUMS AND
(OBSTACLE) DEPARTURE PROCEDURES, AMDT 4A, TAKEOFF OBSTACLE NOTES: RWY 35,
CRANE, 2802 feet from departure end of runway, 751 feet LEFT of centerline, 117 AGL, 452 AMSL, NEH
391 AMSL (4D/2C).
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (d) Approach Surface by 55 feet as applied to CLL.
The proposal is laterally beyond the standard ± 10° Obstacle Clearance Surface (OCS) of the VASI serving
KCLL RWY 17, however, it penetrates the Light Signal Clearance Surface (LSCS) and may be within the
lateral limits of the visible light beam. The VASI may remain in service, however, it is recommended that a
standard obstruction (OBST) NOTAM be issued by the airport manager/operator when the proposal exceeds
the NEH. NOTAM is to provide awareness of the existence of the temporary obstruction and is not required to
directly address the penetration of the LSCS. The NEH is 405 ft. AMSL.
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 Air Missions
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
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Page 4 of 7
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 AIR
MISSIONS (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 11/07/2025 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 Air Missions
(NOTAM) in order to coordinate the following:
At 452 AMSL, 4D, Easterwood FLD (CLL), College Station, TX. Obstacle penetrates RWY 35 40:1 departure
surface 61 feet. Qualifies as low, close-in penetration with climb gradient termination altitude 200 feet or less
above DER, requiring TAKEOFF MINIMUMS AND (OBSTACLE) DEPARTURE PROCEDURES, AMDT
4A, TAKEOFF OBSTACLE NOTES: RWY 35, CRANE, 2802 feet from departure end of runway, 751 feet
LEFT of centerline, 117 AGL, 452 AMSL, NEH 391 AMSL (4D/2C).
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 16 of 23
Page 5 of 7
Additional information for ASN 2023-ASW-17798-OE
The determination is being revised to a new lower height.
Page 17 of 23
Page 6 of 7
TOPO Map for ASN 2023-ASW-17798-OE
Page 18 of 23
Page 7 of 7
Sectional Map for ASN 2023-ASW-17798-OE
Page 19 of 23
Easterwood Airport Management
1 McKenzie Terminal Blvd,
College Station, TX 77845
May 13, 2024
Anthony Armstrong, P.E., CFM,
Land Development Review Administrator
City Of College Station
1101 Texas Ave.
College Station, TX 77840
Re: Mobile Crane Global Student Housing – Mobile Crane 2023-ASW-17798-OE (Revised)
Dear Mr. Armstrong:
Easterwood Management has reviewed the application for a height variance for a 117-foot-
tall temporary mobile crane at 404 Harvey Mitchell Parkway and the FAA letter of
“Determination of No Hazard to Air Navigation for Temporary Structure.”
Easterwood Airport Management has no objection to granting these height variances so long
as the builder complies with the conditions outlined in the FAA Letters.
Respectfully,
Kevin Davis
Easterwood Airport Management
Page 20 of 23
FW: Global Student Housing Crane Permit Revised
Anthony Armstrong <aarmstrong@cstx.gov>
Tue 5/14/2024 12:20 PM
To: Jesse Dimeolo <jdimeolo@cstx.gov>
Cc: Molly Hitchcock <mhitchcock@cstx.gov>
2 attachments (233 KB)
404 Harvey Mitchell Parkway Crane Email Response Revised May 13th 2024.pdf; 2024.45.7_Dtermination Letter Revised No
Hazard.pdf;
FYI
Anthony Armstrong, P.E., CFM
Director of Planning and Development Services
City of College Sta on
Work: (979) 764-3758
Email: aarmstrong@cstx.gov
From: O'Neill, John <joneill@tamus.edu>
Sent: Tuesday, May 14, 2024 12:01 PM
To: Anthony Armstrong <aarmstrong@cstx.gov>
Cc: Molly Hitchcock <mhitchcock@cstx.gov>
Subject: Global Student Housing Crane Permit Revised
***** This is an email from an EXTERNAL source. DO NOT click links or open a achments without posi ve sender
verifica on of purpose. Never enter USERNAME, PASSWORD or sensi ve informa on on linked pages from this
email. *****
Anthony,
The Texas A&M University System (TAMUS) relies on the expertise of the Easterwood Airport
Management (EAM) team and the Federal Aviation Administration (FAA) to determine the impacts of
height variance requests which would or could affect the airport’s operations.
At this time, the EAM team has no objections to granting a mobile crane height variance per the attached
changes, as the FAA has made determinations that NO HAZARD TO AIR NAVIGATION is present for
the housing crane variance at 404 Harvey Mitchell Parkway, as long as the builder complies with the
conditions outlined in the FAA Letters.
In consultation with the EAM team, the TAMU System has no objections based on the determinations
made by our subject matter experts in the field, as long as the builder complies with the conditions
outlined in the FAA letters.
Thanks and should you need anything else, please feel free to contact me,
John
John J. O’Neill, MBA | Executive Director, Business Affairs
System Risk Management
joneill@tamus.edu
1262 TAMU | College Station, TX 77840-7896
Tel. 979.458.6234 | Fax 979.458.6247 | www.tamus.edu
Page 21 of 23
Moore/Connally Building
301 Tarrow St., 5th Floor
College Station, TX 77840-7896
From: Kevin Davis <KDavis@EasterwoodAirport.com>
Sent: Monday, May 13, 2024 4:03 PM
To: O'Neill, John <joneill@tamus.edu>
Subject: Global Student Housing Crane Permit Revised
John,
I have attached Easterwood Airport Management’s revised recommendation letter for a crane variance
for the Global Student Housing construction project. The contractor has agreed to lower the crane's
height to an acceptable height that does not impact the airport.
Please let me know if you need any additional information.
Respectfully,
Kevin Davis, MBAA, AAE
Airport Director
Easterwood Airport Management
979-775-9901
www.flyeasterwood.com
Page 22 of 23
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B1769 SFB1769 SFGROUND LEVEL06.24.2022#2535.01Global Student Housing - College Station, TXSCALE: 1" = 60' - 0" 0'60'120'180'30'NPage 23 of 23