Tower permit request fails 3-2

The Navasota City Council met in a regular session Monday, June 24. After a lengthy public hearing and 3-2 vote, council members denied a conditional use permit requested by James Hassell for the development of a wireless telecommunication tower at 9256 FM 1227. Hassell’s 75.96 acres at that location is zoned Agriculture/Open Space (A/O) and telecommunication towers are a conditional use permitted in A/O districts. Voting against were councilmen Josh Fultz, Geoff Horn and Mayor Bert Miller. Voting in favor were councilmen Bernie Gessner and Grant Holt.

The proposed 200-foot Tillman Infrastructure tower would be located 802 feet south of the Heritage Meadows Subdivision and 1,500 feet from the existing 240-foot SBA Communications’ tower which is 62 feet from the subdivision.

No residents were present to speak for or against the permit but speaking on behalf of Tillman Infrastructure and Hassell was Steve Woody, with brief comments by College Station attorney Robert Swearingen.

In addition to Woody’s points about the distance from residents’ homes, he stated that as a condition of approval, Tillman agreed to camouflage the lower part of the tower with screening elements and red cedars. Woody also said that the additional tower would not increase coverage but the competition and loss of AT&T as a customer was the motivation for SBA’s opposition.

Citing revisions to wind loading and soil boring standards, Woody said, “One of the real big differences between our tower and SBA’s tower is safety. Tower safety is regulated by the American National Standards Institute and the Telecommunication Industry Association…The SBA tower was constructed in 1996 and there have been numerous revisions to industry standards in the last 23 years.”

Representing SBA in its opposition was San Antonio attorney Bebb Francis who questioned why Tillman wasn’t “trying to resolve gaps in service” and called it a “pure money play based on a national agreement,” and pointed out that no employees from Tillman or AT&T were present.

Referencing Article 19.5 of the city’s zoning ordinance, Bebb said, “The tower violates at least 3 or 4 of the key provisions of your comprehensive plan. In whose benefit is this application? Is it in your benefit since it doesn’t increase your quality of life with better coverage, or is it in the pure money benefit of Tillman towers?”

Hassell responded several times, once contradicting SBA’s claim that a cutout road indicates future plans for a residential development where the tower is located saying, “It’s commercial and it will always be commercial.” According to Hassell, the road provides access to a lift station.

Council’s discussion covered the lack of objection from residents, aesthetics, distance from the right of way, proximity to FM 1227, future zoning plans and benefit to the city.

After consulting with legal counsel in Executive Session, council reconvened and restated the motion denying the permit because of (1) the close proximity of the proposed 200-ft tower to the FM 379/FM 1227 public right of way, and creating safety concerns that would result in the collapse of the proposed tower, (2) the negative visual impact that will be caused by the additional tower and the proximity of the proposed tower to the existing tower and (3) the safety concern that would be created by the location of the driveway in the proposed tower’s site and close proximity to the intersection of FM 379 and FM 1227.

Business and residential

rezoning

Approved was Ordinance 892-19 rezoning six properties in the southeast quadrant of SH 6 and SH 90 South. The 56.64 acres were previously zoned A/O, Agriculture/Open Space or had split zoning of A/O and B-1, General Business.

Two properties south of Citizens Bank will be zoned B-1 as will 2.35 acres to the east of Navasota Junior High School. The remaining three properties were approved for R-3, High density, multi-dwelling unit residential district.

Other council action:

*Approved the second reading of Ordinance 891-19, a budget amendment for street and sidewalk repairs.

*Approved Change Order No. 4 reducing the 2018 Alleyway Reconstruction Project contract by $986.50.

*Approved the renewal of the agreement between the Navasota Police Department and the Brazos Valley Council of Governments or E9-1-1 Public Answering Point Services (PSAP). The estimated cost of the two-year agreement is $13,324.75, about $1,000 more than the previous agreement.

*Approved supporting the Navasota Blue Review with social media marketing assistance.

Staff reports:

*Received an update on the July 4 Independence Daze parade beginning at 10 a.m. at Prosperity Bank, down Washington Avenue and ending at the Navasota Center with children’s activities until 2 p.m. The Navasota Noon Lions club will provide free hotdogs, chips and lemonade as well as free eyesight screening for children.

*Introduction of NPD police officer, Ethan Tyler, a Conroe Police Academy graduate. Tyler is a former Navasota firefighter and EMT and began with the city as a lifeguard in high school.

*Received a wrap-up of the 86th Legislative session from District 13 State Representative Ben Leman. (See related article).