Enid MAPC kicks internet tower approval down road after residents object

Jun. 22—City planning commissioners again tabled approving a 75-foot communications tower to be built in a Garfield County neighborhood after residents publicly objected to the planned location Monday.

Members of Enid's Metropolitan Planning Commission voted 6-1, with Commissioner Don Roberts objecting, to table approving a use by review for internet company Nextlink to build what representatives on Monday called a "strategically placed" tower that would provide internet access to the entire neighborhood.

Though the tower falls under both MAPC jurisdiction and Vance Air Force Base military compatibility area, use by review approval is necessary because the neighborhood is located in Garfield County, so the tower must must follow county ordinance.

However, Mark Miller, covenant president of Northwood Addition, said he believes the proposal still violates several of the neighborhood's covenant committee rules, which have been in place since 1982.

"There is 500 acres of land across the street where the tower could be put in and not where it affects other people's property values," said Miller, who owns several lots surrounding the proposed location. "For me to not come down here and fight for somebody that moved out there ... they did not move out to a beautiful neighborhood in the wilderness to look at a tower."

Resident Dan Burchell said covenant rules state private business ventures aren't supposed to be allowed in the neighborhood.

"My worry is, what's going to go up next? Wind turbines, solar farms ... what else are people going to put up in their backyards if we don't hold ground on some kind of covenants?" he asked.

The tabling gives the neighborhood's roughly 200 residents 30 days to meet with Nextlink before MAPC's next meeting in July. Miller said he could arrange a meeting.

Commissioner Whitney Hall, who motioned to table, said she believed tabling was the best course of action to go through proper legal channels such as the formal, written process of the covenant board.

"Even if we were to approve this, it does sound like there would be litigation waiting to happen," Hall said. "Because this would be a new build, I feel like they do need to get their say. That may give you an opportunity to find a neighbor in the meantime that is outside the covenant entirely."

MAPC commissioners had unanimously tabled approving the use by review last month because signs hadn't been posted on the property.

The internet tower, described as a metal pole similar to an electrical pole, will be located on a private lot south of a residence on Wilderness Road.

Covenants have to be enforced by the neighborhood, not the city government, Enid planning administrator Chris Bauer said.

Miller also said the owner of the private residence hadn't received permission from him, either.

A Nextlink representative told commissioners the area was the "best spot to broadcast our signal" to also reach an additional neighborhood to the north, as well as newer developments to the south.

"A few feet makes a difference," John Turner said.

Turner said the proposed location was the company's first choice because the broadband provider already has an existing, 62-foot tower at the same address, on the west side of the house. But that tower is for private internet access, Turner said, and would come down as the new tower is built.

Nextlink already has licensed frequencies purchased from Federal Communications Commission, Turner said, adding that the company has to meet federal grant deadlines by the end of the year.

He did not specify whether this meant calendar year, ending in December, or fiscal year, ending in June.

Hall said she believes a second round of airspace approvals from Federal Aviation Administration, Vance Air Force Base and Enid Woodring Regional Airport would go quickly enough before MAPC meets again.

Though the proposed tower falls within Vance's compatibility area, base personnel had approved the tower's height and location because it would not pose any hazardous or adverse effects on airspace.

Woodring officials also had approved the tower's height, as it would not fall within the airport's compatibility area.

Ewald is copy editor and city/education reporter for the Enid News & Eagle.

Have a question about this story? Do you see something we missed? Send an email to aewald@enidnews.com.