Agenda - Planning Commission - 03/02/2023 - Special

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1 established by thc city council after considering comparable rates in other cities, 2 cntial expenses, risks to thc city, and othcr appropriate factors; The WECS will not 3 interfere with othcr users haste a higher priority as discussed in subsection (4)a 4 above; upon rcxisonablc notice, the WECS may bc required to bc removed at the user's 5 expense; and thc applicant must reimburse the city for any costs which it incurs because 6 of the presence of thc applicant's WECS; and Thc user must obtain all necessary land 7 use approvals, incl ding onditional usc permit from thc city. 8 c. Special requirements. Thc usc of certain city owncd property, such as water towcr sites 9 a -Rd parks, for a W-E-CS brings with it special concerns due to the uniquc nature e 10 sites. Thc placement of a WECS on these special city owncd site will bc allowed only 11 cn the f a-d-ditional rcquircmcnts arc met: 12 i. Water tower sites. Thc city's watcr towcr represents a large public investment in 13 water pressure stabilization and peak capacity reserves. Protection of thc quality 14 of the city's watcr supply is of primc importance to the city. As access to thc city's 15 der storage system increases, so too increases the potcntial for contamination 16 of the public watcr supply. For thcsc reasons, thc placement ef a WECS on 17 existing or futurc water towcr sites will be allowed only when the city is fully 18 satisfied that the following requireme-nts are-m-ct: Thc applicant's ac cSJ to the 19 facility will not increase thc risks of contamination to the city's wader supply 20 There is sufficient room on the structure and/or on the grounds to accommodate 21 the applicant's fa y; The presence of the facility -will not incr sc thc watcr 22 t wcr maintenance costs to the--d-ty; and thc prcscncc of thc facility will not 23 unreasonably interfere with maintaining thc water towcr. 24 ii. parks. Thc prcscncc of certain WKS represents a potential conflict with the 25 purpose of some city owncd parks. A WECS will be considered only in parks after 26 the recommendation of thc park and recreation commiss+on and approval of the 27 city council. 28 •d. Application process. All applicants who wish to locate a WECS on any ust 29 submit to the city administrator, or his/her designee, a completed application and- 30 retailed plan that complics with thc submittal rcquircmcnts ef this chapter along with 31 othcr pertinent information requested by thc city. 32 c. Termin-Gti Thc city council may#crminatc any Icase if it determines that any onc of 33 the following-c-oAditions exist: 34 i. A potential user with a high-cr priority cannot find another adequate location and 35 thc potcntial use would bc incompatible -with the existing use; 36 ii. Thc WECS unreasonably interferes with othcr users of a high-cr priority, including 37 wireless communication, r kss of whether or not this intcrfcrcncc was 38 adequately predicted in thc technical analysis; e-r 39 iii. A uscr violates any of thc standards in this poor thc conditions attached to 40 thc city's permissie- 41 Before taking action, the city will providc 30 days notice to thc user of thc intended 42 termination and thc reasons for it, and providc an e-p-portunity-for thc uscr to address 43 thc city council regarding thc proposed action. This procedure need not be followed in 44 emergency situations. 45 f. Reservation of right. Notwithstanding thc abee, thc city council reserves thc right to 46 dcny, for any reason, thc use-ef any -or all city owncd property by any onc or all 47 applicants. 5