ITEM TITLE:
Report: Approval of Temporary Land Use Permit #21-02 for Pruhs Construction for Six Months, for an Approximately 1.85 Acre Portion of 1500 Airport Road Tract A ASLS 79-116, owned by the City of Valdez
SUBMITTED BY: Nicole LeRoy, Planning Technician
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Report only.
SUMMARY STATEMENT:
Planning Department staff received a temporary land use permit application from Pruhs Construction for use of the City owned property at 1500 Airport Road (Tract A ASLS 79-116) for a temporary asphalt production plant, including temporary storage of equipment and materials in association with the proposed use.
This request was made retroactively to cover the continued storage of the asphalt plant on the property over the winter following the expiration of TLUP 20-11 Pruhs received in 2020. Pruhs has requested a term of six months from February 21, 2021, through July 20, 2021. Pruhs has stated that there is a possibility that they will come back to the City with a request for an additional temporary land use permit in 2021, if they are awarded City or private contracts in the area. In part, the temporary asphalt plant requested will be used to produce paving material for the completion of the South Harbor Drive repavement project in the spring, but may also be utilized for production in association with other non-city related projects in the area.
The area requested by Pruhs is leased to RSR Contracting, LLC for a gravel lease. Staff determined that the provisions of RSR Contracting’s gravel lease allow for a temporary land use permit to be authorized within the lease boundary, so long as the lessee has no objection. RSR Contracting signed a submitted an acknowledgment of no adverse impact from the concurrent use by Pruhs. Staff received confirmation from RSR Contracting that they continued to have no objection to the proposed temporary use on their leased site.
The Capital Facilities Department, Police Department, Parks and Recreation, and Public Works Department were solicited for comments on the application and expressed no objection to the proposed use. Public Works Director Rob Comstock stated that Pruhs should be responsible for remediating any contamination at the area as a result of the use.
Per Valdez Municipal Code 17.48.140 B 2 e, temporary land use permit requests not to exceed six months in duration may only be granted by the Planning and Zoning Commission if the desired use is in conformance with the existing zoning and/or comprehensive plan. The property requested is zoned heavy industrial which allows for asphalt and concrete plants and indoor/outdoor storage as an allowable permitted principal use per VMC 17.38.020.
Due to the potential hazards of the temporary use requested, staff recommends that provisions be included in the permit document that hold the permittee responsible for all costs and expenses related to the use, storage, and disposal of hazardous material at the property, as well as the responsibility to remediate any potential impacts to the area.
The permit document should also include a provision stating that the permittee shall conduct all operations in compliance with all federal, state, and local laws and ordinances. This includes federal and state requirements regarding air quality.
Fees for temporary land use permits were established by City Council with Resolution #12-36 which states that “for permits not exceeding two acres in size and for a period of six months or less, the fee shall be $250 per month; except that a pro-rated daily fee of $9 may be paid in the case where an entire month is not used.” For the period Pruhs Construction has requested, the permit cost will be $1,500.00 for use of the area.
The Planning and Zoning Commission voted to approve this temporary land use permit on March 24, 2021. Per Valdez Municipal Code 17.48.140 B2k, if temporary land use permits are approved by the Planning and Zoning Commission, the decision will be reported to City Council. Only upon no objection from City Council will the permit become effective, after which, staff will prepare a temporary land use permit document using standard language approved by the City attorneys and include any conditions required by the Commission.