ITEM TITLE:
Report: Approval of Temporary Land Use Permit #21-03 for Pruhs Construction for Six Months, for a 31,250 square foot portion of 226 S Harbor Drive, Tract G, Harbor Subdivision
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 a 31,250 sf portion of 226 S Harbor Drive, Tract G, Harbor Subdivision (former Sea Otter RV Park) for a construction staging yard in association with the finalization of the South Harbor Drive re-pavement project. Pruhs Construction received temporary land use permit 20-04 in 2020 for this property, among others, for this same purpose.
This request came to the Commission retroactively to cover use of the property for storage of piping material that were left behind from TLUP 20-04 over the winter after their previous permit expired. Pruhs requested a term of six months from January 1, 2021, through June 30, 2021. Pruhs stated this should offer them enough time to finalize the remaining work on the project. Staff will work with Pruhs if an additional TLUP is needed to cover the use of the area as the project is completed this spring.
Public Works Director Rob Comstock, Capital Facilities Director Nate Duval, and Ports and Harbor Director Jeremy Talbot were solicited for comments on application 21-03 and expressed no objection to the use proposed (see attached comments.)
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. In reviewing temporary land use permit application 21-03, staff determined the use requested by Pruhs to be in accordance with the comprehensive plan goal to provide the maximum range of community services and facilities, especially on a short term and temporary basis.
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 $1500.0. However, as was requested for TLUP 20-04 last year, Pruhs is requesting a fee waiver from City Council on the basis that the work is in conjunction with a city project. Staff is bringing that resolution forward for a decision at the April 6, 2021 Council meeting.
The Capital Facilities and Planning Departments are working with the City Clerk and legal team to propose an ordinance change for temporary land use permits that will provide guidance specific to the temporary use of City property during a City project.
The Planning Commission voted to approve this temporary land use permit on March 24, 2021.
Per Valdez Municipal Code 17.48.140 B2k, if a temporary land use permit is 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.