ITEM TITLE:
Report: Temporary Land Use Permit #22-01 for Wilson Brothers Distributing for Six Months, for a 2.87-acre 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:
Receive and file.
SUMMARY STATEMENT:
Planning Department staff received a temporary land use permit application from Wilson Brother’s Distributing Company for use of a 2.87-foot portion of 226 South Harbor Drive, Tract G, Harbor Subdivision owned by the City of Valdez.
Wilson Brother’s has requested use of the property for parking of refrigeration trailers for fish processing, and a truck to move the trailers. Mr. Wilson indicated that they may also use a generator at the site to power the refrigerators. They have requested to use the property May 1- October 31, 2022.
Public Works Director Rob Comstock, Capital Facilities Director Nate Duval, and Ports and Harbors Director Jeremy Talbot were solicited for comments on the application.They expressed no objection to the location, use, and timeframe requested by Wilson Brothers. However, Mr. Duval and Mr. Comstock recommended the inclusion of spill containment language in the TLUP. Staff will consult with the legal department to get appropriate oil spill containment language in the permit. Mr. Talbott also requested an emergency access lane be maintained on the property for City personnel in the event of a need for an emergency staging area. Mr. Wilson submitted an updated drawing showing where he will maintain Port access to the rear of the property.
Fees for temporary land use permits are established by City Council with Resolution #12-36 which states “For permits exceeding two acres in size, and for a period of six months or less, the fee shall be ten percent of the fair market value per acre of the property, divided by twelve and multiplied by the number of months for which the permit is issued.” The fair market value for Light Industrial lands is determined to be $15,000.00/acre. As such, the monthly fee for use of a 2.87-acre portion of the property will be $358.75.
Per VMC 17.48.140 1, TLUP holders are required to hold a minimum $1,000,000.00 general liability insurance policy naming the City as an additional insured party with a waiver of subrogation endorsement in favor of the city for the duration of the permit. Mr. Wilson has indicated he will be able to provide proof of such coverage.
Per VMC 17.48.140 H3, after a temporary land use permit is approved by the Planning and Zoning Commission, the decision will be reported to City Council. The Planning and Zoning Commission approved this TLUP on February 23, 2022.