File #: RES 23-0029    Version: 1
Type: Resolution Status: Agenda Ready
File created: 5/12/2023 In control: City Council
On agenda: 5/23/2023 Final action:
Title: #23-29 - Approval of Fee Waiver for Temporary Land Use #23-05 for End of the Road Ren Fair
Attachments: 1. #23-29 waiver of land use permit, 2. Policy 5100-01 City Fee Waiver and Ren Fair Fee Waiver Request, 3. TLUP 23-05 Ren Fair Permit Application, 4. RES #12-36

ITEM TITLE: 

#23-29 - Approval of Fee Waiver for Temporary Land Use #23-05 for End of the Road Ren Fair

 

SUBMITTED BY: Nicole LeRoy, Planner

 

FISCAL NOTES: 

Expenditure Required: N/A

Unencumbered Balance: N/A

Funding Source: N/A

 

RECOMMENDATION:

Approve resolution 23-29 to waive fees for temporary land use permit #23-05 for End of the Road Ren Fair for an approximately 8-acre portion of 251 Pioneer Drive, Lot 2, Block 2, Mineral Creek Subdivision (N Barney Meyring Parkstrip)

SUMMARY STATEMENT:

End of the Road Ren Fair applied for and was granted a temporary land use permit for use of an approximately 8-acre portion of 251 Pioneer Drive, Lot 2, Block 2, Mineral Creek Subdivision for June 16th-18th, 2023. The permit is for use of the north portion of the Mineral Creek parkstrip for a renaissance fair open to the public. The event will include a vendor square, food vendor area, stage, and game area. The event is scheduled to take place June 17th, with the 16th and 18th as set-up and break-down days.

Economic Development Director, Chief of Police, and Parks and Recreation Director were solicited for comments on the application and expressed no objection. The applicant has agreed to work with Valdez Police Department, and Economic Development Department for any in-kind service requests.

Use of the property under this permit will not constitute a nuisance, and no permanent alteration of the land will occur.

Pursuant to Valdez Municipal Code 17.48.140 (G) & (H), temporary land use permit requests exceeding 5 acres in size may be granted by the Planning and Zoning Commission.  Per VMC 17.48.140 (H) (3) if temporary land use permits are approved by the Planning and Zoning Commission, the decision is reported to City Council.

The Planning and Zoning Commission voted to approve this permit at their regular meeting May 10, 2023. End of the Road Ren Fair requested a fee waiver from City Council pursuant to Policy 5100-01 City Fee Waiver.

Fees for temporary land use permits of this type were 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 is determined to be: Commercial: $217,800/acre.” For the three-day period End of the Road Ren Fair has requested, the permit fee would be $1,452.00 without the fee waiver. Pursuant to Policy 5100-01 City Fee Waiver Policy, End of the Road Ren Fair has requested a fee waiver based on the public purpose justification. This is a volunteer organized event operated on a not-for-profit basis and open to the entire community. In this case, levying of the standard temporary land use permit fees would render this event cost-prohibitive for the organizers.