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HomeMy WebLinkAboutResolution No. PZ2024-05CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2024-05 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A RECREATIONAL VEHICLE (RV) PARK WITH A MAXIMUM OF FIVE (5) RV SPACES. APPLICANT: Travis Lofstedt PROPERTY OWNER: Harborside Cottages, LLC PROPERTY ADDRESS: 813 Riverview Drive LEGAL DESCRIPTION: Lot 6A Block 19, Kenai Townsite 2018 Addition KENAI PENINSULA BOROUGH PARCEL NUMBER: 04710319 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on February 1, 2024; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on March 6, 2024, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district, Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates a RV Park is a conditional use; therefore, a conditional use permit may be granted for a RV Park subject to meeting conditions listed in KMC for a Conditional Use Permit and Recreational Vehicles. The CC Zone is established to provide for an area of concentrated commercial development. Regulations applying to this zone are designed to encourage a compact group of business of the type which are mutually beneficial and located close enough together to encourage walk-in trade. The subject property is surrounded by the Peninsula Oilers Baseball Club's parking lot to the north, a single-family dwelling to the east, eroding bluff lot/Kenai River to the south, and Kenai Bible Church's parking lot and vacant lot to the west. The proposed use would Resolution No. PZ2024-05 Page 2 of 5 be consistent with the development of this area and the zoning district as this would further promote the concentrated commercial development/activity in this area. A RV Park within this area would provide mutual benefits to nearby businesses and encourage walkability. As noted by the applicants, the noise level would be consistent with what has been onsite since 1995 with quiet hours between 10 p.m. and 8 a.m. and Kenai Joe's at the end of the [Cook Drive] street. Furthermore, the applicant states the traffic patterns would be less as RV residence would stay longer than the short-term tourist [they] hosted in the past. 2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired, Findings: The economic and noneconomic value of adjacent properties would not be significantly impaired by the proposal. As noted by the applicant, the property would add value to the property by upgrading landscaping. The proposed landscape plan provides a minimum 4-foot landscape islands separating each RV space with bushes/shrubs and a minimum 5-foot landscape buffer between the properties to the west and east of the subject property. There is existing screening between the subject property and abutting properties to the west and east. Outside Way between the subject property and Kenai Bible Church's parking lot is undeveloped with trees and vegetation. There is an existing 6-foot tall fence followed by the neighboring detached garage between the subject property and the single-family dwelling to the west. The existing screening would minimize the impact of the proposed use on surrounding uses. The applicant has indicated that the RV park would have visitors stay longer periods than the previous use, seasonal vacation rentals. Staff is proposing the following condition for minimum standards for perimeter/buffer and interior landscaping since there are not required minimum standards for perimeter/buffer and interior landscaping between commercial and residential uses in a commercial zone. • Provide a minimum 4-foot landscape island between the RV spaces and a minimum 5-foot perimeter/buffer landscape strip from the interior lot lines to ensure RV space occupants and abutting properties are protected from noise and privacy. A landscaping/site plan has been submitted and will be finalized upon the decision of this CUP to ensure conditions are reflected accordingly. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Mixed Use (MU) land use classification. The MU Land Use Classification is defined in the Comprehensive Plan: Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co -located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. Resolution No. PZ2024-05 Page 3 of 5 The proposed use would be consistent with the development of the surrounding area. The applicant indicated that they will upgrade the landscaping to improve the aesthetics but also provide buffer between the RV spaces and abutting properties. Staff finds the proposed use does not require additional mitigation measures or buffers since there are not any new adverse impacts to consider between the proposed use and surrounding uses. In imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed expansion. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 — Provide economic development to support the fiscal health of Kenai. Objective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer are available along Riverview Drive to serve the proposed RV park. The submitted plans show the proposed service connections and has been reviewed by the Public Works Director with no comments. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: There are adequate services, access, and parking to serve the proposed use. Access to the property is provided by Riverview Drive, a City -maintained gravel road. Staff finds the proposed use would not adversely impact the public safety, health or welfare as the proposed use would be operated similarly to the previous use, a seasonal vacation rental that has operated since 1995 without any code violations. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: No additional or specific conditions are deemed necessary to fulfill the above - mentioned criteria. Resolution No. PZ2024-05 Page 4 of 5 In addition to the above criteria for a CUP, the following specific conditions outlined in KMC Section 14,20.245 Recreational Vehicles must be met prior to the issuance of a CUP for a RV park. 1. Adequate utilities for projected or actual use shall be available. Findings: This condition is met or will be as met as noted in the above Criteria 4 for a CUP. 2. The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. Findings: This condition is met or will be as met as noted in the above Criteria 5 for a CUP. 3. Any and all specific conditions required to comply with the above listed conditions as determined by the Planning and Zoning Commission shall be met by the applicant. Findings: No additional or specific conditions are required that has not be already identified in above criteria for a CUP. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the conditional use permit is granted for a recreational vehicle (RV) park with a maximum of five (5) RV spaces on a property described as Lot 6A Block 19, Kenai Townsite 2018 Addition, located at 813 Riverview Drive in the Central Commercial (CC) Zoning District. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site inspection. 3. Provide a minimum 4-foot landscape island between RV spaces and a minimum 5-foot landscape buffer strip from the interior lot lines to ensure RV space occupants and abutting properties are protected from noise and privacy. 4. The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 13TH DAY OF MARCH, 2024. Resolution No. PZ2024-05 Page 5 of 5 ATTEST: �=z - - Meghan Thibodeau, D y City Clerk STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: March 8, 2024 SUBJECT: Resolution PZ2024-05 — Conditional Use Permit for a Recreational Vehicle (RV) Park Use Located at 813 Riverview Drive Reque.-,- The applicant is requesting to operate a recreational vehicle (RV) park with five (5) RV spaces and full -service hook-ups. Staff Adopt Resolution PZ2024-05 approving the conditional use permit Recommendation (CUP) for a RV park with a maximum of five (5) RV spaces on a property described as Lot 6A Block 19, Kenai Townsite 2018 Addition, located at 813 Riverview Drive in the Central Commercial (CC) Zoning District. Applicant Travis Lofstedt Property Owner Harborside Cottages, LLC Legal Description Lot 6A Block 19, Kenai Townsite 2018 Addition Property Address 813 Riverview Drive KPB Parcel ID 04710319 Lot Size (acreage) 0.36 Zoning Central Commercial (CC) Current Use Vacant (previously, a seasonal vacation rental with 5 cabins) Land Use Plan Mixed Use SUMMARY The applicant has requested for a conditional use permit (CUP) for a recreational vehicle (RV) park with a maximum capacity of five (5) RV spaces. The proposed use will be on approximately 0.36-acre property that are zoned Central Commercial. The subject parcel is vacant but was previously used as a seasonal vacation rental with five (5) cabins. . The proposed RV park with five (5)18' x 30' RV spaces, full service hook-ups, landscaping islands between the RV spaces, and landscaping buffer between abutting properties. ANALYSIh Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting a conditional use permit or amendment, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 9: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and Land Use Table. The land use table indicates a RV Park is a conditional use; therefore, a conditional use permit may be granted for a RV Park subject to meeting conditions listed in KMC for a Conditional Use Permit and Recreational Vehicles. The CC Zone is established to provide for an area of concentrated commercial development. Regulations applying to this zone are designed to encourage a compact group of business of the type which are mutually beneficial and located close enough together to encourage walk-in trade. The subject property is surrounded by the Peninsula Oilers Baseball Club's parking lot to the north, a single-family dwelling to the east, eroding bluff lot/Kenai River to the south, and Kenai Bible Church's parking lot and vacant lot to the west. The proposed use would be consistent with the development of this area and the zoning district as this would further promote the concentrated commercial development/activity in this area. A RV Park within this area would provide mutual benefits to nearby businesses and encourage walkability. As noted by the applicants, the noise level would be consistent with what has been onsite since 1995 with quiet hours between 10 p.m. and 8 a.m. and Kenai Joe's at the end of the [Cook Drive] street. Furthermore, the applicant states the traffic patterns would be less as RV residence would stay longer than the short-term tourist [they] hosted in the past. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Findings: The economic and noneconomic value of adjacent properties would not be significantly impaired by the proposal. As noted by the applicant, the property would add value to the property by upgrading landscaping. The proposed landscape plan provides a minimum 4-foot landscape islands separating each RV space with bushes/shrubs and a minimum 5- foot landscape buffer between the properties to the west and east of the subject property. There is existing screening between the subject property and abutting properties to the west and east. Outside Way between the subject property and Kenai Bible Church's parking lot is undeveloped with trees and vegetation. There is an existing 6-foot tall fence followed by the neighboring detached garage between the subject property and the single-family dwelling to the west. The existing screening would minimize the impact of the proposed use on surrounding uses. The applicant has indicated that the RV park would have visitors stay longer periods than the previous use, seasonal vacation rentals. Staff is proposing the following Resolution PZ2024-05 Conditional Use Permit Recreational Vehicle (RV) Park Page 2 of 5 condition for minimum standards for perimeter/buffer and interior landscaping since there are not required minimum standards for perimeter/buffer and interior landscaping between commercial and residential uses in a commercial zone. Provide a minimum 4-foot landscape island between the RV spaces and a minimum 5- foot perimeter/buffer landscape strip from the interior lot lines to ensure RV space occupants and abutting properties are protected from noise and privacy. A landscaping/site plan has been submitted and will be finalized upon the decision of this CUP to ensure conditions are reflected accordingly. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings_ : The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Mixed Use (MU) land use classification. The MU Land Use Classification is defined in the Comprehensive Plan: Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co -located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. The proposed use would be consistent with the development of the surrounding area. The applicant indicated that they will upgrade the landscaping to improve the aesthetics but also provide buffer between the RV spaces and abutting properties. Staff finds the proposed use does not require additional mitigation measures or buffers since there are not any new adverse impacts to consider between the proposed use and surrounding uses. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed expansion. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2 — Provide economic development to support the fiscal health of Kenai. Ob'ective ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Criteria 4: Public services and facilities are adequate to serve the proposed use. Resolution PZ2024-05 Conditional Use Permit Recreational Vehicle (RV) Park Page 3 of 5 Findings: City water and sewer are available along Riverview Drive to serve the proposed RV park. The submitted plans show the proposed service connections and has been reviewed by the Public Works Director with no comments. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. There are adequate services, access, and parking to serve the proposed use. Access to the property is provided by Riverview Drive, a City -maintained gravel road. Staff finds the proposed use would not adversely impact the public safety, health or welfare as the proposed use would be operated similarly to the previous use, a seasonal vacation rental that has operated since 1995 without any code violations. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. No additional or specific conditions are deemed necessary to fulfill the above - mentioned criteria. In addition to the above criteria for a CUP, the following specific conditions outlined in KMC Section 14.20.245 Recreational Vehicles must be met prior to the issuance of a CUP for a RV park. 1. Adequate utilities for projected or actual use shall be available. Findingr This condition is met or will be as met as noted in the above Criteria 4 for a CUP. 2. The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. Finding. This condition is met or will be as met as noted in the above Criteria 5 for a CUP. 3. Any and all specific conditions required to comply with the above listed conditions as determined by the Planning and Zoning Commission shall be met by the applicant. Findinas: No additional or specific conditions are required that has not be already identified in above criteria for a CUP. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use permit were mailed to property owners within a three hundred -foot (300') periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion at least seven (7) days prior to the date of the hearing. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received. Resolution PZ2024-05 Conditional Use Permit Recreational Vehicle (RV) Park Page 4 of 5 STAFF RECOMMENDATION Staff finds that the requested Conditional Use Permit for the operation of a recreational vehicle (RV) park with a maximum of five (5) RV spaces on a property described as Lot 6A Block 19, Kenai Townsite 2018 Addition, located at 813 Riverview Drive in the Central Commercial (CC) Zoning District meets the criteria and conditions for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code (KMC) 14.20.150 and in subsections (a)(1) through (a)(3) of KMC 14.20.245, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2024-05 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site inspection. 3. Provide a minimum 4-foot landscape island between RV spaces and a minimum 5-foot landscape buffer strip from the interior lot lines to ensure RV space occupants and abutting properties are protected from noise and privacy. 4. The RV park is not to become a nuisance to surrounding properties. The RV park must control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. ATTACHMENTS Aerial Map Application Plans Resolution PZ2024-05 Conditional Use Permit Recreational Vehicle (RV) Park Page 5 of 5 � PZ2024-05 -Conditional Use Permit ti Recreational Vehicle (RV) Park KF.NAI 813 Riverview Drive �r F RIVERVIEW LL. ti r .t a� U) Q Z ti Subject Property 0 Parcels Zoning Central Commercial N Map for Reference Only NOT A LEGAL DOCUMENT 0 50 100 200 Feet Date Printed. 3/812024 City of Kenai Planning and Zoning Department 210 Fidalgo Avenue / Conditional Use Permit Kenai, AK 99611 Application (907) 283-8200 planning@kenai.city www.kenai.city/planning PROPOWOWNER Name: Travis Lofstedt Mailing Address: 8085 E San Bernardo Dr City: Scottsdale IState. JAZ I Zip Code: 185258 Phone Number(s): 480-794-0235 Email: travisazrealtor@gmail.com Name: Mailing Address: City: State: JZip Code: Phone Number(s)- Email: Kenai Peninsula Borough Parcel # (Property Tax ID): 104710319 Physical Address: 813 Riverview Dr Kenai Ak, 99611 Legal Description: T 05N R 11W SEC 5 SEWARD MERIDIAN KN 2019073 KENAI TOwNSITE 2018 ADDN LOT 6A BLK 19 Zoning: Central Commercial (CC) Acres: 0.3 CONDITIONAL USE DES.. „ (include site plan/floor plan with square footages) (inclu&state Business License and •- Tax Compliance it applicable) How is this property currently being used? JSeasonal Vacation Rentals Since 1995 Conditional Use Requested for (attach additional sheets if necessary): The Conditional Use Request is for a proposed RV Park with limited spots (5), that would allow ample space for vegetation and landscaping. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: The current zoning is Central Commercial and world be consistent with what the property has been used as along with the commercial properties surrounding this area. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: The Value of the adjoining property and neighborhood will not be impaired by the conditional use because we would be adding value to the property by upgrading landscaping. This property has been used as a seasonal tourist destination for almost 30 years with no infractions or violations. Use of surrounding property -.north: Parking Lot - Oilers Bingo Hall Use of surrounding :property - south: Mouth of the Kenai. Rlver Use of surrounding property - east: Kenai Bible Church Parking Lot Use of surrounding property - west: lRetidential Home Explain how the conditional use is in harmony with the City's Comprehensive Plan, The conditional use is in harmony with the Citys Comprehensive Plan by, continuing to enhance Old Town Kenai., by bringing tourists and locals to this area to enjoy the walking paths, Visitor Center, restaurants,and businesses. are -public services and facilities on the property adequate to serve the proposed conditional use? Yes, public services and :facilities on the property would be adequate -to serve 5 recreational vehicles:and their owners, with full service hook-ups. Water, Sewer.., Electric, and Trash Bins. Explain how the conditional use will not be harmful to public safety, health., or welfare: The conditional use will not be harmful to public safety, health, or welfare because it allows seasonal guests to utilize the amenities and outdoor space that Kenai has to offer. This property has been used in this capacity since 1995 with no infractions or citations from the city or the police department. _ Are there any measures with access, screening, site development, buildingAesign, or business operation that will lessen potential impacts of the conditional use to neighbors? The neighbors to the west. will be screened from the lot by a20 easement that has old grown trees, shrubs, and tall grass. There are no neighbors to the north, as this is a parking lot and a community:park. To the. east, Mr. and Mrs. Dunn, have been longtime neighbors and are informed and approve of the RV plan. There is already a 6" ;tall wood fence and Building wall screening there from the property. AUTHORITY TO APPLY FOR CONDITIONAL USE: I hereby certify that (I am) (Ihave been authorized to act for) owner of the property described above and that I petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code, I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, ,and that it does not assure approval of the conditional use. I also understand that assigned hearing_ dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above -referenced property, for the purpose of processing this application. 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