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HomeMy WebLinkAboutResolution No. PZ2025-07 C 101, �7wll \\ N CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-07 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A LODGE AND GUIDE SERVICE OF A SINGLE-FAMILY DWELLING. APPLICANT: Tower Rock Lodge, LLC PROPERTY ADDRESS: 1235 Angler Drive LEGAL DESCRIPTION: Lot 14-A, Block 1, Anglers Acres Sub Beaver Creek Replat KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939058 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on January 30, 2025; 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 February 26, 2025, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. 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 RR Zone is intended to provide for low density residential development in outlying and rural areas in a fonn which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment, (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment, (B) Generate heavy traffic in predominantly residential areas. Resolution No. PZ2025-07 Page 2 of 4 The proposed use would not necessarily violate the residential character of the neighborhood as it would function/remain as a single-family dwelling and be seasonally used as a Lodge and Fishing Guide Service. Furthermore, the proposed use is not anticipated to generate heavy traffic as the use is limited to the single-family dwelling, and there is adequate parking available. The existing density would remain unchanged since there is no proposed alteration to increase the number of dwelling units. Staff finds that the proposed use meets the intent of the RR zoning district. 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 proposed use is similar to other properties on Angler Drive, where there are several Lodges and Guides in operation. The City has not received any complaints involving 1235 Angler Dr. Staff finds the proposed use, similar to the nearby properties, would not have an adverse impact on the neighborhood and adjoining properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. 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 Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: Low Density Residential because of location or poor site conditions is intended for large- lot single-family low-density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. Additionally, the applicant states the impact on the area will be minimal giving they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. Furthermore, they intend to plant trees and shrubs to replace cleared spruce beetle infestations, especially along the property lines. They also intend to add privacy fences with revegetation to add privacy for both them and the neighbors. Future plans involve a gravel path to protect the wetlands, and using fill dirt and vegetation conducive to the environment to rebuild barren ground left from the over-clearing by previous owners. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 —Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Resolution No. PZ2025-07 Page 3 of 4 Goal 2 —Economic Development is to 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. Goal 3—Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-1 Establish siting and design standards so that development is in harmony and scale with surrounding issues. Objective LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. Goal 8—Environmental Resources:Protect and enhance the natural resources and environment of the community. Objective ER-2 Development plans should include provisions to avoid or minimize impacts on environmental resources such as the dunes, bluffs and wetlands. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Angler.Drive is a paved road, which is a City-maintained road. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare,- Finding : There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, the proposed use will not be harmful and the impact on the neighbors would be minimal. It falls into line with other property uses in the area, and their company has been in the fishing and lodging business for over 30 years, with an immaculate record. There is a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion. Resolution No. PZ2025-07 Page 4 of 4 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: Staff finds that allowing a Lodge and Fishing Guide business in the existing single-family dwelling would not cause any adverse impacts on the surrounding properties. Staff finds that additional specific conditions are not deemed necessary to fulfill the above- mentioned conditions. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to operate a Lodge and Guide Service in the existing single-family dwelling on the property described as Lot 14-A, Block 1 of the Angler Acres Subdivision Beaver Creek Replat, located at 1235 Angler Dr. 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26T" DAY OF FEBRUARY, 2025 JO AL T D, CHAIRPERSON ATTEST: W4,17r, Meghan Thibodeau, beputy City Clerk STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Beth McDonald, Planning Administrative Assistant DATE: February 26, 2025 SUBJECT: Resolution PZ2025-07—Conditional Use Permit—Lodge and Guide Service Request The applicant is requesting to operate a Lodge and Guide Service at the existing single-family dwelling. Staff Adopt Resolution PZ2025-07 approving a Conditional Use Permit to Recommendati operate a Lodge and Guide Service in a single-family dwelling. Applicant: Tower Rock Lodge, LLC—Joseph Chambers Legal Description: Lot 14-A, Block 1, Anglers Acres Sub Beaver Creek Replat Property Address: 1235 Angler Drive KPB Parcel No.: 04939058 Lot Size: 88905.96 square feet(2.041-acres) Zoning: Rural Residential (RR) Current Use: Single Family Dwelling Land Use Plan: Low Density Residential (LDR) The applicant is requesting to operate the existing single-family dwelling as a Lodge and Guide Service.A Conditional Use Permit(CUP) is required to operate the existing single-family dwelling as a Lodge and Guide Service. ANALYSIS 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, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. Findings: The RR Zone is intended to provide forlow density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: (A) Preserve the rural, open quality of the environment; (B) Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. The proposed use would not necessarily violate the residential character of the neighborhood as it would function/remain as a single-family dwelling and be seasonally used as a Lodge and Guide Service. Furthermore, the proposed use is not anticipated to generate heavy traffic as the use is limited to the single-family dwelling, and there is adequate parking available. The existing density would remain unchanged since there is no proposed alteration to increase the number of dwelling units. Staff finds that the proposed use meets the intent of the RR zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is similar to other properties on Angler Drive, where there are several Lodges and Guides in operation. The City has not received any complaints involving 1235 Angler Dr. Staff finds the proposed use, similar to the nearby properties, would not have an adverse impact on the neighborhood and adjoining properties. Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 2 of 5 Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Find' The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject property with the Low Density Residential (LDR) land use classification. The LDR Land Use Classification is defined in the Comprehensive Plan: Low Density Residential because of location or poor site conditions is intended for large-lot single-family low-density residential development. The area will typically be developed with individual on-site water supply and wastewater disposal systems. Streets will typically be constructed to rural street standards(i.e., gravel)and sidewalks will not be typically included in the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion with zoning category. The surrounding uses are a mix of residential and commercial/recreation uses. The proposed use would be compatible with the existing uses and would not require any buffer between surrounding uses since most lots are approximately an acre. Additionally, the applicant states the impact on the area will be minimal giving they have no intent to remove vegetation or heavily modify the natural aesthetics of the property. Furthermore, they intend to plant trees and shrubs to replace cleared spruce beetle infestations, especially along the property lines. They also intend to add privacy fences with revegetation to add privacy for both them and the neighbors. Future plans involve a gravel path to protect the wetlands, and using fill dirt and vegetation conducive to the environment to rebuild barren ground left from the over-clearing by previous owners. As stated by the applicant, the proposed use of a Lodge and Guide Service is consistent and in harmony with several goals in the 2016 Comprehensive Plan, specifically Goals 1, 2, 3 and 8 listed below. In imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 —Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 2— Economic Development is to 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. Goal 3— Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-9 Establish siting and design standards so that development is in harmony and scale Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 3 of 5 with surrounding uses. Objective LU-3 Review existing zoning and subdivision codes to determine if they address current and future land uses adequately. Goal 8 — Environmental Resources: Protect and enhance the natural resources and environment of the community. Objective ER-2 Development plans should include provisions to avoid or minimize impacts on environmental resources such as the dunes, bluffs and wetlands. Criteria 4: Public services and facilities are adequate to serve the proposed use. Findings: City water and sewer is not in the vicinity of the subject property but onsite water and wastewater treatment and disposal systems are in place. The applicants are required to be in compliant with wastewater disposal requirements of Kenai Peninsula Borough Chapter 20.40 and regulatory requirements of the Alaska Department of Environmental Conservation. Angler Drive is a paved road, which is a City-maintained road. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. Findings: There is adequate parking and buffer for the proposed use to minimize the impact to the surrounding area. It is not anticipated that the continued use will be harmful to the public safety, health or welfare. As noted by the applicant, the proposed use will not be harmful and the impact on the neighbors would be minimal. It falls into line with other property uses in the area, and their company has been in the fishing and lodging business for over 30 years, with an immaculate record. There is a natural buffer zone around the properties, and they intend to maintain and enhance those zones for a feeling of privacy and seclusion. 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. Findings: Staff finds that allowing a Lodge and Guide business in the existing single- family dwelling would not cause any adverse impacts on the surrounding properties. Staff finds that additional specific conditions are not deemed necessary to fulfill the above- mentioned conditions. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use 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. 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. Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 4 of 5 INo public comments have been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for a Lodge and Guide Service in the existing single-family dwelling on the property described as Lot 14-A, Block 1 of the Angler Acres Subdivision Beaver Creek Replat meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2025-07 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. ATTACHMEN _ Aerial Map Application Site Plan Angler Acres Subdivision Beaver Creek Replat Resolution No. PZ2025-07 Conditional Use Permit Lodge and Guide Service Page 5 of 5 Q m r m 0 0 a) a) N N j -O C CCl N 0 0 •C O -p 0 a C C 3 is w -0 (A -a v 2 d c a v a c m a m o .N. aj CCau ai '�a 3 ai .? iv m m au R N C J� J d N � N i 7 7 Q N tp /r N ex: m cr V' m CD .� Q N @O f el-O /J 1= ■ . ■■■ J a a m i+ or m • t 9 • f N Y • z a '• r + E o o AX Ot N C �n E � _ - z iF . „F . K•�� � Y G a � ♦ r ' T°o a � z m c � m tee, f_. • a.� .c c Ln 1if y2.a.. o A 15 ..,e ASl _ E 0 W L N N Q .�• ■ r Q° CL .r v= f • ( y ca E x d r E • r c A ` 3 v c 3 1. •_ � ►� r illo� City of Kenai ?Ienning and Zoning Department Conditional Use Permit 21.0FiJaigoAvonLe Kenai,AK 99811 Application (907)283-8200 plann ing@kenai.city mm.kenalbtylplanning PROPERTY • . OWNER - F Name: Tower Rock Lodge LLC Whiling Address: 35555 Kenai Spur Hwy#222 City: soldotna State: JAK I Zip Code: 199669 Phone Number(s): �oefishlng.chambers@gmall.com 303) 884-1254 (907)953-2656 Email: NONE) Name: Joseph chambers Mailing Address: 35555 kenai spur highway#222 City: soldotna I State: JAK Zip Code: 199669 Phone Number(s): 303 8841254 Email: .joefishing.chambersqqmall,com PROPERTY • Kenai Peninsula Borough Parcel#(Property Tax ID): 104939058 Physical Address: 1235 angler drive kenai, ak 99611 Legal Description: ANGLERS ACRES SUB BEAVER CREEK REPLAT LOT 14-A BLK 1 Zoning: rural residential Acres: 2.04 CONDITIONAL USE DESCRIPTION (include site plan/floor plan with square footages) (include State Business License and KPB Tax Compliance if applicable) .WM How is this property currently being used? liong term rental/unoccupied Conditional Use Requested for(attach additional sheets if necessary): Short term rental and base of operations for lodging,fishing charters and dining for onsite guests. Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: The conditional use is consistent by way of providing short term rentals and a hub for our outdoor centered recreational business. Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use: The adjoining properties will not be significantly impaired by our use given the seclusion of the property relative to the neighbors (myseff soon being one of them!).Additionally, our impact on the area and property would be minimus given we have no intent to remove vegetation or heavily modify the natural asthetics of the poperty. Use of surrounding property-north: private residence Use of surrounding property-south: (in the process of purchasing property) Use of surrounding property-east: (beaver creek) Use of surrounding property-west: commercial short term rental (also in process of purchasing) Explain how the conditional use is in harmony with the City's Comprehensive Plan: Providing adeaquate lodging, fishing, dining and Alaska experiences from a well established business without the detriment to the neighborhood nor natural environment. the conditional use is within goals 1,2,3,4 and 8 of the comprehslve plan. Are public services and facilities on the property adequate to serve the proposed conditional use? Yes. Explain how the conditional use will not be harmful to public safety, health, or welfare: If anything, I believe our conditional use would only improve public safety, health and welfare. Our company, Tower Rock Lodge, has been in the fishing and lodging business over 30 years and have immaculate record. Are there any measures with access, screening, site development, building design, or business operation that will lessen potential impacts of the conditional use to neighbors? Yes. Given the natural buffer zone around the properties,the impact on neighbors would be minimal.As described, we intend to maintain and enhance these buffer zones. It is our goal to give the feeling of privacy and seclusion, minimizing impact on neighbors and enhancing our guest experience. AUTHORITY TO APPLY FOR CONDITIONAL USE: I hereby certify that(I am) (I have 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. Signature: I Date: 12/8/2024 Print Name: Joseph Nip Chambers Title/Business: ITower Rock Lodge LLC Date Application Fee Received: For City Use Only PZ Resolution Plumber: TO: City of Kenai Zoning and Planning Commission FROM: Tower Rock Lodge LLC(Joe Chambers) Re: Conditional Use Permit for 1235 and 1305 Angler Drive Introduction: Tower Rock Lodge(TRL)has been in business since 1992, providing our guests with lodging, meals, and fishing trips, providing them with years of unforgettable Alaskan experiences.TRL seeks to move location from outside of city limits to within the city limits of Kenai.Three adjacent parcels are the venue planned for TRUs new home-1230 Angler Drive(guest housing), 1235 Angler Drive(eventually a guest dining area along with cabins), and 1305 Angler Drive planned for housing guides.The transition of 1235 and 1305 from a residential home to a base of operations for a fishing lodge will be an evolution over years.While the"plans"put forth are indeed plans,they are contingent on the success of our business over the next 3-4 years.Thus these plans put forth are an idealized scenario. I feel it best to fully disclose any plans for the future state of the property under the notion that these are idealistic.Any deviation from these plans put forth would be in the direction of`less" rather than "more". For example,we might find that adding additional guest cabins (phase II) is unnecessary in the future along with making significant modifications to 1235 by converting it to a guest dining area.We might find that what is already in place is perfectly sufficient.As mentioned, I feel it best to disclose what path our business takes in modifying the properties based on the growth of our business. Therefore,what I have put forth in this application is in phases. Phase 1—Short Term Rentals During Summer 2025 Phase I during the summer of 2025, is fairly simple with minimal impacts to the surrounding neighborhood and could be largely seen as"business as usual'with some minor additions that would be both beneficial to us as well as our neighbors.With a CUP, both 1305 and 1235 will be used as short term rental during the summer of 2025. Improvements to the property include revegetating the landscape post spruce beetle infestation.Trees and shrubs will be planted throughout the property, especially along property lines, providing us and our neighbors more privacy.Additionally, privacy fences will be added in conjunction with the revegetation to add to privacy for both us and our neighbors.These"Ilving fences"will be around 50 ft in length and not extend the whole property line. The hope is to utilize both of these properties(1235 and 1305)for short term rental during the summer of 2025. Recently the land owner cleared a good portion of land between the buildings and beaver creek.While this would have not been my choice,what is left is barren ground with root wads and potholes gathering moisture. Fill dirt will need to be brought in to cover the aftermath so that it can be leveled, replanted with vegetation conducive to the environment.After this area is leveled a small gravel path from 1235 to the 1306 walkway will also be added.Additionally, much of the beetle has been removed on both properties.This change has allowed for ample parking. These parking areas however will need to be leveled and gravel added. Note that most of our guest and boat parking will likely occur on our other property across the street(1230), because it is very important to us to not remove any more trees nor vegetation in order to maintain the aesthetics and privacy. Phase 1.6—Moving Our Dry Cabins from our Present Property Phase 1.5 is to occur in the fall of 2025,which consists mostly of moving our small staff dry cabins(8'x12)to 1305 Angler Drive_These dry cabins are solely used for our employees and are not available for short term rental.After summer 2025, 1305 will not be available for short term rental, but will house our guide staff as well myself and wife.At this time we will also look into replacing the dock. It is of wood construction and certainly is nearing the end of its life. Phase II—Converting 1235 Building to a Dining Hall and Kitchen. Phase 11 would occur anywhere from 3 to 5 years from now or not at all depending on the success of the business and our direction of growth. Likely at the least,we would like to convert the 1235 building into a dining hall and kitchen with seating up to 16 guests. Historically we've served meals to our guests and we would like to maintain the tradition. If we see an apparent need, eventually we would like to add an additional three guest log cabins.While it would be years before we undergo such a venture, I believe it's worth mentioning. I0' K N A City of Kenai 1210 Fidalgo Ave,Kenai,AK 99611 7794 1 907.283.75351 www 6nai.city AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I hereby certify that I have posted a Notice of Public Hearing as prescribed by Kenai Municipal Code 14.20.280 (d)on the property that Joe Chambers �r (Name of Applicant) has petitioned for a ,�1�1a..l7,/ vSC. UXYt.�' far l�� � GvlcCr The notice was posted on the date of �/� ` Z� ,which is at least 10 days Lrior to the public hearing on this petition. I acknowledge this Notice must be posted so as to be visible from each improved street adjacent to the property and must be maintained and displayed until -all public hearings have been completed. I acknowledge that the Notice must be removed within 5 days after the hearing. 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