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Home My WebLink AboutHastings Rezone RZ-06-003 VAC-06-006 RECEIVED JUL 18 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER City 0 Meridian , . rk Office cU'e~di~n-'~'\ \. I.LM:l-tO )y \;., , '1.'<".., ~.. '~~'", ....~'l,~f. . ~ I" J..):,'...... ~- .~.l!~:A"j.;~f~..~~~~ '"Tim In the Matter of Rezone of 3.13 acres from R-4 (Medium Low-Density Residential) to L-O (Limited Office District), AND Vacation of Public Utilities, Irrigation and Lot Drainage Easement on both sides of the lot line common to Lots 46 and 47. Block 49. Lochsa Falls Subdivision No. 12, by Monterey, LLC Case No(s).: RZ-06-003 and V AC-06-006 For the City Council Hearing Date of: July 5. 2006 (Findings on the July 25t\ 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached StaffRtlpurt fur the hearing date of July 5,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 5,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 5, 2006 incorporated by reference) 4. Required Findings ptlr thtl Unified Development Code (see attached Staff Rcport for the hearing date of July 5,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code couifit:d at Title 11 Meridian City Code, and all currcnt zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g II-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-003 IV AC-06-006 - PAGE 1 of 3 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 5,2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the applications. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code g 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for rezone and vacation requests are hereby conditionally approved; 2. The conditions of approval are as shown in Exhibit A of the attached Staff Report for the hearing date of July 5,2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of July 5,2006 CITY Of MERIDIAN FINDINGS OF fACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-003 IV AC-06-006 - PAGE 2 00 By action of the City Council at its rtlgular meeting held on the ~ ,2006. v c .jJ.. 27 - dayof COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED ~ VOTED ~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYORTAMMYde~ERD - VOTED iU~~ ATTEST: Copy served upon: "V'" Ii. "'I' S~l;i!...J ~ E ~ ....ff. D f '$ ~ J&r 15;;'/ "'~ .f 'l --- ,{',' _:- "-? ("\,.-,.. u , ,';,.- ," /1/ -VUN'ri. \\,'- ./ . /111 . \\\\ V f Apphcant Iltllllf! ii\'\\ V Planning Department V Public Works Department V'" City Attorney By: City Clerk's Office Dated: -, ~ 2' -ou> CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-003 IV AC-06-006 - PAGE 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TilE HEARING DATE OF JULY 5. 2006 l STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 7/512006 Mayor & City Council Caleb Hood, Current Planning Manager Hastings Rezone c:::M'e;idi~ " -'\ \ ID.\HO ~ ~ y ~~""'. d_,v.'A/ --7L~li.,A),i1 ~~(f9M . RZ-06-003 Rezone of 3.13 acres from R -4 (Medium Low-Density Residential) to L-O (Limited Office District), by Monterey, LLC . V AC-06-006 Vacation of Public Utilities, hrigation and Lot Drainage Easement on both sides ofthe lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12, by Monterey, LLC 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Monterey, LLC, has applied for a Rezone (RZ) of 3.13 acres from R-4 to L-O (Limited Office). The applicant is requesting the subject property be rezoned so that the zoning ofthis property will match the future land uses (this area was approved for office uses as part of the Lochsa Falls PUD in 2002). The applicant is also requesting that the existing public utilities, irrigation and lot drainage easements on both sides of the lot lines common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12 be vacated. The applicant intends to construct a building across said lot lines. The site is comprised of two recorded lots in Lochsa Falls Subdivision No. 12, which is located on the south side of Chinden Boulevard and on the east side of Long Lake Way in Section 26, Township 4 North, Range 1 Wcst. This sitc is currently vacant. 2. SUMMARY RECOM:MENDATION The subject applications were submitted to the Planning Department for concurrent review. According to the UDC, the Planning & Zoning Commission does not need to make a recommendation to the Council on the vacation application. Howcvcr, bccausc thc subject applications are on the same property, staffhas combined the analysis into one report. The City Council is the final decision making body on the Rezone and the Vacation applications. The Commission should make recommendation to the Council on the rezone request only, RZ-06-003. Staff recommends approval of RZ-06-003 and V AC-06-006 as presented in the staff report for the hearinlZ date of Mav 18. 2006 based on the FindinlZs of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A. NOTE: Decause this is only a rezone application, and no new development is being proposed, there are no conditions of approval. The Meridian Plannin\! and ZoniD\! Commission heard the item on Mav 1St\ 2006. At the public hearin2 they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Nate Hosac 11. In opposition: None iii. Commenting: None IV. Staff presenting application: Caleb Hood v. Other staff commenting on application: None h. Key Issues of Discussion by Commission: i_ Sidewalk requirement on the south side ofthis property, along the north side of Everest Lane (a private street). Hastings Rezone - RZ.06~0031V AC-06-006 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE ~IEARING DATE Of JULY 5. 2006 c. Key Commission Changes to Staff Recommendation: i. Accepted the applicant's willingness to construct a 5-foot wide sidewalk on the south side of the property (see Exhibit A, Comment 1.3) d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval I move to approve File Numbers RZ-06-003 and V AC-06-006 as presented in the staff report for the hearing date of July 5, 2006, with the following changes to the statf report: (add any proposed modifications) . Denial I move to deny File Numbers RZ-06-003 and V AC-06-006 as presented during the hearing on July 5, 2006, tor the tollowing reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Numbers RZ-06-003 and/or V AC-06-006 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2300 W. Everest Lane; South side of Chinden Boulevard, east of Long Lake Way in Section 26, Township 4 North, Range 1 West. b. Owner/Applicant: Monterey, LLC 10221 W. Emerald Street, Ste. 100 Boise, ill 83704 c. Representative: Gene Smith, Engineering Northwest d. Present Zoning: R-4 (Medium Low-Density Residential) e. Present Comprehensive Plan Designation: Mixed Use - Community f. Description of Applicant's Request: The applicant is requesting approval to rezone 3.13 acres of property currently zoned R-4 to L-O. The subject property was previously approved for office uses as part ofthe Lochsa Falls Planned Unit Development and the 20% land use exception. The applicant is proposing to rezone the subject property so that zoning will match the future office uses on this site. Subsequent to the rezone being approved, the applicant intends to construct eight single-story office buildings on this site. One of those office buildings is planned to be located on the lot lines between Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12. Therc is a plattcd utility, drainagc and irrigation casement on both sides of the lot line common to Lots 46 and 47 that is also proposed to be vacated concurrent to the rezone request. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions ofUDC 11-5B-3, a public hearing is required before the City Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006 Council on this matter. b. Newspaper notifications published on: May 1 st and May 15th, 2006 (for Planning & Zoning Commission hearing) and June Ith and 26th, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: April 21 s\ 2006 (for Planning & Zoning Commission hearing) and June 9th, 2006 (for City Council hearing) d, Applicant posted notice on site hy: May Hth, 2006 (for Planning & Zoning Commission hearing) and June 25th, 2006 (for City Council hearing) 6. LAND USE a, Existing Land Use(s): Vacant. b, Description of Character of Surrounding Area: The area along this portion of Everest Lane (private lane) is developing with office uses. Residential uses to the south and east of the site are rapidly being constmcted. c, Adjacent Land Use and Zoning 1, North: Vacant, zoned RUT in Ada County 2, East: Vacant, zoned R-4 (future office), Lochsa Falls Subdivision, 3. South: Residential, zoned R-4, Lochsa Falls Subdivision 4. West: Future School site in Silver Leaf Subdivision, zoned R-4 d. History of Previous Actions: In 2002 a 354 acre 870 lot subdivision and annexation request for Lochsa Falls Subdivision was approved by the City. A Planned Development Site Specific condition of approval requires all future uses within the office phases of this development to obtain CUP approval. Earlier this year, the Commission approved CUP-06- 008, a detailed CUP request for two office buildings on this site, e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Lochsa Falls Subdivision. Everest Lane Location of water: Lochsa Falls Subdivision. Everest Lane Issues or concerns: None. 2, Vegetation: Existing landscaping along Long Lake Way and Chinden Boulevard 3, Flood plain: NA 4, Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: L-O 8. Size of Property: 3.13 acres f Proposed and Required Non-Residential Setbacks: per the L-O zone L-O Standard Front Side 20 feet 10 feet Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 3 CITY Of MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF JULY 5, 2006 Rear Max. Building Height Min. Lot Size Min. Street Frontage 20 feet 35 feet None None g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from existing curb cuts on Everest Lane, a private access street. No access to Long Lake Way or Chinden Boulevard should be allowed to this site. 7. COMMENTS MEETING On April 28, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Mixed Use - Community", and it is currently zoned R-4. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-C has an upper limit on the square footage of non- residential uses and is intended to allow a focused range of uses in close proximity of residential uses. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be providcd at thc public hearing when determining the most appropriate zone for this property. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Require all commercial businesses to install and maintain landscaping." (Chaplt:r V, Gual III, Objective D, Action item 5) The applicant will be required to construct landscaping which complies with the Unified Development Code, when thefilture office buildings are constructed. . "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City_" (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be sen'iced by the City of Meridian 's sanitary sewer and water systems. Sta,Ufinds that the proposal is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists office as a permitted uses in the L-O zone. The Planned Development allowed for office uses in the R-4 zone as of the 2002 approval under the Meridian City Code. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures Hastings Rezone - RZ-06-003N AC-06-006 PAGE 4 CITY Of MERIDIAN PI,,ANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5. 2006 accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a_ Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The applicant is requesting a rezone of this property, primarily because City staff requested that they rezone to clean-up the property_ The applicant is currently entitled to office uses on this site, subject to Conditional Use Permit approval. Staff recommends that this property be zoned to L-O to reflect the future land uses. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed zoning with the UDC, staff believes that the rezoning of this site to L-O is in the best interest ofthe City. Please see Exhibit C for detailed analysis of facts and findings. The rezone legal description submitted with the application (prcparcd on March 15, 2006 by James R. Washburn, PLS) shows the property within the existing corporate boundary of the City of Meridian. All future re-development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development, and the Development Agreement in effect for this site. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. V ACA TION ANALYSIS The applicant has provided nutarized cunsent tu vacate from all uf Lhe major utilities including: Idaho Power Company, Qwest, Intermountain Gas, Cable One and Settlers' Irrigation District. The Meridian Public Works Department also consents to the requested vacation of the public utilities, drainage and irrigation easement along both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12. NOTE: There are no required findings for a vacation application. b. Staff Recommendation: Staff recommends approval of RZ-06-003 and V AC-06-006 as presented in the staff report for the hearing date of May 18. 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A (because this is only a rezone application, there are no conditions of approval.) On Mav 18. 2006 the Planninl! & Zoninl! Commission voted to recommend approval of the subiect rezone application with the Comments listed in Exhibit A. NOTE: Because vacations do uot reauire Commission action. the Planninl! & Zonine Commission did not hear. and therefore did not make a recommendation to the Council on V AC-06-006. 11. EXHffiITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department B. Legal Description C. Required Findings from Zoning Ordinance Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 5 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5. 2006 D. Easement to be Vacated Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR TilE HEARING DATE OF JULY 5, 2006 A. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description prepared by James R. Washburn, PLS, dated March 15, 2006 and submitted with tht: appli<.;atiun is a<.;<.;urate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 All future uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 1.3 Staff reeommefles that siaEl\.,'all( be eOllstrneted The applicant has ae:reed to construct a five foot wide sidewalk on the southern five feet of the subiect property. on the north side of Everest T .ane, as none currently exists. 2. PUBLIC WORKS DEPARTMENT 2.1 This property currently has sewer and water mains installed along its frontage. Public Works has no concerns with the rezone or vacation applications. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMeNT STAff RDPORT rOR TIlE HEARING DATE or JULY 5. 2006 B. Legal Description Enl{ineeringNtJrth West, LLC 423 N. An~r Place, Suite ISO, BoiM:, Idaho 83704 (208) g76-S000. Fu CHIS) 316,5S~ ProjeCt No. 05..:058-01 Date: MlU'ChIS, :2006 LOCHSA. FALLS SUBDIVISION NO. 12 LOTS 46 AND 47, BLOCK 49 REZON.E DESCRIPTION A plUCcl ofJand bcingLtits 46 and 41; Block 49 oflochsa Falls StibdivisionNo" [2,. same is lIho:wn on the PIBtth<<eof recorded in Book 92 of PIaU at Page 1 0958 of Ad II CoUnty R.ecorda"locatedin the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. I W.. B.M., M<<idian; Ada County, Idllho, UlORl pardcuJai'ty ~'bed IS foUows: Commencing at tb(I scc:tiOD comer common to Sections 23, 24, 25 and 26 of said T. 4 N., R. t W.~ Th~ North 8!P38'20" WCllt,. 2630.00 fool on the section tine cammon to said Sections 23 and 26 to tho 1/4 scc:tion comer common to said Sections 23 aDd 26; Thence nwming direction. South 89038'20" East. 199.79 feet; Thence .leaving said sectiOn line South ()(M: l' 4fT' West, 105.00 feet to the northwest Co1'Der ofLol47, BloeU9 ohaid Locluia Falls Subdivision No. 12, said point being,theREAl. POINT OF BEGiNNING; TheneeSouth 89"38'20" East, 440.00 feet on the northerly lot line of said Lots 47 urid46 to the northerly lot comer common to LotB 45 and 46, Block 49 of said SubcUvisloll; TheMC South 00<>21'40" WtiSt. 310.13 feet on the lot line common to said LotlI45 lll1d 46 to the'llOUfhlltly lot comer common to uid Loti! 45'lU'Id 46; , Tbcoce North 89"38'20" West. 44Q.OQ feet on the southerly lot line of said Lots 46 ,and 47 to the southwest 00_ of said Lot 47; 1'hencc North 00"21'40" Bast. 310.13 fC(:ton tbewesterly lot line of said Lot 4110 the real point ofbcgimting. Said parcel contains 3.13 lI1ires mofl!l or less. PREPARED BY: . ~NortlaWest:,. LLC ...,: "~APPRO\lIi~' ...-,... "-'.."1 ,( ~' BV .'," .. .... &lib. R8-2A:ntIluG_ ,':RIClll\N p\j~l.lC James R. Wasbbana, PIJrmKf. flEPT. Paaol,of1 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TilE llJeARING DATE OF JULY 5.2006 ~ ~ uj Ul ~ ~ iii Iii O'v'O~ ~3aNI1 'N 9 ~ ...J en ffi = 0 z ,,: 5 !: @ IS~ "I ~~ ~~ 'C) ~I ,?;; z ~. z ~..~ C) ~ M:: -< l1i' !Xl ~ =~~ I- Z sg (5 @ n.. c::a ..... ~~ ~ f") N Ul Fxhihit R 8 .... (J :-11-: tl.,'I[..., .i;l~ 1(1: II ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING OATh UI. MAY 18.2006 C. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to L~O. Council fmds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan_ Please see Comprehensive Plan Policies and Goals, Section 8, ofthe Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district. specifically the purpose statement; Council finds that professional and personal services (offices) are permitted within thc requested zoning district of L-O. Staff finds that the site is large enough to contain the required parking and landscaping. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and. Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 18, 2006 D. Easement to be Vacated LOCHSA FALLS SllBDIVlSIONNO. 12 LOTS 46 & 47, BLOCK 49 PUBLIC UTILITIES EASEMENT VACATION SCALE:' It "" , 00' ~9. '~fr..i 220.00' 1---- BLOCK ~,i ' ~I' ::~','ljl' S' !!QLP\Jai, Unull~$ , U~T 1'/1 8!! V,4ClH'Ell ~II @ zl, L---- N B9'38'W"W 220.00 .~ S B '38'22: 'L220.00' --~--rl 411 !=I I S' 1- II~ f~ I'") [~ @) l~ @ If~ jlW - - - jjl N a9.J8'20"W~ (PRlVAlE ROAO) W. E\lEREST lANE Exhibit D