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HomeMy WebLinkAboutOrd.2000M-286 20260928 Ordinance No. 2000M-286 An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property; Lot 1, Block 1 of the Replat of Lot 1, Block 1 Rice Drier Commerce Park, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded under County Clerk's File No. 2019050635 of the Plat Records of Brazoria County, Texas (located at 4477 Rice Drier Road, Pearland, Texas). Zone Change Application No. ZON2026-0287, a request by Paul Glenn, applicant, on behalf of 4401 Rice Dryer, Inc., owner, for approval of amendments to the Rice Drier Commerce Park Planned Development, on approximately 2.8185 acres of land; providing for an amendment of the zoning district map; containing a savings clause, and an effective date and other provisions related to the subject. WHEREAS, Paul Glenn, applicant, on behalf of 4401 Rice Dryer, Inc ., owner, requests approval of amendments to the Rice Drier Commerce Park Planned Development, on approximately 2.8185 acres of land ; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit “A,” and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit “B”; and WHEREAS, on the 31st day of August, 2026, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which being attached hereto and made a part hereof for all purposes as Exhibit "C,” said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, submitted its report and recommendation to the City Council regarding the proposed Planned Development, said recommendation attached hereto and made a Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Page 2 of 9 Ord. No. 2000M-286 part hereof for all purposes as Exhibit “D”; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at their regular meeting on the 31st day of August, 2026; and WHEREAS, on the 14th day of September, 2026, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application for approval of amendments to the Rice Drier Commerce Park Planned Development, on approximately 2.8185 acres of land attached hereto and made a part hereof for all purposes as Exhibit “E”, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the Rice Drier Commerce Park Planned Development, is hereby granted approval for amendments, in accordance with all conditions and requirements of the current Unified Development Code and the amendments approved by the City Council; and such property being more particularly described as: Legal Description: Lot 1, Block 1 of the Replat of Lot 1, Block 1 Rice Drier Commerce Park, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded under County Clerk's File No. 2019050635 of the Plat Records of Brazoria County, Texas. General Location: 4477 Rice Drier Road, Pearland, Texas. Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Page 3 of 9 Ord. No. 2000M-286 Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the zone change adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City’s police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Page 4 of 9 Ord. No. 2000M-286 PASSED, APPROVED, and ADOPTED on First Reading this 14th day of September 2026. ________________________ QUENTIN WILTZ MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of September 2026. ________________________ QUENTIN WILTZ MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Page 5 of 9 Ord. No. 2000M-286 Exhibit “A” Legal Description Lot 1, Block 1 of the Replat of Lot 1, Block 1 Rice Drier Commerce Park, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded under County Clerk's File No. 2019050635 of the Plat Records of Brazoria County, Texas . Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Page 6 of 9 Ord. No. 2000M-286 Exhibit “B” Vicinity Map Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Page 7 of 9 Ord. No. 2000M-286 Exhibit “C” Legal Advertisement Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Page 8 of 9 Ord. No. 2000M-286 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter September 1, 2026 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZON2026-0287 Honorable Mayor and City Council Members: At their regular meeting on August 31, 2026, the Planning and Zoning Commission considered the following request: Public Hearing: A request by Paul Glenn, applicant, on behalf of 4401 Rice Dryer, Inc., owner, for approval of amendments to the Rice Drier Commerce Park Planned Development, on approximately 2.8185 acres of land, to wit: Legal Description: Lot 1, Block 1 of the Replat of Lot 1, Block 1 Rice Drier Commerce Park, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded under County Clerk's File No. 2019050635 of the Plat Records of Brazoria County, Texas. General Location: 4477 Rice Drier Road, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed zone change at their regular meeting on August 31, 2026. Applicant was present and available to answer any questions. There was no public comment. The Commission discussed parking for the site, the scope of the area which the amendment applied to, and the possible future growth of the site. After discussion, the Commission made a motion to recommend approval of the requested amendments to the Rice Drier Commerce Park PD and the motion passed by a vote of 7-0. The vote by the Commission constitutes a positive recommendation for Council approval. Sincerely, Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Page 9 of 9 Ord. No. 2000M-286 Katya Copeland, AICP Assistant Director of Planning, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916 Letter of Intent Platted Property at 4477 Rice Drier Rd. is zoned as M-1 Intent: Third Coast, a longtime Pearland Business, intends to build a truck dock height, Pre-engineered ~52,773 SF Metal Building; Also a supporting attached and connected masonry clad, Light frame metal office building, approximately 1,663 SF. (~ 3.2% of warehouse area) We commit to be meet all City of Pearland Ordinances. With the exception of the reduced Office ratio request. Its front facade will be clad with at least 25% masonry, and include less than 25% Metal panel facing, high at the gable center only, all facing the cul-de-sac to the south. Third Coast currently has facilities adjacent at Mykawa, directly the other side of the railroad tracks with a sizable office component. This planned facility is intended primarily for storage, with 4 to 5 truck bays, and no rail transit component. There is not a need for extensive office space on-site. Request: The only exception to the zoning code of ordinances the owner is requesting here is a reduction of office area, with a corresponding parking reduction. We are requesting a reduction of the Business/Office space-to-Warehouse ratio requirement, from 10% of the warehouse area, to 3%. Third Coast is also requesting a corresponding reduction of parking requirements from estimated 47 to an actual 17, as shown on the site plan; as the reduced office needs directly relates to less parking needs. Consider: **Please note the site and building footprint, as shown, is convertible to accommodate both the M- 1 required 10% Office space and a corresponding 47 parking spaces, If and when it is sold or expanded at a future date. **The area directly adjacent to the front drive cul-de-sac, that otherwise would be parking will be landscaped, including trees and irrigated shrub plantings to better screen the warehouse from the street. Exhibit E September 18, 2017 (Ord. 2000M-0162) May 21, 2018 (Ord. 2000M-0171) April 22, 2019 (Ord. 2000M-0181) June 22, 2020 (Ord. 2000M-0198) June 11, 2026 Amendment. Project: Rice Drier Business Park Document: Planned Development Outline modifications affect only Lot 1, Block 1 of the Replat of Lot 1, Block 1 Rice Drier Commerce Park and are shown in bold text A - Project Introduction: 1) Subject Property The existing property is a series of vacant tracts along the west side of North Main Street / State Highway 35 (SH 35). The primary property stretches from: Rice Drier Road on the North, to the drainage ditch on the South; and from the railroad tracks to the SH 35 ROW. A rectangular parcel provides connection from the wedge-shaped parcel to the SH 35 frontage. The surrounding properties are commercial and industrial in land use. Based in the Pearland Zoning Map, the adjacent properties are zoned as: M-1 – Light Industrial, GC – General Commercial, or PUD – Planned Unit Development (West of the train tracks). 2) PROPOSED DEVELOPMENT The proposed development, titled Rice Drier Business Park, would provide for commercial and light industrial land uses with a General Business District designation. The commercial development is proposed for the parcel along the SH 35 frontage. The light industrial facilities are proposed in the western portion of the site, gaining access from Rice Drier Road. The buildings will be either custom built, or built on speculation, in phases, acquiring tenants over time. The light industrial facility is proposed utilizing frontage access from Halik Rd. and exiting at Rice Drier Road, both currently cul-de-sacs end of streets terminating due to Railroad tracks to the west. The building will be custom built. 3) DESCRIPTION OF AREA The proposed development is platted, the description of which follows: 1) A 2.8185 ACRE TRACT OF LAND BEING LOT 1, BLOCK 1 OF THE REPLAT OF LOT BLOCK 1 RCIE DRIER COMMERCE PARK LOCATED IN THE H.T.& B.R. CO. Survey ABSRACT NO. 232 OF THE BRAZORIA COUNTY DEED RECORDS, (B.C.D.R) BY DEED RECORDED IN BRAZORIA COUNTY CLERK’S FILE NO. 2024025852. 4) PURPOSE STATEMENT The purpose of this development is to establish a plan to optimize the available land for commercial traffic patterns near SH 35, and light industrial traffic patterns on Rice Drier Road. ‘M-1’ will be combined with the ‘GC’ district to allow for general business and retail and light industrial establishments along the SH 35 corridor. 5) COMPREHENSIVE PLAN The proposed PD specifically addresses sections 5 (Economic Development) and 7 (Land Use and Character) of the Comprehensive Plan. By allowing the ‘GC’ district requirements to be combined with the ‘M-1’ district, the development will allow for additional revenue generating businesses, as well as an enhanced aesthetic for the SH 35 corridor. This enhanced aesthetic and ability for small business growth are harmonious with the development of the Old Townsite district to the south and the development of the SH 35 corridor. 6) APPLICABILITY The proposed PD meets the requirements of 3, 4,6, and 7, under the applicability section 2.2.2.1 (b) of the UDC. The land is proposed as a major commercial and industrial center located just north of the Old Townsite Business District. The existing ‘M-1’ district is limited in use, and not in keeping with the commercial type of development along SH 35. Combining the ‘M-1’ district with ‘GC’ will allow for a more flexible mixed use type development as well as enhance the aesthetic of the SH 35 corridor. B – Zoning and Land Use 1) The entirety of all previously described properties is currently zoned as ‘M-1’ district. 2) The UDC development standards shall be applied to the areas as designated below: A) The ‘GC’ district, with the 4.34-acre tract (Phase 1) fronting SH 35 to be designated as ‘GC’ only. B) The ‘M-1’ district fronting Rice Drier Rd., 10.66 acres, to be ‘M-1’ district. (Phase 2) C) Land Use Summary Table: Based on current design plans, re: Exhibits A, B, D, and E. USE-Site Development (Phase 1) ACRES PERCENTAGE OF TOTAL ACRES ZONING DISTRICT Detention 3.8517 acres 20.7% (of 18.65 acres) ‘GC’ USE – Phase 1 ACRES PERCENTAGE OF TOTAL ACRES ZONING DISTRICT Building Area – Phase 1 .739 acres 14.9% (of 4.34 acres – phase 1) ‘GC’ Landscaped Area – Phase 1 .82 acres 16.5% (of 4.34 acres – phase 1) ‘GC’ Internal Pedestrian Walks – Phase 1 .085 acres 1.7% (of 4.34 acres – phase 1) ‘GC’ Internal Streets – Phase 1 2.71 acres 54% (of 4.34 acres – phase 1) ‘GC’ USE – Phase 2 ACRES PERCENTAGE OF TOTAL ACRES ZONING DISTRICT Building Area – Phase 2 2.86 acres 26.8% (of 10.66 acres – phase 2) ‘M-1’ Landscaped Area – Phase 2 4.44 acres 41.6% (of 10.66 acres – phase 2) ‘M-1’ Internal Pedestrian Walks – Phase 2 .126 acres 1.2% (of 10.66 acres – phase 2) ‘M-1’ Internal Streets – Phase 2 3.23 acres 30.4% (of 10.66 acres – phase 2) ‘M-1’ USE – Total ACRES PERCENTAGE OF TOTAL ACRES Detention 3.65 acres 19.5% (of 18.65 acres) Building Area 3.59 acres 19.2% (of 18.65 acres) Landscaped Area 5.26 acres 28.2% (of 18.65 acres) Internal Pedestrian Walks .211 acres 1.1% (of 18.65 acres) Internal Streets 5.94 acres 31.8% (of 18.65 acres) 3) The permitted uses for the development shall be as listed in Exhibit J for Use List. Phase 1 (4.34 acres) accessible from SH 35 shall conform to ‘GC’ designated uses. Within Phase 1, Lot 3 may be used for a) the retail sale of propane from a refilling station utilizing a 1,000 gallon storage tank located inside the walled outdoor storage area (as such term is used in the table in section C.3 below), b) the exchange of propane cylinders in the manner as is typically found at a retail store, c) the retail sale of welding gas, feed (packaged for retail sale), hay and forage, and d) outdoor storage in the manner described herein. Phase 2 (10.66 acres) accessible from Rice Drier shall conform to ‘M-1’ and ‘GC’ designated uses. Refer to “Exhibit A” for phase plan and “Exhibit J”. C – Design Standards 1) Signage and landscaping are to be a focal point for the increased aesthetic of the PD. a. Signage: i. Ground Signs – All signage will meet the UDC requirements and additionally all signs shall be of masonry construction consistent with the building design, re: exhibit H. ii. On-Premises Attached Signs – All signage will meet the UDC requirements. b. Landscape: i. Street Frontages – Phase 1 (GC) shall conform to the Corridor Overlay District (COD) requirements, including 30’ setback along SH 35. Phase 2 (M-1), trees along street frontages shall be required to be installed at one caliper inch (1”) per 10 feet of frontage in-lieu of the one caliper inch (1”) per 15 feet of frontage per the UDC guidelines. See attached exhibits F/G. ii. Screening of parking areas and outdoor storage visible from the roadway – Phase 1 (GC) shall conform to the Corridor Overlay District (COD) requirements. Phase 2 (M-1), screening to be provided according the base UDC requirements, total caliper inches of street trees times 5, and the required number calculated based on the base street tree requirements of one caliper inch (1”) per 15 feet of frontage. See attached exhibits F/G. iii. Interior parking areas – parking area trees shall be required to be placed within 65’ of all parking spaces, in lieu of the 100’ required by the UDC. See attached exhibits F/G. iv. Side yards – trees shall be required to be placed in side yards of the GC portion of phase 1 at one caliper inch (1”) per 20’ of property line. See exhibits F/G. v. Irrigation for Rice Drier Rd and Halik Ste– to be provided per the UDC requirements and along Rice Drier Road frontage. vi. Fencing- Fencing in the front yard shall be set back at a minimum of 10” from the front property line. No barbed, or concertina wire allowed. Electric fences are allowed as long as they have landscaping in front of the fencing material. 2) The design plan and attached exhibits are intended to be a general representation of the intent of the PD. Below is a breakdown of the items that are intended to be specific and general. This list is not intended to be comprehensive, but an overview of the intent of the PD. a. Exhibit A – Design Plan – General – This plan has been laid out and coordinated with code requirements. Actual buildings constructed may vary in size from the buildings that are shown, but design intent and layout are consistent with what is to be constructed. Buildings are to be no less than 3,000 sf and no greater than 150,000 sf. i. Areas designated as outside storage shall be screened from adjacent properties per the UDC requirements at the time of construction. ii. Overhead electrical shall be run along the edge of the property, and then underground to the buildings. iii. Fencing to comply with the above section C. 1) b. vi. b. Exhibit B – Open Space Plan – General – As noted above, this plan represents the landscape and open areas that are intended to be designed, but areas may vary based on the final building size. Except for phase 1, lot 3 which has increased open space to 43.8% over the original PD standard of 39.4%. c. Exhibit C – Amenity Plan – General – This plan is intended to show general areas and design features that are proposed but does not include any specific design details or specifications. d. Exhibit D – Phasing Plan – Specific – This plan shows the extents of planned phase 1, which includes the detention for the entire development, as well as construction of buildings in the designated ‘GC’ district. e. Exhibit E – Phasing Plan – Specific – This plan shows the extents of planned phase 2, which includes the construction of buildings in the designated ‘M-1’ district. f. Exhibit F – Landscape Plan – General – This plan shows the intent of the landscape requirements for the ‘M-1’ district, phase 2. While there are specific species of trees and shrubs noted, the plan shows intent only and is not meant to be final. g. Exhibit G – Landscape Plan – General – This plan shows the intent of the landscape requirements for the ‘GC’ district, phase 1. While there are specific species of trees and shrubs noted, the plan shows intent only and is not meant to be final. h. Exhibit H – Schematic Building Plans – Specific – These plans, elevations, and renderings represent the buildings that are intended to be constructed. The size of the buildings may vary slightly to match the sizes listed in exhibit A, but all design elements are represented as they are intended to be included on the final building designs. i. Exhibit I – Schematic Building Plans – General – Actual buildings constructed may vary in size from the buildings that are shown, but design intent and layout are consistent with what is to be constructed. i. Masonry Façade to be provided for a minimum 25% of the exterior, to be placed near entrances adjacent to and visible from public ways. ii. Office areas will vary from a minimum of 3% to a maximum of 50% of the buildings, dependent on the needs of the tenant. 3) Below is a table listing deviations from standards in the base zoning districts: ‘M-1’ / ‘GC’ Current Regulations Proposed Regulations For Warehouse/Office occupancies 10%must be offices For Warehouse/Office occupancies 3% must be offices Parking requirement is calculated based on ratios and areas (SF) by use Parking space minimum based on 1 per 300 sf of office area, and 1 per 5,000 sf of warehouse Ground signs – to meet all standard size and placement requirements of the UDC. PD proposes additional restriction to include masonry construction for ground signs. On-premises attached signs - to meet all standard size and placement requirements of the UDC. PD proposes additional restriction regarding style – All attached signs to be pin-mounted or channel letters or logos and are to be back, or internally lit. No wall cabinets will be permitted. Street Trees – one caliper inch (1”) per 15’ of street frontage PD proposes one caliper inch (1”) per 10’ of street frontage. (Phase 2 - M-1 parcels only) Interior parking areas – every parking space to be within 100’ of a parking area tree. PD proposes every parking space to be within 65’ of a parking area tree. Side yards – no tree requirement currently listed PD proposes one caliper inch (1”) per 20’ of property line. COD Façade Standards - Articulation– break up mass through offsets, provide shading to cast shadows for visual relief PD proposes to provide articulation requirement along the main façade facing south fronting PISD administration building (west façade faces SH35). Phase 1, Lot 3 is excluded from this requirement and will be regulated by standard COD Façade Standards. See “Exhibit H” COD Façade Standards – Materials – architectural metals are prohibited. PD proposes to allow a maximum of 25% of the façade to include architectural metal panels, to be of deep and of varied thickness, to provide visual relief COD Façade Standards – Materials – 25% of an exterior wall facing the thoroughfare shall be transparent. PD proposes to provide the articulation requirement along the main façade facing south fronting PISD administration building. Phase 1, Lot 3 is excluded from this requirement and will be regulated by standard COD Façade Standards . See “Exhibit H” COD Façade Standards – Articulation and Materials (regarding phase 1, lot 3 accessory building only) A 1,250 SF accessory building may be located within the Walled Outdoor Storage Area (discussed below) and will be screened from SH 35 by the fenced enclosure of the Walled Outdoor Storage Area. This PD proposes no articulation or transparency on the accessory building. The accessory building shall be steel framed and sheeted with “R” panels on three sides except for the side facing SH 35 which shall be constructed of CMU. GC Display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the building housing the primary use. (regarding phase 1, lot 3) In addition to the allowed outdoor display adjacent to the building, a Walled Outdoor Storage Area of up to 21,000 SF for the display and sale of merchandise shall be allowed in conjunction with a retail building provided that the Walled Outdoor Storage Area is screened from SH 35 and within a fenced enclosure. 4) All requirements of the respective UDC requirements will be met unless otherwise outlined in the Planned Development package. D – Required Dedications of Land or Public Improvements 1) The detention pond is to be designed to include capacity for improvements to Rice Drier and Halik roads, and drainage easements are in place to convey drainage from such. See attached for details of agreement with the City of Pearland and the Brazoria County Drainage District. E – Phasing Schedule 1) The property is to be developed in 2 phases. Reference attached exhibits D/E. Each building will be developed on its own timeline, independent of neighboring buildings. See attached exhibit J for proposed phasing schedule. This schedule is preliminary and not intended as a final/binding schedule. F – Exhibits 1) Exhibit A – Design Plan (See Ord. 2000M-198) 2) Exhibit B – Open Space Plan (See Ord. 2000M-198) 3) Exhibit C – Amenity Plan (See Ord. 2000M-198) 4) Exhibit D – Phase 1 Plan (See Ord. 2000M-198) 5) Exhibit E – Phase 2 Plan (See Ord. 2000M-198) 6) Exhibit F – Landscape Plan (See Ord. 2000M-198) 7) Exhibit G – Landscape Plan (See Ord. 2000M-198) 8) Exhibit H – Commercial ‘GC’ Schematic Design Plans (See Ord. 2000M-198) a. Building 1 (Commercial) Floorplan b. Building 1 (Commercial) Elevations c. Building 1 (Commercial) Renderings d. Building 1 (Commercial) Renderings 9) Exhibit I – Industrial ‘M-1’ Schematic Design Plans (See Ord. 2000M-198) a. Industrial Buildings – Floor Plans b. Industrial Buildings – Elevations c. Industrial Buildings – Rendering 10) Exhibit J – Phasing Schedule (See Ord. 2000M-198) 11) Exhibit K – Use List (See Ord. 2000M-198) 12) Exhibit L – Landscape Plan for 4474 Rice Drier Road 13) Exhibit M – Industrial Building for 4474 Rice Drier Road Schematic Design Plans a. Industrial Buildings – Floor Plans b. Industrial Buildings – Elevations c. Industrial Buildings – Rendering EXHIBIT L - Landscape Plan Exhibit M a. Industrial Buildings – Building and Office Floor Plans Exhibit M a. Industrial Buildings – Building and Office Floor Plans (cont.) Exhibit M b. Industrial Buildings – Elevations Exhibit M