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Z - Signed Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN, AND DECISION&ORDER A In the Matter of the Request for a Development Agreement Modification to Enter into a New Development Agreement to Allow Self-Storage,Vehicle and Equipment Rental of Vehicles and Equipment with Outdoor Display,and Ancillary Retail on 6.86 acres in the C-G Zoning District,by Gurnoor Kaur,Amerco Real Estate Company. Case No(s).H-2021-0101 For the City Council Hearing Date of: February 8,2022 (Findings on February 22, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 8, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 8,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 8, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 8, 2022, 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. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 8,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 8,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. F. Attached: Staff Report for the hearing date of February 8,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101) -2- By action of the City Council at its regular meeting held on the 22 day of February 2022 COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-22-2022 Attest: Chris Johnson 2-22-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-22-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101) -3- EXHIBIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 2/8/2022 Legend w DATE: F• ;eo Lxo:on TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner SUBJECT: H-2021-0101 Meridian U-Haul Moving and Storage ° LOCATION: 1230 and 1270 E. Overland Rd. and RB Parcel#R8257510015, at the northwest corner of E. Overland Rd and S. Locust Grove Rd. I. PROJECT DESCRIPTION Request for a Development Agreement Modification to enter into a new development agreement to allow self-storage,vehicle and equipment rental of vehicles and equipment with outdoor display, and ancillary retail on 6.86 acres in the C-G zoning district,by Gurnoor Kaur,Amerco Real Estate Company. A conditional use permit is being processed concurrently with this request. II. APPLICANT INFORMATION A. Applicant/Representative: Gurnoor Kaur,Amerco Real Estate—2727 N. Central Ave, Ste 500, Phoenix,AZ, 85004 B. Owner: Adler AB Owner 1,LLC—8665 W. Emerald St. Ste 200,Boise,ID, 83704 III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in newspaper 1/18/2022 Notification mailed to property owners within 300' 1/14/2022 Applicant posted public hearing notice sign on site 1/28/2022 Nextdoor posting 1/14/2022 Page 1 Page 147 Item#10. IV. BACKGROUND This is a proposal for a development agreement modification to allow self-storage,rental and outdoor display of vehicles and equipment, and ancillary retail to allow a U-Haul business.A conditional use is being processed concurrently with this request through the Planning Commission. The property consists of three lots totaling 6.86 acres. It was annexed into the City in 1999 as the Overland Storage Annexation(AZ-99-018,DA Instr. # 100029704,Preliminary Plat PP-99-015). The development agreement allows only the construction,development and use of a self-service storage facility consisting of eight buildings of various sizes and one caretaker unit pursuant a conditional use permit. A Conditional Use Permit(CUP-99-033)was approved for this use in October of 1999 and a final plat was recorded in 2002 (Pack it Up Subdivision,FP-00-005). There was also a parcel boundary adjustment approved in 2021 to allow consolidation of properties(PBA 2020-0006). The approved self-storage facility was never developed. Staff and the applicant have had numerous discussions regarding the location of a new facility, and due to the location, surrounding uses, and C-G zoning this particular location was selected. However, in addition to self-storage,as is typical for a U-Haul facility,the applicant intends to display U-Haul trucks and equipment for rental. A conditional use permit is required for these uses in the C-G zone district.As the existing development agreement is very specific to allowed uses,the applicant is also pursuing a request through the City Council for a development agreement modification to allow the outdoor display and ancillary retail. V. ANALYSIS Existing Development Agreement Section 4.1 (Uses Permitted by This Agreement)of the Overland Storage Development Agreement reads as follows: "The construction, development,use,and maintenance of a ministorage facility consisting of eight buildings of various sizes and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscape/common area requirements,right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes." Section 6.1.1 (Conditions Governing Development of the Subject Property)lists the same allowance, with the clarification that"ministorage buildings of various sizes not to exceed 80,430 sq. ft. in total" are allowed. The applicant proposes to modify Section 4.1 as such: "The uses allowed pursuant to this Agreement are those uses allowed under City's Zoning Ordinance codified at Section 11-213-2 and Complied Ordinances of the City of Meridian and further limited to: The construction,development,use, and maintenance of a ministorage facility consisting of at least eight buildings of various sizes; a caretaker unit, an interior climatized self-service storage facility with a related retail sales showroom, outside self-storage facility,a warehouse and,vehicle (truck and trailer) rentals with outdoor display; which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscape/common area requirements,right-of-dedication prior to submitting for building permits, signage restrictions, and bike lanes." Page 2 Page 148 Item#10. Staff Response: Staff notes the C-G zoning district allows vehicle sales,rental and service as a principally permitted use, equipment rental, sales and service, and self-storage facilities by conditional use, and warehousing and outdoor storage as an accessory use. Staff believes the simplest method to achieve the applicant's intent is to terminate the existing development agreement and enter into a new development agreement that requires compliance with the submitted site plan,landscape plan and building elevations. VI. DECISION A. Staff: Staff recommends the City Council approve termination of the Overland Storage Development Agreement(Instr. # 100029704) and establishment of a new development agreement to include the following provisions: 1. Future development of the site shall comply with the site plan, landscape plan and conceptual building elevations for the self-storage and rental facility included in Section V11. and the provisions contained herein. 2. Uses on the property shall conform with the uses codified in UDC Table 11-2B-2 and the specific use standards set forth in UDC 11-4. B. The Meridian City Council heard this item on February 8,2022.At the public hearing the Council moved to approve the subject development agreement modification request. 1. Summary of the City Council public hearing: a. In favor: Gurnoor Kaur b. In opposition:None C. Commenting: Gurnoor Kaur d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 3 Page 149 Item#10. VII. EXHIBITS A. Development Agreement Legal Description and Exhibit Map(date: 10/1/2021) PARCEL I- LOT 1 IN BLOCK 1 OF PACK TT UP SUBDIVISION,ACCORDING TO THE PLAT THEREOF,FILED IN BOOK 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO. PARCEL II: A PARCEL OF LAND BEING ALL OF LOT 5,AND A PORTION OF LOT 2IN BLOCK 1 OF PACK IT UP SUBDIVISION LOCATED IN THE SOUTHEASTQUARTER OF SECTION 16,TOW NSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO SHOWN AS PARCEL'B'ON RECORD OF SURVEY NO-6228.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CID M MENCING AT THE SO UTII EAST CORNER OF SAID SECTION 1S,FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION BEARS SOUTH 69'44'18"WEST,26496.119 FEET,TH ENCE SOUTH 89"44'16"WEST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 AND THE CE NTERLINE OF W EST OVERLAND ROAD FOR A DISTANCE OF 11197.27 FEET;THENCE LEAVING SAID BOUNDARY AND CENTERLINE NORTH 00'Z8'51"EAST FOR A DISTANCE O F 4&DO FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF W EST 13VERLA.N D ROAD AND THE SOUTHWEST CC RHER OF LOT 3 BLOCK 1 OF PACK IT UP SUBDIVISION,BEING THE REAL PC INT OF BEG INNI NG;TH ENCE NORTH DW28'51'EAST ALONG THE WEST BOUNDARY OF SAID LOT 3 EKTE LADED FOR A DISTANCE OF 165.40 FEET;THENCE SOUTH 89'51'09"EAST FOR A DISTANCE OF 195.56 FEET TO THE NORTH EAST CORNER OF SAID LOT 3;THENCE SOUTH 00"28'51"WEST ALONG THE EAST DO UNDARY OF SAID LOT 3 FOR A DISTANCE OF 162.67 FEET;THENCE SOUTH 89"44'18"WEST ALONG THE SOUTH BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 195.57 FEET TO THE REAL POINT OF BEGINNING- PARCEL III: A PARCEL OF LAND BEING LOT 1,BLOCK 1,OF SWIN DELL SUBDIVISION,A RECORDED 5U BDIV15I0N ON FILE IN BOOK 113 OF PLATS AT PAGES 165D6 TH ROU GH 16510,RECOR D5 OF ADA CO UNTY,IDAH O,AND A PORTION OF LOT 2,BLOCK 1,OF PACK IT UP 5UBDVISION, A R ECORDED SUBDIVISION ON FILE IN BOOK 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO,SITUATED IN THE SOUTHEAST 0'0 F 5 ECTION 19,TO W NSH I P 3 NO RTH,RANG E 1 EAST,BOISE M ER IDIAH,CITY 0 F M ERIDIAN,ADA COUNTY,I DAHO, AND AS SHOWN ON RECORD'DF 5 URV EY INSTRUM ENT NU M BE R 21120-172777,AND MORE PARTICULAR LY DESCRI BED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1,BLOCK 1,OF SWI N DELL SUBDIVISION; THENCE ALONG TH E W ESTERLY BO UNDARY OF SAID LOT 1 NORTH 29°04'02"W EST 183.41 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALO NG SAID SOUTHERLY BOUNDARY AND THE WESTERLY EXTEN5I0H THEREOF NORTH EW32'27'WEST 358.06 FEET; THENCE SOUTH W27'33"W EST 165.411 FEET TO THE NORTHERLY RIG HT-0E-WAY OF OVERLAND ROAD; THENCE ALONG SAI D NORTHERLY R IG HT-D F-WAY SOUTH 89'43'00"WEST 30-DO F EET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY AND ALONG SAID SOUTHERLY BOUNDARY OF LOT 2 NORTH 0'27'33'EAST 165-79 FEET; THENCE CID NTIN U INC ALONG SAID SOUTHERLY&DUN DARY NORTH 89"3Z27"WEST 209.44 FEET TO TH E WESTERLY BO UNDARY OF SAID LOT 2; THENCE LEAVING SAID SOUTHERLY BOUNDARY AND ALONG 5AID W ESTERLY BOUNDARY NORTH W27'33"EAST 483.50 FEET TO THE NORTH ER LY BOU NDARY OF 5AI D LOT 2; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALO NG SAID NORTHERLY BOUNDARY NORTH 51'25'14'EAST 21.63 FEET; THENCE CD NnN U ING ALONG SAID NORTHERLY BOUN DARY SOUTH 66'23'15"EAST 410.39 FEET TO THE NO RTH ER LY BOU N DARY OF SAID LOT 1,BLOCK 1,OF SWIN DELL SUD DIVISIO N; THENCE LEAVING SAID NORTHERLY BOON DARY OF LOT 2 AND ALONG SAID NORTHER LY BOUNDARY OF LOT 1 SOUTH 64°24'55"EAST 51.53 FEET TO THE W ESTERLY RIGHT-OF-WAY OF LABRADOR WAY; THENCE ALONG SAID W E5TERLY RIGHT-OF-WAY THE FOLLOW ING B COURSES: ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT 75.64 FEET,SAID CURVE HAVING A RADIUS OF 62.00 FEET;A CENTRAL ANGLE OF 69'53'57',AND A CHORD BEARING SOUTH 2920'13"EAST 71.03 FEET; THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE RIGHT 16A1 FEET,SAID CURVE HAVING A RADIUS OF 20.00 FEET;A CENTRAL ANGLE OF 51"35'Sd',AND A CHORD BEAR ING SO UTH 38'29'37"E45T 17.40 FEET; THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE LEFT 2.8.49 FEET,SAID CURVE HAVING A RADIUS OF 102.00 FEET;A CENTRAL ANGLE OF 1153"00'03",AND A CHORD BEAR ING SO UTH 20-42'03"EAST 28.39 FEET; THENCE SOUTH 28'42'04"EAST 355-66 FEET; THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE RIGHT 74.20 FEET,SAID CURVE HAVING A RADIUS OF 173.00 FEET A C ENTRAL ANG LE OF 24'34-21",AND A CHORD DEARING SOUTH 16324'54"EAST 73-83 FEET; THENCE SOUTH 34'07'17"WEST 25.82 FEET TO TH E PO INT OF DEC I NNI NG. Page 4 Page 150 Item#10. a A9' 10b0'�3' }y 39' a0'A'lu3'E L] N Bp'3� c I.14'S5"E LA IS 89M3'p0'11' ]0.00' YB'25'04 69.19' S fAZ9']2"E LS M 5125'11'E 21.93' If i H L LL 15.09' 5P�Y}.S' l2g@' ry ty21"9"E L6 N O'2Y17"E .00' E' EL •E L1 . H p'aT33"E CN.pO' .r riE 37 ( I I — I I _ cy . ' wl SSs w of PARCEL III 1250 DVERLAND ROAD 5.32f ACRES �_ ���• II + x vn Pdllf]INGS OASEPVEp I'•_ I I Er nF I� PARCEL I 1230 OVERLAND ROAD ! PARCEL II c� 0.80f ACRES 13_ 1274 OVERLAND ROAD 0,74t ACRES g E� to N I -1 r•: I# _ £ -E ELH ..E£ tl� I- Ix In �' w� I zl c PLH i.l �i .L'>♦. I. a rnncEL u I A r�� 1 5 89-00W W 209-48' 89'4.]'Oa"w 5-19s Y' In 1. �V--_2635�1 ��r— 1 — I I ��1. —— —— —A _ •I �s� z _ �~ L III O HIM E OWRLAIJO ROAD seev]oo• _ 8A-9S OE B�AAGNGS Page 5 Page 151 Item#10. B. Existing Development Agreement Language USES PERMITTED BY THIS ,AGREEMENT: 4,1 The uses allowed pursuant to this Agreement are those Uses allowed under"City"'s Zoning Ordinance_codified at Section 11-2-408 B 11 Revised and Complied Ordinances of the City of Meridian and further limited to: The construction,development, use, and maintenance of a min istorage facility consisting of eight buildings of various sizes and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscape%ommon area requirements, right-of-way dedication prior to submitting for building permits,signage restrictions,and bike lames. 6. CONDITIONS GOVERINING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer"shall develop the "Property" in accordance with the following special conditions: 6.1.1 The construction, development,use,and maintenance of a ministorage facility consisting of mi.nistorage buildings of various sizes not to exceed 80,430 square feet in total of all such buildings and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscape/common area requirements,right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. Page 6 Page 152 Item#10. C. Site Plan/Landscape Plan(date: 8/12/2021) IT H LI LL - E - EL E o ere ] [-TIO ET T T E 43 'I l•. III 0 EL— 1 0 1 a El s . II �JL �1 ❑d pN _ + . ' S IL E E L I r 4 1 1 IT - - — r -- - ——- -- EL _ _ -E H- -LEE ' L i V4 - E - EL E ll 0 i T4 l EL II ` ELL dl ul Ir m If. DI 'EL III __ oI Q ETE I I_TM Page 7 Page 153 Item#10. D. Landscape Plan(date:November 12,20210 P tl I T-I H L I LL EL C L i Fff I 4 T I- LE EL 11 E L- E L- EL 11 E E +-LEE --TWr-T I T Page 8 E. Building Elevations d. 6/1/2021) .k s IN ONTROLLED JIM EAST ELEVATION:BUILDING A MRIV fir' w - . I a �rf RYE-UP SYOfL4 ■■■■■, � LOA1l1NLOA6 I ■■■,■, I ■■■■■■ ■■■■■■ II I� _ .. _ ■.■■■■ •I ■■■■■■ ■■■■■■ II•I ■■■■.■ III III:: ■■■■■■ l�.gi�l ■■■■■■ ,-ry ■■■■■■ �� / ■■■■■■ SOUTH ELEVATION.BUILDING A NORTH ELEVATION,BUILDING A WEST ELEVATION: I- -f BUILDING Pagea •- Item#10. P ORWE-UP_ STORAGE r` l l l l 171 1 1 1 l f L_I__L_L_L_J _ _ OUTH ELEVATION:BUILDING 13 EAST ELEVATION:BUILDING B DRIVE-UP I 5'f pFtAGt I Ll 74 - IURTH ELEVATION=BUILDING B WEST ELEVATION_BUILDING B :ale:s•=xa• vase:t•=2w AIPZ YAIAti YvuJw.M 'SIERRA fAN' 'BONE WHITE" 'SER1ap,TWq' — 'SRNDSTSNJE' 'R11"ROCK' 0 AThS 0 ATAS sANn:,rnNr" ra3ocrxnrr SDTRM-1 P STORAGE SW 6%7 4QI3ARR3M- �-- VOOOT7tJE E GFAIJITE" OINC 8 AlAB VwQwTONE ATAS uIERRA FAN' 'RNFJR ROCK- -,gANTO - ATAS SIN 6A51 'SAN TONE" 'NLIRILIW-GREEN' 6ESf RAW-1-COM ATAS SWtiT6T 'RCG4L GAK-41['� L J'GAU'ALl1A�=' 'A:x1PfllI.1M" OR[ft-UP STORAW L YiuwL_ H f - I I I I ILI ---7rip 7177 I_ _ --T� _ ING B — — Page 10 Page 156 Item#10. — ATAS RIGID WALL II ATAS ISOLEREN ML MFN122 12"CORNICE DETAIL STUCCO EMBOSSED VERTICAL HORIZONTAL SANDSTONE ATAS SIERRA TAN RIGID WALL II MPN122 DRIVE-UP HORIZONTAL STORAGE SIERRA TAN G'H X G'D ARCHITECTURAL AWNING DETAIL I WOODTONE RUSTICSERIES LAP � p1 II' WHITE GRANITE JAMES HARDIE 8"D(POSURE SOUTH ELEVATION:BUILDINGS s�0ia:ins.=1• BEST PANEL COMPANY WOODTONE ATAS REVOLUTION SERIES RUSTTCSERIES LAP RIGID WALL II -TUMBLED RIVER ROCK MFN12 ATAS REGAL OAK JAMES HARDIE HORIZONTAL RIGID WALL II B"EXPOSURE GALVALUME MFN122 HORIZONTAL SIERRA TAN u�Au� ATAS ISOLEREN ML D- STUCCO EMBOSSED VERTICAL STORAG0741SANDSTONE dlllllll EAST ELEVATION_BUILDING B srsie:irls•-1 Page 11 Page 157