HomeMy WebLinkAboutAnalysis & MapsCity of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR
EXCEPTION
FILE ID: 16-01386x
APPLICANT: Nicole Sohn, Esquire, on behalf of the property owner L2 Holdings Miami LLC
PROJECT ADDRESS: 2225 SW 18 Ave
TRANSECT ZONE: T3-R (Sub -Urban Restricted)
NET OFFICE: Coral Way
COMMISSION DISTRICT: District 4
FOLIO: 01-4115-012-0080
A. GENERAL INFORMATION:
REQUEST: Pursuant to Chapter 2, Article IV, Division 2, Section 2-212 (c), Non -Conforming
Use Pilot Program of the Miami Code of Ordinances, the applicant requests an Exception to
restore a nonconforming use located in a T3-R (Sub -Urban Restricted) Transect Zone.
B. BACKGROUND:
The subject property is located on a corner lot within the New Shenandoah Subdivision and
the Coral Way NET area. The subject site is approximately 13,093 sq. ft. and is generally
bounded by SW 22 Terrace to the north and SW 18 Avenue to the east. The complete legal
description is on file with the Hearing Boards Section.
Above: Vicinity map and aerial view of subject site (2225 SW 18 Avenue) outlined in blue.
2225 SW 18 Avenue / 16-01386x
Page 1 of 3
The subject site contains an existing structure of 3,719 sq. ft. and a surface parking lot. On
January 2, 1985, the subject structure was converted from a single-family residence into a
medical office (Building Permit #85-808, Certificate of Use# 080690). Under the 11000 Zoning
Ordinance, the site was zoned R1.
When the City changed its zoning ordinance and adopted Miami 21 in April of 2010, the site
was subsequently rezoned to T3-R (Sub -Urban Restricted). Under this zoning, office uses are
not permitted. On January of 2013, the medical office ceased its operations and the Certificate
of Use (C.U. #080690) for Medical Office was closed.
On July 15, 2016, the new owner (L2 Miami Holdings LLC) of this site approached the City
of Miami's Zoning Administrator to request an extension of the expired C.U. and the
conversion of the nonconforming use from a medical office to a general office.
Exception per Chapter 2, Division 2, Section 2-212(c) of the City Code, Nonconforming
Use Pilot Program
City Code, Chapter 2, Division 2, Section 2-212(c), (attached as Exhibit A) established a
Nonconforming Use Pilot Program in that, a Certificate of Use for a nonconforming use that has
lapsed or discontinued for a period of 18 months but less than five years, may be reinstated
through the process of Exception before the City Commission. Applications requesting an
Exception per the Nonconforming Use Pilot Program must comply with the criteria as stated
below:
1. The nonconforming use was originally legally established and operated at the time. Pursuant
to records verified by the Planning and Zoning Department, the property was permitted as
transitional use for office with off-street parking. Building Permit # 85-808 was issued on
January 2, 1985, for a conversion of the subject property from single-family residential use
to a medical office use with a surface parking lot. Furthermore, based on Building
Department's records, a Certificate of Use #080690 for Medical Office was active through
January of 2013.
2. If in a structure, the nature and character of the nonconforming use is substantially the same
as that for which the structure was originally designed. The applicant seeks to establish a
general office use within an existing structure property. The proposed plan states that the
office may accommodate a maximum occupancy of thirty-two (32) people; however, the
applicant proposes to accommodate a staff of 15 people. Based on microfilm records, the
approved legal nonconforming use (Medical Office) allowed a maximum occupancy of thirty-
two (32) people. The maximum occupancy allowed for the proposed property complies with
the nonconforming use, size of the property and parking. The proposed office use will not alter
the existing character and nature of the property. Hence, the nonconformity use is
substantially similar as that for which the structure was originally designed.
3. No material difference in the quality, character intensity or degree of the nonconforming use
will exist or greater compliance with the Miami 21 Code is provided. The proposed plans show
no alteration, addition nor any extension to the existing footprint of the building, landscaping
and parking. The proposed plans show only minor alterations and updates to the existing
indoor design layout. The existing ADA ramp located to the east side of the building complies
with the current ADA requirements and maintains the purpose to provide access for the
physically impaired, pursuant to Florida Accessibility Code for Building Construction.
4. The nonconforming use will not prove materially adverse to the surrounding properties
pursuant to Article 4, Table 12, of the Miami 21 Code. The applicant proposes to maintain the
original architectural characteristics of the property in order to mitigating any visual and
physical impact that could potentially affect the surrounding properties and disrupt the intent
2225 SW 18 Avenue / 16-01386x
Page 2 of 3
of the character of single-family residential neighborhood, pursuant to Article 4, table 12 of the
Miami 21 Code.
In this case, the original nonconforming use (medical office) was legally converted and
established by the Building Department on January 2, 1985. The conversion of the
nonconforming use medical office use to a general office use is substantially the same. There
is no material difference in the quality, character, intensity, or degree of the nonconforming
uses as requested. Lastly, the nonconforming use will not prove materially adverse to the
surrounding properties.
C. RECOMMENDATION:
Staff has reviewed the applicant's request and supporting documentation, Based on research
and materials provided, staff supports the approval of the Exception under the Nonconforming
Use Pilot Program, per Chapter 2, Division 2, Section 2-212(c) of the City Code with the
following conditions:
1. The development shall be substantially in accordance with the plans as prepared by M.
Averhoff Architecture entitled "La Casita" consisting of three (3) sets, dated stamped
received by the City of Miami Hearing Boards on July 27, 2016.
2. The applicant or successor in interest shall comply with all applicable requirements of all
departments / agencies as part of the City of Miami permitting process.
3. The Applicant shall submit a final landscape plan in accordance with Article 9 entitled
"Landscape Requirements" of the Miami 21 Code to be approved by the Director of the
Planning and Zoning Department or his or her designee prior to submitting for a building
permit.
4. Failure to obtain a Certificate of Use for the General Office will result in this use in being
revoked.
5. This Exception is non -transferable and limited solely to the "Applicant" (L2 Holdings Miami
LLC). Any change of use, transfer of ownership, or extension/ addition to the existing
structure of the property will automatically rescind this Exception and shall require an
approval of a new Permit fully in compliance with the Codes and Regulations pursuant to
Miami 21 Code of Ordinances.
Exhibit A- City of Miami Legislation Nonconforming Use Pilot Program, Chapter 2, Article IV,
Division 2, Sec. 2-212(c).
Exhibit B- Building Permit # 85-808 dated January 2, 1985
Jacqueline Ellie
Acting Chief i4 Land Development
Report prepared by Luiz Vicentini, Planner 110/17/2016
2225 SW 18 Avenue / 16-01386x
Page 3 of 3
EXHIBIT A
CITY OF M IAM I LEGISLATION; CHAPTER
2, ARTICLE IV, DIVISION 2, SEC. 2-212 (C)
NONCONFORMING USE PILOT
PROGRAM.
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00761 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING
AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION
2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE
THE PILOT PROGRAM THROUGH AUGUST 1, 2016, TO ADD LANGUAGE TO
CLARIFY THE PARAMETERS FOR RENEWAL OR REINSTATEMENT OF
CERTIFICATES OF USE FOR NONCONFORMING USES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicable portions of the Code of the City of Miami, Florida, as amended
("City Code"), provide regulations and criteria to reinstate discontinued and abandoned uses that are
nonconforming; and
WHEREAS, the intent of the City Code is to allow a certificate of use for a nonconforming use
which lapsed for a period of more than six (6) months, but for less than 18 months, to apply for a
warrant to have the use reinstated as long as the use has received an exception under Miami 21
Section 7.2.6; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, if the nonconforming use is located within a structure, that the nature and
character of the nonconforming use be substantially the same as that for which the structure was
originally designed; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, the nonconforming use will not provide material difference in the quality,
character, intensity, or degree of the nonconforming use if reinstated; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, the nonconforming use will not prove materially adverse to the surrounding
properties if reinstated; and
WHEREAS, the City Commission desires to allow a certificate of use for a nonconforming use
which has been discontinued for a period in excess of eighteen (18) months and less than five (5)
years to be reinstated by an exception process as described in Miami 21, subject to conditions and in
conformity with Miami 21 Section 7.2.6;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION FOR THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as fully set forth in this Section,
City of Miami
Page 1 of 4
File Id:15-00761 (Version: 1) Printed On: 6/29/2015
File Number: 15-00761
Section 2. Chapter 2/Article IV/Division 2 of the City Code is amended in the following
particulars;{1 }
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2, PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-212. Nonconforming use pilot program.
(a) It is the intent of this program In order to encourage economic development and notwithstanding
any contradictory provisions in the City Code or zoning ordinance including Section 7.2.6(d) of Miami
21, the following pilot program is hereby instituted fora period of -two -years and and will automatically
terminate on August 1, 2013 20.152016,, unless-otherwise-ti- tended -ley affirmative vote of the Cit-y-
Commissien-by,
+;b} fal Discontinuance or abandonment of a nonconforming use -six (6) months or less.
A certificate of use for any nonconforming use which has lapsed may be renewed so long as no
material difference in the quality, character, intensity, or degree of the nonconforming use will exist;
and the use has not been discontinued or a the certificate of use has not lapsed for longer than six (61
months:; and is in conformity with Miami 21 Section 7.2,6.
4s) (b) Discontinuance or abandonment of a nonconforming use -more than six (6) months but less
than eighteen (18) months,
If a nonconforming use is documented as has been discontinued or abandoned or a certificate of use
for aanonconforming use lapses has Lapsed for a period of more than six (6) months_butfor less than
eighteen (18) months, the nonconforming use may be permitted to continue, and a certificate of use
renewed, by process of warrant. The procedure and criteria for the warrant process shall be as
detailed in the zoning ordinance. In order to restore a nonconforming use by warrant, the following
criteria shall be applicable in addition to the criteria set forth in Miami 21: be established and confirmed
by the planning department:
(1) The nonconforming use was originally legally established and operated at the time the use began;
(2) If in a structure, the nature and character of the nonconforming use is substantially the same as
that for which the structure was originally designed;
(3) No material difference in the quality, character, intensity, or degree of the nonconforming use will
exist; and
(4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to
City of Miami Page 2 of'4 File Id: 15-00761 (Version: 1) Printed On: 6/29/2015
File Number; 15.00761
Article 4, Table 12 of the Miami 21 Code.
{ (c)_Discontinuance or abandonment of a nonconforming use -eighteen j18) months or more and
Jess than five (5) years.
If a nonconforming use is documented as discontinued or abandoned or a certificate of use for a
nonconforming use lapses for a period of more than eighteen (18) 48 months and Tess than five (5)
years, any subsequent use shall fully conform to the current regulations of the zoning ordinance
unless an exception is granted by the City Commission. In order to restore a nonconforming use by
exception, the following criteria shall be applicable in addition to any criteria established in Miami 21:
(1) The nonconforming use was originally legally established and operated at the time the use began;
12) If in a structure, the nature and character of the nonconforming use is substantially the same as
that for which the structure was originally designed;
(3) No material difference in the quality, character, intensity, or degree of the nonconforming use will
exist; and
(4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to
Article 4, Table 12 of the Miami 21 Code.
Any time periods rcfl
caused by governmental aotien-which-impeded access to the property.
(d) This section shall only apply to nonconforming uses that were lawful at the time the use was
established but would not be permitted under Miami 21, and the amortization period has not expired
pursuant to Section, 7.2.6 of the Miami 21 Code,
(e) No certificate of use may be issued, extended, reinstated, or renewed for the following:
Si) Uses for which a certificate of use has been revoked or suspended by the Zoning
Administrator; or
(ii) Uses which were not legal at the time they were established; or
(iii) Any nonconforming Structure or any Structure containing a nonconforming Use that
becomes unsafe or unlawful by declaration of the City of Miami, Miami
Dade County Unsafe Structures Board, or other governmental agency having jurisdiction; or
(iv) Any nonconforming use that has been discontinued or abandoned or a certificate of use for a
nonconforming use that has lapsed for a period of more five (5) years
(f) Nothing in this section shall be construed to permit the extension of any use nor the issuance of a
certificate of use for any use for which the amortization period set forth in Miami 21 Section 7.2.6 has
expired.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
City of Miami Page 3 of 4
File Ill; 1540761 (Version: 1) Printed On: 6/29/2015
File Number: 15-00761
APPOVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes;
{1} Words and/or figures stricken through shall be deleted, Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged, Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami
Page 4 of 4
File Id: 15-00761 (Version: 1) Printed On: 6/29/2015
EXHIBIT B
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EXHIBIT A
CITY OF M IAM I LEGISLATION; CHAPTER
2, ARTICLE IV, DIVISION 2, SEC. 2-212 (C)
NONCONFORMING USE PILOT
PROGRAM.
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00761 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING
AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION
2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE
THE PILOT PROGRAM THROUGH AUGUST 1, 2016, TO ADD LANGUAGE TO
CLARIFY THE PARAMETERS FOR RENEWAL OR REINSTATEMENT OF
CERTIFICATES OF USE FOR NONCONFORMING USES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicable portions of the Code of the City of Miami, Florida, as amended
("City Code"), provide regulations and criteria to reinstate discontinued and abandoned uses that are
nonconforming; and
WHEREAS, the intent of the City Code is to allow a certificate of use for a nonconforming use
which lapsed for a period of more than six (6) months, but for less than 18 months, to apply for a
warrant to have the use reinstated as long as the use has received an exception under Miami 21
Section 7.2.6; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, if the nonconforming use is located within a structure, that the nature and
character of the nonconforming use be substantially the same as that for which the structure was
originally designed; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, the nonconforming use will not provide material difference in the quality,
character, intensity, or degree of the nonconforming use if reinstated; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, the nonconforming use will not prove materially adverse to the surrounding
properties if reinstated; and
WHEREAS, the City Commission desires to allow a certificate of use for a nonconforming use
which has been discontinued for a period in excess of eighteen (18) months and less than five (5)
years to be reinstated by an exception process as described in Miami 21, subject to conditions and in
conformity with Miami 21 Section 7.2.6;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION FOR THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as fully set forth in this Section,
City of Miami
Page 1 of 4
File Id:15-00761 (Version: 1) Printed On: 6/29/2015
File Number: 15-00761
Section 2. Chapter 2/Article IV/Division 2 of the City Code is amended in the following
particulars;{1 }
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2, PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-212. Nonconforming use pilot program.
(a) It is the intent of this program In order to encourage economic development and notwithstanding
any contradictory provisions in the City Code or zoning ordinance including Section 7.2.6(d) of Miami
21, the following pilot program is hereby instituted fora period of -two -years and and will automatically
terminate on August 1, 2013 20.152016,, unless-otherwise-ti- tended -ley affirmative vote of the Cit-y-
Commissien-by,
+;b} fal Discontinuance or abandonment of a nonconforming use -six (6) months or less.
A certificate of use for any nonconforming use which has lapsed may be renewed so long as no
material difference in the quality, character, intensity, or degree of the nonconforming use will exist;
and the use has not been discontinued or a the certificate of use has not lapsed for longer than six (61
months:; and is in conformity with Miami 21 Section 7.2,6.
4s) (b) Discontinuance or abandonment of a nonconforming use -more than six (6) months but less
than eighteen (18) months,
If a nonconforming use is documented as has been discontinued or abandoned or a certificate of use
for aanonconforming use lapses has Lapsed for a period of more than six (6) months_butfor less than
eighteen (18) months, the nonconforming use may be permitted to continue, and a certificate of use
renewed, by process of warrant. The procedure and criteria for the warrant process shall be as
detailed in the zoning ordinance. In order to restore a nonconforming use by warrant, the following
criteria shall be applicable in addition to the criteria set forth in Miami 21: be established and confirmed
by the planning department:
(1) The nonconforming use was originally legally established and operated at the time the use began;
(2) If in a structure, the nature and character of the nonconforming use is substantially the same as
that for which the structure was originally designed;
(3) No material difference in the quality, character, intensity, or degree of the nonconforming use will
exist; and
(4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to
City of Miami Page 2 of'4 File Id: 15-00761 (Version: 1) Printed On: 6/29/2015
File Number; 15.00761
Article 4, Table 12 of the Miami 21 Code.
{ (c)_Discontinuance or abandonment of a nonconforming use -eighteen j18) months or more and
Jess than five (5) years.
If a nonconforming use is documented as discontinued or abandoned or a certificate of use for a
nonconforming use lapses for a period of more than eighteen (18) 48 months and Tess than five (5)
years, any subsequent use shall fully conform to the current regulations of the zoning ordinance
unless an exception is granted by the City Commission. In order to restore a nonconforming use by
exception, the following criteria shall be applicable in addition to any criteria established in Miami 21:
(1) The nonconforming use was originally legally established and operated at the time the use began;
12) If in a structure, the nature and character of the nonconforming use is substantially the same as
that for which the structure was originally designed;
(3) No material difference in the quality, character, intensity, or degree of the nonconforming use will
exist; and
(4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to
Article 4, Table 12 of the Miami 21 Code.
Any time periods rcfl
caused by governmental aotien-which-impeded access to the property.
(d) This section shall only apply to nonconforming uses that were lawful at the time the use was
established but would not be permitted under Miami 21, and the amortization period has not expired
pursuant to Section, 7.2.6 of the Miami 21 Code,
(e) No certificate of use may be issued, extended, reinstated, or renewed for the following:
Si) Uses for which a certificate of use has been revoked or suspended by the Zoning
Administrator; or
(ii) Uses which were not legal at the time they were established; or
(iii) Any nonconforming Structure or any Structure containing a nonconforming Use that
becomes unsafe or unlawful by declaration of the City of Miami, Miami
Dade County Unsafe Structures Board, or other governmental agency having jurisdiction; or
(iv) Any nonconforming use that has been discontinued or abandoned or a certificate of use for a
nonconforming use that has lapsed for a period of more five (5) years
(f) Nothing in this section shall be construed to permit the extension of any use nor the issuance of a
certificate of use for any use for which the amortization period set forth in Miami 21 Section 7.2.6 has
expired.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
City of Miami Page 3 of 4
File Ill; 1540761 (Version: 1) Printed On: 6/29/2015
File Number: 15-00761
APPOVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes;
{1} Words and/or figures stricken through shall be deleted, Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged, Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami
Page 4 of 4
File Id: 15-00761 (Version: 1) Printed On: 6/29/2015
EXHIBIT B
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IMMINSICIPFITIMMELIEIN
•
COVENANT
REOU ED
PROVIDED /
0 ING
RESOLUTION
FIRE ZONE,
NDSCAPE
IRE (1.40
'PREVENTION,
OSEWER
NE
GRADE
'-• STATE H L
PERMIT
STATE HEALTH
0
DEPARTMENT
BUILDING'
•GRO660
0 ER PERMIT•REOU ED
LECTRIGAL • OF • •X:AVING
PLUMBING, , .LANDSCAPE
ECHARICAL_ 0 POOL 01)EMOLITION
REE REMQV I T 09R IT
O. 61E0
U. REQUIRED
, pmmertts iiAND 1.1SE navtgrwi,#.„'
•
J741( nog, DING SO FT
Dailding ez, Zoning Dept.. Ofrice:. INSWCTOR'S COPY
I Certified
- I.
iv aar .;i ( •
n(1
. O. t3E. P. R. 0,
RTIFICATION
RE AIRS
OSON. TEST REQUIRED
COST FEE
SO.FT. CP,
INSOVBS ARO SLI , tra'l
CHECK #
FOR INSPECT10
TOTAL
CALL 578.4800
, • • E9800.Etoo REV.
T3-R
'BISCAYNE BOULEVARD•
SETBACK AREA
N
MIAMI 21 (EXISTING)
16-01386x
• •--.
SW 18TH AVE
•
SW22ND ST
Coral Way
Beautification
Master PIaW(Zone 4)
•
SW 22ND TER
SW 23RD ST
•
•
•
•
•
•
s--0)-�+--l-�
•
■
•
•
•
T3-R
ADDRESS: 2225 SW 18 AV
0 75 150
1 1 1
300 Feet
1
0 60 120
1 i I
240 Feet
AERIAL
16-01386x
ADDRESS: 2225 SW 18 AV
A