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ANALYSIS FOR
CHANGE OF ZONING
FILE ID 2635
PROJECT ADDRESS: 2765 S Bayshore Drive and 2850 Tigertail Avenue, Miami, Florida.
APPLICANT: 2850 Tigertail Investments, LLC and 2701 Bayshore Commercial, LLC.
COMMISSION DISTRICT: 2 (Ken Russell) NET OFFICE: Coconut Grove
ZONING DESIGNATION: T5-0 (Urban Center — Open) and T6-8-0 (Urban Core — Open)
Prepared by: Rafael Rodriguez, Planner I
GENERAL REQUEST:
Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant has
applied for a Change of Zoning located at approximately 2765 South Bayshore Drive and 2850
Tigertail Avenue Miami, Florida. The applicant proposes to rezone 2765 South Bayshore Drive
and the northwest portion of 2850 Tigertail Avenue from T5-0 (Urban Center - Open) to T6-8-O
(Urban Core - Open) and downzone the southeast portion of 2850 Tigertail Avenue from
T6-12-0 (Urban Core — Open) to T6-8-0 (Urban Core — Open). The proposed rezoning does not
require a FLUM amendment. The related folios of the subject parcels are 01-4121-199-0040 and
01-4121-384-0020. A complete legal description of the property is on file at the Hearing Boards
Office.
BACKGROUND:
The subject parcels comprise approximately 43,494 square feet (approximately 0.998 acres) of
land in which a one-story commercial structure with surface parking currently exists. The subject
property is bounded by Tigertail Avenue to the northwest, Cornelia Drive to the northeast, Mary
Street towards the west and to the south the subject property faces the rear of abutting properties.
The subject property has a dual Transect Zone of T5-0 (Urban Center — Open) to the northwest
and T6-12-0 (Urban Core — Open) to the southeast. Additionally, the subject property lies within
the Coconut Grove NET area and an Area of Specific Designation; the Coconut Grove
Neighborhood Conservation District. The subject property is currently designated Restricted
Commercial in the City's Future Land Use Map (FLUM) of the City's Comprehensive
Neighborhood Plan.
MIAMI 21 (EXISTIING)
FILE ID: 2635
REZONE
AERIAL
FILE Io- 2635
REZONE
.pt
61.3
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As shown in the above Zoning Map, the subject property is surrounded by mixed -uses. To the
northeast across Tigertail Avenue are two multi -family residential towers, to the west of the subject
property across Mary Street lies a series of mixed uses such as Office, Commercial and a Public
Parking structure, three 20-story multi -family residential tower consisting of 296 residential units
to the east, and commercial uses to the south.
As stated previously, the applicant proposes to rezone 2765 South Bayshore Drive and the
northwest portion of 2850 Tigertail Avenue from T5-O (Urban Center - Open) to T6-8-O (Urban
Core - Open) and to downzone the southeast portion of 2850 Tigertail Avenue from T6-12-0
(Urban Core — Open) to T6-8-O (Urban Core — Open).
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN:
The requested change of zoning is consistent with the current Miami Comprehensive
Neighborhood Plan (MCNP) designation of Restricted Commercial for the property, and therefore
a companion future land use amendment is not necessary.
EXISTING NEIGHBORHOOD CHARACTERISTICS:
ZONING FUTURE LAND USE DESIGNATION
Subject Properties: Subject Properties:
T5-O: (Urban Center -Open) Restricted Commercial
Maximum of 65 D.U. per acre
T6-12-0: (Urban Core -Open) Restricted Commercial
Maximum of 150 D.U. per acre
NORTH: T5-O: (Urban Center -Open) Med. Den. Restricted Commercial
Maximum of 65 D.U. per acre
SOUTH: T6-12-0: (Urban Core -Open) Restricted Commercial
Maximum of 150 D.U. per acre
EAST: T6-12-0: (Urban Core -Open) Restricted Commercial
Maximum of 150 D.U. per acre
WEST: T5-O: (Urban Center -Open) Restricted Commercial
Maximum of 65 D.U. per acre
In regards to the uses allowed, below is an excerpt of Article 4, Table 3 of Miami 21 Code to
illustrate the additional uses allowed with the proposed change of zoning. The Chart shows the
change of zoning request will increase the intensity of allowed uses and density specifically for
the portion being rezoned from T5-0 to T6-8-O by right or through administrative or Board
approval.
File ID 2635
Page 2 of 7
Excerpt of Article 4, Table 3 of Miami 21 Code
DENSITY (UNITS PER ACRE)
RESIDENTIAL
SINGLE FAMILY RESIDENCE
COMMUNITY RESIDENCE
ANCILLARY UNIT
TWO FAMILY RESIDENCE
MULTI FAMILY HOUSING
DORMITORY
HOME OFFICE
LIVE - WORK
WORK -LIVE
LODGING
BED & BREAKFAST
INN
HOTEL
OFFICE
OFFICE
COMMERCIAL
AUTO -RELATED COMMERCIAL ESTAB.
ENTERTAINMENT ESTABLISHMENT
ENTERTAINMENT ESTAB. ADULT
FOOD SERVICE ESTABLISHMENT
ALCOHOL BEVERAGE SERVICE ESTAB.
GENERAL COMMERCIAL
MARINE RELATED COMMERCIAL ESTAB.
OPEN AIR RETAIL
PLACE OF ASSEMBLY
T5
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65
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File ID 2635
Page 3 of 7
RECREATIONAL ESTABLISHMENT
CIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
RELIGIOUS FACILITY
REGIONAL ACTIVITY COMPLEX
CIVIL SUPPORT
COMMUNITY SUPPORT FACILITY
INFRASTRUCTURE AND UTILITIES
MAJOR FACILITY
MARINA
PUBLIC PARKING
RESCUE MISSION
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
COLLEGE/UNIVERSITY
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE / HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING / VOCATIONAL
ANALYSIS:
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The following is a review of the request of change of zoning of 2765 South Bayshore Drive and
the northwest portion of 2850 Tigertail Avenue from T5-O (Urban Center - Open) to T6-8-O (Urban
Core - Open) and to downzone the southeast portion of 2850 Tigertail Avenue from T6-12-0
(Urban Core — Open) to T6-8-O (Urban Core — Open). pursuant to the criteria in Article 7, Section
7.1.2.8 (a)(3) & (f)(2) of Miami 21.
File ID 2635
Page 4 of 7
Criteria 1
A change may be made only to the next intensity Transect Zone or by a Special
Area Plan, and in a manner which maintains the goals of the Miami 21 Code to
preserve Neighborhoods and to provide transitions in intensity and building
heights.
Analysis of
Criteria 1
The subject site is comprised of two parcels within one block totaling 43,494
square feet with more than 200' of street frontage along Tigertail Avenue. The
proposed change of zoning represents a tangible impact to the characteristics
encountered in the area. As noted earlier in the report, the site's surrounding
area is zoned T5-0 (Urban Center — Open) and T6-12-0 (Urban Core — Open)
and although the proposed rezone incorporates some similar uses consistent
with the current allowable uses; considering the surrounding areas transect
zones especially their transition in height, the proposed rezoning of T5-0 to T6-
8-0 will result in an isolated pocket with T6-8-0 surrounded by T5-0 to the north
east and west and T6-12-0 to the south.
After analyzing the site conditions and surrounding context, staff finds that the
proposed rezoning from T5-0 (Urban Center - Open) to T6-8-0 (Urban Core -
Open) for the northwest portion of 2850 Tigertail Avenue and T6-12-0 (Urban
Core — Open) to T6-8-0 (Urban Core — Open) for the southeast portion of 2850
Tigertail Avenue is not compatible with the existing development patterns,
heights, multi -family and urban fabric uses in the immediate neighborhood.
Finding 1
The request is not consistent with the goals and objectives of the Miami 21 Code.
Furthermore, the proposed rezoning will create a T6-8-0 island where T5-0
currently exists cohesively with its neighboring T5-0 properties to the north east
and west. In addition, the requested rezoning will increase the height of the
buildings allowed for the portion being rezoned from T5-0 to T6-8-0,
Additionally, the applicant has provided two covenants. One for the property at
2761 Bayshore states that the owner restricts the use of this site as a plaza use
and design in accordance with the City of Miami Zoning Ordinance 13114, as
amended, Miami 21 Code. The second covenant for the property at 2850
Tigertail Avenue restricts the maximum height permitted to not exceed 123-feet.
An eight -story structure is the maximum allowed by right for the site. The ground
floor may have a maximum height of 25-feet, with seven floors above with a
maximum height of 14-feet. With the limitations FLR of T6-8, there is an
expectation that a project will struggle to get above eight stories, so the covenant
is barely a restriction because it is was is allowed by right.
Criteria 2
A change may be made only to the next intensity Transect Zone or by a Special
Area Plan, and in a manner which maintains the goals of the Miami 21 Code to
preserve Neighborhoods and to provide proper transitions in intensity and scale.
Analysis of
Criteria 2
The proposed rezoning from T5-0 (Urban Center - Open) to T6-8-0 (Urban Core
- Open) for 2765 S Bayshore Drive and the northwest portion of 2850 Tigertail
Avenue and T6-12-0 (Urban Core — Open) to T6-8-0 (Urban Core — Open) for
the southeast portion of 2850 Tigertail Avenue will increase population and
congestion to the immediate neighborhood and community by allowing 150
dwelling units per acre where 65 dwelling units per acre is currently allowed.
File ID 2635
Page 5 of 7
Finding 2
The request creates a T6-8-O island which disrupts the intent of Article 2, Section
2.1.3.3. The Block and the Building -Guiding Principles, letter a, states that,
Building and landscaping should contribute to the physical definition of
thoroughfares as civic places. Miami 21 is to have the same zoning to have the
same scale and intensity of both sides of the thoroughfares. Transition, intensity
and scale which is not consistent with the goals of the Miami 21 Code.
Furthermore the change from T6-12-0 to T6-8-O is inconsistent with Article 2,
Section 2.1.3.3.i , the Code requires ,"Harmonious and orderly change and
Development of urban areas should be enabled through a form -based zoning
code that guides and regulates change." As proposed, as the rezoning would
change a portion of the zoning to something higher on one side of the
thoroughfare this is not harmonious or in keeping with the tenements of the form
based code.
CONCLUSION:
Based on the materials submitted, staff finds that the request to rezone from T5-O (Urban Center
- Open) to T6-8-O (Urban Core - Open) for 2765 S Bayshore Drive and the northwest portion of
2850 Tigertail Avenue and T6-12-0 (Urban Core — Open) to T6-8-O (Urban Core — Open) for the
southeast portion of 2850 Tigertail Avenue is not consistent with the goals of Miami 21. Although
the applicant has proffered two covenants, the request is not compatible with the surrounding
zoning district and provides an inappropriate zoning transitions. Additionally, the proposed
rezoning would change a portion of the zoning to something higher on one side of the
thoroughfare which is not harmonious or in keeping with the tenements of the form based code.
Existing Zoning: T5-O & T6-12-0
MIAMI 21 (EXISTING)
FILE ID: 2635
REZONE
0 17O 340 6E0 Feet
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Proposed Zoning: T6-8-O
MIAMI 21 (PROPOSED)
FILE ID:2535
REZONE
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File ID 2635
Page 6of7
RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned
findings, the Department of Planning and Zoning recommends denial of the applicant's request
to rezone from T5-O (Urban Center - Open) to T6-8-O (Urban Core - Open) for 2765 S Bayshore
Drive and the northwest portion of 2850 Tigertail Avenue and T6-12-0 (Urban Core — Open) to
T6-8-O (Urban Core — Open) for the southeast portion of 2850 Tigertail Avenue as presented.
Although the applicant has proffered two covenants, one for the property at 2765 S Bayshore
Drive that restricts the use of this site to a plaza design, and a second covenant for the property
at 2850 Tigertail Avenue that restricts the maximum height to not exceed 123-feet (which is the
allowed height by right). Staff's recommendation remains a denial of the application to rezone
2765 South Bayshore Drive and the northwest portion of 2850 Tigertail Avenue from T5-O (Urban
Center - Open) to T6-8-O (Urban Core - Open) and downzone the southeast portion of 2850
Tigertail Avenue from T6-12-0 (Urban Core — Open) to T6-8-O (Urban Core — Open). As
presented as the request is not compatible with the surrounding zoning district and provides an
inappropriate zoning transitions.
Attachments:
A. Covenant to restrict site for plaza use
B. Covenant to restrict height to 123-feet
Jacu eline Ills
Chief''of Land Development
File ID 2635
Page 7 of 7
ATTACHMENT A
RESTRICTIVE COVENANT FOR PLAZA
This instrument is prepared by
(and after recording)
please retum this instrument to:
Iris Escarra, Esq.
Greenberg Traurig
333 SE 2 Avenue, Suite 4400
Miami, FL 33131
Folio Nos. 01-4121-384-0020
Reserved for Recording
RESTRICTIVE COVENANT
KNOW ALL MEN BY THESE PRESENT that the undersigned, 2701 Bayshore
Commercial, LLC, a Florida limited liability company ("Owner") hereby makes, declares and
imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with
title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors
and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by,
through or under them.
WHEREAS, Owner is the fee simple title holder to certain property located in Miami -Dade
County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and
incorporated herein; and
WHEREAS, Owner intends to rezone the Property from T5-O to T6-8-O; and
WHEREAS, as a condition to the rezoning from TS-O to T6-8-O, the Owner proffers this
covenant restricting the property to a plaza use upon which no permanent structure shall be
constructed; and
NOW, THEREFORE, in consideration of the premises, agreements and covenants set
forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by Owner, hereby agree as follows:
A. Recitals. The foregoing recitals are true and correct and are incorporated herein as
if repeated at length.
B. Restriction. Owner covenants to restrict the to a plaza use and design in accordance
with the City of Miami Zoning Ordinance 13114, as amended, Miami 21 Code,
standards.
C. Covenant Running with the Land. This Covenant on the part of the Owner shall
constitute a covenant running with the land and shall be recorded, at Owner's expense, in
the Public Records of Miami -Dade County, Florida, and shall remain in full force and
effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns
2765 S. Bayshore Drive Restrictive Covenant
until such time as the Covenant is released. These restrictions during their lifetime shall
be for the benefit of, and be a limitation upon, all present and future owners of the Property
and for the public welfare.
The provisions of this instrument shall become effective upon their recordation in
the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period
of thirty (30) years after the date of such recordation, after which time they shall be
extended automatically for successive periods of ten (10) years each, unless modified,
amended, or released in compliance with this instrument prior to the expiration thereof.
D. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours
to enter upon the Property for the purpose of investigating the use of the Property, and for
determining whether the conditions of this Declaration and the requirements of the City's
building and zoning regulations are being complied with. An action to enforce the terms
and conditions of this Declaration may be brought by the City. Enforcement shall be by
action against any parties or person violating, or attempting to violate any covenant
contained herein. This enforcement provision shall be in addition to any other remedies
available at law or in equity or both.
E. Election of Remedies. All rights, remedies, and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
F. Amendment, Modification, and Release. This Declaration may be modified,
amended, or released only by a written instrument executed by: (i) the then owner(s) of the
Property AND (ii) the City of Miami after approval by the City Commission at a public
hearing. Any modification, amendment, or release shall be of this Declaration shall be
approved to content by the Zoning Administrator and the Director of Planning and Zoning
and as to legal form by the City Attorney or their respective designees or successors.
G. Severability. Invalidation of any one of these covenants, by judgment of Court, in
no way shall affect any of the other provisions, which shall remain in full force and effect.
H. Recording. This Declaration shall be recorded in the Public Records of Miami -
Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2nd
Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of
recordation.
[Signature Page to Follow]
Page 2 PZAB file ID 2635
2765 S. Bayshore Drive Restrictive Covenant
Signed, witnessed, executed and acknowledged this day of , 2017.
2701 Bayshore Commercial, LLC, a Florida
limited liability company
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of , 2017 by
, who is personally known to me,
or has produced , as identification and she acknowledged before
me that he executed the same, freely and voluntarily, for the purposes therein expressed.
Name:
Notary Public, State of
Commission No.
Page 3 PZAB file ID 2635
2765 S. Bayshore Drive Restrictive Covenant
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, City Attorney
APPROVED AS TO CONTENTS:
Francisco Garcia, Director
Planning and Zoning Department
Devin Cejas, Zoning Administrator
Planning and Zoning Department
Page 4 PZAB file ID 2635
2765 S. Bayshore Drive Restrictive Covenant
Exhibit A
The Property
Tract "B", C.G.B. Subdivision, according to the plat thereof, as recorded in Plat Book 169, Page
77, of the Public Records of Miami -Dade County, Florida.
Page 5 PZAB file ID 2635
ATTACHMENT B
RESTRICTIVE COVENANT FOR HEIGHT
This instrument is prepared by
(and after recording)
please return this instrument to:
Iris Escarra, Esq.
Greenberg Traurig
333 SE 2 Avenue, Suite 4400
Miami, FL 33131
Folio Nos. 01-4121-199-0040
Reserved for Recording
RESTRICTIVE COVENANT
KNOW ALL MEN BY THESE PRESENT that the undersigned, 2850 Tigertail
Investments, LLC, a Florida limited liability company ("Owner") hereby makes, declares and
imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with
title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors
and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by,
through or under them.
WHEREAS, Owner is the fee simple title holder to certain property located in Miami -Dade
County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and
incorporated herein; and
WHEREAS, Owner intends to develop the Property as an Office Use and a ground floor
Retail Use; and
WHEREAS, as a condition to the rezoning from T5-O and T6-12-0 to T6-8-O, the Owner
proffers this covenant restricting the maximum height permitted at the Property to be one hundred
twenty-three feet (123'); and
NOW, THEREFORE, in consideration of the premises, agreements and covenants set
forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by Owner, hereby agree as follows:
A. Recitals. The foregoing recitals are true and correct and are incorporated herein as
if repeated at length.
B. Restriction. Owner covenants to restrict the Property as follows:
1. The maximum height permitted at the Property shall not exceed one
hundred twenty-three feet (123').
MIA 186072347v1
2850 Tigertail Avenue Restrictive Covenant
C. Covenant Running with the Land. This Covenant on the part of the Owner shall
constitute a covenant running with the land and shall be recorded, at Owner's expense, in
the Public Records of Miami -Dade County, Florida, and shall remain in full force and
effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns
until such time as the Covenant is released. These restrictions during their lifetime shall
be for the benefit of, and be a limitation upon, all present and future owners of the Property
and for the public welfare.
The provisions of this instrument shall become effective upon their recordation in
the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period
of thirty (30) years after the date of such recordation, after which time they shall be
extended automatically for successive periods of ten (10) years each, unless modified,
amended, or released in compliance with this instrument prior to the expiration thereof.
D. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours
to enter upon the Property for the purpose of investigating the use of the Property, and for
determining whether the conditions of this Declaration and the requirements of the City's
building and zoning regulations are being complied with. An action to enforce the terms
and conditions of this Declaration may be brought by the City. Enforcement shall be by
action against any parties or person violating, or attempting to violate any covenant
contained herein. This enforcement provision shall be in addition to any other remedies
available at law or in equity or both.
E. Election of Remedies. All rights, remedies, and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
F. Amendment, Modification, and Release. This Declaration may be modified,
amended, or released only by a written instrument executed by: (i) the then owner(s) of the
Property AND (ii) the City of Miami after approval by the City Commission at a public
hearing. Any modification, amendment, or release shall be of this Declaration shall be
approved to content by the Zoning Administrator and the Director of Planning and Zoning
and as to legal form by the City Attorney or their respective designees or successors.
G. Severability. Invalidation of any one of these covenants, by judgment of Court, in
no way shall affect any of the other provisions, which shall remain in full force and effect.
H. Recording. This Declaration shall be recorded in the Public Records of Miami -
Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2nd
Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of
recordation.
[Signature Page to Follow]
Page 2
2850 Tigertail Avenue Restrictive Covenant
Signed, witnessed, executed and acknowledged this day of , 2017.
2850 Tigertail Investments, LLC, a Florida
limited liability company
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of , 2017 by
who is personally known to me,
or has produced , as identification and she acknowledged before
me that he executed the same, freely and voluntarily, for the purposes therein expressed.
Name:
Notary Public, State of
Commission No.
Page 3
2850 Tigertail Avenue Restrictive Covenant
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
APPROVED AS TO CONTENTS:
Francisco Garcia, Director
Planning and Zoning Department
Devin Cejas, Zoning Administrator
Planning and Zoning Department
Page 4
2850 Tigertail Avenue Restrictive Covenant
Exhibit A
The Property
Tract D, RITZ CARLTON, according to the plat thereof, as recorded in Plat Book 154, Page 34,
of the Public Records of Miami -Dade County, Florida.
Page 5
2850 Tigertail Avenue Restrictive Covenant
Page 6
1-
w
U_
FLORIDA AVE
MIAMI 21 (EXISTING)
FILE ID: 2635
REZONE
T5-O
N
0 170 340
680 Feet
ADDRESSES: 765 S BAYSHORE DR
AND 2850 TIGERTAILAV
T5-O
1-
w
U_
FLORIDA AVE
N
0 170 340
MIAMI 21 (PROPOSED)
FILE ID: 2635
REZONE
680 Feet
ADDRESSES: 765 S BAYSHORE DR
AND 2850 TIGERTAILAV
0 140 280
1 i I
AERIAL
FILE ID: 2635
REZONE
560 Feet
I
ADDRESSES: 765 S BAYSHORE DR
AND 2850 TIGERTAILAV