ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RE- ADOPTING AN ORDINANCE THAT MAKES COMPREHENSIVE REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 6 (BUSINESS REGULATION); CREATING DIVISION 11 PAIN MANAGEMENT CLINICS, SECTION THROUGH SECTION 6-262; REVISING AND CLARIFYING SECTIONS 6-256(C)(4), 6-257(A); 6-261(A); AND 6-262; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tampa Police Department reports that a pattern of illegal drug use and distribution has been linked to Pain Management Clinics operating in the City of Tampa; and WHEREAS, the illegal narcotic activity and significant increased crime associated with such clinics has created an urgent situation requiring immediate action to reduce the threat to the health, safety and welfare of citizens within the City of Tampa; and WHEREAS, the Florida Legislature has identified identical concerns regarding the increased use and frequency of injury and deaths occurring through use of Pain Management Clinics by persons obtaining prescription drugs for improper purposes and enacted the Prescription Drug Monitoring Program scheduled to go into effect December 1, 2010, and the Prescription Drug Monitoring Act, which requires physicians and other persons dispensing prescription drugs through pain management clinics, facilities or offices, to register with the State Department of Health in order to conduct such business; and WHEREAS, many counties and municipalities in Florida have established new regulations on pain management businesses to curb negative impacts crated by these clinics, such as illegal prescription drug trafficking and sales of illegal drugs around the clinics, loitering by pain clinic customers while waiting in long lines to receive drugs and loitering in areas surrounding the clinics; and WHEREAS, the illegal activities associated with certain Pain Management Clinics creates an emergency situation necessitating immediate regulation of such clinics in the City of Tampa; and WHEREAS, the Tampa City Council has determined that existing and future businesses operating as Pain Management Clinics within the City of Tampa, will provide local oversight of these businesses and hinder illegal activities related to these clinics; and

2 WHEREAS, it is not the intent of this Ordinance to interfere with legitimate medical clinics or the legal use of controlled substances; and WHEREAS, the Tampa City Council finds and declares a need to immediately impose regulations on Pain Management Clinics in order to ensure that Pain Management Clinics are not involved in illegal activity; and WHEREAS, Florida Statutes Section (3)(b) empowers a municipality to enact an emergency ordinance by two-thirds (213) vote, after one adoption hearing; and WHEREAS, this ordinance was previously adopted, by unanimous vote, as an Emergency Ordinance upon a finding that there was immediate harm to the community unless there was additional regulation of Pain Management Clinics; and WHEREAS, the ordinance is now being re-adopted in its entirety through the non-emergency ordinance adoption process set forth in Chapter 166, Florida Statutes; and WHEREAS, this re-adopted ordinance would make minor changes in Sections 6-256(c)(4)c.v.; 6-257(a); 6-261(a); and in order to clarify the application process and to clarify the enforcement provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Chapter 6, Division 11" is re-adopted as follows: "CHAPTER 6, DIVISION 11, PAIN MANAGEMENT CLINICS" Section 2. That "Sec Definitions." is re-adopted as follows: "Sec Definitions. Chronic Nonmalignant Pain means pain unrelated to cancer which persists beyond the usual course of the disease or in-iury that is the cause of the pain for more than ninety (90) days after surgery. Conviction or convicted means the finding of guilt for a violation of a municipal or county ordinance or state or federal law, adiudication withheld on such a finding of guilt, an adiudication of milt on any plea of guilty or nolo contendere or the forfeiture of a bond or bail when charged with a violation of a municipal or county ordinance or state or federal law. Pain Management Clinic means a vrivatelv owned clinic. facility or medical office that advertised in any medium for any type of pain management services andlor

3 employs one or more physicians who are primarily engaged in the treatment of pain. For the purposes of this Division 1 1, a physician shall be considered primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medication when the maioritv of the patients seen are prescribed or dispensed controlled substance medication for the treatment of chronic nonmalignant pain. Registration with the Florida Department of Heath pursuant to Florida Statutes Section (4), (5) and (6) or Florida Statutes Section (3), (4) and (5) shall be prima facie evidence of operating as a Pain Management Clinic pursuant to this definition. Expressly exempted from this definition are hospitals, nursing homes, ambulatory surgical care centers. hospice or intermediate care facilities for the disabled, or clinics which are affiliated with an accredited medical school at which training is provided for medical students, residents or fellows. Knowinnlv means with actual knowledge of a specific fact or facts, or with reasonable insuiry a reasonable person should have known a specific fact or facts. Medical Director. The physician licensed by the State of Florida with a full, active and unencumbered license under Florida Statutes Chapter 456 or 459 who shall be the designated physician responsible for complvin~ with all requirements related to the permitting and operation of the Pain Management Clinic. Permit means a permit to operate a Pain Management Clinic. Permittee means a person in whose name a permit to operate a Pain Management Clinic has been issued. as well as all individuals listed as an applicant on the application for a permit for a Pain Management Clinic. Person means an individual, partnership. corporation, association, or legal entity. Any individual with any partial or whole ownership of any partnership, corporation, association or legal entity shall also be included in this definition." Section 3. That "Sec Permit required; application for permit." is re-adopted as follows: "Sec Permit required; application for permit. (a) (b) After the adoption of this Division 1 1, no person shall operate a Pain Management Clinic in any location within in the City of Tampa without a permit as provided for herein. A separate permit is required for each Pain Management Clinic location. A person who seeks to operate a Pain Management Clinic and the person who is the property owner for property on which the Pain Management Clinic is located shall sign the application for a permit as an Applicant(s). At least one applicant shall be the Medical Director of the Pain Management Clinic. The Applicant(s) shall be fully responsible for compliance with this Section and each applicant shall be considered a permittee upon the grant of a permit pursuant to this Division 11.

4 [c) The notarized application for a permit shall: (1) Be tvpewritten. signed - and sworn to by the avplicant(s) and shall include the post office address of the applicant and the property owner. The application shall not be signed by an authorized agent. (2) Provide an accurate legal description of the property on which the Pain Management - Clinic is located including street address. if any, and the names of all owners, mortgage holders, lienors and lessees. (3) Indicate whether the Pain Management Clinic dispenses controlled substances on the Pain Management Clinic site. /4) Include the following information: a. The registration number from the State Department of Health as reauired by Florida Statutes Section or if the Pain Management Clinic must be registered in accordance with state law. b. The professional license numbers of the Medical Director, includin~ DEA number. c. A list of all persons associated with the management or operation of the Pain Management Clinic whether paid or unpaid. part time or full time, contract labor or independent contractor. The list must include, but is not limited to all owners, operators, emvlovees or volunteers. For persons listed, the following information must be provided: 1. Title; Current home address, telephone numbers and date of birth; iii. iv. All criminal convictions whether misdemeanor or felony; Current Florida driver's license: and v. A set of fingerprints, unless the person's fingerprints are currently on file with the State of Florida Department of Health. This information shall be reauired to updated within ten (10) days of any new person becoming associated with the Pain Management Clinic.

5 d. A written determination by the Zoning Administrator that property in which the Pain Management Clinic is located or seeks to locate complies with all current applicable provisions of the Land Development Code, including but not limited all reauired parking requirements for a Clinic use (as defined in Chapter 27, City of Tampa Code of Ordinances). e. An affidavit by the Medical Director for the Pain Management Clinic attesting to the following: 1. that their oractice is located at the Pain Medical Clinic; that no employees of the facility have been convicted of a drug-related felony within the five year period to the date of application; iii. iv. that the Pain Management Clinic will not knowingly employ any such convicted felons thereafter: and that the Medical Director shall be required to inform the City of Tampa within (10) days should the Medical Director be terminated or otherwise leave the affiliation with the Pain Management Clinic as Medical Director. f. A floor plan of the Pain Management Clinic showing the location and size of the waiting area. location of and size of the patient rooms and location and type of diagnostic equipment. p. If any controlled substances are dispensed on-site during the course of business. a floor plan showing the location and the method of security for protection of any controlled substance to be dispensed in the course of business." Section 4. That "Sec Requirements for issuance of permit; posting." is re-adopted as follows: "Sec Recluirements for issuance of permit: ~osting [a) The application shall be reviewed by the Citv of Tampa Police Department. the City of Tampa. Land Development Coordination Division, and any other person or entity deemed appropriate by the Official for compliance with the provisions of this Division 1 1.

6 Jb) Jc) The Official shall either approve the issuance of a Pain Management Clinic permit within sixty (60) days after receipt of a complete application, deny the application or request additional information. The following shall be a basis for denial of an application: (1) An applicant is under eighteen (18) years of age. (2) An applicant has failed to answer or falsely provided information as part of the application. (3) An applicant or a person listed in the application has been convicted of a crime or had final administrative action taken, a. Involving: 1. Any felony or misdemeanor offense of Florida Statutes which involves the prescribing, dispensing. suvplvinn or selling of any controlled substance as defined by Florida Statutes, or 2. Any violation of Pain Management Clinic regulations of any other city. county, state or government; or 3. Any administrative or other similar action in which the applicant has been denied the privilege of prescribin% dispensing, administering, supplying or selling any controlled substance by this State or any other State; or 4. Any administrative or other similar action in which the State or any other State's Medical Board action taken against the applicants medical license as a result of dependency on drugs or alcohol. b. For which: 1. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; 2. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction. whichever is the later date, if the conviction is of a felony offense: or 3. Less than five (5) years have elapsed since the date of the

7 last conviction or the date of release from confinement for last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period. 4. Less than five (5) years have elapsed for any final administrative or other action. c. The fact that a conviction is being appealed has no effect on the disaualifications of the applicant under subsection (a) above." Section 5. That "Sec Grant of Permit; Operational Standards." is re-adopted as follows: "Sec Grant of Permit; Operational Standards. (a) /b) (c) Each permit shall be effective for one (1) vear and be subiect to annual renewal on October 1 of each vear. A permit shall be issued to the persons deemed the Permittee (s) for the particular location provided for in the application and shall not be transferable in any manner either to another person or for another location. The grant of a permit is expressly conditioned upon compliance with the following operational standards: (1) The permit must be posted in a conspicuous place at or near the entrance to the Pain Management Clinic so that it may be easily read at any time. (2) The Pain Management Clinic shall not limit the form of payment for services or prescriptions to cash only. (3) The Pain Management Clinic shall be operated by the Medical Director. (4) The hours of operation of the Pain Management Clinic shall be limited to 7:00 a.m. to 9:00 p.m. Monday through Saturday. (5) The Pain Management Clinic shall maintain the diagnostic equipment to diagnose and treat patients complaining of chronic pain as provided for by the appropriate standard of care. (6) The Medical Director shall secure prescription pads so that only authorized persons may access them. All prescription pads shall contain the name of the Pain Management Clinic and the Pain Management Clinic permit number."

8 Section 6. That "Sec Fees." is re-adopted as follows: "Sec Fees. The Tampa City Council shall, by resolution. establish non-refundable fees for the City to review the Pain Mana~ement Clinic permit application and for each permit issued under the terms of this chapter." Section 7. That "Sec Inspection." is re-adopted as follows: "Sec Inspection. (a) (b) Application for. and issuance of, any Pain Management Clinic permit shall constitute consent bv the permittee for representatives of the City of Tampa. at anv time it is open for business or occupied, to enter and inspect the premises of the Pain Management Clinic for the purpose of verifving compliance with the permit. No person who operates a Pain Management Clinic shall refuse to permit a lawful inspection of the premises by a representative of the City of Tampa at any time it is open for business or occupied." Section 8. That "Sec Expiration of permit." is re-adopted as follows: "Sec Expiration of ~ermit. (a) Jb) A permit for a Pain Management Clinic September 30 of each year. A permit may be renewed only by ma kin^ application as provided in this Division 11. A formal decision of the zoning administrator shall onlv be required everv three years. unless the Pain Management Clinic undergoes an expansion or substantial change. Application for renewal should be made at least sixty (60) days before the expiration date. and when made less than sixty (60) davs before the expiration date. the expiration of the permit will not be affected by the pendency of the application. If a permit or renewal for a Pain Management Clinic is denied the applicant may not be issued a Pain Management Clinic permit for one (1) year from the date denial becomes final. unless the basis for denial has been corrected or abated."

9 Section 9. follows: That "Sec Penalties and remedies." is re-adopted as "Sec Penalties and remedies. Any person who operates or causes to be operated a Pain Management Clinic without a valid permit or in violation of any provision of this Section shall be subject to the following - penalties and/or remedies: [a) [b) (c) Id) Violations of this Section may be punished as provided in City of Tampa Code Section 1-6. A violation of any provision of this section will be deemed an irreparable and irreversible violation which will result in immediate violation. Each day that any violation continues after receivt of a written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein. In addition to the penalties and remedies above. the citv may institute any appropriate action or proceedings to prevent, restrain, correct or abate a violation of this chapter, as provided by law. Section 10. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 11. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. law. Section 12. That this ordinance shall take effect immediately upon becoming a

10 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON 1 JuL ATTEST: CITY COUNCIL APPROVED AS TO LEGAL SUFFICIENCY BY: 9e A-J PAM IORIO, MAYOR EIS JULIA MANDELL COLE SR. ASSISTANT CITY ATTORNEY K:/Debbie/Chapter 6 - Pain Clinic Ordinance ver7

11 ORDINANCE NO rd AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2); APPROVING A PLACE OF RELIGIOUS ASSEMBLY IN AN RS- 50 (RESIDENTIAL SINGLE-FAMILY) AND CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT IN THE GENERAL VICINITY OF 3008, 3010 AND 3102 EAST LAKE AVENUE AND 3703, 3707 AND 3717 NORTH 3oTH STREET, IN THE CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit (S-2); and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow a place of religious assembly in an RS-50 (residential single-family) and CN (commercial neighborhood) zoning district. Section 2. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Waivers and reductions in setback or separation requirements or increase in maximum tower height, if applicable, as approved as set forth in Exhibit "B" in compliance with Section C(l)-(6). Section 3. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 4. That approval of this Special Use Permit (S-2) shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's

12 Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 5. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 6. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will promote the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. a law. Section 9. That this ordinance shall take effect immediately upon becoming

13 TAMPA, FLORIDA CITY COUNCIL OF THE CITY OF CITY COUNCIL ATTEST: APPROVED by me on l JUL /c A \ PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY V10-85

14

15 i The West 175 feet of the East 350 feet of the South '/z of the Southwest of the Northwest K of the Northeast 'h in Section 8, Township 29 South, Range 19 East, in Hillsborough County, Florida, LESS the South 30 feet for street purposes; TOGETHER WlTH The South W of the Southwest % of the Northwest '/a of the Northeast % of Section 8, Township 29 South, Range 19 East, Hillsborough County, Florida, LESS the West 285 feet and LESS the East 350 feet thereof, and LESS the South 30 feet for Lake Avenue; TOGETHER WITH The East 55 feet of the West 2- feet of the South 330 feet of the South X of the Southwest 'A of the Norlhwest % of the Northeast % of Section 8, Township 29 South, Range 19 East, LESS the South 30 feet thereof for Lake Avenue; TOGETHER W17H The East 17 feet of the West 285 feet of the South % of the Southwest Y4 of the Northwest % of the Northeast '/4 of Section 8, Township 29 South, Range 19 East, LESS the South 30 feet thereof for Lake Avenue, in Hillsborough County, Florida; TOGETHER WITH The East 50 feet of Uw West 213 feet of the South '/a of the Southwest 'A of the Northwest % of the Northeast %, LESS the South 30 feet for street, in Section 8, Township 29 South, Range I9 East, Hillsborough County, Florida; and LESS AND EXCEPT any portion of the land recited above, which was conveyed by Oficial Records Book 1712, Page 349, of the Public Records of Hillsborough County, Florlda, described as follows: A tract of land being part of the East 113 feet of the West 213 feet of the South % of the Southwest % of the Northwest % of the Northeast Y. of Section 8, 7ownshlp 29 South, Range 19 East, Hlllsborough County, Florida, and being more particularly described as follows: For a Point of Beginning at the Northeast corner of the above described property, thence Southerly and parallel with the West boundary of the South W of the Southwest % of the Northwest % of the Nortfieast % a distance of feet; thence Westerly and parallel with the North boundary of the South 'h of the Southwest % of the Northwest % of the Northeast X a distance of I13 feet; thence Northerly and parallel with the West boundary of the South W of the Southwest % of the Northwest % of the Northeast % a distance of feet to the North boundary of the South % of the Southwest 'A of the. Northwest % of the Northeast'k thence in an Easterly direction I I3 to the Point of Beginning; TOGETHER WlTH ' Tract beginning 213 feet East of the Northwest corner of the South % of the Southwest 'A of the Northwest % of the Northeast Yi and run Southerly 77.8 feet, Northerly feet and East 113 feet to the Point of Beginning. as recorded in the Public Records of Hillsborough County, Florida, all lying and being In Section 8, Township 29 South, Range 19 East; A tract of the land being a part of the East feet to the West 213 feet of the South %of the Southwest *A of the Northwest 1/4 of the Northeast % of Section 8. Township 29 South, Range 19 East, Hillsborough County, Florida, being more particularly described as follows: For a Point of Reference commence at the Northeast corner of the above described tract, run thence Southerly and parallel with the West boundary of the South % to the Southwest 'A of the Northwest Yi of the Northeast %, a distance of feet for a Point of Beginning, continue thence along said line 56.0 feet, thence Westerly to a point feet Southerly of the North boundary of South % of Southwest 'A of Northwest % of the Northeast 3/r of said Section 8, thence Northerly and parallel with the West boundary of the South W of Southwest % of the Northeast %, feet; thence Easterly feet to the Point of Beginning. TOGETHER WlTH The South 24 feet of Lot4 end all of Lot 5, Block A, BETHEL HEIGHTS, according to plat thereof as recorded in Plat Book 9, Page(s) 44, of the Public Records of Hillsborough County, Florida. Right d UJoy & Mopplng Sedlon legnc DESCAlPTlON APPROVED

16 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

17 Upon Recording, Return To: Tampa City Clerk 3 15 East Kennedy Blvd, 3'd Floor Tampa, Florida C ORDINANCE NO AN ORDINANCE VACATTNG, CLOSING, DISCONTTNUING AND ABANDONING A CERTAIN RIGHT-OF-WAY (ALL THAT PORTION OF ALLEYWAY LYING EAST OF FLORIDA AVENUE, WEST OF MARION STREET, NORTH OF ESTELLE STREET, AND SOUTH OF HENDERSON AVENUE) IN PLAN OF MOBLEY'S SUBDIVISION, A SUBDIVISION IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE FULLY DESCRlBED IN SECTION 2 HEREOF; SUBJECT TO CERTAIN EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number C has been submitted by Michael Kass & 1604 Building, LLC (collectively, "Petitioner"), asking that certain rightof-way described in Section 2 hereof be vacated, closed, discontinued and abandoned; and WHEREAS, City Council, having duly held two public hearings and having been presented with competent and substantial evidence on the merits of the petition, finds that vacating of the subject right-of-way with conditions set forth below is in the general public interest, subject to certain conditions, and that all requirements provided by law have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: Section I. fully set forth herein. Section 2. That the recitals above be and the same are hereby incorporated as if That certain right-of-way described as follows: Legal description is attached hereto as Exhibit "A" and by reference made a part hereof, be and the same is hereby vacated, closed, discontinued and abandoned, and that the right of the City of Tampa and of the public in and to same are hereby renounced, released, and disclaimed, reserving, however, the following easements which shall run with the land: a. Permanent TECO Easement: A permanent, non-exclusive easement in, on, under, over and across a portion of the rights-of-way vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this reference ("Permanent TECO Easement") for the use and benefit of Tampa Electric Company ("TECO"), and its successors

18 or assigns for the installation, operation, repair, reconstruction and maintenance of and access to facilities for the transmission of electricity. Said Permanent TECO Easement is reserved for facilities either principally used for, or appurtenant to, furnishing the transmission of electricity installed or located on, beneath or above the surface of the land subject to this Permanent TECO Easement, and shall include full right of ingress and egress thereto and over, across, under and through the Permanent TECO Easement. No permanent or temporary structures (other than pavement or curbing) shall be allowed to be constructed on, in, over or under, and no landscaping (other than grass and small shrubbery) shall be allowed to be planted on the land subject to this Permanent TECO Easement unless approved in writing by the TECO. ' b. Permanent Verizon Easement: A permanent, non-exclusive easement in, on, under, over and across the entire length and width of the rights-of-way vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this reference ("Permanent Verizon Easement") for the use and benefit of Verizon Florida, lnc., and its successors or assigns for the installation, operation, repair, reconstruction and maintenance of and access to telecommunication facilities. Said Permanent Verizon Easement is reserved for facilities either principally used for, or appurtenant to, furnishing telecommunication services installed or located on, beneath or above the surface of the land subject to this Permanent Verizon Easement, and shall include full right of ingress and egress thereto and over, across, under and through the Permanent Verizon Easement. Unless otherwise agreed to by the Petitioner and Verizon, any relocation of Verizon facilities at the request by Petitioner shall be at the sole cost and expense of Petitioner. Section 3. Release of Easements.. Any or all of the easements reserved herein may be released by the City of Tampa, or by submitting a request for Release of Easement with the City in that manner prescribed by the City of Tampa Code of Ordinances, or as may otherwise be provided by law. The City shall review any properly submitted request for Release of Easement, but shall only grant the Release upon an affirmative conclusive determination by the City that the Easement is no longer required for the reserved purpose. A Release of Easement shall be evidenced by recording in the Office of the Clerk of the Circuit Court of Hillsborough County, Florida. Section 4. Additional Conditions; Effective Date of Vacation of Right-of-Wq; Covenants Running with the Land: The vacation of said right-of-way is expressly conditioned upon the compliance with and fulfillment of all terms and conditions contained herein, which terms and conditions shall be deemed covenants running with the land. The vacation of the right-of-way described in Exhibit "A" to this Ordinance shall not become effective and the right-of-way shall not be deemed to be vacated until the following conditions to the vacation have been complied with. Until the conditions set forth in this section are satisfied, the rights of way identified in Exhibit "A" shall remain public right-ofway and shall not be closed or access to the general public blocked or impeded in any manner. Any impediment to the right-of-way shall be deemed to be a violation of the City of Tampa Code of Ordinances. a. In a form satisfactory to the City Attorney, Petitioners shall grant and record a permanent cross access easement ("Permanent Cross Access Easement") in, on, under, over and across the entire length and width of the right-of-way vacated hereby as described in Exhibit "A", attached hereto, for the unimpeded use and benefit of each owner of property abutting the right-of-way described in Exhibit "A", and their respective guests, invitees, successors or assigns, for vehicular and pedestrian ingress and egress in, on, over and across the entire width

19 and length of the right-of-way vacated hereby as described in Exhibit "A". Petitioner shall provide a copy of said Permanent dross Access Easement to the City of Tampa, Department of Solid Waste ("Solid Waste Department") with a copy to the City Attorney. In the event that the easement condition requiring permanent unimpeded use is ever intentionally violated or abridged by any party to the easement, or at the direction of a party to the easement, for any reason whatsoever, then in such event the vacation of the right-of-way authorized by this Ordinance shall automatically be null and void and of no further force and effect and said rightof-way shall thereafter revert to the status as a public street regardless as to what party or parties claim title to or an interest in the right-of-way. In the event that said right-of-way reverts to the status as a public street, the Petitioner shall restore the right-of-way to the same condition that existed at the time of the vacating of said right-of-way within 30 days of the City's written notice for restoration. lf the Petitioner fails to restore the right-of-way as provided for herein, it shall be responsible for any and all costs and expenses of restoration that may be expended by the City. b. The Permanent Cross Access Easement provided for in Section 4.a., above, may be released andlor terminated if the existing dumpster that is currently located within and adjacent to the right-of-way described in Exhibit " A is relocated to a location that is acceptable to the Solid Waste Department and approved pursuant to Section or Chapter 26, City of Tampa Code of Ordinances. c. Until such time as the Easement described in Section 4.a., above, is in effect, in the event Petitioner blocks access to or installs any gate(s) which causes to block access to the vacated right-of-way described in Exhibit "A", a remote control shall be provided to the Department of Solid Waste to allow 24 hour remote access for the Solid Waste service vehicle to enter both sites 1505 N. Florida Avenue and 1604 N. Marion Street. d. Until such time as the Easement described in Section 4.a., above, is in effect, any gate which causes to block the Marion Street side of the vacated right-of-way must automatically open from the inside once the service vehicle approaches to allow egress from the site. e. Until such time as the Easement described in Section 4.a., above, is in effect, the vacated right-of-way described in Exhibit "A" shall remain paved to allow solid waste service to 1505 N. Florida Avenue and 1604 N. Marion Street. f. The property abutting the right-of-way described in Exhibit "A", shall at all times comply with the provisions of Chapter 26, City of Tampa Code of Ordinances and at all times access to the dumpster in its existing location must be maintained in a manner acceptable to the Solid Waste Department. g. The instruments required by this Section 4 shall make express reference to this Ordinance and include same as an Exhibit thereto. Reference to this Ordinance in said instruments is for historical informational purposes. h. Compliance Period: Petitioner shall have six (6) months from the effective date of this Ordinance to comply with the condition above. If the condition is not satisfied within this compliance period, then this ordinance shall expire and be deemed null and void. The City of Tampa Transportation Manager may authorize a one-time six (6) month extension of

20 the aforementioned compliance period upon written request by the Petitioner so long as said request is submitted prior to expiration of the initial six (6) month compliance period. Section 5. Brick Preservation; Removal: That if any of the rights-of-way vacated hereby consist of vitrified brick and/or granite curbing, then such vitrified brick roads and granite curbing shall remain unaltered unless removal or replacement of the vitrified brick roads and granite curbing are approved pursuant to procedure set forth in the City of Tampa's Transportation Technical Manual, as may be amended from time to time, for public rights-of-way. If the removal of any vitrified brick and granite curbing are allowed from any of the vacated rights-of-way, then Petitioner shall provide, and cause to be delivered, all vitrified bricks and granite curbing that are removed to the City of Tampa, Department of Public Works, Transportation Division (Street Maintenance), for future use by the City of Tampa. Such vitrified bricks and granite curbing shall be palletized prior to delivery by the Petitioner at the Petitioner's sole cost and expense. The City of Tampa Transportation Manager or designee shall be the point of contact for all matters regarding this condition. Section 6. Compliance with Cily of Tampa Landscaping, Tree Removal and Site Clearing Ordinance: That all development of the right-of-way parcel vacated hereby is at all times subject to compliance with City of Tampa Code of Ordinances, Chapter 13, City of Tampa Landscaping, Tree Removal and Site Clearing Ordinance the City of Tampa, as may be amended from time to time. Section 7. Compliance with Conditions: That the vacation of the right of way described in Exhibit "A" attached hereto is expressly conditioned upon the compliance with and fulfillment of all terms and conditions contained herein, which terms and conditions shall be deemed covenants running with the land. In the event that Petitioner fails to comply with these Ordinance conditions as provided herein, then this Ordinance shall be deemed null and void upon written notice by the City, and the Petitioner shall, at its sole cost and expense, restore the right of way to the same condition that existed at the time of the vacating of said right of way within 30 days of such written notice. Section 8. Severabilily: That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Section 9. Recording: That the City Clerk shall certify and record a copy of this Ordinance in the Office of the Clerk of the Circuit Court of Hillsborough County, Florida. Section 10. upon becoming law. Effective Date: That this Ordinance shall take effect immediately

21 PASSED AND ORDAINED BY TAMPA, FLORIDA, ON!JUL 1 5 2bb E CITY COUNCIL OF THE CITY OF ATTEST: CHAIRMAN, CITY COUNCIL APPROVED by me on I JUL / / - 1 PAM IORIO, MAYOR Prepared by: e/s JULIE HARDY, ESQ. ASSISTANT CITY ATTORNEY K:Uulie Kabougeris Hardy\CI 0-08 Kass (Solid Waste, privaccess,verizon)cond precedent subs-2.doc

22 All that alleyway lying in Block 6, PLAN OF MOBLEY'S SUBDIVISION, a subdivision as map or plat thereof is recorded in Deed Book "Q", Page 539 of the public records of Hillsborough County, Florida. Clty of Tamp Right of way & hpphg Section KGRI DESCRIPTION APPROVEl Date: Flle No. Rt,as: 2f3nolo 0-08 H-12 Exhibit "A" 5

23 AN ORDINANCE APPROVING AN HISTORIC PRESERVATION PROPERTY TAX EXEMPTION APPLICATION RELATIVE TO THE RESTORATION, RENOVATION OR REHABILITATION OF CERTAIN PROPERTY OWNED BY HAMIK AND ARIELLE MILLIGAN, LOCATED AT 110 WEST AMELIA AVENUE, TAMPA, FLORIDA, IN THE WEST TAMPA HEIGHTS HISTORIC DISTRICT, BASED UPON CERTAIN FINDINGS; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER OF HILLSBOROUGH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa is authorized, pursuant to the terms contained in Sections and , Florida Statutes, to adopt an ordinance allowing ad valorem tax exemptions under s.3, Art. VII of the State Constitution to historic properties if the owners are engaging in the restoration, rehabilitation, or renovation of such properties in accordance with guidelines established therein; WHEREAS, pursuant to the authority contained in Ordinance No , passed and ordained by the City Council of the City of Tampa, Florida, on September 9, 1993, an historic preservation property (ad valorem) tax exemption was created for improvements to historic properties completed in accordance with approved guidelines ("The City of Tampa Historic Property Tax Exemption Ordinance"); WHEREAS, Hamik and Arielle Milligan made certain improvements to the property owned and located at 110 West Amelia Avenue, Tampa, Florida, and filed an Historic Preservation Property Tax Exemption Application with the Architectural Review Commission for approval by City Council of the City of Tampa; WHEREAS, the Architectural Review Commission held a public hearing during which it reviewed the application and made the determination that the application should be approved for the following reasons: the property subject to the application is a contributing property located in the West Tampa Heights Historic District; the improvements made to the property are consistent with the United States Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; the improvements were made in accordance with the guidelines developed by the Department of State; the improvements equal or exceed the threshold amount; and, the application was accompanied by a partially executed Historic Preservation Property Tax Exemption Covenant which requires the property owner to maintain the historic character of the property, and qualifying improvements thereto, during the exemption period; and, WHEREAS, the City Council of the City of Tampa held a public hearing during which it received information and made certain findings as required by The City of Tampa Historic Property Tax Exemption Ordinance.

24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA. FLORIDA: Section 1. fully set forth herein. That the recitals set forth above are hereby incorporated as if Section 2. That the City Council of the City of Tampa, having held a public hearing on the proposed Historic Preservation Property Tax Exemption Application finds that there is evidence to support the following findings: That the property owned by Hamik and Arielle Milligan, located at 1 10 West Amelia Avenue, Tampa, Florida, and legally described as: See Exhibit "A" Folio No is qualified for an historic preservation property tax exemption as it is a contributing property to the locally designated West Tampa Heights Historic District based upon information provided by Architectural Review Commission staff. That the improvements to the property are consistent with the United States Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings based upon testimony and documentation provided by Architectural Review Commission staff. That the improvements to the property meet the criteria established by the Department of State based upon testimony and documentation provided by Architectural Review Commission staff. That the improvements were substantially complete before January 1, Section 3. That the City Council of the City of Tampa having made the above findings renders the following conclusion: The improvements to the property owned by Hamik and Arielle Milligan located at 1 10 West Amelia Avenue, Tampa, Florida and legally described as : See Exhibit "A" Folio No meet the requirements of The City of Tampa Historic Property Tax Exemption Ordinance and are therefore granted an exemption from ad valorem taxation equal to one hundred percent (1 00%) of the assessed value of all improvements which resulted from the restoration, renovation or

25 rehabilitation of the property for a ten (10) year period commencing January 1, 2010 and expiring December 3 1, This exemption does not apply to taxes levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Article VII of the State Constitution. Section 4. That the Historic Preservation Property Tax Exemption Application was accompanied by a partially executed Historic Preservation Property Tax Exemption Covenant which requires the property owner to maintain the historic character of the property, and qualifying improvements thereto, during the exemption period. Section 5. That the Office of the City Clerk shall deliver a copy of the Historic Preservation Property Tax Exemption Application and this Ordinance to the Property Appraiser of Hillsborough County. Section 6. That if any part of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 7. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 8. becoming a law. That this Ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON QUL- ' ATTEST: PREPARED BY AND APPROVED APPROVED by me on! JuI AS TO LEGAL SUFFICIENCY: E/S REBECCA KERT ASSISTANT CITY ATTORNEY MAYOR K:\Debbie\Advalorem\*

26 LEGAL DESCRIPTION MUPJRO AND MC INTOSH'S ADDITION E 42 IT OF LOT 4 ]BLOCK 6 EXHIBIT A

27 AN ORDINANCE REPEALING ORDINANCE NO ; APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE AND MAKING LAWFUL THE SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (ZAPS) - IN SEALED CONTAINERS FOR CONSUMPTION OFF PREMISES ONLY AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 4650 WEST KENNEDY BOULEVARD, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 3 HEREOF; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority contained in Ordinance No , passed and ordained on October 5, 2000, by the City Council of the City of Tampa, Florida, the sale of beverages containing alcohol of more than 1% by weight - beer - (1-APS) - in sealed containers for consumption off premises only at or from that certain lot, plot or tract of land located at 4650 West Kennedy Boulevard, Tampa, Florida; WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit (S-2); and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 31 5 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. entirety. That Ordinance No is hereby repealed in its Section 3. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows:

28 LEGAL DESCRIPTION: "AYY), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow an alcoholic beverage sales - small venue. Section 4. That the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-APS) - in sealed containers for consumption off premises only, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 4650 West Kennedy Boulevard, Tampa, Florida, and as more particularly described in Exhibit "A". Section 5. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, including any waivers provided therein, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 6. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 7. That approval of this Special Use Permit (S-2) shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 8. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 9. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 10. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 11. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed. Section 12. becoming a law. That this Ordinance shall take effect immediately upon

29 PASSED AND ORDAINED BY THE CI Y COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON 1.luL1620fi. ATTEST: CHAIRMAN/- CITY COUNCIL Bt- & PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S/ REBECCA M. KERT ASSISTANT CITY ATTORNEY V (2-APS) - Joseph Mansour West Kennedy Boulevard [SV]

30 Qty of Tampa Land Development Coordination 306East Jackson Street, 3E Tampa, FL (013) or hx..- "Cut-Out" Legal Leaal Oescriution fuse seaarate sheet If needed) - MUST BE TYPED & DO NOT ABBREVIAIh; a - ~ E S P E R I D E EUB0MSK)N. S accordinp to the map or plot thereof as recarded in Plat Book 2, Page 84. Publlc Records of Hillsborough County. Fharido and being moro particularly descrlbsd 0s Iollows:, For a polnt of refaronce commence 01 the Northwest comer of said Lot 6 and Nn thence E4!3 (ossumed bearing) akng!ha Northerly boundary themof d distance of hat: ihancs S,W25'48'IY. o diatonca of feet to o polnt on the Southerly right-of-woy llhe of West Kennedy Boulewrd; thence WEST dong said right-of-woy lhe a distance of feet; thence SOUTH a distance bf feet to the Norlheast 'corner af on sxlsting building for the POINT Of BEOlNNlNG of the tract hersin described: thence along the exterfofar of mid buildlq the following nino (0) courses: 1) '01"E. o distance of feet; thence 2) S.89'25'59W. o didonce of 3.00 feet; 3) S.0d5~'01% a distance of id; thence 4) S.89'23'59k. a distance of feet; 5) N.W'J8'Ol"W. o dlstance of frat; thence 6) S.BVZ3'59W. o dlrtann, of 5.00 foot: 7) N.OO'S6'01'W. a diutonca of feet; thenos 8) N.3978'572 b distance of 9.71 feet: 9) N.WZ3'59'E. o distance of feet.to Uxe POINT OF BEGINNING. Contalnfng 2,495 squom feet, more of loss. or ocrcr. more of less. Surveyor's Name: State Certlflcate II: State of Florlda Date O Seal:, Edw+ a. Kek nlgl~t-of-way Sectlon Legal Description is correct 81 complete: Care Number: VloOQj Approved by (ROW Staff): _ Date of appy6val: 4 - b' (a ' Atlas Page:.?"-8 EXHIBIT "A"

31 ,- SPECIFIC PUAPOSE SURVhY \ W. KENNEDY BOULEVARD POINT OF REFERENCE - -- ClNyJ SUBDMSlON (Plot Book 2, Page 84) EAST ASSUMED BEARING 111 COMMERCIAL BUILDING N89'23'59'E No ,001 sq.ft.* ( Acf) 3 LB L* S l.6 / Hillsborough County, Fbdda,/Northwest corner of Lot 6. HESPERIDES,L I 0 - feet of thb Wod 150 fed of lot 6. H SPEffIC!ES SUBDMSKIN. os recorded In Plat Book 2. Page M. Public Records of Hillebmugh County, Florida LESS additional Rod Right-of-way. Port of Lot 6. WPERIDES SUBOMSON, according to the map or plot thereof as facorded in Plat Book 2 Page 84, PuMk Records of Hillsborough County. florlda and Mng mom portfcvlariy descdbsd as follom For o polnt of reference commence at the Northweet comer of aald Lot 6 and run thonca EAST (a~umed bearing) abng tho Natharfy bounday thmof a distance of 150.0(3 feet thence S.OW25'48W. o distonce of feet to a pint on the Southsrly right-of-way line of West Kennedy Boulsvord, thance WEST olong said right-of-wcry line a diittmco of feet' then- SOUTH o distance of faat to he Northood corner of on existing brildmg for the WlNT OF BEOlNNlNC of the tmct herein dscdbed: thence olong the exterlor of said buildhg the following nine (9) coucres: 1) S.OV36'01'E. o distonce of feet- thence 2) S.89'23'59W. a dbtonce of 3.00 fat; 3) S.WJ6'01T. a didonce of 1200 fe& thence 4) S.8923'597V. o distance of feel; 5) N.W38'01%. a distance of feet thrnea 6) 5.89'23'59%. a dmance of 5.00 feet; 7) ~.m38'01w. o distonce of feet: thence 8) N.30'16'57'E. o dlstunce of 9.71 feet: 9) N.89'23'59'E. o distance of feet to the WIM OF BEQNNlNG. Containing 2,493 square feet, mom of leu, or ocres, mom of less. Cat emu Land Sumevinn, Inc. 1

32 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

33 ORDINANCE NO AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE AND MAKING LAWFUL THE SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (2-APS) - IN SEALED CONTAINERS FOR CONSUMPTION OFF PREMISES ONLY AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 4320 NORTH ARMENIA AVENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit (S-2); and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: "A"), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow an alcoholic beverage sales - small venue. Section 3. That the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-APS) - in sealed containers for consumption off premises only, shall be permitted and is hereby' made lawful at or from that certain lot, plot or tract of land located at 4320 North Armenia Avenue, Tampa, Florida, and as more particularly described in Exhibit "A".

34 Section 4. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, including any waivers provided therein, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 5. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 6. That approval of this Special Use Permit (S-2) shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 7. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 8. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 9. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 10. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed. Section 11. becoming a law. That this Ordinance shall take effect immediately upon

35 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON ATTEST: CHAIRMAN/- CITY COUNCIL APPROVED BY ME ON IJUL PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S/ REBECCA M. KERT ASSISTANT CITY ATTORNEY V (2-APS) - Ghaman Mansar North Armenia Avenue [SV]

36 -Petitiodoc 5peciaf.Use 2.Alcoholic Deveiages City of Tampa Land Development Coordination 306 East JacksonStreet, 3E Tampa, FL (013) or ) fax "Cut-Out" Legal Leclal Descri~tion [use sedarate sheet if needed) -MUST BEPIPED & 00 NOT ABBREVIATE : ;vt-ovr P&EL 'art of Lots 11 ad 11. COUlNS ARMENM PARK. according to the mop or plat thereof as recorded in Plot Book 27, Page 109. Public Rhcords of Hlllabw&ph County, Florida and being mom particularly described os kllawe: :or o point of reference commenca at the Squtheast corner of soid LQt 12 and wn thence S.BB'43'02.W.. rossumed bearing) along the Southerly boundary thereof a distance of feet: thence N.W16'58'WA 0 distance >f feet to the Southeosterly comer of on exlslng building for the POINT OF BEGINNING 6f the tract herein jescribdi thence along the entsdor of mid building the following sixteen (16) coumw: I) N.BV4J'lbW. o distance of feet: thence 2) ~.m16'up. a dklance of feet; 3) S.89'43'16.E a distahcs of feet; thence 4) N.W16'442 a- distance of 2.30 feet; 5) N.89-43'16W. o dlstance of '6.60 feet: thence 6) N.OV16'442. a distoncr of 8.10 feet. thence 7) S.89'43'16Y. a distonce of 6.60 feet; thence 8) N.00'16'44% a distonce of tsot; thenw 9) N.80'43'16W. a dfstance of teat: thence 10) N.OU16'44'E. a distonce of feot; thevs 11) S.89'4.3'16%. a dbtonce of feet; thence 12) N.00'18'CO'E a didonee of 7.20 feet; thence 13) S.68'43'16% o 6Mance ot feet; thencs 14) S.06'18'44.W. a distance of 8.80 feet; thence 15) S.89-43'16'E. a distance of feet. thence 16) S.00'16'44'W. o didonce of feet to the POINT OF BFGINNING. Contohing 3,024 sqwre feet, mom of less. or acres, more of less. Su~eyor'r State Certificate W: Name: a, q,cc.& State of Florida 26Gf fllghcol-way Section Date & Seal: 2-83'-/o EXHIBIT "A"

37 fl DR. MARTIN L M R r---- SPECIFIC PerRFVSE SURVEY VET ZONING APPLICATZOF KING. JR. BOULEVARD b outheost comer of Lot 12. COLLINS ARMENU PARK (Plot Book 27, Poge 109) Hillrbomugh County, florid0 All thot certain Trod or Parcel of fond situated in City of Tampa, Counb of Hillsborough. State of Florida, with a physical addrase of Buffalo and Armenio Avenues, more particularly deacn'bed ae follows: ebach The South 40 feet of Lot 11 ond the North 30 feet of I d 12, ES the Eost 5 fael iharaof, COLLINS ARMENU PARK, according to the mop or plot thereof os ncorded in Plat Book 27. Poga 109, Public Records of Hillsborough County. noddo. The South 70 feet of Lot 12, LESS the Eott 5 feet themof. COLUNS ARMENIA PARK. according to the mop or plo themof as recorded In Plot Book 27. Page I@, Publk Records of Hlllsbomugh County. Fbtida. m F BEGINNING. Begin 40 feet Nwth of the Southweat corner of Lot I I. COLLINS ARMENLA PARK, oaording to the mop or pbt thwbof a8 recorded in Plot Book 27, Pogs 109, Public Racords of Hiikborough County. norldo; run than- N8V39'E. 195 feet to o point on the Wed right-d-way lime ol Annenb Avenue; thence North r)arallel to and 5.0 feet Weat of the Eort boundary of Lot 11 ond a10 the West right-of-woy line of Armenia Amue o dietonco of feet to a poht of curvature of soid West rfzt-of-way line; run thence Northwesterly olong sald right-of-woy line along a curve to the Mt, (Rodius feet) on arc distance of 31.5 ftet (chord feet, chord booring N45'10'JOW) to a Pobt of Ton~sncy on the Southerly dght-of-woy he of Buffalo Avenue: run thence 589'30'W along the Southerly right-of-wcy line of Buffalo Avenue (Pomllel to and 10.C feet, South of North bovndoty of said Lot 11) a d i e of feet to o point on the West boundory of sold Lot 11; run thence South along the West boundory of Lot 11 to POINT OF BEGINNING. Part gf Lob 11 and 12. COLUNS ARMPHA PARK, ocoordhg to the mop or plot thcraot ot racorded h Plot Book 27, Page 108, Public Records of Hillsbornugh County, Rorido and being more portlculorly descn'bed os follows: For o point of rnlerencs commence ot the Southeast comer of sau Lot 12 ond run thenco S.8943'02v. (assumed Mng) along the Southdy boundory thereof o dlstonw of 9t.39 feat: thence N.O(r16'58.W. a dlstonn of feet to the South~starly corner of on existing building lor the POltJT OF BEGlNNlNG of UI~ imct hedn described; thsnce along the eaterior of maid building the following sixteen (18) courses: 1) N.89'43'16W. o distance of 4a80 led; thence 2) N.00'16'44k a distance of feet; 3) S.89'*5'161E o diatance of feet. thence 4) NN.L716'44% o distance of 2.30 feet 5) N.8643'16'W. o distance of 6.60 feet: thence 6) N.WlC44T. o dlstancc) of 8.10 feet thence 7) S.8W o distance of 6.60 feet; thence 8) N.OC16'442 c didance of feet; thence 9) N.80'43'16W. a distance of fwt; thence 10) N.W16'44-E. o distance of 12m f~& thence 11) S.8V43'16~E. o distance of feet Umnce 12) N.Wf6'44'E. o diatance of 7.20 fed; thenoa 13) S.89'43'16T. a distance of fsrt: thence 14) S.OQt6'44W. o (Iktonce of 8.80 Isst; thence 15) S.W4.3'16% a distonco of fe& thence 16) S.OQ16'44W. o diincs of feet to the POINT OF BEGINNING. Contolning square fwt, more of less. or acre% more of lass. l NOT A BOUNDARY SURVEY^

38 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

39 ORDINANCE NO g5 AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S- 1); ON APPEAL FROM A DECISION OF THE ZONING ADMINISTRATOR; APPROVING AN EXTENDED FAMILY RESIDENCE IN AN RS-60 (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT IN THE CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF; APPROVING WAIVERS AS SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(l)d. any person aggrieved by a decision of the Zoning Administrator regarding a Special Use Permit (S-1) may appeal that decision directly to the City Council; and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this Ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That a Special Use Permit (S-1) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit A), is hereby approved to allow an extended family residence located at 1102 East Ellicott Street, in an RS-60 (residential single-family) zoning district. Waivers are granted as follows: Tampa Code Section a.: to allow an increase in the allowable size of the extended family residence from six hundred (600) square feet to seven hundred fifty (750) square feet. Tampa Code Section c.: to allow the reduction of the rear yard setback for an accessory structure fiom 20 feet to 5 feet. Section 2. That said Special Use Permit (S-1) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit B.

40 Section 3. That said Special Use Permit (S-1) is subject to a build-out deadline of two years fi-om the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 4. That approval of this Special Use Permit (S-1) shall not release the PetitionerJOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 5. That the approval of this Special Use Permit (S-1) shall not release petitioner fi-om meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 6. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in fill force and effect. a law. Section 9. That this ordinance shall take effect immediately upon becoming

41 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON -10 CITY COUNCIL APPROVED by me on & PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY VIO-176

42 Application for Special Use I I Descrbtion (use -at@ sheet if needed) -&JUST BE TypgD,OT 6 BLOCK 6, DEMOREST, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED I# PLAT BOOK 4, 'AGE 22, OF THE WBUC RECORDS OF HKUBOROUGH COUNTY, FLORIDA, TOGETHER WITH THE SOUTH EXHIBIT "A

43 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

44 ORDINANCE NO g?,, AN ORDINANCE REPEALING ORDINANCE NO ; APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE AND MAKING LAWFUL THE SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (2-COP) - FOR CONSUMPTION ON PREMISES AND IN SEALED CONTAINERS FOR CONSUMPTION OFF PREMISES AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 1155 SOUTH DALE MABRY HIGHWAY, SUITE #12, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 3 HEREOF; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority contained in Ordinance No , passed and ordained on April 17, 1997, by the City Council of the City of Tampa, Florida, the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-COP-R) - for consumption on the premises only in connection with a restaurant business establishment on that certain lot, plot or tract of land located at 1155 South Dale Mabry Highway, Units 12 & 13, Tampa, Florida; WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit ($2); and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That Ordinance No is hereby repealed in its entirety.

45 Section 3. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: "A"), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow an alcoholic beverage sales - small venue. Section 4. That the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-COP) - for consumption on premises and in sealed containers for consumption off premises, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of located at 1155 South Dale Mabry Highway, Suite #12, Tampa, Florida, and as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, as if fully set forth herein. Section 5. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, including any waivers provided therein, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 6. That said Special Use Permit (S-2) is subject to a build-out deadline of two years fiom the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 7. That approval of this Special Use Permit (S-2) shall not release the Petitioner/Owner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 8. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 9. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 10. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 11. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed.

46 Section 12. becoming a law. That this Ordinance shall take effect immediately upon PASSED AND ORDAINED Y THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON ~ f 1 l ~. CHAIRMANI-U-m CITY COUNCIL APPROVED BY ME ON ljul /- a PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: REBECCA M. KERT ASSISTANT CITY ATTORNEY V (2-COP) - Eleven 55, LLC South Dale Mabry Highway, Suite #12 [SV]

47 Petition for xial Use 2 Alcoholic Beverages +5. )da City of Tampa Land Development coordination 306 East Jackson Street, 3E Tampa, FL (813) Or 8403 (813) fax - "Cut-Outn Legal Leqal Description (use separate sheet if needed) - MUST BE TYPED & DO NOT ABBREVIATE : A PORTION OF BLOCK 15-0, REVISED MAP Of SOUTHLAND AS RECORDED IN PLAT BOOK 9, PAGE 4, PUBL1.C RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY OF HENDERSON BOULEVARD WITH THE NORTH RIGHT OF WAY LINE OF WEST WATROUS AVENUE, THENCE S89"06'45"E FEET ALONG THE NORTH RIGHT OF WAY LINE OF WATROUS AVENUE; THENCE N0O053'1 5"E FEET TO THE POINT OF BEGINNING; THENCE NOlO1'1 7"E, FEET; THENCFS838'43"E, 40,00 FEET; THENCE SO1 '1 1'1 7"W, FEET; THENCE N88O48'43"W FEET TO THE POINT OF BEGINNING. CONTAINING 2,588 SQUARE FEET OR ACRES, MORE OR LESS. surve~ofs State Certificate #: 3932 Name: State of Florida Date & Seal: Right-of-way ~ectiobj 8 Legal Description is yfi Case Number: VlO-%61. Approved by (ROW Staff): Date of approval: 4- b -ID Atlas Page: &.-4 EXHIBIT "A"

48 SPECIFIC PURPOSE SURVEY WET ZONING APPLICATION!: WATROUS LEGAL- PARENT TRAM iots2 ANd7k, BLOCK RWISED MAP OF SOUTHLAND AS RECORDED IN PUT BOOK 9, PAGE 4. PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, LESS RIGHTS OF WAY FOR PUBLIC ROADS CUT-OUT PARCn A PORTION OF BLOCK 15-B, REVISED MAP OF SOUTHLAND AS RECORDED IN PLAT BOOK 9. PACE 4, PUBLIC RECORDS OF HILLSBOROUGH COUNTY. FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY OF HENDERSON BOULEVARD WITH THE NORTH RCq-OF WAY LlNE OF WEST WATROUS AVENUE. THENCE S89'06'45*E, FEET ALONG THE NORTH RIGHT OF WAY LlNE OF WATROUS AVENUE; THENCE N00'53'15"E, FEET TO THE POINT OF BEGINNING; THENCE N01' 1 1'17"E FEET; THENCE S88'48'43"E, FEET; THENCE Sol' 11'1 7"W, FEET: THENCE N88'48'43"W, FEET TO THE POINT OF BEGINNING. CONTAINING 2,588 SOUARE FEET OR ACRES, MORE OR LESS. THIS IS TO CERTlN THAT A VISUAL INSPECTION HAS BEEN MADE Of ALL PROPERTY FOR THE FOLLOWING EXISTING COMMUNITY USES: CHURCHES. SYNAGOGUES, SCHOOLS, CHILD CARE CENTERS, PUBLIC LIBRARIES, COMMUNITY RECREATIONAL FACILITIES, AND PARKS WITHIN A 500-FOOT STRAIGHT LlNE DISTANCE FROM THE PROPOSED SITE. AN INSPECTION OF THE PROPOSED SPECIAL USE PERMITTED SlTE FROM RESIDENTIALLY ZONE0 PROPERTY HAS BEEN MADE AND rls INDICATED IN A STRAIGHT-LINE DISTANCE AS REQUIRED FOR THE SPECIFIC. ALCOHOLIC BEVERAGE PERMIT CLASSIFICATION. IN THE CASE WHERE AN ALCOHOLIC BEVERAGE PERMIT CLASSIFICATION REQUIRES THAT CERTAIN TYPES OF EXISTING ALCOHOLIC BEVERAGE USES WITHIN A 1000-FOOT STRAIGHT-LINE DISTANCE FROM THE PROPOSED SlTE BE INDICATED AS DEFINED IN THE LAND DEVELOPMENT COO. AN INSPECTION HAS BEEN MADE AND THE FlNDlNGS INDICATED ON THE SURVEY VIEET 1 Of J NOTE. 1 AMERICAN SURVEYING I N C

49 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

50 ORDINANCE NO AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE AND MAKING LAWFUL THE SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (2-COP-R) - FOR CONSUMPTION ON THE PREMISES ONLY IN CONNECTION WITH A RESTAURANT BUSINESS ESTABLISHMENT ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 3285 WEST HILLSBOROUGH AVENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit (S-2); and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: "A"), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow an alcoholic beverage sales - small venue. Section 3. That the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-COP-R) - for consumption on the premises only in

51 connection with a restaurant business establishment on that certain lot, plot or tract of land located at 3285 West Hillsborough Avenue, Tampa, Florida, and as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, as if fully set forth herein. Section 4. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, including any waivers provided therein, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 5. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 6. That approval of this Special Use Permit (S-2) shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 7. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 8. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 9. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 10. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed. Section 11. becoming a law. That this Ordinance shall take effect immediately upon

52 PASSED AND ORDAINED Y THE OF TAMPA, FLORIDA, ON I.fi~ ITY COUNCIL OF THE CITY ATTEST: r C H A I R M A N I F CITY COUNCIL APPROVED BY ME ON lju PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: REBECCA M. KERT ASSISTANT CITY ATTORNEY V (2-COP-R) - SYMS Corp West Hillsborough Avenue [SV]

53 . ~pplkation for Special Use - Alcoholic Beverages 9 City of Tampa Land Development Coordination 306 East Jackson Street, 3E Tampa, FL (813) ar 8403 (81 3) fax "Cut-Out" Legal Legal Descrbtion [use sedarate sheet if needed) - MUST BE TYPED & DO NOT ABBREVIATE : DESCRIPTION: ( CUT OUT PARCEL 1 COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH 660 FEET OF THESE 114 OF THE SW 114 OF SECTION 34, TOWNSHIP28 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA, THENCE N. 89'55'30" Eat TO THE EAST RIGHT OF WAY OF LINCOLN AVENUE A DISTANCE OF FEET; THENCE 5.00'26'04" W., ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF FEET; THENCE 5.89O41'27" E., A DISTANCE OF FEETTO THE POINT OF BEGINNING, THENCE S. 89O41'27" E., A DISTANCE OF FEET;TIiENCE '33" W., A DISTANCE OF FEET; THENCE 5. 89"41'27" E., A DISTANCE OF 3.50 FEET; THENCE S.OOO1 8'33" W., A DISTANCE OF FEET; THENCE N. 89" 41'27" W., A DISTANCE OF 6.00 FEET; THENCE S, 45'06f55" W., A DISTANCE OF 5.39 FEE1;THENCE S. 00" 18'33" W., A DISTANCE OF 6.00 FEET; THENCE N. 89"41127" W., A DISTANCE OF FEET; THENCE N. 00" 18'33" E., A DISTANCE OF 3.50 FEET; THENCE N. 89"41127" W., A DISTANCE OF FEET; THENCE N. 00" 18'33" E.1 A DISTANCE OF FEE> TO THE POINT OF BEGINNING, CONTAINING SQ. FEET... - Right-of-way Section '.'... Legal Description is correct & complete; *S Care ~urnber: - ZI 2 Approved by (ROW Staff): & Date of approval: 4-0 AtlarPage: *to EXHIBIT 'W

54

55 LEGAL DESCRtP 77ON DESCRIPTION PARENT TRACT: THE WEST 315 OF THE SOUTH $5 OF THE SOUTHEAST % OF THE S0UTHWES'I"L OF SECTION 34. TOWNSlIlP 28 SOUTH, RANOE L 8 EAST, HILLSBOROUGH COUNTY, FLORIDA, LESS ROAD RIGHTS-OF-WAY FOR I IILLSBOROUGH AVENUE, FOR RIO VISTA COURT, AND FOR LINCOLN AVENUE; ALSO LESS A'TRACT DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SAD WEST 315 OF THE SOUTH '/I OF THE SOUTHEAST!4 OF THE SOUTHWEST 'k OF SECTION 34, RUN NORTH ALONG THE EAST BOUNDARY OF SAID WEST 315 OF THE SOUTI4!4 OF TIIE SOUTHEAST 'k OF THE SOUTHWEST % OF SECTION 34 A DISTANCE OF 33.0 FEET TO A POINT OF BEGINNING: FROM SAID POINT-OF-BEGINNING, CONTINUED NORTH ALONG SAID EAST BOUNDARY OF THE WEST 315 OF THE SOUTH $5 OF THE SOUTHEAST!4 OF THE SOUTHWEST % OF SECTION 34 A DISTANCE OF FEET: RUN THENCE WESTERLY A DISTANCE OF FEET TO A POINT WHICH IS FEET NOR'SH OF THE SOUTH BOUNDARY OF SAlD WEST 3/5 OF THE SOUTH % OF THE SOUTHEAST % OF TIlE SOUTHWEST % OF SECTION 34; RUN THENCE SOUTH, PARALLEL TO THE EAST BOUNDAIIY OF SAID WEST 315 Or; THE SOU'f1 I!.5 OF THE SOUTHEAST % OF THE SOUTHWEST!4 OF SECrION 34, A DISTANCE OF FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF HILLSBOROUGH AVENUE; RUN THENCE EAST ALONG SAlD NOR'rII RIGHT-OF-WAY LINE OF HILLSBOROUGH AVENUE A DISTANCE OF I 14.0 FEET TO THE POINT-OF-BEOINNLNG. LESS AND EXCEPT THE FOLLOWING DESCRlBED LANDS: I ' ' A TRACT OF LAND LYWG THE SOUTHEAST 'k OF'nIE SOUTHWEST!4 OF SEC'rlON 34, TOWNSIlIP 28 SOU'TII, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA AND DESCRIBED AS FOLLOWS: FROM TI IE NORTHWEST CORNER OF THE SOUTH FEET OF THE SOUTHEAST!A OF THE SOUTHWESI' 'A OF SECTION 34, RUN NORTH 89' 55'30" EAST (BEARING FROM AYALA AND SANTUS PLAT) ALONG 1IIE NORTI!.BOUNDARY OF SAID SOUTH FEET OF THE SOUTHEAST l/r OF THE SOUTHWEST '/* FEET TO Tt1E POINT OF BEGINNING; THENCE CONTINUE NORTH 89' 55'30 EAST, ALONG SAID NORTH BOUNDARY OF THE SOUTH FEET, FEET TO THE EXISTING NORTHWEST CORNER OF LOT #3O 01: AL DANA PARK, AS RECORDED M PLAT BOOK 23, PAGE 68, IN THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY. FLORIDA; THENCE SOUTH 0' 22*00^ EAST, ALONG THE EXISTINO (AS MOUMENTED) WEST BOUNDARY OF SAlD AL DANA PARK FEET TO A POWT LYING 50.0 FEET NORTH OF THE SOUIl1 BOUNDARY OF 1'HE SOUTHWEST 'A OF SAlD SECTION 34; SAID POINT LYING ON THE NORTI-1 RIGHT-OF-WAY LINE OF HILLSBOROUGH AVENUE; TWNCE SOUTH 89' 55'30" WEST ALONG SAlD NORTH RIGtJT-OF-WAY LINE FEET, THENCE NORTH 0' 22'00" WEST', FEET TO THE POINT OF BEGINNING.

56 NORTHWEST CORNER OF THE SOUTH 666 OF THE SE I/*\ OF THE SW 1/4 SEC N T A BOUNDARY SURVEY DESCRIPTION SKETCH ONLY? WET ZONE 2-COP ) # 3285 W. HllLSBOROlJGH AVENUE SECTION 34, TOWNSHIP 28 SOUTH, RANGE 18 EAST. HILLSBOROUGH COUNTY. FLORIDA L1 I SHEET 3 OF 5 SEE SHEET 2 FOR DESCRIPTION DESCRIPTION: ( CUT OUT PARCEL ) COMMENCE AT M NORMIYEST CmER OF ME SOUM 660 N T OF TME n 114 OF ME sw i/4 OF scncu 34, WUTH. RANGE 18 EAST. HILLSBORWGH CWNTY. nomh MENCE N. w55*~)' E.. TO ME EAST WOHT OF WAY n wcm AYENVE A ~TANCE OF ~2.m FEET: THENCE a m26'~' w.. ALWO SAD EAST tumr OF WAY UNE A DISTANCE OF FER; ~ T;CE 5. 89'41'27 E.. A DISTANCE OF FEET TO THE PUNT OF BEWNING. lhojce S. BB'41'2T E.. A DISTANCE OF FEET; MEHCE S ' W., A OISTANQI OF FEET; MCE S 89'41'27 L. A DISTANCE OF 3.50 fst; THENCE S. W7BDS3' W.. A USTANCE W 2.10 FEm WEN= N. 89'41'27' W.. A CiSTANCE OF 6.00 mt; MENCE S. 45M'SS' W., A DISTAHCE OF 5.38 FEET: W C E S. 0010'33' W., A MSTANCE DF 6.00 FEET: THENCE N. 89'41'27' W., A DISTANCE W 2.10 FET: I)*NCE N ' E.. A DISTANCE OF 3.50 FEET; TWENCE N. aw41'2r Y, A WSTANCE or mr;.thence N E.. A USTANK OF FEET; TO TH POINT OF BEGRIHNC, CONlAlHNG SO. FEET. EAST F3GHT OF WAY LINE /

57 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

58 AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE AND MAKING LAWFUL THE SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (2-COP-R) - FOR CONSUMPTION ON THE PREMISES ONLY IN CONNECTION WITH A RESTAURANT BUSINESS ESTABLISHMENT ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 2311 EAST FOWLER AVENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit (S-2); and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: "A"), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow an alcoholic beverage sales - small venue. Section 3. That the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-COP-R) - for consumption on the premises only in connection with a restaurant business establishment on that certain lot, plot or

59 tract of land located at East Fowler Avenue, Tampa, Florida, and as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, as if filly set forth herein. Section 4. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, including any waivers provided therein, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 5. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 6. That approval of this Special Use Permit (S-2) shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 7. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 8. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 9. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in fill force and effect. Section 10. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed. Section 11. becoming a law. That this Ordinance shall take effect immediately upon

60 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON I , ATTEST: CHAIRMAN/- CITY COUNCIL PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: 9- A PAM IORIO, MAYOR REBECCA M. KERT ASSISTANT CITY ATTORNEY V (2-COP-R) - Venkata Mosuganti East Fowler Avenue [SV]

61 Petition for ecia! Use 2 Alcoholic Beverages ptje lo42 atvoft-pa Land Devehpnnnt Codhaion 306 East Ja&on Stroot, 3E Tampa, FL Or 8403 (813) 274- fa~ -- 'Cut-Out" Legal Leaal Desaidon (use se~arate sheet if needed) - MUST BE TYPED & DO NOT ABBREVIATE : R PORTION OF THE WEST 518 OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF SECTION 17, TOWNSHIP 28 SOUTH, RANGE 19 EAST8 HIIISBOROUGH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGm AT M E NORTHWEST CORNER OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF STATED SECTH)N 17; THEWE SW12'3T W (ASSUMED BEARING) ALONG THE WEST BOUNDARY OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF SECTION 17 A DISTANCE OF 'TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF FOWLER AVENUE (S.R. 582); THENCE S8Qq4TWE MOW THE SOUTHERLY RIGHT-OF-WAY BOUNDARY OF FOWLER AVENUE (a. 582) A DISTANCE OF FEET; rhence SO(P1 Z32"W, FEEC MEWCE S89'47'28X FEET TO THE POINT OF BEGINNING; WENCE S89'4Vl lue, FEET; THEWE S00"1 W49W FEEf; THENCE NW49'11"W, FEET; IHENCE NO(rl0WnE, FEET TOTHE POINT OF BEGINIYlffi. CONTAINING 2,314 SQUARE FEET OR ACRES, MORE OR LESS. Right-of-way Section 0 Legal Descrlptbn is correct & complete: ' Case Number: t/ U) - ~pprwed by (ROW staff):,@- Date 81 Seal: 03/24/10 of approvai: geb@(* Atlas Page: 6~14 EXHIBIT "A" ate

62 ;'34+ 2 O-Cd.:. '. i; 0-1 SPECIFIC PURPOSE SURVEY.. i I,.. :. WET ZONING A PPLICA TlON i "...- NW CORNER WEST 5/8 NW 1/4 NW 1/4 SEC E FOWLER AVE (SR 582)..'. 8 '.i I: SOUTH R/W LlNE POINT OF BEGINNING / L7 1 LINE TABLE I CUT* MlEP A wrnon OF M WEST 518 OF THE NORT-T 1/4 Of r)re -ST 1/4 OF SECTIOH 17.TOYNS)AP a SOUTH. RWCE 19 WT. HUfeORWOl COUNlY. ROWOA,YORE PUITI#IURLYDLSCRlflEDASm. OEOn ATTHE NDRlPWSCQR#ROFTnLmOl l/4wthewolwiflkst 1/4w STATE0 SECMm 17; tnfwce W12'32'W (m BEAR*IG) 1)K WEST BOU)(OARI OF M WaRnmSI 1/4 Of hl WOATMCJT 1/4 OF S E T 17 A orslue of ria7z9 To A Pam Ow M!mJIMmY --Of-WY eouuwr OF -R (*R sa)t nuka w47'mx wwc r e. WWWERLY RGHT-#-WAY BOUI*Wn OC FOlCW AmUE (SR. 562) A WrhNCE W YlOIYl FEET: WE= SO(r12'3tk, FEET. WENE SIW47'282, FEET m TM WI)Ir OF muum[i: MWCE. Sw49'1l'E an; THENCE SW10'49w, m.70 rn wtax ~40'11%. *..a m: TUEN(X Wto'rOZ. m.ki rn To IHE POlWT OC BCO#WIWC. ~ADIIUG THS 234 SPU~RE FELT OR 0.05~1 ACRES. UWL OR m. o m cmm TmT A MPW urs#cnou I& am IWE OF 4u PROPmR Fa? M FOUOmO E xmw COwmfV USES: CHURCNS, swwogues, SOI)cW, CHLll CAM CENTERS. W E W S. REQKA3KWSH - F m0 P-S WTM A =-FOOT SIRAY;HT UN OSTmCE W Pm#)6EOs~ru,~dr~PAopoKoSPECYLWEmYITTODQTfFR(YIRESIOD(rWYZODD#tOPORTT~BEENwmIS~m)w A S ~ - L I W E ~ A l i l Q A J R E Q U R E O M W S P r ~ ~ e M l u r ; E ~ M S L F l e A T K W (. W M ~ ~ W I H U M U C M M P U #

63 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.

64 ORDINANCE NO q AN ORDINANCE AMENDING ORDINANCE NO PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA ON AUGUST 21, 2008, CORRECTING A SCRIVENER'S ERROR BY SUBSTITUTING THE APPROVED SITE PLAN DATED AUGUST 14, 2008, FOR THE OLD SITE PLAN DATED MAY 22,2008, ATTACHED TO THE ORDINANCE THAT WAS SUPPLIED IN ERROR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary to amend Ordinance No to correct a scrivener's error by substituting the approved site plan dated August 14, 2008, for the old site plan dated May 22,2008, attached to the Ordinance that was supplied in error. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That Exhibit "B" to Ordinance No is hereby amended by substituting the approved site plan dated August 14, 2008, attached as Exhibit "B", for the incorrect site plan dated May 22, 2008, that was attached as Exhibit "B" to Ordinance No in error. Section 2. conflict. That all ordinances in conflict are repealed to the extent of any Section 3. That if any part of this ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. law. Section 4. That this ordinance shall take effect immediately upon becoming a

65 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON 1 JuL ATTEST: CITY COUNCIL - IEM APPROVED by me on 1 JuL PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

66 ORDNAYCE NO ) AV ORDNANCE A ihdng ORDINANCE NO WHICH AMENDED THE TAMPA COMPREHENSIVE PLAN, FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP, FOR THE PROPERTY LOCATED IN THE GENERAL VICINITY OF INTERBAY BOULEVARD ABUTT'ING MACDILL AIR FORCE BASE BETWEEN LOIS AVENUE AND DALE MABRY HIGHWAY FROM LIGHT INDUSTRIAL (LI) TO COMMUNITY MIXED USE-35 (CMU-35); PROVIDING FOR ADDITIONAL CONDITIONS OF DEVELOPMENT; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 21, 2008, the City of Tampa ("City") adopted Ordinance No approving a comprehensive plan amendment changing the land use designation on property owned by Spray Miser International, Inc and providing for additional conditions.; and WHEREAS, September 26, 2008 pursuant to Section (6)(b), Florida Statutes, the Department of Community Affairs filed a Petition for Formal Administrative Proceeding with the Florida Division of Administrative Hearings, DOAH Case No GM ("Administrative Proceeding"); and WHEREAS, Section l84(16), Florida Statutes, provides that at any time following the issuance of a Notice of Intent to find a comprehensive plan amendment not in compliance, the state planning agency and the local government may voluntarily enter into a compliance agreement to settle one or more issues raised by the state land planning agency; and WHEREAS, on June 10, 2010 City Council held a public hearing and on July 15, 2010, City Council approved a Stipulated Settlement Agreement between the Florida Department of Community Affairs, the Department of the Air Force, the City of Tampa, and Spray Miser International, Inc. settling an administrative proceeding between the parties; and WHEREAS, as provided for in the Stipulated Settlement Agreement, Ordinance No which adopted the map amendment which was the subject of the Administrative Proceeding was amended as more fully described in Section 2 below ("Map Amendment"); and WHEREAS, the procedure for a remedial amendment to the Tampa Comprehensive Plan or element is specified in Part 11, Chapter 163, Florida Statutes. This amendment has been adopted in compliance with those requirements.

67 WHEREAS, pursuant to Chapter 163, Florida Statutes, the City Council of the City of Tampa held public hearings during which it received and reviewed the Text Amendment, and determined the Text Amendment is consistent with the Tampa Comprehensive Plan, and evidence and testimony provided during public testimony; and WHEREAS, the City Council of the City of Tampa finds the proposed plan amendment, with staffs recommendation, to be consistent with the Tampa Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That Section 2 of Ordinance No is deleted in its entirety and replaced with the following: "That the Future Land Use Element, Future Land Use Map, of the Tampa Comprehensive Plk is amended as follows: Plan Amendment PA07-02 The. Future Land Use Element, Future Land Use Map, for the property located in the general vicinity of Interbay Boulevard abutting MacDill Air Force Base between Lois Avenue and Dale Mabry Highway ("Subject Property") be amended from Light Industrial (LI) to Community Mixed Use-35 (CMU-35) "subject to the conditions detailed below: 1) There shall be no vertical development on the Subject Property within the area described as the Clear Zone ("CZ"), as shown on the 2025 Future Land Use Map as the MacDill Air Force Base CZ and more particularly described in the 2008 MacDill Air Installation Compatible Use Zone Study. The CZ starts at the end of the existing runway and extends outward 3,000 feet and is 3,000 feet wide (1,500 feet to either side of the extended runway's centerline). The Subject Parcel, as well as the CZ location, are more particularly described in the Site Survey, attached as Attachment "2" and incorporated herein by reference. 2) That portion of the Subject Property located within said CZ may be used and developed as support facilities such

68 as, but not limited to, retention ponds, open space, andfor passive recreation uses in connection with development of the Subject Property. 3) At the time of development of the Subject Property, the developerlproperty owner will demonstrate that all new residential development within the Day Noise Level (DNL) contour zones will achieve an outdoor to indoor Noise Level Reduction (NLR) of a maximum of 30dB if the DNL is in excess of 70 db, or a lesser db for any portion of the property located in a lower DNL zone." Section 3. That Section 3 of Ordinance No is deleted in its entirety and replaced with the following: "Prior to the issuance of any development permits on the Subject Property, the following conditions shall apply: The Subject Property shall not be affected by any future amendment to the City's Comprehensive Plan relating to andlor in connection with compatibility with MacDill Air Force Base which amendments are required for compliance with Florida Statutes Section (6)(a)(2009). Furthermore, any areas situated within the -Subject Parcel which may be considered Environmentally Sensitive Areas ("ESAs") shall not be affected by the ESA transfer provision contained within the City of Tampa's Comprehensive Plan." Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 5. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions at the City of Tampa's election shall remain in full force and effect. Section 6. That the effective date of this Amendment shall be the date of the final order issued by the Department of Community Affairs or Administration Commission finding the Amendment in compliance in accordance with Section , Florida Statutes, which ever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, this Amendment shall nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida

69 PASSED AND 0RDAIPTE.D BY THE CITY COUXCIL OF THE CITY OF TAMPA, FLORIDA, ON ATTEST: CITY COUNCIL PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: APPROVED by me on PAM IORIO, MAY OR JULIA MANDELLCOLE SENIOR ASSISTANT ci?;y ATTORNEY K:Webbie\Ord'mancesWIan AmendmentsWA Large Scale Remedial Map Amendment v2

70