(Attached hereto and made a part hereof as Exhibit

Transcription

1 I ORDINANCE NO Jtf 2 3 AN ORDINANCE REZONING PROPERTY IN THE GENERAL 4 VlCINJTY OF 3612 TEMPLE STREET, IN THE CITY OF 5 TAMPA, FLORIDA, AND MORE PARTICULARLY 6 DESCRIBED IN SECTION I, FROM ZONING DISTRICT 7 CLASSTFICATION(S) RM-16 (RESIDENTIAL, MULTIPLE- 8 FAMILY) TO CG (COMMERCIAL GENERAL); PROVIDING 9 AN EFFECTTVE DATE. 10 II WHEREAS, a public hearing as required by law was held in City Council 12 Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of 13 Tampa, Florida, relating to the rezoning of the real property described in Section 1 14 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 19 OFTHECITYOFTAMPA, FLORIDA: Section l. That the Zoning District Classification upon the following 22 described real property, situate, lying and being in the City of Tampa, County of 23 Hillsborough and State of Florida, more particularly described as fo llows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit which is presently zoned RM-16 (residential, multiple-family) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION CG (commercial general), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. Section 2. That approval of this rezoning 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 rezoned site. Section 3. That approval of this rezoning 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 rezoned site, if applicable. Section 4. That the approval of said rezoning shall not release the Petitioner/Owner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site. REZI8-22_ VI -1-

2 Section 5. That, pursuant to Florida Statutes Section , the 2 issuance of this approval does not in any way create any right on the part of an 3 applicant to obtain a permit from a state or federal agency and does not create any 4 liability on the part of the City for issuance of the permit if the applicant fails to 5 obtain requisite approvals or fulfill the obligations imposed by a state or federal 6 agency or undertakes actions that result in a violation of state or federal law. 7 8 Section 6. That, pursuant to Florida Statutes Section , all other 9 applicable state or federal permits must be obtained before commencement of the 10 development. I I 12 Section 7. That all ordinances in conflict herewith are repealed to the 13 extent of any conflict Section 8. That if any part of this ordinance shall be declared 16 unconstitutional or invalid by a court of competent jurisdiction, the remaining 17 provisions shall remain in full force and effect Section 9. That this ordinance shall take effect immediately upon 20 becoming a law PASSED AND ORDAINED BY T 23 TAMPA, FLORIDA ONMAY ATTEST: ettlmr:~ttfchairman PRO-TEM, 29 CIL APPROVED by me on _..;_ MA_Y_0_7_2_01_8 _ PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: BOB BUCKHORN, MAYOR E/S 47 REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY REZ18-22 REZI8-22_YI -2-

3 Application for Rezoning City of Tampa land Development Coordination 1400 North Boulevard Tampa, Fl33602 (813) (phone) Application Number: REZ LEGAL DESCRIPTION (use separate sheet If needed) MUST BE TYPED & DO NOT ABBREVIATE; LOTS 9 AND 10, BLOCK 20 GRANT PARK SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 30, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. Fie 1: RI!Z 1W2 Allaa: 0.11 By:,._ ~. ~ Dele: EXHIBIT "A"

4 The Free Press (Published Weekly) Tampa, Hillsborough County, Florida STATE OF FLORIDA, COUNTY OF HILLSBOROUGH. Before the undersigned authority personally appeared JOHN N. HARRISON, IV, who on oath says that he is Publisher of THE FREE PRESS, a weekly newspaper published at Tampa, in Hillsborough County, Florida, that the attached copy of advertising being a true copy in the matter of Ordinances approved on 1st Reading May 3, 2018 at 9:30 a.m. File No. SU File No. SU File No. REZ18-22 File No. REZ18-23 File No. REZ18-26 File No. REZ18-29 File No. VAC was published in said newspaper in the issue of April 21, Affiant further says that the said THE FREE PRESS is a newspaper published at Tampa, in said Hillsborough County, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each week and has been entered as a second-class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. This 21st day of April, who is personally known to me SWORN TO and subscribed before me This 21st day of April, Mark Terry

5 NOTICE OF PUBLIC HEARING ON May 3, 9:30 A.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 315 E. KENNEDY BLVD., THIRD FLOOR, TAMPA, FLORIDA, A PUBLIC HEARING WILL BE HELD BY THE TAMPA CITY COUNCIL TO CONSIDER THE FOLLOWING ORDINANCES FOR ENACTMENT: File No. SU An ordinance approving a Special Use Permit (S-2); approving a daycare in an RS-50 (residential, single-family) and RO- 1 (residential office) zoning district in the general vicinity of 1114 West Sligh Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. SU An ordinance approving a Special Use Permit (S-2); approving a school in an RS-50 (residential, single-family) zoning district in the general vicinity of 1913 and 1921 East Giddens Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. REZ18-22 general vicinity of 3612 Temple Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RM-16 (residential, multiple-family) to CG (commercial general); providing an effective date. File No. REZ18-23 general vicinity of 301 North Rome Avenue, 1515, 1517, 1519, 1521 and 1523 West North B Street and 1524 West Fig Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) PD (planned development, residential, single-family attached and strip shopping center (all CG uses)) to PD (planned development, residential, single-family attached and strip shopping center (all CG uses)); providing an effective date. File No. REZ18-26 general vicinity of Henderson Boulevard, 1002 South Church Avenue and 3816 West Morrison Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CG (commercial general) to PD (planned development, office, business/professional and medical, adult education, bank with drive-in window, retail, residential, daycare and post office; providing an effective date. File No. REZ18-29 general vicinity of 3607 and 3708 North Armenia Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CI (commercial intensive) and PD (planned development, retail/office or commercial off-street parking) to PD (planned development, animal shelter and commercial off-street parking); providing an effective date. File No. VAC An ordinance vacating, closing, discontinuing and abandoning right-ofway/alleyway located south of Gordon Street, north of Davis Street, east of 24th Street, and west of Bermuda Boulevard, in Map of East Tampa, a Subdivision in the City of Tampa, Hillsborough County, Florida, the same being more fully described in Section 1 hereof, subject to certain easement reservation(s), covenants, conditions and restrictions more particularly set forth herein: providing an effective date. SAID ORDINANCES MAY BE INSPECTED AT THE OFFICE OF THE CITY CLERK, CITY HALL, 3RD FLOOR CITY HALL, 315 E. KENNEDY BLVD., TAMPA, FL, DURING REGULAR BUSINESS HOURS, 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO HIRE A COURT REPORTER TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND SECTION , FLORIDA STATUTES, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS MEETING SHOULD CONTACT THE CITY CLERK S OFFICE AT LEAST FORTY- EIGHT (48) HOURS PRIOR TO THE DATE OF THE MEETING. INTERESTED PARTIES MAY APPEAR AND BE HEARD AT SAID HEARING. SHIRLEY FOXX-KNOWLES, CMC CITY CLERK 4-21

6 I I ORDINANCE NO. 20 I 8-U 5 AN ORDINANCE REZONfNG PROPERTY fn THE GENERAL VICINITY OF 301 NORTH ROME AVENUE, 151 5, 1517, 15 I9, 1521 AND 1523 WEST NORTH B STREET AND 1524 WEST FIG STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION I, FROM ZONING DISTRICT CLASSIFICATION(S) PD (PLANNED DEVELOPMENT, RESIDENTIAL, SINGLE-F AMTL Y A TI ACHED AND STRIP SHOPPING CENTER (ALL CG USES)) TO PD (PLANNED DEVELOPMENT, RESIDENTIAL, SINGLE FAMILY ATTACHED AND STRIP SHOPPING CENTER (ALL CG USES)); PROVIDING AN EFFECTIVE DATE. I 5 WHEREAS, a public hearing as required by law was held in City Council 16 Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of 17 Tampa, Florida, relating to the rezoning of the real property described in Section I 18 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 23 OF THE CITY OFT AMP A, FLORIDA: Section 1. That the Zoning District Classification upon the following 26 described real property, situate, lying and being in the City of Tampa, County of 27 Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit A), 32 which is presently zoned PD (planned development, residential, single-family 33 attached and strip shopping center (all CG uses)) under City of Tampa Code Chapter 34 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned 35 development, residential, single-family attached and strip shopping center (all CG 36 uses)), as provided for in Chapter 27, City of Tampa Code, and that the zoning map 37 be amended to reflect said change on the above-described legal description and all 38 information shown thereof shall be as much a part of this ordinance as if such 39 information set forth on said zoning map of the City of Tampa was all fully 40 described and set out herein Section 2. That said Zoning District Classification is hereby amended 43 and to 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. 46 Section 3. That approval of this rezoning shall not release the 47 Petitioner/Owner from meeting the requirements of the City of Tampa's 48 Concurrency Management System Ordinance at the time of actual permitting and 49 development ofthe rezoned site, if applicable. 50 Section 4. That the approval of said rezoning shall not release the Petitioner/Owner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site. REZ18-23_ Vl - 1-

7 2 Section 5. That, pursuant to Florida Statutes Section , the 3 issuance of this approval does not in any way create any right on the part of an 4 appli'cant to obtain a permit from a state or federal agency and does not create any 5 liability on the part of the City for issuance of the permit if the applicant fails to 6 obtain requisite approvals or fulfill the obligations imposed by a state or federal 7 agency or undertakes actions that result in a violation of state or federal law. 8 9 Section 6. That, pursuant to Florida Statutes Section , all other applicable state or federal permits must be obtained before commencement of the 11 development Section 7. That all ordinances in conflict herewith are repealed to the 14 extent of any conflict Section 8. That if any part of this ordinance shall be declared 17 unconstitutional or invalid by a court of competent jurisdiction, the remaining 18 provisions shall remain in full force and effect. 19 That this ordinance shall take effect immediately upon I o Section 9. becoming a law. 23 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF 24 TAMPA, FLORIDA ON1AY ATTEST: PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY APPROVED by me on MAY BOBBUCKHORN,MAYOR REZ18-23 REZ18-23_ VI -2-

8 Application for Rezoning City oftampa Lind Development Coordination 1"00 North Boulevard Tampa, FL JJ602 (813) (phone) Application Humber: AEZ LEGAL DESCRIPTION (use separate sheet If needed) MUST BE TYPED & DO NOT ABBREVIATE; A parcel of land encompassing Lot(s) 9 through 18, Block 3, FULLER'S SUBDIVISION, as recorded In Plat Book 1, Page 68, of the Public Records of Hillsborough County, Florida; TOGETHER WITH the vacated 10' Alley between Lot(s) 9 through 16: TOGETHER WITH the South half of the vacated 1 0' Alley abutting the North line of Lot(s) 17 and 18 and being more particularly described as follows: BEGIN at a found P.K. nail and disk L.B marking the Intersection of the East right of way line of Rome Avenue and the South right of way line of Fig Street said point also btlng the Northwest comer of Lot 12 of said FULLER'S SUBDIVISION; thence S.89 degrees 14'16"E., on the South right of way line of Fig Street also being the North line of said Lot(s) 9 through 12, a distance of feet to the Northeast comer of said Lot 9; thence s.oo degrees 17'43" W., on the East line of said Lot 9 and Its Southerly extension thereof, a distance of feet to the center line of a vacated 1 0' Alley; thence S.89 degrees 14'16" E., on the center line of said vacated 1 0' Alley, a distance of feet to a point at the Intersection of the center line of said vacated 1 0' Alley and the Northerly extension of the East line of said lot 18; thence S.OO degrees 15'44''W., on the East line of said Lot 18 and Its Northerly extension thereof, a distance of feet to the Southeast corner of said Lot 18 and a point on the North right of way line of North "B" Street; thence N.89 degrees 14'16"W., on the North right of way line of said North a Street also being the South Une of said Lot(s) 13 through 18, a distance of feet to a point at the Intersection of the North right of way line of said North a Street and the East right of way line of said Rome Avenue also being the Southwest corner of said Lot 13; thence N. 00 degrees 15'44"E., on the East right of way line of said Rome Avenue also being the West line of said Lot(s) 12 and 13 and the vacated 1 0' Alley, a distance of feet to the POINT OF BEGINNING. Ftle t llll t...m Alas:._11 By:, ~. e.- D te: EXHIBIT "A"

9 The Free Press (Published Weekly) Tampa, Hillsborough County, Florida STATE OF FLORIDA, COUNTY OF HILLSBOROUGH. Before the undersigned authority personally appeared JOHN N. HARRISON, IV, who on oath says that he is Publisher of THE FREE PRESS, a weekly newspaper published at Tampa, in Hillsborough County, Florida, that the attached copy of advertising being a true copy in the matter of Ordinances approved on 1st Reading May 3, 2018 at 9:30 a.m. File No. SU File No. SU File No. REZ18-22 File No. REZ18-23 File No. REZ18-26 File No. REZ18-29 File No. VAC was published in said newspaper in the issue of April 21, Affiant further says that the said THE FREE PRESS is a newspaper published at Tampa, in said Hillsborough County, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each week and has been entered as a second-class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. This 21st day of April, who is personally known to me SWORN TO and subscribed before me This 21st day of April, Mark Terry

10 NOTICE OF PUBLIC HEARING ON May 3, 9:30 A.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 315 E. KENNEDY BLVD., THIRD FLOOR, TAMPA, FLORIDA, A PUBLIC HEARING WILL BE HELD BY THE TAMPA CITY COUNCIL TO CONSIDER THE FOLLOWING ORDINANCES FOR ENACTMENT: File No. SU An ordinance approving a Special Use Permit (S-2); approving a daycare in an RS-50 (residential, single-family) and RO- 1 (residential office) zoning district in the general vicinity of 1114 West Sligh Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. SU An ordinance approving a Special Use Permit (S-2); approving a school in an RS-50 (residential, single-family) zoning district in the general vicinity of 1913 and 1921 East Giddens Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. REZ18-22 general vicinity of 3612 Temple Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RM-16 (residential, multiple-family) to CG (commercial general); providing an effective date. File No. REZ18-23 general vicinity of 301 North Rome Avenue, 1515, 1517, 1519, 1521 and 1523 West North B Street and 1524 West Fig Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) PD (planned development, residential, single-family attached and strip shopping center (all CG uses)) to PD (planned development, residential, single-family attached and strip shopping center (all CG uses)); providing an effective date. File No. REZ18-26 general vicinity of Henderson Boulevard, 1002 South Church Avenue and 3816 West Morrison Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CG (commercial general) to PD (planned development, office, business/professional and medical, adult education, bank with drive-in window, retail, residential, daycare and post office; providing an effective date. File No. REZ18-29 general vicinity of 3607 and 3708 North Armenia Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CI (commercial intensive) and PD (planned development, retail/office or commercial off-street parking) to PD (planned development, animal shelter and commercial off-street parking); providing an effective date. File No. VAC An ordinance vacating, closing, discontinuing and abandoning right-ofway/alleyway located south of Gordon Street, north of Davis Street, east of 24th Street, and west of Bermuda Boulevard, in Map of East Tampa, a Subdivision in the City of Tampa, Hillsborough County, Florida, the same being more fully described in Section 1 hereof, subject to certain easement reservation(s), covenants, conditions and restrictions more particularly set forth herein: providing an effective date. SAID ORDINANCES MAY BE INSPECTED AT THE OFFICE OF THE CITY CLERK, CITY HALL, 3RD FLOOR CITY HALL, 315 E. KENNEDY BLVD., TAMPA, FL, DURING REGULAR BUSINESS HOURS, 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO HIRE A COURT REPORTER TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND SECTION , FLORIDA STATUTES, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS MEETING SHOULD CONTACT THE CITY CLERK S OFFICE AT LEAST FORTY- EIGHT (48) HOURS PRIOR TO THE DATE OF THE MEETING. INTERESTED PARTIES MAY APPEAR AND BE HEARD AT SAID HEARING. SHIRLEY FOXX-KNOWLES, CMC CITY CLERK 4-21

11 ORDINANCE NO ~ I 2 3 AN ORDlNANCE REZONING PROPERTY ln THE GENERAL 4 VICINITY OF HENDERSON BOULEVARD, 1002 s SOUTH CHURCH A VENUE AND 38 I 6 WEST MORRISON 6 A VENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE 7 PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING 8 DISTRICT CLASSIFICA TION(S) CG (COMMERCIAL 9 GENERAL) TO PD (PLANNED DEVELOPMENT, OFFICE, 10 BUSINESS/PROFESSIONAL AND MEDICAL, ADULT 11 EDUCATION, BANK WITH ORNE-IN WINDOW, RETAIL, 12 RESIDENTIAL, DA YCARE AND POST OFFICE; PROVIDING 13 AN EFFECTIVE DATE WHEREAS, a public hearing as required by law was held in City Council 16 Chambers, Third Floor, City Hall, 3 I 5 East Kennedy Boulevard, in the City of 17 Tampa, Florida, relating to the rezoning of the real property described in Section I 18 of this ordinance under the terms and provisions of Chapter 27, City oftampa Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 23 OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the fo llowing 26 described real property, situate, lying and being in the City of Tampa, County of 27 Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit 30 A), which is presently zoned CG (commercial general) under City of Tampa Code 33 Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned 34 development, office, business/professional and medical, adult education, bank with 35 drive-in window, retail, residential, daycare and post office, as provided for in 36 Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said 37 change on the above-described legal description and all information shown thereof 38 shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. 41 Section 2. That said Zoning District Classification is hereby amended 42 and to be controlled by the approved, c.ertified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit B. 45 Section 3. That approval of this rezoning shall not release the 46 Petitioner/Owner from meeting the requirements of the City of Tampa's 47 Concurrency Management System Ordinance at the time of actual permitting and development ofthe rezoned site, if applicable. 50 Section 4. That the approval of said rezoning shall not release the Petitioner/Owner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site. REZ18-26_ VI -I-

12 I Section 5. That, pursuant to Florida Statutes Section , the 2 issuance of this approval does not in any way create any right on the part of an 3 applicant to obtain a permit from a state or federal agency and does not create any 4 liability on the part of the City for issuance of the permit if the applicant fails to 5 obtain requisite approvals or fulfill the obligations imposed by a state or federal 6 agency or undertakes actions that result in a violation of state or federal law. 7 8 Section 6. That, pursuant to Florida Statutes Section , all other 9 applicable state or federal permits must be obtained before commencement of the I 0 development. I I 12 Section 7. That all ordinances in conflict herewith are repealed to the 13 extent of any conflict Section 8. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 9. becoming a law. 25 ATTEST: That this ordinance shall take effect immediately upon PASSED AND QR.OI\AN~l1dU' THE CITY COUNCIL OF THE TAMP A, FLORIDA ol'fl#\ l v. PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY APPROVEDbymeon MAY REZ18-26 F REZ18-26 VI -2-

13 Application for Rezoning City 0fT1mp1 L1nd Development Coordln1tlon 1400 North 8oulev1rd T1mp1, FL :U602 (113) (phone) AppllatlonNUIIlbr. RBZ LEGAL DESCRIPTION Cusa separate sheet If nhdtd) MUST BE TYPED & DO NOT ABBREVIATE; LOTS 1, THROUGH 10, 1NCLUSIVE, A.W. CONKLIN'S RE.SUBDMSIOH OF LOT 3, BLOCK 1 5-A OF SOUTtf.ANO SUBOMSIOH, ACCORDING TO THE MAP OR PLAT THEREOF, M RECORDED 1H PlAT BOOK 1 t, PAGE 89, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. AND LOTS 1 THROUGH 7,1NCLUSIVE, BONNIE BRAE, ACCORDING TO THE MAP OR PLAT THEREOF M RECORDED IN PLAT BOOK 10, PAGE 20, OF THE PUBLIC RECORDS OF HillSBOROUGH COUNTY, FLORIDA. AND LOT 8, E.E. SMITH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK t 1, PAGE 79, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. LANDS DESCRIBED ABOVE SUBJECT TO ROAD RIGHTS OF WAY. ALL LOTS COMBINED CONTAINING t2of,730 SQUARE FEET OR 2.88 ACRES MORE OR LESS. Fief: IlL-,..._. Allat: By: ~ e-4 O.te: H EXHIBIT "A"

14 The Free Press (Published Weekly) Tampa, Hillsborough County, Florida STATE OF FLORIDA, COUNTY OF HILLSBOROUGH. Before the undersigned authority personally appeared JOHN N. HARRISON, IV, who on oath says that he is Publisher of THE FREE PRESS, a weekly newspaper published at Tampa, in Hillsborough County, Florida, that the attached copy of advertising being a true copy in the matter of Ordinances approved on 1st Reading May 3, 2018 at 9:30 a.m. File No. SU File No. SU File No. REZ18-22 File No. REZ18-23 File No. REZ18-26 File No. REZ18-29 File No. VAC was published in said newspaper in the issue of April 21, Affiant further says that the said THE FREE PRESS is a newspaper published at Tampa, in said Hillsborough County, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each week and has been entered as a second-class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. This 21st day of April, who is personally known to me SWORN TO and subscribed before me This 21st day of April, Mark Terry

15 NOTICE OF PUBLIC HEARING ON May 3, 9:30 A.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 315 E. KENNEDY BLVD., THIRD FLOOR, TAMPA, FLORIDA, A PUBLIC HEARING WILL BE HELD BY THE TAMPA CITY COUNCIL TO CONSIDER THE FOLLOWING ORDINANCES FOR ENACTMENT: File No. SU An ordinance approving a Special Use Permit (S-2); approving a daycare in an RS-50 (residential, single-family) and RO- 1 (residential office) zoning district in the general vicinity of 1114 West Sligh Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. SU An ordinance approving a Special Use Permit (S-2); approving a school in an RS-50 (residential, single-family) zoning district in the general vicinity of 1913 and 1921 East Giddens Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. REZ18-22 general vicinity of 3612 Temple Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RM-16 (residential, multiple-family) to CG (commercial general); providing an effective date. File No. REZ18-23 general vicinity of 301 North Rome Avenue, 1515, 1517, 1519, 1521 and 1523 West North B Street and 1524 West Fig Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) PD (planned development, residential, single-family attached and strip shopping center (all CG uses)) to PD (planned development, residential, single-family attached and strip shopping center (all CG uses)); providing an effective date. File No. REZ18-26 general vicinity of Henderson Boulevard, 1002 South Church Avenue and 3816 West Morrison Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CG (commercial general) to PD (planned development, office, business/professional and medical, adult education, bank with drive-in window, retail, residential, daycare and post office; providing an effective date. File No. REZ18-29 general vicinity of 3607 and 3708 North Armenia Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CI (commercial intensive) and PD (planned development, retail/office or commercial off-street parking) to PD (planned development, animal shelter and commercial off-street parking); providing an effective date. File No. VAC An ordinance vacating, closing, discontinuing and abandoning right-ofway/alleyway located south of Gordon Street, north of Davis Street, east of 24th Street, and west of Bermuda Boulevard, in Map of East Tampa, a Subdivision in the City of Tampa, Hillsborough County, Florida, the same being more fully described in Section 1 hereof, subject to certain easement reservation(s), covenants, conditions and restrictions more particularly set forth herein: providing an effective date. SAID ORDINANCES MAY BE INSPECTED AT THE OFFICE OF THE CITY CLERK, CITY HALL, 3RD FLOOR CITY HALL, 315 E. KENNEDY BLVD., TAMPA, FL, DURING REGULAR BUSINESS HOURS, 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO HIRE A COURT REPORTER TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND SECTION , FLORIDA STATUTES, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS MEETING SHOULD CONTACT THE CITY CLERK S OFFICE AT LEAST FORTY- EIGHT (48) HOURS PRIOR TO THE DATE OF THE MEETING. INTERESTED PARTIES MAY APPEAR AND BE HEARD AT SAID HEARING. SHIRLEY FOXX-KNOWLES, CMC CITY CLERK 4-21

16 II /f' \'\'~ ORDINANCE NO lll_ AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3607 AND 3708 NORTH ARMENIA A VENUE, ln THE CITY OF TAMP A, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION I, FROM ZONING DISTRICT CLASSJFICA TION(S) CI (COMMERCIAL INTENSIVE) AND PD (PLANNED DEVELOPMENT, RETAIL/OFFICE OR COMMERCIAL OFF-STREET PARKING) TO PO (PLANNED DEVELOPMENT, ANIMAL SHELTER AND COMMERCIAL OFF-STREET PARKING); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by Jaw was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real property described in Section 1 of this ordinance under the tenns and provisions ofchapter 27, City of Tampa Code. NOW, THEREFORE, 21 BE IT ORDAINED BY THE CITY COUNCIL 22 OF THE CITY OFT AMP A, FLORIDA: Section l. That the Zoning District Classification upon the following 25 described real property, situate, lying and being in the City of Tampa, County of 26 Hillsborough and State offlorida, more particularly described as fo llows: 27 (Attached hereto and made a part hereof as Exhibit LEGAL DESCRIPTION: A), 31 which is presently zoned CI (commercial intensive) and PO (planned development, 32 retaivoffice or commercial off-street parking) under City of Tampa Code Chapter 33 27, be changed to ZONlNG DISTRICT CLASSIFICATION PO (planned 34 development, animal shelter and commercial off-street parking, as provided for in 35 Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said 36 change on the above-<lescribed legal description and all infonnation shown thereof 37 shall be as much a part of this ordinance as if such infonnation set forth on said 38 zoning map of the City oftampa was all fully described and set out herein Section 2. That said Zoning District Classification is hereby amended 41 and to be controlled by the approved, certified site development plan, a copy of 42 which is attached hereto and by reference made a part hereof as Exhibit B Section 3. That approval of this rezoning shall not release the 45 Petitioner/Owner from meeting the requirements of the City of Tampa's 46 Concurrency Management System Ordinance at the time of actual pennitting and 47 development of the rezoned site, if applicable Section 4. That the approval of said rezoning shall not release the 50 Petitioner/Owner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual pennitting and development of the rezoned site. REZI8-29_ V I -I-

17 I Section 5. That, pursuant to Florida Statutes Section , the 2 issuance of this approval does not in any way create any right on the part of an 3 applicant to obtain a permit from a state or federal agency and does not create any 4 liability on the part of the City for issuance of the permit if the applicant fails to 5 obtain requisite approvals or fulfill the obligations imposed by a state or federal 6 agency or undertakes actions that result in a violation of state or federal law. 7 8 Section 6. That, pursuant to Florida Statutes Section , all other 9 applicable state or federal permits must be obtained befo re commencement of the I 0 development Section 7. That all ordinances in conflict herewith are repealed to the extent of any conflict Section 8. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 9. becoming a law. That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CIT TAMPA, FLORIDA ON MAY ATTEST: PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY APPROVED by me on MAY REZ18-29 REZI8-29_VI -2-

18 Application for Rezoning City oftampa Land Develop"*'t Coordination 1400 North Boulev.rd r...,_,flss602 (IU) (phone) Applatlon ~er: REZ 18-0()()()()2G --~~~~ LEGAL DESCRIPTION lust separate shut If nttdtdl MUST BE TYPED lc DO NOT ABBREVIATE: ALL THAT PART OF LOTS 2 TO 241NCLUSIVB, IN BLOCK. 4 OF WBST TAMPA HBIOIITS RBCORDBD IN PLAT BOOK.4 ON PAGB 100 OFTHB PUBLIC RBCORDS OF HILLSBOROUGH COUNTY, FLORIDA LYING WBSTERLY 0 THB WBSTBRL Y RIGHT OF WAY LINB OF HOWARD A VBNUB AS LOCATBD BY THAT CERTAIN DBIID TO THB CITY OF TAMPA DATBD JULY 2,1953 AND FILBD JULY 28, 19531N DBBD BOOK ON PAOB 74 OFTHB PUBLIC RBCORDS OF HILLSBOROUGH COUNTY, FLORIDA. AND ALL THAT PART OF CLOSED ALLBY ABUTIINO LOTS 2 TO 121NCLUSIVB IN BLOCK 4 OF SAID WEST TAMPA HBIOHTS ON THB SOUTH SlOB OF AND ABU'ITING LOTS 13 TO 231NCLUSIVB IN BLOCK. 4 OF SAID WEST TAMPA HBIOHTS ON THE NORTH SiDB THBRBOF LYING BAST OF A SOU'lliBRLY PRGJBCTION OF THB WBST LINB OF LOT I lin BLOCK. 4 OF SAID WBST TAMPA HBIOHTS, ALL LYINO WBSTBRL Y OF THB WBSTBRLY RIGHT OF WAY UNB OF SAID HOWARD A VBNUB AS LOCATED BY THAT CBRTAIN DBIID TO THB CITY OF TAMPA DATBD JULY 2, 1953 AND FILBD JULY 28, 19531N DBBD BOOK ON PAOB 74 OFTHB PUBUC RECORDS OF HILLSBOROUGH COUNTY, FLORJDA. TOOBTHBR WITH LOTS 1 TO 5,1NCLUSIVB, IN BLOCK. 5, OF WINTON PARK., ACCORDING TOTHB PLATTHBRBOF RBCORDBD IN PLAT BOOK. 19, PAGB 45, AND THB NORTH lfl OF CLOSHD ALLBY ABUITINO SAID LOT 5 ON THB SOUTH AS RBCITBD IN ORDINANCB NO A RBCORDBD IN OPPICIAL RBCORDS BOOK. 4133, PAGB I Sll, OF THE PUBLIC RBCORDS OF HILLSBOROUGH COUNTY, FLORIDA. AND THB WBST lfl OF VACATBD ALLEYWAY ABUITINO LOT 5, BLOCKS, ON THB BAST, AND THB BAST 1/2 OF V ACATBD AU.BYWAY ABU'ITINO LOTS I THROUGH 4, BLOCKS. ON THB WBST, ON WINTON PARK., ACCORDING TO THB PLAT THBilBOP RBCORDBD IN PLAT BOOK 19, PAGB4S, AJ lbcitbd IN OR.DINANCB NO RBCORDBD IN OFFICIAL RBCORDS BOOK PAOB 1196, OPTHB PUBUC UCORDS OF HILLSBOROUGH COUNTY, FLOit.IDA, T'OOimiBR. WITH NORTH lfl OP THB ALL8Y AB\TITINO LOT I, BLOCK. S OF WINTON PARK. ON THB SOl1l1l WHICH WAS ALSO VACATBD BY aty OF TAMPA OllDINANCB NO RECORDED IN OmaAL RECORDS BOOK 22411, PAOB 1196 OFDIB PUBLIC lt.bcords OF HILLSBOROUGH COUNTY, FLORIDA. File 1: MZ 1._ Allis: 0.11 By: P-f tt-4 Date: EXHIBIT "A"

19 The Free Press (Published Weekly) Tampa, Hillsborough County, Florida STATE OF FLORIDA, COUNTY OF HILLSBOROUGH. Before the undersigned authority personally appeared JOHN N. HARRISON, IV, who on oath says that he is Publisher of THE FREE PRESS, a weekly newspaper published at Tampa, in Hillsborough County, Florida, that the attached copy of advertising being a true copy in the matter of Ordinances approved on 1st Reading May 3, 2018 at 9:30 a.m. File No. SU File No. SU File No. REZ18-22 File No. REZ18-23 File No. REZ18-26 File No. REZ18-29 File No. VAC was published in said newspaper in the issue of April 21, Affiant further says that the said THE FREE PRESS is a newspaper published at Tampa, in said Hillsborough County, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each week and has been entered as a second-class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. This 21st day of April, who is personally known to me SWORN TO and subscribed before me This 21st day of April, Mark Terry

20 NOTICE OF PUBLIC HEARING ON May 3, 9:30 A.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 315 E. KENNEDY BLVD., THIRD FLOOR, TAMPA, FLORIDA, A PUBLIC HEARING WILL BE HELD BY THE TAMPA CITY COUNCIL TO CONSIDER THE FOLLOWING ORDINANCES FOR ENACTMENT: File No. SU An ordinance approving a Special Use Permit (S-2); approving a daycare in an RS-50 (residential, single-family) and RO- 1 (residential office) zoning district in the general vicinity of 1114 West Sligh Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. SU An ordinance approving a Special Use Permit (S-2); approving a school in an RS-50 (residential, single-family) zoning district in the general vicinity of 1913 and 1921 East Giddens Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. REZ18-22 general vicinity of 3612 Temple Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RM-16 (residential, multiple-family) to CG (commercial general); providing an effective date. File No. REZ18-23 general vicinity of 301 North Rome Avenue, 1515, 1517, 1519, 1521 and 1523 West North B Street and 1524 West Fig Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) PD (planned development, residential, single-family attached and strip shopping center (all CG uses)) to PD (planned development, residential, single-family attached and strip shopping center (all CG uses)); providing an effective date. File No. REZ18-26 general vicinity of Henderson Boulevard, 1002 South Church Avenue and 3816 West Morrison Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CG (commercial general) to PD (planned development, office, business/professional and medical, adult education, bank with drive-in window, retail, residential, daycare and post office; providing an effective date. File No. REZ18-29 general vicinity of 3607 and 3708 North Armenia Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CI (commercial intensive) and PD (planned development, retail/office or commercial off-street parking) to PD (planned development, animal shelter and commercial off-street parking); providing an effective date. File No. VAC An ordinance vacating, closing, discontinuing and abandoning right-ofway/alleyway located south of Gordon Street, north of Davis Street, east of 24th Street, and west of Bermuda Boulevard, in Map of East Tampa, a Subdivision in the City of Tampa, Hillsborough County, Florida, the same being more fully described in Section 1 hereof, subject to certain easement reservation(s), covenants, conditions and restrictions more particularly set forth herein: providing an effective date. SAID ORDINANCES MAY BE INSPECTED AT THE OFFICE OF THE CITY CLERK, CITY HALL, 3RD FLOOR CITY HALL, 315 E. KENNEDY BLVD., TAMPA, FL, DURING REGULAR BUSINESS HOURS, 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO HIRE A COURT REPORTER TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND SECTION , FLORIDA STATUTES, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS MEETING SHOULD CONTACT THE CITY CLERK S OFFICE AT LEAST FORTY- EIGHT (48) HOURS PRIOR TO THE DATE OF THE MEETING. INTERESTED PARTIES MAY APPEAR AND BE HEARD AT SAID HEARING. SHIRLEY FOXX-KNOWLES, CMC CITY CLERK 4-21

21 I s ORDINANCE NO. 20 I 8- (J ~ AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2); APPROVING A DA YCARE IN AN RS-50 (RESIDENTIAL, SINGLE-FAMILY) AND R0-1 (RESIDENTIAL OFFICE) ZONING DISTRICT IN THE GENERAL VICINITY OF 1114 WEST SLIGH AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF; PROVIDING AN EFFECTIVE DATE. 11 WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b )(2) requests for certain specified uses and occupancies involving matters 13 deemed to be of city-wide or area-wide importance must be submitted to the City 14 Council for consideration and approval as a Special Use Permit (S-2); and, IS 16 WHEREAS, a public hearing as required by law was held in City Council 17 Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, 18 relating to approval of the special-use permit for the real estate described in Section 19 L of this ordinance under the terms and provisions of Chapter 27, City of Tampa 20 Code NOW, THEREFORE, 24 2S BE IT ORDAINED BY THE CITY COUNCIL 26 OF THE CITY OF TAMPA, FLORIDA: Section 1. That a Special Use Permit (S-2) for the real estate situate, 30 lying and being in the City of Tampa, and as more particularly described as fo llows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit 3S is hereby approved to allow a daycare in an RS-50 (residential, single-family) and 36 R0-1 (residential office) zoning district Section 2. That said Special Use Permit (S-2) and all construction and 39 use of the above-described property shall be controlled by the approved, certified 40 site development plan, a copy of which is attached hereto and by reference made a 41 part hereof as Exhibit "B" Section 3. That said Special Use Permit (S-2) is subject to a build-out 44 deadline of two years from the effective date hereof. Failure to meet this deadline 4S 46 shall result in cancellation of this Special Use Permit so SU _ VI -I-

22 Section 4. That approval of this Special Use Permit (S-2) shall not 2 release the Petitioner/Owner from meeting the requirements of the City of Tampa's 3 Concurrency Management System Ordinance at the time of actual permitting and 4 development of the above-described use site. 5 6 Section 5. That the approval of this Special Use Permit (S-2) shall not 7 release petitioner from meeting all other applicable sections of the City of Tampa 8 Code, as such sections relate to the actual permitting and development of the above- 9 described site Section 6. Based on the evidence contained in the record of the 12 proceedings, it is hereby found that the proposed special use herein approved will 13 promote the public health, safety and general welfare, complies with all required 14 regulations and standards of Chapter 27, is compatible with contiguous and 15 surrounding property or is a public necessity, is in conformity with the Tampa 16 Comprehensive Plan, and will not establish a precedent of, or encourage, more 17 intensive or incompatible uses in the surrounding area and complies with all 18 required regulations and standards of Chapter 27, City of Tampa Code Section 7. That, pursuant to Florida Statutes Section , the 21 issuance of this approval does not in any way create any right on the part of an 22 applicant to obtain a permit from a state or federal agency and does not create any 23 liability on the part of the City for issuance of the permit if the applicant fails to 24 obtain requisite approvals or fulfill the obligations imposed by a state or federal 25 agency or undertakes actions that result in a violation of state or federal law Section 8. That, pursuant to Florida Statutes Section , all other 28 applicable state or federal permits must be obtained before commencement of the 29 development Section 9. That all ordinances or parts of ordinances in conflict herewith 32 be, and the same are hereby repealed Section 10. That if any part of this ordinance shall be declared 35 unconstitutional or invalid by a court of competent jurisdiction, the remaining 36 provisions, at the City of Tampa's election, shall remain in full force and effect SU2-l7-17 _VI -2-

23 Section becoming a law ATTEST: l PREPARED BY AND APPROVED 28 AS TO LEGAL SUFFICIENCY: E/S 33 REBECCA M. KERT 34 SENIOR ASSISTANT CITY ATTORNEY That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON MAY Q 3 201i ~~~'W'-WCHAIRMAN PRO-TEM, CIL MAY APPROVED by me on BOBBUi~i~~ SU SU VI -3-

24 Application for Special Use-2 General Request City of Tampa Land Development Coordination 1400 North Boulevard Tampa, FL (813) Application Number: SU LEGAL DESCRIPTION (use separate sheet If needed) MUST BE TYPED & DO NOT ABBREVIATE: LOT 17 AND THE NORTH 115 FEET OF LOT 18, THE RIVIERA SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGE 4S, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. LESS THE WEST 5 FEET FOR ROAD. Filet: M Atlas: E 11 By: P..., ~ Date: EXHIBIT "A"

25 The Free Press (Published Weekly) Tampa, Hillsborough County, Florida STATE OF FLORIDA, COUNTY OF HILLSBOROUGH. Before the undersigned authority personally appeared JOHN N. HARRISON, IV, who on oath says that he is Publisher of THE FREE PRESS, a weekly newspaper published at Tampa, in Hillsborough County, Florida, that the attached copy of advertising being a true copy in the matter of Ordinances approved on 1st Reading May 3, 2018 at 9:30 a.m. File No. SU File No. SU File No. REZ18-22 File No. REZ18-23 File No. REZ18-26 File No. REZ18-29 File No. VAC was published in said newspaper in the issue of April 21, Affiant further says that the said THE FREE PRESS is a newspaper published at Tampa, in said Hillsborough County, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each week and has been entered as a second-class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. This 21st day of April, who is personally known to me SWORN TO and subscribed before me This 21st day of April, Mark Terry

26 NOTICE OF PUBLIC HEARING ON May 3, 9:30 A.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 315 E. KENNEDY BLVD., THIRD FLOOR, TAMPA, FLORIDA, A PUBLIC HEARING WILL BE HELD BY THE TAMPA CITY COUNCIL TO CONSIDER THE FOLLOWING ORDINANCES FOR ENACTMENT: File No. SU An ordinance approving a Special Use Permit (S-2); approving a daycare in an RS-50 (residential, single-family) and RO- 1 (residential office) zoning district in the general vicinity of 1114 West Sligh Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. SU An ordinance approving a Special Use Permit (S-2); approving a school in an RS-50 (residential, single-family) zoning district in the general vicinity of 1913 and 1921 East Giddens Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. REZ18-22 general vicinity of 3612 Temple Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RM-16 (residential, multiple-family) to CG (commercial general); providing an effective date. File No. REZ18-23 general vicinity of 301 North Rome Avenue, 1515, 1517, 1519, 1521 and 1523 West North B Street and 1524 West Fig Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) PD (planned development, residential, single-family attached and strip shopping center (all CG uses)) to PD (planned development, residential, single-family attached and strip shopping center (all CG uses)); providing an effective date. File No. REZ18-26 general vicinity of Henderson Boulevard, 1002 South Church Avenue and 3816 West Morrison Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CG (commercial general) to PD (planned development, office, business/professional and medical, adult education, bank with drive-in window, retail, residential, daycare and post office; providing an effective date. File No. REZ18-29 general vicinity of 3607 and 3708 North Armenia Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CI (commercial intensive) and PD (planned development, retail/office or commercial off-street parking) to PD (planned development, animal shelter and commercial off-street parking); providing an effective date. File No. VAC An ordinance vacating, closing, discontinuing and abandoning right-ofway/alleyway located south of Gordon Street, north of Davis Street, east of 24th Street, and west of Bermuda Boulevard, in Map of East Tampa, a Subdivision in the City of Tampa, Hillsborough County, Florida, the same being more fully described in Section 1 hereof, subject to certain easement reservation(s), covenants, conditions and restrictions more particularly set forth herein: providing an effective date. SAID ORDINANCES MAY BE INSPECTED AT THE OFFICE OF THE CITY CLERK, CITY HALL, 3RD FLOOR CITY HALL, 315 E. KENNEDY BLVD., TAMPA, FL, DURING REGULAR BUSINESS HOURS, 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO HIRE A COURT REPORTER TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND SECTION , FLORIDA STATUTES, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS MEETING SHOULD CONTACT THE CITY CLERK S OFFICE AT LEAST FORTY- EIGHT (48) HOURS PRIOR TO THE DATE OF THE MEETING. INTERESTED PARTIES MAY APPEAR AND BE HEARD AT SAID HEARING. SHIRLEY FOXX-KNOWLES, CMC CITY CLERK 4-21

27 ORDINANCE NO _(o=-q _ AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2); APPROVING A SCHOOL IN AN RS-50 (RESIDENTIAL, SINGLE-FAMILY) ZONING DISTRICT IN THE GENERAL VICINITY OF 1913 AND EAST GIDDENS AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF; PROVIDING AN EFFECTNE DATE. II WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b )(2) requests for certain specified uses and occupancies involving matters 13 deemed to be of city-wide or area-wide importance must be submitted to the City 14 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 17 Chambers, Third Floor, City Hall, 3 15 E. Kennedy Boulevard, Tampa, Florida, 18 relating to approval of the special-use permit for the real estate described in Section 19 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa 20 Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 26 OF THE CITY OF TAMPA, FLORIDA: Section 1. That a Special Use Permit (S-2) for the real estate situate, 30 lying and being in the City of Tampa, and as more particularly described as follows: 31 LEGAL DESCRIPTION: {Attached hereto and made a part hereof as Exhibit A), 35 is hereby approved to allow a school in an RS-50 (residential, single-family) zoning 36 district Section 2. That said Special Use Permit (S-2) and all construction and 39 use of the above-described property shall be controlled by the approved, certified 40 site development plan, a copy of which is attached hereto and by reference made a 41 part hereof as Exhibit "B" Section 3. That said Special Use Permit (S-2) is subject to a build-out 44 deadline of two years from the effective date hereof. Failure to meet this deadline 45 shall result in cancellation of this Special Use Permit SU2-18-0l V I -1-

28 Section 4. That approval of this Special Use Permit (S-2) shall not 2 release the Petitioner/Owner from meeting the requirements of the City of Tampa's 3 Concurrency Management System Ordinance at the time of actual permitting and 4 s development of the above-described use site. 6 Section 5. That the approval of this Special Use Permit (S-2) shall not 7 release petitioner from meeting all other applicable sections of the City of Tampa 8 Code, as such sections relate to the actual permitting and development of the above- 9 described site. 10 II Section 6. Based on the evidence contained in the record of the 12 proceedings, it is hereby found that the proposed special use herein approved will 13 promote the public health, safety and general welfare, complies with all required 14 regulations and standards of Chapter 27, is compatible with contiguous and IS surrounding property or is a public necessity, is in conformity with the Tampa 16 Comprehensive Plan, and will not establish a precedent of, or encourage, more 17 intensive or incompatible uses in the surrounding area and complies with all 18 required regulations and standards of Chapter 27, City of Tampa Code Section 7. That, pursuant to Florida Statutes Section , the 2 1 issuance of this approval does not in any way create any right on the part of an 22 applicant to obtain a permit from a state or federal agency and does not create any 23 liability on the part of the City for issuance of the permit if the applicant fails to 24 obtain requisite approvals or fulfill the obligations imposed by a state or federal 25 agency or undertakes actions that result in a violation of state or federal law Section 8. That, pursuant to Florida Statutes Section , all other 28 applicable state or federal permits must be obtained before commencement of the 29 development Section 9. That all ordinances or parts of ordinances in conflict herewith 32 be, and the same are hereby repealed Section 10. That if any part of this ordinance shall be declared 35 unconstitutional or invalid by a court of competent jurisdiction, the remaining 36 provisions, at the City of Tampa's election, shall remain in full force and effect SU2-l8-0l_VI -2-

29 I 2 Section 11. becoming a law. That this ordinance shall take effect immediately upon II IS PAS SED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON MAY u J 201a ATTEST: 27 PREPARED BY AND APPROVED 28 AS TO LEGAL SUFFICIENCY: E/S 33 REBECCA M. KERT 34 SENIOR ASSIST ANT CITY ATTORNEY t""h~~~chairman PRO-TEM, CIL MAY APPROVEDbymeon SU2-18-0l SU2-18-0I Vl -3-

30 Application for Special Use-2 General Request OtyofT mp~~ unci Development Coordln tlon 1400 North Boulev rd Tampa. FL (113) Application Number: SU LEGAL DESCRIPnON fuse separate sheet If needed) MUST BE TYPED 8r DO NOT ABBREVIATE: Lots 3,4,5,6,7,18,19,20,21 and 22, Block 7 of R~ISED PLAT OF SPERRY GROVE ESTATES, according to the map or plat thereof recordei:lln Plat Book 21, Page 62 nf the public records of Hillsborough County, Florida. File 1: auz-t._.t AUas: F t3 By; /1-t~ Date: EXHIBIT "A"

31 The Free Press (Published Weekly) Tampa, Hillsborough County, Florida STATE OF FLORIDA, COUNTY OF HILLSBOROUGH. Before the undersigned authority personally appeared JOHN N. HARRISON, IV, who on oath says that he is Publisher of THE FREE PRESS, a weekly newspaper published at Tampa, in Hillsborough County, Florida, that the attached copy of advertising being a true copy in the matter of Ordinances approved on 1st Reading May 3, 2018 at 9:30 a.m. File No. SU File No. SU File No. REZ18-22 File No. REZ18-23 File No. REZ18-26 File No. REZ18-29 File No. VAC was published in said newspaper in the issue of April 21, Affiant further says that the said THE FREE PRESS is a newspaper published at Tampa, in said Hillsborough County, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each week and has been entered as a second-class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. This 21st day of April, who is personally known to me SWORN TO and subscribed before me This 21st day of April, Mark Terry

32 NOTICE OF PUBLIC HEARING ON May 3, 9:30 A.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 315 E. KENNEDY BLVD., THIRD FLOOR, TAMPA, FLORIDA, A PUBLIC HEARING WILL BE HELD BY THE TAMPA CITY COUNCIL TO CONSIDER THE FOLLOWING ORDINANCES FOR ENACTMENT: File No. SU An ordinance approving a Special Use Permit (S-2); approving a daycare in an RS-50 (residential, single-family) and RO- 1 (residential office) zoning district in the general vicinity of 1114 West Sligh Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. SU An ordinance approving a Special Use Permit (S-2); approving a school in an RS-50 (residential, single-family) zoning district in the general vicinity of 1913 and 1921 East Giddens Avenue, in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. File No. REZ18-22 general vicinity of 3612 Temple Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RM-16 (residential, multiple-family) to CG (commercial general); providing an effective date. File No. REZ18-23 general vicinity of 301 North Rome Avenue, 1515, 1517, 1519, 1521 and 1523 West North B Street and 1524 West Fig Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) PD (planned development, residential, single-family attached and strip shopping center (all CG uses)) to PD (planned development, residential, single-family attached and strip shopping center (all CG uses)); providing an effective date. File No. REZ18-26 general vicinity of Henderson Boulevard, 1002 South Church Avenue and 3816 West Morrison Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CG (commercial general) to PD (planned development, office, business/professional and medical, adult education, bank with drive-in window, retail, residential, daycare and post office; providing an effective date. File No. REZ18-29 general vicinity of 3607 and 3708 North Armenia Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) CI (commercial intensive) and PD (planned development, retail/office or commercial off-street parking) to PD (planned development, animal shelter and commercial off-street parking); providing an effective date. File No. VAC An ordinance vacating, closing, discontinuing and abandoning right-ofway/alleyway located south of Gordon Street, north of Davis Street, east of 24th Street, and west of Bermuda Boulevard, in Map of East Tampa, a Subdivision in the City of Tampa, Hillsborough County, Florida, the same being more fully described in Section 1 hereof, subject to certain easement reservation(s), covenants, conditions and restrictions more particularly set forth herein: providing an effective date. SAID ORDINANCES MAY BE INSPECTED AT THE OFFICE OF THE CITY CLERK, CITY HALL, 3RD FLOOR CITY HALL, 315 E. KENNEDY BLVD., TAMPA, FL, DURING REGULAR BUSINESS HOURS, 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO HIRE A COURT REPORTER TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND SECTION , FLORIDA STATUTES, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS MEETING SHOULD CONTACT THE CITY CLERK S OFFICE AT LEAST FORTY- EIGHT (48) HOURS PRIOR TO THE DATE OF THE MEETING. INTERESTED PARTIES MAY APPEAR AND BE HEARD AT SAID HEARING. SHIRLEY FOXX-KNOWLES, CMC CITY CLERK 4-21

33 After Recording, Return to: City of Tampa Office of the City Clerk 315 East Kennedy Blvd Old City Hall, 3 rd Floor Tampa, Florida Ref: VAC18-18 INSTRUMENT#: , 0 BK PG /09/2018 at PM DEPUTY CLERK MT.. '... ERRELL Pat Frank, Clerk of the Clrcwt Court Hillsborough County ORDINANCE NO AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING RIGHT-OF-WAY/ALLEYWAY LOCATED SOUTH OF GORDON STREET, NORTH OF DAVIS STREET, EAST OF 24TH STREET, AND WEST OF BERMUDA BOULEVARD, IN MAP OF EAST TAMPA, A SUBDIVISION IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE FULLY DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN EASEMENT RESERVATION(S), COVENANTS, CONDITIONS AND RESTRICTIONS MORE PARTICULARLY SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number VAC18-18 has been submitted by Annalaurane Fraioli (hereinafter "Petitioner"), asking that a certain right-of-way more particularly described in Section 1 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, and that all requirements provided by law have been complied with. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That the right-of-way more particularly described in Exhibit "A", attached hereto and made a part hereof, be and the same is hereby vacated, closed, discontinued and abandoned, and that the right of the public in and to same is hereby renounced, released, and disclaimed, subject, however, to the following easement reservation: a. Permanent City of Tampa Wastewater Easement: A permanent, nonexclusive 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 and incorporated herein by this reference ("Permanent Wastewater Easement") for the use and benefit of the City of Tampa, and its successors and assigns for the installation, operation, repair, reconstruction and maintenance of and access to wastewater facilities and all appurtenances thereto. Said Permanent Wastewater Easement is reserved for wastewater facilities that are now existing or are hereafter installed or located on, beneath, or above the surface of the land subject to the easement, and shall include a full right of ingress and egress thereto and over, across, under and through the easement. In connection with any repair, maintenance or reconstruction activities conducted by the Certified as true and correct copy

34 City of Tampa on or in the land subject to this easement, the City of Tampa shall only be required to return any excavated areas to finish grade and restore any paving disturbed to the quality of pavement that meets the minimum standards of the City of Tampa for public rights-of-way. The City of Tampa shall have no responsibility to restore any private structures, buildings, improvements or landscaping disturbed or damaged as a result of such construction, repair, maintenance or reconstruction activities. No improvements or structures, permanent or temporary (other than pavement and curbing), shall be constructed and no landscaping (other than grass and low shrubbery) shall be installed on the land subject to this easement without the prior written consent of the Director of the City of Tampa Wastewater Department. b. Permanent TECO Easement: A permanent, non-exclusive easement in, on, under, over and across the portion of the right-of-way vacated hereby as described in Exhibit "B" attached hereto and incorporated herein by this reference for the use and benefit of Tampa Electric Company ("TECO"), and its successors or assigns for the installation, operation, repair, reconstruction and maintenance of and access to facilities for, but not limited to, the transmission of electricity ("Permanent TECO Easement"). Said Permanent TECO Easement is reserved for facilities either principally used for, or appurtenant to, furnishing telecommunication services or other TECO services which are now existing or hereafter 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. Unless otherwise agreed to by the Petitioner and TECO, any relocation of TECO facilities at the request of Petitioner shall be at the sole cost and expense of Petitioner. No improvements or buildings, permanent or temporary (other than pavement and curbing), shall be constructed and no landscaping (other than grass and low shrubbery) shall be installed on the land subject to this easement without the prior written consent of TECO. Section 2. Release of Easement(s): The easement(s) 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 Standard Requirements and Procedures maintained by the City of Tampa Planning and Development Department, 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 3. Title to Underlying Real Property: That if the City of Tampa holds fee title to any real property underlying the right-of-way described in Exhibit "A attached hereto, the. vacation of the right-of-way shall not affect the status of that title. Any transfer of the City's fee interest in the right-of-way vacated hereby must be negotiated through the City of Tampa's Real Estate Division in accordance with the City of Tampa's Land Disposition Policy as the same may be amended from time to time. Section 4. Compliance with City of Tampa Landscaping, Tree Removal and Site Clearing Ordinance: That all development of the right-of-way parcel vacated hereby is at all Certified as true and correct copy 2

35 1 times subject to compliance with City of Tampa Code of Ordinances, Chapters 13 and 27, 2 Landscaping, Tree Removal and Site Clearing, as may be amended from time to time. 3 4 Section 5. Brick Preservation; Removal; Displacement: That if any of the rights-of- 5 way vacated hereby consist of vitrified brick and/or granite curbing, then such vitrified brick 6 roads and granite curbing shall remain unaltered unless removal or replacement of the 7 vitrified brick roads and granite curbing are approved pursuant to procedure set forth in City 8 of Tampa Code Section If the removal of any vitrified brick and granite curbing are 9 allowed from any of the vacated right-of-way, then Petitioner shall provide, and cause to be 10 delivered, all vitrified bricks and granite curbing that are removed to the City of Tampa, 11 Transportation & Stormwater Services Department, for future use by the City of Tampa. Such 12 vitrified bricks and granite curbing shall be palletized prior to delivery by the Petilioner at the 13 Petitioner's sole cost and expense. The City of Tampa Transportation & Stormwater Services 14 Department Director or designee shall be the point of contact for all matters regarding this 15 condition Section 6. Compliance with Conditions: That the vacation of the right-of-way 18 described in Exhibit "A" attached hereto is expressly conditioned upon the compliance with 19 and fulfillment of all terms and conditions contained herein, which terms and conditions 20 shall be deemed covenants running with the land. In the event that Petitioners fail to comply 21 with these Ordinance conditions as provided herein, then this Ordinance shall be deemed 22 null and void and the Petitioners shall, at its sole cost and expense, restore the right-of-way 23 to the same condition that existed at the time of the vacation of said right-of-way Section 7. Severability: That if any part of this ordinance shall be declared 26 unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of 27 this ordinance shall remain in full force and effect Section 8. Recording: That the City Clerk shall record a copy of this Ordinance in the 30 Office of the Clerk of the Circuit Court of Hillsborough County, Florida Section 9. Effective Date: That this Ordinance shall take effect immediately upon 33 becoming a law Certified as true and correct copy 3

36 I ~ f~a f'fpsj~fr~ ORDAINED BY THE CITY COUNCIL OF TH E CITY OF TAMPA, FLORIDA, ON /CHAIRPERSON PROTEM ~~ MAY :; APP~f~;(~ 19 BOB BUCKHORN, MAYOR 20 Approved as to Form: E/S JULI E HARDY 23 ASSISTANT CITY ATIORNEY 24 ~~ K:\)ulie Hardy\ Right of Way - Mapping\VACATIONS\VAC Oavis Street Teco, cond\ordinance for VAC18-18.doc 27 Statt:: 01,-,ofloa County of Hillsborough. This is to certify that the mregol~ Is lo\ i -t 0 true and correct copy ofu(l on file in my office. a d ~andan~~~ ~ ay 0 cyc ~=~;;;;;w,~. 4

37 All that alleyway lying in Block 33, MAP OF EAST TAMPA, a subdivison of record as map or plat is recorded in Plat Book 1, Page 1 03, of the public records of Hillsborough County, Florida. Exhibit "A" City of Tampa ht of Way & Mapping Section LEGAL DESCRIPTION APPROVED File #: vac-18-ooooo1 8 Atlas: By: ~ -L. -L~ Date: 02127/201s Certified as true and correct copy

38 TECO EASEMENT The West feet of All that alleyway lying in Block 33, MAP OF EAST TAMPA, a subdivison of record as map or plat is recorded in Plat Book 1, Page 1 03, of the public records of Hillsborough County, Florida. Exhibit "B" City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED File #: vac-18-ooooo18 Atlas: 1-14 By: ~ L. L~ Date: o2t27t2o1a Certified as true and correct copy

39 INSTRU~ENT#: BOOK 25756/ PAGE After Recording, Return to: City oftampa Office of the City Clerk 315 East Kennedy Blvd Old City Hall, 3rd Floor Tampa, Florida Ref: VAC18-18 ORDINANCE NO AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING RIGHT-OF-WAY/ALLEYWAY LOCATED SOUTH OF GORDON STREET, NORTH OF DAVIS STREET, EAST OF 24TH STREET, AND WEST OF BERMUDA BOULEVARD, IN MAP OF EAST TAMPA, A SUBDIVISION IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE FULLY DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN EASEMENT RESERVATION(S), COVENANTS, CONDITIONS AND RESTRICTIONS MORE PARTICULARLY SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number VAC18-18 has been submitted by Annalaurane Fraioli (hereinafter "Petitioner"), asking that a certain right-of-way more particularly described in Section 1 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, and that all requirements provided by law have been complied with. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That the right-of-way more particularly described in Exhibit "A", attached hereto and made a part hereof, be and the same is hereby vacated, closed, discontinued and abandoned, and that the right of the public in and to same is hereby renounced, released, and disclaimed, subject, however, to the following easement reservation: a. Permanent City of Tampa Wastewater Easement: A permanent, nonexclusive 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 and incorporated herein by this reference ("Permanent Wastewater Easement") for the use and benefit of the City of Tampa, and its successors and assigns for the installation, operation, repair, reconstruction and maintenance of and access to wastewater facilities and all appurtenances thereto. Said Permanent Wastewater Easement is reserved for wastewater facilities that are now existing or are hereafter installed or located on, beneath, or above the surface of the land subject to the easement, and shall include a full right of ingress and egress thereto and over, across, under and through the easement. In connection with any repair, maintenance or reconstruction activities conducted by the

40 1 City of Tampa on or in the land subject to this easement, the City of Tampa 2 shall only be required to return any excavated areas to finish grade and 3 restore any paving disturbed to the quality of pavement that meets the 4 minimum standards of the City of Tampa for public rights-of-way. The City 5 of Tampa shall have no responsibility to restore any private structures, 6 buildings, improvements or landscaping disturbed or damaged as a result 7 of such construction, repair, maintenance or reconstruction activities. No 8 improvements or structures, permanent or temporary (other than 9 pavement and curbing), shall be constructed and no landscaping (other 10 than grass and low shrubbery) shall be installed on the land subject to this 11 easement without the prior written consent of the Director of the City of 12 Tampa Wastewater Department b. Permanent TECO Easement: A permanent, non-exclusive easement in, on, 15 under, over and across the portion of the right-of-way vacated hereby as 16 described in Exhibit "B" attached hereto and incorporated herein by this 17 reference for the use and benefit of Tampa Electric Company ("TECO"), 18 and its successors or assigns for the installation, operation, repair, 19 reconstruction and maintenance of and access to facilities for, but not 20 limited to, the transmission of electricity ("Permanent TECO Easement"). 21 Said Permanent TECO Easement is reserved for facilities either principally 22 used for, or appurtenant to, furnishing telecommunication services or 23 other TECO services which are now existing or hereafter installed or 24 located on, beneath or above the surface of the land subject to this 25 Permanent TECO Easement, and shall include full right of ingress and 26 egress thereto and over, across, under and through the Permanent TECO 27 Easement. Unless otherwise agreed to by the Petitioner and TECO, any 28 relocation of TECO facilities at the request of Petitioner shall be at the sole 29 cost and expense of Petitioner. No improvements or buildings, permanent 30 or temporary (other than pavement and curbing), shall be constructed and 31 no landscaping (other than grass and low shrubbery) shall be installed on 32 the land subject to this easement without the prior written consent of 33 TECO Section 2. Release of Easement(s): The easement(s) reserved herein may be 36 released by the City of Tampa, or by submitting a request for Release of Easement with the 37 City in that manner prescribed by the Standard Requirements and Procedures maintained by 38 the City of Tampa Planning and Development Department, or as may otherwise be provided 39 by law. The City shall review any properly submitted request for Release of Easement, but 40 shall only grant the release upon an affirmative conclusive determination by the City that the 41 easement is no longer required for the reserved purpose. A Release of Easement shall be 42 evidenced by recording in the Office of the Clerk of the Circuit Court of Hillsborough County, 43 Florida Section 3. Title to Underlying Real Property: That if the City of Tampa holds fee title 46 to any real property underlying the right-of-way described in Exhibit "A" attached hereto, the 47 vacation of the right-of-way shall not affect the status of that title. Any transfer of the City's 48 fee interest in the right-of-way vacated hereby must be negotiated through the City of 49 Tampa's Real Estate Division in accordance with the City of Tampa's Land Disposition Policy 50 as the same may be amended from time to time Section 4. Compliance with City of Tampa Landscaping, Tree Removal and Site 53 Clearing Ordinance: That all development of the right-of-way parcel vacated hereby is at all 2

41 1 times subject to compliance with City of Tampa Code of Ordinances, Chapters 13 and 27, 2 Landscaping, Tree Removal and Site Clearing, as may be amended from time to time. 3 4 Section 5. Brick Preservation; Removal; Displacement: That if any of the rights-of- 5 way vacated hereby consist of vitrified brick and/or granite curbing, then such vitrified brick 6 roads and granite curbing shall remain unaltered unless removal or replacement of the 7 vitrified brick roads and granite curbing are approved pursuant to procedure set forth in City 8 of Tampa Code Section If the removal of any vitrified brick and granite curbing are 9 allowed from any of the vacated right-of-way, then Petitioner shall provide, and cause to be 10 delivered, all vitrified bricks and granite curbing that are removed to the City of Tampa, 11 Transportation & Stormwater Services Department, for future use by the City of Tampa. Such 12 vitrified bricks and granite curbing shall be palletized prior to delivery by the Petitioner at the 13 Petitioner's sole cost and expense. The City of Tampa Transportation & Stormwater Services 14 Department Director or designee shall be the point of contact for all matters regarding this 15 condition Section 6. Compliance with Conditions: That the vacation of the right-of-way 18 described in Exhibit "'A" attached hereto is expressly conditioned upon the compliance with 19 and fulfillment of all terms and conditions contained herein, which terms and conditions 20 shall be deemed covenants running with the land. In the event that Petitioners fail to comply 21 with these Ord inance conditions as provided herein, then this Ordinance shall be deemed 22 null and void and the Petitioners shall, at its sole cost and expense, restore the right-of-way 23 to the same condition that existed at the time of the vacation of said right-of-way Section 7. Severability: That if any part of this ordinance shall be declared 26 unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of 27 this ordinance shall remain in full force and effect Section 8. Recording: That the City Clerk shall record a copy of this Ordinance in the 30 Office of the Clerk of the Circuit Court of Hillsborough County, Florida Section 9. Effective Date: That this Ordinance shall take effect immediately upon 33 becoming a law

42 I ~9 J1A f'fpsj~fi~ ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA. FLORIDA, ON Approved as to Form: E/S JULIE HARDY ASSISTANT CITY ATTORNEY BOB BUCKHORN, MAYOR /CHAIRPERSON PROTEM K:\)ulie Hardy\ Right of Way - Mapping\VACATIONS\VAC Davis Street Teco. cond\ordmance for VAC18-18.doc 4

43 All that alleyway lying in Block 33, MAP OF EAST TAMPA, a subdivison of record as map or plat is recorded in Plat Book 1, Page 1 03, of the public records of Hillsborough County, Florida. Exhibit "A" City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED File #: vac-18-ooooo18 Atlas: 1-14 By: ~.L..L-' Date: o212712o1a

44 TECO EASEMENT The West feet of All that alleyway lying in Block 33, MAP OF EAST TAMPA, a subdivison of record as map or plat is recorded in Plat Book 1, Page 1 03, of the public records of Hillsborough County, Florida. Exhibit "B" City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED File #: vac-18-ooooo18 Atlas: 1-14 By: &Ja... -L. -L,.w. Date: o2t27t2o1a