ORDINANCE NO /7'9

Transcription

1 1 ORDINANCE NO /' AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER (OFFENSES} AMENDING SECTION , HOURS OF SALE FOR CONSUMPTION ON AND OFF PREMISES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN 10 EFFECTIVE DATE. n 12 WHEREAS, the City of Tampa has determined that it is important to expand 13 the hours of operation for restaurants within the City of Tampa; and, 15 WHEREAS, the City Council of the City of Tampa has determined that the 16 following amendment promotes and protects the general health, safety, and welfare of 1 the residents of the City of Tampa; and, },8 19 WHEREAS, a duly noticed public hearing as required by law was held by the 20 City Council of the City of Tampa, at which public hearings all residents and 21 interested persons were given an opportunity to be heard NOW, THEREFORE, 24, 25 BE IT ORDAINED BY THE CITY COUNCIL 26 OF THE CITY OF TAMPA, FLORIDA: 2 28 Section 1. That "Sec Hours of sale for consumption on and 29 off premises." is hereby amended by adding the unde1ilined language am.d deleting the 30 stricken language as follows: Sec Hours of sale for consumption on and off premises (a) All places within the city licensed by the state to sell alcoholic beverages may be 35 open for business and may seu and serve alcoholic beverages an accordance with 36 -the alcoholic beverage classification granted to them~ ithe city only du.ring the 3 following hours (unless otherwise more limited by special conditions imposed by 38 the city when granting the authority to sell alcoholic beverages, in which event the 39 permissible hours to open for business and sell and serve for the sale and service of 40 alcoholic beverages allov,red shall be as set forth in the special conditions):

2 1 Type of Establishment Hotel or motel as defined in section 2-43 Retail stores selling convenience goods as defined in section 2-43 Retail stores selling shoppers' goods as defined in section 2-43 Restaurants as defined in (d) below All other types of establishments Hours allowed to be open for business 24 hours a day, days a week Hours during which alcoholic beverages may be sold and served Commencing at :00 a.m. on each day, Monday Commencing at :00 a.m. through Saturday and on each day, Monday ending at 3 :00 a.m. the through Sunday and following day, and ending at 3 :00 a.m. the following day Commencing at 11 :00 a.m. on Sunday and Commencing at :00 a.m. ending at 3: 00 a.m. the on each day, Monday following day through Saturday and ending at 3:00 a.m. the following day, and Commencing at 11 :00 a.m. on Sunday and ending at 3 : OO a.m. the fullowing day Ea1 Hotels, motels, a:ha retail stofes sellii1g eof:p.'ehiea:ee gooas aa:a h, shall ee ffit eptee: ffom tae fjfo1, fsioos of. s_ oppe:s gooas e*:tent that nothing -4. a. sheseeaea ~aj and ~e1 of tlus seetlee te tae a:ha fetail stofes se:1::g a1ne 'm _seeseetion Eaj ana Ee1 sha-u pfe1, efl:t hotels, metels,.. eoh~ emea:ee gooas a:ha shoppefs' gooas from Femainin open fef eusmess aufmg those hoh:fs that the sale ai a,, f l. g afe prnhieitea fqy i -fl Sef..-1ee O a eohohe ee 1 t'efages gooas a:ha sh p,aea that hetels, motels, a:ha fetail stofes sellihg eon1, ehienee oppefs geeas shall not sell Of sefve aleoholie ee"erng:es. ~:::~ lhaft tese ;-' 'fe_ffh in sal,seetier \a) el' this seetien...:..i ~";':::.~, mote s, an retarl stores selling eohvenienee goods and she ' :~:: 1, ~e~ eendliet '"'Y aetivity ether thaa that WftieR ; 5 a.etherized by th::::~:::~: s1 e use. 2

3 I Section 6. That this ordinance shaii take effect immediately upon becoming a 2 law. 3 4 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5 TAMPA, FLORIDA, ON DEC ATTEST: APPROVEDBYMEON OEC APPROVED AS TO LEGAL 25 SUFFICIENCY BY: /es/ 29 KRISTIN M.T. MORA 30 ASSIST ANT CITY ATTORNEY 31 BOBBUCKHORN, MAYOR 4

4 I ORDINANCEN <:?.. AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3935 WEST CYPRESS STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICA TION(S) CI (COMMERCIAL INTENSIVE) TO PD (PLANNED DEVELOPMENT, AIR CONDITIONED STORAGE); PROVIDING AN EFFECTIVE DATE. 11 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 l of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code NOW, THEREFORE, 1 18 BE IT ORDAINED BY THE CITY COUNCIL 19 OF THE CITY OF TAMPA, FLORIDA: Section 1. 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 follows: LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit 26 2 A), 28 which is presently zoned CI (commercial intensive) under City of Tampa Code 29 Chapter 2, be changed to ZONING DISTRICT CLASSIFICATION PD (planned 30 development, air conditioned storage), as provided for in Chapter 2, City of Tampa 31 Code, and that the zoning map be amended to reflect said change on the above- 32 described legal description and all information shown thereof shall be as much a part 33 of this ordinance as if such information set forth on said zoning map of the City of 34 Tampa was all fully described and set out herein Section 2. That said Zoning District Classification is hereby amended 3 and to be controlled by the approved, certified site development plan, a copy of 38 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 41 Petitioner/Owner from meeting the requirements of the City of Tampa's 42 Concurrency Management System Ordinance at the time of actual permitting and 43 development of the rezoned site, if applicable Section 4. That the approval of said rezoning shall not release the 46 Petitioner/Owner from meeting all other applicable sections of the City of Tampa 4 Code, as such sections relate to the actual permitting and development of the 48 rezoned site Section 5. That, pursuant to Florida Statutes Section , the issuance of this approval does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to REZl6-63 VI -1-

5 obtain requisite approvals or fulfill the obligations imposed by a state or federal 2 agency or undertakes actions that result in a violation of state or federal law. 3 4 Section 6. That, pursuant to Florida Statutes Section , all other 5 applicable state or federal permits must be obtained before commencement of the 6 development. 8 Section. That all ordinances in conflict herewith are repealed to the 9 extent of any conflict Section 8. That if any part of this ordinance shall be declared 12 unconstitutional or invalid by a court of competent jurisdiction, the remaining 13 provisions shall remain in full force and effect. That this ordinance shall take effect immediately upon Section 9. becoming a law. 21 ATTEST: PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON DEC l PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSISTANT CITY ATTORNEY APPROVED by me on O_E_C_1_9 _2_01_6 BOBBUCKHORN, MAYOR REZ16-63 REZ16-63 VI -2-

6 Application for Rezoning City of Tampa Land Development Coordination 00 North Boulevard Tampa, FL (813) (phone) j Application Number: LEGAL DESCRIPTION (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVIATE; l GAL DESCRIPTION: BEGIN AT A POINT ON llie SOUlli R.O.W. LINE OF JNTERSTA1E 5, FEET NORlli OF llie SOUlliEAST CORNER OF LOT"15, IN ll.oci< 11, BELVEDERE PARK SUBDIVISION, AS PER MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 22. PAGES 44 AND 448, PUBLIC RECORDS OF HIU.SSOROUGH COUNTY, FLORIDA: RUN llience SOUlli ALONG llie EAST BOUNDARY OF llie WEST 1/2 OF LOT 29 AND llie EAST BOUNDARY OF LOT 15 TO llie SOUlHEAST CORNER OF SAE LOT 15; llience WEST 15 FEET TO llie SOUlH\IEST CORNER OF LOT 9; llience NORlli ALONG llie WEST BOUNDARY OF LOT 9, A DISTANCE OF 20 FEET; llience Y ST 5 FEET TO A PQNT ON lhe WEST BOUNDARY OF LOT 6, 20 FEET NORlli OF llie SOUnMEST CORNER OF llie SAID LOT 6; llience NORlli 3.3 FEET ALONG llie WEST BOUNDARY OF LOT 6; llience NORlHEASlERLY ALONG llie SOUlH R.O.W. LINE OF INTERSTAlE 5, TO lhe POINT OF BEGINNING, ihis BBNG ALL OF LOTS 11, , At«> 15 ANO lhat PART OF LOTS 6,, B. 9, 10, 30, 31 AND llie WEST 1/2 OF LOT 29, LYING SOUTH AND EAST OF INTERSTAlE 5, l SS THE SOUlH 20 FEET OF LOTS 6,, AND 8, All IN Bloa< 11 OF BELVEDERE PARK SUBDIVISION. LESS AND EXCEPT PROPERTY DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 6183, PAGE 1515, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. e City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED File#: Rez Atlas: H-9 By:,-e..4 Date: EXHIBIT "A"

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

8 _s ORDINANCE NO Zr/I AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE (CONSUMPTION ON PREMISES AND RETAIL PACKAGE SALES FOR OFF-PREMISES CONSUMPTION) AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT - BEER, WINE AND LIQUOR- ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 5901 N. FLORIDA AVENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2; THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section 2-12(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 2 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFT AMP A, 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 alcoholic beverage sales - small venue - (beer, wine and liquor) for consumption on premises and retail package sales offpremises consumption. Section 3. That the sale of beverages containing alcohol regardless of alcoholic content - beer, wine and liquor - in association with a small venue - ( consumption on premises and retail package sales for off-premises consumption), AB BWL Version

9 shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 5901 N. Florida 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 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. 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 2, 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 2, City of Tampa Code. Section 9. That, pursuant to Florida Statutes Section , the issuance of this approval does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 10. That, pursuant to Florida Statutes Section , all other applicable state or federal permits must be obtained before commencement of the development. Section 11. 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. AB BWL Version

10 1 Section 12. That all alcoholic beverage sale approvals, including 2 ordinances or parts of ordinances approving alcoholic beverage sale, that are 3 inconsistent with this approval are hereby repealed and void. 4 5 Section 13. That this Ordinance shall take effect immediately upon 6 becoming a law. 8 9 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON DEC ATTEST: 31 PREPARED BY AND APPROVED 32 AS TO LEGAL SUFFICIENCY: E/S 36 KRISTIN MORA 3 ASSISTANT CITY ATTORNEY APPROVEDBYMEON DEC AB _(BWL_consumption on premises and retail sales of premises_ Vasquez Dominguez LLC_5901. Florida Ave. AB BWL Version

11 !.. t -.. Application for Special Use-2 Alcoholic: Beverages Appllcatlon Number: ABz-/f-Z? City oftampa Land DenlopmentCoordlnatfon 00 North Uoulevard Tampa, FL :$3~0 (813) "Cut-Out" Legal LEGAL DESCRIPTIQN (use s.,arate sheet if needed} MUST BE TYPID &DO ffotabbreyiate; PESCRIPTION: A portion of Lots, 10 and 11, BJ~ 9, of NORTH SEMINOLE HEIGHTS, according to the plat thereof as recorded in Plat Book 4, hge 91, of the Publk Records of tllliborough County, Florida, being mont particularly described as follows: "11ffl81't<8 at the Northwest corner of said I.cit,"'" thl!iiqi ang the North boundary of d Lot, the ~ two (2) counes: 1) EAST, 030 feet to the POINT OF BeGINNINGr 2) continue. EAST, feet; thence S.G0 13'06"W, feet;.tflenat N '$4"W,.t.101'et; ~ $.00'"13'06"W..20 fat; then(e tt "W., 12JIO faet thm S.004'13-onY., feet to a point on the South.boundary of the afonslkl Lot 11; thence along said South boundary of Lot 11, N.89"5'0f'W, feet; thence.... N.oo-13'06"E ~ to the POINT OF ISEGINMNG. Containing 454 square feet, more or less. Indoor AB Sales Area= 306 square~ more or less. Ouldoor.A8 Salas Area= 438 square,. mare or fess. Overall AB Sales Area:: 454 square feet. more or less. Surveyor's Name: State Certificate #: State of Florida 6506 Date&Seal: /30/16 LDC/Right-of-Way Sfetion Legal Description Is correct & complete: '-( if} Atlas Page: e. -J 2 Approved by (ROW Staff): M :r.ew1ti.l. Date of approval: _...,.. 'l+l...,., Jt,L,;.

12

13 l ORDINANCE NO L~.Z AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - LARGE VENUE (CONSUMPTION ON PREMISES ONLY) AND MAKING LAWFUL THE SALE OF BEER AND WINE AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 4801; 4803 AND 4815 N. NEBRASKA A VENUE, TAMP A, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2; THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED; PROVIDING AN EFFECTIVE DATE. 15 WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters 1 deemed to be of city-wide or area-wide importance must be submitted to the City 18 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 2, City of Tampa Code. NOW, THEREFORE, 29 BE IT ORDAINED BY THE CITY COUNCIL 30 OF THE CITY OF TAMP A, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as 33 if fully set forth herein Section 2. That a Special Use Permit (S-2) for the real estate situate, 36 lying and being in the City of Tampa, and as more particularly described as follows: 3 ( Attached hereto and made a part LEGAL DESCRIPTION: hereof as Exhibit "A"), 41 is hereby approved to allow alcoholic beverage sales - large venue 42 (consumption on premises only) Section 3. That the sale of beverages containing alcohol of more than 45 one-half (1/2) of one percent (1 %) by weight and not more than fourteen percent 46 (%) by weight and wines regardless of alcoholic content - beer and wine - in 4 association with a large venue ( consumption on premises only), shall be permitted 48 and is hereby made lawful at or from that certain lot, plot or tract of land located 49 at 4801; 4803 and 4815 N. Nebraska Avenue, Tampa, Florida, and as more 50 particularly described in Exhibit "A", attached hereto and incorporated herein by reference, as if fully set forth herein. AB BW Verson

14 Section 4. That said Special Use Permit (S-2) and all construction and use 2 of the above-described property shall be controlled by the approved, certified site 3 development plan, including any waivers provided therein, a copy of which is 4 attached hereto and by reference made a part hereof as Exhibit "B". 5 6 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 8 shall result in cancellation of this Special Use Permit Section 6. That approval of this Special Use Permit (S-2) shall not release 11 the Petitioner/Owner from meeting the requirements of the City of Tampa's 12 Concurrency Management System Ordinance at the time of actual permitting and 13 development of the above-described use site. 15 Section. That the approval of this Special Use Permit (S-2) shall not 16 release petitioner from meeting all other applicable sections of the City of Tampa 1 Code, as such sections relate to the actual permitting and development of the above- 18 described site Section 8. Based on the evidence contained in the record of the 21 proceedings, it is hereby found that the proposed special use herein approved will 22 ensure the public health, safety and general welfare, complies with all required 23 regulations and standards of Chapter 2, is compatible with contiguous and 24 surrounding property or is a public necessity, is in conformity with the Tampa 25 Comprehensive Plan, and will not establish a precedent of, or encourage, more 26 intensive or incompatible uses in the surrounding area and complies with all 2 required regulations and standards of Chapter 2, City of Tampa Code Section 9. That, pursuant to Florida Statutes Section , the 30 issuance of this approval does not in any way create any right on the part of an 31 applicant to obtain a permit from a state or federal agency and does not create any 32 liability on the part of the City for issuance of the permit if the applicant fails to 33 obtain requisite approvals or fulfill the obligations imposed by a state or federal 34 agency or undertakes actions that result in a violation of state or federal law Section 10. That, pursuant to Florida Statutes Section , all other 3 applicable state or federal permits must be obtained before commencement of the 38 development Section 11. That if any part of this ordinance shall be declared 41 unconstitutional or invalid by a court of competent jurisdiction, the remaining 42 provisions, at the City of Tampa's election, shall remain in full force and effect Section 12. That all alcoholic beverage sale approvals, including 45 ordinances or parts of ordinances approving alcoholic beverage sales, that are 46 inconsistent with this approval are hereby repealed and void AB BW Verson

15 Section becoming a law IO That this Ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON DE C ] ATTEST: APPROVED BY ME ON _ D_EC_ l g 2 0lG 28 PREPARED BY AND APPROVED 29 AS TO LEGAL SUFFICIENCY: E/S 33 KRISTIN MORA 34 ASSISTANT CITY ATTORNEY AB (BW_on premises)-zizo & Yeya LLC- 4801, 4803 and 4815 N. Nebraska Ave AB BW Verson

16 Application for Special Use-2 Alcoholic Beverages City of Tampa Land Development Coordlriatlon 00 North Boulevard Tampa, FL 3360 (813) Applk:atlon Number: 11 Cut-Out 11 Legal LEGAL DESCRIPTION AB SALES AREA: LEGAL DESCRIPTION luse separate sheet if needed) MUSt BE TYPED & DO NOT ABBREVIATE: COMMENCE AT THE NORTHWEST CORNER OF THE FOLLOWING DESCRIBED TRACT: PARCEL 2: THE EAST 115 FEET OF THE WEST 130 FEET OF THE NORTH 60 FEET OF BLOCK 26, DEMOREST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 22 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. THENCE. BEARING SOUTH 05"41'48" EAST. A DISTANCE OF 10.0 FEET TO THE POINT OF BEGINNING. THENCE. BEARING SOUTH 90"00'00" EAST. A DISTANCE OF FEET TO A POINT; THENCE. BEARING SOUTH oo oo oo" WEST, A DISTANCE OF 6.64 FEET TO A POINT; THENCE, BEARING SOUTH 90"00'00" EAST, A DISTANCE OF FEET TOA POINT; THENCE, BEARING SOUTH 00"34'05" WEST, A DISTANCE OF.41 FEET TO A POINT; THENCE, BEARING NORTH 89"59'10" EAST, A DISTANCE OF 16. FEET TO A POINT; THENCE. BEARING SOUTH oo oo oo" WEST, A DISTANCE OF FEET TO A POINT; THENCE, BEARING SOUTH 90"00'00" EAST. A DISTANCE OF 15.5 FEET TO A POINT; THENCE. BEARING SOUTH 00 00'00" WEST. A DISTANCE OF 11.3 FEET TO A POINT; THENCE, BEARING NORTH 90"00'00" WEST, A DISTANCE OF.35 FEET TO A POINT; THENCE, BEARING SOUTH 00"00'00" WEST, A DISTANCE OF FEET TO A POINT; THENCE, BEARING NORTH 90"00'00'' WEST. A DISTANCE OF FEET TO A POINT; THENCE. BEARING NORTH oo oo oo" EAST. A DISTANCE OF FEET TO THE POINT OF BEGINNING THIS PARCEL: PERIMETER: AREA: SQ.FT ACRES. MORE OR LESS. L I J ::=" PA- State Certificate #: State of Florida L 'j 'i J tf z.. Oate&Seal: LDC/Right-of-Way Section Atlas Page: Legal Description Is correct & complete: -L-f--t-'-:e,...) f /3._,._. ---,:~<~~.. :~- _:- Approved by (ROW Staff): lli'l~ Ll.""e _ Date of approval:.l D / 2 t.j /tt:, J I ~---:--~-- :,.,..

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

18 _s ORDINANCE NO L.c/...3 AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE (CONSUMPTION ON PREMISES AND RETAIL PACKAGE SALES FOR OFF-PREMISES CONSUMPTION) AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT - BEER, WINE AND LIQUOR- ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 6428 AND 6430 N. FLORIDA A VENUE A VENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2; THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section 2-12(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 2 of this ordinance under the terms and provisions of Chapter 2, 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 alcoholic beverage sales - small venue - (beer, wine and liquor) for consumption on premises and retail package sales for off-premises consumption. Section 3. That the sale of beverages containing alcohol regardless of alcoholic content - beer, wine and liquor - in association with a small venue - ( consumption on premises and retail package sales for off-premises consumption), AB I BWL Version I

19 l shall be permitted and is hereby made lawful at or from that certain lot, plot or 2 tract of land located at 6428 and 6430 N Florida Avenue, Tampa, Florida, and as 3 more particularly described in Exhibit "A", attached hereto and incorporated 4 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 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. 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 2, 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 2, City of Tampa Code. Section 9. That, pursuant to Florida Statutes Section , the issuance of this approval does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 10. That, pursuant to Florida Statutes Section , all other applicable state or federal permits must be obtained before commencement of the development. Section 11. 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. AB I BWL Version

20 Section 12. That all alcoholic beverage sale approvals, including 2 ordinances or parts of ordinances approving alcoholic beverage sale, that are 3 inconsistent with this approval are hereby repealed and void. 4 5 Section 13. That this Ordinance shall take effect immediately upon 6 becoming a law. 8 9 PASSED AND ORDAINED BY TrE CITY COUNCIL OF THE CITY 10 OF TAMPA, FLORIDA, ON DEC ATTEST: ~~~ APPROVED BY ME ON _D_E_C _l g 2 0l G 31 PREPARED BY AND APPROVED 32 AS TO LEGAL SUFFICIENCY: E/S 36 KRISTIN MORA 3 ASSIST ANT CITY ATTORNEY AB _(BWL_consumption on premises and retail sales ofpremises_6430 Florida Ave LLC_6428 N. lorida Ave. AB l BWL Version l

21 ~ - ~ : ApplicationJ.or~S_p_eci.aLUse-2 Alcoholic Beverages City oftampa Land Development Coordination 00 North Boulevard Tampa, FL 3360 (813) Application Number: "Cut-Out" Legal LEGAL DESCRIPTION (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVIATE: COMMENCE AT THE SOUTHEAST CORNER OF LOT 609, NORTH PARK ANNEX, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 46, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE RUN ALONG THE SOUTH BOUNDARY OF SAID LOT 609, N.89 22'Ssnw., A DISTANCE OF FEET; THENCE NORTH, A DISTANCE OF 1.20 FEET TO THE POINT OF BEGINNING; THENCE WEST, A DISTANCE OF 56.0 FEET; THENCE NORTH, A DISTANCE OF 20,00 FEET; THENCE EAST, A DISTANCE OF 4.0 FEET; THENCE NORTH, A DISTANCE OF FEET; THENCE EAST, A DISTANCE OF FEET; THENCE SOUTH, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING: 2, 138 SQUARE FEET TOTAL AB SALES AREA 1,90 SF INSIDE AB SALES AREA 348 SF OUTSIDE AB SALES AREA J ona th a Oigitolly $lgntd by Jonathan S.,,,\uur,,,,,,,.-,,._NS ",,,,'\_'('r.: ' :.<>'J.1 '',.::/-'f1"' :;;-.,,. Nu.;;~ _,z..;,,, n $. ~t':z~i g S?~: \J" 6B45 -P~ \ ~} Branson 11.04,23-<>4'00 = f \ = \\\. STAT!OF _:~I} tt :.,;~;--~~~~--~~,,,,-:,,,, Survayot ~,,, ''11,1111\\\ ~-f j J Surveyor's JONATHA.N S. BRANSON Name: State Certificate#: 684 _ State of Florida :, Date & Seal: 08/26/2016 LDC/Right-of~Way S~tlon Legal Descriptton is c~rrect & complete: J.f-6.._. Atlas P-age: Approved by (ROW Staff):.,_,vt...u...L1:.a., - :e,...,,w...,u..li,... e~ r::~-:{t~~r;r:t_r 1~::: "'1 er i - )-)...,,,.. f..-/ '2.. Date of approval: 9 {i?...//l, -" L..,-1-'--'~,J-L.'f''

22

23 s ORDINANCE NO ~ AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE (CONSUMPTION ON PREMISES ONLY) AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT - BEER, WINE AND LIQUOR- ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 510 S. HOWARD A VENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2; THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section 2-12(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 2 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMP A, 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 alcoholic beverage sales - small venue - (beer, wine and liquor) for consumption on premises only. Section 3. That the sale of beverages containing alcohol regardless of alcoholic content - beer, wine and liquor - in association with a small venue - ( consumption on premises only), shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 510 S. Howard Avenue, AB BWL Version I

24 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 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. 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 2, 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 2, City of Tampa Code. Section 9. That, pursuant to Florida Statutes Section , the issuance of this approval does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 10. That, pursuant to Florida Statutes Section , all other applicable state or federal permits must be obtained before commencement of the development. Section 11. 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 12. That all alcoholic beverage sale approvals, including ordinances or parts of ordinances approving alcoholic beverage sale, that are inconsistent with this approval are hereby repealed and void. AB BWL Version

25 Section 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 OE( ATTEST: DEC APPROVED BY ME ON ~s -k_c~k-. BOBBUCKHORN,MAYOR 2 PREPARED BY AND APPROVED 28 AS TO LEGAL SUFFICIENCY: E/S 32 KRISTIN MORA 33 ASSISTANT CITY ATTORNEY AB _(BWL_on premises only)_anthony Woodward_510 S. Howard Ave AB BWL Version I

26 ----: """"' --A-ppliEa-tion-for-SpeEial-Use-2 Alcoholic Beverages City of Tampa Land Development Coordination 00 North Boulevard Tampa, FL 3360 (813) ~ - Application Number: AB9---- \b,.. 33 "Cut-Out" Legal LEGAL DESCRIPTION (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVIATE: DESCRIPTION: A portion of Lot 9, Block 11, COURIER CITY, according to the plat thereof as recorded in Plat Book 2, Page 13, of the Public Records of Hillsborough County, Florida, and being more particularly described as follows: Commence at the Northwest corner of said Lot 9, run thence along the North boundary of said Lot 9, N.88 13'04"E., 3.09 feet; thence S.01 46'56"E., 0.9 feet to the POINT OF BEGINNING; thence N.88 13'04"E., 5.36 feet; thence S.01 46'56"E., 3. feet; thence S.88 13'04"W., 5.36 feet; thence N.01 46'56"W. 3. feet to the POINT OF BEGINNING. Containing 216 square feet, more or less. Indoor AB Sales Area = 1865 square feet, more or Jess. Outdoor AB Sales Area = 302 square feet, more or less. Overall AB Sales Area= 216 square feet, more or less. Surveyor's Name: State Certificate#: State of Florida 6506 Date &Seal: 8/26/16 - LDC/Right-of-Way Section Legal Description is correct & complete: --"-<~f.-"e"-''j' Approved by (ROW Staff): -11M_.,,_...,.t'-"'lJJJ'--"'--l=-[ll,e_.,._ Atlas Page: ->---\~\ Date of approval:... f ""'O+-/... IO""'(... l...,,v

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

28 I ORDINANCE NO.2016-~ AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF EAST FRONT AGE ROAD, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION I, FROM ZONING DISTRICT CLASSIFICA TION(S) M-AP2 (AIRPORT COMPATIBILITY) TO PD (PLANNED DEVELOPMENT, BUSINESS/PROFESSIONAL OFFICE, HOTEL AND RETAIL); PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, a public hearing as required by law was held in City Council 13 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 15 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 20 OF THE CITY OFT AMP A, FLORIDA: Section 1. That the Zoning District Classification upon the following 23 described real property, situate, lying and being in the City of Tampa, County of 24 Hillsborough and State of Florida, more particularly described as follows: 25 (Attached hereto and made a part hereof as Exhibit LEGAL DESCRIPTION: A), 29 which is presently zoned M-AP2 (airport compatibility) under City of Tampa Code 30 Chapter 2, be changed to ZONING DISTRICT CLASSIFICATION PD (planned 31 development, business/professional office, hotel and retail), as provided for in 32 Chapter 2, City of Tampa Code, and that the zoning map be amended to reflect said 33 change on the above-described legal description and all information shown thereof 34 shall be as much a part of this ordinance as if such information set forth on said 35 zoning map of the City of Tampa was all fully described and set out herein Section 2. That said Zoning District Classification is hereby amended 38 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. 41 Section 3. That approval of this rezoning shall not release the 42 Petitioner/Owner from meeting the requirements of the City of Tampa's 43 Concurrency Management System Ordinance at the time of actual permitting and 44 development of the rezoned site, if applicable Section 4. That the approval of said rezoning shall not release the 4 Petitioner/Owner from meeting all other applicable sections of the City of Tampa 48 Code, as such sections relate to the actual permitting and development of the 49 rezoned site. 50 Section 5. That, pursuant to Florida Statutes Section , the issuance of this approval does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to REZl6-4 VI - 1-

29 I obtain requisite approvals or fulfill the obligations imposed by a state or federal 2 agency or undertakes actions that result in a violation of state or federal law. 3 4 Section 6. That, pursuant to Florida Statutes Section , all other 5 applicable state or federal permits must be obtained before commencement of the 6 development. 8 Section. That all ordinances in conflict herewith are repealed to the 9 extent of any conflict Section 8. That if any part of this ordinance shall be declared 12 unconstitutional or invalid by a court of competent jurisdiction, the remaining 13 provisions shall remain in full force and effect Section 9. becoming a law. That this ordinance shall take effect immediately upon 18 PASSED AND ORDAINEDl BY THE CITY COUNCIL OF THE CITY OF 19 TAMPA, FLORIDA ON DEC 5.Z01b ATTEST: APPROVED by me on O_E_C_1_ 9_2_01_ PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: EIS REBECCA M. KERT SENIOR ASSISTANT CITY ATTORNEY REZ16-4 REZl6-4 VI -2-

30 Application for Rezoning at, of Tampa und DevelopmentCoordlnillion 00 North 8olHnrd T m,-. FL De02 (113) (phone) Application Number. j<. f 2 ) ~ - Y See attached LEGAL DESCRIPTION'"" separate sheet_ If onclad) MUST BE TYPED & DO NOT ABBREVIATE;... EXHIBIT "A" 01 q_ I o~ J..

31 LEGAL DESCRIPTION AS SURVEYED: ALL OF LOTS 1 AND 2, BLOCK 32, LESS THE NORTH 10;6' THEREOF, ADDITION TO TAMPANIA, THE WEST 1/2 OF VACATED SUNSET STREET ABUTTING ON THE EAST AND THE NORTH HALF OF VACATED NASSAU STREET ABUTTING ON THE SOUlH, ACCORDING TO THE MAP OR PLATTifEREOF AS SAME 15 RECORDED IN PLAT BOOK 9, PAGE 40, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 2966 PAGE 1313 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OVER AND ACROSS THE SOUTH FIFTEEN FEET OF THE NORTH 10.6' OF LOTS 1 AND 2, BLOCK 32 MENTIONED ABOVE, LESS ADDITIONAL RIGHT OF WAYS GIVEN TO THE STATE OF FLORIDA FOR FRONTAGE ROAD, LYING IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 18 EAST IN HIUSBOROUGH COUNTY, FLORIDA. SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF VACATED SUNSET STREET ANO THE SOUTHERN RIGHT OF WAY FOR LAUREL STREET (LAUREL BOULEVARD) AND PROCEEDING SOUTifERLY ALONG THE CENTERLINE OF VACATED SUNSET STREET S.00 28'3"W, FEET TOA FOUND NAIL AND DISK LABELED "LB6113" AND THE POINT OF BEGINNING. THENCE CONTINUING SOUTHERLY ALONG THE VACA TED CENTERLINE OF SUNSET STREET, S.00 28'3"W, 444.1' TO A SET IRON ROD LYING 0.29' s. AND 0.59' W. OF A FOUND IRON PIPE STAMPED "LB24" AT THE CENTERLINE INTERSECTION OF VACATED SUNSET STREET AND CENTERLINE OF VACATED NASSAU STREET; THENCE PROCEEDING WESTERLY ALONG THE CENTERLINE OF VACATED NASSAU STREET, N.88 58'06"W, ' TO A~ INCH FOUND CAPPED IRON ROD LABELED "LBS895" LOCATED ON THE EAST RIGHT Of WAY FOR FRONTAGE ROAD; THENCE NORTHWESTERLY ALONG THE EAST RIGHT OF WAY OF FRONTAGE ROAD N.31 43'29"W, ' TO A POINT OF CURVATURE, THENCE ALONG A NON TANGENT CURVE TO TifE RIGHT FOR 23.89' ALONG THE ARC, HAVING A RADIUS OF 2,358.13', A CENTRAL ANGLE OF 06 39'1" AND A CHORD OF N.30 04'34.,W, 23.4' TO A SET IRON ROD; thence S.88"58'10"E, ' TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 191,906.6 SQUARE FEET OR ACRES. City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED. By:. i;w_...,. Lip,<.< Date: s

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.