ORDINANCE NO NOW, THEREFORE,
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- Charles Robertson
- 5 years ago
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1 ~ ORDINANCE NO {ja.3 AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 21, DIVISION 1. GENERAL PROVISIONS; ADMINISTRATIVE AUTHORITY; DEFINITIONS; SECTION 21-4, DEFINITIONS; AMENDING ARTICLE IV. CREATION OF STORMWATER UTILITY, IMPOSITION AND COLLECTION OF STORMW ATER CHARGES; AMENDING SECTION , MITIGATION CREDIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the City Attorney's Office to complete the following amendment to Chapter 21, Code of Ordinances; and, WHEREAS, the City Council of the City of Tampa has determined that the following amendment promotes and protects the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which public hearings all residents and interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMP A, FLORIDA, 35 Section 1. That the recitals set forth above are hereby incorporated as 36 if fully set forth herein. 3 Section 2. That "Section Definitions." is hereby amended by adding the underlined language as follows: DIVISION 1. - GENERAL PROVISIONS; ADMINISTRATIVE AUTHORITY; DEFINITION "Sec Definitions. or the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings: }vfitigation credit means a credit applied to a stormwater charge for a developed property in consideration of the on-site management of the stormwater burden as a consequence of the location of a mitigation facility or in consideration of discharge to a non-city stormwater system or for the conveyance and/or treatment of city stormwater. -1-
2 lvfitigation facility means a manmade facility or structure on the site of a developed property 2 which, by its design and function, retains or detains stormwater on-site and thus generates less 3 volume of stormwater from the site or produces stormwater runoff at a lower rate or with less 4 pollutants than would be the case in the absence of such facilities or structure." 5 6 Section 3. That "Section Mitigation credit." is hereby amended by adding the underlined language and deleting the stricken language as 8 follows: 9 10 ARTICLE IV. - CREATION OF STORMWATER UTILITY, IMPOSITION 11 AND COLLECTION OF STORMWATER CHARGES "Sec Mitigation credit. The council may, by separate resolution, or in any initial stormwater resolution or any annual stormwater resolution, establish a Mitigation Credit for a stormwater charge. The calculation of a Mitigation Credit may be based upon, but not limited to, the following factors: onsite Mmitigation Ffacilities; discharge to a system other than the city's; and the receipt, treatment and collection of city stormwater. In order to qualify for a Mitigation Credit~ ~ the non-residential property owner or a community development district shall provide the city with as built drawings of the Mitigation Facilities sealed by a Florida registered professional engineer or a certification from a Florida registered professional engineer as to the standards of retention and detention achieved by the Mitigation Facilities. If these documents are not available, then other such documentation including but not limited to the following: Site survey or site plan depicting stormwater retention or detention; Survey depicting the area of the parcel directly discharging to eligible waters, or private system; Drainage survey plan; Stormwater pond permit ( Southwest Florida Water Management District or Florida Department of Environmental Protection Environmental Resource Permit or City of Tampa permit); Subdivision plat; Demolition and cleared site documentation; Topographic elevation survey; or Hillsborough County Property Appraiser's parcel detail 50 and deemed to be sufficient by the City to demonstrate that the Mitigation Facilities are operational and provide relief from all or a portion of the burden on -2-
3 IO the city system. For residential property owners and homeowners associations sufficient information shall be provided to establish an adequate basis to evaluate the property for Mitigation Credit. Such documentation may include but not be limited to documents such as those listed above.an engineering study that demonstrates the ejctent of the mitigation Such documentation shall be submitted to the city for review and approval within sixty (60) days of when the property owner receives notice of the proposed assessment or fee. Any reduction which may be necessary after the S_stormwater Rroll has been adopted will be refunded to the property o\\ner. No Mitigation Credit shall be granted to a parcel whose mitigation is provided by a Mitigation Facility constructed or maintained by city funds or funds received by the city as part of a cooperative funding agreement or grant. Section 4. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Section 5. That all ordinances in conflict herewith are hereby repealed to the extent of any conflict with the terms of this ordinance. Section becoming a law JANICE M. MCLEAN 48 ASSIST ANT CITY ATTORNEY 50 That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON MAY O PREPARED AND APPROVED AS TO LEGAL SUFFICIENCY BY: APPROVED BY ME ON -3-
4 ~ ORDINANCE NO ~ AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO STAY PENDING APPLICATION FOR REVIEW, MAKING REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 2 (ZONING AND LAND DEVELOPMENT); AMENDING SECTION 2-61, REVIEW; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DA TE. WHEREAS, the City Council of the City of Tampa directed the Planning and Development Department to complete the following amendment to Chapter 2, Code of Ordinances; and, WHEREAS, the City Council of the City of Tampa has determined that the following amendment promotes and protects the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which public hearings all residents and interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Sec Review." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Review.... (h) Stay pending application for review. (1) No building permit &, other development order, or other certification of a city or other governmental agency application shall be issued until the expiration of the review period. (2) The filing of a timely application for review shall stay all proceedings in furtherance of the decision.. which is the subject of the application for review.. until the request has been disposed of by city council, and no building peffflit or other deyelopment order shall be issued until the ekpiratior of the revie 1.v period. The petitioner may file applications, plans.. or other information with the city pending the outcome of the review, but the filing of such plans or other irfoffh.atior shall create no rights to any building peffflit or other de'lelopment order related approval of or by the city." Ord sec 2-61 vl
5 l Section 2. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. laws. Section 4. That this ordinance shall take effect immediately upon becoming PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON MAY O ATTEST: APPROVED AS TO LEGAL SUFFICIENCY BY: EIS ~~~~~- -~~~~~~~- REBECCA M. KERT SENIOR ASSISTANT CITY ATTORNEY APPROVED BY ME ON ---- MAY O /&{ /;~ca::~ BOBBUCKHORN,MAYOR Ord sec 2-61 vi 2
6 v(l:-rj ORDINANCE NO {p 5 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 505 NORTH HUBERT A VENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICA TION(S) RS-50 (RESIDENTIAL, SINGLE F AMIL Y) TO PD (PLANNED DEVELOPMENT, RESIDENTIAL, SINGLE-FAMILY ATTACHED); 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 14 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. 16 NOW, THEREFORE, 1 19 BE IT ORDAINED BY THE CITY COUNCIL 20 OF THE CITY OFT AMPA, 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 2 LEGAL DESCRIPTION: A), which is presently zoned RS-50 (residential, single-family) under City of Tampa Code Chapter 2, be changed to ZONING DISTRICT CLASSIFICATION PD 31 (planned development, residential, single-family attached), as provided for in Chapter 2, 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 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 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 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 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 rezoned site. 50 Section 5. That, pursuant to Florida Statutes Section 166.0, 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 REZ16-19 Vl -1-
7 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 166.0, 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. IO I I 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 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 TAMPA, FLORIDA ON MAY Q ATTEST: CHA 25 ~J.:L CITYC ~~~~~ 2 MAY O APPROVEDbymeon~~~~~~~ 31 PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: BOBBUCKHORN,MAYOR E/S REBECCA M. KERT SENIOR ASSISTANT CITY ATTORNEY REZ16-19 REZI6-l9 VI -2-
8 Appllcatlon for Rezonint, City art1mpi1 LaNI Develo,nMnt C~lnlllon 10 North Bouie11alll TUPI l'l " (81311.a10D 1 S) -112 fax.. I Application Number: REZ-1~19 LEGAL DESCRIPTION (use separate sheet (f needed) MUST BE TYPED & DO NOT ABBREVIATE THE NORTH 36 FEET OF LOT 4 AND AkL OF LOT 5, BLOCK 10 HANAN ESTATES, ACCORDING TC THE MAP OF PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, TOGETHER IMTH THE \NEST 112 OF CLOSED ALLEY ABUTTING ON THE EAST. City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED Fite #: REZ ,e Atlas: ~9 By: &.1-.t. 4-' Date: 01120J201s
9 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.
10 ORDINANCE NO /_p lo AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF WEST STATE STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICA TION(S) RS-50 (RESIDENTIAL, SINGLE F AMIL Y) TO RO (RESIDENTIAL, OFFICE); PROVIDING AN EFFECTIVE DA TE. 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 1 14 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code NOW, THEREFORE, 1 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: 24 LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit A), which is presently zoned RS-50 (residential, single-family) under City of Tampa Code Chapter 2, be changed to ZONING DISTRICT CLASSIFICATION RO (residential, office), as provided for in Chapter 2, 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. REZ16-20 VI -1-
11 I Section 5. That, pursuant to Florida Statutes Section 166.0, 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. 8 Section 6. That, pursuant to Florida Statutes Section 166.0, all other 9 applicable state or federal permits must be obtained before commencement of the IO development Section. 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 1 provisions shall remain in full force and effect. 19 Section 9. That this ordinance shall take effect immediately upon 20 becoming a law PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 TAMPA,FLORIDAON MAYO ATTEST: ~p PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSISTANT CITY ATTORNEY N/~!lrl*~~~J-..~ UNCIL MAY O 6 '2016 APPROVEDbymeon~~~~~~~ BOBBUCKHORN,MAYOR REZ16-20 REZ16-20 VI -2-
12 Application for Rezoning at,oftampa Land Development Coordination 10 North ~.,,.rd Timpe, FLIHm (111)24.J100(phone) Appllcatlon Number:? Z I p -20 LEGAL DESCRIPTION (use 59Nrate sheet If needed) MUST BE TYPED & DO NOTABBlE\IIATE; LOT 1 AND 2, BLOCK 5, REVISED PLAT OF BROADMOOR PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 21, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. City of Tampa Right of Way & Ma ng Seotlon LEGAL DESCRIPTION APPROVED Fiie #: REZ-1a Atlas: 1-s By:..._.t. fr:' Date: 01m1201s
13 1 ORDINANCE NO. 20 l 6-h2 2 3 AN ORDINANCE REZONING PROPERTY IN THE GENERAL 4 VICINITY OF 4125 WEST SAN JUAN STREET, IN THE CITY 5 OF TAMPA, FLORIDA, AND MORE PARTICULARLY 6 DESCRIBED ln SECTION 1, FROM ZONING DISTRICT CLASSIFICA TION(S) RS-60 (RESIDENTIAL, SINGLE- S FAMILY) TO RS-50 (RESIDENTIAL, SINGLE-FAMILY); 9 PROVIDING AN EFFECTIVE DA TE 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 2, City of Tampa Code NOW, THEREFORE, 1 BE IT ORDAINED BY THE CITY COUNCIL 19 OF THE CITY OFT AMP A, 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: 24 LEGAL DESCRIPTION: (Attached hereto and made a part hereof as Exhibit A), which is presently zoned RS-60 (residential, single-family) under City of Tampa Code Chapter 2, be changed to ZONING DISTRICT CLASSIFICATION RS-50 (residential, single-family), as provided for in Chapter 2, 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. REZ16-21 Vl -1-
14 1 Section 5. That, pursuant to Florida Statutes Section 166.0, 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. 8 Section 6. That, pursuant to Florida Statutes Section 166.0, all other 9 applicable state or federal permits must be obtained before commencement of the 10 development Section. 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 1 provisions shall remain in full force and effect. That this ordinance shall take effect immediately upon Section 9. becoming a law. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA,FLoRIDAoN MAY a s zg1s ATTEST: CITY ~k?tt;zk~ PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSISTANT CITY ATTORNEY N/Gi"t-Ad-l'd 1rli'+-t~:,-;.,~ UNCIL MAY (] F 2016 APPROVED by me on~~~~~~~ BOBBUCKHORN,MAYOR REZ16-21 REZ16-21 VI -2-
15 Application for Rezonin 11 ' City of Tim.,. und o oprmnt Coonlnltlon 10 North Bcdlftnl Tamp.1 Fl 10 (813) (113) fax ApplcllltDl1 Nimbr. REZ-1& LEGAL DESCRIPTION (uff separate sheet If needed) MUST BE JYPED & DO NOT ABBREVIATE LOTS 13 AND 14, BLOCK, REVISED PLAT OF MARYLAND MANOR, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE, OF THE PUBLIC RECORD OF HILLSBOROUGH COUNTY, FLORIDA. City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED File#: REz-1s-ooo0021 Atlas: K-9 By:...,_.4.,4p1141 Date: s
16 ORDINANCE NO la. _ AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 23 WEST HILLSBOROUGH A VENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICA TION(S) CI (COMMERCIAL INTENSIVE) AND CG (COMMERCIAL GENERAL) TO PD (PLANNED DEVELOPMENT, PARCEL A - OFFICE, MEDICAL AND BUSINESS/PROFESSIONAL, CLINIC, AND LABO RA TORY, PARCEL B - ALL COMMERCIAL INTENSIVE (CI) USES); PROVIDING AN EFFECTIVE DA TE. 14 WHEREAS, a public hearing as required by law was held in City Council 15 Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of 16 Tampa, Florida, relating to the rezoning of the real property described in Section 1 1 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 22 OF THE CITY OFT AMP A, FLORIDA: Section 1. That the Zoning District Classification upon the following 25 described real property, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: 2 (Attached hereto and made a part hereof as Exhibit LEGAL DESCRIPTION: A), 31 which is presently zoned CI (commercial intensive) and CG (commercial general) under City of Tampa Code Chapter 2, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, Parcel A - office, medical and business/professional, clinic, and laboratory, Parcel B - All Commercial Intensive 35 (CI) uses), as provided for in Chapter 2, City of Tampa Code, and that the zoning 36 map be amended to reflect said change on the above-described legal description and 3 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. 41 Section 2. That said Zoning District Classification is hereby amended 42 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. Section 3. That approval of this rezoning shall not release the Petitioner/Owner from meeting the requirements of the City of Tampa's 4 Concurrency Management System Ordinance at the time of actual permitting and 48 development of the 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. REZ16-2 Vl -1-
17 Section 5. That, pursuant to Florida Statutes Section 166.0, 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. 8 Section 6. That, pursuant to Florida Statutes Section 166.0, all other 9 applicable state or federal permits must be obtained before commencement of the 10 development Section. 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 1 provisions shall remain in full force and effect. 19 Section 9. That this ordinance shall take effect immediately upon 20 becoming a law PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 TAMPA, FLORIDA ON MAY o ATTEST: 2 31 APPROVEDbymeon~~_M_AY~0_ 5 _ _zo_ PREPARED BY AND APPROVED 3 AS TO LEGAL SUFFICIENCY: EIS REBECCA M. KERT SENIOR ASSISTANT CITY ATTORNEY REZ16-2 REZ16-2 Vl -2-
18 Application for Rezoning City of Tampa Lend Development Coordination 10 North Boulevard Tampa, FL 602 (813) (phone) Application Number: REZ-16-2 City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED Fiie #: Rez.1e Atlas: e-11 By: "'""-..t.,4,,,:,1 Date: 03/09/201e LEGAL DESCRIPTION (use separate sheet If needed) MUST BE TYPED & DO NOT ABBREVIATE: A PARCEL OF LAND CONSISTING OF LOTS 12 THROUGH 21, INCLUSIVE, LOTS THROUGH 35, INCLUSIVE, PART OF LOTS I I AND 36. BLOCK AND PART OF LOTS 12 THROUGH 14, INCLUSIVE, PARTOFLOTS21 THROUGH, INCLUSIVE,ALLOFLOTS 11, IS, 16, 1,, 19,20AND, BLOCK IOAND THE VACA TED RIGHT OF WAY OF MOHAWK AVENUE LYING BETWEEN THE EASTERLY RIGHT OF WAY UNE OF ARMENIA AVENUE AND THE SOUTHERLY EXTENSION OF THE EASTERLY BOUNDARY LINE OF LOT 3S, BLOCK, ALL LYING WITHIN MARJORY B. HAMNER'S RENMAH AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK, PAGE 1 OF E PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT2 I, BLOCK OF SAID MARJORY B. HAMNER'S RENMAH; THENCE S89"00'42"E (AS A REFERENCE BEARING) ALONG THE NORTHERLY BOUNDARY OF SAID BLOCK, ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF COMANCHE AVENUE, FOR A DISTANCE OF FEET TO A POINT LYING 4.85 FEET EASTERLY OF THE NORTHWEST CORNER OF LOT 11, BLOCK OF SAID MARJORY 8. HAMNER'S REN MAH; TIIENCE S00"23'S9"W, ALONG A LINE 4.85 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY BOUNDARY LINE OF LOT 11 AND LOT 36 OF SAID BLOCK, FOR A DISTANCE OF FEET TO THE NORIBERL Y RIGHT OF WAY LINE OF MOHAWK AVENUE; THENCE N89" 00'3 l"w, ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 4.85 FEET TO THE SOUTHWEST CORNER OF LOT.36 OF SAID BLOCK ; THENCE 500"23 'S9''W, ALONG THE SOUTI-IERL Y EXTENSION OF THE EASTERLY BOUNDARY LINE OF LOT 35 OF SAID BLOCK, FOR A DISTANCE OF FEET; THENCE S88 56 '"E, FOR DISTANCE OF FEET TO THE NORTHERLY EXTENSION OF 1l{E EASTERLY BOUNDARY LINE OF LOT 11, BLOCK 10 OF SAID MARJORY B. HAMN ER'S RENMAH; 111ENCE S00"23'S9'W, ALONG 11-IE EASTERLY BOUNDARY LINES OF LOT AND LOT 11 AND THE NORTHERLY EXTENSION THEREOF, OF SAID BLOCK 10, FOR A DISTANCE OF 2.09 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF HILLSBOROUGH AVENUE; THENCE N88'' I 2"W, ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF SAID LOT, BLOCK 10; THENCE N00"0'00"E, ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT AND LOT 11, FOR A DISTANCE OF I t9.s9 FEET; THENCE N89"00'00"W, FOR A DISTANCE OF 12S.12 FEET; THENCE SOO"l I '0'W, FOR A DISTANCE OF l'eet TO THE SAID NORTHERLY RIGHT OF WAY LINE OF HILLSBOROUGH AVENUE AND A POINT ON THE ARC OF A NON-TANGENT CURVE; THENCE ALONG TIIE SAID NORTHERLY RIGHT OF WAY LINE OF HILLSBORUGH AVENUE THE FOLLOWING THREE (3) COURSES; ( 1) THENCE NORTHWESTERLY, 1.11 FEET, ALONG THE ARC OF A CURVE, CONCAVE NORTHERLY. HAVIN<J A RADIUS OF FEEi AND A CHORD BEARING AND DISTANCE OF N82 'OO"W, 1.10 FEET; (2) THENCE N81 "08'2"W, FOR A DISTANCE OF.35 FEET TO A POINT OF CURVA lure; (3) THENCE NORTHWESTERLY. 85.SI FEET, ALONG THE ARC OF A CURVE, CONCAVE SOUllff.RL Y, HA VINO A RADIUS OF.48 FEET AND A CHORD BEARING AND DlSTANCf OF N82 04'Sl''W, FEET; THENCE N00"23'59"E, FOR A DISTANCE OF.68 FEET; THENCE N89"36'01"W, FOR A DISTANCE OF S4. FEET; THENCE S00"23'S9"W, FOR A DISTANCE OF23.8 FEETTOTHESAIDNORTHERLY RIGHT OF WAY LINEOF HILLSBOROUGH AVENUE ANDA POINTON THE ARC OF A NON-TANGENT CURVE; 1liENCE ALONG THE SAID NORTHERLY RIGHT OF WAY I.INE THE FOLLOWING FIVE (S) COURSES; (I) THENCE NORTHWESTERLY 62.S FEET, ALONG THE ARC OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF.48 FEET AND A CHORD BEARING AND DISTANCE OF N84"3 I '"W, 62.5 FEET; (2) THENCE NOIJ"'S"E, FOR A DISTANCE OF 3.22 FEET; (3) THENCE N86"20'4S"W. FOR A DISTANCE OF FEET; (4) THENCE N6"22' 13"W. FOR A DISTANCE OF. FEET; (S) THENCE N22 36'"W, FOR A DISTANCE OF FEET TO THE EASTERLY RIGHT OF WAY LINE OF ARMENIA AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING THREE (J) COURSES; (I) TiiENCE NOIJ"06 '04"E, FOR A DISTANCE OF 9.59 FEET; (2) THENCE S&3"59'"W, FOR A DISTANCE OF 1.60 FEET; (3) THENCE N00"'42"W, FOR A DISTANCE OF 6.62 FEET; THENCE S88"59"23"E,!'ORA DISTANCE OF 10.59FEET; THENCEN01"41 'I t"w, FORA DISTANCE OF 3.04 FEIT TO THE NORTllWESTCORNEROF LOT2(0f SAID BLOCK JO. THENCE NS8"5'2S'W, ALONG THE NORTHERLY BOUNDARY LINES OF LOT 23 AND LOT 22 OF SAID BLOCK 10, FOR A DISTANCE OF FEET TO THE SAID EASTERLY RIGHT OF WAY LINE OF ARMh'NIA AVENUE; THENCE N00"24'2 1"E, ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DIST i6.nce OF I 54. FEET TO THE SAID NORTHERLY RIGHT OF WAV LINE OF MOHAWK AVENUE; THENCE S88 54'S9"E, ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF LOT, BLOCK, OF SAID MARJORY B. HAMNER'S RENMAH; THENCE N00"24 '0"E, ALONG THE WESTERLY BOUNDARY LINES OF LOT AND LOT 21 OF SAID BLOCK, FOR A DISTANCE OF FEET TO TIIE SAID NORTHWEST CORNER OF LOT 21, BLOCK AND THE POINT OF BEGINNING. ALL I.VINO AND BEING IN SECTION 35, TOWNSHIP SOUTH, RANGE EAST. CON"fAININO S.913 ACRES, MORE OR LESS. E){HIBIT "A"
19 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.
20 ORDINANCE NO _(p~_9 AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2); APPROVING A PLACE OF RELIGIOUS ASSEMBLY AND DAY CARE AND NURSERY FACILITY IN AN RS-60 (RESIDENTIAL, SINGLE-FAMILY) ZONING DISTRICT IN THE GENERAL VICINITY OF 06 WEST A VENUE, IN THE CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF; PROVIDING AN EFFECTIVE DA TE. 12 WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters 14 deemed to be of city-wide or area-wide importance must be submitted to the City 15 Council for consideration and approval as a Special Use Permit (S-2); and, 16 1 WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, 19 relating to approval of the special-use permit for the real estate described in Section 20 l of this ordinance under the terms and provisions of Chapter 2, City of Tampa 21 Code NOW, THEREFORE, 25 BE IT ORDAINED BY THE CITY COUNCIL 2 OF THE CITY OF TAMPA, FLORIDA: Section 1. That a Special Use Permit (S-2) for the real estate situate, 31 lying and being in the City of Tampa, and as more particularly described as follows: 35 LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit 36 is hereby approved to allow a place of religious assembly and day care and nursery 3 facility, in an RS-60 (residential, single-family) zoning district. Section 2. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified 41 site development plan, a copy of which is attached hereto and by reference made a 42 part hereof as Exhibit "B". Section 3. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline 4 shall result in cancellation of this Special Use Permit SU Vl -1-
21 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 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 2, 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 1 intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 2, City of Tampa Code Section. That, pursuant to Florida Statutes Section 166.0, 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. 2 Section 8. That, pursuant to Florida Statutes Section 166.0, all other applicable state or federal permits must be obtained before commencement of the development. 31 Section 9. That all ordinances or parts of ordinances in conflict herewith 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 SU Vl -2-
22 I Section 11. That this ordinance shall take effect immediately upon 2 becoming a law PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF 6 TAMPA, FLORIDA ON MAY O 5 20i ATTEST: 2 PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S REBECCA M. KERT SENIOR ASSISTANT CITY ATTORNEY MAY O A 016 APPROVEDbymeon~~~~~~- BOBBUCKHORN,MAYOR SU SU VI -3-
23 Application for Special Use -2 General Request CllyafTMlpa Land Development Coordination 10 North Bouhrnrd Tampa FL U60 ( ~n N1.111bar: SU LEGAL DESCRIPTION (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVIATE LOT 1, BLOCK 4, W. E. HAMNER'S FOREST ACRES, AS RECORDED IN PLAT BOOK, PAGE, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED Fite#: su Atlas: e-12 By:.,_.t.:!"":' Date: s E)(HIBIT "A"
24 DUE TO THE SIZE OF THE MAP/SITE PLAN, THE MAP/SITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.
25 After Recording, Return to: City of Tampa Office of the City Clerk 315 East Kennedy Blvd Old City Hall, 3rd Floor Tampa, Florida 602 Ref: VAC16-11 ORDINANCE NO / cj AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING A PORTION OF PAXTON AVENUE LYING EAST OF MANHATIAN AVENUE AND WEST OF LOIS AVENUE, IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE FULLY DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN EASEMENT RESERVATIONS, COVENANTS, CONDITIONS AND RESTRICTIONS MORE PARTICULARLY SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number VAC16-11 has been submitted by the City of Tampa (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 City of Tampa and of the public in and to same is hereby renounced, released, and disclaimed, subject, however, to the following easement reservation: Permanent City of Tampa Stormwater Easement: A permanent, non-exclusive drainage easement in, on, under, over and across the entire length and width of the right-ofway vacated hereby, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ("Stormwater Easement"). This easement is reserved for the use and benefit of the Stormwater Division of the City of Tampa, its successors or assigns for the construction, installation, operation, repair, reconstruction and maintenance of stormwater drainage facilities, including without limitation, drainage lines, inlets, outlets, retention ponds, detention ponds and appurtenances thereto. Said Stormwater Easement is reserved for all stormwater drainage facilities described above that are now existing or are hereafter installed or located on, beneath or above the surface of the land subject to this easement and shall include a full right of ingress and egress thereto and over, across, under and through the length and width of the easement. No permanent or temporary structures (other than pavement or curbing) shall be allowed to be constructed on, in, over or under, and no landscaping (other than grass or small shrubbery) shall be allowed to be planted on
26 the land subject to this Stormwater Easement unless approved in writing by the Director of the Stormwater Division of the City of Tampa. In connection with any repair, maintenance construction and reconstruction activities conducted by the Stormwater Division of the City of Tampa on or in the land subject to this Stormwater Easement, the City of Tampa shall only be required to return any excavated areas to finish grade and to 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 or liability to restore any private structures, buildings, improvements or landscaping disturbed or damaged as a result of such construction, repair, maintenance, or reconstruction activities. Section 2. Release of Easement: The easement 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 the right-of-way vacated hereby, or any portion thereof, the vacation of the right-of-way described in Exhibit "A" attached hereto shall not affect the status of that title. Any transfer of the City of Tampa's fee interest, if any, 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 times subject to compliance with City of Tampa Code of Ordinances, Chapters 13 and 2, Landscaping, Tree Removal and Site Clearing, as may be amended from time to time. Section 5. Compliance with Conditions: That the vacation of the right-of-way described in Exhibit "A" attached hereto is expressly conditioned upon the compliance with and fulfillment of all terms and conditions contained herein, which terms and conditions shall be deemed covenants running with the land. In the event that Petitioner fails to comply with these Ordinance conditions, then this Ordinance shall be deemed automatically null and void and the right-of-way shall revert to its former use as public right-of-way. Petitioner shall, at its sole cost and expense, promptly restore the right-of-way to the same condition that existed at the time of the vacating of said right-of-way. Section 6. Severability: That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Section. Recording: That the City Clerk shall record a copy of this Ordinance in the Office of the Clerk of the Circuit Court of Hillsborough County, Florida. Section 8. upon becoming a law. Effective Date: That this Ordinance shall take effect immediately 2
27 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON MAY O Approved as to Form: E/S JULIE HARDY ASSISTANT CITY ATIORNEY K:\]ulie Hardy\Right of Way- Mapping\VACATIONS\VAC16-11.doc MAY U b 2016 APPROVED by me on 4s /~c.a.h.4-c- BOB sucigtorn, MAlfR--2..l 3
28 +hat portion of Paxton Avenue (Marylin Avenue per plat) lying South of and abutting Lots 9 and 10, Block 8, of GANDY CITY PLAT NO. 1, as recorded in Plat Book 11, Page 100, and lying South of and abutting Lots 1 through 3, inclusive, of GANDY CITY PLAT NO. 4, as recorded in Plat Book 11, Page, BOTH of the public records of Hillsborough County, Florida, also lying North of and abutting Lots 11 and 12, Block 8, of said GANDY CITY PLAT NO. 1, and lying North of and abutting Lots 4 through 9, inclusive, of the aforesaid GANDY CITY PLAT NO. 4, said portion of Paxton Avenue further lying West of the East boundary of the aforesaid Lot 12 and East of the East right-of-way line of Manhattan Avenue. Exhibit "A" City of Tampa Right of Way & Mapping Section -- LEGAL DESCRIPTION APPROVED File#: vac Atlas: M-9 By: '8~L. L'f'W< Date: 03;012016
ORDINANCE NO ~
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