ORDINANCE NO /f'7

Transcription

1 l ORDNANCE NO /f' AN ORDNANCE OF THE CTY OF TAMPA, FLORDA, MAKNG REVSONS TO CTY OF TAMPA CODE OF ORDNANCES, CHAPTER 25 (TRANSPORTATON); AMENDNG SECTON , DESGNATED TRUCK ROUTES ESTABLSHED; OBSERVANCE REQURED; HAZARDOUS MATERALS ROUTNG ESTABLSHED; REPEALNG ALL ORDNANCES OR PARTS OF ORDNANCES N CONFLCT THEREWTH; PROVDNG FOR SEVERABLTY; PROVDNG AN EFFECTVE DATE. WHEREAS, the City of Tampa established Chapter 25 - Transportation, Article 111. Technical Provisions, Division. Specific Technical Requirements, Sec Designated truck routes established; observance required; hazardous materials routing established; and WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act," implements the applicable provisions of the Florida Constitution and authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact Ordinances in furtherance thereof; and WHEREAS, the City of Tampa (the "City") is invested with the general superintendence and control of its streets, and is empowered by Chapter 16, Florida Statutes (20 l 0), to prohibit or regulate the use of streets and highways under its jurisdiction wherever such regulation or prohibition is necessary to provide for the public safety and convenience; and WHEREAS, the City, pursuant to City Resolution No adopted by City Council on January 6, 2011, entered into a Roadway Transfer Agreement with the Florida Department of Transportation (the "FOOT") in accordance with Section , Florida Statutes, dated February 8, 2011, and recorded at Book 20504, Pages of the Official Public Records of Hillsborough County, Florida, for the mutually agreed upon jurisdictional transfer of a portion of State Road 585 from the State Highway System to the City to allow for the City to implement Transportation Design for Livable Communities features in East Tampa along the 22nd Street corridor; and WHEREAS, such transfer necessitates certain changes to the current truck route Ordinance; and WHEREAS, City staff has sought input from interested parties and members of the public; and WHEREAS, the City desires to amend the City Of Tampa Code of Ordinances, Chapter 25, Transportation, Section (a) to update the boundaries of established truck routes for the reasons stated herein; and Ord_ Sec _ ElecSignsLocalStreets _ fin a l_ v2

2 WHEREAS, the City Council of the City of Tampa has determined that the enactment of this Ordinance is for a proper municipal purpose and protects the public health, safety and welfare; and WHEREAS, the City Council has conducted a duly noticed public hearing as required by law, at which hearing all parties in interest and citizens were afforded notice and the opportunity to be heard. NOW, THEREFORE, BE T ORDANED BY THE CTY COUNCL OF THE CTY OFT AMPA, FLORDA: Section 1. That "Sec Designated truck routes established; observance required; hazardous materials routing established." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Designated truck routes established; observance required; hazardous materials routing established. Street...(a) Designated truck routes are illustrated on the official truck route map, on file at the city clerk's office and on the City of Tampa website, and include the following: (1) Unless otherwise prohibited, all streets under the jurisdiction of the state department of transportation (state roads); (2) All other streets of this city so designated hereby, as follows: 4~ A tem:te th Avenue 1th Street Extension 1th Avenue 1th/18th/19th Avenue 19th Avenue 19th Street/Corrinne Street 20th Street (SR 45) 21st Street jfrom baelaaelsiee 9Fi.. e ~ 4th Street 4th Avenue Avenida Republica de Cuba 22nd Street 40th Street 20th Street Causeway Boulevard Lee Roy Selmon Expressway ~ fl6--street 50th Street Nuccio Parkway 22nd Street 40th Street Columbus Drive Adamo Drive Lee Roy Selmon Expressway 2-J.ftl AveAue Adamo Drive (SR 60) Ord_Sec _Truck Routes_v2 2

3 .---- l 22nd Street 0th Street 4th Street 9th Street Lee 40th Street 40th Street 50th Street Adamo Drive (SR60) Anderson Road Armenia A venue Armenia A venue Ashley Street A venida Republica de Cuba Azeele Street Azeele Street Access Road Bay to Bay Boulevard Bird Street Bougainvillea Avenue Boy Scout Boulevard Broadway Avenue Brorein Street Bruce B Downs Boulevard Bruce B Downs Boulevard Busch Boulevard Cargo Road Cass Street Cass Street Causeway Boulevard Channelside Drive Channelside Drive Cleveland Street Lee Roy Selmon Expressway Busch Boulevard Adamo Drive Roy Selmon Expressway j 10th Avenue. Hillsborough Avenue South City Limit ; Channelside Drive Hillsborough Avenue Platt Street Kennedy Boulevard Jackson Street Nuccio Parkway Henderson Boulevard Tampania A venue Manhattan A venue Florida A venue 0th Street Trask Street 50th Street Plant A venue Fowler Avenue West City Limit West City Limit Lauber Way Howard A venue North Boulevard Maritime Boulevard Florida A venue Kennedy Boulevard Armenia A venue Hillsborough Avenue Adamo Drive (SR 60) Fowler Avenue J M L King Boulevard 10th Avenue Hillsborough Avenue Busch Boulevard North City Limit City Limit North City Limit Kennedy Boulevard Busch Boulevard 1-25 Columbus Drive Tampania A venue Armenia A venue _J _J Lee Roy Selmon Expressway Nebraska A venue McKinley Drive Columbus Drive East City Limit Channelside Drive Fletcher A venue County Line Road East City Limit Hillsborough A venue North Boulevard Nebraska A venue East City Limit Beneficial Drive 4th Avenue Plant Avenue Ord_Sec _Truck Routes_v2

4 Columbus Drive Boy Scout Boulevard Dale Mabry Highway Columbus Drive Dale Mabry Highway 50th Street Columbus Drive 50th Street Broadway A venue Commerce Street Picnic sland nterbay Boulevard Courtney Campbell Causeway Pinellas County Eisenhower Boulevard Cypress Street Memorial Highway North Boulevard ; --- _J Dale Mabry Highway MacDill Air Force North City Limit Base Eisenhower Boulevard/Veteran's Expressway Spruce Street North City Limit Fletcher A venue 46th Street 50th Street Flori braska A venue Tampa Street Nebraska Avenue Florida A venue Channelside Drive Jackson Street Florida Avenue Jackson Street North City Limit Fowler Avenue West City Limit East City Limit Franklin Street Channelside Drive Whiting Street Gandy Boulevard West City Limit Dale Mabry Highway Gandy Boulevard Dale Mabry Highway MacDill Avenue Green Street North Boulevard Laurel Street *Henderson Boulevard Manhattan A venue Dale Mabry Highway Henderson Boulevard Dale Mabry Highway Kennedy Boulevard Hillsborough A venue West City Limit East City Limit Himes A venue Cypress Street Hillsborough A venue Howard A venue Platt Street Kennedy Boulevard Howard A venue Kennedy Boulevard Tampa Bay Boulevard 1-25 West City Limit North City Limit East City Limit -5 Fletcher A venue North City Limit nterbay Boulevard Westshore Boulevard MacDill Avenue Jackson Street Ashley Street Meridian Street Jefferson Street Channelside Drive [-25 Kay Street Tampa Street Florida A venue Kennedy Boulevard (West) 1-25 Memorial Highway Ord_Sec _ Truck Routes_ v2 4

5 Kennedy Boulevard (State 60) Memorial Highway Channelside Drive Tampa Bay Lauber Way Kentucky A venue Boulevard Laurel Street North Boulevard Tampa Street,-- - Lee Roy Selmon Expressway r Gandy Boulevard East City Limit Lois Avenue Pearl Avenue Gandy Boulevard Lois Avenue Kennedy Boulevard Boy Scout Boulevard Lois Avenue Tampa Bay Hillsborough A venue Boulevard i M L King Boulevard Cargo Road Dale Mabry Highway M L King Boulevard Dale Mabry Highway East City Limit MacDill Avenue lnterbay Boulevard Columbus Drive ' 1 ' Manhattan A venue Pearl A venue Gandy Boulevard *Manhattan A venue Gandy Boulevard Henderson Boulevard Maritime Boulevard Drawdy Drive Causeway Boulevard McKinley Drive Busch Boulevard Fowler Avenue Melbume Boulevard 40th Street 50th Street Memorial Highway (SR 60) Kennedy Boulevard Spruce Street Meridian Street Channelside Drive Twiggs Street Morgan Street Channelside Drive Kennedy Boulevard Nebraska A venue Jackson Street North City Limit North Boulevard Kennedy Boulevard M L King Boulevard Nuccio Parkway Nebraska A venue Avenida Republica de Cuba Orient Road Adamo Drive Broadway A venue Pearl Avenue Manhattan A venue Lois Avenue Pierce Street Cass Street Whiting Street Platt Street Armenia A venue Bayshore Boulevard Platt Street/Channelside Drive Bayshore Boulevard Florida A venue Scott Street Ashley Street Jefferson Street Sligh Avenue West City Limit Nebraska Avenue South Boulevard Platt Street Kennedy Boulevard Spruce Street Memorial Highway Trask Street Tampa Bay Boulevard Lauber Way Dale Mabry Highway _J Ord Sec Truck Routes v

6 Tam pa Street Franklin Street Jackson Street Tam pa Street Jackson Street M L King Boulevard Tampa Street/Highland Avenue M L King Boulevard Violet Street Twiggs Street Meridian Street Channelside Drive Tyler Street Cass Street (West) Cass Street (East) Veterans Expressway Courtney Campbell Cswy Memorial Highway Violet Street Highland A venue Florida A venue Waters A venue West City Limit Nebraska A venue Westshore Boulevard nterbay Boulevard Gandy Boulevard Westshore Boulevard Kennedy Boulevard Spruce Street Whiting Street Tampa Street Franklin Street Whiting Street Pierce Street Jefferson Street 4l'll A1t'eA\:je GhaAAelsiae 9Fi,'e 1 ~Ra-Street u st-street sr 6() EAaame 9Fi 1,'ej +-4 ~Ra-Street i sr 60 EAaame 9Fi 1,'ej +-4,... * denotes no semi-trailers allowed... " 2 Section 2. The attached truck route map is hereby adopted and will be on file 4 at the City Clerk' s office and on the City of Tampa website pursuant to City Code 5 Section 25- l 82(a). 6 Section. That should a court of competent jurisdiction declare any part of 8 this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by 9 such determination as to the invalid part Section 4. That all ordinances or parts of ordinances in conflict herewith are 12 hereby repealed to the extent of any conflict Ord Sec Truck Routes v

7 law. Section 5. That this ordinance shall take effect immediately upon becoming a PASSED AND ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA, ON DE C o ATTEST: CHA RM N/C-1-J.A.~~N-P-R-A-=Tf~ CTY C UNCLL c~a~ipj~ APPROVED AS TO LEGAL SUFFCENCY BY: E/S ~~~~- -~~~~ JULE HARDY ASSST ANT CTY ATTORNEY APPROVEDBYMEON DECO ~~ ;Auci.k-c- BoBBucKHoRN, MAYoR Ord_Sec _Truck Routes_v2

8 ORDNANCE NO. U AN ORDNANCE DESGNATNG A PORTON OF TAMPA AS A "CLEAN ZONE" N ORDER TO REGULATE ACTVTES FROM JANUARY 1, 201 THROUGH JANUARY 11, 201, N PREPARATON FOR HOSTNG THE 201 COLLEGE FOOTBALL PLAYOFF NATONAL CHAMPONSDP GAME; DESGNATNG GEOGRAPHC BOUNDARES, DATES AND TMES FOR THE CLEAN ZONE; REGULATNG AND PROHBTNG TEMPORARY OUTDOOR ACTVTES, TENTS, SGNAGE AND COMMERCAL PROMOTON N THE RGHT-OF-WAY; PROVDNG FOR NSPECTONS AND PERMTS; PROVDNG FOR PENALTES; PROVDNG FOR DEFNTONS; PROVDNG FOR SEVERABLTY; REPEALNG CONFLCTS; AND PROVDNG AN EFFECTVE DATE. 22 WHEREAS, the City of Tampa has been selected to host the College Football PlayoffNational Championship Game; and WHEREAS, this event will attract many visitors to the City and expose the City to television viewers nationally and internationally; and 2 28 WHEREAS, in the bid to host the 201 College Football Playoff 29 National Championship Game, the City of Tampa has pledged to support the 0 College Football Playoff Organization (CFPO) in its activities relating to the 1 Championship Game; and 2 WHEREAS, this event will have a positive economic impact on the City 4 and encourage other events to come to the City; and 5 6 WHEREAS, this event will enhance community involvement by getting local businesses involved for the event; and 8 9 WHEREAS, it is in the best interest of the City of Tampa and its residents 40 to regulate the area which will be the focus of these activities to preserve the 41 public health, safety and welfare of all citizens, visitors and participants as well as 42 the aesthetic qualities of the area; and WHEREAS, this ordinance shall be effective only during the specified dates and within the specified boundaries. NOW, THEREFORE, 49 BE T ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, 50 FLORDA: -1-

9 SECTON 1. The portion of the city within the boundaries and during the 2 dates and times set forth in Sections 2 and is hereby designated as a "Clean Zone" in order to prepare for and host the 201 College Football Playoff National 4 Championship Game. 5 6 SECTON 2. The Clean Zone shall encompass all property within the boundaries as depicted in the maps attached hereto and incorporated herein as 8 Exhibits 1 and 2. The Clean Zone shall include the entire right-of-way of the 9 depicted boundaries and the abutting properties SECTON. The Clean Zone shall begin at 12:01 a.m. on Sunday, 12 January 1, 201 and continue until midnight at the end of January 11, SECTON 4. The following regulations shall apply temporarily in the 15 Clean Zone area within the depicted boundaries and during the dates and times set 16 forth in Sections 2 and hereof: 1 18 The Permitted and Special Uses in permanent structures allowed in this 19 area shall be as provided in the City Code. The following activities and structures 20 shall be subject to the prior approval of the City of Tampa, in the same manner as 21 an S-1 Special Use approval, and the following requirements which shall be in 22 addition to any requirements currently provided in the City Code. Pursuant to the 2 Authority of Chapter 2, City of Tampa Code of Ordinances, the review fee for a 24 determination of compliance with the provisions of this ordinance shall be $2 per 25 vender per site. 2 A. Definitions A "Temporary Outdoor Activity" (TOA) is the sale or vending 0 of food, beverages, goods, or merchandise that is partially or 1 completely conducted outside of a building permitted for such 2 uses. 4 B. Temporary Outdoor Activities Within the Clean Zone, all activities regulated hereunder shall obtain a TOA permit from the City of Tampa. Each person 8 engaging in a TOA must obtain their own individual permit. f 9 multiple TOA's are allocated within a single tent or on a single 40 lot, then each person engaging in any TOA must obtain their 41 own individual permit as well. There is no single "umbrella" 42 permit that permits all activities within the tent or on the lot. 4 An application for a TOA shall identify the specific use to be 44 allowed and provide a scaled site plan showing the property 45 lines of the site, all existing structures and paved areas, 46 sidewalks, rights of way and the location of the tent and any 4 other facilities, exterior signs and the tent manufacturers' 48 specifications All Temporary Outdoor Activities not accessory to a permitted principal use must occur within the boundaries of a tent or -2-

10 JO permanent structure, except licensed portable open air cooking facilities, with no signage on the tent or permanent structure, and which shall be located to prevent public access and shall be screened from view from adjoining zoning lots and street rights of way. All activity areas including seating areas for entertainment, eating, or drinking shall be within a tent and any allowed open portions of the tent shall be fully screened from street rights of way by a solid visual buffer. No customer lines shall extend into the right of way.. The sale of food, beverages, goods, or merchandise shall only be permitted within permanent structures or tents authorized hereunder. 4. No alcoholic beverages shall be sold from any Temporary Outdoor Activity unless the City has authorized the sale of alcoholic beverages on or from the property and a license has been obtained from the State of Florida and is posted within the tent. C. Tent Restrictions l. Tents shall be frame, conventional, self-supporting style tents with no tie downs or guy ropes necessary for structural support; tents shall be not less than 600 square feet; tents shall be one solid color, which shall be white. 2. All tents shall have solid walls on all tent sides visible from street rights of way. Tent walls directly facing each street right-of-way may have one open doorway not exceeding 20% of the length of the tent wall for ingress/egress purposes only. Only one doorway/entrance shall be allowed to face each street right-of-way on each tent side unless more are required for life/safety reasons which cannot be provided in the rear of the tent. No sales display or vending shall be allowed in the doorway. Walls not directly facing the street right of way may be raised up to 0 inches to allow for ventilation.. Tents shall not be located on areas landscaped with trees, shrubs or other similar vegetation and shall not damage existing vegetation. Tents shall not be required to meet minimum yard (setback) requirements. 4. Tents shall meet visibility at intersection requirements as set forth in Section , City of Tampa Code of Ordinances, and shall not hinder vehicular or pedestrian travel or access. 5. No tent shall be set up within the Clean Zone unless an inspection by the City of Tampa has occurred immediately prior to the set-up to insure compliance with color, design and --

11 O D. Sign Restrictions location requirements. immediately after set-up. A second inspection is required l. No signs on the exterior of tents shall be allowed except as follows: two (2) exterior signs (visible from the street right of way) shall be allowed per zoning lot. There shall be no limit on the number of signs located within the tent or interior area which are not visible from the public right of way. Each exterior sign shall not exceed six (6) square feet in area. Signs shall not be lighted or illuminated, shall be located directly between the tent and the street right-of-way and shall be attached to the tent. Colors used on exterior signs shall only be black, white, pastel and earth tone shades. Bright and primary colors are prohibited, except where the color is integral to licensed product promotional materials. E. Commercial Promotional Activities Within the Right-of-Way 1. Commercial promotional activities, including the distribution of samples, shall not be allowed on the right of way or on public property within the Clean Zone No person shall transact any business upon the public streets or sidewalks within the Clean Zone SECTON 5. No variance shall be granted to any provision of this ordinance SECTON 6. The sale of illegal, non-licensed or unauthorized merchandise is 1 strictly prohibited. 2 SECTON. This ordinance is adopted to support the CFPO in its efforts to 4 appropriately host the 201 College Football Playoff National Championship 5 Game for the benefit of Tampa and its citizens, and, as such, the areas depicted on 6 the maps attached hereto as Exhibits and 4 shall be exempt from the requirements of this ordinance, as these areas will be controlled directly by the 8 CFPO SECTON 8. A violation of this ordinance shall be deemed an irreversible and 41 irreparable class V violation, as defined in City Code Chapter 2.5, and will 42 result in an immediate citation for a fine in the amount of four hundred and fifty 4 dollars ($450.00). Each subsequent violation of this ordinance found to exist by 44 an inspector shall constitute a separate offense and result in a separate citation for 45 a fine in the amount of four hundred and fifty dollars ($450.00). Fines assessed 46 shall be in addition to the abatement of the violating condition, any injunctive 4 relief, or revocation of any permit or license. The proper officers and employees 48 of the City are hereby authorized to do all things necessary and proper to carry out 49 the provisions of this Ordinance

12 SECTON 9. All words and terms used herein shall be defined as set forth in City 2 of Tampa Codes Sections 1-2 and 1-, unless they are more specifically defined herein. Further, in the event that any provision of this ordinance conflicts with the 4 provision of any other ordinance of the City of Tampa, the stricter ordinance 5 provision shall govern. 6 8 SECTON 10. Should a court of competent jurisdiction declare any part of this 9 ordinance invalid, the remaining parts hereof shall not, in any way, be affected by O such determination as to the invalid part. 12 SECTON 11. This ordinance shall become effective immediately upon 1 becoming a law PASSED AND ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA, ON DEC O ATTEST: ~~~ APPROVED AS TO LEGAL SUFFCENCY BY: /es/ KRSTN M.T. MORA ASSSTANT CTY A TORNEY N/bH-AW~~~~l::M UNCL APPROVED BY ME ON OE ( J&S ~ci.k-. BOBBUCKHORN,MAYOR -5-

13 Planning and Development Deparlment Land DevelopmfJflt Coor6natlO ()vision Right of Way & Mapp,ng Section Development Services Canter - 2nd Floor 1400 N Boulevard Tampa, FL 60,,,.,,,._ (81) ,.,,..,. 2 Fax (81) College Football Playoff National Championship CLEAN ZONE Stadium Area Exhibit Dale : 11104/16

14 Planning and Development Depanment land Development Coordi11a1ion Division Right of way & Mapping Section DevelOpment SeMCes Center 2nd Floor 1400 N. Bovlevatd Tampa. FL 60 Phone: (81} , opt,on 2 Fax: (81) College Football Playoff National Champ i onsh i p CLEAN ZONE Downtown Are a Exhibi t 2.. Date :

15 Ptanmng and Development Department Land O.velopm~t Coordmation Ow1St0n R,ght of Way & Mapping Saction De11alopmant Sarvicas Canta, - 2nd Fbor 1400 N Boufa11ard Tampa, FL 60 Phona (81} , option 2 Fax (81} College Football Playoff National Championship CLEAN ZONE EXEMPT AREA Stadium Area Exhibit

16 j, The following locations are exempt from Clean Zone: 1. The Riverwalk 2. Water Works Park. Curtius Hixon Waterfront Park/Kiley Gardens 4. MacDill Park on the Riverwalk S. Ashley Dr. 6. USF Park. Cotanchobee Fort Brooke Park Pfanrung and OtveJopment Department Land Developmftnt Coordttlallon Ov1s1on Right of Way & Mapp,ng Sact,on Oew,topmetW Se,v,ces Cent«-. 2nd Floor 1400 N Boulevard Tampa, FL 601 Phone (81) opt,on 2 Fu (81) C o ll ege Footba ll P l ayoff Na ti ona l Ch a mp i on s h i p CLEAN ZONE EXEMPT AREA Downtown Area a E x h i b it 4 Date :

17 2 ORDNANCE NO.2016-m AN ORDNANCE OF THE CTY OF TAMPA, FLORDA, 4 MAKNG REVSONS TO CTY OF TAMPA CODE OF 5 ORDNANCES, CHAPTER 2 (ZONNG AND LAND 6 DEVELOPMENT) AMENDNG DVSON 6, STE PLAN ZONNG DSTRCT PROCEDURES, SECTON 2-16, 8 PURPOSE, SECTON 2-18, REVEW PROCEDURE, AND 9 SECTON 2-19, GENERAL REQUREMENTS; REPEALNG 10 ALL ORDNANCES OR PARTS OF ORDNANCES N l l CONFLCT THEREWTH; PROVDNG FOR 12 SEVERABLTY; PROVDNG AN EFFECTVE DATE WHEREAS, in light of recent litigation, certain clarifications and revisions to 15 the review procedures for site plan zoning districts is required; and 16 l WHEREAS, the City Council of the City of Tampa has determined that the 18 following amendment promotes and protects the general health, safety, and welfare of 19 the residents of the City of Tampa; and WHEREAS, a duly noticed public hearing as required by law was held by the 22 City Council of the City of Tampa, at which public hearing all residents and 2 interested persons were given an opportunity to be heard NOW, THEREFORE, 2 BE T ORDANED BY THE CTY COUNCL 28 OF THE CTY OF TAMPA, FLORDA: 29 0 Section 1. That "Sec Purpose." is hereby amended by adding the 1 underlined language and deleting the stricken language as follows: 2 Sec Purpose. 4 5 The purpose of this article is to provide for zoning districts that recognize unique 6 conditions, allow design flexibility, and promote planned diversification and integration of uses and structures, which other zoning districts cannot accommodate. Through this 8 process city council retains authority to establish such limitations and regulations as it 9 deems necessary to protect the public health, safety, and general welfare, with the

18 1 exception of standard technical requirements, as described in this section. The intent of 2 these site plan zoning districts is to provide standards and requirements which: (8) Promote architectural features and elements, which compliment complement the surrounding community and enhance the overall quality of the development; and, 8 Site plan districts include general guidelines and review criteria and are subject to 9 the procedures outlined in this article. Construction on property zoned under a site plan 10 district may only take place consistent with the site development plan approved by city 11 council at the time of rezoning. For purposes of this article, site plan zoning districts 12 include Planned Development (PD), refer to section 2-22; Planned Development- 1 Alternative (PD-A), refer to section tvhich is intended for large or multi phase 14 projects; RO, RO l and GN districts 1 1,1hich permit neighborhood scale office or 15 commercial near residential or infill areas; Tampa Quality Development (TQD); YC-9 16 (Ybor City), which is found in refer to Article lll, Division 2, Subdivision 2; and 1 Central Business District (CBD 2).vhich is found in Article, Division 2, 18 Subdivision SH-PD (Seminole Heights), refer to Article, Division 5, Subdivision 19-5_ Section 2. That "Sec Review procedure." is hereby amended by 22 adding the underlined language and deleting the stricken language as follows: 2 24 Sec Review procedure. 25 Applications for all site plan zoning districts, specifically, Planned Development 2 (PD), Planned Development Alternative (PD-A), Central Business District 2 (CBD 2), 28 Ybor City (YC-9), Seminole Heights Planned Development (SH-PD), and Channel 29 District-2 (CD-2), shall be submitted and processed as zoning amendments in 0 accordance with the following requirements and procedures as set forth in Article ll, 1 Div. : (2) Review materials. a. Site development plan. As required by the zoning administrator, copies of a site development plan shall be provided by the applicant for a site plan district rezoning. At a minimum, the plan shall include (unless otherwise agreed upon by the zoning administrator): 2

19 2 16. Signature lines for city council chairman, city clerk, and zoning administrator land development coordination manager d. Project narrative. A project narrative of the major planning assumptions and objectives shall be submitted with the application. At a minimum, the project narrative shall include the following: Proposed deviations from applicable regulations, including alternati., e 1 methods of providing for same and justification of the request. (Refer to section 2 19(4) for variance procedure.); +6. Unified control. All land included for purpose of development within a site plan zoning district shall be owned or under the control of the petitioner for such zoning designation, whether the petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present evidence of unified control of the entire area within the proposed site plan district and additionally state, by this rezoning application, that if development proceeds it will do so in accord with () the site development plan officially adopted for the district, and (2) such other conditions or modifications to the regulations as may be approved as part of the zoning amendment; and that the approved site development plan will bind successors in title to any commitments made with respect to this rezoning (4) Development review cemmittee and compliance (DRC) staff meeting. Any application for a site plan zoning district, together with all materials prescribed herein, shall be submitted to the zoning administrator on or before the filing deadline. The purpose of the DRC meeting shall be to advise and assist the applicant regarding the applicable regulations in order to bring the application into conformity with those applicable regulations, and/or to define any justifiable variations from the application of such regulations. (5) City council public hearing and approval. The city council, upon receipt of the consolidated report of the development reviev, committee DRC, shall hold a 1 public hearing in accordance with Article, Div.. The city council shall make a determination with regard to the appropriateness of the site plan zoning district

20 for the particular site involved and with regard to compliance with the applicable regulations. f the site development plan and the location are deemed to be acceptable and appropriate, the city council may approve, by ordinance, the petition application for a site plan zoning district. The chairman of the city council and city clerk shall date and endorse the appropriate certified site plan, and the plan shall be incorporated by reference into the ordinance and filed as a part of the official zoning records of the City of Tampa Section. That "Sec General requirements." is hereby 1 amended by adding the underlined language and deleting the stricken language as 14 follows: Sec General requirements The provisions of this section shall apply to all site plan zoning districts ~ 19 Central Business District 2 (CBD 2). Refer to l\rticle, Division 2, Subdivision for 20 the general requirements for the CBD 2 site plan zoning district. For the Channel 21 District (CD ) site plan zoning district, in addition to the general requirements set 22 forth herein, refer also to section 2 200, Development Design Approval and 2 Procedures. For the Ybor Cit;' (YC 9) Site Plan Zoning District, in addition to the 24 general requirements set forth herein, refer also to Article, Division 2, Subdivision 2 25 in this Chapter. 2 ( 1) Development standards a. Common open space. For common open space established by an adopted site development plan for a site plan district there shall be provisions which insure that open space land shall continue as such and be properly maintained. The petitioner applicant shall either (1) dedicate such land to public use if the city or another public agency indicates a desire to accept such dedication; or (2) retain ownership and responsibility for maintenance of such open space land; or () provide for and establish one ( ) or more organizations for the ownership and maintenance of all common open space. n the case of () above, each organization shall be a non-profit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization. 4

21 l c. Signage. All signs within a site plan district shall be in conformance with the sign regulations set forth under the applicable provisions of the City of Tampa Code including, without limitation, Article V, Division 6 and the regulations regarding signage contained in this chapter; however, a petition an application for a site plan district may seek a variance from the foregoing sign regulations under the following circumstances:. A variance could otherwise be legally granted under the Code in connection with the sign regulation(s) in question by another city board possessing the power to grant variances if the property was not subject to a site plan district; 2. The petitioner applicant has presented substantial and competent evidence as part of the site plan zoning record, that all of the required findings contained in section 2 80 of the Code have been satisfied evidencing that a variance is required to one ( 1) or more of the city's sign regulations because of a practical difficulty or unnecessary hardship in accordance with sections 2-80, 2-96(d), or 2-l 14(d), as applicable; and. f the grant of variance(s) requested by the petitioner applicant would result in altered sign placement, increased height, and/or an increase in the total sign copy area, amount of signage that then would otherwise be allowed under the applicable sign regulations of the city, then the petitioner applicant shall also specify the total amount of signage in state such variance(s), in detail, from the specific sign requirement(s) of Code, excess of the signage permitted by Code that will- would be allov,ed granted if the variance(s) is/are approved.,_ and the reason.(tl 1 + hy additional signage said variance(s) is/are necessary in this site plan district. Notwithstanding the foregoing authority to grant variances in a site plan district, the follo\ving variances are express!)' prohibited and cannot be granted in any site plan zoning district: no variance shall be granted for any sign prohibited by Article V, Division 6 Signs or by applicable special or overlay district, as set forth in this chapter. l. Off site advertising; 2. Nonconforming signs that are not approved as a variance; and 5

22 Any sign prohibited by section of the Code or expressly prohibited by an)' applicable O'+'erlay zoning requirements. Nonconforming signs, which are not specifically granted those variances necessary to render them conforming signs as part of a site plan zoning district, shall not be vested by approval of said site plan zoning district, and shall continue to be governed by the nonconforming sign provisions set forth in Article V, Division () Locational criteria. Refer to the Tampa Comprehensive Plan, Future Land Use Element for locational criteria guidelines. For properties located in L8DR, LOR, LMDR, l\dr, MHDR, or HDR Residential-O, -20, -5, -50, and -8 land use categories, and where the proposed use for the subject rezoning is residential office or neighborhood commercial, all such rezonings shall meet the requirements of section (4) Waivers. One (1) purpose of the site plan district is to provide design flexibility; however, certain minimum standards are deemed to be essential to the integrity of this article. Therefore, waivers to the following sections of this article and other requirements of the City of Tampa Code of Ordinances listed herein are strictly prohibited, unless expressly allowed in this article: a. Section 2-18, Site Plan Zoning District Review Procedures; and b. Section 2-19, General Requirements - (1 )(a) Common Open Space, (l)(b) Physical characteristics of the site, (l)(c) 8ignage except to the e1ltent allowed therein, and () Locational Criteria; and. Section 4. That should a court of competent jurisdiction declare any part of 1 this Ordinance unconstitutional or invalid, the remaining parts hereof shall not, in any 2 way, be affected by such determination as to the invalid part. 4 Section 5. That all ordinances or parts of ordinances in conflict herewith are 5 hereby repealed to the extent of any conflict. 6 6

23 law. Section 6. That this ordinance shall take effect immediately upon becoming a PASSED AND ORDANED BY THE CfTY COUNCL OF THE CTY OF TAMPA, FLORDA, ON OEC O ATTEST: ~~~ APPROVED AS TO LEGAL 25 SUFFCENCY BY: 2 28 /es/ 29 KRSTN M.T. MORA 0 ASSSTANT ClTY ATTORNEY 1 APPROVED BY ME ON_D_E_C_0_ 5 ZOlS /fr~ 1/pcf./u-. BOBBUCKHORN, MAYOR

24 l l 12 1 ORDNANCE NO L..fd. AN ORDNANCE REZONNG PROPERTY ln THE GENERAL VCNTY OF 109 AND 115 WEST SW ANN A VENUE AND 110 AND 112 WEST DELEON STREET, ln THE CTY OF TAMPA, FLORDA, AND MORE PARTCULARLY DESCRBED N SECTON l, FROM ZONNG DSTRCT CLASSFCA TON(S) RO- (RESDENTAL OFFCCE) AND RM- 24 (RESDENTAL, MULT-FAMLY) TO PD (PLANNED DEVELOPMENT, OFFCE, MEDCAL AND OFFCCE, BUSNESS/PROFESSONAL); PROVDNG AN EFFECTVE DATE. 14 WHEREAS, a public hearing as required by law was held in City Council 15 Chambers, Third Floor, City Hall, 15 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 NOW, THEREFORE, BE T ORDANED BY THE CTY COUNCL 22 OF THE CTY OF TAMPA, FLORDA: 2 24 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: LEGAL DESCRPTON: A), (Attached hereto and made a part hereof as Exhibit 1 which is presently zoned R0-1 (residential office) and RM-24 (residential, multi- 2 family) under City of Tampa Code Chapter 2, be changed to ZONNG DSTRCT CLASSFCATON PD (planned development, office, medical and office, 4 business/professional), as provided for in Chapter 2, City of Tampa Code, and that 5 the zoning map be amended to reflect said change on the above-described legal 6 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 8 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. 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. REZl6- V -1- /{EZl~J/

25 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 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 1 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 Section 9. That this ordinance shall take effect immediately upon 20 becoming a law PASSED AND ORDANED BY THE CTY COUNCL OF THE CTY OF 2 TAMPA, FLORDA ON DE C O ATTEST: APPROVED by me on _=.; DE=--=C'--0=--=5--=2'-"-0.C...::. 16_ 5 6 PREPARED BY AND APPROVED AS TO LEGAL SUFFCENCY: ES 45 REBECCA M. KERT 46 SENOR ASSSTANT CTY ATTORNEY 4 REZ CH / ~ CTYCO CL ~~~ if-n~ REZ16-11 V -2-

26 Application for Rezoning City of T mpa Land Dev-,rnent Coordination 1400 North Boulenrd T m.,._ FL '02 (81) (phone) AppllcatlonNumber. g.6'?14-// LEGAL DESCRPTON (use separate sheet f n;eded) MUST BE TYPED & DO NOT ABBREVATE: A portion of Lots 5 and 6, TOGETHER WTH ALL of Lots 9 and 10, CARRUTHERS SUBDVSON, as recorded in Plat Book 12, Page 89, of the Public Records of Hiftsborough County, Florida, TOGETHER WTH the South 1/2 and the East 1/2 of the North 1/2 of Lot 2, Block T, URANA SUBOMSON, as recorded in Plat Book 2, Page 84, of the Public Records of Hillsborough County, Florida, ALL being more particularly described as fomows: BEGN at the Northeast comer of said Lot 2; thence S.00 2'"E., 8.89 feet along the Easterly boundary line of said Lot 2 to the Southeast comer thereof, said point being on the Northerly right-of-way line of W. SWANN A VENUE; thence N.90 OO'OO'W., feet along said Nor1herty right-of-way line to the Southwest comer of said Lot 9; thence N.00 1'52"W., feet along the Wester1y boundary line of said Lot 9 to the Northwest comer thereof; thence N.89 54'4"E., 10.4 feet along the Norther1y boundary line of said Lot 9; thence N.00 0'01 "W., 48. feet; thence N.4 10'22"E., 9.16 feet; thence N.90 00'00"E., fee~ thence N.00 25'24"E.,.16 feet to the Southwest comer of LANDCRAFT DELEON TOWNHOMES, as recolded in Plat Book 9, Page 21, of the Public Recoros of Hillsborough County, Florida; thence S.89 50'52"E., feet along the Southerly boundary line of said LANDCRAFT DELEON TOVVNHOMES to the Southeast comer thereof, thence N.00 0'5"W., feet along the Easterly boundary line of said LANDCRAFT DELEON TOWNHOMES, said line also being the Westerly boundary line of the East 1/2 of the North 1/2 of said Lot 2 to the Southerly right-of-way line of DELEON STREET; thence S.89 56'48"E., feet along said Southerly right-of-way line, said line also being the Northerly boundary rme of said Lot 2 to the PONT OF BEGNNNG. Containing 1. 5 Acres, more or less. City of Tampa Right of Way & Mapping Section LEGAL DESCRPTON APPROVED File#: REZ-1e Atlas: 1-10 By: 8:o.4-..t..t~ Date: 0012J1201s

27 DUE TO THE SZE OF THE MAP/STE PLAN, THE MAP/STE PLAN S AVALABLE FOR REVEW N THE OFFCE OF THE CTY CLERK.

28 ORDlNANCE NO L.2l._ AN ORDNANCE REZONNG PROPERTY N THE GENERAL VCNTY OF l 0 SOUTH BRADFORD A VENUE, ln THE CTY OF TAMPA, FLORDA, AND MORE PARTCULARLY DESCRBED N SECTON 1, FROM ZONNG DSTRCT CLASSFCATON(S) RO (RESDENTAL, OFFCE) TO RO- (RESDENTAL, OFFCE); PROVDNG AN EFFECTVE DA TE. 10 WHEREAS, a public hearing as required by law was held in City Council 11 Chambers, Third Floor, City Hall, 15 East Kennedy Boulevard, in the City of 12 Tampa, Florida, relating to the rezoning of the real property described in Section 1 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code NOW, THEREFORE, 16 1 BE T ORDANED BY THE CTY COUNCL 18 OF THE CTY OF TAMPA, FLORDA: Section 1. That the Zoning District Classification upon the following 21 described real property, situate, lying and being in the City of Tampa, County of 22 Hillsborough and State of Florida, more particularly described as follows: 2 LEGAL DESCRPTON: (Attached hereto and made a part hereof as Exhibit A), which is presently zoned RO (residential, office) under City of Tampa Code Chapter 2, be changed to ZONNG DSTRCT CLASSFJCA TON 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. 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. REZ16-9 V -1-

29 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 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 O development Section. That all ordinances in conflict herewith are repealed to the 1 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. 18 That this ordinance shall take effect immediately upon Section 9. becoming a law. 25 ATTEST: PASSED AND ORDANED BY TJ-{E CTY COUNCL OF THE CTY OF TAMPA, FLORDA ON DEC O 1 2Qlti ~~~~ PREPARED BY AND APPROVED AS TO LEGAL SUFFCrENCY: ES REBECCA M. KERT SENOR ASSSTANT CTY ATTORNEY ~ = ~..,.N / H-11-A+H-flv'i-A-P..i-µ.+++-1,,ftt~ OUNCL APPROVED by me on D E_C_0_ 5_2_0 _16_ BOBBUCKHORN, MAYOR REZ16-9 REZ16-9 V -2-

30 Application for Rezoning City of Tampa Land Development Coordination 1400North Boulevard Tampa, FL 602 (81) (phone) (81) (fax) ~ A'pplication Number: _.&:U::.:::...e~~/iif-"-1'-"9' LEGAL DESCRPTON fuse stptrate sheet f needed) MUST BE TYPED & DO. NOJ ABBREVATE; THE SOUTH 1 /2 OF LOT 4 AND LOT 5, B'-OCK, SOUTHERN PNES, ACCORDNG TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 11, PAGE 18, OF THE PUBLC RECORDS OF HWBOROUGH COUNTY, FLORDA. City oftampa Right of Way & Mapping Section LEGAL DESCRPTON APPROVED File #: REZ Atlas: 1-10 By:,..._.. _ Date: 08/0/2016 EXHBT "A"

31 ORDNANCE NO /fd AN ORDCNANCE REZONCNG PROPERTY CN THE GENERAL VCNTY OF 916 WEST SEVLLA STREET, N THE CTY OF TAMPA, FLORDA, AND MORE PARTCULARLY DESCRBED CN SECTON l, FROM ZONNG DSTRCT CLASSFCATON(S) RS-60 (RESDENTAL, SCNGLE F AML Y) TO RS-50 (RESDENTAL, SNGLE-FAMLY); PROVDNG AN EFFECTVE DA TE. 11 WHEREAS, a public hearing as required by law was held in City Council 12 Chambers, Third Floor, City Hall, 15 East Kennedy Boulevard, in the City of 1 Tampa, Florida, relating to the rezoning of the real property described in Section 14 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code. 15 NOW, THEREFORE, BE T ORDANED BY THE CTY COUNCL 19 OF THE CTY OF TAMPA, FLORDA: 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 2 Hillsborough and State of Florida, more particularly described as follows: 24 LEGAL DESCRPTON: (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 ZONCNG DSTRCT CLASSFCATON 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. 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. REZl6-81 V -1-

32 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 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 l 66.0, 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 1 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. 18 Th~t this ordinance shall take effect immediately upon Section 9. becoming a law. PASSED AND ORDANED.BY Tl{E CTY COUNCL OF THE CTY OF TAMPA, FLORDA ON OE( 0 l Z01ti ATTEST: PREPARED BY AND APPROVED AS TO LEGAL SUFFCENCY: E/S REBECCA M. KERT SENOR ASSSTANT CTY ATTORNEY APPROVEDbymeon~~D_EC~ 0 _ 5~ 20_]~6 BOBBUCKHORN,MAYOR REZl6-8l REZl6-81 V -2-

33 Application for Rezoning City oftampa Land Development Coordination 1400 North Boulevard Tampa, FL 602 (81) (phone) ~ pplkatlon Number: R f Z f {J) LEGAL DESCRPTON (use separate sheet f nndtd) MUST BE TYPED & DO NOT ABBREVATE; Lots 8 and 9, Block, Virginia Terrace, according to the plat thereof as recorded n Plat Book 9, Page 54, of the Publk Records of Hiiisborough County City of Tampa Right of Way & Mapping Section LEGAL DESCRPTON APPROVED File#: AEz-1s-oooooa1 Atlas: K-s By: e, 4-M Date: 08/ EXHBT "A"

34 2 ORDNANCE NO AN ORDNANCE REZONNG PROPERTY N THE GENERAL 4 VlCNTTY OF 2404, 2406, 2410 AND 2412 WEST GRAY 5 STREET AND 405 WEST TAMP ANA A VENUE, N THE CTY 6 OF TAMPA, FLORDA, AND MORE PARTCULARLY DESCRBED N SECTON 1, FROM ZONNG DSTRCT 8 CLASSFCA TON(S) PD (PLANNED DEVELOPMENT, 9 DETACHED, SEM-DETACHED, A TT ACHED SNGLE- 10 FAMLY DWELLNG) TO RM-16 (RESDENTAL, MULT- 11 FAMLY); PROVDNG AN EFFECTVE DA TE WHEREAS, a public hearing as required by law was held in City Council 14 Chambers, Third Floor, City Hall, 15 East Kennedy Boulevard, in the City of 15 Tampa, Florida, relating to the rezoning of the real property described in Section 1 16 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code NOW, THEREFORE, BE T ORDANED BY THE CTY COUNCL 21 OF THE CTY OF TAMPA, FLORDA: 22 2 Section 1. That the Zoning District Classification upon the following 24 described real property, situate, lying and being in the City of Tampa, County of 25 Hillsborough and State of Florida, more particularly described as follows: (Attached hereto and made a part hereof as Exhibit LEGAL DESCRPTON: A), 0 which is presently zoned PD (planned development, detached, semi-detached, 1 attached single-family dwelling) under City of Tampa Code Chapter 2, be 2 changed to ZONNG DSTRCT CLASSFCATON RM-16 (residential, multi- family), as provided for in Chapter 2, City of Tampa Code, and that the zoning map 4 be amended to reflect said change on the above-described legal description and all 5 information shown thereof shall be as much a part of this ordinance as if such 6 information set forth on said zoning map of the City of Tampa was all fully described and set out herein. 8 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. 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 REZ16-8 V -1-

35 Code, as such sections relate to the actual permitting and development of the 2 rezoned site. 4 Section 5. That, pursuant to Florida Statutes Section 166.0, the 5 issuance of this approval does not in any way create any right on the part of an 6 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 8 obtain requisite approvals or fulfill the obligations imposed by a state or federal 9 agency or undertakes actions that result in a violation of state or federal law Section 6. That, pursuant to Florida Statutes Section 166.0, all other 12 applicable state or federal permits must be obtained before commencement of the 1 development Section. That all ordinances in conflict herewith are repealed to the 16 extent of any conflict Section 8. That if any part of this ordinance shall be declared 19 unconstitutional or invalid by a court of competent jurisdiction, the remaining 20 provisions shall remain in full force and effect Section 9. becoming a law. That this ordinance shall take effect immediately upon 25 PASSED AND ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA ON DEC O ATTEST: APPROVED by me on DEC O PREPARED BY AND APPROVED AS TO LEGAL SUFFCENCY: ES REBECCA M. KERT SENOR ASSST ANT CTY ATTORNEY BOBBUCKHORN, MAYOR REZ16-8 REZl6-8 V -2-

36 Application for Rezoning J Application Number: REZ City of Tampa Land Development Coordination 1400 North Boulevard Tampa, FL 602 (81) (phone) LEGAL DESCRPTON (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVATE: Lots,4,5,6 and, Block 10, REVSED MAP OF TERRA NOVA, according to the map or plat thereof, as recorded in Plat Book, Page 28, of the Public Records of Hillsborough County, Florida. City of Tampa Right of Way & Mapping Section LEGAL DESCRPTON APPROVED File#: REz Atlas: 1-10 By:,..._, ~ Date: OB s EXHBT " A"

37 ORDNANCE NO /~.;/ AN ORDlNANCE REZONNG PROPERTY [N THE GENERAL VCNTY OF 5018 EAST OLD COLUMBUS DRVE AND 5011, 501, 5015 AND 5021 EAST 1rn AVENUE, [N THE CTY OF TAMPA, FLORDA, AND MORE PARTCULARLY DESCRBED [N SECTON l, FROM ZONNG DSTRCT CLASSFCA TON(S) RS-50 (RESDENTAL, SNGLE F AML Y) AND CG (COMMERCAL GENERAL) TO Cl (COMMERCAL NTENSVE); PROVDNG AN EFFECTVE DATE. 1 WHEREAS, a public hearing as required by law was held in City Council 14 Chambers, Third Floor, City Hall, 15 East Kennedy Boulevard, in the City of 15 Tampa, Florida, relating to the rezoning of the real property described in Section 16 of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code NOW, THEREFORE, BE T ORDANED BY THE CTY COUNCL 21 OF THE CTY OF TAMPA, FLORDA: 22 2 Section 1. That the Zoning District Classification upon the following 24 described real property, situate, lying and being in the City of Tampa, County of 25 Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRPTON: A), (Attached hereto and made a part hereof as Exhibit 0 which is presently zoned RS-50 (residential, single-family) and CG (commercial 1 general) under City of Tampa Code Chapter 2, be changed to ZONNG DSTRCT 2 CLASSFCATON C (commercial intensive), as provided for in Chapter 2, City of Tampa Code, and that the zoning map be amended to reflect said change on the 4 above-described legal description and all information shown thereof shall be as 5 much a part of this ordinance as if such information set forth on said zoning map of 6 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. 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 REZ16-85 V -1-

38 Code, as such sections relate to the actual permitting and development of the 2 rezoned site. 4 Section 5. That, pursuant to Florida Statutes Section 166.0, the 5 issuance of this approval does not in any way create any right on the part of an 6 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 8 obtain requisite approvals or fulfill the obligations imposed by a state or federal 9 agency or undertakes actions that result in a violation of state or federal law Section 6. That, pursuant to Florida Statutes Section 166.0, all other 12 applicable state or federal permits must be obtained before commencement of the 1 development Section. That all ordinances in conflict herewith are repealed to the 16 extent of any conflict Section 8. That if any part of this ordinance shall be declared 19 unconstitutional or invalid by a court of competent jurisdiction, the remaining 20 provisions shall remain in full force and effect. 21 That this ordinance shall take effect immediately upon Section 9. becoming a law. 25 PASSED AND ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA ON DEC O ATTEST: PREPARED BY AND APPROVED AS TO LEGAL SUFFCENCY: E/S REBECCA M. KERT SENOR ASSSTANT CTY ATTORNEY APPROVED by me on _ BOBBUCKHORN, MAYOR O::c...:E=-=Cc...:0::... :::_5-=2:..=.._01=----=--6- REZ16-85 REZl6-85 V -2-

39 Application for Rezoning City oftampa Land Development Coordination 1400 North Boulevard Tampa FL 60 (81) (81) fax j AppiiealiOn Number: REZ LEGAL DESCRPTON (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVATE Lot 5 and the north 1/2 of closed alley abutting thereof, and Lots 1, 18, 19, 20, 21 and 22, together with the South 1/2 of closed alley abutting on the North boundary of said Lots, less street right-of-way of FLORENCE VLLA SUBDVSON, according to the plat thereof as recorded in Plat Book 14, Page 1, Public Records of Hillsborough County, Florida. and The West 0 feet of Lot 6 and the North 1/2 of a vacated alley, abutting the west 0 feet thereof and the East 20 feet of Lot 6, and (that part of vacated alley as per O.R. Book 11, Page 01) FLORENCE VLLA SUBDVSON, according to plat recorded in Plat Book 14, Page 1, Public Records of Hillsborough County, Florida. City of Tampa Right of Way & Mapping Section LEGAL DESCRPTON APPROVED File#: REz-,s--OllOooes Atlas: G-1s By: e:.o1.....<!..er:<:' Date: 09/21120,a EXHBT " A"

40 ORDNANCEN /f15 AN ORDNANCE APPROVNG A SPECAL USE PERMT (S-2); APPROVNG A RESTAURANT WTH A DRVE-N WNDOW N A PD-A (PLANNED DEVELOPMENT, ALTERNATVE) ZONNG DSTRCT N THE GENERAL VCNTY OF 6441 EAST COUNTY LlNE ROAD, N THE CTY OF TAMPA, FLORDA, AND AS MORE PARTCULARLY DESCRBED ln SECTON HEREOF; PROVDNG AN EFFECTVE DA TE. 11 WHEREAS, pursuant to City of Tampa ("Tampa") Code Section 2-12 l 2(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 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 1 Chambers, Third Floor, City Hall, 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 2, City of Tampa 20 Code NOW, THEREFORE, BE T ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA: Section 1. That a Special Use Permit (S-2) for the real estate situate, 0 lying and being in the City of Tampa, and as more particularly described as follows: 1 2 LEGAL DESCRPTON: (Attached hereto and made a part hereof as Exhibit 4 A), 5 is hereby approved to allow a restaurant with a drive-in window, in a PD-A (planned 6 development, alternative) zoning district. 8 Section 2. That said Special Use Permit (S-2) and all construction and 9 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. 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 SU Vl -1- lj J -J&-f~

41 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 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 1 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 18 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 2 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 28 applicable state or federal permits must be obtained before commencement of the 29 development. 0 1 Section 9. That all ordinances or parts of ordinances in conflict herewith 2 be, and the same are hereby repealed. 4 Section 10. That if any part of this ordinance shall be declared 5 unconstitutional or invalid by a court of competent jurisdiction, the remaining 6 provisions, at the City of Tampa's election, shall remain in full force and effect SU V -2-

42 Section 11. That this ordinance shall take effect immediately upon 2 becoming a law. 4 5 PASSED AND ORDANED BY THE CTY COUNClL OF THE CTY OF 6 TAMPA, FLORDA ON DEC O 1 2Q ATTEST: APPROVED by me on D E_C_0_ 5_2_0 l_6_ PREPARED BY AND APPROVED 28 AS TO LEGAL SUFFCENCY: ES REBECCA M. KERT 4 SENOR ASSST ANT CTY ATTORNEY SU2-l 6-l 5 SU V --

43 Application Number: SU LEGAL DESCRPTON Lot C, Cypress of Tampa Phase, a subdivision according to the plat thereof, recorded in Plat Book 125, Page, Public Records of Hillsborough County, Florida. City of Tampa Right of Way & Mapping Section LEGAL DESCRPTON APPROVED File #: su2-1s s Atlas: oo-1a By: ew-..c!. L,...c Date: 0112s1w1a EXHBT "A"

44 DUE TO THE SZE OF THE MAP/STE PLAN, THE MAP/STE PLAN S AVALABLE FOR REVEW N THE OFFCE OF THE CTY CLERK.

45 ORDNANCE NO /_9& AN ORDNANCE APPROVNG A SPECAL USE PERMT (S-2); APPROVNG AR CONDlTONED STORAGE N A PD-A (PLANNED DEVELOPMENT, ALTERNATVE) ZONNG DSTRCT N THE GENERAL VCNTY OF 2009 AND 2015 TROUT CREEK DRVE, N THE CTY OF TAMPA, FLORDA, AND AS MORE PARTCULARLY DESCRBED N SECTON 1 HEREOF; PROVDNG AN EFFECTVE 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, 15 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section l of this ordinance under the terms and provisions of Chapter 2, City of Tampa Code. NOW, THEREFORE, BE T ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA: Section 1. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRPTON: A), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow air conditioned storage, in a PD-A (planned development, alternative) zoning district. Section 2. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section. 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. SU V -1- su().-jt-ju

46 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 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 1 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 18 required regulations and standards of Chapter 2, City of Tampa Code Section. That, pursuant to Florida Statutes Section 166.0, 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 2 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 28 applicable state or federal permits must be obtained before commencement of the 29 development. 0 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 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. SU V -2-

47 Section 11. That this ordinance shall take effect immediately upon 2 becoming a law. 4 5 PASSED AND ORDANED BY THE CTY COUNCCL OF THE CTY OF 6 TAMPA, FLORDA ON DEC O ATTEST: BOBBUCKHORN, MAYOR 25 2 PREPARED BY AND APPROVED 28 AS TO LEGAL SUFFCCCENCY: E/S REBECCA M. KERT 4 SENOR ASSSTANT CTY ATTORNEY SU APPROVED by me on O_E_C_0_ 5_2_01_6 SU V --

48 Application for Special Use -2 General Request City of Tampa LMld Development CoordlnaUon 1400 North Boulevard Tampa FL 60 (81) / Appication Number: SU LEGAL DESCRPTON (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVATE LOTS 4 AND 6, CYPRESS OF TAMPA, ACCORDNG TO THE MAP OR PLAT THEREOF, AS RECORDED N PLAT BOOK 116, PAGES , NCLUSVE OF THE PUBLC RECORDS OF HLLSBOROUGH COUNTY, FLORDA City of Tampa., r--r 1111 ig_h_t o_f_w_a_y_&_m_ap 1111 p-in _s_e_c_tio_n_ 1 LEGAL DESCRPTON APPROVED File#: su2-1e s Atlas: GG-10 By: ~..t...t~ Date: 0112s1201s EXHBT "A"

49 DUE TO THE SZE OF THE MAP/STE PLAN, THE MAP/STE PLAN S AVALABLE FOR REVEW N THE OFFCE OF THE CTY CLERK.

50 After Recording, Return to: City oftampa Office of t he City Clerk 15 East Kennedy Blvd Old City Hall, rd Floor Tampa, Florida 602 Ref: VAC1-01 ORDNANCE NO /1 AN ORDNANCE VACATNG, CLOSNG, DSCONTNUNG AND ABANDONNG ALLEYWAY LYNG SOUTH OF NDANA AVENUE, NORTH OF OHO AVENUE, EAST OF ARLNGTON AVENUE AND WEST OF FLORDA AVENUE, N MAP OF ARLNGTON HEGHTS, A SUBDVSON N THE CTY OF TAMPA, HLLSBOROUGH COUNTY, FLORDA, THE SAME BENG MORE FULLY DESCRBED N SECTON 1 HEREOF, SUBJECT TO CERTAN EASEMENT RESERVATONS, COVENANTS, CONDTONS AND RESTRCTONS MORE PARTCULARLY SET FORTH HEREN; PROVDNG AN EFFECTVE DATE. WHEREAS, a petition under City Clerk file number VAC1-01 has been submitted by Matthew A. Sienk (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> T ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA: 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 reservations: a. Permanent City of Tampa Wastewater Easement: A permanent, non-exclusive easement in, on, under, over and across the entire length and width of the rightof-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 sanitary sewer facilities and all appurtenances thereto. Said Permanent Wastewater Easement is reserved for sanitary sewer 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. n connection with any repair, maintenance or reconstruction activities conducted by the City of Tampa on or in the land subject to this easement, the City of Tampa shall only be

51 l required to return any excavated areas to finish grade and restore any paving 2 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 4 responsibility to restore any private structures, buildings, improvements or 5 landscaping disturbed or damaged as a result of such construction, repair, 6 maintenance or reconstruction activities. No improvements or structures, permanent or temporary (other than pavement and curbing), shall be constructed 8 and no landscaping (other than grass and low shrubbery) shall be installed on the 9 land subject to this easement without the prior written consent of the Director of l O the City of Tampa, Department of Wastewater. For so long as this easement is in 11 effect, construction plans for any proposed improvements within the vacated 12 right-of-way must be submitted to the City of Tampa, Wastewater Department for 1 approval prior to construction. Said plans must show the existing pipe and 14 proposed improvements b. Permanent Brighthouse (Charter Communications) Easement: A permanent, non- 1 exclusive easement in, on, under, over and across the entire length and width of 18 the right-of-way vacated hereby as described in Exhibit "'A" attached hereto and 19 incorporated herein by this reference (" Permanent Brighthouse (Charter 20 Communications) Easement") for the use and benefit of Brighthouse (Charter 2 1 Communications), and its respective successors or assigns for the installation, 22 operation, repair, reconstruction and maintenance of and access to cable 2 television and communication facilities. This easement shall include full right of 24 ingress and egress thereto and over, across, under and through the Permanent 25 Brighthouse (Charter Communications) Easement. Unless otherwise agreed to by the Petitioners and Charter Communications, any relocation of Brighthouse 2 (Charter Communications) facilities at the request of Petitioners shall be at the 28 sole cost and expense of Petitioners. No improvements or buildings, permanent 29 or temporary (other than pavement and curbing), shall be constructed and no 0 landscaping (other than grass and low shrubbery) shall be installed on the land 1 subject to this easement without the prior written consent of Brighthouse 2 (Charter Communications). 4 Section 2. Release of Easement: The easements reserved herein may be 5 released by the City of Tampa, or by submitting a request for Release of Easement with the 6 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 8 by law. The City shall review any properly submitted request for Release of Easement, but 9 shall only grant the release upon an affirmative conclusive determination by the City that the 40 easement is no longer required for the reserved purpose. A Release of Easement shall be 41 evidenced by recording in the Office of the Clerk of the Circuit Court of Hillsborough County, 42 Florida Section. Title to Underlying Real Property: That if the City of Tampa holds fee 45 title to any real property underlying the right-of-way described in Exhibit "'A" attached hereto, 46 the vacation of the right-of-way shall not affect the status of that title. Any transfer of the 4 City's fee interest in the right-of-way vacated hereby must be negotiated through the City of 48 Tampa 's Real Estate Division in accordance with the City of Tampa's Land Disposition Policy 49 as the same may be amended from time to time Section 4. Compliance with City of Tampa Landscaping, Tree Removal and Site 52 Clearing Ordinance: That all development of the right-of-way parcel vacated hereby is at all 2

52 times subject to compliance with City of Tampa Code of Ordinances, Chapters 1 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. n the event that Petitioner fails to comply with these Ordinance conditions as provided herein, then this Ordinance shall be deemed null and void and the Petitioner shall, at its sole cost and expense, restore the right-of-way to the same condition that existed at the time of the vacation 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 PASSED AN~ ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA, ON DEC O 1 2U1 b. ATTEST: Approved as to Form: E/S JULE HARDY ASSSTANT CTY ATTORNEY K:\Julie Hardy\Right of Way - Mapping\VACATONS\ Ordinance_VAC1-01.doc APPROVED by me on DECO ~s&c~~ BOB BUCKHORN, MAYOR

53 ALL THAT ALLEYWAY LYNG N BLOCK 11, MAP OF ARLNGTON HEGHTS, A SUBDVSON AS MAP OR PLAT THEREOF S RECORDED N PLAT BOOK 2, PAGE 4 OF THE PUBLC RECORDS OF HLLSBOROUGH COUNTY, FLORDA. Exhibit "A" City of Tampa Right of Way & Mapping Section LEGAL DESCRPTON APPROVED File#: vac Atlas: G-12 By: ~L. L,p,d Date:

54 After Recording, Return to: City of Tampa Office of the City Clerk 15 East Kennedy Blvd Old City Hall, rd Floor Tampa, Florida 602 Ref: VAC1--02 ORDNANCE NO /?? AN ORDNANCE VACATNG, CLOSNG, DSCONTNUNG AND ABANDONNG ALLEYWAY LYNG SOUTH OF WYOMNG AVENUE, NORTH OF NTERBAY BOULEVARD, EAST OF 2ND STREET AND WEST OF 1ST STREET, N SOUTHSDE, A SUBDVSON N THE CTY OF TAMPA, HLLSBOROUGH COUNTY, FLORDA, THE SAME BENG MORE FULLY DESCRBED N SECTON 1 HEREOF, SUBJECT TO CERTAN EASEMENT RESERVATON, COVENANTS, CONDTONS AND RESTRCTONS MORE PARTCULARLY SET FORTH HEREN; PROVDNG AN EFFECTVE DATE. WHEREAS, a petition under City Clerk file number VAC1-02 has been submitted by Sarah 0. Leduc (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 T ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA: 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: Permanent Frontier Easement: A permanent, non-exclusive 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 for the use and benefit of Frontier and its successors or assigns for the installation, operation, repair, reconstruction and maintenance of and access to telecommunication facilities ("Permanent Frontier Easement"). Said Permanent Frontier Easement is reserved for facilities either principally used for, or appurtenant to, furnishing telecommunication services installed or located on, beneath or above the surface of the land subject to this Permanent Frontier Easement, and shall include full right of ingress and egress thereto and over, across, under and through the Permanent Frontier Easement. Unless otherwise agreed to by the Petitioners and Frontier, any relocation of Frontier facilities at the request of Petitioners shall be at the sole cost and expense of Petitioners. No improvements or buildings, permanent or ///C -t:1 Z

55 l temporary (other than pavement and curbing), shall be constructed and no landscaping 2 (other than grass and low shrubbery) shall be installed on the land subject to this easement without the prior written consent of Frontier. 4 5 Section 2. Release of Easement: The easement reserved herein may be 6 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 8 the City of Tampa Planning and Development Department, or as may otherwise be provided 9 by law. The City shall review any properly submitted request for Release of Easement, but l O shall only grant the release upon an affirmative conclusive determination by the City that the 11 easement is no longer required for the reserved purpose. A Release of Easement shall be 12 evidenced by recording in the Office of the Clerk of the Circuit Court of Hillsborough County, 1 Florida Section. Title to Underlying Real Property: That if the City of Tampa holds fee 16 title to any real property underlying the right-of-way described in Exhibit "A" attached hereto, 1 the vacation of the right-of-way shall not affect the status of that title. Any transfer of the 18 City's fee interest in ~he right-of-way vacated hereby must be negotiated through the City of 19 Tampa 's Real Estate Division in accordance with the City of Tampa 's Land Disposition Policy 20 as the same may be amended from time to time Section 4. Compliance with City of Tampa Landscaping, Tree Removal and Site 2 Clearing Ord inance: That all development of the right-of-way parcel vacated hereby is at all 24 times subject to compliance with City of Tampa Code of Ordinances, Chapters 1 and 2, 25 Landscaping, Tree Removal and Site Clearing, as may be amended from time to time. 2 Section 5. Compliance with Conditions: That the vacation of the right-of-way 28 described in Exhibit "A" attached hereto is expressly conditioned upon the compliance with 29 and fulfillment of all terms and conditions contained herein, which terms and conditions 0 shall be deemed covenants running with the land. n the event that Petitioner fails to comply 1 with these Ordinance conditions as provided herein, then this Ordinance shall be deemed 2 null and void and the Petitioner shall, at its sole cost and expense, restore the right-of-way to the same condition that existed at the time of the vacation of said right-of-way. 4 5 Section 6. Severability: That if any part of this ordinance shall be declared 6 unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. 8 9 Section. Recording: That the City Clerk shall record a copy of this Ordinance in 40 the Office of the Clerk of the Circuit Court of Hillsborough County, Florida

56 l Section 8. upon becoming a law. ATEST: Effective Date: That this Ordinance shall take effect immediately PASSED AND ORDANED BY THE CTY COUNCL OF THE CTY OF TAMPA, FLORDA, ON DEC D Approved as to Form: E/S JULE HARDY ASSSTANT CTY ATORNEY APPROVED by me on K:\)ulie Hardy\ Right of Way- Mapping\VACATONS\VAC1-02\ 0rdinance_VAC1-02.doc DECO

57 All that alleyway lying in Block 8, SOUTHSDE, a subdivision as officially renamed per City of Tampa Ordinance Number , as recorded in Official Record Book 1058, Pages , of the public records of Hillsborough County, Florida, said Southside originally recorded under another name, in Plat Book 9, Page 18 of the public records of Hillsborough County, Florida, and was renamed by Tampa City Council pursuant to Florida Statute Exhibit "A" City of Tampa Right of Way & Mapping Section LEGAL DESCRPTON APPROVED File #: vac Atlas: M-1 0 By: ~~.11. L,-.d Date: