ORDINANCE NO $2

Transcription

1 After Recording, Return to: City of Tampa Ofice of the City Clerk 315 East Kennedy Blvd Old City Hall, 3d Floor Tampa, Florida Tel: Ref: C08-12 ORDINANCE NO $2 AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING A CERTAIN RIGHT-OF-WAY (A PORTION OF ALLEYWAY LYING SOUTH OF MARTIN LUTHER KING JR. BOULEVARD, NORTH OF VIRGINIA AVENUE, EAST OF NORTH BOULEVARD AND WEST OF CLEARFIELD AVENUE) IN A SUBDIVISION OF BLOCK 5, WEST ARLINGTON HEIGHTS, A SUBDIVISION IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA; THE SAME BEING MORE FULLY DESCRIBED IN SECTION 2 HEREOF; RESERVING CERTAIN EASEMENTS AND CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number C08-12 has been submitted by Akshar Dham of Tampa, Inc., (hereinafter "Petitioner") asking that certain right-of-way described in Section 2 hereof be vacated, closed, discontinued and abandoned; and WHEREAS, City Council, having duly held two public hearings and having been presented with competent and substantial evidence on the merits of the petition, finds that vacating of the subject right-of-way, with conditions set forth below, is in the general public interest and that all requirements provided by law have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. Recitals: That the recitals above be and the same are hereby incorporated as if fully set forth herein. Section 2. described as follows: Vacation; Legal Description: That certain right-of-way more particularly Legal description is attached hereto as Exhibit "A" and by reference made a part hereof, be and the same is hereby vacated, closed, discontinued and abandoned, and that the right of the public in and to same are hereby renounced, released, and disclaimed, subject, however, to the following easement reservations: a. Permanent Wastewater 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

2 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. In 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 required to return any excavated areas to finish grade and restore any paving disturbed to the quality of pavement that meets the minimum standards of the City of Tampa for public right-of-way. The City of Tampa shall have no responsibility to restore any private structures, buildings, improvements or landscaping disturbed or damaged as a result of such construction, repair, maintenance or reconstruction activities. No improvements or buildings, permanent or temporary (other than pavement and curbing), shall be constructed and no landscaping (other than grass and low shrubbery) shall be installed on the land subject to this easement without the prior written consent of the Director of the City of Tampa, Department of Wastewater. Section 3. Procedure for Release of Easements: The easements reserved herein may be released by the City of Tampa by submitting a request for Release of Easement with the City in such manner as prescribed by the City of Tampa Code of Ordinances, or as may otherwise be provided by law. The City shall review any properly submitted request for Release of Easement, but shall only grant the Release upon an affirmative conclusive determination by the City that the Easement is no longer required for the reserved purpose. Section 4. Additional Conditions; Effective Date of Vacation of Right-of-way; Covenants Running with the Land: The vacation of said right-of-way is expressly conditioned upon the compliance with and fulfillment of all terms and conditions contained herein, which terms and conditions shall be deemed covenants running with the land. The vacation of the rightof-way described in Exhibit "A" to this Ordinance shall not become effective and the right-ofway shall not be deemed to be vacated until all of the conditions to the vacation have been complied with. Until the conditions set forth herein are satisfied, the rights of way identified in Exhibit "A" shall remain public right-of-way. The vacation of said right-of-way is expressly conditioned upon the compliance with and hlfillment of all terms and conditions contained herein including, a) Petitioner, at Petitioner's sole cost and expense, shall remove all City of Tampa Wastewater Department facilities in that area described in Exhibit "A". b) Petitioner, at Petitioner's sole cost and expense, shall relocate all City of Tampa Wastewater Department facilities in that area described in Exhibit "A" in a manner acceptable to the City of Tampa Wastewater Department; C) Petitioner, at Petitioner's sole cost and expense shall design and construct new wastewater facilities to City of Tampa standards, in a manner acceptable to the City of Tampa Wastewater Department and subject to approval of the City of Tampa Wastewater Department. Construction plans for the wastewater

3 facilities shall be submitted and approved by the City of Tampa Wastewater Department prior to commencing construction; d) Petitioner, at Petitioner's sole cost and expense and in a form satisfactory to the City Attorney, shall grant and record a permanent easement agreement for the location of the new wastewater facilities. Said permanent easement agreement shall have the same terms and conditions set forth in Section 2(a), of this Ordinance. The location and alignment of said easement shall be approved by the City of Tampa Wastewater Department and shall be a minimum of 16-feet wide. Petitioner shall provide copies of said easement agreement to the Department of Growth Management Development Services, City of Tampa, Right-of-way Division with copies to the City Attorney; e) Petitioner shall obtain any and all appropriate permits as required for the activities described in this Section. f) Thereafter, Petitioner may submit a request for Release of Easement as set forth in Section 3 of this Ordinance. However, prior to the granting of the Release of Easement, the new easement as described in Section 4(d) must be granted to the City, the construction of the relocated wastewater facilities must be completed and must successfully pass all inspections and testing required by state and local law, and comply with final permitting requirements. g) The instruments required by this Section shall make express reference to this Ordinance and include same as an Exhibit thereto. Reference to this Ordinance in said instruments is for historical informational purposes. h) Petitioner shall have two (2) years from the effective date of this Ordinance to comply with the conditions above. If the conditions are not satisfied within this compliance period, then this ordinance shall expire and be deemed null and void. The City of Tampa Transportation Manager may authorize a onetime one (1) year extension of the aforementioned compliance period upon written request by the Petitioner so long as said request is submitted prior to expiration of the initial two (2) year compliance period. Section 5. Brick Preservation; Removal: That if any of the rights of way vacated hereby consist of vitrified brick and granite curbing, then such vitrified brick roads and granite curbing shall remain unaltered unless removal or replacement of the vitrified brick roads and granite curbing are approved pursuant to procedure set forth in the City of Tampa's Transportation Technical Manual, as may be amended from time to time, for public rights of way. If the removal of any vitrified brick and granite curbing are allowed from any of the vacated rights of way, then the party causing said bricks to be removed shall provide, and cause to be delivered, all such vitrified bricks and granite curbing to the City of Tampa, Department of Public Works, Transportation Division (Street Maintenance), for future use by the City of Tampa. Such vitrified bricks and granite curbing shall be palletized prior to delivery by the Petitioner at the Petitioner's sole cost and expense. The City of Tampa Transportation Manager or designee shall be the point of contact for all matters regarding this condition. Section 6. Compliance with 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, Chapter 13, City of Tampa

4 Landscaping, Tree Removal and Site Clearing Ordinance the City of Tampa, as may be amended from time to time. Section 7. Title to Underlying Real Property: That the vacation of the right-of-way described in Exhibit "A" attached hereto shall not affect the status of title to that portion of the vacated right-of-way owned by the City of Tampa in fee, if applicable. Any transfer of the City of Tampa's fee interest in the right-of-way vacated hereby must be negotiated through the City of Tampa's Real Estate Division in accordance with the City of Tampa's Land Disposition Policy as the same may be amended from time to time. Section 8. Compliance: That the vacation of the right of way described in Exhibit "A" hereto pursuant to this Ordinance 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. Section 9. 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 10. Recording: That the City Clerk shall certify and record a copy of this Ordinance in the Office of the Clerk of the Circuit Court of Hillsborough County, Florida. Section 11. Effective Date: this Ordinance shall take effect immediately upon execution by the Mayor. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON JUN ATTEST: CITY COUNCIL: APPROVED by me on JUN Prepared by: PAM IORIO, MAYOR JULIE KABOUGERIS, ESQ. ASSISTANT CITY ATTORNEY K:Uulie Kabougeris\ORDINANCES\C Akshar Dham of Tampa. 1.doc- Akshar Dham of Tampa

5 All that portion of alleyway lying North of and abutting the North boundary of Lot 7, South of and abutting thc South boundary of Lots 4-6, and West of and abutting the Northerly extension of the West boundary of said Lot 7, all in Block 5 of A SUB. OF BLOCK 5, WST ARLINGTON HEIGHTS, ar, map a plat thereof is recorded in Plat Book 7, Page 64, of the public mrds of Hillsborough County, Florida, LESS the West 5.00 feet thereof. Exhibit "A"

6 ORDINANCE NO. AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3912, 3915 AND 3917 NORTH BOULEVARD AND 642 WEST DR. MARTIN LUTHER KING JR. BOULEVARD, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RS-50 (RESIDENTIAL SINGLE-FAMILY) AND CG (COMMERCIAL GENERAL) TO PD (PLANNED DEVELOPMENT, RETAIL SALES, SHOPPER'S GOODS AND SPECIALTY GOODS); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real property described in Section I of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following 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 DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit which is presently zoned RS-50 (residential single-family) and CG (commercial general) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, retail sales, shopper's goods and specialty goods), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. Section 2. That 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. Section 3. That approval of this rezoning shall not release the PetitionedOwner 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 PetitionerIOwner from meeting all other applicable sections of the City of Tampa

7 Code, as such sections relate to the actual permitting and development of the rezoned site. Section 5. extent of any conflict. That all ordinances in conflict herewith are repealed to the Section6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND 0 TAMPA, FLORIDA ON E CITY COUNCIL OF THE CITY OF ATTEST: CITY COUNCIL APPROVED by me on JUN PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: PAM IORIO, MAYOR EIS JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

8 Petition to Rezone City of Tampa land omdopmmat Coordhrtkn 306 last J8cluon Stmet 3E Tame& FL Oesation (useate sheet if needed) - MUST BE NPED & 00 NOT =VIAT& r LOTS 45,6,7,8 AND 9, A SUBDIVISION OF BLOCK 5, WEST ARLINGTON HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED I# PLAT BOOK 7, PAGE 64, OF THE PUBLIC RECORDS OF HllLSBOROUGH COUNTY, FLORIDA; LESS THE WEST 5 FEET OF LOTS TAKEN BY SUIT NO (IN OFFICIAL RECORD BOOK PAGE 59), LESS THE WEST s FEET OF LOT 7, WED TOO cm OF TAMPA IN OFFICIAL RECORD BOOK 385, PAGE 342 AND ALSO LESS THAT PART OF LOT 4 DEEDED TO THE ClTV OF TAMPA IN OFFKIAL RECORD BOOK 7831, PAGE 1774 FOR ROAD PURPOSES. LOT 10 LESS THE WEST 5 FEETFOR ROAD, A SUBDMSION OF BLOCK 5, WEST ARUNGIDN HEIGHTS, ACCORDING TOTHE PLAT THEREOF ON FILE IN THE OFFKE OF THE CLERK OF THE CIRCUIT COURT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 7, PAGE 64. SAID LANDS SITUATE, LYING AND BEING IN HILLSBOROUGH COUNTY, FWUJDA. AND THE PLATED ALLEY ABUmNG THE NORTH LINE OF LOT 7, SAID BLOCK 5. EXHIBIT "A"

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 st' AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, APPROVING THE SIXTH AMENDMENT TO THE DEVELOPMENT ORDER FOR THE TAMPA BAY CENTER DEVELOPMENT OF REGIONAL IMPACT, DRI #16, A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT, RENDERED PURSUANT TO CHAPTER 380, FLORIDA STATUTES, IN RESPONSE TO A NOTIFICATION OF PROPOSED CHANGE FILED BY BUCCANEERS FOOTBALL STADIUM LIMITED PARTNERSHIP; PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, on March 5, 1974, the City of Tampa ("City") adopted Resolution No F (the "Original Development Order"), which is the Original Development Order issued by the City pursuant to Chapter 380, Florida Statutes, for the Tampa Bay Center Development of Regional Impact ("DRI"); and WHEREAS, on September 30, 1975, the City adopted Resolution No F, as the First Amendment to the Original Development Order (the "First Amendment"); and WHEREAS, on May 11, 1978, the City adopted Ordinance No A (the "Second Amendment"); and WHEREAS, on June 12, 1979, the City adopted Resolution No G (the "Third Amendment"); and WHEREAS, on November 30, 1989, the City adopted Ordinance No which denied the requested Fourth Amendment to the Original Development Order that proposed an entrancelexit onto MacDill Avenue along the eastern boundary of the property; and WHEREAS, on August 22, 2002, the City adopted Ordinance No (the "Fourth Amendment"); and WHEREAS, on September 20, 2004, the City adopted Ordinance No (the "Fifth Amendment") (hereinafter, the Original Development Order, together with the First, Second, Third, Fourth and Fifth Amendments shall collectively be referred to as the "Amended Development Order"); and WHEREAS, Tampa Bay Mall Limited Partnership, First Allied Development Partners, LP and Jesuit High School of Tampa, Inc. (flkla St. Louis Catholic Benevolence and Educational Association, Inc.) are the owners of the subject DRI property (the "Owners") more particularly described in the legal description attached hereto as Exhibit 1 (the "Property1'), and Buccaneers Football Stadium Limited

11 Partnership (the "Developer") is the applicant of the subject Notification of Proposed Change; and WHEREAS, following adoption of the Fifth Amendment, the Developer utilized the trade-off mechanism approved in the Fifth Amendment and traded 109,700 square feet of retail entitlements in exchange for 158,500 square feet of office entitlements in order to develop the Developer's Corporate Headquarters and Training Facility; and WHEREAS, on March 26, 2009, the Developer filed the Notification of Proposed Change to a Previously Approved Development of Regional Impact Subsection 38O.O6(19), Florida Statutes, for the Property (the "NOPC"), attached hereto as Composite Exhibit 2; and WHEREAS, the NOPC proposes that the annual summer training camp on the Property be open to the public (the "Proposed Change"); and WHEREAS, the Proposed Change to the Amended Development Order will constitute the Sixth Amendment to the Development Order; and WHEREAS, the City Council has reviewed and considered the NOPC at a properly noticed public hearing as well as all related testimony and evidence submitted by the Developer concerning the Proposed Change; and WHEREAS, the City Council, as the governing body of the local government having jurisdiction pursuant to Chapter 380, Florida Statutes, requires that a development order be amended to reflect the City Council's approval of changes to an adopted development order; NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA: Section 1. Findinns of Fact. That City Council, having received the above referenced documents, and having received all related comments, testimony and evidence submitted by all persons and members of the general public, and having considered the provisions of Chapter 380, Florida Statutes, concerning substantial deviations, finds that there is substantial, competent, clear and convincing evidence to support the following findings of fact: A. That the Developer submitted to the City the NOPC and which is incorporated herein by reference as Com~osite Exhibit 2;

12 B. That a comprehensive review of the impacts generated by the Proposed Change has been conducted by the City's Departments, and coordinated with other DRI reviewing agencies, including but not limited to the Tampa Bay Regional Planning Council ("TBRPC"), and the Department of Community Affairs ("DCA"); and C. That the Proposed Change is consistent with all local land development regulations and the local comprehensive plan; and D. That the Proposed Change does not unreasonably interfere with achievement of the objectives of the adopted State Land Development Plan applicable to the area and is consistent with the State Comprehensive Plan; and E. That the Proposed Change is consistent with the recommendations of the Tampa Bay Regional Planning Council; and F. That the Proposed Change does not individually or cumulatively create additional regional impacts on transportation or other public facilities nor does it create impacts that were not previously reviewed, nor meet or exceed any of the criteria set forth in Subsection (19)(b), Florida Statutes, and as such no further development of regional impact review is necessary. Section 2. Conclusions of Law. That the City Council having made the above findings of fact, renders the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable law and regulations and based upon the record of these proceedings, the Developer is authorized to conduct the development as described in the Amended Development Order, subject only to the amendments, conditions, restrictions and limitations set forth herein; and B. That the review by the City, TBRPC, DCA, and other participating agencies and interested citizens concludes that the impacts of the Proposed Change is adequately addressed pursuant to the requirements of Chapter 380, Florida Statutes; and C. That the City has, at its proceedings, considered all previous changes and the Proposed Change and determined that such changes do not individually or cumulatively constitute a substantial deviation requiring further DRI review pursuant to Section , Florida Statutes; D. That this Ordinance does not constitute a substantial deviation from the Amended Development Order, as defined in Chapter 380, Florida Statutes,

13 and nothing herein shall limit or modify the protection afforded under Section (8), Florida Statutes; That the Proposed Change authorized by this Ordinance does not individually or cumulatively create additional impacts or any type of impact not previously reviewed. Section 3. Order. That having made the above findings of fact and conclusions of law, it is ordered that the Amended Development Order be further amended as set forth below: The Proposed Change, as more particularly set forth in the NOPC, attached hereto and made a part hereof as Composite Exhibit 2, is approved and Section 3(9 appearing on page 6 of the Fifth Amendment to the Development Order is hereby amended and restated in its entirety as follows: (9 Team practices at the athletic practice and training facility are not open to the public. However, if the training facility is utilized for the annual summer training camp, the annual summer training camp may be open to the public subject to all of the following specific conditions: 1) The annual summer training camp shall not be open to the public for more than twenty-five (25) total days during the months of July and August. Developer may permit the public to attend summer training camp at any time between the hours of 7:00 A.M. and 9:00 P.M. 2) Night practices shall occur no more than a total of six (6) nights during each annual summer training camp, and during said night practices Developer shall adhere to the lighting conditions and restrictions approved pursuant to the Fifth Amendment and set forth in this Amended Development Order. 3) The average daily session attendance for summer training camp shall not exceed 3,000 members of the general public. No later than ninety (90) days after the end of each summer training camp the Developer shall submit a report to the City with the daily session public attendance figures for each day (and night) the summer training camp was open to the public. The City staff shall review said report to determine the average daily session attendance, which shall be derived by adding the daily session public attendance figure for all days (and nights) of the summer training camp ("Total Public Session Attendance Figure"), and then dividing the Total 4

14 Public Session Attendance Figure by the number of sessions the summer training camp was open to the public which result shall be the "Average Daily Session Attendance." If the Average Daily Session Attendance exceeds the limit of 3,000 persons by more than ten (10) percent for two (2) consecutive years, then the City Staff may require the Developer to further evaluate and mitigate the impacts, if any, of the additional public attendees. 4) The accommodations and services (bleachers, VlPlFamily seating, food, beverage and merchandise sales, and restrooms) to be provided to the public during the summer training camp shall occur only in the locations identified on the "Summer Training Camp Aerial Sketch" attached hereto as Exhibit 3. Public parking and public access points for public ingress and egress to the summer training camp shall occur only in the locations shown on the Summer Training Camp Aerial Sketch. 5) At all times during summer training camp, Developer shall comply with the noise conditions and restrictions approved pursuant to the Fifth Amendment and set forth in this Amended Development Order. Developer acknowledges that the noise abatement plan approved by EPC and on file with the City of Tampa pursuant to Section 3(g) of the Fifth Amendment, shall apply to all summer training camp practices and activities; and 6) The Developer shall coordinate with and assist the City Transportation Division and Traffic Operations Division to ensure that during the times the public is attending the summer training camp signal timing changes at the study driveway intersections are implemented as determined necessary by the City. If in-field traffic operations show, at any time, the need for additional traffic control, the City may require the Developer to provide police officers (at Developer's cost and expense) during any hours the public is attending the summer training camp; and 7) On weekdays between 5:00 and 6:00 pm, if the summer training camp is open to the public, the MLK Blvd. access point identified as Exit #2 on the "Summer Training Camp Aerial Sketch" (attached hereto as Exhibit 3), may not be utilized for summer training camp ingress or egress and all egress traffic from the summer training camp shall be directed to the Himes Ave access point identified as "General Public Parking EntrancelExit" on the "Summer Training Camp Aerial Sketch" (attached hereto as Exhibit 3) 5

15 and said egress traffic shall then be directed south on Himes, away from MLK Blvd. If in-field traffic operations show that this restriction creates traffic circulation issues on the Property which are deemed unacceptable according to standard engineering principles, then the Developer, the City and FDOT shall agree, in writing, to an alternative reasonably acceptable to all three (3) parties. The Developer shall provide the City with easements, in a form acceptable to the City, for the existing potable water facilities located on the Property adjacent to MLK Blvd. and for the relocated and enlarged stormwater facilities located along the southeastern portion of the Property. An application for wastewater and water service will be submitted if required by city code as a result of the proposed change permitting the summer training camp to be open to the public. Walkways and crosswalks will be provided for pedestrian and handicap access from the existing transit facility to the summer training camp areas open to the public. Bicycle racks will also be provided at the development site. With respect to construction of permanent improvements for the summer training camp, the Developer will promote energy conservation by employees, buyers, suppliers and the public, as appropriate, and will use landscaping and building orientation to reduce heat gain where feasible. Section4. Development Order, as Amended. This Ordinance shall constitute the Sixth Amendment to the Amended Development Order as originally approved by Resolution 4108-F, and as previously amended by Resolution 7658-F, Ordinance No A, Resolution No G, Ordinance No and Ordinance No , which shall constitute, collectively, the Development Order for the Tampa Bay Center DRI as passed and ordained by the City Council. All provisions of the Amended Development Order, except those provisions specifically modified herein, shall remain in full force and effect and shall be considered conditions of the Amended Development Order unless inconsistent with the terms and conditions of this Ordinance, in which case the terms and conditions of this Ordinance shall govern. Section 5. Definitions. That the definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Ordinance. Section 6. Bindinn Effect. That this Ordinance shall be binding upon the Developer, the Owners, their assigns and successors in interest.

16 Section 7. Governmental Agencies. That it is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Ordinance. Section 8. Severance. That in the event that any portion or section of this Ordinance is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Ordinance which shall remain in full force and effect. Section 9. Transmittals. That the City Clerk is directed to send copies of this Ordinance, within five (5) days of its becoming a law to the Developer, c/o John B. Grandoff Ill, Esquire, 101 East Kennedy Boulevard, Suite 3700, Tampa, Florida 33602, the Florida Department of Community Affairs (Bureau of State Planning), and the Tampa Bay Regional Planning Council. Section 10. Rendition. That this Ordinance shall be deemed rendered upon transmittal of copies of this Ordinance to the recipients specified in Chapter 380, Florida Statutes. Section 11. Recording. That the Developer shall record a notice of adoption of this Ordinance pursuant to Chapter 380, Florida Statutes. Section 12. Effective Date. That this Ordinance shall become a law as provided in the City of Tampa Home Rule Charter and shall take effect upon transmittal to the parties specified in Section 10 hereof.

17 PASSED AND ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA, ON 114 n 4?&a. ATTEST: ClTY COUNCIL CHAIRMAN- PAM IORIO, MAYOR APPROVED AS TO LEGAL SUFFICIENCY BY: EIS REBECCAKERT ASSISTANT ClTY ATTORNEY

18 EXHIBIT LIST TO ORDINANCE Exhibit 1 : Legal Description of Property Composite Exhibit 2: NOPC (including all EX~MS) Exhibit 3: Summer Training Camp Aerial Sketch

19 EXHIBIT 1 TO ORDINANCE LEGAL DESCRIPTION : A PARCEL OF ~ N LYING D IN THE NORTHWEST 114 OF SECllON 10, TOWIlJSHlP 29 SOUTH, RANGE 18 EAST. HILLSBOROUGH COUNW FLORIDA ALSO BElNG PART OF BLOCKS 1 THRU 9 AND ADJACENT STREETS (VACATED). FAIRGROUND FARMS SUBDIVfS#IPI, ACCORDING TO THE MAP OR PLAT RECORDED IN PUT BOOK 8, PAGE 34, PUBLIC RECORDS OF HlLLSBOROUGH COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBEO AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 10. THENCE ALONG THE WESTERLY BOUNDARY OF SECTION 10, SOUTH 00'29'36 WEST, FEET: THWCE DEPARTING SAlD WESTERLY BOUNDARY OF SECTION 10, SOUTH 90'00'W EAST, FEET TO A POINT ON THE EASTERLY RIGHTOF-WAY UNE OF HIM& AVENUE, SAD POINT ALSO BEING THE POINT OF BEGINNING; THENCE FEET ALONG ME ARC OF A CURVE TO me RIGHT. HAVING A iuf)lus OF FEET, A CENTRAL ANGLE OF 75'31'21'. A CHORD BEARING AND DISTAh'CE OF NORTH 52'31'16' EAST, FEET TO A POINT OF TANGENCY, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LlNE OF DR. MARTIN LUTHER KlNG JR BOULEVARD, THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LlNE OF DR. MARTIN LUTHER KlNG JR. BOULEVARD. SOUTH 89'43'04" EAST FEET; THENCE NORTH 89'39'21' EAST FEET TO A POINT OF TANGENCY; THENCE FEET ALONG THE ARC OF A CURVE TO THE RIGHT. HAVING A WIUS OF FEET, A CENTRAL ANGLE OF 90'48'58". A CHORD BWING AND DISTANCE OF SOUTH 44'5610" EAST, FEET TO A POINT OF TANGENCY, SAID POINT ALSO BEING ON ME WESTERLY RIGHT-OF-WAY LINE OF MACDILL AVENUE; THENCE ALONG SAID WESTERLY RIGM-OF-WAY, LINE OF MACDILL AVENUE, SOUM 00'28'19' WEST, FEET, THENCE SOUTH 0Z04T55' EAST, FEFT; THWCE SOUTH 00'28'19' WEST FEET: THENCE DEPARTING SAlD WESTERLY RIGHT-OF-WAY LINE OF MACDILL AVENUE, NORTH 89'59'23" WEST, FEET; THENCE SOUTH 00'1838' WEST, FEET: 'THENCE SOUTH 90'00007 WEST, FEET TO A POINT ON THE EAST RIGHTOF-WAY LlNE OF OHlO AVENUE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE OF OHlO AVENUE. NORTH 00'27'54' EAST, FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OHlO AVENUE: THENCE ALONG SAlD NORTHERLY RIGHT-OF-WAY UNk NORTH 90'00'00' WEST, F m TO A POINT ON THE AFOPEMENTIONED UISTERLY RIGHT-OF-WAY LINE OF HlMES AVENUE; THENCE ALONG SAlD EASTERLY RIGHT-OF-WAY UNE OF HlMES AVENUE, NORTH 00'29'36" EAST, FEET; THENCE DEPARTING SAlD EASTERLY RIGHT-OF-WAY LlNE OF HlMES AVENUE, SOUTH 90'00:WEAST, FEW THENCE NORTH 00'29'36 EAST, FEET; THENCE SOUTH 90'09'00' WEST, FEET TO A POINT ON ME AFOREMENTIONED EASERLY RIGHT~F-WAY UNE OF HIMES AVENUE; MWCE ALONG SAID EASTERLY RIGKT- OF-WAY LlNE OF HIMES AVENUE NORTH 00'29'36 EAST, FEET TO ME POINT OF BEGINNING. CONTAINING ACRES, MORE OR LESS.

20 NOPC - COMPOSITE EXHIBIT 2 TO ORDINANCE

21 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION (19), FLORIDA STATUTES Subsection (19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. We, the undersigned attorneys and authorized representatives of Buccaneers Football Stadium Limited Partnership, First Allied Development Partners. L.P., Stadium Plaza Assoc., LLC, and Tam~a Bav Mall. L.P., hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection (19), Florida Statutes. In support thereof, I submit the following information concerning the Tampa Bay Center Development of Regional Impact (DRI No. 16) development, located in the City of Tampa, Florida, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the City of Tampa; the Tampa Bay Regional Planning Council, and the Bureau of Local Planning, Department of Community Affairs. HLg< (Date) na K. Grimes, squir /~ohn B. Grandoff, 111, Esquire Morris C. Massey, Esquire Attorneys and Authorized Agents for Buccaneers Football Stadium Limited Partnership, First Allied Development Partners, L.P., Stadium Plaza Assoc., LLC, and Tampa Bay Mall, L.P., collectively, Applicant

22 2. Applicant: Buccaneers Football Stadium Limited Partnership, et al C/O Gina K. Grimes, Esq./John 6. Grandoff, Ill, Esq./Morris C. Massey, Esq. Hill, Ward & Henderson, P.A. P. 0. BOX 2231 ( ) 101 East Kennedy Avenue, Suite 3700 Tampa, Florida Telephone Number: (813) Facsimile Number: (813) Address: Owner: Tampa Bay Mall Limited Partnership C/O Gina K. Grimes, Esq./John 6. Grandoff, Ill, Esq./Morris C, Massey, Esq. Hill, Ward & Henderson, P.A. P. 0. BOX 2231 ( ) I01 East Kennedy Avenue, Suite 3700 Tampa, Florida Telephone Number: (813) Facsimile Number: (813) Address: 3. Authorized Agents: Gina K. Grimes, Esquire John B. Grandoff, Ill, Esquire Morris C. Massey, Esquire Hill, Ward & Henderson, P.A. P. 0. BOX 2231 ( ) 101 East Kennedy Avenue, Suite 3700 Tampa, Florida Telephone Number: (813) Facsimile Number: (813) Address: 4. Location: Section 10, Township 29 South, Range 18 East, Tampa, Hillsborough County, Florida

23 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. For purposes of general background and to put the following proposed changes in context, the current approved Tampa Bay Center DRI Development Order, as amended, permits two (2) development scenarios: 1) The original Development Order, as amended by the First, Second and Third Amendments, approved 887,000 square feet of gross leasable area (GLA) for a regional shopping center and 5,102 on-site parking spaces; or 2) The Fourth Amendment to the Development Order approved an "Alternative Development Scenario" which included a different site configuration and a decrease in retail square footage to 776,500 square feet GLA of retail and 4,500 parking spaces. The Fifth Amendment to the Development order approved Office as an approved land use with utilization of Trade-off Mechanism, and approved an alternative development scenario. (Additional information regarding the Developer Order and each of the five (5) amendments thereto is set forth in the response to Question #7 below.) PROPOSEDCHANGES The Tampa Bay Buccaneers plan to relocate their annual Summer Training Camp ("STC") to their new Corporate Headquarters and Training Facility ("Training Facility) on the subject site generally located at the northwest corner of Ohio Avenue and MacDill Avenue, and open said STC to the general public. Since approval of the Fifth Amendment to the Development Order in 2004, the Developer demolished the Tampa Bay Center Mall which previously existed on the subject site and was comprised of approximately 877,000 square feet of retail uses. Construction of the new Tampa Bay Buccaneers Corporate Headquarters and Training Facility was completed in The Corporate Headquarters is comprised of the Tampa Bay Buccaneers executive/corporate and administrative offices and various uses related thereto, including marketing, media and public relations functions. The Training Facility is comprised of various training areas and practice fields and is currently used for the Tampa Bay Buccaneers regular season training, which is not open to the public. Section 3(f) of the Amended Development Order already permits the Training

24 designated on Map H for parking. An aerial sketch of the locations of the parking spaces, access points and public accommodation and service areas is attached as Exhibit A. Based upon historical STC practice schedules and the Buccaneers' desire to have flexibility as to when its practices are conducted, a conservative Transportation Analysis was conducted to evaluate site ingress and egress during the highest hour of the a.m. and p.m. peak period. The Transportation Analysis is attached hereto as Exhibit B. The results of the Transportation Analysis indicate that only signal timing changes are required at the study driveway intersections to accommodate the anticipated traffic impacts associated with the proposed STC practices. If in-field traffic operations in the future show the need for additional control, it may be mandated that traffic control (i.e. a police officer) be provided by the Tampa Bay Buccaneers during the proposed hours of STC practices. In addition, if a STC practice is anticipated to occur during evening hours (i.e., after 6:00 p.m.), traffic control (i.e. police officer) will be located at both driveways. it should be emphasized that public attendance at the STC is a short term seasonal activity. It is almost identical to the baseball Spring Training games, which occur every year on the adjacent parcels, except that the public attendance at the STC will be much less than what occurs at Spring Training Games. It is also important to note that the Training Facility, including STC, has fewer impacts than the previously existing regional mall. Given the results of the Traffic Analysis and the mitigation requirements already included in the existing Amended Development Order, this NOPC, including the proposed amendments to the Development Order, establishes that any potential impacts of public attendance at the STC are mitigated. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved In the development. If no change is proposed or has occurred, indicate no change. See Substantial Deviation Determination Chart attached hereto as Exhibit C. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (Le., any information not already addressed in the Substantial Deviation Determination Chart). The original approved Tampa Bay Center DRI Development Order and five (5) amendments thereto are summarized as follows:

25 On March 5, 1974, Resolution No F (the "Development Order") approved a regional shopping center on an 83 acre site at the southeast corner of North Himes Avenue and West Buffalo Avenue (now known as Dr. Martin Luther King, Jr. Blvd.). The approved shopping center was comprised of approximately 840,000 square feet of gross leasable area (GLA). The approved project proposed approximately 4,650 parking spaces. On September 30, 1975, Resolution No F (the "First Amendment") clarified certain conditions contained in Resolution No F relating to transportation improvements and modifications to coincide with the project's development. On May 11, 1978, Ordinance No A (the "Second Amendmentn) approved an increase in the total gross leasable area to 887,000 square feet GLA of retail. On June 12, 1979, Resolution No G (the "Third Amendment") approved an increase in the number of on-site parking spaces to 5,102. On November 30, 1989, Ordinance No denied the requested Fourth Amendment to the Development Order that proposed an entrancelexit onto MacDill Avenue along the eastern boundary of the property. This proposed change was denied because it did not "... promote the general health, safety and welfare of the residents in the neighborhoods to the east and south of the proposed entrancelexit onto MacDill Avenue." On August 22, 2002, Ordinance No (the "Fourth Amendment") approved an "Alternate Development Scenario" as an approved choice of development scenarios for the Tampa Bay Center DRI, which Alternate Development Scenario provided that the existing mall structure would be demolished and the overall square footage reduced by 110,500 square feet GLA to an approved total of 776,500 square feet GLA of retail and 4,500 parking spaces as shown on Map H - Master Plan for the Alternative Development Scenario. The Alternate Development Scenario also had a build-out date of December 31, 201 2, and an expiration date of December 31, Additionally, the number and location of access points and median openings for the Alternate Development Scenario were limited to those as shown on adopted Map "H". Finally, a corrected legal description was adopted for the entire Tampa Bay Center site. On September 20, 2004, Ordinance No (the "Fifth Amendment") approved utilization of a trade-off mechanism with a multiplication factor of for converting approved retail square footage to office square; and approves a second alternate development scenario ("Alternate Development Scenario #2") allowing 776,500 square feet of retail (or the equivalent square footage of ofice utilizing the trade-off mechanism) and 5,000 parking spaces. The Alternate Development Scenario #2 also had a build-out date of December 31, 2012, and an expiration date of December 31, Additionally, the

26 number and location of access points and median openings for the Alternate Development Scenario were limited to those as shown on adopted Map "H-2". Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? No. Describe any lands purchased or optioned within '/r mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its sire, intended use, and adjacent non-project land uses within '/z mile on a project master site plan or other map. Not applicable. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph (19)(b), Florida Statutes. Not applicable. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph (19)(8)2., F.S. YES NO Does the proposed change result In a change to the build-out date or any phasing date of the project? If so, indicate the proposed new build-out or phasing dates. This proposed change will not change the build-out date or any phasing date of the project. However, on February 10, 2009, the owners of the subject project requested confirmation from the City of Tampa that the automatic three (3) year extension of any DRI phasing, build-out and expiration dates as provided in House Bill 7203 adopted by the Florida Legislature in 2007 for any DRI under active construction as of July 1, 2007, applies to the Tampa Bay Center DRI. The automatic extension provided by the Florida Legislature in House Bill 7203 extends the build-out date for this DRI from December 31, 201 2, to December 31, 201 5, and the expiration date is likewise extended from December 31, 201 7, to December 31,2020.

27 11. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections (15), F.S., and 9J-2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. No change is proposed to either Map H-1, depicting "Alternative Development Scenario No. I", or Map H-2, depicting "Alternative Development Scenario No. 2" (as those terms are defined in the current DRI Development Order for the Tampa Bay Center DRI). Map H-3 attached to the current Development Order for the Tampa Bay Center DRI depicting "Alternative Development Scenario No. 2" with the training facility also remains unchanged. However, as part of this NOPC, we are proposing to add an aerial sketch of the subject property depicting the areas of the site that may be used in connection with the summer training camp, including vehicular access points, parking areas, general public area for bleacher seating (approximately 4,000 seats), food and beverage sales, merchandise sales and restrooms. This Summer Training Camp Aerial Sketch is attached hereto as Exhibit A and is incorporated herein by this reference. 13. Pursuant to Subsection (19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservatlon, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; See enclosed draft Development Order attached hereto as Exhibit D. b. An updated legal description of the property, if any project acreage

28 islhas been added or deleted to the previously approved plan of development; No change is proposed. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change is proposed. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; The termination date in the existing DRI Development Order for the Tampa Bay Center DRI has been extended from December 31, 201 7, to December 31, 2020, by virtue of House Bill 7203 enacted by the Florida Legislature in 2007 (see response to Question No. 10 above). No further change in the termination date of this DRI is being requested as a result of this proposed change. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and No change is proposed. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report Is submitted as specified in Subsection 9J (7), F.A.C. No change is proposed.

29 SCHEDULE OF EXHIBITS NAME OF DOCUMENT EXHIBIT Summer Training Camp Aerial Sketch Summer Training Camp Transportation Analysis Substantial Deviation Determination Chart Draft Development Order

30

31 EXHIBIT B March 26,2009 Mr. John Meyer, DRI Coordinator Tampa Bay Regional Planning Council 4000 Gateway Centre Boulevard, Suite 100 Pinellas Park, Florida sun0 rn PrhceJs Palm Avenue Tampa, Florida Re: Tampa Bay Center DRI (#16) Notice of Proposed Change (NOPC) Transportation Impact Analysis Dear Mr. Meyer : Pursuant to the February 19,2009 submitted study methodology which was accepted on March 4,2009, please find the following transportation impact and operational analysis for your review. The approved study methodology and corresponding Tampa Bay Regional Planning Council (TBRPC) acceptance e- mail is attached. Proiect Description The Tampa Bay Center DRI (#16) is located in the City of Tampa, in the southea~i~uadknt of the ~ a&n Luther King Jr. ~oulevard (state Road 574) & Himes Avenue intersection. The general site location is shown in Figure 1. Construction of the Tampa Bay Buccaneers Corporate Headquarters and Training Facility was completed in 2007 and is currently used for the Tampa Bay Buccaneers regular season training which is not open to the public. As required in the current Development Order, this NOPC is being filed in order to allow the public to attend the Tampa Bay Buccaneers annual Summer Training Camp. Summer Training Camp may be held for up to 25 days from late July to the middle of August on the site. Practices are planned to occur up to twice daily for a total of approximately four (4) to six (6) hours a day. For the past four (4) years, the Buccaneers have held their Summer Training Camp in Orlando. Given this will be the first year the Summer Training Camp will be held at the Tampa Bay Buccaneers Training Facility, and given the Facility has resources and accommodations that have never been available to them in the past, the Buccaneers desire some flexibility as to the days and times during which the summer practices will be held. In the past, the typical morning practices occurred from approximately 8:30 a.m. to 11:OO a.m. and afternoon practices from approximately 2:45 p.m. to 430 p.m. For the proposed Summer Training Camp, some days there may be two practices open to the public and other days there may only be one, and occasionally practices may be held in the evening (i.e. after 6:00 p.m.). Based upon this information and the Buccaneers' TEL FAX

32 Mr. John Meyer, March , Page 2 desire to have flexibility as to when its practices are conducted, it was determined that the analysis would address site ingress during the highest hour of the a.m. peak period (7:00 a.m. to 9:00 a.m.) and site egress during the highest hour of the p.m peak period (4:OO p.m. to 6:00 p.m.). Public access to the site is proposed through two driveways. General public access to Summer Training Camp practices will be provided through the Himes Avenue & Tampa Bay Center Driveway intersection. Media and invited guest (VIP) access will be provided through the Dr. Martin Luther King Jr. Boulevard & Tampa Bay Center (West) Driveway. Trir, Generation Trip generation for the proposed Summer Training Camp practices were estimated during the a.m. and p.m. peak hours based upon the following assumptions as originally presented and defined in the approved methodology: Bleacher capacity of 1,000 persons Vehicle occupancy rate of 3.0 persons per vehicle However, although the approved methodology assumed a bleacher capacity for up to 1,000 persons, revisions to the bleacher design layout may allow a bleacher capacity of up to 4,000 persons in order to accommodate the positive public response to the announcement of Summa Training Camp at the new Facility. Public attendance figures for the past four years at the Buccaneers Summer Training Camp held in Orlando have ranged from an average of 850 to 1,450 persons per day. The current analysis was conducted in a conservative fashion and assumed traffic impacts for an average attendance of 3,000 persons, which assumes more than twice the number of persons attending on an average weekday as compared to historic information. Based upon the assumption of 3,000 persons, it is estimated that a total of 1,000 vehicles in the peak hour could be associated with the proposed Summer Training Camp practices. Again, using conservative assumptions, the analysis assumed all vehicles enter into the site during the a.m. peak hour and all vehicles exiting the site during the p.m. peak hour. Tri~ Distribution Trip distribution was estimated based upon existing count data obtained during the a.m. and p.m. peak hours on Himes Avenue and Dr. Martin Luther King Jr. Boulevard. Reviewing the traffk count data, the following trip distribution was assumed for both the a.m. and p.m. peak hour analyses: Direction Distribution East on Dr. Martin Luther King Jr. Boulevard 28% West on Dr. Martin Luther King Jr. Boulevard 26% North on Hima Avenue 23 % South on Himes Avenue 23%

33 Mr. John Meyer, March 26,2009, Page 3 This distribution was applied separately to both the general public and medidvip access driveways based upon the following assumptions: AM PM Period Period Intersection (lneress) (Egress) Himes Avenue & Tampa Bay Center Driveway 90% 50% Dr. Martin Luther King Jr. Boulevard & Tampa Bay Center (West) Driveway 10% 50% As shown above, medidvip trafic is assumed to account for ten (I 0) percent of the total traffic impacts and will be the only vehicles to utilize the Dr. Martin Luther King Jr. Boulevard & Tampa Bay Center (West) Driveway during the a.m. peak hour. During the p.m. peak hour, it was anticipated that all vehicles will distribute through the two driveways equally. Existine Conditions Vehicle turning movement volume counts were collected during the a.m. peak period (7:OO a.m. to 9:00 a.m.) and p.m. peak-hour period (4:OO p.m to 6:00 p.m) on February 24,2009 at the Himes Avenue & Tampa Bay Center Driveway intersection and on March 12,2009 at the Dr. Martin Luther King Jr. Boulevard &Tarnpa Bay Center (West) Driveway intersection. The raw counts and signal timings are attached. Vehicle turning movement counts at the study intersections were modified to reflect peak-season conditions. This modification was performed using FDOT weekly adjustment factors for Hillsborough County. The adjustment factor and existing peak-season traffic volumes are provided in the attached turning movement volume worksheets. The 2009 existing a.m. and p.m. peak-season traffic volumes are summarized in Figure 2 and Figure 3, respectively. lntersection Analysis Intersection analyses were conducted at the Himes Avenue & Tampa Bay Center Driveway intersection and the Dr. Martin Luther King Jr. Boulevard & Tampa Bay Center (West) Driveway intersection for existing conditions during the a.m. and p.m. peak hours, respectively. Intersection analyses were conducted using the Highway Capacity Manual (HCW module of the Synchro software. Future (Total Traffic) conditions were determined by adding anticipated traffic volumes associated with the proposed Summer Training Camp practices to existing volumes. This analysis was completed to determine if anticipated future traffic volumes can be accommodated with the existing signal control or if a traffic control officer or some other form of trafic control would be required. Based upon the analysis, both study driveways/intersections are anticipated to operate at an acceptable level of service in the a.m. and p.m. peak hours. No geometric changes are required for either intersection. The Himes Avenue site driveway approach currently operates at LOS E in the a.m. and p.m. peak hours. Future driveways conditions at the Himes Avenue and Tampa Bay Center (West) driveways are expected to have similar delays with the Buccaneers Summer

34 = Kimley-Horn 0 1 and Associates, Inc. Mr. John Mcyer, March 26,2009, Page 4 Training Camp practices. Table 1 and Table 2 summarize the anticipated levels of service for both the a.m. and p.m peak hours, respectively. TABLE 1 AM Peak Hour Intersections Conditions...,. I I I TABLE 2 PM Peak Hour Intersections Conditions I I I

35 = Kimley-Horn u 1 and Associates. Inc. Mr. John Meyer, March 26,2009, Page 5 Conclusion Based upon this transportation analysis, only signal timing changes are required at the study driveway intersections to accommodate the anticipated traffic impacts associated with the proposed annual Summer Training Camp practices. If in-field traffic operations in the future show the need for additional control, it may be mandated that traffic control (i.e. police officer) be provided by the Tampa Bay Buccaneers during the proposed hours of summer camp practices. In addition, if a training camp practice is anticipated to occur during evening hours (i.e. after 6:00 p.m.), traffic control (i.e. police officer) will be provided at both driveways. If you have any additional questions, please call at (813) Very Truly Yours, u& KIMLEY-HORN AND ASSOCIATES, INC. A m- 9atr1ck O'Connor, P.E. Christopher C. Hatton, P.E. Senior vice-president ~ Project Manager Enclosures Copy to: Susan Johnson. City of Tampa Joe Zambito, Hillsborwgh County MPO Charles White, Hillsborough County Planning & Growth Management Lcs Wcakland, Hartline Bernard Piawah, FDCA Kent Fast, PDOT DomingoNoricga, URS

36 February 19,2009 Mr. John Meyer, DRI Coordinator Tampa Bay Regional Planning Council 4000 Gateway Centre Boulevard, Suite 100 Pinellas Park, Florida SM m P W Pekn Avenue Tampa, florida 33610W Re: Tampa Bay Center DRI, #16, Hillsborough County Notice of Proposed Change (NOPC) Metbodoiogy Statement Informatlon Dear Ms. Meyer: Enclosed are three copies of the NOPC Methodology Statement for the Tampa Bay Center DRI, # 16, located in the City of Tampa. Sincerely,, O'Connor, P.E. Project Manager Enclosum Copy to: Susan Johnson. Cityof Tampa (3) Copis Joe Zambito. Hillsborough County MPO Charles White, Hillsborough County Planning & Growth Management LY Weakland, Hartline Bernard, Piawah, FDCA Kent Fast, FDOT Domingo Noriega. URS a TEL FAX

37 TAMPA BAY CENTER, DRI #16 City of Tampa, Florida NOTICE OF PROPOSED CHANGE February 19,2009 TRANSPORTATION METHODOLOGY INTRODUCTION The Tampa Bay Center DRI, #16, is located in the City of Tampa, in the southeast comer of the Martin Luther King Jr. Boulevard (State Road 574) & Himes Avenue intersection. The Tampa Bay Center DRI is an 83 acre (+A) development and the original Development Order was adopted in The Development Order has been amended a total of six times, with the latest occurring on September 2 1, 2004 (Resolution ), which allowed for the construction of the Tampa Bay Buccaneers Corporate Headquarters Facility. Specifically, the latest approved Development Order consists of adding Office as an approved land use; authorizes and approves utilization of a trade-off mechanism to allow the conversion of approved retail square footage to office square footage; and approves a second alternate development scenario to provide another alternative to the currently approved development scenario at the time of development. The current DRI buildout approval does not expire until December 3 1,201 2, and the Development Order does not expire until December 3 1,2017. NOPC OBJECTIVE The Tampa Bay Buccaneers wish to conduct their annual summer training camp at the Corporate Headquarters location where they currently conduct their regular season training. The primary difference is that the regular season training is not open to the public and the annual summer training camp will be open to the public and should be considered a temporary use. As stated in Section 3f of Resolution ; "If in the future the annual summer training camp is proposed to be open to the public, then the Developer shall file a Notice of Proposed Change to amend this Development Order to analyze the impacts (if any) of such a change." The objective of this NOPC will be to analyze the impacts of holding the summer training camp at the Corporate Headquarters, specifically the impacts of having practices open to the public. Based upon discussions with the Tampa Bay Buccaneers, practices are anticipated to occur twice daily for a total of approximately four hours a day. Summer training camp will be conducted daily from the end of July to the middle of August (approximately 23 days). The public will access the development from Himes Avenue and Martin Luther King (MLK), Jr. Boulevard through existing (Tampa Bay Center Driveway and One Buc Place) driveways (both currently signalized) and park on the west side of the practice field, where paved parking areas exists.

38 Troemel, Davld From: Sent: To: Subject: OConnor, Patrick Monday, March 09,20091:38 PM Troemel, David FW: Tampa Bay Center DRI #16 NOPC Methodology -- Addendum See below. PATRICK M. O'CUNNOR, P.E. (FL) Kimley-Horn and Associates, Inc. (P) (F) From: John Meyer Sent: Wednesday, March 04, :56 AM To: Gina Grimes Cc: OConnor, Patrick; Hatton, Christopher; Charles White; Pessaro, Brian Subject: RE: Tampa Bay Center DRI #16 NOPC Methodology --Addendum Folks: Having previously received written acknowledgement of acceptance of the Tampa Bay Center Methodology from Florida Department of Transportatlon and Hillsborough County, the staff of the Tampa Bay Regional Planning Council will accept the Methodology as proposed. Please include proposed Development Order Conditions within the NOPC apolication restricting the frequency (in terms of # and/or dates) of the practices that are open to the public and limitations on the hours of such events. If you should have any question(s), please do not hesitate to contact me. John M. Meyer DRI, LEPC and IC&R Coordlnator Tampa Bay Regional Plannlng Council 4000 Gateway Centre Blvd., Suite 100 Pinellas Park, FL Phone ext. 29 FAX From: Gina Grimes [mailto:ggnmes@hwhlaw.com] Sent: Monday, February 23,2009 4:48 PM To: John Meyer

39 Cc: Subject: RE: Tampa Bay Center DRI #16 NOPC Methodology -- Addendum John, We understand your concern about setting a precedent... and any assistance you can provide re the timing will be appreciated! Thanks, Gina From: John Meyer [mallto:johnm@tbrpc.org] Sent: Friday, February 20,2009 8:06 AM To: patrlck.oconnorqklmley-horn.com Cc: susan.johnson@tampagov.net; kent.fast@dot.state.fl.us; whitece@hillsbornughco~n~~~~g; Domingo-Noriega@URSCorp.com; Cnrlstopher.Hatton@kimley-horn.com; Gina Grimes; bford@buccaneers.nfl.com; zambitojqplancom.org; weaklandlqgohart.org; 6ernard.piawahQdca.state.fl.u~ Subject: RE: Tampa Bay Center DRI #16 NOPC Methodology -- Addendum Patrick: Per our prior discussionsj I do not recall agreelng to any specific period of time in which to review your draft Methodology Statement and provide comment(s), as may be appropriate. While I agree in the importance of establishing a time frame for review, I think the requested for review of the initial Methodology Statement of two-weeks is too short and not a precedence I would like to establish. I would alternatively request that the designated review period for the initial Methodology be extended to Friday, March 13th. Any thoughts? John M. Meyer DRI, LEPC and IC&R Coordlnator Tampa Bay Regional Plannlng Council 4000 Gateway Centre Blvd., Suite 100 Plnellas Park, FL Phone ent. 29 FAX From: patrid<.oconnor@kimley-horn.com [mallto:patri&.oconnor@kirnley-horn.com] Sent: Thursday, February 19, :52 PM To: John Meyer Cc: susan.johnsonqtarnpagov.net; kentfast@dot.state.fl.us; whiteceqhilisboroughcounty.org; Domingo-Noriega@URSCorp.com; Chrlstopher.Hatton@kimley-horn.com; GGrirnes@hwhlaw.mm; bford@buccaneers.nfl.com; zambitoj@plancorn.org; weaklandl@gohart.org; Bernard.piawah@dca.state.fl.us Subject: RE: Tampa Bay Center DRI # 16 NOPC Methodology -- Addendum It was incorrectly stated in the methodology that March 5,2009 is a Wednesday. The date referenced is correct, however, March 5,2009 is actually Thursday, I apologize for this error.

40 PATRICK M. O'CONNOR, P. E. (FLI Kimley-Horn and Associates, Inc. (P) (F) From: OConnor, Patrick Sent: Thursday, February 19,2009 4:40 PM To: Cc: Hatton, Christopher; Glna Grimes; 'Ford, Brian'; Subject: Tampa Bay Center DRI #16 NOPC Methodology John- Please find attached the NOPC methodology statement for the Tampa Bay Center DRI #16. Hard copies have been sent to individuals listed below as indicated by you. Thank you, Patrick O'Connor John Meyer, TBRPC (3 COPIES) Susan Johnson, City of Tampa (3 COPIES) Joe Zambito, Hills. County MPO Charles White, Hills. County Planning & Growth Mngmt. Les Weakland, HARTLINE Bernard Piawah, FDCA Kent Fast, FDOT Domingo Noriega, URS PATRICK M. O'CDNNDR, P.E. (FL) Kimley-Horn and Associates, Inc Princess Palm Avenue, Suite 300 Tampa, Florida (P) (F)

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42 Tampa Bay Center Rtveway Tampa Bay Buccaneers Corporate Headquarters o-n Kinley-tkm - and AssaWs, Inc. Fioure 2 0 stw ~nt- AM Peak Hour Existing Traffic ~on&ions Tampa Bay Buccaneers corporate Headquarters Southeast Quadrant of Himes Avenue 8 Dr. ML King Jr. Boulevard City of Tampa, Florida

43 NOT TO SCW 4 = Tampa Bay CentPr Drfv-Jw Tampa Bay Buccaneers Corporate Headquarters % ~brdy ~ntersection Figure 3 PM Peak Hour exist in^ Traffic ~onditions Tampa Bay Buccaneers corporate Headquarters Southeast Quadrant of Himes Avenue & Dr. ML King Jr. Boulevard City of Tampa, Florida

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45

46 TRAFFIC VOLUMES AT STUDY INTERSECTIONS INTERSECTION: Himes Avenue 8 Tampa Bay Center COUNT DATE: February 24,2009 TIME PERIOD: AM Period PEAK HOUR FACTOR: "WSTING TRAFFIC" EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR SBU SBL SBT SBR.., : ;, ~..... ~ ~ ~.. '... I I 7 8 I I 1.085,. '.'.".:-;..,...,I ,...,., ~,., I. : : "PROJECT DISTRUBUTIONw LAND USE TYPE EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR SBU SBL SBT SBR -- "PROJECT TRAFFIC" LAND USE TYPE EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR SBU SBL SBT S8R pro).ct wsadm.dh 23 Tdpe GenW&&blk TOTAL PUOECT TRAMC o o o r TOTAL framc I I I I I I 1851 ( 211 I ,074 1 I

47 TRAFFIC VOLUMES AT STUDY INTERSECTIONS INTERSECTION: Dr. ML King Jr. Boulevard & Tampa Bay Park (West) COUNT DATE: March 12,2009 TIME PERIOD: AM Period PEAK HOUR FACTOR: 0.95 I "EXISTING TRAFFIC' EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NET NBR SBU SBL SBT SBR - RaWT~aEbmRmh,:, ( I I l o l o l o ) 9 1 O l l s P s a k Fdcbor ~ ~ "PROJECT DISTRUBUTION" LAND USE TYPE EBU EEL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR SBU SBL SBT SBR 'PROJECT TRAFFIC" 1 TOTAL TRAFFIC 1 I , , l o l o l o l I S l O l 1 s

48 TRAFFIC VOLUMES AT STUDY INTERSECTIONS INTERSECTION: Himes Avenue &Tampa Bay Center Driveway COUNT DATE: February 24,2009 TIME PERK3D: PM Period PEAK HOUR FACTOR: "EXISTING TRAFFIC" EBU EBL EBT EBR WBU WBL WET WBR NBU NBL NBT NBR SBU SBL SBT SBR I ~fficofmmcw 1 I I I I I I I1,lOO I 11 I I 12 I I "PROJECT DISTRUBUTION" 'PROJECT TRAFFIC' LAND USE TYPE EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR SBU SBL SBT SBR I TOTAL TRAFFIC I I I I I I I 1,100 I 1 1 I 12 Ir I

49 TRAFFIC VOLUMES AT STUDY INTERSECTIONS INTERSECTION: Dr. ML King Jr. Boulemrd 8 Tampa Bay Park (West) COUNT DATE: March 12,2009 TIME PERIOD: PM Period PEAK HOUR FACTOR: 'EXISTING TRAFFIC' EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR S8U SBL SBT SBR - -,P ww#-k ~ n c t m - I D u m N G ~ ~ I 1.11 IsSZI 0 I I 13 Il, l o l o l o l I 10s I "PROJECT DISTRUBUTION" LAND USE TYPE EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR SBU SBL SBT SBR "PROJECT TRAFFIC" LAND USE TYPE EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR SBU SBL SBT SBR I TOTAL PROjECTfCUl

50 I: Tampa Bay Center & Hirnes Avenue 2009 Existing AM Peak Hour Conditions Lane Configurations 7 f.).) 7? 4 4 Ideal Flow (vphpl) Total Lost time (s) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Volume (vph) Peak-hour factor, PHF Adj. Flow (vph) RTOR Reduction (v~hl Lane Group Flow ivph) Turn Type Perm Free pm+pt Protected Phases Permitted Phases 4 Free 2 ActuatedGreen, G (s) Effective Green, g (s) Actuated glc Ratio Clearance Time (s) Vehicle ~xtension (s) Lane Grp Cap (vph) vls Ratio PrOf V/S Ratio perm vlc Ratio Uniform Delay, dl Progression Factor Inmemental Delay, d2 Delay (s) Level of Service Approach Dday (s) Approach LOS HCM Average Control Delay 2.0 HCM Level of Service A HCM Volume to Capaclty ratio 0.36 Actuated Cycle Length (s) Sum of lost time (s) 8.0 Intersection Capacity Utilization 40.5% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group HCM Signalized Intersection Capacity Analysis Kimley Horn and Associates, Inc. 3/23/2009 Page 1

51 2009 Existing AM Peak Hour Conditions 2: Dr. Martin Luther King Jr. BI h Tampa Bay Center (West) ' <? t P k i J Lane Configurations 7 t f * % 4 ' i 4 f Ideal Flow (vphpl) Total Lost time (s) Lane Util. Factor Frt Fit Protected OO Satd. Flow (prot) Flt Permitted OO Satd. Flow (perm) Volume (vph) peak-hour factor, PHF Adj. Flow (vph) RTOR Reduction (vph) Lane Group Flow (vph) Turn Type Pm+Pt Free pm+pt Perm Perm Perm Perm Protected Phases Permitted Phases 6 Free Actuated Green, G (9) Effective Green, g (s) Actuated g/c Ratio clearance ~ ime (s) Vehicle Extension (8) Lane Grp Cap (vph) v/s Ratio Prot ~ vls Ratio Perm c0.36 c V/C Ratio Uniform Delay, dl Progression Factor Incremental Delay, d Delay (s) Level of Service A A A E 54.6 D Approach Delay (s) Approach LOS A A A D HCM Average Control Delay 6.7 HCM Level of Service A HCM volume to Capacity r&io 0.42 Actuated Cycle Length (s) Sum of lost time (s) 8.0 Intersection Capadty Utilization 58.6% ICU Level of Service B Analysis Period (rnln) 15 c Crltlcal Lane Group HCM Signalized Intersection Capacity Analysis Kimley Horn and Associates, Inc. 3/23/2009 Page 2

52 1 : Tampa Bay Center & Himes Avenue 2009 Existing PM Peak Hour Conditions Lane Configurations 5 f Ideal Flow ivphvl) Total Lost time (9) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Volume (vvh), Peak-hourfactor,PHF Adj. Flow (vph) RTOR Reduction (vah).., Lane Group Flow (vph) Turn Type Perm Free pm+pt Protected Phases Permitted Phases 4 Free 2 Actuated Green, G (s) Effective Green, g (s) Actuated glc Ratio Clearance Time Is) Vehicle ~xtenslon (s) Lane G ~P Cap (vd~) ' V/S R& ~roi ' ' v/s Ratio Perm vic Ratio Uniform Delay, dl Progression Factor Incremental Delay, d2 Delay (s) Level of Service Approach Delay (s) Approach LOS 0.00 ~ A A A 1.o A HCM Average Control Delay 2.3 HCM Level of Servlce A HCM volume to Capacity ratio 0.36 Actuated Cycle Length (s) Sum of lost time (s) 12.0 lntersedlon Capaaty Utilization 41.2%. ICU Level of Service A Analysis Period (min) 15 c Cr$lcal Lane Grwp HCM Signalized Intersection Capacity Analysis Kimley Horn and Associates, Inc. 3/24/2009 Page 1

53 2009 Existing PM Peak Hour Conditions 2: Dr. Martin Luther King Jr. BI & Tampa Bay Center (West) Lane Configurations ' r.... "+\ 4- '+-Y t P L I J f 9 9 % 4 f 4 f Ideal Flow (voh~ll Total Lost time (s) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Fl t Permitted Satd. Flow (perm) Volume (vph) Peak-hourfactor.PHF Adj. Flow (vph) RTOR Reduction (vph) Lane Group Flow (vph) Turn Type Pm+Pt Free pm+pt Perm Perm Perm Perm Protected Phases I Permitted Phases 6 Free Actuated Green, G (s) Effective Green, g (s) Actuated g/c Ratio Clearance Time (s) Vehide ~xtension is) Lane G ~D. C~D... [v~h), v/s Ratio Prot ~ c0.38 V/S Ratio Perm vlc Ratio Uniform Delay, dl Progression Factor Incremental Delay, d2 Dday (9) Level of Service Approach Delay (8) Approach LOS HCM Average Control Delay 10.0 HCM Level of Service A HCM ~ dume to Capadty &Io 0.51 Actuated Cycle Length (s) Sum of lost time (s) 12.0 Intersection Capacity Utilization 50.9% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group HCM Signalized Intersection Capacity Analysis Kimley Horn and Associates, Inc. 3/24/2009 Page 2

54 1 : Tampa Bay Center & Himes Avenue 2009 Total Traffic AM Peak Hour Conditions Lane Configurations?'l f M 1 ' +? Ideal Flow (vphpl) Total Lost time (s) Lane Util. Fador Frt Flt Protected Satd. Flow (prot) F It Permitted Satd. Flow (perm) Volume (vph) Peak-hour factor, PHF Adj. Flow (vph) RTOR Reduction hh) Lane Group Flow (yph) Turn Type Perm Free prn+pt Protected Phases Permitted Phases 4 Free 2 Actuated Green, G (s) Effective Green, g (s) Actuated g/c Ratio Clearance Time (s) Vehicle Extenslon (s) Lane Grp Cap (vph) v/s Ratio Prot ~ vls Ratio Perm 0.00 c0.15 c0.62 vlc Ratio Uniform Delay, dl Progression Factor Incremental Delay, d Delay (s) Level of Service E E B A E A Approach Delay (s) Approach LOS E B C HCM Average Control Delay 22.5 HCM Level of Service C HCM Volume to. Capaclty ratio 0.95 Actuated Cycle Length (s) Sum of lost time (s) 4.0 Intersection Capacity Utilization 77.1 % ICU Level of Service 0 Analysis Period (min) 15 c.critical Lane Group HCM Signalized Intersection Capacity Analysis 3/24/2009 Page 1 Kimley Horn and Associates, Inc. -

55 2009 Total Traffic AM Peak Hour Conditions 2: Dr. Martin Luther King Jr. BI & Tampa Bay Center (West) )+\ 4 - <? t P ' ~p Lane Confiaurations 44 r( 4% a f % I Ideal Flow [vphi) b Total Lost time (s) Lane Util. Factor Frt OO 0.99 Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Volume fvoh) * Peak-hour factor, PHF 0.95 Adj. Flow (vph) 192 RTOR Reduction (vph) 0 Lane Group Flow (vph) 192 Turn Type Pm+Pt Protected Phases 1 Permitted Phases 6 Actuated Green, G (s) Effective Green. g (s) Actuated g1c Ratio 0.78 Clearance Time [s) 5.4 Vehicle ~xtenslon (s) Lane Grp Cap (vph) vls Ratio Prot VIS Ratio Perm vlc Ratio Uniform Delay, dl Progression Factor Incremental Delay, d2 Delay (s) Level of Service Approach Delay (s) Approach LOS Free pm+pt 5 Free Perm Perm Perm Perm HCM Average Control Delay 9.9 HCM Level of Service A HCM volume to Capaclty ratio 0.50 Actuated Cycle Length (s) Sum of lost time (s) 4.0 Intersection Capacity Utilization 65.5% ICU Level of Service C Analysis Period (min) 15 c Critical Lane Group HCM Signalized Intersection Capacity Analysis Page 2 Kirniey Horn and Associates, Inc.

56 1 : Tampa Bay Center & Himes Avenue c t P C Lane Confiaurations 55 f M f F 1 H Ideal Flow {VD~DI) b Total Lost time (s) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Volume (vph) Peak-hourfactor,PHF Adj. Flow (vph) , RTOR Reduction Iv~h) Lane Group Flow (vph) Turn Type Perm Free pm+pt Protected Phases Permitted Phases 4 Free 2 Actuated Green, G (s) Effective Green, g (s) Actuated glc Ratio Clearance Time (s) Vehide ~xtendon (s) Lane Grp Cap (vph) vls Ratio Prot vls Ratio Perm vlc Ratlo Uniform Delay, dl Progression Factor Incremental Delay, d2 Delay (s) Level of Service Approach Delay (s) Approach LOS 2009 Total Traffic PM Peak Hour Conditions HCM Average Control Delay 20.3 HCM Level of Service C HCM volume to Capacity ratio 0.57 Actuated Cycle Length (s) Sum of lost time (s) 12.0 Intersection Capadty Utilization 61.5% ICU Level of Servlce B Analysis Period (min) 15 c Critical Lane Group HCM Signalized Intersection Capacity Analysis Page 1 Kimley Horn and Associates, Inc.

57 2009 Total Traffic PM Peak Hour Conditions 2: Dr. Martin Luther King Jr. BI & Tampa Bay Center (West).'+\ 4- +'-? t P k 4 4 Ideal Flow (vphpl) Total Lost time (s) Lane Utll. Fador Frt 1.OO Flt Protected Satd. Flow (prot) Flt Permined Satd. Flow (perm) Volume (vph) peak-hour-factor,phf Adj. Flow (vph) RTOR Reduction (vph) Lane Group Flow (vph) Turn Type pm+pt Free prn+pt Perm Perm Perm Perm Protected Phases Permitted Phases 6 Free Actuated Green, G (s) ' Effective Green, g (s) Actuated glc Ratio Clearance Time (s) Vehicle Extension (s) Lane Grp Cap (vph) VIS Ratlo Pmt ~ vls Ratio Perm 0.04 vlc Ratlo Uniform Delay, dl Progression Factor Incremental Delay, d Delay (s) Level of Service 16.7 B 21.0 C Approach Delay (s) 20.9 Approach LOS C HCM Average Control Delay 26.6 HCM Level of Service C HCM volume to Capacity ratio 0.76 Actuated Cycle Length (s) Sum of lost time (s) 12.0 Intersection Capacity Utilization 74.1 % ICU Level of Servlce 0 Analysis Period (min) 15 c Critical Lane Group HCM Signalized Intersection Capacity Analysis Kimley Horn and Associates, Inc. 3/24/2009 Page 2

58 A G ~ c w w I~ w ~ ~, P.0. Box 987 Plant City, FL Tel:(813) Fax:(813) Turning Movement Count Field Data Sheet Date: Count Times: 74?? ql i/.6+~ Major Street: birection: N-S Speed ~irnlt: Minor Street: Direction: E-W Speed Limit: ~h mph CltyiCounty: Weather: 3 Cycles Intersection Sketch wiu* Pub% 4+ 4."

59 Kirnley-Horn and Associates, Inc Princess Palm Ave, Suite 300 CityICounty : Tam pa/hillsborough Tampa, FL File Name : HIMES8-I Weather: Clear Site Code : Comments: Start Date : 2/24/2009 Page No : 1 Groups Printed- Passewer Vehicles - Heavy Vehicles - U-Turns PARKING LOT HIMES AVENUE Westbwnd Northbound Start Time LeR 1 T~N [ Right 1 RTOR I App.Total L& 1 Thm ( Right I RTOR I App.ToM 07:OO AM :15 AM AM :45 AM Total HlMES AVENUE Southbound Int Total ] ' 342 Lefl Thru 1 f%ght I RTOR I App.Tatal :45 AM Total W:45 PM Total Grand Total Apprch% Total % I PARKING LOT HlMES AVENUE I HlMES AVENUE I Westbound I Northbound Southbound Starl Tone ( Left) T~N( Right1 RTOR] App.TotdI Left 1 Thru I Right I RTOR I App. Total [ LeR 1 llru 1 Right I RToR I AppTotal( Int TOM 1 Pea4 Hwr Fmm 0790 AM to to45 AM - Peak 1 of 1 lntenedbn O7:30 AM Vdume Percent :45 Vdume Peak Factor High lnt 08:00 AM Vdume Peak Fador 0.625

60 Kimley-Horn and Associates, Inc Princess Palm Ave, Suite 300 Tampa, FL File Name : HIMES&-1 Sie Code : Start Date : 2/24/2009 Page No : 2 I PARKING LOT HIMES AVENUE HIMES AVENUE Westbwnd Notthbound Southbound I Start Time I Left I Thm 1 Kght ] RTOR I App. Total I Left ( T~N I Rmll RTOR ( App.Total1 Left[ Tt~uj RQM I RT~R I ~pp. ~otal Peak Hour From WOO PM b 0545 PM - Peak 1 of I Intersection 0500 PM Volume Percent :15 Volume Peak Factor Highlnt. 05:15PM Volume Peak Factor I lot TOW ]

61 MAR TUE 02:12 PM Sectton ID: Computer. M CCU: a DROP 4 SHOPID 1666 Tlmlng Date: 2/101200Q ' Phase Date: 8/7/2000 Con troller: ECONOLITE Intersection; and SEARS Phase Numbers Direction WE SBLT NB. Special Mod- and Times of Operations: Surveillance Times: Flash Source: C Times: 7-I3 23:00-04:45 C a Computer Plash 7 Tlmo ClaeWCaniraller Special Functions: 1 AFT WB 0 0 Pkase Implement Within: [ql1 Week [ 1 I Month ~PDATED FDOT CLEARANCES. 051s LEAD IN^ LEFT.* YF-1 PLACES PERMANENT CALL ON WB PED &.PHASE 4.'.. * *E.O.C. RESISTOR REQUIRED QN RECEIVE." - *BACKUP PROTECTION GROUP 1 - 'ON'.* C Submitted By: &f Reviewed By:.fi Approved By: Date: 7-17,. & Date: ~ Date: I Signal Timing Implemented: [ I As Sent [ I With Following ReVl~lOnb Date: [ ] Slgnal Timing Not Implemented Reason: Date: By:

62 MAR TUE 02: 12 PM P. 002 # HIMES L SEARS MIN Timing Date: YEL 10/15/2(108 RED DownLd Date: / / WLK EDW MSX : M CCU: 39 Drop: 4 Min - 60 Pat: : 1. Am CITY OF T WA COMJ?IITER PATfiRRh SHEET CYC 0s SBLT ONOLITE 2 Am off Noon Pmoff Evening Late WB Detour MLK (AM) I , Hurricane P 33.F. #1 - AFT~R W'B TO MAX. omguter Flash 23 :00-04:45 Mays..B.c. Day Plan I: M-rn patt 1-7 Day Plan 2: Prf patt 1-7 w/5 14:4E Day Plan 3: S-Su patt 7 and patx 2 a11 other times

63 [E ~Contmkin3phasedeoli-aduakd~. Phases 2 k6 1 ahcma, PKI heads and btllbns MI P4 miy. ACply Ped Clr hcled-on and Badrup Pm$ctkn. SBLTis lead left

64 ADAMS TRAFFIC PAGE ' P. 0. BOX 997 Plant City, FL Tsl:(8? 3) Fax:(813) Project No.: D d~ Turning Movement Count Field Data Sheet Major Street; E-W Speed Limit: 55 mpht Minor Street: rjof N-S Speed Limit: p.1a mph City/County: Weather: a 3 Cycles Measured; Mf%) Intersection Sketch

65 Turning Movement Count Adarns Traffic, Inc. CitylCounty: TampaJH illsborwg h (81 3) File Name : mlkatampabayparkwest Weather: Clear Site Code : Comments: Start Date : 3/12/2009 Page No : 1 I 08:15AM :I "* BREAK '" Groups Printed- Passenger Vehides - Heavy Vehides - U-Turns PARKING LOT DRIVEWAY (CLOSED TAMPA BAY PARK (WEST) DR ML KING JR BOULEVARD GATE) Southbound Westbound - Northbound slartri Leff ] Thr I Right j R~OR I App. %% Left 1 Thnr / Right : RTORFA~~. Total! Left i Thtu 1 Right 1 i App Total 07:OO AM j AM ; :30AM ! :45 AM Total :OO AM :30AM :45AM Total DR ML KlNG JR BOULEVARD Eastbound Left 1 Thnr 1 RigM 1 RTOR I App. ToBI O~:WPM n :lSPM PM :45 PM 15 Total / lnt ToBi i Grand Total t Apprch % Total% t O TAMPA BAY PARK (WEST) DR ML KING JR BOULEVARD PARKING LOT DRIVEWAY (CLOSED GATE) OR ML KlNG JR BOULEVARD southbound Westbound Eastbound.I-ALL- -A I I I nonnwunu I I, Stainme 1 LeR ] Thru i Right RTOR I App, To@I! -Left ( T~N ] Rqht ] RTOR j App. Total j LeR ( TOnr 1 Right 1 RTOR ( App. Total 1 Left 1 Rvu 1 Right 1 RTOR I App. Total 1 Int Total j Peak Haur From 07:00 AM to 0&45 AM - Peak 1 of 1 Interredion 079 AM Volume Percent Vdume Peak Factor High lnt 08:15 AM Vdume Peak Factor AM

66 CitylCounty: Tampa/Hillsborough Weather: Clear Comments: Turning Movement Count Adams Traffic, lnc. (81 3) File Name : mlk&tarnpabayparkwest Site Code : Start Date : Page No : 2 j TAMPA BAY PAW< (WEST) Southtmund ; Startflme LBft 1 T~N 1 Right 1 RTOR I App. Total Pea& Hwr Fm 07:W AM td 08:45 AM - Peak 1 of 1 By Approach 08:00 AM Volume Percent High lnt 08:15 AM 07:M AM 07:15 AM Volume , Peak Factor DR ML KING JR BOULEVARD Westbound Left I Thru 1 RigM 1 RTOR 1 App. Total PARKING LOT DRIVEWAY (CLOSED GA'IE) Northbound Left! Thm 1 Right 1 RTM I App. Total DR ML KING JR BOULEVARD Eastbound LeFl I Thru I R i 1 RTOR I App. Total Int Total 1 Peak Hour From 0400 PM to 05:45 PM - Peak f of 1, Intersection 04:45 PM / Vdume Percent :15Vdume Peak Factor High Int 05:OO PM 05:lS PM Volume Peak Factor Peak Hour From 0400 PM to 0545 PM - Peak 1 of 1 ByAppmach Phl Volume Parcent High Int 0500 PM Volume Peak Factw 0.769

67 MA.R TUE 02: 13 PM -I Section ID 2402 Cornputec CCU: PROP 3 MYLAR: SHOP 1D 1383 nrning Date; Phase Date: 2/5/2092 Controller: ECONOLITE Intersection: M L KIN0 JR and SEAR2 2@ Phase Numbers Dimction EBLT W6 N8 WBLT EB SB Special ~ od& and Tlmes of Operations: Surveillance Times: Flash Source: C Tlmes: 7-D ;00 Speclal Functfons 1 AFT NIS 2 BEF WBLT TO MAX 0 C Please Irnplemant Within: [ 1 Week [ ] 1 Month CeMments: UPDATED TIMINQS: NEW FLASH TIMES a - NOTE. NBRT LOOP TO HAVE A DELAY DETECTOR OF 4 SEC..- RESERVICING LEFT TURNS WITHOUT SERVICING CROSS STREET NOT ALLOWED BACK-UP PROTECTION APPUED TO GROUP I - Submitted By: 5 f( Reviewed By: % Approved By: & 2 Date: s ate:& -6 -& ] Slgna! Tlrning Not Implemented Reason: Date: By: _S, au.*)bt

68 # M, L. KING JR. & SEARS Timing Date: 03/01/2005 DownLd Date: / / MSX: M CCU: 39 Prop: 3 Pat 1 Am MIN YEL RED WLK FOW Min - 42 CYC 0s Am off Noon Pm off Pm Evening Late loo WB Detour MLK (AM) Hurricane ;.F. #1 : After N/S to max. :.F. #2 - Before WB/LT to max. Zotnputer Flash 19:30-07:00 7days- dditional programming for Controller T.B.C. )ay Plan 1: M-F patt Day Plan 2: 6-S patt. 7 a patt. 2 all other

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70 MAR TUE 02:13 PM

71 [EXHIBIT C TO N-OPC] SUBSTANTIAL DEVIATION DETERMINATION CHART TYPE OF LAND USE CHANGE CATE W RY I PROPOSED PLAN AttractionlRecreation Airports # Parking Spaces # Spectators # Seats Site locational changes Acreage, including drainage, ROW, easements, etc. External Vehicle Trips D.O. Conditions ADA Representations I Runway (length) I I Runway (strength) I Terminal (gross square feet) # Parking Spaces # Gates I Apron Area (gross square feet) 1 I Site locational changes I Airport Acreage, including drainage, ROW, easements, etc. Not Applicable Not Applicable ORIGINAL PLAN Not Applicable Not Applicable PrZEVIOUS D.O. CHANGE & DATE OF CHANGE Not Applicable Not Applicable Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent.

72 TYPE OF LAND USE Airports (cont.) [EXHIBIT C TO NOPC] SUBSTANTIAL DEVIATION DETERMINATION CHART 1 CHANGE CATEGORY PROPOSED PLAN ORIGINAL PLAN PREVIOUS D.O. CHANGE & DATE OF CHANGE I ADA representations Hospitals I # Beds I # Parking Spaces I Building (gross square feet) I Site locational changes Acreage, including drainage, ROW, easements, etc. Not Applicable Not Applicable Not Applicable External Vehicle Trips ADA representations Industrial Acreage, including drainage, ROW, easements, etc. # Parking spaces I Building (gross square feet) Not Applicable Not Applicable Not Applicable # Employees chemical storage (barrels and pounds) Site locational changes Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent.

73 TYPE OF LAND USE Industrial (cont.) Mining Operations I Acreage mined (year) I [EXHIBIT C TO NOPC] SUBSTANTIAL DEVIATION DETERMINATION CHART CHANGE CATEGORY # External vehicle trips D.O. Conditions ADA representations I Water withdrawal (gavday) Size of mine (acres), including drainage, ROW, easements, etc. I Site locational changes # External vehicle trips D.O. Conditions ADA representations I I PROPOSED PLAN Not Applicable ORIGINAL PLAN Not Applicable PREVIOUS D.O. CHANGE & DATE OF CHANGE Not Applicable Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information From the developer or his agent.

74 TYPE OF LAND USE Office - - [EXHIBIT C TO NOPC] SUBSTANTIAL DEVIATION DETERMINATION CHART CHANGE CATEGORY Acreage, including drainage, ROW, M.O.L. I 0 I 0 easements, etc., Building (gross square feet) Minimum: 145,000* *office square footage is goj in addition to approved retail square footage, and may only be developed through utilization of the trade-off mechanism and a decrease in equivalent amount of retail square footage # Parking Spaces # Employees Site locational changes # External vehicle trips D.O. Conditions ADA representations I PROPOSED PLAN 5, Not Applicable NoChange, (See attached proposed Development Order) Not Applicable ORIGINAL PLAN 4,650 Not Applicable Not Applicable 2,022 vph See Original D.O. (315174) Not Applicable PREVIOUS D.O. CHANGE & DATE OF CHANGE 5,102 (6/12/79) 4,500 ( ) Not Applicable Not Applicable 2,106 vph (511 1/78) 1,867 vph (8/22102) See Amendments: ; 511 1/78; 6/12/78; and 8/22/02 Not Applicable Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent.

75 TYPE OF LAND USE [EXHIBIT C TO NOPC] SUBSTANTLAL DEVIATIa CHANGE CATEGORY PROPOSED PLAN ORIGINAL PLAN PREVIOUS D.O. CHANGE & DATE OF CHANGE Petroleum/Chemical Storage Storage Capacity (barrels andlor pounds) Distance to Navigable Waters (feet) Site locations changes Facility Acreage, including drainage, ROW, easements, etc. - # External vehicle trips Not Applicable Not Applicable Not Applicable D.O. Conditions ADA representations Ports (Marinas) # Boats, wet storage # Boats, dry storage Dredge and fill (cu. yds.) Petroleum storage (gals.) Site locational changes Not Applicable Not Applicable Not Applicable Port Acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. Conditions ADA representations Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent.

76 --PREVIOUS D.O. ORIGINAL CHANGE & DATE OF TYPE OF LAND USE CHANGE CATEGORY PROPOSED PLAN PLAN CHANGE Residential # Dwelling units / Type of dwelling units I I Ierrimis, Acreage, including drainage, ROW, ei. Not Applicable Not Applicable Not Applicable I Site locational changes I I # External vehicle trips Wholesale, Retail, Service Acreage, including drainage, ROW, No Change easements, etc. Floor Space (gross square feet) No Change 840,000 GLA # Parking Spaces # Employees No Change I Site locational changes I Not Applicable 1 # External vehicle trips No Change No Change Not Applicable 2,022 vph - 5,102 (611 2/79) 4,500 (8122/02) 2,482 ( ) 1,942 (812Z02) Not Applicable 2,106 vph ( ) 1,867 vph ( ) Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information fiom the developer or his agent.

77 r TYPE OF LAND USE Hotel/Motel (cont.) [EXHIBIT C TO NOPC] SUBSTANTIAL DEVIATION DETERMINATIOI CHANGE CATEGORY ADA representations # Rental Units 1 Floor space (gross square feet) / # Parking Places I I # Employees I Acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. Conditions ADA representations / R.V. Park Acreage, including drainage, ROW, easements, etc. ( # Parking Spaces 1 I Buildings (gross square feet) # Employees r I Site locational changes 1 I PROPOSED PLAN Not Applicable Not Applicable Not Applicable CHART ORIGINAL PLAN See Original D.0. (315174) Not Applicable Not Applicable PREVIOUS D.O. CHANGE & DATE OF CHANGE See Amendments: ; 511 1/78.; 6/12/78; 8/22/02; 9/20/04; AND 3/26/09 Not Applicable Not Applicable Not Applicable Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent.

78

79 [EXHIBIT D TO NOPC] ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, APPROVING THE SIXTH AMENDMENT TO THE DEVELOPMENT ORDER FOR THE TAMPA BAY CENTER DEVELOPMENT OF REGIONAL IMPACT, DRI #16, A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT, RENDERED PURSUANT TO CHAPTER 380, FLORIDA STATUTES, IN RESPONSE TO A NOTIFICATION OF PROPOSED CHANGE FILED BY BUCCANEERS FOOTBALL STADIUM LIMITED PARTNERSHIP; PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, on March 5, 1974, the City of Tampa ("City") adopted Resolution No F (the "Original Development Order"), which is the Original Development Order issued by the City pursuant to Chapter 380, Florida Statutes, for the Tampa Bay Center Development of Regional Impact ("DRI"); and WHEREAS, on September 30, 1975, the City adopted Resolution No F, as the First Amendment to the Original Development Order (the "First Amendment"); and WHEREAS, on May 11, 1978, the City adopted Ordinance No A (the "Second Amendment"); and WHEREAS, on June 12, 1979, the City adopted Resolution No G (the "Third Amendment"); and WHEREAS, on November 30, 1989, the City adopted Ordinance No which denied the requested Fourth Amendment to the Original Development Order that proposed an entrancetexit onto MacDill Avenue along the eastern boundary of the property; and WHEREAS, on August 22, 2002, the City adopted Ordinance No (the "Fourth Amendment"); and WHEREAS, on September 20, 2004, the City adopted Ordinance No (the "Fifth Amendment") (hereinafter, the Original Development Order, together with the First, Second, Third, Fourth and Fifth Amendments shall collectively be referred to as the "Development Order"); and

80 WHEREAS, Tampa Bay Mall Limited Partnership, First Allied Development Partners, LP and Jesuit High School of Tampa, Inc. (fiwa St. Louis Catholic Benevolence and Educational Association, Inc.) are the owners of the subject DRI property (the ilowners") more particularly described in the legal description attached hereto as Exhibit 1 (the "Property"), and Buccaneers Football Stadium Limited Partnership (the "Developer") is the applicant of the subject Notification of Proposed Change; and WHEREAS, on March 26, 2009, the Developer filed the Notification of Proposed Change to a Previously Approved Development of Regional Impact Subsection (19), Florida Statutes, for the Property (the "NOPC"), attached hereto as Composite Exhibit 2; and WHEREAS, the NOPC proposes that the annual summer training camp on the Property be open to the public (the "Proposed Change"); and WHEREAS, the Proposed Change to the Development Order will constitute the Sixth Amendment to the Development Order; and WHEREAS, the City Council has reviewed and considered the NOPC at a properly noticed public hearing as well as all related testimony and evidence submitted by the Developer concerning the Proposed Change; and WHEREAS, the City Council, as the governing body of the local government having jurisdiction pursuant to Chapter 380, M d a Statutes, requires that a development order be amended to reflect the City Council's approval of changes to an adopted development order; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ln OF TAMPA, FLORIDA: Section I. Findings of Fact. That City Council, having received the above referenced documents, and having received all related comments, testimony and evidence submitted by all persons and members of the general public, and having considered the provisions of Chapter 380, Florida Statutes, concerning substantial deviations, finds that there is substantial, competent, clear and convincing evidence to support the following findings of fact: A. That the Developer submitted to the City the NOPC and which is incorporated herein by reference as Composite Exhibit 2;

81 B. That a comprehensive review of the impacts generated by the Proposed Change has been conducted by the City's Departments, and coordinated with other DRI reviewing agencies, including but not limited to the Tampa Bay Regional Planning Council ('TBRPC"), and the Department of Community Affairs ("DCA"); and C. That the Proposed Change is consistent with all local land development regulations and the local comprehensive plan; and D. That the Proposed Change does not unreasonably interfere with achievement of the objectives of the adopted State Land Development Plan applicable to the area and is consistent with the State Comprehensive Plan; and E. That the Proposed Change is consistent with the recommendations of the Tampa Bay Regional Planning Council; and F. That the Proposed Change does not individually or cumulatively create additional regional impacts on transportation or other public facilities nor does it create impacts that were not previously reviewed, nor meet or exceed any of the criteria set forth in Subsection 380,06(19)(b), Florida Statutes, and as such no further development of regional impact review is necessary. Section 2. Conclusions of Law. That the City Council having made the above findings of fact, renders the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable law and regulations and based upon the record of these proceedings, the Developer is authorized to conduct the development as described in the Development Order, subject only to the amendments, conditions, restrictions and limitations set forth herein; and B. That the review by the City, TBRPC, DCA, and other participating agencies and interested citizens concludes that the impacts of the Proposed Change is adequately addressed pursuant to the requirements of Chapter 380. Florida Statutes; and C. That the City has, at its proceedings, considered all previous changes and the Proposed Change and determined that such changes do not individually or cumulatively constitute a substantial deviation requiring further DRI review pursuant to Section , Florida Statutes; D. That this Ordinance does not constitute a substantial deviation from the Development Order, as defined in Chapter 380, Florida Statutes, and nothing

82 herein shall limit or modify the protection afforded under Section (8), Florida Statutes; That the Proposed Change authorized by this Ordinance does not individually or cumulatively create additional impacts or any type of impact not previously reviewed. Section 3. Order. That having made the above findings of fact and conclusions of law, it is ordered that the Development Order be amended as set forth below: The Proposed Change, as more particularly set forth in the NOPC, attached hereto and made a part hereof as Com~osite Exhibit 2, is approved and Section 3(f) appearing on page 6 of the Fifth Amendment to the Development Order is hereby amended and restated in its entirety as follows: (f) Team practices at the athletic practice and training facility are not open to the public. However, if the training facility is utilized for the annual summer training camp, the annual summer training camp may be open to the public subject to all of the following specific conditions: 1) The annual summer training camp shall not be open to the public for more than twenty-five (25) total days during the months of July and August. Developer may permit the public to attend summer training camp at any time between the hours of 7:00 A.M. and 9:00 P.M. 2) Night practices shall occur no more than a total of six (6) nights during each annual summer training camp, and during said night practices Developer shall adhere to the lighting conditions and restrictions set forth in this Amended Development Order. 3) The average daily attendance for summer training camp shall not exceed 3,000 members of the general public. No later than ninety (90) days after the end of each summer training camp the Developer shall submit a report to the City with the daily public attendance figures for each day (and night) the summer training camp was open to the public. The City staff shall review said report to determine the average daily attendance, which shall be derived by adding the daily public attendance figure for all days of the summer training camp ("Total Public Attendance Figure"), and then dividing the Total Public Attendance Figure by the number of days the summer training camp was open to the public 4

83 which result shall be the "Average Daily Attendance." If the Average Daily Attendance exceeds the limit of 3,000 persons per day by more than ten (10) percent per year for two (2) consecutive years, then the City Staff may require the Developer to further evaluate and mitigate the impacts, if any, of the additional public attendees. The accommodations and services (bleachers, VlPlFamily seating, food, beverage and merchandise sales, and restrooms) to be provided to the public during the summer training camp shall occur only in the locations identified on the "Summer Training Camp Aerial Sketch" attached hereto as Exhibit 3. Public parking and public access points for public ingress and egress to the summer training camp shall occur only in the locations shown on the Summer Training Camp Aerial Sketch. At all times during summer training camp, Developer shall comply with the noise conditions and restrictions set forth in this Amended Development Order; and The Developer shall coordinate with and assist the City Transportation Division to ensure that signal timing changes are implemented as determined necessary by the City at the study driveway intersections. If in-field traffic operations show, at any time, the need for additional traffic control, the City may require the Developer to provide police officers (at Developer's cost and expense) during the hours the public is attending the summer training camp. If summer training camp is conducted at night (after 6:00 p.m.) and is open to the public, Developer shall provide police officers (at Developer's cost and expense) at both driveway access points on the Property. Section 4. Development Order, as Amended. This Ordinance shall constitute the Sixth Amendment to the Development Order as originally approved by Resolution 4108-F, and as previously amended by Resolution 7658-F, Ordinance No A, Resolution No G, Ordinance No and Ordinance No , which shall constitute, collectively, the Development Order for the Tampa Bay Center DRI as passed and ordained by the City Council. All provisions of the Development Order, except those provisions specifically modified herein, shall remain in full force and effect and shall be considered conditions of the Development Order unless inconsistent with the terms and conditions of this Ordinance, in which case the terms and conditions of this Ordinance shall govern.

84 Section 5. Definitions. That the definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Ordinance. Section 6. Binding Effect. That this Ordinance shall be binding upon the Developer, the Owners, their assigns and successors in interest. Section 7. Governmental Anencies. That it is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Ordinance. Section 8. Severance. That in the event that any portion or section of this Ordinance is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Ordinance which shall remain in full force and effect. Section 9. Transmittals. That the City Clerk is directed to send copies of this Ordinance, within five (5) days of its becoming a law to the Developer, c/o John 6. Grandoff Ill, Esquire, 101 East Kennedy Boulevard, Suite 3700, Tampa, Florida 33602, the Florida Department of Community Affairs (Bureau of State Planning), and the Tampa Bay Regional Planning Council. Section 10. Rendition. That this Ordinance shall be deemed rendered upon transmittal of copies of this Ordinance to the recipients specified in Chapter 380, Florida Statutes. Section 11. Recording. That the Developer shall record a notice of adoption of this Ordinance pursuant to Chapter 380, Florida Statutes. Section 12. Effective Date. That this Ordinance shall become a law as provided in the City of Tampa Home Rule Charter and shall take effect upon transmittal to the parties specified in Section 10 hereof.

85 PASSED AND ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF TAMPA, FLORIDA, ON ClTY CLERK CHAIRMAN, ClTY COUNCIL APPROVED BY ME ON APPROVED AS TO LEGAL SUFFICIENCY: PAM IOR10, MAYOR ASSISTANT CITY ATTORNEY

86

87 ORDINANCE NO AN ORDINANCE APPROVING AN HISTORIC PRESERVATION PROPERTY TAX EXEMPTION APPLICATION RELATIVE TO THE RESTORATION, RENOVATION OR REHABILITATION OF CERTAIN PROPERTY OWNED BY YBOR HAVANA, LLC, LOCATED AT 1302 NORTH 23RD STREET, TAMPA, FLORIDA, IN THE YBOR CITY HISTORIC DISTRICT, BASED UPON CERTAIN FINDINGS; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER OF HILLSBOROUGH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES LN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa is authorized, pursuant to the terms contained in Sections and , Florida Statutes, to adopt an ordinance allowing ad valorem tax exemptions under s.3, Art. VII of the State Constitution to historic properties if the owners are engaging in the restoration, rehabilitation, or renovation of such properties in accordance with guidelines established therein; WHEREAS, pursuant to the authority contained in Ordinance No , passed and ordained by the City Council of the City of Tampa, Florida, on September 9, 1993, an historic preservation property (ad valorem) tax exemption was created for improvements to historic properties completed in accordance with approved guidel...es ("The City of Tampa Historic Property Tax Exemption Ordinance"); WHEREAS, Ybor Havana, LLC made certain improvements to the property owned and located at 1302 North 23rd Street, Tampa, Florida, and filed an Historic Preservation Property Tax Exemption Application with the Barrio Latino Commission for approval by City Council of the City of Tampa; WHEREAS, the Barrio Latino Commission held a public hearing during which it reviewed the application and made the determination that the application should be approved for the following reasons: the property subject to the application is a contributing property located in the Ybor City Historic District; the improvements made to the property are consistent with the United States Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; the improvements were made in accordance with the guidelines developed by the Department of State; the improvements equal or exceed the threshold amount; and, the application was accompanied by a partially executed Historic Preservation Property Tax Exemption Covenant which requires the property owner to maintain the historic character of the property, and qualifying improvements thereto, during the exemption period; and, WHEREAS, the City Council of the City of Tampa held a public hearing during which it received information and made certain findings as required by The City of Tampa Historic Property Tax Exemption Ordinance.

88 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. fully set forth herein. That the recitals set forth above are hereby incorporated as if Section 2. That the City Council of the City of Tampa, having held a public hearing on the proposed Historic Preservation Property Tax Exemption Application finds that there is evidence to support the following findings: That the property owned by Ybor Havana, LLC, located at 1302 North 23rd Street, Tampa, Florida, and legally described as: See Exhibit " A Folio No is qualified for an historic preservation property tax exemption as it is a contributing property to the locally designated Ybor City Historic District based upon information provided by Barrio Latino Commission staff. That the improvements to the property are consistent with the United States Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings based upon testimony and documentation provided by Barrio Latino Commission staff. That the improvements to the property meet the criteria established by the Department of State based upon testimony and documentation provided by Barrio Latino Commission staff. That the improvements were substantially complete before January 1, Section 3. That the City Council of the City of Tampa having made the above findings renders the following conclusion: The improvements to the property owned by Ybor Havana, LLC located at 1302 North 23rd Street, Tampa, Florida and legally described as: See Exhibit " A Folio No meet the requirements of The City of Tampa Historic Property Tax Exemption Ordinance and are therefore granted an exemption from ad valorem taxation equal to one hundred percent (100%) of the assessed value of all improvements which resulted from the restoration, renovation or rehabilitation of the property for a ten (10) year period commencing January 1, 2010 and expiring December 3 1, This exemption does not apply to

89 taxes levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Article VII of the State Constitution. Section 4. That the Historic Preservation Property Tax Exemption Application was accompanied by a partially executed Historic Preservation Property Tax Exemption Covenant which requires the property owner to maintain the historic character of the property, and qualifying improvements thereto, during the exemption period. Section 5. That the Office of the City Clerk shall deliver a copy of the Historic Preservation Property Tax Exemption Application and this Ordinance to the Property Appraiser of Hillsborough County. Section6. That if any part of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 7. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 8. becoming a law. That this Ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON JUN V CITY COUNCIL PREPARED BY AND APPROVED APPROVED by me on JUN AS TO LEGAL SUFFICIENCY: EIS REBECCA KERT ASSISTANT CITY ATTORNEY MAYOR L -L \

90 LEGAL DESCRIPTION 1302N. 23rd Street Folio# TURMAN'S EAST YBOR S43FTOF LOT14ANDS43 FTOFE 1112 FT OF LOT 13 BLOCK 36 EXHIBIT A

91 ORDINANCE NO gb AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE AND MAKING LAWFUL THE SALE OF BEVERAGES CONTAINING ALCOHOL REGARDLESS OF ALCOHOLIC CONTENT - BEER, WINE AND LIQUOR - (4-COP-R) - FOR CONSUMPTION ON THE PREMISES ONLY IN CONNECTION WITH A RESTAURANT BUSINESS ESTABLISHMENT AT OR FROM THAT CERTAINLOT,PLOTORTRACTOFLANDLOCATED AT 6112 SOUTH WESTSHORE BOULEVARD AND 4733 WEST BAY AVENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; APPROVING WAIVERS AS SET FORTH HEREIN; WAIVING CERTAIN RESTRICTIONS AS TO DISTANCE BASED UPON CERTAIN FINDINGS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit (S-2); and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: "AYY), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow an alcoholic beverage sales - small venue. Waivers are granted as follows: Tampa Code Section : alcoholic beverage sales - small venue. To allow a waiver to reduce the required minimum distance

92 separation from 1,000 feet to 0 feet for other establishments selling alcoholic beverages. Tampa Code Section : alcoholic beverage sales - small venue. To allow a waiver to reduce the required minimum distance separation from 1,000 feet to 0 feet for residential uses. Tampa Code Section : alcoholic beverage sales - small venue. To allow a waiver to reduce the required minimum distance separation from 1,000 feet to 580 feet for institutional uses. Section 3. That the sale of beverages containing alcohol regardless of alcoholic content - beer, wine and liquor - (4-COP-R) - for consumption on the premises only in connection with a restaurant business establishment, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 6112 South Westshore Boulevard and 4733 West Bay Avenue, Tampa, Florida, and as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, as if fully set forth herein. Section 4. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 5. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 6. That approval of this Special Use Permit (S-2) shall not release the PetitionedOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 7. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 8. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 9. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect.

93 Section 10. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed. Section 11. becoming a law. That this Ordinance shall take effect immediately upon PASSED AND ORDAINE OF TAMPA, FLORIDA, ON hi Y THE CITY COUNCIL OF THE CITY ATTEST: CITY COUNCIL APPROVED BY ME ON JUN PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S/ REBECCA M. KERT ASSISTANT CITY ATTORNEY V (4-COP-R) - Earl Lewis South Westshore Boulevard [SV, A, R & I]

94 Petition for Speclal Use Alcoholic Beverages City of Tampa Land Development Coordlnatlon 306 East Jackson Street, 3E Tampa, FL (813) or 8403 (813) fax - "Cut-Out" Legal w 14 2@g Lesal Description (use separate sheet if needed) -MUST BE TYPED & DO NOT ABBREVIATE : LEGAL DESCRIPTION: R PARCEL OF LAND BEING A PORTION OF LOT 11, BLOCK 21, GANDY GARDENS 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 32, PAGE 50 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. SAlD PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAlD LOT 11, BLOCK 21; rhence N,0Oo1 7'37"E., ALONG THE EAST LlNE OF SAlD LOT 1 1, A DISTANCE OF FEET TO THE POINT DF BEGINNING; rhence N, "W., A DISTANCE OF FEET; rhence N,00O2@42"E.,A DISTANCE OF 91.%I8 FEET; rhence N,89*31807"W., A DISTANCE OF 8.09 FEET; rhence N.OOO1 I832"E., A DISTANCE OF FEET; rhence S.8g0342I "E., 21; A DISTANCE OF FEET TO A POINT ON THE EAST LlNE OF SAlD LOT 1 I, BLOCK IIiENCE S.OOO1 7'37'W., ALONG SAlD EAST LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE WlMlN THE CITY OF TAMPA, FLORIDA CONTAINING 1,962 SQUARE FEET, MORE OR LESS. City of Tampa ~lght of Uay B Mapplng Section KGRL D SCRIflON fl?provft) wr#& Surveyor's D State Certificate #: 6080 Name: J State of Florida UV- EXHIBIT "A" Date & Seal:

95 1036 STATE ROAD 7, SUITE 31S23, WELLINGTON, FL TEL. No FAX NO RECOROINC AREA SKETCH OF A PORTION OF LOT 11, BLOCK 21 GANDY GARDENS 3, P. B. 32, PG. 50, H.C. R. EXHIBIT D-I SCME: I' - 30' 1st Floor Indoor Arw=1,982 squom feet 2nd Roor lndoor Area=1,962 square feet GRAPHIC SCALE 2nd floor Outdoor &/cony Dinlng Areo=571 sqwrro feel 2nd Floor Outdoor Veranda Area-705 square feet. Total keo lndoor=j,924 squom feet Total Area Outdoor=1,276 square feet Gmnd Total Area-5,200 square feet. LOT 10 LOT 13 LOT F N a!'!3

96 1035 STATE ROAD 7. SUITE , WELLINGTON TEL. NO FAX NO LEGAL DESCRIPTION OFA PORTION OF LOT 11, BLOCK 21 GANDY GARDENS 3, P.B. 32, PG. 50, H.C.R. A PARCEL OF LAND BNNC A PORnON OF LOT I I, BLOCK 21. GANDY WENS 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 32, PAGE 50 OF THE PUBUC RECORDS OF HlLLSBOROUCCl COUNTY, FLORIDA. SAlO PARCEL OF LAND BEING MORE PARTlCUURLY OESCRlBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SRlD LOT 11. BLOCK 21; THENCE N.00'17'37%, BEGINNING; THENCE N.89'33'18%, ALONG THE AS7 LINE OF SATO LOT 11, A DISTANCE OF FEET TO THE POINT OF A DlSTANCE OF FEET; THENCE ~.0W20'42~E.,A DISTANCE Of 91.Q8 FEU; THENCE #89'31107kr., A DlSTANCE Of 8.09 FEET; THENCE N.OW11'32E. A DISTANCE OF FEET; THENCE~S.B9'34'Z1%. A DISTANCE OF FEET TO A POINT ON THE EAST UNE OF WD LOT 11, BLOCK 21; THENCE ~.00'17'37W., ALONG SAlO U\ST LINE, A DISTANCE OF FEET TD WE POINT OF BEGINNING. W D LAND SITUATE WHIN THE CllY OF TAMPA, FLORlOA CONTAINING 1,962 SOUARE Em, MORE OR LESS. I. THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY EXACTA COMMERCML SURVEYORS, INC. WKHOLIT THE BENEFIT Of A lttle SEARCH. lhls IS NOT A SUM. 2. WE REMINCS SHOWN HEREON ARE BASED ON ASSUMED WINO OF 9 89'21'23' E ALONG THE SOUTH UNE OF BLOCK 21, (;ANDY GARDENS 3, PUT BOOK 32, PAGE 50, HILLSBOROUGH COUUN, RORIM. 3. THE PROPERTY SHOWN HEREON UES WITHIN ROOD ZONE A 9 (EL 10) AS SHOW IN ROOD INSURANCE RME MAP COMMUNITY-PANEL NUMBER C, CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA. MAP RNISED DATE: SEPT MBER 30, THE IUF0RMATK)N DEPICTEU ON THE SURVEY REPRESENTS THE RESULTS OF A )1UD SURVEY ON THE MTE INDIG4773 AND W OULY BE CONSIDERED AS A REPRESENTATION OF THE GENERAL CONDlTlONS EXISTING AT THAT nme.

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

98 ORDINANCE NO AN ORDINANCE REPEALING ORDINANCE NO ; APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - LARGE VENUE AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT - BEER, WINE AND LIQUOR - (4-COP-X) - FOR CONSUMPTION ON PREMISES ONLY AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 1600 EAST sth AVENUE, UNIT A-200, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 3 HEREOF; APPROVING WAIVERS AS SET FORTH HEREIN; WAIVING CERTAIN RESTRICTIONS AS TO DISTANCE BASED UPON CERTAIN FINDINGS; IMPOSING CERTAIN CONDITIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority contained in Ordinance No , passed and ordained on July 13, 2000, by the City Council of the City of Tampa, Florida, the sale of beverages regardless of alcoholic content - beer, wine and liquor - (4-COP-X) - for consumption on premises only at or from that certain lot, plot or tract of land located at 1600 East 8th Avenue, Unit #A200, Tampa, Florida; WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit (S-2); and WHEREAS, whenever the petition property is located within the Ybor City Historic District, the provision set forth in Section , City of Tampa Code of Ordinances, is automatically imposed on any approval, to include exterior and interior security when required; and WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code.

99 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. entirety. That Ordinance No is hereby repealed in its Section 3. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: "A"), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow an alcoholic beverage sales - large venue. Waivers are granted as follows: Tampa Code Section : alcoholic beverage sales - large venue. To allow a waiver to reduce the required minimum distance separation from 1,000 feet to 25 feet for other establishments selling alcoholic beverages. Tampa Code Section : alcoholic beverage sales - large venue. To allow a waiver to reduce the required minimum distance separation from 1,000 feet to 290 feet for residential uses. Tampa Code Section : alcoholic beverage sales - large venue. To allow a waiver to reduce the required minimum distance separation from 1,000 feet to 60 feet for institutional uses. Section 4. That the sale of beverages containing alcohol regardless of alcoholic content- beer, wine and liquor - 4-COP-X - for consumption on premises only, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 1600 East gth Avenue, Unit A-200, Tampa, Florida, and as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth herein. Section 5. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 6. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit.

100 Section 7. That approval of this Special Use Permit (S-2) shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 8. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 9. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 10. That, based upon the location of the property described in Section 4 above, the provisions set forth in Section , City of Tampa Code of Ordinances, shall specifically apply to the alcoholic beverage zoning classification granted herein. Section 11. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 12. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed. Section 13. becoming a law. That this Ordinance shall take effect immediately upon

101 PASSED AND ORDAI OF TAMPA, FLORIDA, ON CITY COUNCIL OF THE CITY CHAIRMAN/- CITY COUNCIL ATTEST: PAM I~RIo, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S/ REBECCA M. KERT ASSISTANT CITY ATTORNEY V (4-COP-X) - M&J Wilkow East 8" Avenue, Unit #A200 [LV, A, R & 11

102 Petition for Special Use Alcoholic Beverages Chy of Tampa Land Development Coordination 306 East Jackson Street, 3E Tampa, FL (81 3) or 8403 (81 3) fax "CutUut" Legal Leaal Description (use separate sheet if needed) - MUST BE TYPED & 00 NOT AB8REVlATE : DESCRIPTION: rhat PORTION OF LOTS 4,S, 6,7, AND A 10 FOOT ALLEY, BLOCK 55, AND THAT PORTION OF LOTS 1,2,8,9, lo, AND A 10 FOOT ALLEY, BLOCK 48, AND A VACATED PORTION OF 16TH STREET (A SO FOOT RIGHT OF WAY), MAP OF YBOR CITY, AS RECORDED IN PLAT BOOK 1, PAGE 11, OF THE PUBUC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, LYING IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 19 EAST, AND BEING MORE PARTICULARLY DESCRfBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK 55; THENCE N89 55'08wW ALONG THE NORTH BOUNDARY OF SAID BLOCK 55, FEET; THENCE S0O004'43'W, FEET TO A POINT ON THE EXTERIOR FACE OF A TWO STORY MASONRY BUILDING AND THE POINT OF BEGINNING; THENCE ALONG SAID EXTERIOR FACE, THE FOLLOWING THIRTY COURS= (1) 50O004'43"W, FEET; (2) N8905S11 7"W, FEEf; (3) N00 04'43"E, 6.01 FEE; (4) N89 55'17'W, FEET; (5) S72 13'00'W, FEET; (6) S8g0 46'011W, FEET; (7) N72 03'301'W, FEET; (8) N8g055'1 7"W, FEET; (9) F444 55'08"W, 6.01 FEET; (10) N89"5!i11 7"W, FEFI;. (11) 0O004'43"W, FEET; (12) N89"SSl TW, 8.30 FEET; (13) SOOO D4'43"W, 9.50 FEET; (14) N89*55'1 7W, 1.78 FEET; (15) S00"04'43'W, FEET; (16) N89055'17"W, FEET; (17) N00"04'43"E, FEET; (18) S8g05S'l 7"E, 4.68 FEET; (19) N0O004'43"E, FEET; (20) 589" 55'17% FEET; (21) N00 04'43"E, FEET; (22) SS9"55'17', FEET; (23) N00 04'43"E, FEET; (24)89"55'17"E, FEET; (25) N00 04'43"E, 7.24 FEET; (26) S89 55'17"E, FEET; (27) SOOO M143"W, 7.50 FEET; (28) S89055'17"E, FEFT; (29) S0O004'43W, 4.42 FEET; (30) S89 55'17"E, FEET ro THE POINT OF BEGINNING. SAID DESCRIPTION BEING LIMITED VERTICALLY FLOOR TO CEILING OF THE SECOND f LOOR AND THE EXTENSIONS THEREOF. CONTAINING 40,286.9 SQUARE FEET, MORE OR LESS. State Certificate 1: Name: State of Florida d7/.<4'z Date & Seaf Legal Description is correct & complete: Case ~urnber: VO? -% EXHIBIT "A" Atlas Page: f& M

103

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

105 ORDINANCE NO gg AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE AND MAKING LAWFUL THE SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (2-APS) - IN SEALED CONTAINERS FOR CONSUMPTION OFF PREMISES ONLY AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 723 WEST COLUMBUS DRIVE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; APPROVING WAIVERS AS SET FORTH HEREIN; WAIVING CERTAIN RESTRICTIONS AS TO DISTANCE BASED UPON CERTAIN FINDINGS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section (b)(2) requests for certain specified uses and occupancies involving matters deemed to be of city-wide or area-wide importance must be submitted to the City Council for consideration and approval as a Special Use Permit (S-2); and, WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 E. Kennedy Boulevard, Tampa, Florida, relating to approval of the special-use permit for the real estate described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That a Special Use Permit (S-2) for the real estate situate, lying and being in the City of Tampa, and as more particularly described as follows: LEGAL DESCRIPTION: i'a"), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow an alcoholic beverage sales - small venue. Waivers are granted as follows:

106 Tampa Code Section : alcoholic beverage sales - small venue. To allow a waiver to reduce the required minimum distance separation from 1,000 feet to 214 feet for other establishments selling alcoholic beverages. Tampa Code Section : alcoholic beverage sales - small venue. To allow a waiver to reduce the required minimum distance separation from 1,000 feet to 45 feet for residential uses. Tampa Code Section : alcoholic beverage sales - small venue. To allow a waiver to reduce the required minimum distance separation from 1,000 feet to 126 feet for institutional uses. Section 3. That the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-APS) - in sealed containers for consumption off premises only, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 723 West Columbus Drive, Tampa, Florida, and as more particularly described in Exhibit "A". Section 4. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 5. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 6. That approval of this Special Use Permit (S-2) shall not release the Petitioner/Owner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section 7. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 8. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter 27, is compatible with contiguous and surrounding property or is a public necessity, is in conformity with the Tampa Comprehensive Plan, and will not establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area and complies with all required regulations and standards of Chapter 27, City of Tampa Code. Section 9. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect.

107 Section 10. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed. Section 11. becoming a law. That this Ordinance shall take effect immediately upon PASSED AND ORDAIN OF TAMPA, FLORIDA, ON COUNCIL OF THE CITY CITY COUNCIL ATTEST: APPROVED BY ME ON JUN O 2009 PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: EISI REBECCA M. KERT ASSISTANT CITY ATTORNEY V (2-APS) - Khairunissa Mandani West Columbus Drive [SV, A, R, & I]

108 Petition for Special lke Akohok Bevarages cityof Tamp. Land Dmlopment Codnaff on M6 E.st Jackon Stmet, 3E Tampa, FL ) s or 8403 (81 3) h x "Cut-Out" Legal baa1 Descrlotion iu-arate sheet if nsededf - MUST BE TYPED & DO NOT ABBREVIATE ; PARENT TRACT LEGAI. OFSCRIPTION; LOTS 6, 7 AND 8, GOLDS SUD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, ON PAGE 50, OF THE PUBLIC RECORDS OF HIUSBOROUGH COUNTY, FLORIDA. COMMENCE AT THE SOUTHWEST CORNER OF LOT 6. GOLDS SUD. ACCOf4DING TO WE PLAT 7HEREOF. AS RECOROEO IN PUT 800K + ON PAGE 50, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA: THENCE, BEARING NORM 79'C)2'5I0 EAST. A DISTANCE: Of FEET TO THE POINT OF BEGINNING; THENCE, BEARING NOR'RI WD5*18" EAST, A DISTANCE OF FET TO A POINT; MWCE. BEARING SOUTH 869'55'11" WIEST, A DISTANCE OF 9.00 FEET TO A POlNB THENCE, BURlNG NORTH 0095'48" EAST, A DISTANCE Of FE T TO A POW; THENCE, BEARING NORTH 89'55'11' EAST. A OISTANCE OF FEET TO A POINT THENCE, BEARING SOUTH W'05'48" NEST, A DISTANCE OF 7209 FEET TO A POINT; THENCE, BEARING SOUTH 8Q'55'llW KST, A DISTANCE OF 25,00 FEET TO A POINf; THE POINT OF BEGINNING I THIS PAR- Perimetec At= 2000 sq. ft acrse. MORE OR LESS.. Surveyor's State Certifkate rr: Name: David P. Graves state d ~lwlda 5392 Right-&-Way Section Y Date C Seal: 2/2/09 Legal Description is correct &complete: Case Number: Vm' 245 -F=r- Approved by (ROW Staff): - & Date of approval: Atlas Page: G-\\ 1. - EXHIBIT "A'

109