ORDINANCE NO s/

Transcription

1 ORDINANCE NO s/ AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA AMENDING CITY OF TAMPA CODE OF ORDINANCES CHAPTER 21 CREATING ARTICLE V REGULATING THE USE AND SALE OF FERTILIZERS CONTAINING NITROGEN AND/OR PHOSPHORUS WITHIN THE CITY OF TAMPA; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Environmental Protection has identified specific water bodies in the City of Tampa as "impaired" as a result of excess nutrients under the Florida Impaired Waters Rule (Chapter , Florida Administrative Code); and WHEREAS, state and federal limits on the amount of nutrients permitted in designated impaired waters, including significant portions of the Tampa Bay ecosystems, may require local governments to make significant investments in water quality improvement projects; and WHEREAS, surface water and baseflow runoff containing excess nutrients from residential neighborhoods, commercial centers, and other lands within the City of Tampa enter into natural and artificial stormwater and drainage conveyances and natural water bodies within the City; and WHEREAS, nutrients are commonly found in various forms as a fertilizer for turf and landscape application and if applied improperly, may contribute to pollution in natural water bodies: and WHEREAS, nutrient-laden runoff containing nitrogen and phosphorous fosters undesirable plant and algae growth in natural water bodies resulting in poor water quality; and WHEREAS, the quality of our streams, lakes, rivers, and Tampa Bay is critical to environmental, economic, and recreational prosperity and to the health, safety, and welfare of the citizens of the City of Tampa; and WHEREAS, the City of Tampa being a urban municipality with a high percentage of impervious surface area that results in increased stormwater runoff; and WHEREAS, the City of Tampa City Council finds that limiting the use of nitrogen and phosphorous based fertilizer is in the public interest since it reduces the potential for nutrient laden runoff into freshwater, coastal and estuarine waters within the City of Tampa, thereby improving the quality of those waters and reducing the need to expend scarce public resources on water quality improvement projects; and WHEREAS, the City of Tampa City Council declares that to address nonpoint sources of nutrient pollution, which is science-based, and economically and technically

2 feasible, it is necessary to impose additional or more stringent standards than those in the Florida Department of Environmental Protection's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes (2010) in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to local water bodies; and WHEREAS, in the process of adoption of this Article, the City of Tampa City Council has considered all relevant scientific information, including input from the Department of Environmental Protection, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, to the extent available, provided and accumulated on the need for additional or more stringent provisions to address fertilizer as a contributor to water quality degradation and such information has been made part of the public record at the public hearing on this ordinance; and WHEREAS, the provisions of this Article are applicable only within the City of Tampa; and WHEREAS, to ensure consistency with the rule on this same subject matter adopted by the Environmental Protection Commission of Hillsborough County (EPCHC), the City of Tampa intends that all provisions of the EPCHC rule shall remain in effect and enforceable within the City of Tampa by the EPCHC as the provisions within this ordinance are supplemental and more restrictive than that of the EPCHC rule. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF TAMPA CITY COUNCIL: SECTION 1. That City of Tampa Code of Ordinances Chapter 21 is amended to create Article V and the following sections there under: ARTICLE V. Section Regulation of the Use and Sale of Fertilizers Containing Nitrogen and/or Phosphorus Purpose and Intent. This Article regulates the proper use of fertilizers by any applicator and requires proper training of commercial and institutional fertilizer applicators and landscape maintenance companies. The Article requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Tampa's natural and artificial stormwater and drainage conveyances, rivers, lakes, canals, estuaries, interior freshwater wetlands, and Tampa Bay. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of the City of Tampa and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and artificial stormwater and drainage conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will

3 help improve and maintain water and habitat quality. Section Definitions. For this Article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. Application or Apply means the actual physical deposit of fertilizer to turf or landscape plants. Applicator means any person who applies fertilizer on turf and/or landscape plants in the City of Tampa. Article means Chapter 2 1, Article V of the City of Tampa Code of Ordinances, as amended, unless otherwise specified. Best Management Practices or BMP means turf and landscape practices which minimize the negative environmental impacts of installation and maintenance of landscapes. Code Enforcement OfJcer, Oflcial, or Inspector means any employee or agent of the City of Tampa who has been designated to enforce codes and ordinances enacted by the City of Tampa City Council. Commercial Fertilizer Applicator means any person who applies fertilizer on turf and/or landscape plants in The City of Tampa in exchange for money; goods, services or other valuable consideration. Fertilize, Fertilizing, or Fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants. Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Granular means composed of small grains or particles. Institutional Applicator means any person, other than a non-commercial or commercial applicator, that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium andlor common ownership. Impervious Surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant or prevents infiltration by stormwater. It includes roofed areas and surfaces such as compacted sand, limerock, or clay, as well as conventionally surfaced streets, sidewalks, parking lots, and other similar surfaces.

4 Landscape Plant means any native or exotic tree, shrub, or groundcover (excluding turf). Landscape Maintenance means activities carried out to manage and maintain landscape plants including but not limited to mowing, edging, and trimming. Person means any human being, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. Restricted Season means June 1 st through September 30th. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this Article, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. Site Supervisor means the direct supervisor of landscape maintenance personnel. Slow or Controlled Release fertilizer means a fertilizer containing a plant nutrient in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant significantly longer than a referenced "rapidly available nutrient fertilizer." Specialized Turf means areas of grass used for athletic fields, golf course practice and play areas, and other similar activities. Specialized Turf Manager means a person responsible for fertilizing or directing the fertilization of specialized turf. Surface Water means fresh, brackish, saline or tidal waters, including but not limited to bays, rivers, lakes, streams, wetlands, springs, impoundments, as well as canals and other artificial water bodies. TurJ Sod, or Lawn means a piece of grass-covered soil held together by the roots of the grass. Vegetable Garden means an area dedicated to the cultivation of edible plants. Section Applicability and Implementation The provisions of this Article shall govern any and all applicators of fertilizer and areas of application of fertilizer within the City of Tampa unless such applicator or activity is specifically exempted by the terms of this Article from the regulatory provisions of this Article as indicated herein. The provisions of this Article shall be implemented as of June 1, 2012 and no person shall act in a manner inconsistent with this Article after such date.

5 Section Weather and Seasonal Restrictions. (a) (b) No applicator shall apply fertilizers containing nitrogen andlor phosphorous to turf and/or landscape plants during the restricted season from June 1 -September 30. A violation of this section is deemed an irreversible or irreparable violation and will result in an immediate civil citation or notice to appear. Section Fertilizer Content and Application Rate. No fertilizer containing phosphorus shall be applied to turf andlor landscape plants in the City of Tampa, except where phosphorus deficiency has been demonstrated in the soil underlying the turf andlor landscape plants by a soil analysis test performed by a State of Florida-certified laboratory. Any person who obtains such a soil analysis test showing a phosphorus deficiency and who wishes to apply phosphorus to turf and/or landscape plants shall mail a copy of the test results to City of Tampa Department of Public Works, Stormwater Division: 306 E. Jackson Street, Tampa, FL prior to the application of phosphorous. Granular fertilizers containing nitrogen applied to turf and/or landscape plants within the City of Tampa shall contain no less than 50% slow release nitrogen per guaranteed analysis label. Section Exemptions. The provisions set forth above in Sections and of this Article shall not apply Golf courses. For all golf courses, the provisions of the Florida Department of Environmental Protection (FDEP) document, "BMPs for the Enhancement of Environmental Quality on Florida Golf Courses, January 2007," are required and shall be followed when applying fertilizer to golf courses. Specialized turf. Specialized turf managers are required to follow the Best Management Practices embodied in the "Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries", December Bona fide farm operations as defined in the Florida Right to Farm Act, Section , Florida Statutes. Vegetable gardens, owned by individual property owners or a community, provided that fertilizer application rates do not exceed UF IFAS recommendations per SP 103 Florida Vegetable Gardening Guide, December Yard waste compost, mulches, or other similar materials that are primarily organic in

6 nature and are applied to improve the physical condition of the soil. (f) (g) Tree trunk injection fertilization treatments that are performed by a certified arborist. Retail or wholesale fertilizer sellers may sell products containing nitrogen and/or phosphorus to specialized turf managers or to operators of bona fide farm operations during the restricted period for use on specialized turf or for use at bona fide farm operations, respectively. Section Certification and Training. All commercial applicators and their supervisors, as well as government and institutional applicators, site supervisors and managers of professional landscape maintenance companies, government and institutional landscape supervisors, and any employee of a lawn and landscape maintenance company performing fertilizer application shall comply with the Rule Chapter 1-15 of the EPCHC. To be in compliance with the provisions of this Article, a copy of the appropriate certificate indicating the completion of the training and certification as required by Chapter 1-15 referenced herein shall be with an applicator at all times and provided to the City of Tampa representative such as a code enforcement officer or Public Works Department Stormwater Division staff upon request. A vehicle decal issued by the EPCHC Executive Director or other authorized organization indicating that the company is in compliance with the training and certification requirements of Chapter 1-15 of the EPCHC shall be affixed and maintained on the exterior of all vehicles used by the company in connection with landscape maintenance activities and/or the application of fertilizer within the area regulated by this Article. Section Retail Sale of Fertilizer Containing Nitrogen or Phosphorous. No person, firm, corporation, franchise, or commercial establishment shall sell, at retail, any lawn or landscape fertilizer, liquid or granular, within the City of Tampa that contains any amount of nitrogen or phosphorous during the restricted season from June 1 -September 30. Granular fertilizers containing nitrogen sold at retail within the City of Tampa shall contain no less than 50% slow release nitrogen per guaranteed analysis label. Displays of lawn and landscape fertilizers containing nitrogen or phosphorous shall not be allowed on the sales area of the retail store during the restricted season. Retailers shall post a notice provided by the City stating that the use of lawn and landscape fertilizers in the City of Tampa is restricted in accordance with this Article. Fertilizers sold within the City of Tampa shall meet the requirements set forth in Rule 5E (2), Florida Administrative Code, Labeling Requirements For Urban Turf

7 Fertilizers. Section I48 Enforcement and penalty. Violations of this Article may be enforced as provided for in Chapter 1 Section 1-6 and Chapter 23, Section of the City of Tampa Code of Ordinances. SECTION 2. Severability Clause. If any section, sentence, clause, phrase, or word of this Article is, for any reason, held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Article, and it shall be construed to be the legislative intent to pass this Article without such unconstitutional, invalid or inoperative part therein. SECTION 3. Effective Date. This Article shall become effective upon adoption by City Council. PASSED AND ORDAIN TAMPA, FLORIDA ON ATTEST: BOB BUCKHORN, MAYOR APPROVED AS TO LEGAL SUFFICIENCY BY: E/S JANICE M. MCLEAN ASSISTANT CITY ATTORNEY

8 ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO COLLEGE USE IN YBOR CITY, MAKING REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 27 (ZONING); AMENDING SECTION , OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the Land Development Coordination office to complete the following amendment to Chapter 27, Code of Ordinances; and, WHEREAS, the Hillsborough County City-County Planning Commission conducted a public hearing on this ordinance and made a finding that it is consistent with the Tampa Comprehensive Plan; and, WHEREAS, the City Council of the City of Tampa has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which public hearings all residents and interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Sec Historic district established." is hereby amended by adding the underlined language as follows: "Sec Historic district established. TABLE 8-1 SCHEDULE OF PERMITTED USES AND PERMISSABLE SPECIAL USES"' TABLE INSET: 'Legend: X -- Permitted principal use ts 1 -- Special use--zoning administrator review!32 -- 'Special use--city council review A -- Permitted accessory use blank 1- l~rohi bited use 1

9 Group B College bc k k bc bc Section 2. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict Section 4. That this ordinance shall take effect shall take effect on July 1, PASSED AND ORDAINED BY T TAMPA, FLORIDA, ON I JUN ATTEST: 2 33ll. CITY COUNCIL OF THE CITY OF MAN/-M C ~ COUNCIL Y APPROVED BY ME ON JUN BOB BUCKHORN, MAYOR APPROVED AS TO LEGAL SUFFICIENCY BY: E/S JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

10 ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO MICROBREWERY USE, MAKING REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 27 (ZONING); AMENDING SECTION 27-77, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; AMENDING SECTION , DEFINITIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the Land Development Coordination office to complete the following amendment to Chapter 27, Code of Ordinances; and, WHEREAS, the Hillsborough County City-County Planning Commission conducted a public hearing on this ordinance and made a finding that it is consistent with the Tampa Comprehensive Plan; and, WHEREAS, the City Council of the City of Tampa has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which public hearings all residents and interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Sec Official schedule of district regulations." is hereby amended by adding the underlined language as follows: "Sec Official schedule of district regulations. TABLE INSET: TABLE 4-1 SCHEDULE OF PERMITTED USES BY DISTRICT* S 1 S2 u Permitted principal use Special use--zoning administrator review Special use-city council review

11 A Blank -- /permitted accessory use bohibited use Section 2. That "Sec Definitions." is hereby amended by adding the underlined language as follows: "Sec Definitions. Manufacturing, light: An establishment whose principal purpose is the manufacturing, assembling, compounding, processing, packing, baling, repairing, storage or distribution of products made from previously prepared basic materials, such as bond, cloth, cork, fibre=, leather, paper, plastics, metals (not involving punch presses over fifty (50) tons rated capacity), stones, tobacco, wax, yarns, or wood (except where sawmills or planing mills are employed). Light manufacturing does not include microbrewery as otherwise defined in this Code. Examples of light manufacturing activities include: Adhesives Apparel and similar finished products Automatic merchandising and amusement machines Bakery goods, candy, ice cream and other food products Beverages, nonalcoholic Canvas goods Electric equipment for internal-combustion engines and hndred electric components and products Furniture, metal or wood Glass products Instruments, professional and scientific Jewelry; jewelers' findings and materials Leather products Luggage Musical instruments Novel ties Office equipment Orthopedic and medical appliances Paper products, small, such as envelopes, stationery, bags, boxes and wallpaper printing Photographic and optical goods Plaster of paris and paper-mache products Plastic products, but not including the processing of raw materials

12 Pottery, figurines and other ceramic products from previously prepared minerals and earth Radio, radar, television, electrical and electronic equipment Rubber products, excluding tires, from purchases rubber Small appliances Watches and clocks Wood products, provided that all operations and storage are within an enclosed building X-ray apparatus" Section 3. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict Section 5. That this ordinance shall take effect shall take effect on July 1, PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON JUN ATTEST: C~MANIG- CITY COUNCIL APPROVED AS TO LEGAL SUFFICIENCY BY: JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

13 ORDINANCE NO AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2); APPROVING A HELIPORT AN OP-1 (OFFICE PROFESSIONAL) ZONING DISTRICT IN THE GENERAL VICINITY OF 3001 WEST DR. MARTIN LUTHER KING JR. BOULEVARD, IN THE CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF; 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 a Special Use Permit (S-2) for the real estate situate, lying and being in the City oftampa, and as more particularly described as follows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow a heliport in an OP-1 (office professional) zoning district. Section 2. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 3. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 4. 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 5. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa

14 Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 6. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will promote 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 oftampa Code. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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. a law. Section 9. That this ordinance shall take effect immediately upon becoming PASSED AND ORDAINED BY TAMPA, FLORIDA ON ATTEST: CH~RMANIC-, CITY COUNCIL APPROVED by me on JUN PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

15 Application for Special Use II Clty of Tampa Land Development Coordination 306 East Jackson Street, 3E Tampa, FL (813) or (81 3) fax Leaal Description (use separate sheet if needed) - MUST BE TYPED & DO NOT ABBREVIATE : iee attachment

16 PROJECT AREA DESCRIPTION: A part of the Southeast onequarter of the Southwest one-quarter of Section 3, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Southwest one-quarter of the Southwest one-quarter of said Section 3; thence North 01'29'39.2" East 30 feet to a point on the Northerly right-of-way line of Buffalo Avenue; thence North 89"25'24.6 East 440 feet along said Northerly right-of-way; thence North 89O56'16.3" East feet along said Northerly right-of-way line to a point; thence from said point leave said North right-of-way line, due North feet to the beginning of a curve concave to the Southwest having a radius of feet; thence Northwesterly feet along the arc of said curve through a central angle of 24'01'33.3'' to a point of reverse curvature, said point being the beginning of a curve concave to the Northeast having a radius of feet; thence Northwesterly feet along the arc of said curve through a central angle of 24" " to the end of said curve; thence due North feet to the beginning of a curve concave to the Southwest having a radius of feet; thence Northwesterly feet along the arc of said curve through a central angle of 78'41'36.3 to the end of said curve; thence North 78'41'38.3" West feet to the POINT OF BEGINNING; thence continue North 78" " West, feet to the beginning of a curve concave to the Northeast having a radius of feet; thence Northwesterly feet along the arc of said curve through a central angle of 50'25'46" to the end of said curve; thence North 28'15'50.3" West feet; thence North 46O49'40.6 East feet; thence South 43'5411.9" East, feet; thence South 45O42'53.5" West feet to the Point of Beginning. Parcel contains acres more or less. EXHIBIT "A"

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

18 ORDINANCE NO AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2); APPROVING PARKING, OFF-STREET, COMMERCIAL IN AN RS-50 (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT IN THE GENERAL VICINITY OF 4500 NORTH NEBRASKA AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF; 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 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 parking, off-street, commercial in an RS-50 (residential single-family) zoning district. Section 2. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 3. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation ofthis Special Use Permit. Section 4. 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 5. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa

19 Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 6. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will promote 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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. a law. Section 9. That this ordinance shall take effect immediately upon becoming PASSED AND TAMPA, FLORIDA ON, - / N ATTEST: BOB BUCKHORN, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY V11-174

20 REVISED LEGAL DESCRIPTION LOT 18, BLOCK I, AND THE VACATED ALLEY ADJOINING ON THE EAST AND TOGETHER WITH THE SOUTH X OF VACATED ALLEY ADJOINING ON THE NORTH, ALL IN MARIETTA, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 26, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. EXHIBIT "A

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

22 ORDNANCE NO AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 2616 SOUTH MACDILL AVENUE AND 3008 WEST BARCELONA STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) PD (PLANNED DEVELOPMENT, RESTAURANT, RETAIL, PRINCIPAL PARKING-COMMERCIAL) TO PD (PLANNED DEVELOPMENT, RESTAURANT, RETAIL, PRINCIPAL PARKING-COMMERCIAL); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 31 5 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real property described in Section 1 ofthis 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 PD (planned development, restaurant, retail, principal parking-commercial) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, restaurant, retail, principal parking-commercial), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the abovedescribed 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 filly 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 PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development ofthe 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

23 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 Section 6. 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 ORDAINED BY HE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON jun 2 3 2[1& ATTEST: APPROVED by me on 'JUN PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY:, I E/S JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

24 I Application to Rezone City of Tampa Land Development Coordination 306 East Jackson Street, 3E Tampa, FL (813) or 8403 (81 3) fax eaal Description (use separate sheet if needed) - MUST BE TYPED & DO NOT ABBREVIATE ;.ots 12,13, and 14, Block 42, PALMA CEIA PARK, according to map or plat thereof IS recorded in Plat book4 page 58, Public records of Hillsborough County, Florida. and Lot 4 block43, PALMA CEIA PARK, according to map or ptat thereof as recorded in Plat Book 4, Page 58, Pubiic Records of ~lllsborough county, Florida. Citv of Tampa RIght of UJay & Mapping Sectlon l GAl DESCRIPTION APPROVED

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

26 AN ORDINANCE REPEALING ORDINANCE NO ; 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) - FOR CONSUMPTION ON THE PREMISES AND IN SEALED CONTAINERS FOR CONSUMPTION OFF THE PREMISES ON THAT CERTALN LOT, PLOT OR TRACT OF LAND LOCATED AT 2616 SOUTH MACDILL AVENUE AND 3008 WEST BARCELONA STREET, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 3 HEREOF; 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 November 4, 2010, by the City Council of the City of Tampa, Florida, the sale of beverages containing alcohol regardless of alcoholic content - beer, wine, and liquor - (4-COP) - for consumption on the premises and in sealed containers for consumption off the premises on that certain lot, plot or tract of land located at 2616 South MacDill Avenue, Tampa, Florida; and 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. entirety. That Ordinance No is hereby repealed in its

27 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 - small venue. Section 4. That the sale of beverages containing alcohol regardless of alcoholic content- beer, wine and liquor - (4-COP) - for consumption on the premises and in sealed containers for consumption off the premises, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 2616 South MacDill Avenue and 3008 West Barcelona Street, 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, including any waivers provided therein, 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 ofthis Special Use Permit. 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 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 11. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed.

28 Section 12. becoming a law. That this Ordinance shall take effect immediately upon PASSED AND OF TAMPA, FLORIDA, ON IRMANI CITY COUNCIL ATTEST: V APPROVED BY ME ON jun 2 20" PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: REBECCA M. KERT ASSISTANT CITY ATTORNEY Vl l (4-COP) - Datz Restaurant Group, LLC S. MacDill Ave-3008 W. Barcelona St [SV-Repeal Ord]

29 Appllcatlon for Special Use - Alcoholic Beverages City of Tampa Land Development Coordination 306 East &&son Street, 3E Tamp., Fi33602 (813) or 8403 (813) 27K5'06 lax Yut-Out" Legal LEGAL DESCRIPTION: PART OF LOTS 12-14, BLOCK 42, PALMA CElA PARK, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 58, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. : BEING MORE PARTiCULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAlD LOT 14, RUN THENCE N.~OoOO'OO"W. ALONG THE SOUTH BOUNDARY OF SAlD LOT 14 ALSO KNOWN AS THE NORTHERLY RIGHT OF WAY LINE OF 8qRCELONA STREET, A DISTANCE OF FEET, THENCE DEPARTING SAlD SOUTH BOUNDARY OF LOT 14, N.OOOOO'OO"E.. A DISTANCE OF FEET TO THE POINT OF BEGINNING, RUN THENCE N.8g028'42'W., A DISTANCE OF FEET, THENCE N.00 32'59"E., A DISTANCE OF FEET, THENCE S.8ga27'23"E., A DISTANCE OF 1.65 FEET, THENCE N.00e32'59"E., A DISTANCE OF FEET, THENCE S.8go27'23"E., A DISTANCE OF FEET, THENCE S.00m32'53'W., A DISTANCE OF FEET, THENCE S,89'27'23"E., A DISTANCE OF FEET, THENCE S.00 32'57"W., A DISTANCE OF FEElTO THE POINT OF BEGINNING. SAlD PARCEL CONTAINS 9,639 SQ.FT ACRES MORE OR LESS. Rlght-of-Way Seaion # j-~, e Legal Description Is correct 'Case Number: Approved by (ROW Staff): *tlaspage: & 1 d 3

30 I I I I I I I I I I I I LOT 11 LOT 10 1 LOT 9 I 1 LOT 8 I I I I I B LOT 15 BA RCSLONA b TREE T

31 I I. THE UNDERSIGNED PR0FESSK)HAL SURVEYORAnOHAPPER HEREBY CUmFY LOTS 12.t4 BU)U 42. PALWACEM PARK ACCORDIH; TO MAP W T TUIS SKETCH OF UC:SCRIPTION H146 PREPARE0 WDER WOWECT OR PUT -OF AS REU)RDEOIH PLAT BOOK 4. PAGE 50. SUPFRVISION. TIUT TO THE BESTOF MY KNOWEWE INFOWTION AND BELIEF PUeUC RECOROSOF UILLSBORWGW COUNV. FLORIM FlRlER CERnFY THAT I HAM M E A VlSW IHSPECTlON OF TWlS PROPERlY 1) PROPERTY OWVISHP INFORMAnON OBTAINED FROM HILLSBOROUGH COUW PRORRTY APPRAlSER.5 OFFCE SITE FROM RESIDENlL4LLY ZONED PROPERTY MAS BEENME AND IS IIIOlCA'ED IN A SnUIGM-LINE DISTANCE AS REOUlRED FOR M E SRCFK: ALCOHOUC BEMRAGE PEMClASSlFICATION IN WE CASE WERE AN UCOWLIC This is NOT a Boundary Survey.

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

33 ORDINANCE NO g/ AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 4333 WEST HILLSBOROUGH AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RS-50 (RESIDENTIAL SINGLE-FAMILY) AND CI (COMMERCIAL INTENSIVE) TO CI (COMMERCIAL INTENSIVE); 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 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 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 CI (commercial intensive) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION CI (commercial intensive), 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 hlly described and set out herein. Section 2. That approval of this rezoning 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 rezoned site. Section 3. That approval of this rezoning shall not release the PetitionerIOwner fi-om 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 Code, as such sections relate to the actual permitting and development of the rezoned site.

34 Section 5. extent of any conflict. That all ordinances in conflict herewith are repealed to the Section 6. 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. That this ordinance shall take effect immediately upon becoming a law. PASSED AND ORDAINED BY CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON JUN 2 3 2oTP oj& ATTEST: c ~ I R M A N I ~. CITY COUNCIL APPROVED by me on JUN PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: BOB BUCKHO~, MAYOR JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

35 Application for Rezoning CIty of Tamp land lhvdopmrnt Coordlnat!on 306 Qat Jrdwn Street, 3L hmprc FL s or 8403 (813) 17C77Wfax Appll.cation Number: LEGAL DESCRIPTION (use sedarate sheet if needed) MUST BE TYPED & DO NOT ABBREVIATE: LEGAL DESCRIPTION:.. -. THE WEST FEET OF THE SOUTH 1/3 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA, LESS THE WEST 20.0 FEET FOR A DRAINAGE CANAL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WEST LlNE OF THE SOUTHWEST 114 OF SAlD SECTION 33 AND THE NORTH RIGHT-OF-WAY LlNE OF STATE ROAD NO. 580 (HILUBOROUGH AVENUE); THENCE RUN S89'30t23"E ALONG SAlD RIGHT-OF-WAY LlNE FOR FEET TO THE POINT OF BEGINNING; THENCE RUN N0 31'47"E PARALLEL WITH THE WEST LlNE OF THE SOUTHWEST 1/4 OF SAlD SECTION 33 FOR FEET; THENCE RUN S8V55'49"E FOR FEET; THENCE RUN SO"3lP47"W PAR~LEL WITH THE WEST LlNE OF THE SOUTHWEST 1/4 OF SAlD SECTION 33 FOR FEETTO A POINT ON THE NORTH RIGHT-OF-WAY LlNE OF STATE ROAD NO. 580 (HIILSBOROUGH AVENUE); THENCE RUN N8g030'23'W ALONG SAlD ~IGHT-OF-WAY LlNE FOR FEET TO THE POINT OF BEGINNING. CONTAINING 54, SQ. FT. OR ACRES MORE OR LESS. CIQ of Tampa Right of Way 6 Mapplng Sectlon LEGAL DESCRIPTION WPROVED

36 ORDINANCE NO %Z AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3403 WEST GANDY BOULEVARD, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) PD (PLANNED DEVELOPMENT, RESIDENTIAL SINGLE-FAMILY ATTACHED) TO CI (COMMERCIAL INTENSIVE); 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 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 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 PD (planned development, residential single-family attached) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION CI (commercial intensive), 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 hlly described and set out herein. Section 2. That approval of this rezoning 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 rezoned site. Section3. That approval of this rezoning 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 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 Code, as such sections relate to the actual permitting and development of the rezoned site.