ORDINANCE NO _g~

Transcription

1 l ORDINANCE NO _g~ AN ORDINANCE REPEALING ORDINANCE NO. 929-A; APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - LARGE VENUE (CONSUMPTION ON PREMISES ONLY) AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT - BEER, WINE AND LIQUOR - ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 0-11 NORTH FRANKLIN STREET AND 02 NORTH FLORIDA A VENUE, TAMP A, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 3; THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority contained in Ordinance No A, passed and ordained on September 24, 198, by the City Council of the City of Tampa, Florida, the sale of beverages containing alcohol of more than 1 % by weight - beer and wine - 2(COP-X) - for consumption on premises only at or from that certain lot, plot or tract of land located at 11 North Franklin Street, 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, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMP A, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. entirety. That Ordinance No. 929-A is hereby repealed m its AB BWL Version I

2 JO 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 DESCRIPTlON: "A"), (Attached hereto and made a part hereof as Exhibit is hereby approved to allow alcoholic beverage sales - (consumption on premises only). large venue Section 4. That the sale of beverages containing alcohol regardless of alcoholic content - beer, wine and liquor - in association with a large venue (consumption on premises only), shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 0-11 North Franklin Street and 02 North Florida A venue, 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 of this Special Use Permit. Section. 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 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, 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, City of Tampa Code. Section 10. That, pursuant to Florida Statutes Section , the issuance of this approval does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to AB BWL Version I

3 I obtain requisite approvals or fulfill the obligations imposed by a state or federal 2 agency or undertakes actions that result in a violation of state or federal law. 3 4 Section 11. That, pursuant to Florida Statutes Section , all other 5 applicable state or federal permits must be obtained before commencement of the 6 development. 8 Section 12. That if any part of this ordinance shall be declared 9 unconstitutional or invalid by a court of competent jurisdiction, the remaining 10 provisions, at the City of Tampa's election, shall remain in full force and effect Section 13. That all ordinances or parts of ordinances in conflict 13 herewith are, and the same are hereby repealed. Further, all prior alcoholic 14 beverage sale approvals inconsistent with this approval are hereby repealed and 15 void Section 14. That this Ordinance shall take effect immediately upon 18 becoming a law PASSED AND ORDAINED BY THE CITY COUN IL OF THE CITY 22 OF TAMPA, FLORIDA, ON --=<>...J'-----'-..,_.,_,,,, CHAIRMAN/ ~~~-;\..p...hlfh-t=,-fr,m 28 CITY COUNCIL ATTEST: APPROVED BY ME ON MAR BOBBUCKHORN,MAYOR PREPARED BY AND APPROVED 44 AS TO LEGAL SUFFICIENCY: E/S 48 ERNEST MUELLER 49 ASSISTANT CITY ATTORNEY 50 AB2-l 5-l 9 _(BWL_on premises)_ Tampa Theatre_0 North Franklin Street AB2-15-l9 BWL Version I

4 ... Application for Special._..,e-2 Alcoholic Beverages City oftampa Land Development Coordination 10 North Boulevard Tampa, FL 3360 (813) Application Number. /lb Z _ (S, { 1 "Cut-Out" Legal EXHIBITB-2 CUT-OUT PARCEL: LEGAL DESCRIPTION (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVIATE: THE BASEMENT LEVEL OF AN EXISTING 10 STORY BUILDING LOCATED AT 11 NORTH FRANKLIN STREET LYING IN A PORTION OF LOTS 2 AND 3, BLOCK 3, GENERAL MAP OF TAMPA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 21 00'00" EAST ALONG THE WESTERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE NORTH 69 15'02" EAST, A DISTANCE OF FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2; THENCE SOUTH 20 59'34" EAST ALONG THE EASTERLY BOUNDARY OF SAID LOTS 2 AND 3, A DISTANCE OF FEET; THENCE SOUTH 69 00'00" WEST, A DISTANCE OF FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 3; THENCE NORTH 21 00'00" WEST ALONG THE WESTERLY BOUNDARY OF SAID LOTS 2 AND 3, A DISTANCE OF FEET TO THE POINT OF BEGINNING. TOGETHER WITH SEE SHEET 2 FOR CONTINUATION OF LEGAL DESCRIPTION Surveyor's~ Name: / :...-::; State Certificate #: PSM # 5455 State of Florida Date l Sie,il_: 06/30/20).!, - : legal Description is correct & com~~~ Approved by (ROW Staff): _ ~~ LDC/Right-of-Way Section -----,J~~- Atlas Page: Date of approval: EXHIBIT "A" ' - ~L ]O.+ :J

5 SHEET2 CUT-OUT PARCEL DESCRIPTION CONTINUED THE FIRST FLOOR OF AN EXISTING 2 STORY ANO 10 STORY BUILDING LOCATED AT 11 NORTH FRANKLIN STREET LYING IN LOT 1 AND A PORTION OF LOTS 2 AND 3, BLQGK 3, GENERAL MAP OF TAMPA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH " EAST ALONG THE WESTERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE NORTH " EAST, A DISTANCE OF FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2; THENCE NORTH " WEST ALONG THE EASTERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE NORTH W15'02" EAST ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH " EAST ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 69 14'15 WEST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 20.59'34" EAST ALONG llle EASTERLY BOUNDARY OF SAID LOT 3, A DISTANCE OF 1.15 FEET; THENCE SQUIB " WEST, A DISTANCE OF FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 3; THENCE NORTH 21 00'00" \'VEST ALONG THE WESTERLY BOUNDARY OF SAID LOTS 2 AND 3, A DISTANCE OF FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE SECOND FLOOR OF AN EXISTING 2 STORY AND 10 STORY BUILDING LOCATED AT 11 NORTH FRANKLIN STREET LYING IN LOT 1 AND A PORTION OF LOTS 2 AND 3, BLOCK 3, GENERAL MAP OF TAMPA. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE, OF Tf-E PUBLIC RECORDS OF HIUSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 21 oo'oo" EAST ALONG llle WESTERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF FEET; THENCE NORTH 69"15'02" EAST, A DISTANCE OF FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 59 15'02" EAST ALONG SAID LINE, A DISTANCE OF FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2; THENCE NORTH 20"59'34" WEST ALONG THE EASTERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE NORTH 69 15'02" EAST ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 20 59'09" EAST ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 69"14'15'' WEST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 20"59'34" EAST ALONG THE EASTERLY BOUNDARY OF SAID LOT 3, A DISTANCE OF 1.15 FEET; THENCE SOUTH 69 00'00" WEST, A DISTANCE OF 1.05 FEET; THENCE NORTH 20 44'58" WEST, A DISTANCE OF FEET TO THE POINT OF BEGINNING.

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

7 ORDINANCE NO _g 1 AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL VENUE (CONSUMPTION ON PREMISES ONLY) AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT - BEER, WINE AND LIQUOR - ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 119 & 123 W. KENNEDY BLVD., TAMPA, FLORIDA AND 112 & 114 NORTH A STREET, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2; THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, pursuant to City of Tampa ("Tampa") Code Section - 18 (b)(2) requests for certain specified uses and occupancies involving matters 19 deemed to be of city-wide or area-wide importance must be submitted to the City 20 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 estat e described in Section 1 of this ordinance under the terms and provisions of Chapter, City of Tampa Code. NOW, THEREFORE, 31 BE IT ORDAINED BY THE CITY COUNCIL 32 OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as 36 if fully set forth herein Section 2. That a Special Use Permit (S-2) for the real estate situate, 39 lying and being in the City of Tampa, and as more particularly described as follows: 41 LEGAL DESCRIPTION: 42 "A"), 43 (Attached hereto and made a part hereof as Exhibit 44 is hereby approved to allow alcoholic beverage sales - small venue 45 ( consumption on premises only) Section 3. That the sale of beverages containing alcohol regardless of 48 alcoholic content - beer, wine and liquor - in association with a large venue 49 (consumption on premises only), shall be permitted and is hereby made lawful at 50 or from that certain lot, plot or tract of land located at 119 & 123 W. Kennedy AB BWL Version I

8 Blvd., Tampa, Florida and 112 & 114 North A Street, Tampa, FL, and as more 2 particularly described in Exhibit "A", attached hereto and incorporated herein by 3 reference, as if fully set forth herein Section 4. That said Special Use Permit (S-2) and all construction and use of the above-described property shall be controlled by the approved, certified site development plan, including any waivers provided therein, a copy of which is attached hereto and by reference made a part hereof as Exhibit "B". Section 5. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 6. That approval of this Special Use Permit (S-2) shall not release the Petitioner/Owner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 8. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter, 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, City of Tampa Code. Section 9. That, pursuant to Florida Statutes Section , the issuance of this approval does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 10. That, pursuant to Florida Statutes Section , all other applicable state or federal permits must be obtained before commencement of the development. Section 11. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 12. That all ordinances or parts of ordinances in conflict herewith are, and the same are hereby repealed. Further, all prior alcoholic AB BWL Version I

9 beverage sale approvals inconsistent with this approval are hereby repealed and 2 void. 3 Section 13. That this Ordinance shall take effect immediately upon 4 becoming a law PASSED AND ORDAINED BY THE CITY COUNCIL OF TAMPA, FLORIDA, ON --~~+-+-+H.:ut ATTEST: CHAIRMAN/GWAIRMA~t PRO IBM CITY COUNCIL ~'~ APPROVEDBYMEON_M_AR_ 2 l PREPARED BY AND APPROVED 30 AS TO LEGAL SUFFICIENCY: E/S 34 SHAUN AMARMANI 35 ASSIST ANT CITY ATTORNEY ~~ BOBBUCKHORN,MAYOR AB _(BWL_on premises_only)_ducky's of South Tampa, LLC_ l19 & 123 W. Kennedy Blvd; 112 & 114 North A Street AB BWL Version I

10 Application for Special Use-2 Alcoholic Beverages City of Tampa Land Development Coordination 10 North Boulevard Tampa, FL 3360 (813) A,ol<,o,.., N=b c - ~ 11 Cut-Out" Legal I I I 2f f ~ "~ ~ I I i i! LEGAL DESCRIPTION (use separate sheet if needed) MUST BE TYPED & DO NOT ABBREVIATE: A PORTION OF LOTS 18 AND THE EAST 4.6 FEET OF LOT 1, BLOCK 8, CORRONELLA. ACCORDING TO TliE MAP OR PLAT THEREOF Af, RECORDED IN PLAT BOOK 2, PAGE 58, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY. FLORI DA, BEING MORE f:>articularl Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORN ER OF SAID LOT 18; THENCE N.00 34'22"W., ALONG THE EAST LINE OF SAID LOT 18, A DISTANCE OF.88 FEET; THENCE S.89.44'41"W. A DISTANCE OF 2.00 FEET TO THE POINT OF BEGINNING; THENCE S.89"32'14"W. A DISTANCE OF FEET: THENCE N.00 '46"W. A DISTANCE OF FEET; THENCE s.as w., A DISTANCE OF FEET; THENCE N.00 '46"W., A DISTANCE OF FEET; THENCE N.89 32'14"E., A DISTANCE OF FEET; THENCE S.00"'46"., A DISTANCE OF FEET;THENCE S.89 32'14"W., A DISTANCE OF 0.0 FEET; THENCE S.00 '46"E., A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING 5,596 SQUARE FEET OR ACRES. MORE OR LESS. AREA TABULATJON INSIDE SEATING AREA SQ. FT. OUTSIDE SEAT! NG AREA 390 SQ. FT. TOTAL AREA SQ. FT. Surveyor's Name:.Milton R Gill State Certificate II: State of Florida.545,.,_5 Date & Seal:.. 1 /1.8L16 Legal Descrfptlon is correct & Approved by (ROW Staff): LDC/Right of-way Section Atlas Page: ~- { _ Date of approvc1i : I Exhibit../\

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

12 I 2 ORDINANCE NO gg 3 AN ORDINANCE APPROVING A SPECIAL USE PERMIT 4 (S-2) FOR ALCOHOLIC BEVERAGE SALES - SMALL 5 VENUE (CONSUMPTION ON PREMISES ONLY) AND 6 MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOLIC CONTENT - BEER, 8 WINE AND LIQUOR - ON THAT CERTAIN LOT, PLOT 9 OR TRACT OF LAND LOCATED AT 253 WESTSHORE 10 PLAZA, SPACE #C39, TAMPA, FLORIDA, AS MORE 11 PARTICULARLY DESCRIBED IN SECTION 2; THAT 12 ALL ORDINANCES OR PARTS OF ORDINANCES IN 13 CONFLICT ARE REPEALED; PROVIDING AN 14 EFFECTIVE DATE WHEREAS, pursuant to City of Tampa ("Tampa") Code Section - 1 (b)(2) requests for certain specified uses and occupancies involving matters 18 deemed to be of city-wide or area-wide importance must be submitted to the City 19 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, F lorida, relating to approval of the special-use permit for the real estate described in Section I of this ordinance under the terms and provisions of Chapter, City of Tampa Code. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: 34 Section I. That the recitals set forth above are hereby incorporated as 35 if fully set forth herein Section 2. That a Special Use Permit (S-2) for the real estate situate, 38 lying and being in the City of Tampa, and as more pat1icularly described as follows: 39 (Attached hereto and made a patt hereof as Exhibit LEGAL DESCRIPTION:.. ;\''), 43 is hereby approved to allow alcoholic beverage sales - small venue 44 ( consumption on premises only) Section 3. That the sale of beverages containing alcohol regardless of 4 alcoholic content - beer, wine and liquor - in association with a small venue 48 (consumption on premises only), shall be permitted and is hereby made lawful at 49 or from that certain lot, plot or tract of land located at 253 Westshorc Plaza, Space 50 J\ WL Version 2-1-

13 I #C39, Tampa, Florida, and as more particularly described in Exhibit "A", 2 attached hereto and incorporated herein by reference, as if fuhy set forth herein II 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, ce11ified site development plan, including any waivers provided therein, a copy of which 1s attached hereto and by reference made a part hereof as Exhibit "B". Section 5. That said Special Use Permit (S-2) is subject to a build-out deadline of two years from the effective date hereof. Failure to meet this deadline shall result in cancellation of this Special Use Permit. Section 6. That approval of this Special Use Permit (S-2) shall not release the Petitioner/Owner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the above-described use site. Section. That the approval of this Special Use Permit (S-2) shall not release petitioner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the abovedescribed site. Section 8. Based on the evidence contained in the record of the proceedings, it is hereby found that the proposed special use herein approved will ensure the public health, safety and general welfare, complies with all required regulations and standards of Chapter, 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, City of Tampa Code. Section 9. That, pursuant to Florida Statutes Section , the issuance of this approval does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 10. That, pursuant to Florida Statutes Section , all other applicable state or federal permits must be obtained before commencement of the development. Section 11. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 12. That all ordinances or parts of ordinances in conflict herewith are, and the same arc hereby repealed. Further, all prior alcoholic beverage sale approvals inconsistent with this approval are hereby repealed and void. AB2- I 6-09 BWL Version

14 I Section 13. That this Ordinance shall take effect immediately upon 2 becoming a law PASSED AND ORDAINED BY TIIE CITY COUNCI OF TAMPA, FLORIDA, ON ~'*-f-f--+h~- ++- ATTEST: CI IAIRMAN/CI IAIRMA}l PRO TEM CITY COUNCIL APPROVED BY ME ON MAR BOBBUCKHORN,MAYOR 25 PREPARED BY AND APPROVED 28 AS TO LEGAL SUFFICIENCY: EIS 32 REBECCA M. KERT 33 SENIOR ASSISTANT CITY ATTORNEY /\ _(BWL_on premises only)_glimchcr \Vestshore LLC 253 Westshorc Plan. Space#C39_ V A BWL Version 2-3-

15 Application for Special Use-2 Alcoholic Beverages Application Number: A City oftampa Land Development Coordination 10 North Boulevard Tampa, FL 3360 (813) "Cut-Out" Legal CUT-OUT PARCEL LEGAL DESCRIPTION (use separate sheet if needed} MUST BE TYPED & DO NOT ABBREVIATE: THE FIRST FLOOR OF A TWO STORY BUILDING LOCATED AT 253 WESTSHORE PLAZA SPACE# C39, BEING MORE PARTICULARLY DESCRIBED AS: A TRACT IN THE NORTH 1/2 OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF OCCIDENT STREET AS SHOWN ON THE PLAT OF HANAN PARK, REVISED UNIT NO. 1 SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 14, ON PAGE 44 PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, WITH THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 60 (KENNEDY BOULEVARD) AS IT CURRENTLY EXISTS; THENCE NORTH 00 48'48" EAST, ALONG THE SAID WEST RIGHT OF WAY LINE OF OCCIDENT STREET, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 58'19'' WEST, A DISTANCE OF.60 FEET; THENCE NORTH 43 58'19" WEST, A DISTANCE OF FEET;THENCE NORTH 01 01'41" EAST, A DISTANCE OF FEET; THENCE SOUTH 88 58'19" EAST, A DISTANCE OF FEET; THENCE NORTH '41" EAST, A DISTANCE OF FEET; THENCE SOUTH 88 58'19" EAST, A DISTANCE OF FEET; THENCE SOUTH '41" WEST, A DISTANCE OF 48.0 FEET; THENCE NORTH 88 58'19" WEST, A DISTANCE OF FEET; THENCE NORTH '41" EAST, A DISTANCE OF 6.00; THENCE NORTH 88 58'19" WEST, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING 2,918 SQUARE FEET OR ACRES, MORE OR LESS. AREA TABULATION INSIDE AREA - 2,33 SQ. FT. OUTSIDE AREA-185 SQ. FT. TOTAL AREA- 2,918 SQ. FT. City of Tampa Right of Way & Mapping Section LEGAL DESC~IPTION APPROVED File #: Auz.11;.Qoc-0000 Atlas:,.od By: '"""'",,,<d, Date: 01k9W> G State Certifl~ate #: PSM :: 5455 State of Florida Date&Seal: /0/2015 Legal Description is correct & complete: Approved by (ROW Staff): LDC/Right-of-Way Section Atlas Page: Date of approval:... A. ll Exhlblt.---'I"\~

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

17 After Recording, Return to: City of Tampa Office of the City Clerk 315 East Kennedy Blvd Old City Hall, 3rn Floor Tampa, Florida Ref; VAC16-06 ORDINANCE NO AN ORDINANCE VACATING, CLOSING, DlSCONTINUING AND ABANDONING A PORTION OF 25TH STREET LYING SOUTH OF 2ND AVENUE, NORTH OF FRANK ADAMO DRIVE, EAST OF 24TH STREET AND WEST OF TH STREET, IN THE CllY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE FULLY DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN EASEMENT RESERVATIONS, COVENANTS, CONDITIONS AND RESTRICTIONS MORE PARTICULARLY SET FORTH HEREIN ; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition under City Clerk file number VAC16-06 has been submitted by the City of Tampa (hereinafter "Petitioner"), asking that a certain right-of-way more particularly described in Section 1 hereof be vacated, closed, discontinued and abandoned; and, WHEREAS, City Council, having duly held two public hearings and having been presented with competent and substantial evidence on the merits of the petition, finds that vacating of the subject right-of-way with conditions set forth below is in the general public interest, and that all requirements provided by law have been complied with. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: NOW, THEREFORE, Section 1. That the right-of-way more particularly described in Exhibit "A", attached hereto and made a part hereof, be and the same is hereby vacated, closed, discontinued and abandoned, and that the right of the City of Tampa and of the public in and to same is hereby renounced, released, and disclaimed, subject, however, to the following easement reservations: a. Permanent City of Tampa Wastewater Easement: A permanent, non-exclusive easement in, on, under, over and across the entire length and width of the right-of-way vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this reference ("Permanent Wastewater Easement") for the use and benefit of the City of Tampa, and its successors and assigns for the installation, operation, repair, reconstruction and maintenance of and access to sanitary sewer facilities and all appurtenances thereto. Said Permanent Wastewater Easement is reserved for sanitary sewer facilities that are now existing or are hereafter installed or located on, beneath, or above the surface of the land subject to the easement, and shall include a full right of ingress and egress thereto and over, across, under and through the easement. 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

18 1 standards of the City of Tampa for public rights-of-way. The City of Tampa shall have no 2 responsibility to restore any private structures, buildings, improvements or landscaping 3 disturbed or damaged as a result of such construction, repair, maintenance or reconstruction 4 activities. No improvements or structures, permanent or temporary (other than pavement 5 and curbing), shall be constructed and no landscaping (other than grass and low shrubbery) 6 shall be installed on the land subject to this easement; however, fencing may be installed on the land subject to this easement upon written consent from the Director of the City of 8 Tampa Wastewater Department. No trees of any kind may be planted within this easement. 9 For so long as this easement exists, construction plans for any proposed improvements 10 within the vacated right-of-way must be submitted to the City of Tampa, Wastewater 11 Department for approval prior to construction. Said plans must show the existing pipe and 12 proposed improvements b. Permanent Public Transportation Easement: A permanent, non-exclusive 15 easement in, on, under, over and across the entire length and width of the right-of-way 16 vacated hereby as described in Exhibit "Bn attached hereto and incorporated herein by this 1 reference ("Transportation Easement") for the vehicular and pedestrian use and benefit of 18 the general public and the City of Tampa or assigns, including the maintenance of traffic and 19 pedestrian signals and appurtenances. This easement interest may be assigned by the City 20 to a proper local, state or federal public transportation agency. No permanent or temporary 21 structures (other than pavement or curbing) shall be allowed to be constructed on, in, over or 22 under, the land subject to this Transportation Easement. This Transportation Easement shall 23 not be obstructed or blocked and must remain open to pedestrian and vehicular traffic at all 24 times. 25 c. Permanent Verizon Easement: A permanent, non-exclusive easement in, on, under, over and across the entire length and width of the rights-of-way vacated hereby as 28 described in Exhibit "A" attached hereto and incorporated herein by this reference for the 29 use and benefit of Verizon Florida, Inc., and its successors or assigns for the installation, 30 operation, repair, reconstruction and maintenance of and access to telecommunication 31 facilities ("Permanent Verizon Easement"). Said Permanent Verizon Easement is reserved for 32 facilities either principally used for, or appurtenant to, furnishing telecommunication services 33 installed or located on, beneath or above the surface of the land subject to this Permanent 34 Verizon Easement, and shall include full right of ingress and egress thereto and over, across, 35 under and through the Permanent Verizon Easement. Unless otherwise agreed to by the 36 Petitioners and Verizon, any relocation of Verizon facilities at the request by Petitioner shall 3 be at the sole cost and expense of Petitioner. No improvements or buildings, permanent or 38 temporary (other than pavement and curbing), shall be constructed and no landscaping 39 {other than grass and low shrubbery) shall be installed on the land subject to this easement without the prior written consent of Verizon d. Permanent TECO Easement: A permanent, non-exclusive easement in, on, 43 under, over and across the entire length and width of right-of-way vacated hereby as 44 described in Exhibit "A" attached hereto and incorporated herein by this reference ("TECO 45 Easement") for the use and benefit of Tampa Electric Company ("TECO"), and its successors 46 or assigns for the installation, operation, repair, reconstruction and maintenance of and 4 access to facilities for the transmission of electricity. Said TECO Easement is reserved for 48 facilities which are installed or located on, beneath or above the surface of the land subject 49 to this easement and are either principally used for, or appurtenant to, furnishing the 50 transmission of electricity. Said TECO Easement shall further include full right of ingress and 51 egress thereto and over, across, under and through the easement. 52 2

19 1 e. Permanent Bright House Networks Easement: A permanent, non-exclusive 2 easement in, on, under, over and across the entire length and width of the) right-of-way 3 vacated hereby as described in Exhibit "A" attached hereto and incorporated herein by this 4 reference ("Permanent Bright House Networks Easement") for the use and benefit of Bright 5 House Networks, and its respective successors or assigns for the installation, operation, 6 repair, reconstruction and maintenance of and access to cable television and communication facilities. This easement shall include full right of ingress and egress thereto 8 and over, across, under and through the Permanent Bright House Networks Easement Section 2. Release of Easement: The easements reserved herein may be 11 released by the City of Tampa, or by submitting a request for Release of Easement with the 12 City in that manner prescribed by the Standard Requirements and Procedures maintained by 13 the City of Tampa Planning and Development Department, or as may otherwise be provided 14 by law. The City shall review any properly submitted request for Release of Easement, but 15 shall only grant the release upon an affirmative conclusive determination by the City that the 16 easement is no longer required for the reserved purpose. A Release of Easement shall be 1 evidenced by recording in the Office of the Clerk of the Circuit Court of Hillsborough County, 18 Florida Section 3. Title to Underlying Real Property: That if the City of Tampa holds fee 21 title to the right-of-way vacated hereby, or any portion thereof, the vacation of the right-of-way 22 described in Exhibit "A" attached hereto shall not affect the status of that title. Any transfer 23 of the City of Tampa's fee interest, if any, in the right-of-way vacated hereby must be 24 negotiated through the City of Tampa's Real Estate Division in accordance with the City of 25 Tampa 's Land Disposition Policy as the same may be amended from time to time. Section 4. Compliance with City of Tampa Landscaping, Tree Removal and Site 28 Clearing Ordinance: That all development of the right-of-way parcel vacated hereby is at all 29 times subject to compliance with City of Tampa Code of Ordinances, Chapters 13 and, 30 Landscaping, Tree Removal and Site Clearing, as may be amended from time to time Section 5. Compliance with Conditions: That the vacation of the right-of-way 33 described in Exhibit "A" attached hereto is expressly conditioned upon the compliance with 34 and fulfillment of all terms and conditions contained herein, which terms and conditions 35 shall be deemed covenants running with the land. In the event that Petitioner fails to comply 36 with these Ordinance conditions, then this Ordinance shall be deemed automatically null and 3 void and the right-of-way shall revert to its former use as public right-of-way. Petitioner shall, 38 at its sole cost and expense, promptly restore the right-of-way to the same condition that 39 existed at the time of the vacating of said right-of-way. 41 Section 6. Severability: That if any part of this ordinance shall be declared 42 unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this 43 ordinance shall remain in full force and effect Section. Recording: That the City Clerk shall record a copy of this Ordinance in 46 the Office of the Clerk of the Circuit Court of Hillsborough County, Florida Section 8. Effective Date: That this Ordinance shall take effect immediately 49 upon becoming a law

20 , PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON MAR Approved as to Form: E/S JULIE HARDY ASSISTANT CITY ATTORNEY BOB BUCKHORN, MAYOR K:\Julie Hardy\Right of Way - Mapping\VACATIONS\VAC16-06\VAC16-06 Ordinance sub.doc MAR

21 All that portion of 25 1 h Street lying East of and abutting the East boundary of Block 39, and lying West of and abutting the West boundary of Block, TURMAN'S SUBDIVISION, as map or plat thereof is recorded in Plat Book 1, Page 20 of the public records of Hillsborough County, Florida, LESS that portion previously vacated per City of Tampa Ordinance 2925-A. TOGETHER WITH That portion of Block, TURMAN'S SUBDIVISION, as map or plat thereof is recorded in Plat Book 1, Page 20 of the public records of Hillsborough County, Florida TOGETHER WITH the vacated alley lying in said Block per City of Tampa Ordinance 2925-A, acquired for Right of Way per City of Tampa Resolution 380-D and Official Record Book 69, Page 81 of the public records of Hillsborough County, Florida, lying within the following described boundaries, to wit: Beginning at the Northwest corner of Block, of TURMAN'S SUBDIVISION, as map or plat thereof is recorded in Plat Book 1, Page 20 of the public records of Hillsborough County, Florida, RUN THENCE South along the West boundary thereof 6.24 feet, thence South 60 00'00"East,.55 feet, thence Southerly along the arc of a curve to the right 53.6 feet, radius feet, lying Northeast of a chord whose length is feet to a point feet East and 38. feet North of the Southwest corner of said Block, thence South 38. feet to the South boundary thereof, thence East along said South boundary feet to the Southeast corner of said Block, thence North along the East boundary thereof feet to the Northeast corner of said Block, thence West along the North boundary thereof 9.00 feet to the Point of Beginning. Right of Way & Mapping Section C-it_y_o-fT._a_m_p_a LEGAL DESCRIPTION APPROVED File #: vac Atlas: H-14 By: 6'~,~ L. L,,.., Date: EXHIBIT"A"

22 TRANSPORTATION EASEMENT The East feet of All that portion of 25th Street lying East of and abutting the East boundary of Block 39, and lying West of and abutting the West boundary of Block, TURMAN'S SUBDIVISION, as map or plat thereof is recorded in Plat Book 1, Page 20 of the public records of Hillsborough County, Florida, LESS that portion previously vacated per City of Tampa Ordinance 2925-A. TOGETHER WITH That portion of Block, TURMAN'S SUBDIVISION, as map or plat thereof is recorded in Plat Book 1, Page 20 of the public records of Hillsborough County, Florida TOGETHER WITH the vacated alley lying in said Block per City of Tampa Ordinance 2925-A, acquired for Right of Way per City of Tampa Resolution 380-D and Official Record Book 69, Page 81 of the public records of Hillsborough County, Florida, lying within the following described boundaries, to wit: Beginning at the Northwest corner of Block, of TURMAN'S SUBDIVISION, as map or plat thereof is recorded in Plat Book 1, Page 20 of the public records of Hillsborough County, Florida, RUN THENCE South along the West boundary thereof 6.24 feet, thence South 60 00'00"East,.55 feet, thence Southerly along the arc of a curve to the right 53.6 feet, radius feet, lying Northeast of a chord whose length is feet to a point feet East and 38. feet North of the Southwest corner of said Block, thence South 38. feet to the South boundary thereof, thence East along said South boundary feet to the Southeast corner of said Block, thence North along the East boundary thereof feet to the Northeast corner of said Block, thence West along the North boundary thereof 9.00 feet to the Point of Beginning. City of Tampa Right of Way & Mapping Section LEGAL DESCRIPTION APPROVED File #: vac-1s-ooooooo Atlas: H-14 By: a:...:.... L. 4..,, Date: 011/2016 EXHIBIT B

23 ORDINANCE NO /!J AN ORDINANCE AMENDING THE TAMPA COMPREHENSIVE PLAN, FUTURE LAND USE MAP, FOR THE PROPERTY GENERALLY LOCATED AT 5011 AND 5021 EAST 1TH AVENUE AND 5018 EAST COLUMBUS DRIVE, FROM RESIDENTIAL-IO (R- 10) AND COMMUNITY MIXED USE-35 (CMU-35) TO COMMUNITY COMMERCIAL-35 (CC-35); PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, the Hillsborough County City-County Planning Commission 1 3 (Planning Commission) received a privately initiated request for an amendment to the 14 Tampa Comprehensive Plan, Future Land Use Map, which alters the specified land use 15 classification in the certain area more particularly described in Section 2 below; 16 WHEREAS, the Planning Commission held a public hearing during which it 1 reviewed the request, considered existing and expected future development patterns 18 and community facilities in the respective area, as well as the Plan's adopted goals, 19 objectives and policies, and made the determination that the proposed amendment was 2 0 consistent with the Tampa Comprehensive Plan; 2 1 WHEREAS, pursuant to the Comprehensive Plan Amendment Procedures 22 provided by law, the City Council of the City of Tampa held two (2) public hearings 23 during which public comment was received on the proposed amendment; and, 2 4 WHEREAS, the City Council of the City of Tampa finds the proposed plan 25 amendment to be consistent with the Tampa Comprehensive Plan. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 31 OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully 34 set forth herein Section 2. That the Future Land Use Map, of the Tampa Comprehensive Plan 3 is amended as follows: Plan Amendment CPA 15-1 OA To change the land use designation for approximately.65 acres for the property generally located at 5011 and 5021 East 1th Avenue and 5018 East Columbus Drive, as more particularly described in CPAl 5-lOA v i

24 Exhibit "A", attached hereto and incorporated herein by reference, from Residential-IO (R-10) and Community Mixed Use-35 (CMU- 35) to Community Commercial-35 (CC-35). 5 Section 3. That all ordinances or parts of ordinances in conflict herewith are 6 hereby repealed to the extent of any conflict. 8 Section 4. That should a court of competent jurisdiction declare any part of this 9 ordinance invalid, the remaining parts hereof shall not, in any way, be affected by such 10 determination as to the invalid part Section 5. That, in accordance with Section (5)(c), Florida Statutes, 1 3 this plan amendment shall become effective thirty-one (31) days after adoption. If 14 challenged within thirty (30) days after adoption, the plan amendment shall not become 1 5 effective until the state land planning agency or the Administration Commission, 16 respectively, issues a final order determining the adopted plan amendment is in 1 compliance. No development orders, development permits, or land uses dependent on 18 this amendment may be issued or commenced before this plan amendment has become 19 effective PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 TAMPA, FLORIDA, ON MAR ATTEST: PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S ~~~~~~ ~~~~~~~- REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY K:\Debbie\Ordinances\Plan Amendments\CPA 15-IOA_SS amendmenl V 1 APPROVED by me on MAR BOBBUCKHORN, MAYOR CPA15-10A CPA15-10A vl

25 TNCPA 15-10A: Legal Description for parcels generally located at: 5018 E COLUMBUS DR, TAMPA 5021 E 1TH AV, TAMPA 5011 E 1TH AV, TAMPA The West 30 feet of Lot 6 and the North Y2 of a vacated alley, abutting the said West 30 feet thereof and Lot 5 and Lots 1, 18, 19, 20, 21 and 22, together with the South Y2 of closed alley abutting on the North boundary of said Lots 1 and 18, less street right-of-way, FLORENCE VILLA SUBDIVISION, acording to the plat thereof as recorded in Plat Book 14, Page 1, Public Records of Hillsborough County, Florida. (and) The East 20 feet of Lot 6, FLORENCE VILLA SUBDIVISION, according to plat recorded in Plat Book 14, Page 1, Public Records of Hillsborough County, Florida. EXHIBIT "A"

26 ORDINANCE NO t// AN ORDINANCE AMENDING THE TAMPA COMPREHENSIVE PLAN, FUTIJRE LAND USE MAP, FOR THE PROPERTY GENERALLY LOCATED AT 5019 AND 5020 EAST COLUMBUS ORNE, 5021 EAST OLD COLUMBUS DRIVE AND 08 NORTH 51 ST STREET, FROM RESIDENTIAL-20 (R-20) AND COMMUNITY MIXED USE-35 (CMU-35) TO COMMUNITY COMMERCIAL-35 (CC-35); PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 13 WHEREAS, the Hillsborough County City-County Planning Commission 14 (Planning Commission) received a publicly initiated request for an amendment to the 15 Tampa Comprehensive Plan, Future Land Use Map, which alters the specified land use 16 classification in the certain area more particularly described in Section 2 below; 1 WHEREAS, the Planning Commission held a public hearing during which it 18 reviewed the request, considered existing and expected future development patterns 19 and community facilities in the respective area, as well as the Plan's adopted goals, 2 0 objectives and policies, and made the determination that the proposed amendment was 2 1 consistent with the Tampa Comprehensive Plan; 22 WHEREAS, pursuant to the Comprehensive Plan Amendment Procedures 2 3 provided by law, the City Council of the City of Tampa held two (2) public hearings 2 4 during which public comment was received on the proposed amendment; and, 25 WHEREAS, the City Council of the City of Tampa finds the proposed plan 2 6 amendment to be consistent with the Tampa Comprehensive Plan. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 31 OF THE CITY OF TAMP A, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully 34 set forth herein Section 2. That the Future Land Use Map, of the Tampa Comprehensive Plan 3 is amended as follows: Plan Amendment CPA15-10B To change the land use designation for approximately 2.86 acres for the property generally located at 5019 and 5020 East Columbus Drive, 5021 East Old Columbus Drive and 08 North 51 st Street, as CPA15-10B v3

27 1 more particularly described in Exhibit "A", attached hereto and 2 incorporated herein by reference, from Residential-20 (R-20) and 3 Community Mixed Use-35 (CMU-35) to Community Commercial (CC-35). 5 6 Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. 8 9 Section 4. That should a court of competent jurisdiction declare any part of this 10 ordinance invalid, the remaining parts hereof shall not, in any way, be affected by such 11 determination as to the invalid part Section 5. That, in accordance with Section ( 5)( c ), Florida Statutes, 14 this plan amendment shall become effective thirty-one (31) days after adoption. If 15 challenged within thirty (30) days after adoption, the plan amendment shall not become 1 6 effective until the state land planning agency or the Administration Commission, 1 respectively, issues a final order determining the adopted plan amendment is in 18 compliance. No development orders, development permits, or land uses dependent on 19 this amendment may be issued or commenced before this plan amendment has become 2 O effective PASSED AND ORDAINED BY THE CITY COUNCIL O 23 TAMPA, FLORIDA, ON ~AR ATTEST: PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S ~~~~~~ ~~~~~~~- REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY K \Debbie\Ordinences\Plan Amendments\CPA 15-1 OB _SS amendmenl v2 CHAIRMAN\GIIAIRMAN PRO TEM CITY COUNCIL APPROVEDbymeon MAR BOBBUCKHORN,MAYOR CPA15-10B CPA15-10B_v3

28 TNCPA : Legal Description for parcels generally located at 5020 E COLUMBUS DR, TAMPA 5021 E OLD COLUMBUS DR, TAMPA 08 N 51 ST ST, TAMPA 5019 E COLUMBUS DR, TAMPA FLORENCE VILLA LOTS 23 AND 24 LESS STATE RD (and) GOODE'S SUBDIVISION N 86 FT OF W 160 FT OF E FT OF LOT 3 LESS SR 0 BLOCK2 (and) GOODE'S SUBDIVISIONS 5 FT OF N 143 FT OF W 160 FT OF E FT OF LOT 3 BLOCK 2 LESS R/W FOR SR 0 (and) GOODE'S SUBDIVISION LOT BEG FT W OF NE COR OF LOT 3 & RUN W FT S 613 FT E 3.9 FT N FT W 160 FT AND N 143 FT TO BEG LESS SR 0 BLOCK 2 EXHIBIT "A"

29 ORDINANCE NO ti~ AN ORDINANCE AMENDING THE TAMPA COMPREHENSIVE PLAN, FUTURE LAND USE MAP, FOR THE PROPERTY GENERALLY LOCATED AT 01 WEST KENNEDY BOULEVARD, FROM RESIDENTIAL-IO (R-IO) TO COMMUNITY MIXED USE-35 (CMU-35); PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 11 WHEREAS, the Hillsborough County City-County Planning Commission 12 (Planning Commission) received a privately initiated request for an amendment to the 1 3 Tampa Comprehensive Plan, Future Land Use Map, which alters the specified land use 14 classification in the certain area more particularly described in Section 2 below; 15 WHEREAS, the Planning Commission held a public hearing during which it 16 reviewed the request, considered existing and expected future development patterns 1 and community facilities in the respective area, as well as the Plan's adopted goals, 18 objectives and policies, and made the determination that the proposed amendment was 1 9 consistent with the Tampa Comprehensive Plan; 2 0 WHEREAS, pursuant to the Comprehensive Plan Amendment Procedures 2 1 provided by law, the City Council of the City of Tampa held two (2) public hearings 22 during which public comment was received on the proposed amendment; and, 23 WHEREAS, the City Council of the City of Tampa finds the proposed plan 2 4 amendment to be consistent with the Tampa Comprehensive Plan NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFT AMP A, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That the Future Land Use Map, of the Tampa Comprehensive Plan is amended as follows: Plan Amendment CPA15-l 1 To change the land use designation for approximately. 2 acres for the property generally located at 01 West Kennedy Boulevard, as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, from Residential-IO (R-IO) to Community Mixed Use-35 (CMU-35). CPAlS-11 vi

30 1 2 3 Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. 4 Section 4. That should a court of competent jurisdiction declare any part of this 5 ordinance invalid, the remaining parts hereof shall not, in any way, be affected by such 6 determination as to the invalid part. 8 Section 5. That, in accordance with Section (5)(c), Florida Statutes, 9 this plan amendment shall become effective thirty-one (31) days after adoption. If 1 0 challenged within thirty (30) days after adoption, the plan amendment shall not become 11 effective until the state land planning agency or the Administration Commission, 1 2 respectively, issues a final order determining the adopted plan amendment is in 13 compliance. No development orders, development permits, or land uses dependent on 14 this amendment may be issued or commenced before this plan amendment has become 15 effective PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ONMAR ATTEST: PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: EIS ~~~~~~ ~~~~~~~- REBECCA M. KERT SENIOR ASSIST ANT CITY ATTORNEY K:\Debbie\Ordinances\Plan Amendments\CPA 15-1 I_SS amendment_ YI CHAIRMAN\GHAIR}.4AN PRO TEM, CITY COUNCIL APPROVED by me on MAR CPA15-11 CPA15-l 1 v l

31 TA/CPA 15-11: Legal Description for parcels generally located at: Portion of 01 W. Kennedy Blvd. Comprehensive Plan Amendment from RES-10 to CMU-35 Legal Description of CMU-35 Property Lots 1 through 12, inclusive, Block 13, NORTH ROSEDALE SUBDIVISION, according to map or plat thereof as recorded in Plat Book 15, Page 12 of the Public Records of Hillsborough County, Florida. Revised: January 20, 2016 EXHIBIT "A"

32 ojtfft ORDINANCE NO !{J 3 AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO EXTENDING TIME OF YBOR CITY AND EAST TAMPA NO FEE ZONES FOR MULTI-MODAL TRANSPORTATION IMPACT FEES, AND OTHER GENERAL CORRECTIONS; MAKING REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 25 (TRANSPORTATION); AMENDING SECTION 25-0, PAYMENT OF MULTI-MODAL TRANSPORTATION IMPACT FEE; AMENDING SECTION 25-4, EXEMPTIONS FROM AND CREDITS FOR MULTI-MODAL TRANSPORTATION IMPACT FEE; AMENDING ARTICLE III TECHNICAL PROVISIONS, EXHIBIT II. MULTI-MODAL TRANSPORTATION IMPACT FEE DISTRICTS, REPLACING MAPS 25.1 AND 25.lB; AMENDING ARTICLE III TECHNICAL PROVISIONS, EXHIBIT IV. NO MULTI-MODAL TRANSPORTATION IMPACT FEE ZONES, REPLACING MAPS 25.l G AND 25.11, AND DELETING MAP 25.lH; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City continues its desire to encourage the redevelopment of Ybor City, Tampa, and East Tampa as more particularly described in Section 1 herein; and, WHEREAS, City Council is authorized by the Tampa City Code to create "No Transportation Impact Fee Zones" for up to a maximum of five (5) year terms; and WHEREAS, the "No Transportation Impact Fee Zone" for the Ybor City zone and the East Tampa zone can be extended by the City Council finding that the proposed zones continue to be areas of the City, which suffer from chronically unacceptable levels of poverty, unemployment, physical deterioration, and/or economic disinvestment; and WHEREAS, the City desires to extend the ''No Transportation Impact Fee Zone" for the Ybor City zone and the East Tampa zone to expire on October 20, 2020; and WHEREAS, the "No Transportation Impact Fee Zone" for the Ybor City zone and East Tampa zone are located in the transportation concurrency exception area (TCEA) as defined in Chapter 1-5 of the Code; and WHEREAS, two (2) duly noticed public hearings as required by law were held by the City Council of the City of Tampa, Florida; and WHEREAS, all parties in interest and citizens were afforded notice and an 44 opportunity to be heard at said hearings Ybor City-East Tampa_No Impact Fee Ord

33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That Sec Payment of multi-modal transportation impact fee. is hereby amended by deleting the stricken language as follows: Sec Payment of multi-modal transportation impact fee. (a) Any person applying for the issuance of a building permit for a commercial or residential addition, remodeling or change of use shall pay the multi-modal transportation impact fee prior to obtaining the building permit. Any person applying for the issuance of a building permit for any other type of developmentrelated activity shall pay the multi-modal transportation impact fee to the city prior to the issuance of the certificate of occupancy; however, the feepayer may elect to pay the entire multi-modal transportation impact fee prior to the issuance of a certificate of occupancy. Section 2. That Sec Exemptions from and credits for multi-modal transportation impact fee. is hereby amended by deleting the stricken language as follows: Sec Exemptions from and credits for multi-modal transportation impact fee. (a) Exemptions. The following shall be exempted from payment of the multi-modal transportation impact fee: (6) "No multi-modal transportation impact fee zones," which are specified geographic areas of the city in which no multi-modal transportation impact fees are charged for land development or redevelopment activities for a certain period of time, and in which no multi-modal transportation impact fees are spent for the same certain period of time. "No multi-modal transportation impact fee zones" shall be created only by an ordinance enacted by city council upon a finding that the following conditions exist: West Tampa. (refer to Map 25.1H) Section 3. That Article III. Technical Provisions. Exhibit II. Multi-Modal Transportation Impact Fee Districts. is hereby amended as follows: Exhibit II. Multi-Modal Transportation Impact Fee Districts. Ybor City-East Tampa_No Impact Fee Ord 2

34 Delete Map Multi-Modal Transportation Impact Fee Districts Map Insert new Map Multi-Modal Transportation Impact Fee Districts Map 25.1 [See Exhibit A ] --Delete Map Multi-Modal Transportation Impact Fee Districts Central East District Map 25.1B --Insert new Map Multi-Modal Transportation Impact Fee Districts Central East District Map 25.1B [See Exhibit B ] Section 4. That Article III. Technical Provisions. Exhibit IV. No Multi- Modal Transportation Impact Fee Zones is hereby amended as follows: Exhibit IV. No Multi-Modal Transportation Impact Fee Zones. --Delete Map East Tampa Zone 25.1G --Insert new Map East Tampa Zone 25.1G [See Exhibit C ] --Delete Map West Tampa No Fee Zone 25.1H --Delete Map Ybor City Zone 25.1I --Insert new Map Ybor City Zone 25.1I [See Exhibit D ] Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Ybor City-East Tampa_No Impact Fee Ord 3

35 1 Section. That this ordinance, applied retroactively, shall take effect on 2 October 20, PASSED AND ORDAINED BY THE CITY COUN IL OF THE CITY OF 6 TAMP A, FLORIDA, ON -----A-*--r i+H-I ATTEST: APPROVED AS TO LEGAL SUFFICIENCY BY: 31 E/S 32 REBECCA M. KERT 33 SENIOR ASSIST ANT CITY ATTORNEY CHAIRMAN/CWAIRMA.N fto-'fem CITY COUNCIL APPROVED BY ME ON BOB BUCKHORN,MAYOR 3 K:\Debbie\Ch 25\No Fee Zones\Ord_ YborCity-East Tampa _Nolmpact:Fee0rd _ Update2020_ v2 38 MAR i6 Ybor City-East Tampa_No Impact Fee Ord 4

36 EXHIBIT "A" M u l t i - M o d a l Tra n s p o r ta t i o n Im p a c t Fee Districts M a p NEW TAMPA BLVD MORRIS BRIDGE RD BRUCE B DOWNS BLVD 5 FLETCHER AVE FOWLER AVE UV 589 BUSCH BLVD MLK BLVD N Armenia Ave ROME AVE SLIGH AVE HILLSBOROUGH AVE 30TH ST MANHATTAN AVE GANDY BLVD DALE MABRY HWY KENNEDY BLVD UV 618 INTERBAY BLVD COLUMBUS DR 50TH ST UV 618 Multi-Modal Transportation Impact Fee Districts Central Business District 25.1A Central East District 25.1B Interbay District 25.1C North Central District 25.1D University North District 25.1E Westshore District 25.1F No Multi-Modal Transportation Impact Fee Zones East Tampa Zone 25.1G Ybor City Zone 25.1I DISCLAIMER: information represented on this map is for reference only. Every effort has been made to verify the information. However, the data is dynamic and accuracy is not guaranteed. Users are urged to report inconsistencies so updates can be made accordingly. Miles

37 EXHIBIT "B" M ul ti - M od al Tr an s p ortatio n Impac t F ee Districts Ce ntral Ea s t Di s t r ic t 2 5.1B FOWLER AVE 5 BUSCH BLVD ROME AVE SLIGH AVE 30TH ST HILLSBOROUGH AVE N Himes Ave N Armenia Ave MLK BLVD 50TH ST 4 COLUMBUS DR 5 KENNEDY BLVD UV 618 DALE MABRY HWY UV 618 EL PRADO BLVD DISCLAIMER: information represented on this map is for reference only. Every effort has been made to verify the information. However, the data is dynamic and accuracy is not guaranteed. Users are urged to report inconsistencies so updates can be made accordingly. Miles

38 N 15th St N 34th St EXHIBIT "C" M u l t i - M o d a l Tr a n s p o r t a t i o n I m p a c t F e e D i s t r i c t s E a s t Ta m p a Z o n e G Legal Description That Part of Sections 1, 12 and 13, Township 29 South, Range 18 East, AND Sections 31, 32 and 33, Township 28 South, Range 19 East AND Sections 4, 5, 6,, 8, 9, 10, 16, 1 and 18, Township 29 South, Range 19 East AND Section 36, Township 28 South, Range 18 East, all lying within the City of Tampa, Hillsborough County, Florida, lying within the following described boundaries to wit: Beginning at the intersection of the centerline of Hillsborough Avenue (State Road 600) and the centerline of 50th Street, said intersection also being a point on the Easterly boundary of the corporate limits of the City of Tampa, as established by House Bill 34, approved by the Governor of Florida on, April 28, 1953, filed in the office of the Secretary of the State on, April 29, 1953; thence Southerly along said Easterly boundary of the corporate limits of the City of Tampa, to its intersection with the centerline of Dr. Martin Luther King, Jr. Boulevard (State Road 54); thence Easterly along said centerline of Dr. Martin Luther King, Jr. Boulevard and corporate limits of the City of Tampa, to its intersection with the centerline of 56th Street; thence Southerly along said centerline of 56th Street and corporate limits of the City of Tampa, to its intersection with the centerline of Interstate Highway 4 (State Road 0); thence Southwesterly and Westerly along said centerline of Interstate Highway 4, to its intersection with the centerline of 15th Street; thence Southerly along said centerline of 15th Street to its intersection with the centerline of Nick Nuccio Parkway; thence Southerly and Westerly along said centerline of Nick Nuccio Parkway and its Westerly projection across the Street right-of-way of Nebraska Avenue, to its intersection with the centerline of Cass Street; thence Westerly along said centerline of Cass Street, to its intersection with the centerline of Orange Street; thence Northerly along said centerline of Orange Street to its intersection with the centerline of Interstate Highway 5 (State Road 93); thence Northeasterly and Northerly along said centerline of Interstate Highway 5 (State Road 93) to its intersection with the centerline of Interstate Highway 4 (State Road 0), said point of intersection being within the Downtown Distributor; thence continue Northerly along said centerline of Interstate Highway 5, to its intersection with the Westerly projection of the centerline of Mohawk Avenue; thence Easterly along said Westerly projection and centerline of Mohawk Avenue, to its intersection with the centerline of Nebraska Avenue; thence Southerly along said centerline of Nebraska Avenue, to its intersection with the Westerly projection of the Northerly boundary of the Southerly feet of the Westerly feet of Lot 5, Block 2 of PRESTON'S SUBDIVISION, as recorded in Plat Book 2, Page 80, of the public records of Hillsborough County, Florida; thence Easterly along said Westerly projection and Northerly boundary of the Southerly feet, to its intersection with the Westerly boundary of the Easterly feet of said Lot 5; thence Northerly along said Westerly boundary, a distance of feet, to its intersection with the Northerly boundary of the Easterly feet of the Southerly feet of said Lot 5; thence Easterly along said Northerly boundary of the Southerly feet, and its Easterly projection, to its intersection with the centerline of 9th Street; thence Southerly along said centerline of 9th Street, to its intersection with the centerline of Mohawk Avenue; thence Easterly along said centerline of Mohawk Avenue, to its intersection with the centerline of 15th Street; thence Northerly along said centerline of 15th Street, to its intersection with the centerline of Comanche Avenue; thence Easterly along said centerline of Comanche Avenue, to its intersection with the centerline of 22nd Street; thence Northerly along said centerline of 22nd Street, to its intersection with the centerline of Henry Avenue; thence Easterly along said centerline of Henry Avenue, to its intersection with the centerline of 30th Street; thence Southerly along said centerline of 30th Street, to its intersection with centerline of Comanche Avenue; thence Easterly along said centerline of Comanche Avenue, to its intersection with the centerline of 34th Street; thence Northerly along said centerline of 34th Street, to its intersection with the centerline of Comanche Avenue; thence Easterly along said centerline of Comanche Avenue, to its intersection with the centerline of 3th Street; thence Northerly along said centerline of 3th Street, to its intersection with the centerline of Deleuil Avenue; thence Easterly along said centerline of Deleuil Avenue, to its intersection with the Westerly boundary of the Southerly feet of the Northerly feet of the Easterly feet of the Southeast ¼ of the Southwest ¼ of said Section 33, Township 28 South, Range 19 East; thence Northerly along said Westerly boundary, to its intersection with the Westerly projection of the Southerly boundary of, Lot 8 of POWHATAN HILLS, a subdivision of record as recorded in Plat Book, Page 98, of the public records of Hillsborough County, Florida; thence Easterly along said Westerly projection and Southerly boundary of Lot 8, to and along the Southerly boundary of Lots, 6, 5, 4, 3, 2 and 1 of said POWHATAN HILLS, and its Easterly projection, to its intersection with the centerline of 43rd Street; thence Southerly along said centerline of 43rd Street, to its intersection with the centerline of Deleuil Avenue; thence Easterly along said centerline of Deleuil Avenue, to its intersection with the Easterly boundary of NORTHVIEW TERRACE SUB., a subdivision as recorded in Plat Book 41, Page 12, of the public records of Hillsborough County, Florida, said intersection also being, the Northerly projection of the Westerly boundary of Lot 19, of said NORTHVIEW TERRACE SUB.; thence Southerly along said Northerly projection and Easterly boundary, to and along the Easterly boundary of said Lot 19, to the Southeast corner of said Lot 19, said Southeast corner, also being a point on the Northerly boundary of the following described parcel: Beginning at the intersection of the West boundary of Lot 60 of PLAT OF FUNK'S HOME PARK SUBDIVISION, as recorded in Plat Book 19, Page 9 of the public records of Hillsborough County, Florida, and the North Right-of-Way line of Hillsborough Avenue, said point lying 1.00 feet North of the Southwest corner of said Lot 60, thence Northerly along Easterly boundary of vacated alley abutting on the East of Block 2 of REVISED MAP OF RUBENSTEINS SUBDIVISION, as recorded in Plat Book 8, Page 38 of the public records of Hillsborough County, Florida, and the Northerly projection of said boundary, a distance of feet, to a point lying feet, more or less, Southerly of the Northerly boundary of the Southwest ¼ of the Southwest ¼ of the Southeast ¼ of said Section 33, Township 28 South, Range 19 East, thence Westerly feet, thence Southerly to the North Right-of-Way line of Hillsborough Avenue, thence Easterly feet, to the Point of Beginning, of said parcel; thence Easterly along said Northerly boundary, of the above described parcel, to a point on the Westerly boundary of Lot 50 of said, PLAT OF FUNK'S HOME PARK SUBDIVISION; thence Northerly along said Westerly boundary of Lot 50, to and along the Westerly boundary of Lot 49, of said PLAT OF FUNK'S HOME PARK SUBDIVISION, to the Northwest corner of said Lot 49, said Northwest corner, also being a point on the Northerly boundary of said PLAT OF FUNK'S HOME PARK SUBDIVISION; thence Easterly along said Northerly boundary of PLAT OF FUNK'S HOME PARK SUBDIVISION, and its Easterly projection, across the street Right-of-Way of 4th Street, to and along the Northerly boundary of the South ½ of the Southeast ¼ of the Southeast ¼ of said Section 33, Township 28 South, Range 19 East, to its intersection with said Easterly boundary of the corporate limits of the City of Tampa, said intersection also being a point on the centerline of said 50th Street; thence Southerly along said Easterly boundary of the corporate limits of the City of Tampa and centerline of 50th street, to its intersection with the centerline of Hillsborough Avenue (State Road 0), said intersection being the Point of Beginning. The status of "East Tampa" as a "No Multi-Modal Transportation Impact Fee Zone" commences on October 21, 2015, and expiring five (5) years thereafter on October 20, E Hillsborough Ave N Central Ave N Nebraska Ave N 22nd St E Osborne Ave E Martin Luther King Blvd N th St E Floribraska Ave N Av Republica De Cuba E Lake Ave E Columbus Dr E 19th Ave Melburne Blvd N 50th St 4 E Palm Ave N 21st St E Broadway Ave 5 E 4th Ave Adamo Dr UV 618 DISCLAIMER: information represented on this map is for reference only. Every effort has been made to verify the information. However, the data is dynamic and accuracy is not guaranteed. Users are urged to report inconsistencies so updates can be made accordingly. Miles

39 N Av Republica De Cuba E Columbus Dr EXHIBIT "D" M ul ti - M od al Tr an s p ortatio n Impac t F ee Districts Yb or City Zo ne 25.1 I Legal Description That part of Sections 1 and 18, Township 29 South, Range 19 East, Hillsborough County, Florida, lying within the following described boundaries to wit: Beginning at the intersection of the centerline of Avenida Republica De Cuba (14th Street) and Adamo Drive (1st Avenue) (State Road 60); thence run Westerly along said centerline of Adamo Drive to it's intersection with the Southeasterly projection of the Southerly boundary of Lot, Block 8, of LESLEY'S SUBDIVISION, as recorded in Plat Book 1, Page 8, of the public records of Hillsborough County, Florida; thence Northwesterly along said Southeasterly projection, Southerly boundary and it's Northwesterly projection across the CSX Railroad, to it's intersection with the centerline of Nick Nuccio Parkway; thence Easterly and Northerly along said centerline of Nick Nuccio Parkway to it's intersection with the centerline of 15th Street; thence Northerly along said centerline of 15th Street to it's intersection with the centerline of Interstate Highway 4 (State Road 0); thence Easterly along said centerline of Interstate Highway 4 to it's intersection with the mid-section line of said Section 1, Township 29 South, Range 19 East, said mid-section line lying within the CSX Railroad/30th Street Right-of-Way; thence Southerly along said mid-section line to it's intersection with the Northwesterly projection of the centerline of the CSX Railroad, said portion of railroad being described in Deed Book 0, Page 588, as recorded in the public records of Hillsborough County, Florida; thence Southeasterly along said projection, centerline and it's Southeasterly projection to it's intersection with, the centerline of 1st Avenue and the Northeasterly projection of the centerline of the CSX Railroad, said portion of railroad being described in Deed Book 1118, Page 9, as recorded in the public records of Hillsborough County, Florida, said intersection of 1st Avenue and CSX Railroad lying within that portion of 1st Avenue being under the control of CSX Transportation, INC., as described in Deed Book KK, Page 491, as recorded in the public records of Hillsborough County, Florida; thence Southwesterly along said projection, centerline and it's Southwesterly projection to it's intersection with the centerline of said Adamo Drive; thence Westerly along said centerline of Adamo Drive, to it's intersection with the centerline of Avenida Republica De Cuba (14th Street), said intersection being the Point of Beginning. The status of "Ybor City" as a "no multi-modal transportation impact fee zone" is for a period commencing on the October 21, 2015, and expiring five (5) years thereafter on October 20, E Palm Ave Nuccio Pkwy E th Ave N 21st St N 22nd St N 1th St E 4th Ave N th St N 31st St E 2nd Ave Adamo Dr Channelside Dr UV 618 DISCLAIMER: information represented on this map is for reference only. Every effort has been made to verify the information. However, the data is dynamic and accuracy is not guaranteed. Users are urged to report inconsistencies so updates can be made accordingly Miles

40 ' ORDINANCE NO t./ t/ AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, CREATING TAMPA CODE SECTION MAKING POSSESSION OF TWENTY GRAMS OR LESS OF CANNABIS UNLAWFUL, MAKING POSSESSION OF DRUG PARAPHERNALIA AS DEFINED HEREIN UNLAWFUL, PROVIDING FOR CIVIL PENALTIES, AMENDING TAMPA CODE SECTION TO SPECIFY THE AMOUNT OF CIVIL FINE FOR VIOLATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statute Subsection (6)(b) provides that the possession of twenty (20) grams or less of cannabis (marijuana), intended only for consumption of the possessor, is a misdemeanor criminal offense; and WHEREAS, Florida Statute Subsection (1) provides that the possession of drug paraphernalia as defined in Florida Statute Section is a misdemeanor criminal offense; and > 'P WHEREAS, the Tampa City Council finds that particularly where the citizen' s only known offense at the time of arrest is possession for personal use of a small amount of cannabis, or paraphernalia for administration thereof, criminal penalties and potentially lifelong criminal record are disproportionate to the severity of the offense; and WHEREAS, the Tampa City Council finds that established civil penalties and procedures are more commensurate with the offense of possession of twenty grams or less of cannabis or paraphernalia when that is the only chargeable offense. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. as follows: (a) Sec Definitions. That Tampa Code Section is hereby created to read in its entirety Possession of cannabis or paraphernalia. (1 ) Cannabis means all parts of any plant of the genus Cannabis, whether growing or not and the seeds thereof. The term does not include the resin or oil extracted from any part of the plant or "low-thc cannabis" as defined in Florida Statute if manufactured, possessed, sold, purchased, delivered, distributed, and dispensed in conformance with E ;?~/~- P C/11?,,E~/& ~ e/1 /-fl+.c 'JA / L.P /1 LL ~.:!I 2

41 (b) (c) (d) (e) (2) Paraphernalia means any object used, intended for use, or designed for use, in ingesting, inhaling, smoking, or otherwise introducing cannabis into the human body. Any person who possesses twenty (20) grams or less of cannabis as defined herein except as otherwise authorized by law commits a violation of this subsection. Any person who possesses paraphernalia as defined herein except as otherwise authorized by law commits a violation of this subsection. A person charged with possession of cannabis under subsection (b) may not be charged with possession of paraphernalia under subsection ( c) arising out of the same incident. Penalties and Procedure (1) (2) (3) The provisions of Tampa Code Chapter 23.5 shall apply to all violations charged pursuant to this section. Violation of this section is deemed to be an irreparable or irreversible violation punishable by civil penalty as a Class I offense. If the applicable civil penalty is not paid within 30 days from the citation date, in addition to the procedure provided in Tampa Code Chapter 23.5 in the event of such nonpayment, the defendant will no longer be eligible for the alternative enforcement procedures provided by this section. 29 Section 2. That Tampa Code subsection (e) is hereby amended as 30 follows: (f) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one (1) copy of the citation with the county court. City Attorney' s Office. If the citation is not paid within thirty (30) days of the date of issuance, the City Attorney's Office shall forward the original and one (1) copy of the citation to the county court. 38 Section 3. That Tampa Code Subsection (a) is hereby amended by adding 3 9 the underlined part as follows: 41 Sec Schedule of violations and penalties. 42 ( a) Violations of the following sections of the Tampa City Code are considered 43 Class I violations and will carry a fine of: For a first offense... $5.00

42 For a second offense... $ For a third offense... $ For a fourth or subsequent offense... $ City Code Section: (11) (a) (12) 14.62(b) (13) 14.62(c) (15) (1) (18) (6) (9) (10) (a) (a) (Vendor-All Types) Section 4. That should a court of competent jurisdiction declare any part of this 3 2 ordinance to be invalid, to the extent possible all remaining provisions hereof shall 3 3 remain valid and unaffected by such determination Section 5. That this ordinance shall take effect immediately upon becoming a law. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON f"~~., 1 ].~,6 CHAI AN/ -HAIJUvW,q PR:0-TEM CITY COUNCIL ATTEST:

43 PREPARED BY AND APPROVED 12 AS TO LEGAL SUFFICIENCY: KIRBY C. RAINSBERGER 1 ASSIST ANT CITY ATTORNEY APPROVED BY ME ON MAR 2 J 2016 BOBBUCKHORN, MAYOR