ORDINANCE NO. 2008- /// AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 13, LANDSCAPING, TREE REMOVAL & SITE CLEARING, ARTICLE I, ADMINISTRATIVE PROVISIONS, SECTION 13-4; ARTICLE 111, TECHNICAL PROVISIONS, SECTION 13-162; MAKING COMPREHENSIVE REVISIONS TO THE CODE PROVISIONS RELATIVE TO DEFINITIONS AND LANDSCAPE AND TREE PLANTING STANDARDS REGARDING IRRIGATION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa finds that the public welfare will be served by assuring that further development is consistent with the City's desire to create a more sustainable community; and WHEREAS, the City finds it is valuable to regularly review its various land development regulations to make them more resource efficient; and WHEREAS, the City finds that a policy of sustainability incorporates the fundamental philosophy that the needs of the present generation do not compromise the needs of future generations; WHEREAS, the City encourages resource conservation; and WHEREAS, the City finds that many homeowners, businesses, and building professionals have voluntarily sought to incorporate green building techniques into their projects; and WHEREAS, the City of Tampa desires to continue to be recognized as a diverse, progressive city celebrated as the most desirable place to live, learn, work, and play; and WHEREAS, the reduction of turf grass areas will contribute to conserving the City's water resources; and WHEREAS, the City recognizes that encouraging the use of "Florida Friendly Landscape" will contribute to conserving the City's water resources; and WHEREAS, a duly noticed public hearing as required by law was held by the City Council, at which all residents and interested persons were given an opportunity to be heard. CODING: Words sixkken are deletions; words underlined are additions
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That "Section 13-4. Definitions." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec. 13-4. Definitions. Automatic irrigation controller means a timer mechanism and its mounting box. The controller si~nals the automatic valves to open and close on a pre-set program or based on sensor readings. Control svstems shall provide the following minimum capabilities: ability to be proyrarnmed in minutes. by day of week, season, and time of day; ability to accommodate multiple start times and programs; automatic shut off after adequate rainfall; ability to maintain time during power outages for a minimum of three (3) days; and operational flexibility to meet applicable year-round water conservation requirements and temporary water shortage restrictions. Drought tolerant plant means a plant, once established, that survives on natural rainfall with occasional irrigation during dry periods, as identified bv the University of Florida IFAS Extension Florida Yards and Neighborhoods Florida-Friendly Plant List 2006, as may subsequently be revised..... Emitter means a device -which is used to control the discharge of irrigation water from lateral pipes. This term is primarily used to refer to the low flow rate devices used in & low-volume irrigation devices. Florida Friendly Yard or Landsca~e (as provided for in F.S. 4 373.185) means a landscape that incorporates the Best Management Practices and philosophies described in "A Guide to Florida-Friendly Landscaping", Third Edition, 2006, as may subsequently be amended, and conserves water and protects the environment and are adaptable to local conditions and which are drought tolerant. Florida-friendly landscape principles include planning and design, appropriate choice of plants, soil analysis which may include the use of solid waste compost, efficient irri~ation, practical use of turf, appropriate use of mulches, and proper maintenance." Irrigation means a permanent tmehged watering system equipped with surface, subsurface or overhead emitters and which provides one hundred (100) percent water coverage. Irrigation zone means a control valve circuit containing irrigation devices with consistent application rates. -2- CODING: Words &ekm are deletions; words underlined are additions
... Low-volume irrigation means an irrigation system with a maximum flow rate per emitter of thirty (30) gallons per hour or less. These systems are not approved for turfgrass applications. Soil moisture sensor means a calibrated device that is designed to measure the quantity of water contained in a material, such as soil on a volumetric or gravimetric basis and override the irrigation cycle of the irrigation system at a pre-determined soil moisture level appropriate to site specific conditions. Section3. That "Section 13-162. Landscape and tree planting standards." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec. 13-162. Landscape and tree planting standards. (3) Irrigation. a. All required landscaping, as described in 13-161, shall be equipped with an irrigation system except as specified below: 1. Retained native plant habitat is not required to have an irrigation system. 2. Single and two-family dwellings are not required to have an irrigation system. However, the addition of synthetic water absorbing polymers W?x+ad&d to topsoil prior to planting or sodding to increase water-holding capacity is encouraged. 3. Drought-tolerant landscape material (see -the University of Florida IFAS Extension Florida Yards and Neighborhoods Florida-Friendly Plant List 2006, as may subsequently be revised) planted in specific zones or beds is only required to be irrigated during ts&&hhd establishment (minimum thirty (30) days) and protracted drought periods. Irrigation shall be a m-ke low-volume irrigation system. b. The landscape and tree planting plan shall illustrate the proposed irrigation zones, delineating miem low-volume irrigation zones and areas utilizing irrigation techniques other than- low-volume irrigation. c. Irrigated turf areas shall utilize irrigation techniques other t h a n e &-volume irrigation. Turf areas shall be on separate irrigation zones from other landscape plant zones. In the case of expansion of an existing development, this limitation will apply to the area of new landscape, only. d. In addition, in order to promote water conservation in the community, Florida Friendly Yards are stronplv encoura~ed. maximum of fifty (50) percent green space may be planted with turfgrass configured with a permanent irrigation system (the maximum allowable new turf grass percentape will be reduced to 45% in 2009, 40% in 2010, 35% in 2011, 30% in 2012 and 25% in 2013 and -3- CODING: Words -'-;-'.-n are deletions; words underlined are additions
thereafter.) Turf grass in excess of this limitation shall not be allowed to have a... permanent or temporary irrigation system. &&&as- In the case of expansion of an existing development or the completion or continuation of a phased development,. limitations identified for allowable 6.. new turf grass percentages, will apply to the area of new landscaping only. e. S$wi-&k Turf zone head spacing shall achieve head to head coverage i& f. Sprays and rotors shall not be combined on the same control valve circuit. Sprays and rotors shall have matching application rates within each irrigation zone. g. All irrigation systems shall be designed to avoid over spray, runoff, low head drainage, or other similar conditions where water flows onto or over adjacent property, non-irrigated areas, walkways, roadways, structures, or water features. Emitters and sprinkler heads are encouraged to be located at least two (2) feet from buildings and water should not hit the building while operating. Narrow areas (four (4) feet wide or less) shall not be irrigated unless miem low-volume irrigation is utilized. h. Irrigation control equipment shall include an automatic irrigation controller having program flexibility such as repeat cycles and multiple program capabilities. Automatic irrigation controller(s) shall have battery back-up or nonvolatile memory to retain the irrigation program(s). Automatic control systems shall be equipped with an operable rain sensor or other devices;, such as soil moisture sensors, to prevent unnecessary irrigation. i. The irrigation system sihedd &ij be designed to "Standards and Specifications for Turf and Landscape Irrigation Systems,"- Fifth Edition, 2005, Florida Irrigation Society, & as subsequently be revised. j. All installations of new irrigation svstems shall connect to the city's reclaimed water system if that system is available, as required by Tampa City Code, Chapter 26 and subsequent amendments. k. Sports fields, golf courses, cemeteries, and storm water management systems - are exempt from the turf area limitation and mice low-volume irrigation requirements of this ordinance where functional need for turf is demonstrated. All other irrigation and landscape requirements of this ordinance apply." Section 4. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Section 5. That all ordinances in conflict herewith are hereby repealed to the extent of any conflict with the terms of this ordinance... CODING: Words f(i-iekeff are deletions; words underlined are additions
a law. Section 6. That this ordinance shall take effect immediately upon becoming PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON 0 ATTEST: 1 V " CITY COUNC~L APPROVED BY ME ON JUL 0 2 2008 PAM IORIO, MAYOR PREPARED AND APPROVED AS TO LEGAL SUFFICIENCY BY: - - REBECCAKERT ASSISTANT CITY ATTORNEY -5- CODING: Words srl.idceff are deletions; words underlined are additions
ORDINANCE NO. 2008- //g AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING REVISIONS TO CHAPTER 17.5, PLANNING AND LAND DEVELOPMENT CODE, OF THE CITY OF TAMPA CODE OF ORDINANCES; CREATING ARTICLE VII, THE CITY OF TAMPA SUSTAINABILITY ORDINANCE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa finds that the public welfare will be served by assuring that further commercial, City and other civic development is consistent with the City's desire to create a more sustainable community; WHEREAS, the City finds that a policy of sustainability, which, at the municipal level of government, means a policy in which decision-making about municipal construction, purchasing and operations incorporates the fundamental philosophy that the needs of the present generation do not compromise the needs of hture generations, WHEREAS, the City finds that green building practices applied to the design, construction, and maintenance of buildings would achieve the following goals: 1. Encourage resource conservation; 2. Reduce the waste generated by construction projects; 3. Increase energy efficiency; and 4. Promote the health and productivity of residents, workers, and visitors to the City; WHEREAS, the City finds that: 1. Green design and construction decisions made by the City in the construction and remodeling of City buildings can result in significant cost savings to the City over the life of the buildings; 2. In recent years, green building design, construction, and operational techniques have become increasingly widespread; 3. Many homeowners, businesses, and building professionals have voluntarily sought to incorporate green building techniques into their projects;
4. At the national level, the U.S. Green Building Council (USGBC), developer of the Leadership in Energy and Environmental Design (LEEDO) Green Building Rating System, has become a leader in promoting and developing green building practices and the Florida Green Building Coalition has become a leader in promoting and developing green building practices in Florida; 5. Requiring City-funded projects to utilize appropriate and feasible USGBC and Florida Green Building coalition green building standards is necessary and appropriate to achieve the benefits of green buildings; 6. Providing incentives to the private sector to incorporate green building standards is necessary and appropriate to achieve the benefits of green buildings. WHEREAS, the City of Tampa desires to continue to be recognized as a diverse, progressive city celebrated as the most desirable place to live, learn, work, and play; WHEREAS, Green Building and Sustainability is an evolving, systematic process that is and will continue to be of ongoing importance; WHEREAS, this process must continuously adapt and improve itself as we increase our scientific knowledge and more is learned about achieving and improving upon local sustainability; WHEREAS, government has a greater responsibility to lead by example and create a sustainable City; WHEREAS, Mayor Iorio has publicly declared our City's commitment to the reduction of global warming pollutants by signing the U.S. Mayor's Climate Protection Agreement; WHEREAS, the City is committed to lead by demonstrating sustainable stewardship that will yield cost savings to taxpayers by reducing City operating costs, provide a healthy work environment for City staff and visitors, protect, conserve and enhance the City's resources, and establish community standards of sustainable living practices; WHEREAS, the City is a member of the United States Green Building Council (USGBC) and the Florida Green Building Coalition (FGBC); and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Article VII. The City of Tampa Sustainability Ordinance" is created as follows: "ARTICLE VII. THE CITY OF TAMPA SUSTAINABILITY ORDINANCE" Section 2. That "Sec. 17.5-201. Short Title." is created as follows: "Sec. 17.5-201. Short Title. This section shall be known as the City of Tampa Sustainability Ordinance." Section 3. That "Sec. 17.5-202. Definitions." is created as follows: "Sec. 17.5-202. Definitions. Best Practices. Best practices are defined as the techniques, methodologies, processes, practices, and systems identified by public and private organizations that performed exce~tionall~ well utilizing available and appropriate resources. They are widely recognized as continuously improving an organization's performance and efficiency in specific areas that, throu~h experience and research, have proven to reliably lead to a desired result. Green building. Any building which increases the efficiency with which it uses resources, such as energy, water. and materials, while reducing a buildin~s negative impact on human health and the environment, through better siting, design, construction, operation, maintenance, and removal, completing build in^ life cycle. Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the around level. Administration. The mayor of the City of Tampa or his or her designee. Permit. An official document authorizing performance of a specific activity requlated by this chapter. Structure. For the purposes of this chapter, means any principal and/or accessory building constructed or erected which requires a fixed location on the ground or attachment to something having a fixed location on the ground. Building: Anv structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
Building, accessorv: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building. Building, principal: A building or, where the context so indicates, a group of buildings, in which is conducted the principal use of the lot on which such building is located. Major renovation: Any construction, reconstruction, structural alteration, expansion, enlargement or remodeling conducted within any two-year period, the total cost of which exceeds fifty-one (5 1) percent of the assessed value of the wroperty. New construction: The erection of a building or structure or the addition to a building or structure of greater than fifty (50) percent of the existing building size in square feet. CGO is defined as the City's Green Officer. FGBC is defined as the Florida Green Building Coalition. USGBC is defined as the United States Green Building Council." Section 4. That "Sec. 17.5-203. Citv Funded Construction and Renovation of Structures to Comply with LEED Silver Standard." is created as follows: "Sec. 17-5-203. Citv Funded Construction and Renovation of Structures to Comply with LEED Silver Standard. a. All new construction of municipal buildings. regardless of the source of the funds, in excess of 5000 square feet of air conditioned space, shall be built to satisfy, at a minimum, the most current USGBC LEED Silver standard. b. For any renovation of existing municipal buildings, all building materials replaced shall be done so with consideration of their energy efficiency ratings as recognized by the USGBC for their sustainable qualities, and with recycled products whenever available and appropriate. c. In the event that it is determined by the Administration that it is not feasible to construct or renovate a building; or structure to this standard, compliance with this section shall not be required and the CGO will identifi the project in hisher report to City Council." Section 5. That "Sec. 17.5-204. Incentives to Encourage Sustainable Construction and Redevelopment." is created as follows: "Sec. 17-5-204. Incentives to Encourage Sustainable Construction and Redevelopment.
a. As of October 1, 2008, a process will be instituted by the City for providin~ a grant which would provide a partial rebate of permit fees, if funds are made available through the budget process on a yearly basis. Property owners who receive a permit for single family or multi family homes or for commercial proiects, after the date which this program is instituted, may be eligible if the structure constructed is appropriately certified as a green structure by the USGBC or FGBC. 1. For newly constructed single family residential construction or for major renovation of an existing sin~le family home, the structure must be built and satisfv all the requirements of the current Green Home Designation Standards of the Florida Green Building Coalition. Upon receipt of evidence of this certification, the City will rebate 50% of the building permit fees paid. 2. For newly constructed commercial and multifamily construction or for major renovations of such existing structures, the structure must be built and satisfv all the requirements of the most current (USGBC LEED (Leadership in Energy and Environmental Design) standard. Upon receipt of evidence of this certification of the structure, the City will rebate a percentage of the building permit fees paid as follows: a. LEED Platinum Certified - 80% b. LEED Gold Certified - 60% c. LEED Silver Certified - 40% d. LEED Certified - 20% 3. The City will designate within its budget a specific amount per year for residential proiects and a specific amount per year for commercial orojects. Grants will be awarded on a first-comefirst-served basis as the funds allow." Section 6. That "Sec. 17.5-205. Green Building Initiatives for Affordable Housing." is created as follows: "Sec. 17-5-205. Green Building Initiatives for Affordable Housing. All multifamily and single family homes constructed after October 1, 2008, through any of the City's affordable housing programs will be encouraged to utilize the Florida Green Building Coalition's specifications for green building certification. Florida Energy Star and Florida Water Star appliances and principles. When evaluating the extent to which these specifications, appliances and principles can be used, consideration of federal and state rules, regulations. funding and programs will be included in the evaluation. If the Administration determines that compliance with these specifications, appliances, and principles is not feasible for the affordable housing structure to attain, the Administration
may waive compliance with this section. The CGO will identify the proiect in hislher report to City Council." Section 7. 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 8. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. law. Section 9. That this ordinance shall take effect immediately upon becoming a PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON ATTEST: CITY COUNCIL APPROVED AS TO LEGAL SUFFICIENCY BY: PAM IORIO, MAYOR I E/S 1 JULIA MANDELL COLE 1 SENIOR ASSISTANT CITY ATTORNEY
ORDINANCE NO. 2008- //'~q AN ORDINANCE APPROVING A SPECIAL USE PERMIT (S-2); APPROVING A BANK WITH A DRIVE-IN WINDOW IN A CG (COMMERCIAL GENERAL) ZONING DISTRICT IN THE GENERAL VICINITY OF 5144 EAST BUSCH BOULEVARD IN THE CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF; APPROVING WAIVERS AS SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Tampa ("Tampa") Code Section 27-267(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 a bank with a drive-in window in a CG zoning district. Waivers are granted as follows: Tampa Code Section 27-246, Table 10-2: to allow a waiver to reduce the required drive aisle from 26' to 24'; Tampa Code Section 27-2460): to allow a waiver to allow nonresidential traffic access to a local street. 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 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 ORDAND BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON JUN 2 C; 7008 ATTEST: APPROVED by me on JUL 0 2 2008 A A9-J \ PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S DONNA WY SONG ASSISTANT CITY ATTORNEY
Petition for Special Use II City of Tampa Land Development Coordinatlon 306 East Jackson Street, 3E Tampa, Ft 33602 (81 3) 274-8405 or 8403 (81 3) 274-7706 fax Lesal Description (use se~arate sheet if needed) - MUST BE TYPED & DO NOT ABBREVIATE : -.- -. - - A part of lot 20A of Temple Terrace Subdivision as recorded in Plat Book 25, Page 68 in the Public Records of Hillsborough County, Florida, being more particularly described as follows: Commencing at the intersection of the West right of way margin of North 52q.l Street and the North right of way margin of Busch Boulevard, said point being the TRUE POINT BEGINNING; thence run N89 43133mW along said North right of way margin for a distance 143.01 feet to an iron pin; thence run N0 15130"W for a distance of 233.70 feet to an iron pin; thence run S89"43'33"E for a distance of 141.01 feet to an iron pin on the Wcst right of way margin of North 52"" Street; thence run along said right of way for a distance of 233.70 feet to a point and back to the TRUE POINT OF BEGINNING. Containing 52,753.25 sq-ft. or 1.21 acres more or less. -...-...-..... EXHIBIT "A"
DUE TO THE SIZE OF THE MAPISITE PLAN, THE MAPISITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.
ORDINANCE NO. 2008- A AN ORDINANCE MAKING LAWFUL THE SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (2-APS) - IN SEALED CONTAINERS FOR CONSUMPTION OFF PREMISES ONLY AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 4808(A) EAST BROADWAY AVENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; WAIVING CERTAIN RESTRICTIONS AS TO DISTANCE BASED UPON CERTAIN FINDINGS; IMPOSING CERTAIN CONDITIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 3-52, City of Tampa Code of Ordinances, Pate1 KalpeshkumarIKalee Enterprises, Inc., ("Petitioner"), filed an application with the City of Tampa requesting that the certain lot, plot or tract of land located at 4808(A) East Broadway Avenue, Tampa, Florida, and as more particularly described in Section 2 hereof ("Subject Property"), be zoned for the sale of alcoholic beverages; WHEREAS, Petitioner is seeking that the Subject Property be zoned for the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-APS) - in sealed containers for consumption off premises only in connection with a retail business establishment; WHEREAS, Sections 3-70(a)(2) & (4), City of Tampa Code of Ordinances, prohibit property from being zoned for the sale of alcoholic beverages if the property is located within one thousand (1000) feet of an established church, public or private school, hospital, public recreation area, park, day care center, halfway house, alcoholic rehabilitation center, governmental building used for governmental purposes or property zoned for residential purposes; WHEREAS, the City Council of the City of Tampa may waive the aforementioned restrictions as to distance when there is or will be built upon the property a bona fide restaurant, hotel, motel or other retail business establishment wherein the sale of alcoholic beverages will be entirely incidental to the primary function of the establishment; WHEREAS, Section 3-73, City of Tampa Code of Ordinances, authorizes the imposition of conditions, limitations or requirements related to the business hours of the establishment located on the petition property, the location of said business establishment or the sanitary regulations relative to said location to ensure that the public health, safety and general welfare are protected; and,
WHEREAS, a duly noticed public hearing was held by the City Council of the City of Tampa in accordance with law, at which all parties in interest and citizens were afforded an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-APS)- in sealed containers for consumption off premises only, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 4808(A) East Broadway Avenue, Tampa, Florida, and as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth herein. Section 3. That this Ordinance is adopted by the City Council of the City of Tampa upon a finding that the sale of alcoholic beverages is entirely incidental to the primary function of the business establishment operated or to be operated upon the lot, plot or tract of land described in Section 2 herein. Section 4. That, based upon the finding in Section 3 herein, the City Council of the City of Tampa hereby waives the distance separation requirements found in Sections 3-70(a)(2) & (4), City of Tampa Code of Ordinances. Section 5. That, based upon the finding in Section 3 herein, the provisions of Section 3-70(a)(6), City of Tampa Code of Ordinances, shall specifically apply to the zoning granted herein. Section 6. That this Ordinance is adopted by the City Council of the City of Tampa pursuant to the following specific verbal representations made by the Petitioner's representative, and imposed by the City Council of the City of Tampa pursuant to Section 3-73, City of Tampa Code of Ordinances: The business establishment operated or to be operated upon the lot, plot or tract of land described in Section 2 herein shall not sell any single cans, single bottles or quart bottles of beverages containing alcohol of more than 1% by weight and not more than 14% by weight regardless of alcoholic content (beer). This prohibition shall not apply to wine. The provisions of Section 3-73, City of Tampa Code of Ordinances, shall specifically apply to the zoning granted under this Ordinance and shall be applicable in the event the Petitioner or any other operator of the business operation upon the aforementioned lot, plot or tract of land fails to comply with the provisions of Section 6 of this Ordinance. Section 7. That all ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 8. becoming a law. That this Ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON,J~N 2 6 200% ATTEST: ' CITY C OUNC~ APPROVED BY ME ON JUL 0 2 2008 PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: REBECCA M. KERT ASSISTANT CITY ATTORNEY WZ08-100-(2-APS) - Pate1 Kalpeshkumar-Kalee Enterprises, Inc. - 4808(A) East Broadway Avenue [2 & 41 w conditions
Petition to Wet Zone City of Tampa Land Development Coordination 306 East Jackson Street, 3E Tampa, FL 33602 (8131 274-0405 or 8403 (81 3) 274-7706 fax Leaal Description of property on which the Wet Zoninq will be located: MUST BE TYPED & DO NOT ABBREVIATE juse separate sheet if needed) LEGAL-DESCRIPTION: A PORTION OF LOTS 7 AND 8 OF BLOCK B OF REVtSED MAP OF MILLS'SUBDIVISION, ACCORDING TO THE MAP ar PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 9, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS F3LLOWS: COMMENCE AT THE S3UTHEAST CORNER OF SAID LOT 8, BLOCK 6, THENCE RUN ALONG THE SOUTH LlNE OF SAID LOT 8, BLOCK B 5 77"00100" W A DISTANCE OF 46.50 FEET; THENCE LEAVING SAID SOUTH LlNE OF LOT 8 RUN N 10" 58'16" W A DISTANCE OF 93.12 FEET; THENCE N 77"18'25" E A DISTANCE OF 8.45 FEET TO THE POINT OF BEGINNING; THENCE N 12"41'35" W A DISTANCE OF 50.00 FEET; THENCE N 77"18'25" E A DISTANCE OF 40.00 FEET; THENCE S 12"41'35" E A DtSTANCE OF 50.00 FEET; THENCE 5 77"18'25" M' A DISTANCE OF 4d.00 FEET TO THE POINT OF BEGINNING, CONTAIN1NG 2000 SQUARE FEET.--------------------------------------- Surveyor's State Certificate #: Name: State of Florida ~ c W - Right-of-way Section u Legal Description Is correct & complete: ya CareNumber: L(lm- /00 Date & Seal: 65.) t.s\\x\-.-- Approved by (ROW StaM: Date of approval; 3-13.M Adar Page: &- /5 EXHIBIT "A"
NGT A BOUNDARY SURVEY DESCRt?TION SKETC3 ONLY ( WET ZONE 1 - APS ) # 4335 E. 7% AYE. UNlT A SECfiC7N 7 6, TOWNSHIP 29 SOUW, RANGE 19 EAST HlL LSBOROUGH COLIN FLCRIDA LEGAL DESCRIP TlOA': WE N3RTHERLY 216 FEET Cr' LOT 7, LESS THE EAST 75 FEET THEREOF AND THE EPSlERLY 46.5 FEET OF THE NORTHERLY 276 FEET OF LOT 8, BLOCK 8. TIr'7HER WTH THE SOUTHERLY 5 F CLOSEO BRYAN AVENUE ABUmNC OFi THF NO*I!H. REWSED MAP OF MILLS SU%IMS/ON. ACCORDING TO ME MAP OR PLA T THt7EOF AS RECORDED IN PIAT B30K 2, PAGE 9. OF THE PUBLIC RXORDS OF HILiSBOROVCH COUNT): FLORIDA. (CU T-OUT-PARCEL) LEGAL DESCRIPTION: A PORTION OF LOTS 7 AND 8 0.'. &-OM 6 OF REWSEO MAP OF MILLS' SUBDIMSION. ACCORDING TO THE M.4P OR PLAT M - W F AS RECORDED IN PLAT BOW I, PAGE 9. OF THE PUBUC RECORDS OF HILLSBOROUGH COUN~ FLORIDA. B3NG FUR7HfR DESCRIBE6 AS FOLLOWS, COMMENM AT WE SOUTriEAST CORNER OF SAID LOT 8, BLOCK 8. THENCE RUN AL3NG THE SOUTH LINE OF SAID LOT 8, BLOCK B S 77'00'00' W A DISTANCE OF 46.50 FEET; RENCE L EAMNG SAID SOU?H UNE OF LOT 8 RUN N 10'58'16' W A DISTANCE OF 93.12 FEET;. THENCE N 7778'25' E A DISTANCE OF 8.45 FEET TO FIE PWN T OF BEGINNING, W3CE N 12'41 '35- W A DISTANCE OF 50.00 FEET;. THENCE N 7778'25' E A DISTANCE OF 40.00 FEEC 7HENCE 5 12'41 '35' E A DISTANCE OF 50.00 FEEt lrehice 5 7758'25' W A DISTANCE UF 40.00 FEE TO ihe POlNT OF BfG!NLNNG, C O N W C 2000 SOUARE FEET, [ DA VID L. SMITH SUREYING AND MAPPIXG, INC 1406 W. LINEBAUCH AVE Tampa, Fl. 33612 Phone (813) 9J.5-1960 Fow (813) 935-9446 J Number:
ORDINANCE NO. 2008- /A5 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 5410 NORTH ALBANY AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RS-50 (RESIDENTIAL SINGLE-FAMILY) TO CG (COMMERCIAL GENERAL); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 3 15 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) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION CG (commercial general), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. Section 2. That approval of this rezoning shall not release the PetitionertOwner 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 PetitionertOwner 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 PetitionertOwner 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.
Section 5. extent of any conflict. That all ordinances in conflict herewith are repealed to the Section6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON,JUN 2 6 7608 ATTEST: w V CITY COUNCIL APPROVED by me on JUL 0 2 2008 PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: PAM IORIO, MAYOR E/S DONNA WYSONG ASSISTANT CITY ATTORNEY
Petition to Rezone cny of Tampa LMdDmmbpmmtCoardMion 306 Ent kdwn Straot, BE Tampn, FL 33802 (81 3) 274-8405 or 8403 (813) 17+T106 far te sheet if needed) -MUST BE TYPED & DO NOT ASBREVWE ; Lots Ir 2, 3, Block 10, MARJORY B. HAMNER's RENHAM according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Hillsborough County, FL Recorded in Plat Book 26, Page 118, said lands situate, lying and being in Hillsborough County, FL. City d Tampa Right d Way B Mopplng Sectton l GflL DCSCAIOTION APPAOVU) EXHIBIT "A"
ORDINANCE NO. 2008- /6 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 8115 AND 8117 NORTH 13TH STREET AND 8118 NORTH KLONDYKE STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RS-50 (RESIDENTIAL SINGLE-FAMILY) TO PD (PLANNED DEVELOPMENT, PLACE OF RELIGIOUS ASSEMBLY); 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) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, place of religious assembly), 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 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. Section3. That approval of this rezoning shall not release the Petitionertowner fiom 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 Petitionertowner 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.
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 THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON m7, 6 2008 ATTEST: L CITY COUNCII! APPROVED by me on JUL 0 2 2008 PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: PAM IORIO, MAYOR DONNA WYSONG ASSISTANT CITY ATTORNEY
Petition to Rezone LOTS 1,2,3 AND THE NORTH 0.6 FEET OF THE EAST 39.2 FEET OF LOT 4 AND AU OF LOT 10 AND CLOSED AUEY LWNG BETWEEN LOTS 1 AND 10 AND THE WEST In CLOSED AUEVABUTTUUG LOTS 2,s AND THE NORTH 0.6 FEET OF LOT 4, BLOm 47, SULPHUR WRINGS ADDITION TO TAMPA FLORIDA AND LOT 4 LESS THE NORTH 0.6 FEm OF THE EAST 39.2 FEef AIlD LOT S AND THE WEST I OF CLOSED ALLEY ABUTTIMG ON THE EAST, IN BUKK 47, OF SULPHUR SPRINGS ADDITION TO TAMPA FUHIIDA, ACCORDMG TO THE MAP OR PLATTHEREOF AS RECORDED IN PLAT BOOK 6, PAGE 5 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORlDA. EXHIBIT "A"
DUE TO THE SIZE OF THE MAPISITE PLAN, THE MAPISITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.
ORDINANCE NO. 2008-122 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 3516 WEST BAY TO BAY BOULEVARD AND 35 1 1 WEST SANTIAGO STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RM- 16 (RESIDENTIAL MULTI-FAMILY) TO PD (PLANNED DEVELOPMENT, BUSINESSPROFESSIONAL OFFICE); 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 RM-16 (residential multi-family) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, business/professional ofice), 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 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. Section3. That approval of this rezoning shall not release the PetitionerIOwner fiom 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 PetitionerlOwner 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.
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 0 RQ~f$~@IE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON d ATTEST: * CITY COUNCIL ' APPROVED by me on JUL 0 2 2008 PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: PAM IORIO, MAYOR E/S DONNA WY SONG ASSISTANT CITY ATTORNEY
Petition to Rezone City of Tampa Land Development Coordination 306 East Jackson Street, 3E Tampa, FL 33602 (81 3) 274-8405 or 8403 (813) 274-7706 fax Leqal Descri~tion (use separate sheet if needed) - MUST BE TYPED & DO NOT ABBREVIATE : ALL OF LOTS 4,5,6,9,10, 11,12,13, 7 AND 8, LESS THE NORTH 5 FEET FOR RIGHT-OF-WAY, BLOCK 60, PALMA CElA PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 58, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA --. --- -.- - ---.-.- EXHIBIT "A"
DUE TO THE SIZE OF THE MAPISITE PLAN, THE MAPISITE PLAN IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY CLERK.
ORDINANCE NO. 2008- //f AN ORDINANCE MAKING LAWFUL THE CONDITIONAL SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (2-COP) - FOR CONSUMPTION ON PREMISES AND IN SEALED CONTAINERS FOR CONSUMPTION OFF PREMISES AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 3924 WEST SPRUCE STREET, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; WAIVING CERTAIN RESTRICTIONS AS TO DISTANCE BASED UPON CERTAIN FINDINGS; IMPOSING CERTAIN CONDITIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 3-52, City of Tampa Code of Ordinances, Specialty Malls of Tampa, Inc., ("Petitioner"), filed an application with the City of Tampa requesting that the certain lot, plot or tract of land located at 3924 West Spruce Street, Tampa, Florida, and as more particularly described in Section 2 hereof ("Subject Property"), be zoned for the sale of alcoholic beverages; WHEREAS, the Petitioner is seeking that the Subject Property be zoned for the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-COP) - for consumption on premises and in sealed containers for consumption off premises; WHEREAS, Sections 3-70(a) (2), (3) & (4), City of Tampa Code of Ordinances, prohibit property from being zoned for the sale of alcoholic beverages if the property is located within one thousand (1000) feet of an established church, public or private school, hospital, public recreation area, park, day care center, halfway house, alcoholic rehabilitation center, governmental building used for governmental purposes, property zoned for residential purposes or any establishment selling alcoholic beverages; WHEREAS, the City Council of the City of Tampa may waive the aforementioned restrictions as to distance when there is or will be built upon the property a bona fide restaurant, hotel, motel or other retail business establishment wherein the sale of alcoholic beverages will be entirely incidental to the primary function of the establishment;
WHEREAS, Section 3-76, City of Tampa Code of Ordinances, permits the granting of a conditional alcoholic beverage zoning, under certain circumstances, to permit the temporary sale of alcoholic beverages for no more than one (1) year from the effective date of the Ordinance; WHEREAS, Section 3-73, City of Tampa Code of Ordinances, authorizes the imposition of conditions, limitations or requirements related to the business hours of the establishment located on the petition property, the location of said business establishment or the sanitary regulations relative to said location to ensure that the public health, safety and general welfare are protected; and, WHEREAS, a duly noticed public hearing was held by the City Council of the City of Tampa in accordance with law, at which all parties in interest and citizens were afforded an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That the conditional sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-COP)- for consumption on premises and in sealed containers for consumption off premises, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of located at 3924 West Spruce 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 3. That this Ordinance is adopted by the City Council of the City of Tampa upon a finding that the sale of alcoholic beverages is entirely incidental to the primary function of the business establishment operated or to be operated upon the lot, plot or tract of land described in Section 2 herein. Section 4. That, based upon the finding in Section 3 above, the City Council of the City of Tampa hereby waives the distance separation requirements found in Sections 3-70(a) (2), (3) & (4), City of Tampa Code of Ordinances. Section 5. That, based upon the finding in Section 3 above, the provisions of Section 3-70(a)(6), City of Tampa Code of Ordinances, shall specifically apply to the zoning granted herein. Section 6. That this conditional alcoholic beverage zoning is adopted pursuant to the provisions of Section 3-76, City of Tampa Code of Ordinances,