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HomeMy WebLinkAbout2007 03 12 Informational 104 Status of temporary parking Phase II-A Winter Springs Town Center COMMISSION AGENDA ITEM 104 Informational March 12, 2007 Regular Meeting Mgr. Dept. Authorization REQUEST: The Community Development Department informing the Commission regarding the status of temporary parking in Phase II-A of the Winter Springs Town Center. PURPOSE: The purpose of this item is to inform the City Commission regarding the provision of approximately fifty-six (56) temporary parking spaces on vacant real property adjacent to the east side of Main Street and north of the existing McDonald's Restaurant as stipulated in Section 4.5 (B) of the Winter Springs Town Center Phase II Implementation Agreement. CONSIDERATIONS: Section 4.5 (B) of the Winter Springs Town Center Phase II Implementation Agreement stipulates that within sixty (60) days of the effective date of the implementation agreement, MSA (Main Street Associates), in lieu of the 123 temporary parking spaces depicted on the final engineering plans on property east of the McDonalds, shall make available approximately fifty-six (56) temporary parking spaces on vacant property adjacent to the east side of Main Street and north of the McDonald's Restaurant. The Implementation Agreement was executed by all parties and became effective on January 30, 2007. MSA representatives have been working with City staff to finalize the details for the temporary parking area. The parking will be accessed from an eastward extension of Tree Swallow Road via an existing curb cut along the east side of Main Street. The parking spaces will be marked with railroad ties, landscape timbers, or some other acceptable means. Staff has requested a layout plan for the temporary parking. MSA will work with the City's Arborist to quantify any trees that have to be removed in order to provide the temporary parking area. A TTACHMENTS: A Section 4.5 of WSTC Phase II Implementation Agreement COMMISSION ACTION: ATTACHMENT A space. Within (30) days after MSA receives a permit to construct the North or South Garage, the City shall deposit, into an interest bearing escrow account, the payment for the parking spaces related to the garage that has been permitted. The City shall pay MSA for the parking spaces at such time they are delivered to the City for the public's use and a fully executed easement is delivered to the City. Payment for the parking spaces shall be in U.S. funds and shall be made by check or wire transfer to MSA. Further, the payment to MSA shall include any interest earned on the money deposited into the escrow account, not to exceed one (1) year's worth of interest. Any interest earned beyond one year shall belong entirely to the City and may be withdrawn from the account at the City's discretion. For purposes of securing the public's perpetual benefit to the sixty-two (62) parking spaces, MSA agrees to post appropriate signage at the parking spaces which shall conspicuously advise the public that the spaces shall be reserved for the benefit of the general public and shall not be used for residential use. Violators shall be subject to being towed. MSA and the City shall finalize the design of, and wording on, the signage no later than the date that the easement is delivered to the City. 4.4 Phase II-B - Additional Public Parking by the City. At the time that MSA submits a formal application for site plan review, which evidences MSA's intent to construct any parking facility within Phase II-B, MSA shall provide the City a right-of-first-refusal to purchase a perpetual parking easement for twenty-seven (27) public parking spaces in each such facility. However, this right-of-first-refusal shall not extend to more than one hundred eight (108) public parking spaces. The public parking spaces provided herein shall be in addition to the parking required for the Phase II-B development under the City's Town Center Parking Guidelines. The cost of the public parking spaces shall be on a per space basis and shall be equal to MSA's actual cost to construct said spaces. The City shall have, at its discretion, sixty (60) days to accept or reject MSA's offer. If the City accepts MSA's offer, the conveyance, payment, and signage shall be in the same manner as provided in Paragraph 4.3. 7 4.5 Phase II-A Temporary Parking. MSA and the City acknowledge and agree that there will be a need for temporary unpaved, stabilized parking during the construction of Phase II-A. In order to accommodate this need, the parties agree as follows: (A) To the extent deemed necessary by the parties, the City shall make available not less than thirty (30) temporary parking spaces on the real property known as Magnolia Park until such time as the North and South Garages have been completed. (B) Within sixty (60) days of the Effective Date of this Implementation Agreement, MSA, in lieu of the 123 temporary parking spaces depicted on the Final Engineering Plans on property east of the McDonalds, shall make available approximately fifty-six (56) temporary parking spaces on vacant real property adjacent to the east side of Main Street and north of the existing McDonald's Restaurant. However, MSA may discontinue the temporary parking spaces within ninety (90) days following the application of a building permit for the Phase II-A South Garage. 4.6 Special Conditions for Garage Parking Spaces. conditions shall apply to the garage spaces: The following special Town Center Phase II Implementation Agreement City of Winter Springs and Main Street Associates, LLC - 5-