A-35 - Hillsborough County

Agenda Item Cover Sheet
Agenda Item No. A-35
Meeting Date
x Consent Section
‰
‰ Regular Section
February 06, 2013
‰ Public Hearing
Subject:
Mutual License Agreement between Ballyhoo Group, LLC and Hillsborough County for the use of
Upper Tampa Bay Trail right-of-way in exchange for providing trail parking
Department Name: Real Estate Services
Contact Person: Kurt G. Gremley
Sign-Off Approvals:
Contact Phone:
272-5810
Assistant County Administrator
01/28/2013
Date
Department Director
01/25/2013
Date
Management and Budget – Approved as to Financial Impact Accuracy
01/25/2013
Date
County Attorney – Approved as to Legal Sufficiency
01/25/2013
Date
Staff's Recommended Board Motion:
Approve a Mutual License Agreement with Ballyhoo Group, LLC, ("Ballyhoo"), which would allow for
the use of a portion of the Upper Tampa Bay Trail right-of-way for a limited vehicular trail crossing,
parking, and certain ancillary restaurant activities by Ballyhoo and additional daytime parking for trail
users. The additional costs for this Mutual License Agreement can be accommodated within the
approved FY13 operating budget of the Parks, Recreation and Conservation Department.
Financial Impact Statement:
The additional costs for this Mutual License Agreement can be accommodated within the approved
FY13 operating budget of the Parks, Recreation and Conservation Department. (PRE06120)
Background:
Project #2011-153-P - The Ballyhoo Group, LLC, a Florida limited liability company, ("Ballyhoo"),
operates the Ballyhoo Grill restaurant on Ehrlich Road in Citrus Park, adjacent to the County's Upper
Tampa Bay Trail. Ballyhoo has parking lots on both sides of the trail and contacted the Parks,
Recreation and Conservation Department (PRC) to request a possible vehicular crossing of the trail to
facilitate access by their patrons to the parking lots on each side of the trail. During staff's evaluation of
that request, it was determined that there were already certain existing restaurant and parking
improvements within the County owned trail right-of-way. Staff with PRC and Real Estate Services
worked with the representatives of Ballyhoo to prepare a Mutual License Agreement ("Agreement") that
would address the proposed trail crossing and the other uses. The Agreement allows for construction
and use of a one-way vehicular trail crossing for use only after dusk when the trail is closed. The
Agreement also allows Ballyhoo to use trail right-of-way on the west side of the trail for ancillary
restaurant activities and parking, though there is a prohibition for any alcohol or seating in this area. In
consideration of Ballyhoo's use of trail right-of-way, the Agreement provides that our trail users (the
public) may use portions of the Ballyhoo property for daytime parking. Additional parking at this
location is deemed to improve access to the trail and benefit our users. The proposed Agreement was
presented to the Hillsborough Greenways Committee and no objections were raised. Staff also held a
public awareness meeting where the majority of the comments did not object to the crossing or use. The
Agreement allows either party to terminate with 30 days notice and subsequent removal of all
improvements from trail right-of-way. The Interim Director of the Real Estate Services Department and
the Director of the Parks, Recreation and Conservation Department recommend approval.
List Attachments:
License Agreement (two originals), Sketch
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
BOARD ITEM SKETCH: UTBT – Access & Encroachment Issues
Project No. 2011-153-P
Area 2 – Ancillary
Restaurant Activities
BALLYHOO
2
GRILL
1
Area 1 – Parking
Improvements
Sec. 2, Twp. 28 S., Rge. 17 E.
Proposed
Trail
Crossing
Daytime Trail
Parking
Location Map
2
GENERAL
LOCATION