HomeMy Public PortalAboutLTC 061-2016 Questions-Answers Regarding the Proposed Bal Harbour Shops ExpansionPrepared by Village Staff on March 24, 2016
Village Responses to Questions Regarding the Proposed Bal Harbour Shops Expansion
Originally Submitted by Daniel S. Holder
1. Original square footage
Currently, the square footage of the Shops is 511,422 (in gross floor area) (Page 14
from Agenda Packet).
2. After 800,000 square foot addition
BHS proposes an increase of 423,422 square feet (Page 14 from Agenda Packet).
3. Proposed square footage
The proposed square footage in the application is approximately 934,834 (in gross floor
area) (Page 14 from Agenda Packet).
4. Current total parking spaces
Currently, there are 1,679 spaces in the Shops (Page 14 from Agenda Packet).
5. Proposed total parking spaces
BHS proposes 2,789 permanent spaces (Page 14 from Agenda Packet).
6. Typical turnover time for parking spaces generally for a shopping center
N/A
7. What will be the carbon emissions and deterioration of air quality in the shops and
surrounding area?
N/A
8. How will this affect children and adults in the Bal Harbour Park? In the Surfside Park?
N/A
9. Current truck traffic parallel to Park Drive
[Excerpted from BHS Response] Currently all of the truck traffic at the Shops drives
along the Bal Harbour Shops interior circulation path parallel to Park Drive which interior
path is screened from Park Drive.
10. Current hours of operation
[Excerpted from BHS Website] Currently, the hours at the Shops are 10am to 9pm
Monday through Saturday; 12 noon to 6pm on Sundays.
Prepared by Village Staff on March 24, 2016
11. Proposed truck traffic parallel to park drive
[Excerpted from BHS Response] After the enhancements are completed, some of the
trucks will no longer use the interior circulation path parallel to Park Drive, as they will be
using the truck bay on 96th Street.
12. Allowed hours of operation
[Excerpted from BHS Website] Currently, the hours at the Shops are 10am to 9pm
Monday through Saturday; 12 noon to 6pm on Sundays.
13. Can the truck traffic be limited to 9:00am to 6:00 pm?
Yes, it would require an analysis of the impact and legislative action by the Council.
14. Current number of trucks stopped on 96th street waiting to enter
N/A
15. Likely and allowable number of trucks stopped on 96th street waiting to enter
N/A
16. Allowable hours of operation of trucks entering from 96th street
No delivery restrictions for trucks entering on 96th Street. Staff proposes restricting trucks
entering from Collins to the hours between 8:30 am and 5:00 pm (Page 46 from
Agenda Packet).
17. Current loading docks near Bal Bay Drive (at Sacks [sp?] 5th Ave)
There are no loading docks currently near Bal Bay Drive (at Saks Fifth Avenue) (Page
A-111C of Site Plan).
18. Proposed number of loading docks near Bal Bay Drive
BHS proposes two delivery bays and one trash/cardboard compactor fully enclosed
(Page A-111C of Site Plan).
19. Proposed number of trucks using loading dock near Bal Bay Drive
N/A
20. Allowed hours of operation of loading docks near Bal Bay Drive
Staff proposes restricting trucks entering from Collins to the hours between 8:30 am and
5:00 pm (Page 46 from Agenda Packet).
Prepared by Village Staff on March 24, 2016
21. Can loading dock be limited from 9:00am to 6:00 pm?
Staff proposes restricting trucks entering from Collins to the hours between 8:30 am and
5:00 pm (Page 46 from Agenda Packet).
22. Proposed Village truck and large vehicle parking adjacent to Bal Bay Drive
BHS will grant the Village a perpetual, irrevocable license for the Village to park and
access municipal vehicles on BHS property (2,500 square feet). The space will
accommodate up to five Village vehicles (Page 18, 117 from Agenda Packet, Page A-
111C on Site Plan).
23. Will trucks unloading, other than those going to Sacks [sp?], be able to enter from
Collins
Yes.
24. What changes or additions will generate more noise from music or events audible in
buildings along Collins Ave and in the gated community?
None.
25. What will be the allowable noise lever [sp?] ?
Bal Harbour Village Code Chapter 11, Article II – Noise, governs noise levels. BHS must
abide by the restrictions in the Village Code.
Required variances or code changes for:
26. Height of buildings: specify
Height of buildings is governed by the Bal Harbour Village Charter Section 80 – Building
Height. The Charter can only be changed by referendum. There are no proposed height
changes (Page 15 from Agenda Packet; Page A-311 and 312 of Site Plan).
27. Set back requirements: specify
The set back changes requested by the applicant would require an ordinance be
approved after a public hearing by the Local Planning Agency and two public hearings
by the Village Council (Page 15, 25 in Agenda Packet).
28. Type of use requirements: specify
The applicant is asking the Village to amend its Future Land Use Map (FLUM), which is
included in the Village’s adopted Comprehensive Plan, from “INST” Institutional to
“COMM” Commercial for the parcel where the Church by the Sea stood. This request
requires an ordinance be approved after a public hearing by the Local Planning Agency
and two public hearings by the Village Council (Page 33, 247 in Agenda Packet).
If the sale of Village Hall is approved, the applicant is similarly requesting to amend the
Future Land Use Map (FLUM) from “M” Municipal to “COMM” Commercial for the parcel
where the Village Hall stands. This request requires an ordinance be approved after a
Prepared by Village Staff on March 24, 2016
public hearing by the Local Planning Agency and two public hearings by the Village
Council (Page 33, 266 in Agenda Packet).
29. Other: specify
N/A
30. How much will be generated in new taxes?
Based upon the growth assumption of five-percent, and the existing Bal Harbour Shops
footprint, revenue is anticipated, on a twenty year horizon, to grow from $1.7 million to
approximately $4.6 million per year. With the expansion of the Shops and additional
venues to contribute to Resort Tax and Business Tax Receipts, revenue growth could
realistically grow from $3.0 million in the first year to upwards of $8.1 million per year by
2034.
In addition, other miscellaneous revenues, such as State shared Sales Tax revenue,
intergovernmental funds, etc., could all be expected to grow. Finally, all tenant build-out
plans will be subject to Building Permit fees which will be collected at the Village building
permit fee rate at the time of submission (Page 39-40 in Agenda Packet).
31. How much will be required in new services?
To address any increase in public safety service demand, BHS has agreed to pay
$250,000 annually for police patrol services during their hours of operation. In
addition, BHS will be required to post off-duty police officers at any construction site
entrance or exit during the period of construction (Page 20, 122-123 from Agenda
Packet).
To address any increase in transportation/traffic service demand, BHS will be
required to provide a parking surcharge (estimated at $800,000 per year to fund
parking and multi-modal mobility initiatives) (Page 20,118 of the Agenda Packet).
In addition, BHS must fully implement and fund all traffic improvements described in
its traffic study (Page 20,118 of the Agenda Packet).
To address any increase in water and sewer service demand, BHS will be
responsible for the cost of any onsite and offsite water and sewer improvements
required to facilitate the development of the Project or to satisfy any applicable
concurrency requirements (Page 19, 120 of the Agenda Packet).
32. What impact will expansion have on water supply?
BHS will be responsible for the cost of any onsite and offsite water and sewer
improvements required to facilitate the development of the Project or to satisfy any
applicable concurrency requirements (Page 19, 120 of the Agenda Packet).
Prepared by Village Staff on March 24, 2016
33. What impact will expansion have on waste disposal?
BHS will be responsible for the cost of any onsite and offsite water and sewer
improvements required to facilitate the development of the Project or to satisfy any
applicable concurrency requirements (Page 19, 120 of the Agenda Packet).
34. What impact will the expansion have on the electrical power supply?
N/A
35. With traffic already horribly congested, what impact will expansion have on traffic when
completed?
Pursuant to the Village traffic analysis conducted by The Corradino Group, all study
intersections currently operate adequately at an acceptable level of service in the year
2015 when compared to the adopted level of service as per the Village Comprehensive
Plan. The comparison between the two traffic studies indicate that the existing level of
service resulting from The Corradino Group traffic study are similar to the FCI traffic
study. All study intersections will continue to operate adequately at an acceptable level
of service in the year 2020 with the proposed project and traffic enhancements
(recommended by FCI traffic study) in place for both trip generation scenarios (Scenario
1 and 2). The comparison between the two traffic studies indicate that, although the
delays increase under The Corradino Group alternative traffic analysis scenarios, the
LOS results from The Corradino Group are close to FCI traffic study and are acceptable
when compared to the adopted level of service as per the Village Comprehensive Plan
(Page 34-35, 118-120 from Agenda Packet).
36. The shops claim that the expansion will improve traffic. How is that possible with ___
thousand more cars turning over every three hours?
BHS determined that several improvements were needed in order to satisfy the
requirement in the adopted Comprehensive Plan. The following intersections were
optimized along with the future proposed enhancements pursuant to the BHS Traffic
Study:
Collins Avenue and North New Drive
Collins Avenue and 9700 Block
Collins Avenue and 96th Street
Harding Avenue and 96th Street
Byron Avenue/Loading & 96th Street
96th Street & BHS South Driveway
Since mitigation is recommended in the form of signal optimization and modification, the
developer needs to coordinate with Miami-Dade County Traffic Engineering Department
and the Village to develop a strategy in order to provide modified and acceptable signal
timing plans for the proposed expansion (Page 35, 118-120 from Agenda Packet).
Prepared by Village Staff on March 24, 2016
37. Does the Village traffic study show an improvement in traffic on Collins and 96th street, or
just an “acceptable” increase?
As far as regulatory requirements, the Level of Service (LOS) is established in the
Comprehensive Plan adopted by the Council several years ago. This standard is used
by a number of cities as a base and they then create concurrency areas where this LOS
can be higher. The State also sets LOS standards for roads under their control (Collins
Ave and 96th Street) which is usually higher than D. Cities set the LOS as a tool to
evaluate impacts of proposed developments and to determine how a project must
mitigate their fair share of the impact.
BHS determined that several improvements were needed in order to satisfy the
requirement in the adopted Comprehensive Plan (See answer for Question 36) (Page
35, 118-120 from Agenda Packet).
38. What will be the noise impact on buildings along Collins Ave and in the gated community
during construction?
Bal Harbour Village Code Chapter 11, Article II – Noise, governs noise levels. BHS must
abide by the restrictions in the Village Code.
39. How long will construction take?
The Shops construction is going to be phased so as to minimize adverse impacts and
ensure continued operations of the Shops. It is expected to run between 6-8 years
(Pages 108-109 from Agenda Packet).
40. What are the allowable hours for construction to take place?
Bal Harbour Village Code Chapter 11, Article II – Noise governs noise levels. BHS must
abide by the restrictions in the Village Code.
41. Can the Village limit construction to weekdays
Yes, it would require an analysis on the impact and legislative action by the Council.
42. Where will the staging for equipment and materials take place?
All staging will take place on private property (Page 123 from Agenda Packet).
43. What lanes of traffic and sidewalks will be closed on Collins and 96th street during
construction?
No traffic lanes will be closed.
As for the sidewalks, BHS shall maintain safe pedestrian access along Collins Avenue
during Construction. Intermittent closures will be permitted subject to reasonable Village
Manager approval. The 96th Street sidewalk may be partially closed to pedestrian use
during construction provided that BHS provides a safe and reasonable alternative
acceptable to the Village Manager and FDOT (Page 20, 122-123 from Agenda Packet).
Prepared by Village Staff on March 24, 2016
44. If the shops limit the closing of lanes of traffic on Collins and 96th Street, can the shops
file for state permits to close lanes and ignore Bal Harbour restrictions?
Collins Ave and 96th Street are both governed by the Florida Department of
Transportation (FDOT) as they are state-owned/controlled facilities.
45. Can Bal Harbour prohibit the closing of lanes of traffic and sidewalks as part of its
binding agreement with the shops?
BHS shall maintain safe pedestrian access along Collins Avenue during Construction.
Intermittent closures will be permitted subject to reasonable Village Manager approval.
The 96th Street sidewalk may be partially closed to pedestrian use during construction
provided that BHS provides a safe and reasonable alternative acceptable to the Village
Manager and FDOT (Page 20, 122-123 from Agenda Packet).
46. The shops are offering the Village a new Village hall if the village will sell them the old
village hall. Would the village be able to move into the new village hall before having to
vacate the old one?
If the referendum for the transfer of Old Village Hall is approved, Village will transfer the
Old Village Hall Site to BHS 30 days after delivery of a new Village Hall ready for
occupancy on the Fairfield site (Pages 22, 110 from Agenda Packet).
47. What would be the increase in maintenance costs for the new and larger Village hall?
A space need analysis was conducted to determine the size of the new Village Hall. The
conclusion recommends a facility of approximately 32,000 – 35,000 sq. ft. which will
consolidate Village operations that are currently occupying similar space but dispersed
throughout various locations. Therefore, the maintenance costs associated with the new
Village Hall would be comparable, or at most, slightly greater. Given savings from more
modern efficiencies and new warranties, any discrepancy in operating costs would be
more than offset by the elimination of ongoing maintenance and physical plant repairs
that are currently required to upkeep and operate current facilities which have exceeded
their expected useful life (Page 41, 55-73 from Agenda Packet).
48. If the village is given the Fairfield Manor property and the Sun Bank [sp?] Property, how
much will it lose annually in property taxes for those properties?
For the SunTrust - $0; SunTrust has a triple net lease. As the property will continue
to be operated as a commercial activity, all applicable taxes and other expenses will
continue to be paid by SunTrust.
For Fairfield Manor – approximately $9,000 per year. If it is approved for public use,
then it will no longer be on the tax roll. However, this reduction will be more than
offset by the increased property tax generated by adding the old Village Hall site to
the tax roll (Page 37 from Agenda Packet).
Prepared by Village Staff on March 24, 2016
49. When would the Village be able to use the Sub bank [sp?] property?
Simultaneous with the conveyance of the completed New Village Hall, which is expected
to take 18-24 months to construct, the developer will convey the SunTrust property to
the Village. The Village will then collect the appropriate rents (estimated at $650,000 /
year plus annual escalators) going forward (Page 115 from Agenda Packet).
50. Will the rental for the Sun Bank [sp?] property more than pay for the cost of maintenance
and loss of property taxes? What would the difference be?
The SunTrust property has a triple net lease as that will continue to be operated as a
commercial activity; all applicable taxes and other expenses will continue to be paid by
SunTrust. Therefore, there is no cost of maintenance or loss of property taxes to the
Village.
51. If the Sun Bank [sp?] is damaged or destroyed in a hurricane, would the Village be
responsible for rebuilding?
No.
52. Does the Village already have sufficient space for a new Village hall and additional
facilities if they are really needed, and the tax base to afford it?
The waterfront park is the only space currently owned by the Village which could
adequately and aesthetically accommodate a Village Hall of approximately 32,000 –
35,000 sq. ft. as recommended by the space need analysis. In order to fund this
construction project that could cost upwards of $10 million dollars or more, the Village
has the capacity to issue General Obligation Bonds. Issuance of G.O. Bonds would need
to be approved through a referendum. (Page 41, 55-73 from Agenda Packet).
53. Would the expansion draw the creep of North Beach further north and change the nature
of this area?
N/A
54. Would anything that the Village might gain in property and buildings possibly offset the
degradation in quality of life that will certainly result from the currently proposed
expansion?
N/A
55. Why can’t the Village negotiate with the Shops to improve their Collins Avenue entrance
and expand on the prior church property within the current code and zoning
requirements?
On 11/17/2015, the Village Council instructed staff to proceed with negotiating and
evaluating a final site plan and completed application that was submitted by BHS on
10/28/2015 (Page 9 from Agenda Packet).