HomeMy WebLinkAboutDocumentation_Regular_Tab 19_12/14/2023 Agenda Item #19. Regular Council STAFF MEMO Meeting: Regular Council - Dec 14 2023 Staff Contact: Jeremy Hubsch Department: Community Development Conceptual Presentation By Whitman Family Development For Bal Harbour Shops To Develop a Temporary Pop-Up Shopping Concept At Paradise Park The Bal Harbour Shops ("The Shops") is an open-air shopping mall in Bal Harbour, located north of Miami Beach. The mall has approximately 100 stores within 450,000 square feet of retail area. The Shops is anchored by Neiman Marcus and Saks Fifth Avenue, with a wide variety of well-known luxury tenants. Whitman Family Development, owners of The Shops recently created a new temporary pop-up shopping concept that will enable them to showcase some of their tenants around the country. Their first location recently opened in Raleigh, North Carolina and features nine different tenants, with Tiffany & Co as the anchor tenant. The Raleigh location will be open until January 14, 2024. The Shops intends to bring the pop-up concept to Tequesta next, with a desired opening in February of 2024. If approved, the pop-up would remain open for approximately two months. The proposed location is the northeastern parcel at Paradise Park, where an existing surface parking lot is located. The design of the pop-up will be exactly the same as the one currently in Raleigh. It is comprised of modified shipping containers that are combined together, with a courtyard and landscaping in the middle. There are six small shops, three medium shops, and one large shop, along with a restaurant and lounge. The large shop is anticipated to be Tiffany & Co. The interior courtyard, lounge, and restaurant will all have seating for visitors. Alcohol service is planned in the lounge and restaurant. Due to the tight timeline for approval, Village Staff recommended bringing the project to Village Council as a Conceptual Presentation at the December 14th meeting, before the review of a Special Event Permit in January 2024. Village Staff met with the applicant in early November to get a better understanding of the project. The applicant then provided staff with construction documents for the project in late November. The construction documents contain 121 sheets of plans and product specifications. At the time of this report, the Village's Building and Fire Departments have not had sufficient time to conduct their reviews. The project will ultimately need sign off by the Building and Fire Departments and the Village Staff can work with the applicant to ensure all issues are worked out prior to Special Event Permit approval in January. The Police Department (" The PD") has provided a letter with concerns about the project. The PD wants to ensure that a physical barrier is in place and that alcohol will not be able to be carried outside of the barrier. The PD believes that police security is needed at the busiest times and that there should be 24-hour private security, due to concerns with theft. The PD, Village Manager, and Community Development Director all have concerns about the proposed location of the pop-up shopping and its potential impacts on the business at 1 Main Street. The valet parking stand is proposed where the existing angled parking spaces are located on Main Street and the pop-up Page 350 of 593 Agenda Item #19. shopping is shown on the existing surface lot, which provides overflow parking for local businesses. There are concerns that this will negatively impact the existing businesses in the adjacent building at 1 Main Street. Additionally, The PD has concerns about parking on the existing grass lot. The proposed plan locates all of the shopping, bathrooms, and associated trailers on the existing surface lot. This will require visitors to park on one of the existing grass lots. Section 78-693 of the Village Code states, "parking on grass, or on gravel, or other non-living landscaped material in any zoning district is prohibited". Due to this being a temporary use, it is possible that this code section can be waived but given the anticipated number of visitors to the site, staff has concerns with allowing a significant amount of parking in the grassed areas. Students from Harvey's Academy use the vacant grass lots as their playground and The PD would also like to ensure they remain protected. Finally, The PD has concerns with noise from the generators that will power the project. The Village noise ordinance limits sound emitting from developments to 60 decibels, and to 55 decibels between 11 pm and 7am Monday through Saturday and any time on Sunday. Section 30-388 does enable the Village Manager relief from the noise level requirements on a temporary basis. However, given that the proposed location is across Tequesta Drive from the Tequesta Trace Condos, staff believes any generator should be located as far away as possible from adjacent residential uses, which would be on the southern portions of the site. The attached documents in the agenda packet show the proposed site plan, layout, and renderings of the concept. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a FUNDING SOURCES: n/a IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONn/a 2023-11-22 BHS Pop Up Application BHS ACCESS Pop-Up BHS ACCESS-Construction Documents Bal Harbour Police Department Concerns Noise Code Page 351 of 593 Agenda Item #19. Special Event Code Page 352 of 593 DocuSign Envelope ID:44EBODF7-7C54-4710-A5CC-D3A6ECF40CF1 A Item #19. v'G �F r GF� VILLAGE OF TEQUESTA Ck. # Planning and Zoning Department Rec. # 345 Tequesta Drive Date: o Tequesta, FL 33469 �a o Phone: 561.768.0451 Fax: 561.768.0698 CN co APPLICATION FOR CONCEPTUAL PRESENTATION TO VILLAGE COUNCIL PETITION NUMBER(For Office Use Only): PROJECT NAME: Bal Harbour Shops Access Pop Up PROJECT ADDRESS: Paradise Park-Tequesta Dr. and Main St. ZONING DESIGNATION: M-U Mixed Use Estimated Project Cost: $450,000 Applicant Name: Bal Harbour Shops Access Pop Up, LLC Applicant's Address: c/o Whitman Family Development, 420 Lincoln Road, Suite 320, Miami Beach, FL 33139 Applicant's Phone No.: 305-403-9200 Fax No.: Cell No.: 561.309.1748 E-mail Address: be@whitmanfd.com Property Owner's Name: FP Tequesta Property Owner LLC Property Owner's Address: 3535 Military Trl. Ste. 101 Jupiter, FL 33458 Property Owner's Phone No.: +1 (954) 873-3709 Fax No.: Cell No.: E-mail Address: Phil@perkodev.com DESCRIPTION OF WORK: Luxury, Lifestyle and Fashion Pop-up activation. Application Fee: $300.00. The applicant will submit to the Village of Tequesta Planning&Zoning Department the following documents for Village Council, Thirty(30) days prior to the meeting date: 1) Twelve (12) sets of plans l 1x17 size. 2) Three(3) full size sets of plans. 3) Any other documents that may help clarify the purpose of the conceptual presentation. BAL HARBOUR SHOPS ACCESS POP UP, LLC NAME (PRINT) Te',,S. SIGNATURE 11/25/2023 DATE NOTE: All renderings, models,drawings,photos,etc., submitted to the Village will become the property of the Village of Tequesta. Page 353 of 593 Agenda Item #19. 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JI3n0_1 �. o sIw 3 � till �a a1]It Elf if oil alir I H Or Q Q m o o - om rc III I I IIII o 0 II Air fir II I I v - - - - - - - II Hi III I�IL IIIIII III IIII IIII II X - — X X Efl gz - � IIIIII IIIIII III � - — � IIIIII-IIII � — a a III III III III III III a- I a, X - X — - QV- loss A enda Item#11 N3-10- w d Hill PH �m o p �-II � IIIII -_ II o ' it it II_IIII it � i' III I I III ll H _ i III IEE 10 - i � ll _ i e III i — i Agenda Item #19. Village of Tequesta Police Department 357 Tequesta Drive 561-768-0500 Tequesta, FL 33469 sue' www.tequesta.org Police Chief Gus Medina Police Department Bal Harbour Concerns • Temporary Special Event Permit—Code does not specifically designate the duration of a special event, however in past practice, special events have only been for a short duration of time, not weeks. This should be discussed with Wayne Cameron. • Alcohol License/Lounge—Under what business name will it be issued? • Will need physical barriers defining the space in which alcohol can be consumed,will not be allowed to carry alcoholic drinks outside of defined barrier. (In Special Event Code 78-561) • Needs Police Security at busiest times, ie: weekends(Due to Tiffany's Jewelry Store). • Should have 24 hour security due to businesses. • Is the glass in the display cases tempered or is it easily broken, ie: smash and grab • Containers are now being shown being set up in parking lot, where in meeting the containers were going to be in grass. Parking is shown to be in grass, making parking difficult for visitors. Consumers will have to drive over curb to park and will not have defined parking spaces. No defined parking spaces increases the chances of shoppers being hurt while walking to or from the shops. Will not be any handicap driver parking spots in grass either. Inclement weather could cause shoppers to become stuck,thus needing wreckers. • Needs gates defining no parking on Harvey Academy's playground along with bollards to protect the children from drivers due to the increase in traffic. • Valet Stand—Valet stand blocks parking areas for other businesses located on Main Street. Most of these businesses are used by local residents, and the valet stand will unduly impede our residents' daily activities. • If generators are used to power the businesses,Tequesta has a noise ordinance against loud exhaust noises (Tecluesta's Article X, Division 2- Maximum Sound). After the businesses close, the generators would have to be stopped due to the residential apartments on Tequesta Drive. With the loss of power, comes the loss of lights for the buildings, possibly making it more difficult for private security contractors, if used. There will also need to be a security fence surrounding any generators for safety and security concerns. • Why was there a news article disseminated stating the Bal Harbour event, is coming to Tequesta when there has not been approval? https://www.forbes.com/sites/claraludmir/2023/11/01/bal-harbour-shops-goes-on-tour-with- exclusive-traveling-luxury-pop-up-activation/?sh=549132115178 This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 391 of 593 Ag ,4094m #19. Tequesta, FL Code of Ordinances DIVISION 2. - MAXIMUM SOUND LEVELS Sec. 30-381. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A band level means the total sound level of all noise measured with a sound level using the A-weighting network. The unit of measurement is the dB(A). Ambient noise means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. Bel is a unit of level when the base of logarithm is ten. Use of the bel is restricted to levels of quantities proportional to power. Decibel is one-tenth of a bel and is a unit of level when the base of the logarithm is the ten root of ten, and the quantities concerned are proportional to power. Emergency work means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger. Microbaris a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter. Period ofa periodic quantity means the smallest increment of time for which the function repeats itself. Periodic quantity means an oscillating quantity, the values of which recur for equal increments. Sound level metermeans an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner. Sound pressure level, in decibels of sound, is 20 times the logarithm to the base 10 of the ratio of the pressure of this sound to the reference pressure, which reference pressure must be explicitly stated. The acoustical and/or other terminology referenced in this section shall be that contained in ANSI S1.1, Acoustical Terminology. (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-382. -Tests for unlawful noise. The standards which shall be considered in determining whether a violation of section 30-361 exists shall include, but shall not be limited to, the following: Page 392 of 593 Agm'ft RPM #19. Tequesta, FL Code of Ordinances (1) The volume of the noise; (2) The intensity of the noise; (3) Whether the nature of the noise is usual or unusual; (4) Whether the origin of the noise is natural or unnatural; (5) The volume and intensity of the background noise, if any; (6) The proximity of the noise to residential sleeping facilities; (7) The nature and zoning of the area within which the noise emanates; (8) The time of the day or night the noise occurs; (9) The duration of the noise; (10) Whether the noise is recurrent, intermittent or constant; and (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-383. - Noise limits. It shall be unlawful to project a sound or noise, excluding noise emanating from cars, trucks or motorcycles, from one property into another which exceeds either the limiting noise spectra set forth in table I in this section, or exceeds the ambient noise level by more than three decibels. (1) Genera/limitation. Sound or noise projecting from one property into another property shall not exceed the limits set forth in Table 1 (2) Measurement of noise. a. The measurement of sound or noise shall be made with a decibel or a sound level meter operating on the A-weighting scale of any standard design and quality meeting the standards prescribed by the American National Standards Association. The instruments shall be maintained in calibration and good working order. Measurements recorded shall be taken as to provide a proper representation of the noise source. The microphone, during measurement, shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured. b. The slow meter response of the sound level meter shall be used in order to best determine that the average sound has not exceeded the standards set forth in table I. c. The measurement shall be made at the property line of the property on which such noise is generated, or perceived, as appropriate, five feet above ground. d. In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary. Page 393 of 593 ?/5 A9 ,da m #19. Tequesta, FL Code of Ordinances (3) Table of noise limits. The limits referred to in this section shall be in accordance with the following table: TABLE Districts Decibels on A-Weighting Scale R-1A, R-1, R-2, R-3 60 decibels C-1, C-2, MU 60 decibels (4) If the noise is not smooth and continuous, one or more of the corrections in table II shall be added to or subtracted from each of the decibel levels given in table I in subsection (3) of this section. TABLE II Type of Operation in Character of Noise Correction in Decibels Noise source operated less than 20% of any 1-hour period Plus 5 Noise source operated less than 5% of any 1-hour period Plus 10 Noise source operated less than 1% of any 1-hour period Plus 15 Noise of impulsive character (hammering, etc.) Minus 5 Noise of periodic character (hum, screech, etc.) Minus 5 (5) If the noise occurs between the hours of 11:00 p.m. and 7:00 a.m. on Monday through Saturday or at any time on Sunday or holidays, five shall be subtracted from each of the decibel levels given in table I of subsection (3) of this section. (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-384. - Motorized vehicles. Page 394 of 593 o hni i4•hlnnl 3Lri Aage,daqltm #19. Tequesta, FL Code of Ordinances It shall be unlawful to operate a motorized vehicle within the village which creates a noise or sound which exceeds the noise level limits set out in table III. TABLE III. LIMITING NOISE LEVELS FOR MOTOR VEHICLES (1) Trucks and buses. a. Over 10,000 pounds: 87 dB(A) measured at 50 feet, maximum allowable limit. 93 dB(A) measured at 25 feet, maximum allowable limit. b. Under 10,000 pounds: 80 dB(A) measured at 50 feet, maximum allowable limit. 86 dB(A) measured at 25 feet, maximum allowable limit. (2) Passenger cars. 78 dB(A) measured at 50 feet, maximum allowable limit. 84 dB(A) measured at 25 feet, maximum allowable limit. (3) Motorcycles, including other vehicles. 87 dB(A) measured at 50 feet, maximum allowable limit. 93 dB(A) measured at 25 feet, maximum allowable limit. (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-385. - Enclosed places of public entertainment. (a) It shall be unlawful to sustain in any enclosed place of public entertainment, including but not limited to a restaurant, bar, cafe, or establishments selling alcoholic beverages, any noise amplitude equal to or in excess of 95 dB(A) sustained for more than 30 seconds. (b) Such sound or noise is to be measured by a sound level meter approved by the American National Standards Association from any area to which the public is invited within any enclosed place of public entertainment. (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-386. -Aircraft. It shall be unlawful for any person to operate or cause to be operated any type of aircraft over the village which produces noise levels exceeding 98 dB(A) within the village. Page 395 of 593 abouttlank 4/5 A►lgendagRam #19. Tequesta, FL Code of Ordinances (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-387. - Exemptions. (a) The following uses and activities shall be exempt from noise level regulations: (1) Noises of safety signals, warning devices, and emergency pressure relief valves. (2) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency. (3) Noises resulting from emergency work. (4) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the village in accordance with section 30-388. (5) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction used pursuant to and within the duly adopted federal air regulations. (b) Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations shall also be exempt from the provisions of this article. (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-388. - Special permit. (a) Application for a permit for relief from the noise levels designated in this article on the basis of undue hardship may be made to the manager or his duly authorized representative. Any permit granted by the manager under this section shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The manager, or his duly authorized representative, may grant the relief as applied for if he finds that: (1) Additional time is necessary for the applicant to alter or modify his activity or operation to comply with this article; or (2) The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other sections of this division. (b) The manager may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Ord. No. 19-13, § 1, 8-8-2013) Secs. 30-389-30-410. - Reserved. Page 396 of 593 abouttlank 5/5 Axi I-RU cj m #19. Tequesta, FL Code of Ordinances Sec. 78-561. - Special events. (a) Permit required. Any village resident, or any village business holding a current village business tax receipt pursuant to chapter 70, article II, is eligible to apply for and obtain a special event permit pursuant to this section. Any such resident or business that desires to conduct any type of special event within the village must obtain a permit from the village in order that the village may adequately provide for the potential impacts created by the proposed event. A maximum of four such permits shall be allowed per address or per business in any single calendar year. A special event that includes multiple addresses, for example within a shopping center, shall count as one event for each address captured by the special event permit. (b) Written application. Written application must be submitted to the village building department ; which application shall contain the following information: (1) Type of event(s) proposed. (2) Sponsor or person(s) responsible for event. (3) Proposed location with property owner's written consent. (4) Proposed date, commencement time and duration of event. (5) Approximate number of participants. (6) Proof of insurance in amounts acceptable to the village for the type of event. (7) Expected traffic, fire-rescue, and utilities impact, if any, and proposed mitigation plans. (8) Copy of all required state and county permits if event will be held on or utilize state and/or county-controlled property. (9) A refundable deposit is required if the event is held on any village property. The amount of this deposit shall be set by resolution of the village council. (c) Deadlines to submit complete applications. In order to provide sufficient time for full administrative review and for final village council approval, complete applications for special events that contemplate attendance of 200 or more persons shall be submitted to the village building department a minimum of 45 days prior to the date for which the special event is proposed. Complete applications for special events that contemplate attendance of less than 200 persons, (which do not require final approval of the village council), should be submitted to the village building department a minimum of 20 days prior to the date for which the special event is proposed in order to provide sufficient time for full administrative review, and for final village manager approval. (d) Minimum impact. All special events shall be coordinated with the village in order to lessen adverse impacts and to allow for continuous protection of the health, safety and welfare of all. In order to provide such protection, all applications for special events shall be reviewed and signed Page 397 of 593 ahnut•hlank 1/3 qbg (J.40 m #19. Tequesta, FL Code of Ordinances off by the police chief and the fire chief. In addition, review and approval by other applicable departments may be required on a case by case basis. (e) Alcoholic beverage service. Notwithstanding anything contained in the Village of Tequesta Code of Ordinances to the contrary, alcoholic beverages are permitted at approved special events under the following conditions. The service of alcoholic beverages at any special event shall require, as a condition precedent, the issuance of the appropriate state alcoholic beverage permit, a copy of which must be provided to the village in conjunction with the special event permit application. All terms and conditions of any state issued permit shall be strictly adhered to by the applicant. In addition, the village may require, in its sole discretion, the use of physical barriers to define and contain the outdoor area within which alcoholic beverages may be consumed, and/or the use of security or off-duty law enforcement personnel at the special event. It is the applicant's responsibility to monitor for and prevent excessive as well as underage consumption of alcoholic beverages at all times. The applicant shall indemnify, defend and hold the village harmless from any and all damage to any real or personal property, and from any and all injury or death suffered by any person directly or indirectly related to the consumption of alcoholic beverages in conjunction with the special event. (f) Final action. (1) After review by, and with the recommendations of the building department director, the police chief, the fire chief, and other applicable departments on a case by case basis, the village manager shall approve the application, deny the application in whole or in part; or approve the application with conditions. Such action shall be taken within ten business days from the submittal of a complete special event application, or the application shall automatically be deemed approved. (2) If the application is denied, the applicant may request an appeal to the village council. Such request must be made in writing to the village manager within ten days of the denial, and shall be considered by the village council at its next scheduled meeting. (3) Any proposed special event whose attendance is contemplated to exceed 200 people in total shall also require final approval by the village council which, after considering the recommendations of the village manager, may approve the application, deny the application in whole or in part; or approve the application with conditions. (4) Denial of a special event permit application, or the imposition of certain conditions by either the village manager or the village council may be based, among other reasons and at the sole discretion of the village, upon violations of the terms and conditions of a previously approved special event permit for the same address. (g) Nonprofit enterprises. (1) Page 398 of 593 nhni it•h1nn k 2/3 A►gendaokem #19. Tequesta, FL Code of Ordinances The village may issue non-profit permits to any person or organization for the conduct or operation of occasional sales and/or fundraising projects held by nonprofit enterprises, either regularly or temporarily, when the applicant signs an affidavit that the applicant operates without private profit, for a civic, public, charitable, youth, service, educational, literary, fraternal, or religious purpose. (2) A person making application under this section must comply with all rules and procedures for the granting of special event permits as set forth in this section. All persons operating under a non-profit permit shall operate their nonprofit enterprise in compliance with this section and all other rules and regulations of the village. (3) Any person signing a false affidavit pursuant to this section shall be subject to a $250.00 fine for a first offense and a $500.00 fine for a repeat offense, or may be cited to the village code enforcement special magistrate. (h) Definition. For purposes of this section, a "special event" is any outdoor activity, gathering or group of persons, vehicles or both, organized and having a common purpose, upon public or private property, which is likely to inhibit the usual flow of vehicular or pedestrian traffic, which is likely to creates noise in excess of that typically associated with the areas upon which the event is to occur, or which is likely to preempt or restrict use of property typically accessible by the general public. Examples of special events include, but are not limited to block parties, parades, races or walks, grand opening events, charity fundraisers, and other similar events not specifically permitted by the village's zoning ordinance. (i) Village sponsored events. Special events that are sponsored by the village and held on village property shall be exempt from the provisions of this section. (Ord. No. 27-13, § 1, 6-12-2014; Ord. No. 01-20, § 1, 4-9-2020) Page 399 of 593 about:blank 3/3