Item Coversheet

NEW BUSINESS  16.

COMMITTEE MEMORANDUM

TO: Finance and Economic Resiliency Committee Members


FROM:
Alina T. Hudak, City Manager


DATE: September 22, 2023


SUBJECT:

DISCUSSION REGARDING WHETHER ANY PORTIONS OF THE BEACHWALK ALLOW FOR THE CREATION OF A PARALLEL PATH SIMILAR TO BAL HARBOUR VILLAGE AND THE TOWN OF SURFSIDE


HISTORY:

At the June 28, 2023 City Commission meeting item C7 AG, sponsored by Commissioner Alex Fernandez, was discussed. The Commission referred the item to the Finance and Economic Resiliency Committee (FERC). The referral is to discuss whether any portions of the City’s Beachwalk would allow for the creation of a parallel path similar to the Bal Harbour Village and Town of Surfside designs, in order to accommodate a separate path dedicated to bicyclists. 

 

The Beachwalk is part of the larger Atlantic Greenway Network (AGN), which is a system of bicycle and pedestrian trails and facilities designed to promote alternative transportation. The Beachwalk extends in a north/south direction and runs between the erosion control line and the dune system. The Beachwalk provides a direct connection to ten city parks including Altos del Mar, Lummus, and South Pointe, among others. The construction for this project began in 2003 and was completed in 2022. The estimated cost of the entire Beachwalk is $44.9 Million with a total estimated value of approximately $60 Million; it connects area business districts, cultural and tourism centers, residential neighborhoods, parking facilities, parks, schools, and the beaches.

ANALYSIS:

The Administration conducted research to understand the characteristics and history of the developments of the Surfside and Bal Harbour paths. In addition, staff contacted Town of Surfside administration, Bal Harbour Village administration, and the Florida Department of Environmental Protection (FDEP) to obtain the regulatory permitting and authority for the creation of each municipality’s path. Neither entity has an actual, designated bike path—the existing bifurcated paths are a walking/jogging path adjacent to an emergency access path within the dune system to accommodate maintenance and emergency vehicles. These have popularly been used by residents as bike paths but from a permitting perspective, this is not their intended use. It is also important to note that these are natural, unpaved paths. Original permits for these designs could not be obtained due to obsolete archival systems that are no longer accessible.

 

Bal Harbour Village

The original construction for the Bal Harbour jogging path began at the end of 1986 and was completed in 1987 with the assistance of Ludovici and Orange Consulting. It was repaired in January 1987 due to damages caused by a high-tide event and was later redesigned in 2001 by Coastal Systems International, Inc. The redesign included the demolition of the eroded jogging path as well as the removal of the non-native invasive vegetation from the dune system. The approximately one-mile path was placed landward of the old jogging path in high-erosion areas, buffered with the placement of native vegetation to fortify the dune system. Coastal Systems International Inc. negotiated with the FDEP Division of State Lands to obtain an easement for a portion of the new jogging path and restored dunes lying east of the Erosion Control Line—which is State-owned land. The firm also obtained a Coastal Construction Control Line (CCCL) permit as well as the FDEP Marine Turtle Lighting acceptance. The 2001 plan included the jogging path as well as a secondary path intended to be used as an emergency vehicle access road. This unpaved road is currently being used as a bike path, however, this was not designed as an authorized activity.

 

Town of Surfside

The Town of Surfside began its shore protection program in 1978 and completed it in 1982. This included the creation of a 20ft wide dune at +10.7 NGVD elevation and a 50 ft wide level storm protection berm at +8.2 NGVD elevation. Surfside also has a mile-long footpath and an unpaved emergency vehicle access path. The beach and associated dune system seaward of the footpath is maintained in a natural condition on behalf of the State by Miami-Dade County Park & Recreation Department. The maintenance path intended for emergency vehicles is maintained by the Town of Surfside—this has historically been used as a public walking and biking path.

 

Bal Harbour and Surfside designed their dunes approximately 40 years ago to include pathways within the dune crest/between planned vegetated berms and therefore, did not contribute to vegetative habitat loss or require associated mitigation. The City of Miami Beach’s dunes were initiated by the United States Army Corps of Engineers in the 1980s and did not include a bike path within the vegetated areas. However, the Florida Department of Environmental Protection reviewed and approved the construction of the Beachwalk as a travel corridor along the west side of our seven-mile dune system. Furthermore, the City maintains the emergency travel lane along the eastern, beachward edge of the dunes.

 

Regulatory Constraints

There are regulatory limitations on what can be permitted east of the Coastal Construction Control Line (CCCL), or Collins Avenue; as such, allowable activities within the dunes and on the beach are limited, particularly once habitat has been established. The area east of the dunes must follow the CCCL Program established by Florida Statute 62B-33 Ch. 161 Beach and Shore Preservation.  The CCCL program regulates structures and activities that can cause beach erosion, destabilize dunes, damage uplands, and interfere with public access; it aims to protect sea turtles and the overall health of the dunes.

 

If the City were to proceed with creating a new parallel bike path, approvals through the CCCL program as a “new activity” would need to be obtained. A designated bike path would change the current nature of the existing sand by changing it from soft sand to hard pack. The City would need to prove that there would be no impact to sea turtles; because sea turtles such as Loggerhead, Green, and Leatherback nest in soft sand, proof would be required that bike path activity would not impact the sand characteristics per the Endangered Species Act of 1973.

 

If the City were to apply for a permit for a new bike path within or east of the dunes, it would be denied unless it could be demonstrated that the requirements of having no adverse impacts on the integrity of the dune system and sea turtle habitats were met.

 

In addition, staff contacted FDEP and was advised of the permitting challenges and the difficulties of obtaining approvals to create a new path within or east of the dune system.

 

FDEP § 62B-33.005 – General Criteria for Areawide and Individual Permits

Section (3a) denies any application “for an activity which either individually or cumulatively would result in a significant adverse impact including potential cumulative effects. In assessing the cumulative effects of a proposed activity, the Department shall consider the short-term and long-term impacts and the direct and indirect impacts the activity would cause in combination with existing structures in the area and any other similar activities already permitted or for which a permit application is pending within the same fixed coastal cell. The impact assessment shall include the anticipated effects of the construction on the coastal system and marine turtles. Each application shall be evaluated on its own merits in making a permit decision; therefore, a decision by the Department to grant a permit shall not constitute a commitment to permit additional similar construction within the same fixed coastal cell.”

 

Section (9) requires “(a)ll structures, except those required for public safety, beach access, and those associated with dune restoration and special events, shall be located a sufficient distance landward of the beach and frontal dune to permit natural shoreline fluctuations, to preserve and protect beach and dune system stability, and to allow natural recovery to occur following storm-induced erosion. ….”; public safety refers to lifeguard stands, towers, etc.

 

Section (4) states: The Department shall issue a permit for construction which an applicant has shown to be clearly justified by demonstrating that all standards, guidelines, and other requirements set forth in the applicable provisions of part I, chapter 161, F.S., and this rule chapter are met, including the following:

(a) The construction will not result in removal or destruction of native vegetation which will either destabilize a frontal, primary, or significant dune or cause a significant adverse impact to the beach and dune system due to increased erosion by wind or water;

(b) The construction will not result in removal or disturbance of in situ sandy soils of the beach and dune system to such a degree that a significant adverse impact to the beach and dune system would result from either reducing the existing ability of the system to resist erosion during a storm or lowering existing levels of storm protection to upland properties and structures;

(c) The construction will not direct discharges of water or other fluids in a seaward direction and in a manner that would result in significant adverse impacts. For the purposes of this rule section, construction shall be designed so as to minimize erosion induced surface water runoff within the beach and dune system and to prevent additional seaward or off-site discharges associated with a coastal storm event.

(d) The construction will not result in the net excavation of the in situ sandy soils seaward of the control line or 50-foot setback.

(e) The construction will not cause an increase in structure-induced scour of such magnitude during a storm that the structure-induced scour would result in a significant adverse impact;

(f) The construction will minimize the potential for wind and waterborne missiles during a storm;

(h) The construction will not cause a significant adverse impact to marine turtles, or the coastal system

  

CONCLUSION:

The Administration recommends discussion by the Committee given the challenges of creating a parallel bike path due to the Coastal Construction Control Line requirements. This includes potential adverse impacts to sea turtles, the dune system, and the overall coastal system. 

 

The estimated cost of the existing Beachwalk managed by the City is $44.9 Million. Further direction from the Finance and Economic Resilience Committee and City Commission is needed to estimate the potential fiscal impact of creating a new parallel bike path. Any activity that would impact the existing dune system would also require the cost of environmental mitigation. 

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Environment & Infrastructure - Work regionally and nationally to protect Biscayne Bay water quality and to maintain a healthy dune and beach system.
ATTACHMENTS:
DescriptionType
Referral MemoMemo
Aerial View of Bal Harbour and SurfsideOther