The Administration recommends that the Mayor and City Commission (“City Commission”) discuss and take action regarding the motion of the Public Safety and Neighborhood Quality of Life Committee (“PSNQLC”), at its May 23, 2023 meeting, recommending that the City Commission adopt a resolution strongly urging the Miami-Dade County Commission to maintain the current temporary Ocean Drive promenade and to allow the City to pilot an extension of the current promenade during certain hours.

Given the recent lawsuit filed against the City and Miami-Dade County by affected property owners as well as the correspondence from Miami-Dade County dated October 11, 2023 citing its authority under Miami-Dade County Code to require that the City re-open the temporary promenade to vehicular traffic unless the City submits a permit application no later than October 20, 2023, it is pressing that the City Commission make a determination as to the configuration of the temporary Ocean Drive promenade.

The Miami-Dade County Department of Transportation and Public Works (DTPW) has jurisdiction and purview over traffic control on local roadways and alleyways, including within incorporated municipalities. This authority includes Ocean Drive as a local roadway as well as the 14 Place and Ocean Court alleyways. In addition, any pilot projects that modify traffic flow on local roadways must be approved by DTPW.

Furthermore, per City Commission Resolution No. 2020-31313 adopted on July 17, 2020, any potential new pilot programs on Ocean Drive, or other major streets in the City, must be fully vetted by all stakeholders, including residents and discussion by the City Commission, prior to taking any action.

Pursuant to City Commission direction at the October 27, 2021 Commission meeting, the City re-opened Ocean Drive to vehicular traffic, from 5 Street to 13 Street, in January 2022. The introduction of vehicular traffic on Ocean Drive included a single southbound vehicular travel lane and protected bi-directional green bike lanes on the east side of the road. Additionally, the City Commission directed the Administration to create a temporary pedestrian promenade on Ocean Drive between 13 Street and 14 Place as a pilot program. As part of the implementation of the temporary promenade, the City reversed the flow of the 14 Place and Ocean Court alleyways between 14 Place and 13 Street to a southbound direction given this would be the only egress route available for vehicles entering Ocean Drive through 15 Street to by-pass the promenade.

DTPW has denied the City a permit for the temporary promenade as a result of the alleyway presenting several safety and operational constraints. Thus, the existing promenade, as currently configured, is not permitted by DTPW, primarily because an alleyway is designed for service functions and not to serve as a street for general through-vehicle traffic.

Since its implementation, the temporary Ocean Drive promenade (“temporary promenade” or “promenade”) has created dedicated space in the public right-of-way for active mobility, including pedestrians, bicycles, and scooters, to enjoy the historic and iconic street. In addition, the temporary promenade has provided unique opportunities for community-friendly activations, including the Ocean Drive Promenade Music Series presented by the Ocean Drive Association with financial support from the City. However, some retail businesses and hotels within and adjacent to the promenade have expressed concerns with operational challenges, including customer accessibility and freight delivery due to the current pedestrianized configuration of the promenade. In addition, DTPW has expressed safety concerns with the use of the alleyway as a detour route for general vehicular traffic.  

On December 21, 2022, the City Administration and DTPW staff met to discuss DTPW’s concerns with the current configuration of the promenade, particularly the use of the 14 Place and Ocean Court alleyways for general vehicular traffic, and the associated safety and operational challenges. During the meeting, DTPW staff expressed that a permit for the promenade as currently configured would not be approved and required that the City submit a modified plan to address the safety and operational challenges as well as a methodology to evaluate the effectiveness of the modified plan for DTPW’s review and approval. The continuation of the promenade on a pilot basis would be contingent upon the County’s approval of a modified plan.

Over the past few months, City staff from various departments, including Police, Fire, Transportation and Mobility, Parking, Public Works, and Facilities and Fleet Management have worked together to develop a modified operational plan for the promenade that balances the needs and desires of the affected residents, property owners, businesses, stakeholder groups, City emergency services, and visitors, and which addresses the safety and operational concerns expressed by DTPW. The proposed modified operational plan included allowing vehicular traffic to access Ocean Drive via arm gates at 14 Place from 6 a.m. to 11 a.m., Monday – Saturday, to relieve some pressure from the alleyway and allow for curbside freight deliveries. It is worth noting that this time period aligns with most freight loading zone times in the area. The proposed modified operational plan was transmitted to DTPW for its review and consideration on March 3, 2023. Attachment A includes Letter to Commission (“LTC”) #107-2023 dated March 4, 2023 which described the City’s recommended modified operational plan at that time.

DTPW responded via a letter dated March 28, 2023 (Attachment B), reaffirming its concerns with the continued use of the alleyway as a detour route for southbound vehicular traffic as a result of limited vehicular access within the promenade. DTPW also identified two (2) alternatives (DTPW Alternative 1 and DTPW Alternative 2 as described further below) that would be acceptable to limit vehicular traffic along the 14 Place/Ocean Court alleyways. In addition, DTPW recommended a 90-day pilot project implementation of the City’s preferred alternative, once selected. Both alternatives proffered by DTPW would allow general vehicular traffic to access the promenade from 6 a.m. to 11 a.m., as incorporated in the proposed modified operational plan, thus facilitating curbside deliveries for businesses within the promenade during these times.  

Following receipt of DTPW’s March 28, 2023 response letter, the City’s internal working group met to discuss both DTPW alternatives and evaluate the advantages and disadvantages of each from various perspectives. Subsequently, City staff met with DTPW staff to discuss both alternatives in further detail and provide feedback.

At the May 23, 2023 PSNQLC meeting, the PSNQLC discussed the following item sponsored by Commissioner Fernandez: “Discussion Regarding Directing The City Administration To Hold Community Meetings With Ocean Drive Stakeholders On The Feasibility Of Pedestrianizing Ocean Drive During Certain Hours Of The Day Only, While Reopening Ocean Drive To Vehicular Traffic.” During the discussion on this item, the PSNQLC passed a motion by acclamation requesting that the City Commission adopt a resolution strongly urging the Miami-Dade County Commission to maintain the current temporary Ocean Drive Promenade and to allow the City to pilot an extension of the current promenade during certain hours.

The City, in coordination with DTPW, conducted a public meeting on June 1, 2023 at 6 p.m. to present both alternatives developed by DTPW and obtain community input prior to making a final recommendation to the City Commission on the preferred alternative. Attachment C includes the presentation shown at the June 1, 2023 public meeting. It is important to note that DTPW is requesting concurrence from the City’s emergency services departments (i.e. Police and Fire) with the City’s preferred alternative, once selected. In addition, once a preferred alternative is selected, the City will need to submit a permit application and methodology for DTPW consideration prior to implementation and evaluation of a 90-day pilot project.

At the June 28, 2023 City Commission meeting, during discussion on this item, the City Administration presented various operational challenges associated with the temporary Ocean Drive promenade as currently configured, DTPW’s outstanding safety concern with the use of the 14 Place/Ocean Court alleyway as a detour route for general vehicular traffic, and an overview of DTPW alternatives 1 and 2. Following City staff’s presentation, the City Commission expressed a desire to have more information prior to making a decision on the configuration of the temporary Ocean Drive promenade and provided direction to the City Administration to take the following actions and provide an update at the July 26, 2023 City Commission meeting: 1) conduct an analysis to assess the economic impact of the temporary promenade on the adjacent businesses; and 2) conduct a survey of users, including businesses, property owners/residents, employees, and visitors, to gauge general community feedback regarding the temporary Ocean Drive promenade. In addition, City staff committed to reach out to and consult with DTPW to ascertain if opening the temporary promenade during certain hours of the day is a requirement for a permit or if DTPW would allow the City to maintain the current closure of the temporary promenade to vehicular traffic provided that an additional gate is installed at the 14 Place entrance to the alleyway to restrict access to service vehicles only (as depicted in DTPW Alternative 1).

The discussion item was not reached during the July 26, 2023 (R9 G) or the September 13, 2023 (R9 I) City Commission meetings.

A lawsuit was filed on September 15, 2023 and docketed on September 20, 2023 by The Netherland of South Beach Condominium Association, Inc. and Ocean City View, Inc. (a unit owner) against the City of Miami Beach and Miami-Dade County challenging the closure of Ocean Drive between 13 Street and 14 Place to general vehicular traffic. The causes of action are as follows:

•  Count I – Injunctive Relief from Illegal and Inherently Dangerous Road Closure
•  Count II – Declaratory and Injunctive Relief Under Common Law
•  Count III – Violation of §§ 2 and 9, Article I of the Florida Constitution (equal protection & due process)

On October 11, 2023, the City received correspondence from DTPW (further described in the Update section below) citing the County’s authority under Miami-Dade County Code to require the City to re-open the temporary promenade to vehicular traffic unless the City submits a permit application by October 20, 2023.

The Administration believes that it is important to provide an analysis of the two (2) alternatives developed by DTPW for the temporary Ocean Drive promenade which the County would be amenable to permit on a pilot basis. As stated above, DTPW is opposed to the current unpermitted configuration of the temporary promenade.

DTPW ALTERNATIVE 1
DTPW Alternative 1 (depicted on page 6 of Attachment C) consists of allowing southbound vehicular traffic to access Ocean Drive via arm gates at 14 Place, from 6 a.m. to 11 a.m., Monday – Saturday, which aligns with the time periods when most deliveries and services for the affected businesses occur. Furthermore, an additional arm gate on Ocean Drive at the entrance to the 14 Place alleyway would be required to restrict ingress to service vehicles only. This modified operational plan is expected to drastically reduce the number of vehicles in the alleyway, particularly delivery trucks and service vehicles which currently cannot access Ocean Drive within the promenade portion and must therefore perform services from the alleyway. As such, by reducing the number of trucks and service vehicles during the early morning hours when the bulk of this activity typically occurs, the City Administration believes this operational change will address DTPW’s concern regarding the volume of vehicles using and potentially blocking the alleyway and the challenges associated with that operation. This alternative requires that Ocean Drive be converted to two-way traffic from the 14 Place alleyway to 15 Street to allow for southbound vehicles to be able to perform 3-point turns and head back north to 15 Street to access Collins Avenue. No Outlet signs would be installed at Ocean Drive and 15 Street to deter vehicles from entering Ocean Drive via 15 Street unless absolutely necessary.

During the 90-day pilot period required by DTPW, the City Administration recommends keeping the two (2) existing crash-rated manual arm gates at the north and south ends of the Ocean Drive promenade and adding/installing one (1) new automatic (not-crash-rated) arm gate at the 14 Place alleyway entrance to restrict access to service vehicles as required by DTPW. The existing green crash barriers at the east end of 14 Street across Ocean Drive would remain.

The cost to purchase and install one (1) new automatic (not-crash-rated) gate at the alleyway entrance would be approximately $5,000 plus the cost of providing an electrical connection, which is not yet determined. If the City Commission determines to move forward with DTPW Alternative 1 and the 90-day pilot is successful and DTPW permits the continuation of the Ocean Drive promenade beyond the pilot period, the City proposes to replace the three (3) gates with three (3) fully automatic, crash-rated gates to meet the needs of both emergency services departments while ensuring public safety on the promenade. The estimated cost of purchasing and installing three (3) fully automatic, crash-rated gates is approximately $360,000 (based on an initial quote), plus the cost of providing electrical connections for the gates, which is not yet determined. The cost of installing the required signage and pavement markings would be nominal.

DTPW ALTERNATIVE 2
DTPW Alternative 2 (depicted on page 7 of Attachment C) is similar to Alternative 1 as it allows vehicular traffic to access Ocean Drive via arm gates at 14 Place, from 6 a.m. to 11 a.m., Monday – Saturday, and also restricts the alleyway to service vehicles only. However, Alternative 2 proposes to change the directionality of the alleyway to northbound only (as it used to operate prior to the implementation of the temporary promenade); therefore, avoiding the need for a gate at the 14 Place entrance to the alleyway. Similar to Alternative 1, Alternative 2 also requires that Ocean Drive be converted to two-way traffic from the 14 Place alleyway to 15 Street to allow for southbound vehicles to be able to perform 3-point turns and head back north to 15 Street to access Collins Avenue as well as to allow egress from the 14 Place alleyway. No Outlet signs would be installed at Ocean Drive and 15 Street to deter vehicles from entering Ocean Drive via 15 Street unless absolutely necessary; and Do Not Enter signs would be installed at Ocean Drive and 14 Place to deter vehicles from entering the alleyway and traveling westbound (i.e. in the wrong direction).

Similar to DTPW Alternative 1, during the 90-day pilot, Alternative 2 would require keeping the two (2) existing crash-rated manual arm gates at the north and south ends of the Ocean Drive promenade as well as the existing green crash barriers at the east end of 14 Street across Ocean Drive. If the City Commission determines to move forward with DTPW Alternative 2, and the 90-day pilot is successful and DTPW permits the continuation of the Ocean Drive promenade beyond the pilot period, the City proposes to replace the two (2) manual gates with two (2) fully automatic, crash-rated arm gates to meet the needs of both emergency services departments while ensuring public safety on the promenade. The estimated cost of purchasing and installing two (2) fully automatic, crash-rated gates is approximately $240,000 (based on an initial quote) plus the cost of providing electrical connections for the gates, which is not yet determined. The cost of installing the required signage and pavement markings would be nominal.

STAKEHOLDER OUTREACH AND INPUT
There were approximately 110 attendees at the virtual public meeting on June 1, 2023. During the meeting, participants spoke both in favor of keeping the temporary promenade and against maintaining the promenade in its entirety. While most participants either expressed a preference for or against the temporary promenade, only a few identified a preferred alternative, with only one participant expressing a preference for Alternative 1, and one participant who favored Alternative 2.

Based on the feedback from the City’s internal working group and the input received at the June 1, 2023 public meeting regarding the two alternatives identified by DTPW, the Administration is recommending Alternative 1 as the preferable option (pending further consultation with DTPW on whether opening the Ocean Drive promenade to general vehicular traffic for a defined time period is required for permit).

While the Administration has received positive stakeholder feedback about the current unpermitted configuration of the temporary promenade, the City has also received negative feedback, including legal action, from affected stakeholders. It is also important to note that the City’s pending tactical urbanism improvements on Española Way East (from Washington Avenue to Collins Avenue and along the 14 Place alleyway) are currently on hold as DTPW has rejected the permit until such time as a permit for the temporary Ocean Drive promenade is obtained. In addition, based on recent discussions with DTPW with regard to the City’s long-term Ocean Drive project and the proposed 200-300 Block of Lincoln Road project, DTPW has expressed concerns with the cumulative impact to traffic as a result of the multiple closures in the area.  As a result, DTPW is requiring that the City conduct a comprehensive traffic study that incorporates these closures.

UPDATE
1. Survey
The Administration conducted a citywide online Ocean Drive Pedestrian Promenade Survey from August 21 through September 1, 2023. The purpose of the survey was to obtain feedback from the residents, businesses (retail, restaurants, hotels, etc.), and employees along the Ocean Drive corridor (South Pointe Drive to 15 Street), on the current configuration and potential operational modifications to the temporary Ocean Drive promenade. The online survey was emailed to over 20,000 recipients (based on the City’s citywide email database). A total of 1,619 survey responses were received. Below is a table summarizing the survey results. Attachment D includes the complete survey results.

Based on the general community feedback regarding the temporary promenade, 76.67% of resident respondents and 58.06% of business respondents expressed to have been positively impacted by the temporary promenade, and 74.50% of resident respondents and 73.02% of business respondents support the temporary promenade remaining in its current configuration.

2. Coordination with DTPW and Business Outreach

On July 12, 2023, the City’s internal working group met to discuss the opening of the temporary promenade during certain hours of the day in an effort to balance the needs and desires of the affected residents, property owners, businesses, and stakeholder groups. Subsequently, on August 9, 2023, City staff met with DTPW staff to discuss the potential of keeping the temporary promenade closed 24 hours a day/7 days a week or whether it would be a permit requirement for the temporary promenade to be opened to vehicular traffic during certain hours of the day. DTPW recommends opening the temporary promenade to vehicular traffic during certain hours of the day to allow for curbside freight deliveries that otherwise may not be feasible or impractical through the alleyway. Per DTPW, the opening of the temporary promenade during certain hours of the day would alleviate the impacts to some businesses affected by the closure and ensure adequate servicing. However, based on the latest email correspondence from DTPW dated September 4, 2023, DTPW stated that if the City can confirm and demonstrate that all businesses located within the temporary promenade can be serviced via the alleyway, it would be amenable to discussing the possibility of full pedestrianization of the temporary promenade. To connect with directly impacted businesses, on September 7, 2023, City staff reached out via email to the 25 businesses within the temporary promenade, with an active Business Tax Receipt (BTR) as of September 7, 2023, to obtain their feedback based on DTPW’s request.

 As of October 4, 2023, the City has received feedback from 24 of the 25 businesses stating that they can be serviced via the alleyway. However, 16 of the 24 businesses that responded expressed concerns with the current configuration of the temporary promenade and use of the alleyway for services and deliveries, with some hotels being inconvenienced due to not having curbside pick-up and drop-off for their guests.

 Furthermore, via letter dated October 10, 2023 and email correspondence dated October 11, 2023 (Attachment E), DTPW advised the City that it understands that, on October 18, 2023, the City Commission is expected to make a determination on the configuration of the temporary promenade and that it looks forward to reviewing any such proposal and receiving an updated and comprehensive permit application from the City no later than October 20, 2023. Notwithstanding, DTPW further advised that it reserves all rights to enforce the County’s authority pursuant to Miami-Dade County Code sections 2-95.1 and 2-96.1 and require the City to re-open the temporary promenade to vehicular traffic.

3. Economic Analysis
Economic impact may be defined based on several factors (local employment/job creation, business activity, earnings/income, etc.) and may be direct and indirect. The economic impact of the temporary promenade is challenging to determine as the entirety of this data is not available to the City. However, Resort Tax collections may be a fiscal impact indicator. The temporary promenade was configured in January 2022, the same time the remainder of Ocean Drive (5th Street to 13th Street) was reopened to vehicular traffic. Resort Tax collections for January 2019 - April 2019 (prior to the COVID-19 related closure of Ocean Drive), and January 2023 – April 2023 (post Ocean Drive temporary promenade) were compared.

For the Ocean Drive temporary promenade area, Resort Tax collections increased by 33.3%. For non-promenade areas of Ocean Drive from 5 Street to 15 Street, there was an increase of 19.5%. There was an overall increase of 23% for Ocean Drive from 5 Street to 15 Street including the temporary promenade area. While general increases in Resort Tax collections may be attributed to inflation, tourism trends, and other economic factors, it is difficult to attribute the increases solely to the temporary promenade configuration. Additionally, the number and types of businesses within and beyond the temporary promenade area may also influence Resort Tax collections.

4. Additional Consideration

On August 29, 2023, City staff met with the management of Marriott Vacation Club (“MVC”) located at 1410 Ocean Drive to provide an update on the temporary promenade, at MVC’s request. During the discussion, MVC requested if the City would consider allowing golf cart type vehicles in the promenade to provide access to and from 14 Street, since curbside pick-up and drop-off is not possible. Although the Administration is not opposed to this request, if the City chooses to allow MVC to provide this service, the service should be made available to all hotels within the temporary promenade. There are currently seven (7) hotels located within the temporary promenade, including four (4) hotels that do not about a side street. It has not yet been determined if utilization of a golf cart type service within the temporary promenade would require approval by DTPW. Additionally, if multiple hotels within the temporary promenade wish to provide this type of service to their customers, it is recommended that the service be consolidated and provided by a single vendor. Funding for this service has not been identified, and the Administration preliminarily recommends it be 100% privatized.

NEXT STEPS

Should the City Commission wish to select DTPW Alternative 1 (or a modification thereof as may be acceptable to DTPW) or Alternative 2 as the preferred alternative for the temporary pedestrian promenade, City staff will submit a permit application to DTPW by October 20, 2023 based on the selected alternative, including a methodology for analysis of a 90-day pilot. The pilot will include traffic data collection and periodic surveys and meetings with Ocean Drive stakeholders to gauge the community’s feedback. The Transportation and Mobility Department is currently negotiating with Calvin, Giordano & Associates, Inc. (“CGA”), one of the City’s rotational transportation consultants, the cost to conduct the traffic analysis required by DTPW for a modified configuration of the promenade on a pilot basis. Upon completion of the 90-day pilot, the City must submit a signed and sealed report documenting the results. The findings will be utilized to determine whether the pilot is effective or further adjustments are required.

In lieu of selecting one of the two alternatives developed by DTPW, should the City Commission desire to accept the motion of the PSNQLC, at its May 23, 2023 meeting, and adopt a resolution strongly urging the Miami-Dade County Commission to maintain the current temporary Ocean Drive promenade and allow the City to pilot an extension of the current promenade during certain hours, the Administration will craft said resolution and transmit it to the Miami-Dade County Board of County Commissioners for consideration.

Tangentially, the City has engaged CGA for the design of Ocean Drive from 5 Street to 15 Street as part of General Obligation (“G.O.”) Bond Project #31 to reconfigure Ocean Drive on a long-term basis pursuant to Request for Qualifications No. 2022-436-ND and the Art Deco Cultural District (“ADCD”) vision plan. The consultant’s scope of work includes analyzing the feasibility of configuring Ocean Drive with two travel lanes, one travel lane, or fully pedestrianized. During the design phase, the consultant will hold community meetings to obtain input and provide feedback.

Should the City Commission wish to adopt a resolution accepting the motion of the PSNQLC, at its May 23, 2023 meeting, strongly urging the Miami-Dade County Commission to maintain the current temporary Ocean Drive promenade and allow the City to pilot an extension of the current promenade during certain hours, the Administration will craft said resolution and transmit it to the Board of County Commissioners for consideration.

 Based on the feedback received from 24 of the 25 businesses within the temporary promenade, the Administration is recommending DTPW Alternative 1, with a modification consisting of opening the temporary promenade to vehicular traffic from 10 a.m. to 4 p.m., which aligns with the time periods of check-in and check-out of hotels located within the promenade.

 Given the recent lawsuit filed against the City and Miami-Dade County by affected property owners as well as the correspondence from Miami-Dade County dated October 11, 2023 citing its authority under Miami-Dade County Code to require that the City re-open the temporary promenade to vehicular traffic unless the City submits a permit application no later than October 20, 2023, it is pressing that the City Commission make a determination as to the configuration of the temporary Ocean Drive promenade.

Should the City Commission endorse either DTPW Alternative 1 or DTPW Alternative 2, or a modification thereof as may be acceptable to DTPW, City staff will submit a permit application by October 20, 2023 and continue to work with DTPW on an acceptable methodology for a 90-day pilot, including data collection and stakeholder feedback, in order to obtain a permit for the temporary Ocean Drive promenade.