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HomeMy WebLinkAbout028494 ORD - 02/23/2010Page 1 of 11 ORDINANCE REPEALING ORDINANCE 027971, PASSED AND APPROVED ON DECEMBER 9, 2008 AND AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, TO RESTRICT VEHICULAR TRAFFIC ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE SEGMENT OF THE PADRE ISLAND SEAWALL AND ESTABLISHING A VEHICLE -FREE AREA WHEN THE DISTANCE BETWEEN THE TOE OF THE SEAWALL TO THE MEAN HIGH TIDE LINE IS LESS THAN 150 FEET IN WIDTH; ALLOWING THE OPERATION OF VEHICLES WITHIN 50 FEET OF THE WATER'S EDGE WHEN PARKING AND WHEN SOFT -SAND CONDITIONS PREVENT THE SAFE TRANSIT OF VEHICLES ON THE UPPER BEACH; ALLOWING TWO-WAY VEHICULAR TRAFFIC ON THE GULF BEACH BETWEEN THE NORTHERN END OF THE SEAWALL AND PADRE BALLI PARK (BEACH ACCESS ROAD # 4); ESTABLISHING A PEDESTRIAN SAFE AREA IN THE AREA SEAWARD OF 50 FEET FROM THE MEAN HIGH TIDE LINE BETWEEN THE NORTHERN END OF THE CONCRETE SEAWALL AND THE PACKERY CHANNEL JETTY; COMMITTING THE CITY COUNCIL TO UNDERTAKE EFFORTS TO RESTORE AND MAINTAIN THE BEACH IN FRONT OF THE SEAWALL TO A MINIMUM WIDTH OF 200 FEET; ADDING AN APPENDIX TO THE CITY OF CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS TO SHOW THE APPROXIMATE LOCATION OF BOLLARDS TO BE INSTALLED ON THE BEACH; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local governments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed; WHEREAS, the Padre Island seawall is 4216.5 feet long; WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land adjoining the seawall, which is adjacent to the public beach; WHEREAS, the City has constructed a parking lot that will accommodate 310 cars; WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic; 8494 150' Seawall Beach Closure Ordinance -- 02012010 INDEXED Page 2 of 11 WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall; WHEREAS, ingress and egress access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the public affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk; WHEREAS, signs will be conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and access points; WHEREAS, it has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall; WHEREAS, Policy Statement 11.6.3 of the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, adopted on February 28, 1995, an element of the City's Comprehensive Plan, provides that "Subsequent to the purchase and development of the parking lot landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purpose;" WHEREAS, Policy Statement C.15, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, provides the "in order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed," once a 300 space parking lot is available on the existing city land located adjacent to the seawall; WHEREAS, the 74th Texas Legislature recognized this plan when in 1995 it adopted §61.017(c)(1)(B) of the Texas Natural Resources Code, which in recognizing the seawall as the line of vegetation required the fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall be conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall; WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot has been constructed, satisfies that obligation; WHEREAS, the closing of portions of the public beach seaward of the concrete segment of the Padre Island seawall when there is less than 150 feet of sand between the toe of the seawall and the mean high tide line will provide a family safe area for the public to use the beach without being exposed to the dangers posed by vehicles driving on the beach; WHEREAS, the public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall; 150' Seawall Beach Closure Ordinance -- 02012010 Page 3 of 11 WHEREAS, with the exception of the beach seaward of the seawall, it is the policy of the City of Corpus Christi, as adopted in Policy Statements B.33, and C.13, MUSTANG - PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, to maintain vehicle access along the Gulf beach unless necessary for an overwhelming public safety concern; WHEREAS, in 2006, the City's Charter was amended as a result of an initiative and referendum that limited the City Council's authority to restrict vehicular access to and on the Gulf beach unless approved by a majority vote of qualified voters of the City, voting at an election duly called for such purpose; WHEREAS, Article X, Section 4 of the City's Charter, as amended in 2006, allows the City Council to restrict vehicular access to areas of the Gulf beach for public necessity; WHEREAS, a public necessity is limited to environmental emergencies, public health and safety emergencies, and government functions whose importance justifies the restriction of vehicular access; WHEREAS, restrictions on vehicular access for public necessity must be limited to the smallest possible area and for the shortest possible duration; WHEREAS, the extremely narrow beach between portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall create an extremely unsafe condition in which both beachgoers and drivers are at grave risk; WHEREAS, there is public necessity to restrict vehicular access to those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water; WHEREAS, the restrictions of vehicular access to this small area of the Gulf beach are expected to be of limited duration due to planned renourishment of the beach at the southern end of the seawall; WHEREAS, the City Council put the issue of closing those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water to a vote of the citizens of Corpus Christi on Tuesday, November 4, 2008, when it adopted Ordinance 027813; WHEREAS, on Tuesday, November 4, 2008, a majority of the voters approved Proposition 8, entitled "SEAWALL BEACH ACCESS & SAFETY," by voting for the measure, which read: "RESTRICTING VEHICULAR ACCESS TO AND ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE PADRE ISLAND SEAWALL WHEN THE WIDTH OF THE BEACH BETWEEN THE TOE OF THE SEAWALL AND WATER IS LESS THAN 150 FEET," WHEREAS, Section 7 of Ordinance 027813 stated the effect of Proposition 8 as: "If this ballot measure is adopted, and is approved by the General Land Office, an ordinance 150' Seawall Beach Closure Ordinance -- 02012010 Page 4 of 11 will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete seawall to all vehicular traffic by prohibiting driving on that portion of the beach when the width of the beach between the toe of the seawall and water is less than 150 feet. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach;" and WHEREAS, on September 9 and October 21, 2008, the City Council adopted two resolutions to inform the citizens of the City of the locations where bollards would be installed to separate the vehicle -free areas from the portions of the beach on which vehicle would be allowed to transit and park in front of the concrete seawall and between the northern end to the concrete seawall and the Packery Channel south jetty; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance 027971, passed and approved on December 9, 2008, is repealed. SECTION 2. Section 10-77, Code of Ordinances, is amended by revising subsection (e) to read as follows and deleting subsection (f): "Sec. 10-73. Vehicular operation. * * * * "(e) It shall be an offense for a person to operate a vehicle within fifty (50) feet of the water's edge on any section of Gulf beach within the incorporated city limits of the City of Corpus Christi. This traffic regulation shall not apply to the following listed activities and segments of Gulf beaches: "(1) Vehicle engaged in the actual launching or loading of water craft. "(2) Beach maintenance, seawall maintenance, and emergency vehicles. "(3) Parking a vehicle at least 25 feet from the water's edge. "(4) When the upper beach sand is too soft to allow safe vehicular transit, and the vehicle does not drive between a parked vehicle and the water. --- Boulevard and Beach Access Road It '1. SECTION 3. Section 10-77, Code of Ordinances, is amended by revising the title; revising subsection (e); redesignating subsection (f) as subsection (i); and adding a new subsections (f), (g), and (h) to read as follows: 150' Seawall Beach Closure Ordinance -- 02012010 Page 5of11 "Sec. 10-77. Vehicle -restricted Areas and Pedestrian Safe Areas "(e) The city manager shall establish as a pedestrian cafe vehicle -restricted area those portions of the Gulf beach seaward of the concrete segment of the Gulf seawall, - - - - - - - - renourished as determined by the city manager when the beach between the toe of the seawall and the mean high tide line is less than 150 feet in width. The city manager shall: "(1) Temporarily restrict the operation of vehicles in front of the concrete Padre Island seawall when and where the beach width is less than 150 feet. "(2) Install rows of bollards parallel to the seawall to maintain vehicle transit and parking lanes. "a. One row of bollards must preserve a 25' wide pedestrian safe space adjoining the seawall. "b. A second row of bollards located a minimum of 50' from the first row of bollards must allow two-way vehicle traffic seaward of the seawall. "c. Areas for approximately 79 head -in parking spaces (with a width of 15 feet), seaward of and parallel to the first row must be provided. "d. Head -in parking areas may not be located across from walkways that provide access to the seawall and beach from hotels, condominiums, parking Tots, and other beach access points along the seawall. These areas should be marked as pedestrian crossings, and may not exceed 80 feet in width. "e. The bollards must be placed so as to maximize the area of pedestrian - safe beaches near the water in front of the seawall, while still maintaining vehicle lanes. "(f) The city manager shall mark vehicle -restricted and pedestrian safe areas with signs at each end of the vehicle -restricted and pedestrian safe areas to give notice of the vehicle -restricted or pedestrian safe areas and to prevent vehicles from entering the vehicle -restricted or pedestrian safe areas. "(g) The city manager shall establish a pedestrian safe area on those portions of the Gulf beach between the north end of the concrete Padre Island seawall and the south jetty of Packery Channel. "(1) The bollards must be installed no farther than 50 feet landward of mean high tide for a distance of approximately 1550 feet from the north end of the concrete seawall to a point 600 feet from the south jetty. 150' Seawall Beach Closure Ordinance -- 02012010 Page 6 of 11 "(2) The bollards must be spaced to prevent the passage of vehicles between the bollards. "(3) At the northern end of the row of bollards parallel to the water, a perpendicular row of bollards with a chained opening must be installed that extends seaward to the line of mean low tide. "(4) At least two areas must be designated for boat launch access, and the bollards spaced to allow vehicles and boat trailers through the row of bollards. "(5) Openings that are gated or chained must be installed in the bollards to allow vehicles to operate seaward of the bollard line only when the upper beach sand is too soft to allow safe vehicular access to the jetty. "(h) Appendix XVII of the City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations illustrates the approximate location of the bollards that will separate the vehicle -free areas and the areas set aside for vehicle transit and parking in the vicinity of the concrete seawall and south jetty of Packery Channel. "{f)0 No vehicle -free area or pedestrian safe area may be implemented until the location and perimeter design has been submitted to the Texas General Land Office and Texas Attorney General, and approved certified by the Texas General Land Office as an amendment to the Beach Management and Construction Ordinance." SECTION 4. Section 10-80(e), Code of Ordinances, is repealed: "Sec. 10-80. One-way traffic on beach and access roads. "(e) Vehicles travelling on the Gulf beach between the northern end of the seawall and a .. - E . • • SECTION 5. Section 10-81, Code of Ordinances, is revised to read as follow: "Sec. 10-81. Portions of the beach closed. "(a) The city manager, or the city manager's designee, is authorized to close portions of the beach to all vehicle traffic for declared safety reasons during periods including, but not limited to, extreme high tides, such as storm tide and "spring" tide events, and when less than a twenty -five-foot corridor along the beach is available for vehicular traffic. "(b) Except for emergency vehicles, vehicles used to maintain the beach, or vehicles used to provide beach related services under a permit issued by the City, when the City Manager has designated portions of the beach seaward of the Padre Island seawall as a vehicle -free area under Section 10-77(e), those portions of the beach are closed to vehicular traffic, and driving on those portions of beach is prohibited." 150' Seawall Beach Closure Ordinance -- 02012010 Page 7 of 11 SECTION 6. The City Council will undertake efforts to renourish the beach in front of the concrete seawall in an expeditious manner in order to restore and maintain the beach to a minimum width of 200 feet. SECTION 7. The City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations are amended by adding a new Appendix XVII to read as follows: 150' Seawall Beach Closure Ordinance -- 02012010 Page 8 of 11 APPENDIX XVII APPROXIMATE LOCATION OF BOLLARDS USED TO SEPARATE THE PEDESTRIAN SAFE AREAS VEHICLE -FREE AREAS AND THE AREAS SET ASIDE FOR VEHICLE TRANSIT AND PARKING IN THE VICINITY OF THE CONCRETE SEAWALL AND SOUTH JETTY OF PACKERY CHANNEL Figure 1 Eroded Beach Conditions LEEWARD DR. IST. BARTHOLOMEW' (WINDWARD DR. H PARKIN_ 320' N SCALE: N.T.S. AERIAL FLOWN: FEB. 2D08 MEAN HIGHTIDE (GULF OF MEXICO ear 150' Seawall Beach Closure Ordinance -- 02012010 Page 9 of 11 Figure 2 Renourished Beach Conditions W Z J U TOSIGEEMOr N SCALE: N.T.S. 1.10AT INN PO NO IRV JOY ENNINSED 04.01 our CrMEXICO 2 150' Seawall Beach Closure Ordinance -- 02012010 Page 10 of 11 SECTION 8. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 10. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 11. This ordinance take effect on the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office 150' Seawall Beach Closure Ordinance -- 02012010 Page 11 of 11 That the foregoing ordinance was red-for the first time and passed to its second , 2010, by the following vote: reading on this the / le day of Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal _ John E. Marez Nelda Martinez Mark Scott That the fapegoing ord. ance was read for the second time and passed finally on this the ay of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. �� Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the O- day of ATTEST: Armando Chapa • Joe Ad me City Secretary Mayor APPROVED: 1st day of February, 2010: R . - Reining Firs Assistant City Attorney For City Attorney '8494 150' Seawall Beach Closure Ordinance -- 02012010 , 2010. aear4,1-6 EFFECTIVE DATE `114aAett 1� aa10 State of Texas County of Nueces } i PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5933052 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02849 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/1/2010, 3/1/2010. $ 262.62 LJ LEGAL SALES PRESENTIVE 1Time(s) On this )..S1- day of , 2 I certify that the attached document is a true and an exact copy made publisher. No+ary Public, State of Texas 4E» March 1, 2010 n CALLER -TIMES Legal Notices MO NOTICE OF i PASSAGE OF ! ORDINANCE -y- NO.028494 nance No. 0279711, passed I and approved on De- cember 9, 2008 and amending the Code of Ordinances, City of Corpus Christi, Chap- ter 10, Beachfront Management and Construction, to re- strict vehicular traffic 1 on the Gulf Beach seaward of portions of the concrete seg- ment of the Padre Island seawall and establishing a vehl- cle-free area when the distance between the toe of the seawall to the mean high tide line is less than 150 feet In width; allowing the operation of vehi- cles within 50 feet of the water's edge when parking and when soft -sand con- ditions prevent the sale transit of vehi- cles en the upper beach; allowing two- way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Balli Park (Beach Access Road # 4); establishing a pedestrian safe area in the area seaward of 50 feet from the mean high tide line between the northern end of the concrete seawall and the Packery Channel jet- ty. committing the City Council to under- take efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City ofCorpus Christi, Texas, Dune Protection and Beach Access Regulations to show the approxi- mate location of bollards to be in- stalled on the beach; providing for penal- ties; providing for publication; and pro- viding for a delayed effective date. This ordinance was passed and approved on its second reading on February 23, 2010. /s/Armando Chapa City Secretary City of Corpus Christi