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HomeMy WebLinkAboutMinutes Planning Commission - 02/22/2023 (2) SC CITY OF CORPUS CHRISTI 1201 Leopard Street O� Corpus Christi,TX 78401 Hcctexas.com MEETING MINUTES J�'aA'p0RA;4'P BEACH DUNE COMMITTEE (PLANNING COMMISSION) Wednesday, February 22, 2023 XI. CALL TO ORDER - ROLL CALL Chairman Zarghouni called the meeting to order at 5:59 pm and a quorum was established to conduct the meeting. XII. PUBLIC COMMENT: None. XIII. APPROVAL OF ABSENCES: None. XIV. APPROVAL OF BEACH DUNE COMMITTEE MINUTES: June 29, 2022 A motion was made by Commissioner York to approve the minutes listed above. The motion was seconded by Commissioner Motaghi. The motion passed. XV. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION: Public Hearing - Beachfront Construction Certificate for 102 Bikini Drive D. Beachfront Construction Certificate and Erosion Response Permit for 106 Bikini Drive Andrew Dimas, Development Services, presented the case and stated the following: Natural Resources Code: Requires construction with 1,000 feet of mean high tide or seaward of the first public road, whichever is greater apply for a Beachfront Construction Certificate (permit) to the local government. The local government sends a completed application to the Texas General Land office to review and provide comments. The local government may approve the proposed construction and issue a permit if they determine that it is consistent with their dune protection and beach access plan. City of Corpus Christi Municipal Code: A Beachfront Construction Certificate, as cited in Municode Section 10-11: is to authorize activities affecting dunes seaward of the dune protection line and affecting the public use of the public beach or affecting public access to and from the public beach, and affecting the preservation, restoration, or enhancement of critical sand dunes that provide natural storm protection. An Erosion Response Permit for the construction of any structure seaward of the erosion setback line that certifies the structure is authorized under the City's Joint Erosion Response Plan. Staff reviewed the required findings. Prior to the issuance of a Beach Construction Certificate, the Beach/Dune Committee must find that the construction does not. (1) Reduce the size of the public beach in any manner, except for man-made, vegetated mounds and dune walkovers constructed in compliance with the requirements of these regulations. (2) Close any existing public beach access or public parking area, unless equivalent or better public access or public parking is established as required in the section of this article (dedication of equivalent or better access). (3) Cumulatively, directly, or indirectly impair or adversely affect public use of or access to and from a public beach (including failure to comply with any requirements of Article VI of the Public Beach Management regulations) unless equivalent or better public access or parking is established as required in §10- 37 of this article (dedication of equivalent or better access). (4) Fail to comply with any requirements of Article III of these regulations (requirements for dune protection permits) or Article V of these regulations (concurrent requirements for dune protection permits and beachfront construction certificates). (5) Functionally support or depend on or otherwise related to proposed or existing structures that encroach on the public beach, regardless of whether the the encroaching structure is on land that was previously landward of the public beach. This provision shall not be construed to prevent the construction or reconstruction of structures or facilities landward of the concrete seawall, nor those structures or facilities that are functionally dependent on the concrete seawall or are associated with the concrete seawall, nor shall this provision be construed to prevent repair or maintenance of the concrete seawall. Prior to issuing an Erosion Response Permit, the Beach/Dune Committee must find that: (1) Any new construction seaward of the erosion setback line includes the following criteria: a. The proposed construction is for or related to a public or private elevated dune walkover, a beach access roadway, public parking facility, or associated public facilities and amenities, which will be constructed under the Texas General Land Office construction standards. b. New construction on a lot platted prior to August 31, 2010, and there are no practicable alternatives to the construction of the structure or a portion of the structure seaward of the erosion setback line exist. For purposes of this subparagraph, practicable means available and capable of being done after taking into consideration existing building practices, siting alternatives, FEMA requirements, and the footprint of the structure in relation to the area of the buildable portion of the lot, and considering the overall development scheme for the property. c. The applicant will comply with any compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation. d. The construction relates to the repair, reconstruction, or modification of an existing structure located seaward of the erosion setback line prior to August 31, 2010, if any modifications do not increase the footprint of the structure. Structures seaward of the building setback line that has been damaged more than fifty (50) percent of their value or destroyed, or have been abandoned (e.g., not occupied or used) for more than twelve (12) months shall be subject to the construction standards in §10-134(2). (2) The following construction requirements have been met- a. The plans and certifications for the structure have been prepared and sealed by a registered professional engineer licensed in the State of Texas providing evidence of the following: 1. There is a minimum two-foot freeboard above the base flood elevation ("BFE"). 2. There are no enclosures exceeding three hundred (300) square feet below BFE. 3. The elevated building foundations are adequate and there is proper placement, compaction, and protection of fill when used as construction for all newly constructed, substantially damaged, and substantially improved buildings elevated on pilings, posts, piers, or columns in accordance with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design, and Construction, ASCE 24-05. 4. It is not feasible to relocate the habitable structure seaward of the Erosion Setback Line. 5. All construction is designed to minimize impacts on natural hydrology. b. All construction will be landward of the landward toe of the foredune ridge, where practicable. (3) The applicant is taking all steps necessary to preserve, restore, and enhance any critical sand dunes for natural storm protection and conservation purposes that are located on the applicant's property, including any common areas in which the applicant has an interest. The necessary steps must include the following: a. Restoring and filling in gaps and blowouts in the foredune ridge. b. Planting dune vegetation, using appropriate native plant species. c. Limiting the use of fertilizer and mowing. (4) The proposed construction does not involve a prohibited activity as defined in Section §10-136. (5) The proposed construction activity will not materially weaken dunes or materially damage dune vegetation seaward of the erosion response line based on substantive findings under §10-137. (6) There are no practicable alternatives to the proposed activity and adverse effects cannot be avoided as provided in §10-138. (7) The applicant's mitigation plan will adequately minimize, mitigate, and compensate for any unavoidable adverse effects, as provided in §10-138. (8) The proposed activity complies with any applicable requirements of Article IV (requirements for beachfront construction certificates), Article V (concurrent requirements for both dune protection permits and beachfront construction certificates), and Article VI (management of the public beach) of these regulations. The applicant revised the site plans in accordance with Nueces Couty and GLO findings. The public beach will not be reduced in any manner, no existing public beach access area will be closed and there will be no adverse impacts to and from the public beach. Staff finds that the proposed development is consistent with Chapter 10 Beachfront Management and Construction of the City Code and the requirements in UDC §3.14.3. Staff received three letters in opposition, and all of the responses were responding to multi-family zoning, but this is a single-family home. Commissioners asked if the only reason this is coming to the Beach/Dune Committee was because a portion of the lot is within the 200-foot erosion. Mr. Dimas explained it is the 350 line and the 200 line, to make sure the structure is not encroaching restricted areas. The entire lot is located seaward of the 350' Erosion Response Line (Building Setback Line) and 202' feet landward from the line of vegetation Chairman Zarghouni opened and closed the Public Hearing; no one spoke. A motion was made by Commissioner York to approve the project and seconded by Commissioner Motaghi. The motion passed. XVI. DIRECTOR'S REPORT: None. XVII. FUTURE AGENDA ITEMS: None. XVIII. ADJOURNMENT: There being no further business to discuss, the meeting adjourned at 6:06 pm.