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HomeMy WebLinkAbout021721 ORD - 08/10/1993AN ORDINANCE APPROVING THE DUNE PROTECTION AND BEACH ACCESS PLAN FOR ADOPTION AS AN ELEMENT OF THE CITY OF CORPUS CHRISTI COMPREHENSIVE PLAN; ESTABLISHING CITY'S DEVELOPMENT OBJECTIVES, POLICIES, AND PROGRAMS FOR AFFECTED AREAS ON MUSTANG AND PADRE ISLANDS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning an amendment to the Comprehensive Plan of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, July 14, 1993, during a meeting of the Planning Commission and on Tuesday, July 27, 1993, and August 10, 1993, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there is hereby approved for adoption as a portion of the Comprehensive Plan for the City of Corpus Christi, the Dune Protection and Beach Access Plan as follows: DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan TABLE OF CONTENTS I. INTRODUCTION II. POLICY STATEMENTS III. DEFINITIONS IV. DUNE PROTECTION PLAN 93NH2889.B31.ak 08-11-93 021721 MICRQE<LMED. 2 V. BEACH ACCESS PLAN Appendix A - Dune Protection Line (Description) Appendix B - Dune Protection Line (Justification) Appendix C - Traffic Regulations I. INTRODUCTION State law requires participation of local governments in coastal areas in the development and implementation of the Texas Coastal Management Program. This state program will be part of the federal coastal zone management program. Requirements issued by the General Land Office which became effective February 17, 1993, requires local governments in coastal areas in Texas to adopt and implement programs for the preservation of dunes and the preservation and enhancement of use of and access to and from public beaches along the Gulf of Mexico. These programs are required to be submitted to the General Land Office (GLO) and the Attorney General's Office by August 16, 1993. Local governments are required to adopt dune protection and beach access programs and to integrate them into a single plan consisting of procedural and substantive requirements for management of the beach/dune system within their jurisdiction. (See Figure 1 for an illustration of areas inside the City of Corpus Christi's city limits and its extraterritorial jurisdiction.) The authority to integrate such plans is provided in accordance with the Dune Protection Act, the Open Beaches Act, and 31 TAC Sections 15.1-15.10. Local government plans and programs are required to be consistent with the requirements of applicable state law, and each shall incorporate -the respective local government's land use planning and flood protection procedures. The basic component elements required to be included in these plans include: 1) a Dune Protection Plan and 2) a Beach Access Plan. As required by General Land Office rules, these two plans are integrated within this Dune Protection and Beach Access Plan, together comprising an element of the City's Comprehensive Plan. In addition, a companion document, titled "Dune Protection and Beach Access Regulations", provides the regulatory program, or means, by which the Dune Protection and Beach Access Plan is implemented. Both the Plan and the Regulations together comprise the City of Corpus Christi's Coastal Management Program. In addition, the General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast (1991) may be useful in providing general guidelines for the 93NH2889.831.ek 08-11-93 AI:ANSAS COUNTY 47 SAN PA TRIC IO (✓a� COUNTY _Caren [moo.P fir . :0 • PUS ClaISPI SAY 7CC CI L/M 1/4 NrOcr 1/4 OA • ` Vitt -11 \\ L GULF OF MEXICO MUSTANG ISLAND mt...., STATE PARK GULF BEACH SEAWALL 50 7 FIGURE 1 INSIDE CITY OF CORPUS CHRISTI CITY LIMITS INSIDE CITY OF CORPUS CHRISTI E.T.J. INSIDE CITY OF PORT ARANSAS CITY LIMITS 1 INSIDE CITY OF PORT ARANSAS E.T.J. 4 implementation of the City's Coastal Management Program. However, if the guidelines within the Manual conflict with state law or City ordinance, whichever is more stringent, shall prevail. An activity requiring a dune protection permit may typically also require a beachfront construction certificate and vice versa. The City of Corpus Christi will, whenever possible, issue permits and certificates concurrently when an activity requires both. The City of Corpus Christi has combined the dune protection permit and the beachfront construction certificate into a single, two-part permit. In addition, the General Land Office rules require that local governments incorporate and attach the following state laws into their plans. 1) 31 TAC Sections 15.1-15.10; 2) Dune Protection Act; and 3) Open Beaches Act. These state laws are included in Appendices XII, XIII and XIV, respectively, of the regulatory document, Dune Protection and Beach Access Regulations. II. POLICY STATEMENTS The General Land Office has identified ten policies in the Texas Coastal Management Program. The City of Corpus Christi embraces the spirit of these policies by adopting the policy statements included in Chapter 15 of the Natural Resources and Conservation Code for the management and regulation of human impacts on the beach/dune system. These overall policy statements are intended to serve as a basis for policy decisions in formulating and implementing this Plan and its regulatory mandates. 1. Protect the public health and safety, and in doing so, to protect, preserve, restore, and enhance coastal natural resources of the barrier islands, bordering the Gulf of Mexico, and the floodplains, beaches, and dunes located there. 2. Aid coastal landowners and governmental entities in using beachfront property in a manner compatible with preserving public and private property, protecting the public's right to benefit from the protective and recreational functions of a healthy beach/dune system, conserving the environment, conserving flora and fauna and their habitat, ensuring public safety, and minimizing loss of life and property due to inappropriate coastal development and the destruction of protective coastal natural features. 93NH2889.B31.ak 08-11.93 5 3. Foster mutual respect between public and private property owners and to coordinate with and assist other local and state governments in managing the Texas coast so that the interests of both the public and private landowners are protected. 4. Promote dune protection and ensure that adverse effects on dunes and dune vegetation are avoided whenever practicable. If such adverse effects cannot be avoided and have been minimized, every effort must be made to repair, restore, and rehabilitate existing dunes and dune vegetation. 5. Prevent the destruction and erosion of public beaches and other coastal public resources, to encourage the use of environmentally sound erosion response methods, and to discourage those methods such as rigid shorefront structures which can have a harmful impact on the environment and public and private property. 6. Aid populated areas located on the barrier islands bordering the Gulf of Mexico which are extremely vulnerable to flooding and property damage due to violent storms by working to reduce flood losses, by minimizing any waste of public funds in the national flood insurance program, and by ensuring that the insurance remains available and affordable. 7. Protect the public's right of access to, use of, and enjoyment of the public beach and associated facilities and services as established by state common law and statutes. The public has vested property rights in Texas' public beaches, and free use of and access to and from the beaches are guaranteed. The Open Beaches Act requires local governments to preserve and enhance use of public beaches and access between the beaches and public roads. If an access point must be closed, then existing law requires it to be replaced with equal or better access consistent with the appropriate local dune protection and beach access plan. Whenever practicable, public beach use and access shall be enhanced. 8. Provide coordinated, consistent, responsive, timely, and predictable governmental decision making and permitting processes. _ - 9. Recognize that the beach/dune system contains resources of statewide value and concern, which local governments are in the best position to manage on a daily basis. 10. Educate the public about coastal issues such as dune protection, beach access, erosion, and flood protection, and to provide for public participation in the protection of the beach/dune system and in the development and implementation of the Texas Coastal Management Program. Additional policy statements are included within the respective policy statement sections of this Dune Protection and Beach Access Plan. 93NH2889.831.ak 08-11-93 6 III. DEFINITIONS To optimize consistency with state law, applicable definitions from Title 31, Chapter 15 of the Natural Resources and Conservation Code are incorporated as part of this Plan and are listed below. Several of these definitions are illustrated in Figure 2 - Typical Cross -Section of a Barrier Island. Affect - As used in this Plan regarding dunes, dune vegetation, and the public beach, "affect" means to produce an effect upon dunes, dune vegetation, or public beach use and access. Backdunes - The dunes located landward of the foredune ridge which are usually well vegetated but may also be unvegetated and migratory. These dunes supply sediment to the beach after the foredunes and the foredune ridge have been destroyed by natural or human activities. Beach access - The right to use and enjoy the public beach, including the right of free and unrestricted ingress and egress to and from the public beach. Beach/dune system - The land from the line of mean low tide of the Gulf of Mexico to the landward limit of dune formation. Figure 3. Beach profile - The shape and elevation of the beach as determined by surveying a cross section of the beach. Blowout - A breach in the dunes caused by wind erosion. Breach - A break or gap in the continuity of a dune caused by wind or water. Bulkhead - A structure or partition built to retain or prevent the sliding of land. A secondary purpose is to protect the upland against -damage from wave action. City Council - The City Council of the City of Corpus Christi, Texas. Coastal and shore protection project - A project designed to slow shoreline erosion or enhance shoreline stabilization, including, but not limited to, erosion response structures, beach nourishment, sediment bypassing, construction of man-made vegetated mounds, and dune revegetation. Commercial facility - Any structure used for providing, distributing, and selling goods or services in commerce including, but not limited to, hotels, restaurants, bars, rental operations, and rental properties. 93NH2889.B31.ak 08-11-93 z O_o P z U Q CO co CO cr N W cc 0 E t Uix LL < m U Q >-O H (Mustang/Padre Island) DUNE PROTECTION LINE FIGURE 3 BEACH/DUNE SYSTEM DUNE PROTECTION ZONE 1,000ft. LANDWARD OF M. H. T. PUBLIC BEACH LINE OF VEGETATION 9 Construction - Causing or carrying out any building, bulkheading, filling, clearing, excavation, or substantial improvement to land or the size of any structure. "Building" includes, but is not limited to, all related site work and placement of construction materials on the site. "Filling" includes, but is not limited to, disposal of dredged materials. "Excavation" includes, but is not limited to, removal or alteration of dunes and dune vegetation and scraping, grading, or dredging a site. "Substantial improvements to land or the size of any structure" include, but are not limited to, creation of vehicular or pedestrian trails, landscape work that adversely affects dunes or dune vegetation, and increasing the size of any structure. Coppice mounds - The initial stages of dune growth formed as sand accumulates on the downwind side of plants and other obstructions on or immediately adjacent to the beach seaward of the foredunes. Coppice mounds may be unvegetated. County - Nueces or Kleberg County, Texas, depending on context. Critical dune areas - Those portions of the beach/dune system as designated by the General Land Office that are located within 1,000 feet of mean high tide of the Gulf of Mexico that contain dunes and dune complexes that are essential to the protection of public beaches, submerged land, and state-owned land, such as public roads and coastal public lands, from nuisance, erosion, storm surge, and high wind and waves. Critical dune areas include, but are not limited to, the dunes that store sand in the beach/dune system to replenish eroding public beaches. Dedication - A permanent easement or a fee simple donation. Department - The Department of Planning and Development of the City of Corpus Christi, Texas. Dune - An emergent mound, hill, or bordering the waters of the Gulf of transport of sediment, but can also dunes are usually found adjacent to an abrupt change in slope landward foredunes, dunes comprising the vegetated mounds. ridge of sand, either bare or vegetated, located on land Mexico. Dunes are naturally formed by the windward be created via man-made vegetated mounds. Natural the uppermost limit of wave action and are marked by of the dry beach. The term includes coppice mounds, foredune ridge, backdunes, swales, and man-made Dune complex - Any emergent area adjacent to the waters of the Gulf of Mexico in which several types of dunes are found or in which dunes have been established by proper management of the area. In some portions of the Texas coast, dune complexes contain depressions known as swales. Dune vegetation - Flora indigenous to natural dune complexes on the Texas coast and can 93NH2889.B31.ak 08-11-93 10 include coastal grasses and herbaceous and woody plants. Erosion - The wearing away of land or the removal of beach and/or dune sediments by wave action, tidal currents, wave currents, drainage, or wind. Erosion includes, but is not limited to, horizontal recession and scour and can be induced or aggravated by human activities. Erosion response structure - A hard or rigid structure built for shoreline stabilization which includes, but is not limited to, a jetty, retaining wall, groin, breakwater, bulkhead, seawall, riprap, rubble mound, revetment, or the foundation of a structure which is the functional equivalent of these specified structures. FEMA - The United States Federal Emergency Management Agency. Foredunes - The first clearly distinguishable, usually vegetated, stabilized large dunes encountered landward of the Gulf of Mexico. On some portions of the Texas Gulf Coast, foredunes may also be large, unvegetated, and unstabilized. Although they may be large and continuous, foredunes are typically hummocky and discontinuous and may be interrupted by breaks and washover areas. Foredunes offer the first significant means of dissipating storm -generated wave and current energy issuing from the Gulf of Mexico. Because various heights and configurations of dunes may perform this function, no standardized physical description applies. Foredunes are distinguishable from surrounding dune types by their relative location and physical appearance. Foredune ridge - The high continuous line of dunes which are usually well vegetated and rise sharply landward of the foredune area but may also rise directly from a flat, wave -cut beach immediately after a storm. Industrial facilities - Include, but are not limited to, those establishments listed in Part 1, Division D, Major Groups 20-39 and Part 1, Division E, Major Group 49 of the Standard Industrial Classification Manual as adopted by the Executive Office of the President, Office of Management and Budget (1987 ed.). However, for the purposes of this ordinance, the establishments listed in Part 1, Division D, Major Group 20, Industry Group Number 209, Industry Numbers 2091 and 2092 are not considered "industrial facilities." These establishments are listed in Appendix I attached to the companion Regulations. Line of vegetation - The extreme seaward boundary of natural vegetation which spreads continuously inland typically used to determine the landward extent of the public beach. Where there is no natural vegetation line, the landward extent of the public beach may be determined as provided by Sec. 61.016 and Sec. 61.017, Texas Natural Resources Code. Main -traveled roadway - That portion of the public beach in the street right-of-way, between 93882889.831.ak 08-11-93 11 a point 50 feet from the water's edge and the vegetation line, as herein defined, ordinarily used by the majority of vehicles for vehicular traffic at the time and place in question, unless otherwise defined by traffic control devices. Man-made vegetated mound - A mound, hill, or ridge of sand created by the deliberate placement of sand or sand trapping devices including sand fences, trees, or brush and planted with dune vegetation. Motor vehicle or vehicle - A vehicle as defined by the Texas Uniform Traffic Act, Art. 6701d, Texas Revised Civil Statutes Annotated. Natural resources - Land, fish, wildlife, insects, biota, air, surface water, groundwater, plants, trees, habitat of flora and fauna, and other such resources. Person - An individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States Government, the state, a municipality, commission, political subdivision, or any international or interstate body or any other governmental entity. Pipeline - A tube or system of tubes used for the transportation of oil, gas, chemicals, fuels, water, sewerage, or other liquid, semi-liquid, or gaseous substances. Production and gathering facilities - The equipment used to recover and move oil or gas from a well to a main pipeline, or other point of delivery such as a tank battery, and to place such oil or gas into marketable condition. Included are pipelines used as gathering lines, pumps, tanks, separators, compressors, and associated equipment and roads. Public beach - Any beach bordering on the Gulf of Mexico that extends inland from the line of mean low tide to the natural line of vegetation bordering on the seaward shore of the Gulf of Mexico, or such larger contiguous area towhichthe public has acquired a right of use or easement to or over by prescription, dedication, or estoppel, or has retained a right by virtue of continuous right in the public since time immemorial as recognized by law or custom. Recreational activity - Includes, but is not limited to, hiking, sunbathing, and camping for less than 21 days. For purposes of permits, recreational activities are limited to the private activities of the person owning the land and the social guests of the owner. Operation of recreational vehicles is not considered a recreational activity, whether private or public. Restoration - The process of constructing man-made vegetated mounds, repairing damaged dunes, or vegetating existing dunes. 938H2889.031.ak 08-11-93 12 Retaining wall - A structure designed primarily to contain material and to prevent the sliding of land. Sand budget - The amount of all sources of sediment, sediment traps, and transport of sediment within a defined area. From the sand budget, it is possible to determine whether sediment gains and losses are in balance. Seawall - An erosion response structure that is specifically designed to withstand wave forces. Seaward of a dune protection line - The area between a dune protection line and the line of mean high tide. Street - The entire width between the boundary line of the street right-of-way which is open to the use of the public for purposes of vehicular travel. Street right-of-way - The public beach. Structure - Includes, without limitation, any building or combination of related components constructed in an ordered scheme that constitutes a work or improvement constructed on or affixed to land. Swales - Low areas within a dune complex located in some portions of the Texas coast which function as natural rainwater collection areas and are an integral part of the dune complex. Washover areas - Low areas that are adjacent to beaches and are inundated by waves and storm tides from the Gulf of Mexico. Washovers may be found in abandoned tidal channels or where foredunes are poorly developed or breached by storm tides and wind erosion. IV. DUNE PROTECTION PLAN A. PURPOSE State law requires all local governments in coastal areas to protect critical dunes and dune vegetation from adverse effects resulting directly or indirectly from construction in a critical dune area or seaward of its dune protection line. The sand dunes that lend beauty to the coastal landscape also serve an invaluable practical purpose. They give resilience to the barrier shoreline - coastal communities' front line of defense against tropical storms and hurricanes. By absorbing the force of the storm surge, high waves, and wind, sand dunes help prevent inland property loss - and the loss of lives. 9310H2889.831.ak 08-11-93 13 As a resilient natural barrier to the destructive forces of wind and waves, sand dunes are the least expensive and most efficient defense against storm -surge flooding and beach erosion. Dunes absorb the impact of storm surge and high waves, preventing or delaying intrusion of waters into inland areas. Dunes hold sand that replaces eroded beaches after storms and buffer windblown sand and salt spray. This natural defense can be strengthened by increasing the height and stability of existing dunes and by building new ones. The growth of coastal population centers and the increasing development and recreational use of the barrier islands, such as Mustang and Padre Island, threaten the stability of the dune environment. Construction and heavy recreational use of the beaches contribute to dune deterioration. The vegetation that secures sand is destroyed, sand is lost, and the dune line is breached by roads, trails, and storm runoff. Dune damage that results from human activities accelerates the damage caused by wind and wave action. Inland areas become more vulnerable to hurricanes and tropical storms when the dune line is weakened. Protecting dunes helps prevent loss of life and property during storms and safeguards the sand supply that slows shoreline erosion. Protecting dunes also preserves and enhances the beauty of the coast. To succeed, dune improvement and protection efforts must be undertaken by federal, state, and local government entities. But even more valuable are efforts by those individuals and private interests who live in and develop properties on the coast. B. DUNE PROTECTION LINE Pursuant to the authority provided in the Dune Protection Act, the City of Corpus Christi may establish the dune protection line for applicable areas included within its corporate limits and its extraterritorial jurisdiction (ETJ) on Mustang and Padre Islands (Figure 1). However, the City is not authorized to establish a dune protection line unless the authority to do so is delegated to the City by the respective county, since its ETJ lies in both Nueces and Kleberg Counties. _ The City of Corpus Christi has conducted field inspections and researched numerous technical documents, both legal and scientific, to determine the appropriate location of the dune protection line. Figure 4 illustrates the dune protection line as proposed to be established by the City of Corpus Christi. As illustrated, this proposed dune protection line generally coincides with the maximum allowable distance by state law (1,000 feet landward of mean high tide at the shoreline of the Gulf of Mexico). This line also coincides with Nueces County's previously existing dune protection line, which has been in effect since 1973. The only exception to the maximum allowable distance is the area landward of the Gulf 93882889.831.ak 08-11-93 15 Beach Seawall. The proposed dune protection line in this area coincides with the seawall. Figure 4 and Appendix A contain a detailed description of the dune protection line for this area, including required survey tie-ins with the Texas State Coordinate Plane System. Several important factors distinguish the area behind the Seawall and all other areas adjacent to the Gulf of Mexico within Nueces County: 1) The dunes located landward of the Gulf Beach Seawall do not meet the following criteria for critical dunes: (See Appendix B for a more detailed justification for establishing dune"protection line at concrete and wooden seawall) a) sand does not return to beach; b) isolated area does not contribute to dunes systems to north or south; and c) seawall serves as protection from storm surge and no dunes exist to provide same protection in this area. 2) The area is protected from storm surges by the significant Seawall improvements of the Padre Isles and Lake Padre developments. 3) The area between the Padre Isles Seawall and Leeward Drive is completely outside the 100 year floodplain as designated by the Federal Insurance Administration. 4) The area landward of Leeward Drive is within flood zones A13 (elevations 9 or 10 feet above mean sea level): the same flood designations as most of Padre Isles development. 5) The area behind the wooden seawall has been previously permitted regarding dune protection and must meet the current requirements for dune protection and beachfront construction. The Padre Isles development including all of the area landward of the original seawall and the wooden portion added in the late 1980's, has been developed under a master plan of development. All required prior permits from the General Land Office, U.S. Army Corps of Engineers, Nueces County, the City of Corpus Christi, and FEMA have been obtained for the significant development which has occurred to date. C. DUNE PROTECTION PERMIT The dune protection line serves to identify the "critical dune areas" as defined by state law. 93NH2889.831.ak 08-11-93 7 16 Its placement determines where proposed development is required to apply for and receive a dune protection permit before construction may begin. The City of Corpus Christi will administer the dune protection permit process for those areas within its city limits. Nueces and Kleberg Counties, respectively, will administer the dune protection process within the City of Corpus Christi's extraterritorial jurisdiction. Because of this separate jurisdictional authority, coordination between the City and the two respective Counties will be a critical objective of the City's Dune Protection Plan, its implementing regulations andd their administration. This coordination will assure that the policies and objectives of the Texas Coastal Management Program will be implemented in an orderly fashion. Specifics on the regulatory requirements of the City of Corpus Christi's dune protection permit are contained in the companion document, "Dune Protection and Beach Access Regulations" under applicable sections addressing dune protection. The significant categories dealing with dune protection include required findings, prohibited activities, and the "mitigation sequence" of development in or near critical dune areas. The mitigation sequence consists of four basic alternatives to dune protection. These four alternatives includes avoidance, minimization, mitigation, and compensation. V. BEACH ACCESS PLAN A. PURPOSE AND SCOPE The purpose of the Beach Access Plan, as required by state law, is to protect the public's right to use and have access to and from the public beach and of providing standards certifying construction on land adjacent to the Gulf of Mexico consistent with such public rights. _ - The following is the City of Corpus Christi's Beach Access Plan within the City's area of jurisdiction including areas within its city limits and its extraterritorial jurisdiction. State law requires that the Beach Access Plan provide the following information: 1) a current description and map of the entire beach access system within its jurisdiction (Section D: Existing Beach Access); 2) the status of beach access demonstrated through evidence such as photographs, surveys, and statistics regarding the number of beach users (Section D: Existing Beach Access); 93NN2889.B31.ak 08-11-93 17 3) a detailed description of the proposed beach access plan replacing the existing beach access system. Such description shall demonstrate the method of providing equivalent or better access to and from the public beaches (Sections E: Policies and Objectives and F: Public Facilities Plans and Design Standards for Beach Access Improvements); and 4) a vehicular control plan, if the local government proposes either new or amended vehicular controls for the public beach (Section G: Vehicular Control Plan). B. BEACHFRONT CONSTRUCTION CERTIFICATE State law also requires that the Beach Access Plan be implemented through the issuance of "beachfront construction certificates" within the City's area of jurisdiction. The geographic area and respective types of City authority within the beachfront certificate area are described in more detail in the following section titled Geographic Scope and Authority, and in the companion document: City of Corpus Christi's "Dune Protection and Beach Access Regulations". State law is very specific with regard to providing standards to local governments governing the issuance of beachfront construction certificates to certify construction on land adjacent to the Gulf of Mexico is consistent with the public's right to use and have access to and from the public beach. In addition, the City of Corpus Christi will issue both beachfront construction certificates and dune protection permits concurrently when a proposed activity requires both. This concurrent approval process embodied within the "Dune Protection and Beach Access Regulations" is consistent with State law. C. GEOGRAPHIC SCOPE AND AUTHORITY The Open Beaches Act, limits the geographic scope of the beachfront construction certification area to the land adjacent to and landward of public beaches along the Gulf of Mexico and lying in the area either up to the first public road generally parallel to the public beach or to any closer public road not parallel to the beach, or the area up to 1,000 feet of mean high tide, whichever distance is greater. For the purposes of this Plan, the geographic scope of the City of Corpus Christi's jurisdiction includes those areas within the City's corporate limits and its extraterritorial jurisdiction on Padre and Mustang Island, and within Nueces and Kleberg Counties (Figure 1). Within these areas, the geographic scope of the City's Beach Access Plan includes the area within the Beachfront Construction Certificate area illustrated in Figure 5. Within the City of Corpus Christi's city limits, the City is authorized by state law to exercise platting and extensive police powers including building permit and zoning controls. In 93NH2889.831.8k 08-11.93 18 addition, within its extraterritorial jurisdiction, the City is authorized to regulate the platting of property and to annex properties adjacent to the City. Several areas are exempted by General Land Office rules from local beachfront construction certification requirements. These exempted areas include the Mustang Island State Park and the Padre Island National Seashore. In addition, certain uses and development such as oil and gas exploration and grazing livestock are exempted from the requirements of a dune protection permit but not a beachfront construction certificate. See "Dune Protection and Beach Access Regulations" for more detailed description. In addition to the above referenced geographic scope and authority, an area landward of the Gulf Beach seawall would be affected by mean high tide if the seawall were not in place. For the purposes of this Plan and Article 4 of the Dune Protection and Beach Access Regulations this area is defined as the Seawall Dependence Area as illustrated in the inset in Figure 5. This Seawall Dependence Area encompasses the area between the toe of the Gulf Beach seawall and the projected 50 -year erosion line. This 50 -year erosion line is based on the historical erosion rate between the years 1882 and 1974 of 1.4 feet per year which has been published by the Bureau of Economic Geology (Shoreline changes on Mustang Island and North Padre Island, Geographical Circular 77-1, Bureau of Economic Geology, The University of Texas at Austin, 1977). This 92 year erosion rate produces a 50 -year erosion line of 70 feet landward of mean high tide. D. EXISTING BEACH ACCESS Currently, eight vehicular roads provide public access to the 14.7 93882889.B31.ak 08-11-93 a7H aiam 0 = m m i i ^ F o mom m -ii O 0 oDmi o m om STD mma > 0 C r T 0 T m m 0 0 r r r T T 9 BA PE O O H E AC EC, • i` BE A CH ACCES HO 4 WHITECAP BLVD. C v D Z z z m m a r < r T PASS CORPUS CHRISTI PASS D U1 M M D S� r r 0 m m z 0 m z 0 •m V38V 31VOId111i30 BEACHFRONT CONSTRUCTION -1 0 C m m m c r 0 m X_ 0 0 ACCESS O O r x m o c a 0 0 s z o . x r AC m - K m r O x 0 m t C 9 i m 0 o u a go 3It ▪ Cl rr z r m > • y C C C O a 7 a r a O i V m se 1 20 miles of public beach within the City of Corpus Christi's area of jurisdiction. Figure 6. Beach Access Road # 2 is located approximately one-half mile north of the northern boundary of Mustang Island State Park. This road is the only beach access road between the State Park and Beach Access Road # 1 which is located approximately 7.3 miles north of Beach Access Road #2 and 3.6 miles north of the Port Aransas city limits. All of the remaining seven beach access roads within the City of Corpus Christi's jurisdiction are concentrated within a three mile area between Zahn Road and Beach Access Road # 6. This area includes the Gulf Beach Seawall area and Nueces County's Padre Balli Park and J.P. Luby Youth Park. Two additional beach access roads are located within the City's ETJ. However, they are located in areas exempted from the authority of the State's Coastal Management Program. Beach Access Road # 3 is located within Mustang Island State Park and approximately 3/4 mile north of the State Park's southern boundary. It provides access to the beach between the State Park's vehicular barrier on the north side of Corpus Christi Pass and Zahn Road. Beach Access Road "North", as it is commonly referenced, is located approximately one mile south of the northern boundary of the Padre Island National Seashore. This road provides the only beach access road between Beach Access Road # 6 and the vehicular barrier just south of Access Road "North" at the north end of the National Seashore, a distance of approximately eight miles. Currently, most of the public beach within the City's jurisdiction is fully accessible to vehicular traffic and public parking on the beach. The only restrictions on vehicular traffic and public on -beach parking exist along the Gulf Beach Seawall and between the south end of the Seawall and Bob Hall Pier. Public parking is prohibited and vehicular traffic is restricted to one-way southbound along the Seawall because the public beach has eroded to the point that the remaining narrow beach area will not permit safe two-way traffic or parking. One-way traffic in a southbound direction also continues from the seawall to the Padre Balli Park entrance road. In addition, a vehicular -free area exists between Whitecap Blvd. and Beach Access Road 4 for protected day use activities. Also, a parking area exists between Padre Balli Park entrance road and Bob Hall Pier. However, vehicular traffic is routed immediately landward of both of these areas. 931812889.831.ak 08-11-93 p 0 a LA m 0 cn cn a > m •o 0 a n m 33 CO Om 0 0 00 00 0 �0 m ren ACCEbS (l .O0 acW p v v emo 33 o cn 7 a N 33 M 0m r r r i1 x cl FR m N z (n (n m -�> M 0 '0A18 dVOBLHM ULAA WHITECAP BLVD •11 m c 21 m cn 33 >o O Om • 0 m 0 > Tnx cn iTp 6 p m 1 ~ NEWPORT PASS oom timo N 001X311 d0 41119 00 0 0 m 2 0 9 a a ern C I I I O O O - ti I.Zr m O - r m n m m > C a s in W Q a y O20 A m < O = r y m Z O r • < m a - a a C m r ^ -y in m� r • O 2 V m 22 E. POLICIES AND OBJECTIVES The Beach Access Plan provides the long-range policies and objectives addressing vehicular and pedestrian access to the public beaches and public beach parking. The General Land Office rules are very specific as to the requirements of a beach access plan. The central concern as stated in the Purpose section, is to protect the public's right to use and have access to and from the public beach and of providing standards certifying construction on land adjacent to the Gulf of Mexico consistent with such public rights. The City shall achieve, at a minimum, the following policies and objectives in development and implementation of this Beach Access Plan. Policy Statements 1. The City shall regulate pedestrian and vehicular beach access, traffic, and parking on the beach only in a manner that preserves or enhances existing public right to use and have access to and from the beach. 2. The City shall not impair or close an existing access point or close a public beach to pedestrian or vehicular traffic without prior approval from the General Land Office. For the purposes of this Plan, beach access and use is presumed to be preserved if the following criteria are met. a. Parking on or adjacent to the beach is adequate to accommodate a minimum of one car for each 15 linear feet of beach. b. Where vehicles are prohibited from driving on and along the beach, ingress/egress access ways (for pedestrians) are no farther apart than 1/2 mile. This minimum spacing may be varied based on factors such as dune formations, wetlands, platting, _blockage of ownership, and existing development. However, the total number of ingress/egress access ways for pedestrians shall be based on the minimum average spacing of 1/2 mile. c. Signs are posted which conspicuously explain the nature and extent of vehicular controls, parking areas, and access points. The City may establish its own beach access and use standards for General Land Office approval and certification based upon the General Land Office's affirmative finding that such standards preserve and enhance the public's right to use and access the public beach. 3. It is an objective to provide public restrooms, showers, and other such amenities at locations where the highest beach access occurs, such as at the seawall. 93NH2889.B31.ak 08-11-93 23 4. In addition to providing both vehicular and pedestrian access to the beach, protected pedestrian areas should be provided on the beach. The purpose of which is to provide protected pedestrian and beach user areas while also providing through movement of traffic. 5. Provide oversize parking stalls to accommodate oversize vehicles whenever public parking areas are provided. 6. This Plan constitutes the City's adopted, enforceable, written policy prohibiting the City's abandonment, relinquishment, or conveyance of any right, title, easement, right-of-way, street, path, or other interest that provides existing or potential beach access, unless an alternative equivalent or better beach access is first provided by the City consistent with its Dune Protection and Beach Access Plan. F. PUBLIC FACILITIES PLANS The primary objective of any plan is to assess existing conditions and needs, provide a vision of the future based on projections, and to provide feasible solutions for satisfying existing problems or anticipated demands. This Beach Access Plan provides these component planning elements with a strong bias to anticipate the real needs and provide a feasible plan to satisfy existing problems and anticipated future needs of assuring adequate access to the public beach. Driving on the beaches is the primary means of public access to most beaches within the City of Corpus Christi's area of jurisdiction. Currently, public access to the public beach is adequate, however, this situation could change by variables such as increased use of the beach, increased development of Gulf front properties, and the ever changing environmental conditions. Based on the above objective, several supplemental beach access opportunities have been outlined below for selection to satisfy existing and future needs in assuring adequate access to the public beach today and in the future. The selection of the most appropriate "Public Access Improvements" are highly dependent on variables such as existing beach access roads, dune formations, proximity to washouts and blowouts, wetlands, platting, blockage of ownership, and existing development. In order to establish priorities for decision-making the following order of priority shall include: 1) Public Facility Plan 1 - Enhanced vehicular beach access with public beach access roads provided at 2 mile intervals. 2) Public Facility Plan 2 - Public off -beach parking areas and public dune walkovers provided at one-half mile intervals and including, as feasible, off -beach parking. 93NH2889.B31.ak 08-11-93 24 3) Public Facility Plan 3 - Public off -beach parking areas provided at one to one and one-half mile intervals to supplement off -beach parking at the one-half mile pedestrian intervals. 1. Public Facilities Plan 1: Enhanced Vehicular Access Additional public beach access roads would be beneficial to enhance public access to public beaches within Corpus Christi's area of jurisdiction. These additional beach access roads would provide access from either State Highway 361 (formerly Park Road 53) or Park Road 22. Nueces County's existing Coastal Management Plan, calls for the establishment, or maintenance, of sufficient beach access roads to insure that there shall be no greater distance than two miles between access roads. This equates to the need of one additional access road within the City's ETJ in Nueces County. Figure 7. This proposed roadway would be located approximately 2 miles north of Beach Access Road No. 2. In addition, this objective projected into the Kleberg County portion of the City's ETJ, would call for three additional beach access roads within Kleberg County north of the Padre Island National Seashore. The cost of providing these beach access roads would range from approximately $100,000 for the proposed road (1,500 feet long) north of Beach Access Road No. 2 to approximately $220,000 for each of the three proposed beach access roads in Kleberg County (3,000 to 4,000 feet long). These costs would include paved roadway access with cement stabilized sand base, land acquisition, design and contingencies. This general strategy is considered as financially and environmentally more feasible and practicable when compared to other more expensive and environmentally impactive beach access plans. POLICY STATEMENTS: 1. The present beach access policy is to continue to allow 93NH2889.831.ak 08-11-93 Provided at 2 Mile Intervals Enhanced Vehicular Access Roads V C r 1. NV1d S3IlI1IOVd 0 p D CO p 0 m • D mI. oi m 71 w DD 00 jx oD 0 -k 0 N l� 0 30 - (9) CO w -1) > 0 > 0 0 m Nv co 33 0 rn 436 04\ o° ALL AO A • 0 a rt1.a 0 m na P• m 0 .�.: N x•L CASS N c I' • \.it L.: i x 0 WHITECAP BLVD 33 D w w p 0 m r wm0 • D N x o N n 1, m NEWPORT PASS - onm wm0 cncn CORPUS CRRISII PASS 1 Iv 0>rn 0 Co 00IX3VI do dln0 CC SS NO m m N D 3) m 0• 0 n 0 n m my rn N O a v 26 vehicles on the beaches within the City's area of jurisdiction except where it is determined to be in the overall public interest to restrict vehicles. 2. The City, in concert with appropriate counties, shall endeavor to provide additional beach access roads to insure that there will be no greater distance than two (2) miles between public vehicular access roads. 3. No person shall create, erect or construct any obstruction, barrier, or restraint that will interfere with the free and unrestricted right of the public to enter or leave or use any public beach, however, protection of private property from damage or intrusion caused by the public may be allowed if in compliance with the Open Beaches Act. Public Facility Plans 2 and 3: OFF -BEACH VEHICULAR ACCESS AND PARKING The existing beach access system may be adequate now and in the near future for assuring adequate access to the public beach. However, numerous natural and man-made processes have caused significant erosion of the public beaches along the Gulf Coast, including Mustang and Padre Islands. If these phenomenon continue, which is likely, the public beach may become so narrow that continued vehicular use of the beach may be physically impossible or pose a threat to public safety. In addition, as development of private property landward of the public beach and the critical dune areas occurs over time, future opportunities for providing means of access to the public beach will be seriously diminished. With these factors in mind, two beach access plans with vehicular access and parking provided on the landward side of the critical dune areas have been provided for consideration for inclusion in the Beach Access Plan. These beach access plans are described below. 2. Public Facility Plan 2: Public Off -Beach Parking and Walkovers at 1/2 Half Mile Intervals Public Facilities Plan 2, Figure 8, illustrates a beach access concept which would place both off -beach parking areas and pedestrian access points at one-half mile intervals. This concept could be accomplished by requiring development when seeking a beachfront construction certificate, and/or platting, to reserve areas (or possibly dedicate or donate easements) for off -beach public parking facilities and pedestrian walkways to the public beach. Figure 9. Dedication is preferable. If dedication is not practical, the areas should be reserved for subsequent purchase by 93NH2889.B31.ak 08-11-93 0 T T co D 0 1 -01�(O W pcDxD Z r co 0 GI -.-1= co (' D n Dp 0 mK m O O cn z � - I ny o 0 D r T Z r0 r m -I ti 17 Z D -0 O 0 8 0 1 n O • = T O-,C�w 71 3:1 07 DJ-1D4W V L n 0 a N T 2 C 2 mNMI0D fr'KComIll ▪ fn 0-- v0'N�rv���2 °'-1Z 0 O T - - W ZZ Z m G)w 0 1 0 0 • - cs C > 0D-4 O-i XI —I mACO r � D� D Lq O Den Nmz0 m3W�N • C NZ0)D t/1 C —1:1n-13 r 17 0om0 — I w 71-133 33 -1 I11 D < N 1 m 13 0 r z PUBLIC FACILITIES FIGURE 9 PLAN 2 PUBLIC BEACH ACCESS POINTS DETAIL PUBLIC OFF -BEACH PARKING AT ONE-HALF MILE INTERVALS 134 TO 174 PARKING SP. - COMPUTED AT ONE PARKING SPACE PER 15' OF LINEAL BEACH CLOSED TO VEHICULAR TRAFFIC SH 361 (PK. RD. 53) NOTE NOT TO SCALE CRITICAL DUNE AREA (VARIES) GULF OF MEXICO VEGETATION LINE PUBLIC BEACH (VARIES) 29 the City, County or State. Or, the City, County or State could purchase, or enter into long- term lease agreements for, these properties in advance of private development. The spacing interval of these public off -beach parking and beach access facilities would be a maximum of one-half mile (as required by the General Land Office). This spacing would depend on variables including existing vehicular access points, platting, common ownerships of separate lots, locations of washouts and blowouts and proximity to wetlands and critical dunes. The cost associated with this option would total approximately $300,000 per parking and walkover access point. This cost estimate includes paved roadway access and parking with cement stabilized sand base, land acquisition, handicap accessible walkoverstructure, lighting and landscaping, design and contingencies. The unit cost approximates $1,700 per parking space. 3. Public Facility Plan 3: Public Off -Beach Parking Areas Provided at 1 and 1/2 Mile Intervals / Public Walkovers Provided at 1/2 Mile Intervals Public Facilities Plan 3, Figure 10, illustrates another beach access concept which would place only pedestrian access points (12 to 20 feet wide) at one-half mile intervals as required. Rather than placing off -beach vehicular parking areas at each of the required pedestrian access points at one-half mile intervals, as in Public Facility Plan 2, this option proposes that vehicular parking areas be aggregated into much larger parking areas. Figure 11. The spacing frequency could range up to one and one-half miles between the parking areas. This concept would be accomplished by requiring development of properties indicated on the Plan map with these public facilities to reserve areas (or possibly dedicate or donate easements) for off -beach pedestrian walkways and walkovers to the public beach when seeking a beachfront construction certificate, and/or platting. The areas reserved would be subsequently purchased by the City, County or State. As in Public Facilities Plan 2, the spacing interval of these public off -beach parking and beach access facilities would be dependant on variables such as existing vehicular access points, platting, common ownerships of separate lots, locations of washouts and blowouts, and proximity to wetlands and critical dunes. In addition, this plan would be enhanced with shuttle transit service connecting the large public off -beach parking areas to pedestrian only access points, and/or permitted roadside parking along State Highway 361 and Park Road 22. The costs associated with this option would range from 93112889.831.ak 08-11-93 ' SEE PUBLIC FACILITIES PLAN 2: PUBLIC BEACH ACCESS POINTS DETAIL TOTAL 3A54 PARKING SPACES PUBLIC WALKOVERS PROVIDED AT ONE HALF MILE (MIN.) INTERVALS TV r n a 0 com - u z 1- 13 MI 33 O W o C) M O 0 7 D T O m za m C) O D z mz a G) vza � O m Z N D r m z mcn-n C m 0 •> m tom A> = 0 T w 03 32 m 0 to •0"0.0 1 Z - N J a H O a O Z! T 1 1 > Z0 n mn fn • C... • 0 Poe ACCESS Innen •CCt if StAwm 11' •«,_• •O. gyp' s J/I li >0 N Z TO T co 03 >13 LT1 mn cn= O sam 2 RD. •o. 1,, I S 1 n n r i tl O 00 y C a 4 = Y 1 C 1 y I y tl O r O 2tl no O 21 i o CI 2 sIA —z y m Z y^ tl T Zr G Y y tl O o m FIGURE 11 PUBLIC FACILITIES PLAN #3 PUBLIC BEACH ACCESS POINTS DETAIL PUBLIC WALKOVERS AT 1/2MILE INTERVALS PARKING AREAS PLACED AT ONE TO ONE AND ONE - HALF MILE INTERVALS TOTAL 360 Spaces (7 Acres) TO 600 Spaces (127 Acres) ST. HWY. 361 (PK. RD. 53) OR PK. RD. 22 r i VARIES: 600' TO 800 a} NOTE NOT TO SCALE T T Ck j csidaitZenat GULF OF MEXICO CRITICAL DUNE AREA (VARIES/ 32 approximately $300,000 to $550,000 per parking and walkover access point. This cost estimate includes improvements comparable to Public Facility Plan 2. Unit costs would approximate about $900 per parking space including land acquisition and dune walkover. However, costs for the alternating pedestrian walkways should be added to the total cost. These walkways and walkovers, located at 1/2 mile intervals, range in cost from $185,000 to $225,000 each. These additional costs would increase the unit cost to approximately $650 per parking space. These two unit cost subtotals would total approximately $1,550 per parking space as compared to $1,700 per space for Public Facility Plan 2. 4. Design Standards for Beach Access Improvements Figures 12 through 14 illustrate various cross-sections of roadways to off -beach parking areas, pedestrian walkways and dune walkovers. These improvements would be provided with respective beach access improvements for Public Facility Plans 1, 2, or 3. G. VEHICULAR CONTROL PLAN L AUTHORITY. The City Manager of the City of Corpus Christi, or such officers and employees of the City designated by the City Manager, is authorized by the Texas Natural Resources Code, Section 61.129 and the City of Corpus Christi Code of Ordinances, Chapter 53 -Traffic, to regulate vehicular and pedestrian traffic on all streets, roadways and highways and public right-of-way areas within the incorporated city limits of the City of Corpus Christi, which includes the Gulf Beach area within the incorporated city limits. II. INVENTORY OF EXISTING VEHICULAR ACCESS WAYS. A. The following areas are maintained -as public vehicular access ways, immediately abutting or within the incorporated city limits of the City of Corpus Christi, to and from the Gulf Beach. 1. Beach Access Road #3-A. Runs east -west and immediately abuts the north city limit line and is maintained by Nueces County. This road is an asphalt paved road without curb or gutter, approximately 18 feet in width, and runs approximately 400 feet in length between St. Bartholomew Drive and the Gulf Beach. Roadside parking is not available along either side of Beach 93N82889.831.ak 08-11-93 FIGURE 12 CROSS-SECTION OF VEHICULAR/BIKEWAY ROADWAY FROM STATE HWY. 361/PARK RD. 22 TO PUBLIC OFF BEACH PARKING CEMENT STABILIZED SAND BASE 5' 23' 12' 34' 12' 5' / / Bikeway 23' DRAINAGE PAVING 80' ROW DRAINAGE NOTE: ALL DIMENSIONS ARE MINIMUM FIGURE 13 CROSS-SECTION OF PUBLIC DUNE WALKOVER PRESSURE TREATED WOODEN WALKOVER MINIMUM 1/2 TIMES WIDTH 4' MIN. LIGHT STANDARD ALSO SERVES AS SUPPORT FOR WALKOVER TO MINIMIZE DISTURBANCE TO DUNES. 8' MIN 2' MIN./ VI \A iII 0‘1 14' MIN. EASEMENT 2' MIN. FIGURE 14 . CROSS-SECTION OF AT GRADE PEDESTRIAN WALKWAY TO PUBLIC BEACH/DUNE WALKOVER REINFORCED CONCRETE BRUSH FINISH 6" THICK (EMERG. VEHICLE) r� 12' MIN. - 20' MAX. 36 Access Road #3-A. 2. Whitecap Boulevard. Runs east -west and intersects the Gulf Beach at a point approximately 800 -ft. north of the south city limit and is maintained by the City of Corpus Christi. Whitecap Boulevard is an improved street which runs continuously between the Laguna Madre (at its west terminus), crossing Park Road 22, and intersecting the Gulf Beach at a point approximately 900 feet east of Windward Drive. Whitecap Boulevard varies in street width from a 4 -lane median divided 60 -ft. (back-to-back) section west of Park Road 22, a 5 -lane 62 foot (back-to-back) section between Park Road 22 and Windward, and a 4 -lane 40 foot (back-to-back) section east of Windward Drive to its east terminus at the Gulf Beach. Whitecap Boulevard serves as the main access roadway between Park Road 22 and the Gulf Beach area within the incorporated city limits. Curbside parking is prohibited along the full length of Whitecap Boulevard east of Park Road 22. Street lighting is provided continuously along the full length of Windward. 3. Beach Access Road #4. Runs east -west and immediately abuts the south city limit line and is maintained by Nueces County. This road is an asphalt paved road without curb and gutter, approximately 20 feet in width, and runs approximately 0.53 miles in length between Park Road 22 and the Gulf Beach. Roadside parking is not available along either side of Beach Access Road #4. 4. Windward Drive. Runs north -south between its dead end approximately 1,600 feet south of Whitecap Boulevard to St. Bartholomew Drive approximately 0.82 miles north of Whitecap Boulevard. Windward is an improved (curbed and guttered) street, approximately 60 feet in width, and is designed for two- way traffic with curbside parking permitted each side of Windward. Windward Drive provides access to developed property landward of the Gulf Beach seawall area, and connects with each of Whitecap Boulevard and Beach Access Road #3-A. Street lighting is provided continuously along the full length of Windward Drive. 5. Existing Vehicular Use of the Gulf Beach. The following traffic control regulations are presently in effect: a. Vehicular traffic operates as one-way in a southerly direction from the northernmost point of the Gulf Beach seawall area (at which point 9314H2889.831.ak 08-11-93 37 Beach Access Road #3-A intersects the Gulf Beach) to the intersection of the traveled portion of the Gulf Beach with Padre Balli Park entrance road. b. The stopping, standing or parking of any motor vehicle is prohibited upon any section seaward of the Gulf Beach seawall from the northernmost point of the Gulf Beach seawall area (at which point Beach Access Road #3-A intersects the Gulf Beach) to the southernmost point of the Gulf Beach seawall area immediately north of Whitecap Boulevard's intersection with the Gulf Beach. III. PROPOSED PROHIBITION OF VEHICULAR TRAFFIC SEAWARD OF GULF BEACH SEAWALL. The Gulf Beach Seawall area, approximately 4,200 lineal feet in length, is narrow between the constructed seawall and Gulf Beach waters, and generally unsafe with the current mixture of vehicular traffic and beach pedestrians, sunbathers, and other common recreational activities. Dependent on the Gulf tides, there are frequent occasions where vehicular traffic along the beach is made completely impassable by the tide elevations. Further, it is estimated that on the vast majority of tidal conditions, there is less than 50 -feet of beach area between the water's edge and the seawall for combined vehicular traffic and other beach use activity. Based on these public safety concerns vehicular traffic is recommended to be prohibited in the area seaward of the Gulf Beach Seawall, and rerouted to Windward Drive and Leeward Drive via Beach Access Road #3A and Whitecap Blvd. Figure 15. Section VII. of Appendix C (Traffic Regulations) encompasses the implementary and regulatory aspects of this proposal. A. Interim Parking Plan As further described in Section V, the City will designate Windward Drive, Robla Drive and St. Augustine Drive as off -beach areas to satisfy State regulations that parking on or adjacent to the beach shall be adequate to accommodate one (1) car for each 15 linear feet of beach. It is recognized that the re-routing of traffic from the Gulf Beach seawall area to Windward Drive and Leeward Drive, in combination with increased pedestrian activity from the off -beach parking on Windward and other designated streets, may result in conflicts 93NH2889.B31.ak 08-11-93 T r FIGURE 15 GULF BEACH VEHICULAR TRAFFIC RE-ROUTING PROPOSAL Traffic re-routed from gulf beach seawall area to Gulf Beach Access Road 3A, Windward Drive, and Whitecap Boulevard PEDESTRIAN EASEMENTS 5ZZRkZ.M*2g MOTOR TRAFFIC PROHIBITED 0 ci 2Cc. Gulf Beach Access Road 3A—.. 1 J.P. LUSY YOUTH PARK AND SURFING PEIR STATE TRACT 1 XI) 0 C • nit' twit 1 It p lauunaiuuulrtla CITY LIMIT LINE 1 Beach Access Road 4 0 1.000' 1.400' PEDESTRIAN EASEMENT 1 PEDESTRIAN EASEMENT 3 1•! 1.150' C0 N r} 1/4 PEDESTRIAN EASEMENT 2 700 1400 1' = 700' 39 between beach -destined pedestrian crossings and through vehicular movements on these streets. The City will implement and maintain the following safeguards on Windward Drive to minimize any such pedestrian -vehicular conflicts: 1. The speed limit on Windward Drive will be lowered from 30 MPH to 20 MPH. 2. Highly visible pedestrian crossings will be marked and sign -posted (with local and advance pedestrian crossing warning signs) at a minimum of three (3) pedestrian crossing points on Windward Drive in direct alignment with the pedestrian access ways (from Windward Drive to the Gulf Beach seawall). The City will install highly -visible flashing beacons at each pedestrian crossing to caution advancing motorists of the presence of pedestrian crossings. 3. Minimum 8 -foot width "tied" sidewalks are planned for construction along each side of Windward Drive between Whitecap Boulevard and St. Bartholomew Drive. As an interim measure to the provision of sidewalks, Windward Drive will be marked with on -street (7 -foot width) protected exclusive pedestrian paths along the full length of each side of Windward Drive. The pedestrian paths will be marked between the street curb and adjacent parallel parking lane and will be protected from vehicular movements in the parking lane by means of reflectorized pavement markers with adjacent "rumble -strips" to alert motorists traffic traveling too close to the pedestrian path. Supplemental vertical bollards will be installed between the pedestrian path and parking lane at appropriate intervals to serve as a physical barrier. 4. Parking controls and sight -distance controls will be maintained at each marked pedestrian crossing location to provide a minimum of 200 -foot stopping sight distance of legal pedestrian crossing activity. 5. In the event that pedestrian crossing activity and vehicular activity along Windward Drive reach levels of activity satisfying pedestrian crossing signal warrants identified in the Texas Manual on Uniform Traffic Control Devices (Part IV Section 4C-5), the City will provide midblock, pedestrian -activated pedestrian signal crossing protection. 6. Street lighting with an average -maintained illumination of 1.0 -foot candles will be provided along each of Windward Drive and Leeward Drive. B. Ultimate Parking Plan 93NH2889.B31.ak 08-11-93 T r 40 1. The City recognizes the need to provide increased sidewalk protection to beach -destined pedestrians as through traffic volume and parking activity increase along Windward Drive. In addition to the above safeguards, the City will construct permanent sidewalk improvements along each side of Windward between Whitecap Boulevard and St. Bartholomew Drive to replace the interim on -street protected pedestrian paths (item 3). The permanent sidewalks will be constructed subsequent to execution of cost -participation agreement with abutting property owners for the sidewalk improvements and identification of funds to cover the City's share of the sidewalk improvements. 2. The City further recognizes that increased property development along Windward Drive, coupled with increased beach -destined activity, will increase the demand for use of off -beach curbside parking spaces along Windward Drive and the connecting side streets. In addition to the on -street parking spaces along these streets, permanent off -beach, off-street parking is acknowledged as the ultimate parking source for improved beach access to the Gulf Beach seawall area. The City will negotiate with property owners seaward of Windward Drive for participation in the construction of permanent off -beach, off-street parking within reasonable distance of the Gulf Beach seawall area, with the goal of providing such parking at such time the demand for on -street beach -destined and general parking demand reaches a sustained 100% utilization level during peak seasonal activity periods. C. Handicap Parking Access 1. The City plans to provide barrier -free access from the Gulf Beach seawall to the beach area beneath the seawall at least one (1) point between the north and south ends of the seawall. Such barrier -free access will comply with the Americans with Disabilities Act as amended, and is contingent upon agreement to be reached with property owners of the Gulf Beach seawall for the construction of the barrier -free access improvement upon the seawall. 2. In the interim preceding such improvement identified in item 1, the city will designate the on -beach parking areas on the immediate north and south ends of the Gulf Beach seawall as parking areas for handicap access to the beach area beneath the seawall. Conspicuous signage will be placed along Windward Drive and connecting side streets between Windward and Leeward identifying (a) that the pedestrian access ways will provide barrier -free access only to the top of the seawall, and (b) that handicap access to the beach area beneath the seawall is provided only at the public parking areas immediately north and south of the seawall. 93N82889.831. ak 08-11-93 41 IV. INVENTORY OF EXISTING AND PLANNED PEDESTRIAN ACCESS WAYS. A. The City of Corpus Christi plans to acquire and maintain (prior to prohibited vehicular traffic in the area described above) public pedestrian easements running the continuous length between Windward Drive and the Gulf Beach for the express purpose of Gulf Beach public access. 1. Public pedestrian easement, 12 -foot wide and approximately 500 feet long, out of Lot 13, Block 45, Padre Island - Corpus Christi, Section A, which is bounded on the north by a line situated 12 feet north of and parallel to the south boundary line of said Lot 13; 2. Public pedestrian easement, 12 -foot wide and approximately 700 feet long, out of Tract A-2, Block 45, Padre Island - Corpus Christi, Section A, which is bounded on the north by a line situated 12 -feet north of and parallel to the south boundary line of said Tract A-2; 3. Public pedestrian easement, 20 -foot wide and approximately 500 feet long, out of Lot 20, Block 45, Padre Island - Corpus Christi, Section A, which is bounded on the north by a line situated 50 feet south of and parallel to the north boundary line of said Lot 20 and on the south by a line situated 70 feet south of and parallel to the north boundary line of said Lot 20. C. Facilities constructed within the aforementioned pedestrian easements and connections to the Seawall and on -street parking areas will comply with the Americans with Disabilities Act as amended, and to provide minimal necessary (average -maintained 1.0 footcandle) public safety lighting. In addition, public amenities are to be provided including drinking fountains and restroom facilities at locations of highest use prior to the prohibition of vehicular traffic seaward of the Gulf Beach seawall. C. The City of Corpus Christi shall provide conspicuously -placed signage along the aforementioned sections of Windward Drive and connecting streets between Leeward Drive and Windward Drive identifying these street sections as designated areas for public beach access parking. D. The City of Corpus Christi shall provide conspicuously -placed signage at each entrance point of the aforementioned public pedestrian access ways along Windward Drive, identifying these access ways as designated public access ways to and from the Gulf Beach. 93NH2889.B31.ak 08-11-93 42 V. CONSISTENCY OF PROPOSED VEHICULAR CONTROLS WITH STATE STANDARDS FOR PRESERVING ACCEPTABLE BEACH ACCESS. The fact that existing vehicular control prohibits the stopping, standing or parking of motor vehicles along the 4,200 -foot length Gulf Beach seawall area must be considered in the City's overall plan for vehicular access regulation in this area. In essence, the City's plan enhances access to the subject beach area, even with the proposed restriction of vehicular travel upon the subject beach area. A. State regulations specify that parking on or adjacent to the beach shall be adequate to accommodate one (1) car for each 15 lineal feet of beach. Along the 4,200 -foot length of Gulf Beach seawall area along which vehicular travel is proposed to be prohibited, this translates to a parking supply of 280 vehicles. The City's plan for providing on -street parking access along Windward Drive and two connecting side streets (between Windward Drive and Leeward Drive, from Whitecap Boulevard to St. Bartholomew Drive) will provide approximately 330 on -street parking spaces. B. State regulations also specify that where vehicles are prohibited from driving on and along the beach, ingress/egress access ways are not farther apart than 1/2 - mile. The City's plan provides at least two public pedestrian easements 12 -feet wide with six-foot wide concrete walkways to provide equivalent public access to the Gulf Beach area seaward of the Gulf Beach seawall. The resultant distances between public access points are well within the maximum 1/2 -mile intervals established by the State. C. Dune protection is maintained in the areas of the two existing public pedestrian easements described above. These easements with six-foot walkways are constructed through non-critical dune areas, without any further construction through or over dunes necessary. D. The City will install and maintain traffic signage along all areas of the public beach explaining and regulating the extent of vehicular controls, parking and parking restriction areas, and access points. The City will identify by use of conspicuous signage on Windward Drive and other connecting streets identifying these streets as designated areas for public beach access parking. In addition, the pedestrian access ways running between Windward Drive and the Gulf Beach will be conspicuously signed for identification of beach access for the public. VI. VEHICULAR MANAGEMENT TIES TO BEACH CONSTRUCTION MANAGEMENT, BEACH USER FEES AND DUNE PROTECTION A. Beachfront Construction Certification 938H2889.831.ak 08-11-93 APPENDICES 93NH2889.831.ak 08-11-93 44 APPENDIX A AREA EXCLUDED FROM 1,000 FOOT DUNE PROTECTION AREA HORIZONTAL DATUM IS SURFACE, REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM OF 1983. REFERENCE STATION IS NATIONAL GEODETIC SURVEY, GLOBAL POSmONING SYSTEM STATION SO - 010. VERTICAL DATUM IS REFERENCED TO NATIONAL OCEAN SERVICE TIDE GAUGE AT BOB HALL PIER, CORPUS CHRISTI, GULF OF MEXICO. BEING A 125.587 ACRE TRACT OF LAND SITUATED IN AND OUT OF A PORTION OF THE PADRE ISLAND DEVELOPMENT AT THE NORTH END OF PADRE ISLAND IN CORPUS CHRISTI, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Beginning at a point on the centerline of a wooden bulkhead along the north right-of-way line of Beach Access Road No. 4, at it's intersection with the designated 1000 foot Dune Protection line as determined from Mean High Water along the Gulf of Mexico, for the southwest corner of this tract, same point being established as having Texas State Plane coordinates of N 17,107,475.26 feet and E 1,400,034.77 feet; YThence, South 89° 12' 32" East, with said centerline of wooden bulkhead, a distance of 545.16 feet, to a point, for the southeast corner of this tract; Thence, North 24° 22' 10" East, continuing with -said centerline of wooden bulkhead, a distance of 1370.94 feet, to a point, for an inside corner of this tract; Thence, South 65° 41' 27" East, continuing with said centerline of wooden bulkhead, a distance of 499.38 feet, to a point, for a corner of this tract; Thence, North 24° 21' 09" East, continuing with said centerline of wooden bulkhead, at 42.28 feet, pass a corner of said wooden bulkhead and continuing along the face of the bottom step of a concrete seawall, in all a distance of 4,265.75 feet, to a point, for the northeast corner of said concrete seawall and a corner of this tract; Thence, North 65° 38' 51" West, with the north line of said concrete seawall, 11.20 feet, to a point, at it's intersection with the centerline of another wooden bulkhead, for a corner of 93NH2889.B31.ak 08-11-93 45 this tract; Thence, North 24° 21' 09" East, with said centerline of wooden bulkhead, a distance of 47.32 feet, to a point, for the northeast corner of this tract; Thence, North 65° 36' 51" West, continuing with said centerline of wooden bulkhead, a distance of 488.44 feet, to a point, for an inside corner of this tract; Thence, North 24° 21' 29" East, continuing with said centerline of wooden bulkhead, a distance of 1,160.94 feet, to the point of curvature of a circular curve to the left, which curve has a central angle of 102° 42' 15", a radius of 273.50 feet, a tangent distance of 342.02 feet and an arc length of 490.26 feet; Thence, with said circular curve to the left, in a northwesterly direction and continuing with said centerline of wooden bulkhead, an arc distance of 490.26 feet, to a point, for a corner of this tract; Thence, North 78° 20' 46" West, continuing with said centerline of wooden bulkhead, a distance of 92.71 feet, to a point, at it's intersection with the previously described 1000 foot Dune Protection Line, for the northwest corner of this tract; Thence, South 24° 56' 51" West, with said Dune Protection Line, a distance of 7,310.38 feet, to the PLACE OF BEGINNING and containing 125.587 acres of land. 93NH2889.B31.ak 08-11-93 46 APPENDIX B JUSTIFICATION FOR ESTABLISHING DUNE PROTECTION LINE AT CONCRETE AND WOODEN SEAWALLS. Excerpt from request for Master Plan Development Authorization on North Padre Island by Shiner, Moseley and Associates, Inc., June 1993. Pursuant to TAC 31 § 15.1 critical dune areas are: those portion of the beach/dune system as designated by the GLO that are located within 1,000 feet of mean high tide of the Gulf of Mexico that contain dunes and dune complexes that are essential to the protection of public beaches, submerged lands, and state-owned land, such as public roads and coastal public lands, from nuisance, erosion, storm surge, and high wind and waves. Critical dune areas include, but are not limited to, the dunes that store sand in the beach/dune system to replenish eroding public beaches. Critical Dunes are: • Essential for protection from nuisance; • Essential for protection from erosion; • Essential for protection from storm surge; • Essential for protection from high wind; • Essential for protection from high waves; and/or, • Storing sands to replenish the eroding public beaches. The inability of the dunes located behind the sea wall or timber perimeter wall to meet these criteria will be discussed in detail below. Protection from Nuisance The term nuisance is nebulous and not defined in the TAC 31 § 15.1. We are therefore not sure what the GLO had in mind concerning this criteria. The definition of nuisance generally applicable in law is "a thing or condition causing danger or annoyance either to a limited number of persons or to the general public". It is assumed that the use of this term § 15.1 was just meant to serve as a precursor to the following criteria. Protection from Erosion The dunes located behind the seawall could not provide any erosion protection from shoreline erosion. See Figure B-1 and Figure B-2. 93HH2889.831.ak 08-11-93 47 Protection from Storm Surge By definition of base flood elevation (BFE), storm surge elevation is going to be significantly less than that of the top of the sea wall. According the FEMA's determination, BFE in this area is 14' at the concrete seawall and 12' at the temper perimeter wall. Therefore, the storm surge elevation must be well below the elevation of the seawall which is approximately 14'. The seawall is already providing protection from storm surge to all properties located behind it. See Figure B-3. FEMA has determined the area behind the seawall to be above the 100 year flood plain. Protection from High Wind It is an accepted fact among scientists that sand dunes do not provide protection from high winds during storms. Therefore the dunes behind the sea wall do not provide any protection from high winds. Protection from High Waves Again by definitions of BFE, maximum wave fetch is added to storm surge elevation to determine BFE. Since FEMA has determined BFE at the seawall to be 14', if the elevation of the seawall is 14', or greater, then the seawall is providing the protection from high waves and any dunes located behind the seawall cannot be providing any additional protection. See Figure B-3. FEMA has determined the area behind the seawall and timber perimeter wall to be above the 100 year flood plain. Storing Sands to Replenish Beaches The prevailing winds in the seawall area blow north west carrying the sands up over the seawall and dropping them behind it causing the formation of dunes behind it. It is only on rare occasions that the winds blow in the opposite direction and have any potential to replenish sands on the beach. Furthermore, the seawall structure itself prevents the sands stored in the dunes behind it from returning to the beach. Therefore, these dunes are not storing sands to replenish the beach. See Figure B-4. 93NH2889.831.ak 08-11-93 0 Timber Pile Bulkhead - El 14' BFE = 12' R\\ 1 Current Dune Protection Line Potential Relocation of Dune Protection and Beachfront Construction Lines Dunes of Concem Concrete Seawall - El 12'-13' + -18" BFE = 14' t1'� SHINER. MOSELEY AND ASSOCIATES, INC. FIGURE B-1 Current Dune Protection Line J30062 April 1993 rN T 1 Y7 18 '0 20 N H t O Erosion Rates N Oe O\ A 1 a T 1 U C -8.4 r In O ' C tN CA S O a A aft.' V 7 .7 CSI 1 O e ' A it, • r - 1 W 00 - 3.0 $ - a + a Ch 1 In A Long Tenn Erosion (LT) ST - UTBEG, "Shoreline and Vegetation -Line Mt •✓amen[, Texas Gulf Coast, 1974 to 1982" LT - UTBEG, "Shoreline Changes on Mustang and North Padre Island (Aransas Pass to Yarborough Pass): An Analysis of Historical Changes of the Texas Gulf Shoreline" At Washover Channels (WO) P z O Storm Surge Base Flood Elevation + 18" + 12'_13' Seawall Mean High Tide SHINER. MOSELEY AND ASSOCIATES, INC. FlGURE B-3 Definition of Base Flood Elevation J30062 April 1993 4,' Sand t Occasional Winds Sand Trapped, Not Returned to Beach Dunes SHINER, MOSELEY AND ASS CIATES, INC. FIGURE B-4 Sand Movement Past Seawall J30062 April 1993 52 APPENDIX C TRAFFIC REGULATIONS The following traffic regulations will be incorporated into the Dune Protection and Beach Access Regulations upon City Council approval. I. THE CITY OF CORPUS CHRISTI HEREBY ACCEPTS AND DESIGNATES THE PUBLIC BEACH AS A STREET RIGHT-OF-WAY. II. OBSTRUCTION OF THE MAIN TRAVELED ROADWAY A. It shall be an offense for a person to drive or operate a motor vehicle on any portion of the Gulf Beach other than on the main traveled roadway of such beach. Under no circumstances shall a person operate any vehicle on a sand dune seaward of the dune protection line. This section shall not apply to the driver of a vehicle while proceeding to any other area of the Gulf Beach for the purpose of parking such vehicle, or in returning therefrom, so long as the route taken is the most direct path between the main traveled roadway along such beach and the beach parking area. B. It shall be an offense for any person to stop, park or leave standing any vehicle, whether attended or unattended, upon the main traveled roadway of the Gulf Beach or Gulf Beach Access Roads. This section shall not apply to the driver of any vehicle which is disabled while on the main traveled roadway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. 2. Whenever any police or peace officer encounters a vehicle, trailer, travel -trailer, tent, umbrella, surfboard or other object placed, parked or left standing upon the main traveled roadway, such officer is authorized to move or cause the removal of such vehicle, or items to a position off the main traveled roadway. C. It shall be an offense for a person, or persons, to take any actions which may interfere with the safe passage of motor vehicles on and pedestrian activity along the main traveled roadway. III. VEHICULAR OPERATION A. It shall be an offense for a person to drive or operate a motor vehicle on the beach in willful or wanton disregard for the safety of persons or property. 93NN2889.B31.ak 08-11-93 53 B. It shall be an offense for a person to drive or operate a motor vehicle with persons seated on the exterior of a motor vehicle. This shall not apply to a vehicle operated with persons fully seated on the floor of the bed of a pickup truck. C. It shall be an offense for a person to operate a motor vehicle with persons standing on the exterior of any part of the motor vehicle. D. It shall be an offense for a person to operate a motor vehicle towing any person, object material, or item other than a registered trailer or other vehicle. 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: a. Vehicle engaged in the actual launching or loading of water craft. b. Beach maintenance, seawall maintenance, and emergency vehicles. c. Gulf Beach situated immediately in front of the seawall erected by the Padre Island Investment Corporation, the same being located between Access Road 3A and Whitecap Boulevard, known herein as the "seawall area". Traffic regulation for the Gulf Beach "seawall area" shall be in accordance with the Section - REGULATION OF VEHICULAR ACCESS TO AND VEHICULAR OPERATION WITHIN THE GULF BEACH SEAWALL AREA in Section VII. F. Vehicular traffic shall operate as -one-way in a southerly direction between Whitecap Blvd. and Beach Access Road 4. IV. SPEED LIMITS A. No person shall operate or cause to be operated any motor vehicle at a speed in excess of fifteen (15) miles per hour upon the beach section(s) within the incorporated city limits of the City of Corpus Christi. B. No person shall operate or cause to be operated any motor vehicle at a speed in excess of twenty (20) miles per hour upon any portion of Windward Drive between S. Bartholomew Drive and Whitecap Boulevard. 931482889.831.8k 08-11-93 54 C. Operation of a vehicle within the above stated area at a rate of speed in excess of fifteen (15) miles per hour shall constitute an offense. V. PARKING A. The City Council of the City of Corpus Christi is authorized to regulate traffic by the Texas Natural Resources Code, Section 61.129 and the City of Corpus Christi Code of Ordinances, Chapter 53 - Traffic, and to require beach parking permits to be displayed on a motor vehicle parked upon any portion of the Gulf Beach within the incorporated city limits of the City of Corpus Christi. B. It shall be an offense for a person to park or leave standing, either attended or unattended, a motor vehicle upon any portion of the Gulf Beach within the incorporated city limits of the City of Corpus Christi where sign -posted with conspicuous regulatory signage requiring display of a beach parking permit without having placed a current beach parking permit as described above. C. It shall be an offense for any vehicle to be parked within twenty-five (25) feet of the water's edge or within 10 -feet of any sand dune (including coppice mound area), or as otherwise directed by signage conspicuously sign -posted on any Gulf Beach located within the incorporated city limits of the City of Corpus Christi. D. It shall be on offense for any vehicle to be parked within thirty (30) feet of a manned lifeguard station. E. It shall be an offense for any person to park or place any vehicle, trailer, travel -trailer, tent, umbrella, surfboard or other object on any portion of the beach which, when so parked or placed in conjunction with any other vehicle, trailer, travel - trailer, tent, umbrella, surfboard or other object, interferes with or obstructs vehicular or pedestrian traffic on any portion of the -main traveled roadway or beach access way, or which shall constitute a restraint, barrier or obstruction so as to interfere with the rights of the public, individually or collectively, to the free and unrestricted use of the beach. F. Nothing in this section shall serve to limit the authority of a police or peace officer to limit pedestrian or vehicular access due to special occasions that may occur on the Gulf Beach. These special occasions may include, but will not be limited to the following: 938H2889.B31.ak 08-11-93 55 1. Large crowds (anticipated or existing); 2. Environmental emergencies; 3. Public safety emergencies; and 4. Traffic control emergencies. G. The parking of a vehicle within stated areas, or in violation of the terms expressed herein, whether by signage or on-site instruction by police or peace officer(s), shall constitute an offense. VL PEDESTRIAN CROSSINGS A. The City of Corpus Christi, or its designee, may place signs stating "STOP FOR PEDESTRIANS" facing the direction from which traffic is authorized to travel. B. Such signs shall be placed in a manner to regulate the flow of traffic so as to allow the safe passage of pedestrian traffic across the area of Gulf Beach intended as the main traveled roadway. C. It shall be an offense for the operator of any motor vehicle to fail to come to a complete stop or to slow to an appropriate approach speed when a pedestrian is within the immediate area of said signage stating "STOP FOR PEDESTRIANS", and attempting to cross the traveled portion of the Gulf Beach. Said signs to be placed by authority granted within the City of Corpus Christi's Code of Ordinances, Chapter 53 - Traffic. D. Pedestrians shall have the right-of-way and vehicles shall stop or slow to an appropriate approach speed to allow pedestrians to cross to and from the beach. VII. REGULATION OF VEHICULAR ACCESS TO AND VEHICULAR OPERATION WITHIN THE GULF BEACH SEAWALL AREA. In the Seawall Area, as defined herein, the following vehicular control regulations have been found necessary for the safety of the users of the Gulf Beach seaward of the Seawall. A. No vehicular traffic, or parking of vehicles, other than that identified in Section III.E.1: VEHICULAR OPERATION, shall be permitted on any portion of the Gulf Beach seaward of the Seawall Area. Vehicular traffic approaching the seawall area shall detour from the Gulf Beach by way of Beach Access Road #3-A, St. Bartholomew Drive, Windward Drive (or Leeward Drive) and Whitecap Boulevard. The areas of the Gulf Beach Seawall Area upon which vehicular traffic is prohibited shall be conspicuously sign -posted by the City with "VEHICULAR ACCESS PROHIBITED/DO NOT ENTER" or other appropriate signage with the 93NH2889.831.ak 08-11-93 56 permitted direction of traffic clearly delineated by additional signage. B. Vehicular traffic on the Gulf Beach area within the incorporated city limits of the City of Corpus Christi, other than the previously described section of the Gulf Beach Seawall Area, shall be one-way only in a southerly direction from Whitecap Boulevard south to Beach Access Road 4. C. It shall be an offense for any person, firm or corporation to operate a motor vehicle along the Gulf Beach in any manner other than specified in items A and B above. D. Motorists desiring to access the Gulf Beach Seawall Area shall park at any one of the following locations: 1. Upon permitted vehicular parking areas of the Gulf Beach immediately north of Beach Access Road #3-A; 2. Along the east and west curblines of Windward Drive between St. Bartholomew Avenue and Whitecap Boulevard; 3. Along the north and south curblines of the connecting roadways between Windward Drive and Leeward Drive from St. Bartholomew Avenue to Whitecap Boulevard; and 4. Upon permitted vehicular parking areas of the Gulf Beach at the end of and immediately south of Whitecap Boulevard. VIII. AUTHORIZED AND EMERGENCY VEHICLES The prohibitions in this section do not apply to an authorized emergency vehicle, beach patrol, police, safety, or maintenance vehicle operating within the scope of official duties. SECTION 2. That the Dune Protection and Beach Access Plan hereby establishes the City's policies for growth, development, and aesthetics for the area described by said plan, a portion of the master and general plan of the City. SECTION 3. 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 clause, phrase, word or provision of this Ordinance for it is the definite intent 93NH2889.831.ak 08-11-93 57 of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. 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. 93NH2889.B31.ak 08-11-93 That the foregoing ordinance was read for the first/time and passed to is second reading on this the ,27 day of t 19 (0 , by the following vote: n A Mary Rhodes LKaP n / Edward A. Martin ^f% Jack Best itip Melody Cooper (i.j Cezar Galindo P�', Betty Jean Longoria ) Dr. David McNichols X02 David Noyola f /0 Clif Moss 01/ That the foregoing ordinances read for the econd:gime and pas 19 finally on this the �� day of , by the following vote: QO Mary Rhodes Edward A. Martin Jack Best 1L Dr. David McNichols Melody Cooper Cezar Galindo Betty Jean Longoria David Noyola Clif Moss A �Sgp AND APPROVED, this the ID day of111 5 19 ATTEST: tt�MAYOR THE CI O CORPUS CHRISTI APPROVED: 7j,DAY OF , 19 7 JAMES R. BRAY, JR., CIT TTORNEY By� sistant City A ity Secreta \forms\044 021721 .,.! Texas General Land Office Garry Mauro, Commissioner August 18, 1993 Mr. Juan Garza City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Garza: Stephen F. Austin Building 1700 North Congress Avenue Austin, Texas 78701-1495 (512) 463-5001 Sally S. Davenport Associate Deputy Commissioner Resource and Asset Management (512) 463-5059 Fax (512) 475-0680 This letter is sent to notify you that the General Land Office received the Dune Protection/Beach Access Plan (plan) submitted by the City of Corpus Christi on August 16, 1993. As you know, the Land Commissioner must review the plan to determine whether it complies with the policies of the Open Beaches Act and the Dune Protection Act and the rules adopted thereunder. Within 60 days after the date of receipt, the commissioner will adopt a rule certifying that the plan complies with state law or will deny certification. If certification is denied, the commissioner will return the plan to the city with a statement of specific reasons for denial and a list of suggested modifications. We appreciate the city's efforts in developing a plan for the protection of dunes and the preservation and enhancement of public beach use and access. My staff and I look forward to reviewing the city's plan, and we will contact you with any questions that arise during the review process. Please contact me if I may be of further assistance. sincerely, y S Davenport Associa Deputy Commissioner Resource and Asset Management SSD/AKW/mp cc: Mr. Ken Cross cG�4rsP;*ag' 6y r (A (, 4* u.d-c- PUBLISHER'8 AFFIDAVIT CD 4 -- State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 76122 PO# Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021721 AN ORDINANCE APPROVING THE DUNE PROTECTION AND BEACH ACCESS PLAN FOR ADOPTION which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 16th day(s) of August, 1993. One Time(s) $ 38.40 Business Office Secretary Subscribed and sworn to before me this 16th day of September, 1993. S2&i �I /LL22C Notary Public, Nueces Cfjunty, Texas AQRIANA C. AGUIRRE Notary Public State of Texas My Comm. Exp. 7-13-95 AND GULA- ANCE ANCE TE AS ACT. THE ACT A PLAN - ATI TIM IS; S T.,._...,.....: __ RECON PON AND REPAIR OF mama AND STRUCTURES WITHIN THE BEACHFRONT CON- STRUCTION AND ' DUNE TIPRONGTTHHE. ,AL TSM1iIQqs�t OF DUNES; PROVIDN� FOR TELT ON OFPEDIMMITS PRO - AND BEACHFRONT CONSTRUC- TION CERTIFICATES AND FOR THEAPPROVALOF ICAC $ D Y THE PLANNING PROVIDING MUSTER �PLANNEDvDDEEVEL-L- OPMENTS WITHIN THE "+ws, 1 NT, Frit.PENALTIES PDR VIOLATION OF ANY OF THE PROVISIONS OF THE ORDI- NANCE, FOR FUTURE CHANGES AND AMEND- MENTS TO THE ORM AMIMS ND DEFINIPiG AND WORDS M THE ORDINANCE; ...__._ IMG FOR RODEFa M ; A PUBLISHER'8 AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD/ 17177 PO# Zit w CD -J Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021721 AN ORDINANCE APPROVING THE DUNE PROTECTION AND BEACH ACCESS PLAN FOR ADOPTION which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 17th day(s) of August, 1993. One Time(s) $ 38.40 1 Business Offic Secretary Subscribed and sworn to before me this 31st day of August, 1993. Notary Public, Nueces County, Texas ?Si111i-1yI•I %j Corpus Christi Caller•Time® Legal Notices ILIO NOTICE OF ORVIN y AN ORDINANCE' ,- ne THE DUNE PROT •' ND BEACH ACCESS PLAN FOR ADOPTION AS AN ELEMENT OF THE CITY OF CORPUS til CHRISTI COMPREHENSIVE ▪ PLAN; ESTABLISHING CITY'S to DEVELOPMENT OBJECTIVES, POLICIES, AND PROGRAMS • FOR AFFECTED AREAS ON ce MUSTANG AND PADRE IS- to LANDS;. PROVIDING FOR SEVERANCE; AND PROVID- he ING FOR PUBLICATION. In The ordinance was passed vial on second end final, reading tlsl by the City Council of the the City of Corpus Christi on the tea 10th day of August, 1993. ene /s/ Armando Chaps -ide City Secretary nyl City of Corpus Christi as NOTICE OF SALE Wu- . STATr nt+cu.,.