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HomeMy WebLinkAbout022165 ORD - 02/28/199595NH2850.4kx.njh(aar) 2-21-95 CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH ACCESS PLAN FEBRUARY 21, 1995 022165 AN ORDINANCE AMENDING THE DUNE PROTECTION AND BEACH ACCESS PLAN, AN ELEMENT OF THE CITY OF CORPUS CHRISTI COMPREHENSIVE PLAN; AMENDING THE 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, public hearings were held on Wednesday, November 30, 1994 and February 8, 1995, during meetings of the Planning Commission and on Tuesday, December 13, 1994 and February 21, 1995, during meetings 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; WHEREAS, an additional three public meetings, jointly hosted by the City of Corpus Christi and Nueces County at which representatives of the General Land Office and the Office of the Attorney General were present, were held on January 5, 1995 and January 7, 1995 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 amended the Dune Protection and Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, by amending the City's development objectives, policies, programs, and transportation network for affected areas on Mustang and Padre Islands as follows: DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan I. INTRODUCTION II. POLICY STATEMENTS 95NH2850.4kx.njh(aar) 2-21-95 t TABLE OF CONTENTS @22165 III. DEFINITIONS IV. DUNE PROTECTION PLAN V. BEACH ACCESS PLAN Appendix A - Dune Protection Line (Description) (Reserved) Appendix B - Justification of Dune Protection Line in Vicinity of North Padre Island Seawall 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 is proposed to become part of the federal coastal zone management program. Requirements issued by the General Land Office which became effective February 17, 1993, require 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. 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 §§ 15.1-15.10. Local government plans and programs are required by state law and General Land Office rules 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) dune protection regulations and 2) beach access regulations. Dune protection authority is required of Counties but can be delegated to Cities, as is generally the case. In addition to these minimum requirements the City of Corpus Christi has formulated two corresponding plans which are integrated within this Dune Protection and Beach Access Plan, together comprising an element of the City's Comprehensive Plan. A companion document, City Code of Ordinances, Chapter 10, Beachfront Management and Construction (hereafter titled "Dune Protection and Beach Access Regulations"), provides the state required regulatory program, or means, by which the Dune Protection and Beach Access Plan is implemented. 95NH2850.41oinjh(aar) 2-21-95 1 SAN PATRICIO COUNTY ARANSAS COUNT ARANSAS CO. re, Cm: ro• PY:Inn:n LeeuC� c ORPUS celnrr Su �Y9si F‘ O. GULF OF MEXICO MUSTANG ISLAND STATE PARK GULF BEACH SEAWALL C L i O 1 v_ OWN e > tern ,N MILES 2-9-95 INSIDE CORPUS CHRISTI CITY LIMITS INSIDE CORPUS CHRISTI ET.J. INSIDE PORT ARANSAS CITY LIMITS AND ET J. 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 implementation of the City's Dune Protection and Beach Access Plan. However, if the guidelines within the Manual conflict with state law, state regulations, or City ordinance, state law and regulations and City ordinances 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 process when the activity requires both. In addition, the General Land Office rules require that local governments incorporate and attach the following state laws and regulations into their plans: 1. 31 TAC §§ 15.1-15.10; 2. V.T.C.A., Natural Resources Code, Chapter 63 ("Dune Protection Act"); and 3. V.T.C.A., Natural Resources Code, Chapter 61 ("Open Beaches Act"). These state laws are included in Appendices XI, XII and XIII, respectively, of the regulatory document, Dune Protection and Beach Access Regulations. II. POLICY STATEMENTS A. GENERAL POLICIES 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 31 TAC Chapter 15, Coastal Area Planning, for the management and regulation of human impacts on the beach/dune system. These general 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. 95NH2850.4kx.njh(aar) 2-21-95 r 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. B. LOCAL ACTION POLICIES 1. The City of Corpus Christi will pursue park dedication as required through the Platting Ordinance for unplatted areas and those areas which have platted properties and the park dedication commitment has not been fulfilled. Parkland dedication will be accepted in land, money -in -lieu -of - land, or any appropriate combination emphasizing public parking and access to the beach. 95NH2850.4kx.njh(aar) 2-21-95 6 2. The City will actively support the establishment of the Dune Protection Line at the easternmost line of the North Padre Island Seawall. 3. The City will actively seek funding through the General Land Office, other federal and state agencies, and other public sources to purchase and develop an area landward of the Seawall to provide a minimum of 300 public parking spaces. Subsequent to purchase and development of the parking area landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purposes. 4. The City will actively seek funding through the General Land Office, other federal and state agencies and other public sources for the purchase and development of off -beach parking and six beach access parks within the area between the Mustang Island State Park and the Port Aransas City Limits and east of S.H. 361. 5. The City recommends that Nueces County establish a definitive policy to temporarily prohibit vehicular movement on the beach to protect beach users in the area seaward of the Seawall. Specifically, the City recommends that a safety corridor be established between the bottom of the Seawall and the waters edge of a minimum 75 foot width or vehicular traffic will be prohibited from driving on the beach at the Seawall. 6. In order to increase access to the beach seaward of the Seawall, the City will aggressively pursue the permanent dedication of Beach Access Road No. 3-A and the two existing private pedestrian walkways currently owned by private interests. 7. The City will request the General Land Office and the Texas Parks and Wildlife Department to provide public access points at a minimum of one mile intervals within any lands controlled by State agencies which are located adjacent to the Gulf Beach. The City will encourage the GLO and the TPWD to provide additional recreational vehicle sites within State lands on Padre and Mustang Islands. The City will request the Department of Interior to provide public access points at a minimum of one mile intervals within any lands controlled by the federal government which are located adjacent to the Gulf Beach. The City will encourage the Department of Interior and National Park Service to provide additional recreational vehicle sites within federal lands on Padre and Mustang Islands. 8. The City encourages the retention of access to the public beach through the means of private easements to accommodate all property between S.H. 361 and the public beach should current beach access be restricted through future sub -division of these properties. 9. Where the developer is proposing public roadways, the City will encourage the use of paralleling roadways and alternative street standards included in the Plan. Additional issue -specific policy statements are included within the respective policy statement sections of this Dune Protection and Beach Access Plan. III. DEFINITIONS 95NH2850.4kx.njh(aar) 2-21.95 T 7 To optimize consistency with state law, applicable definitions from Title 31, Chapter 15 of the Texas Administrative Code are incorporated as part of this Plan and are included below. Several of these definitions are illustrated in Figure 2 - Typical Cross -Section of a Barrier Island. Affect - As used in these regulations regarding dunes, dune vegetation, and the public beach, "affect" means to produce an effect upon dunes, dune vegetation, or public beach use and access. Amenities - Any nonhabitable major structures including swimming pools, bathhouses, detached garages, cabanas, pipelines, piers, canals, lakes, ditches, artificial runoff channels and other water retention structures, roads, streets, highways, parking areas and other paved areas (exceeding 144 square feet in area), underground storage tanks, and similar structures. Applicant - Any person applying to the City of Corpus Christi for a permit and/or certificate for any construction or development plan. 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. Beachfront Construction Certificate or certificate - The document issued by the City of Corpus Christi that certifies that the proposed construction either is consistent with the City's dune protection and beach access regulations or is inconsistent with the City's dune protection and beach access regulations. In the latter case, the City must specify how the construction is inconsistent with the regulations, as required by the Open Beaches Act, § 61.015. Beach maintenance - The cleaning or removal of debris from the beach by handpicking, raking, or mechanical means. Beach profile - The shape and elevation of the beach as determined by surveying a cross section of the beach. Beach -related services - Reasonable and necessary services and facilities directly related to the public beach which are provided to the public to ensure safe use of and access to and from the public beach, such as vehicular controls, management, and parking (including acquisition and maintenance of off - beach parking and access ways); sanitation and litter control; lifeguarding and lifesaving; beach maintenance; law enforcement; beach nourishment projects; beach/dune system education; beach/dune protection and restoration projects; providing public facilities such as restrooms, showers, lockers, equipment, rentals, and picnic areas; recreational and refreshment facilities; liability insurance; and staff and personnel necessary to provide beach -related services. Beach -related services and facilities shall serve only those areas on or immediately adjacent to the public beach. 95N1-12850.4kx.njh(eer) 2-2495 Z 0 Z U W Q W col cc N (n W LIJ CC O Cc CC Cc L < m U Q E L- > -O F- (Mustang/Padre Island) a) 9 N 0 0 O O LL X J W M 2 0 ¢ ¢ W W CO m W F Q O� Ir UU ¢¢ W WW Y UT ¢ CC0 m❑ W ¢� ¢ m LL — Z J w H ❑ LL ¢ cc w J W_ - Q Y W ¢UZ ¢¢0 OD m ❑ LI co ¢ ❑ J Z LL ¢ ❑ -I Z ¢ W GO W GO - ¢ ¢ ¢ J LL DUNE PROTECTION LINE \ F FIGURE 3 BEACH/DUNE SYSTEM 2-9-95 DUNE PROTECTION ZONE 1,000ft. LANDWARD OF M. H. T. PUBLIC BEACH LINE OF VEGETATION 10 Beach user fee - A fee collected by the City or its designee in order to establish and maintain beach - related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of public beaches by the public. 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. Commission - City of Corpus Christi Planning Commission. Concurrent Beach/Dune Committee - City of Corpus Christi Planning Commission. 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 95NH2850.4kx.njh(aar) 2-21-95 r r 11 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. Cumulative impact - The effect on beach use and access, on a critical dune area, or an area seaward of the Dune Protection Line which results from the incremental effect of an action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time. Dedication - Includes but is not limited to, 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 ridge of sand, either bare or vegetated, located on land bordering the waters of the Gulf of Mexico. Dunes are naturally formed by the windward transport of sediment, but can also be created via man-made vegetated mounds. Natural dunes are usually found adjacent to the uppermost limit of wave action and are marked by an abrupt change in slope landward of the dry beach. The term includes coppice mounds, foredunes, dunes comprising the foredune ridge, backdunes, swales, and man-made vegetated mounds. 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 Protection Act - Texas Natural Resources Code, §63.001, et seq. Dune protection and beach access regulations or regulations - The City of Corpus Christi's legally enforceable program, policies, and procedures for protecting dunes and dune vegetation and for preserving and enhancing use of and access to and from public beaches, as required by the Dune Protection Act and the Open Beaches Act. Dune Protection Line - A line established by a county commissioner's court or the governing body of a municipality for the purpose of preserving, at a minimum, all critical dune areas identified by the General Land Office pursuant to the Dune Protection Act, Texas Natural Resources Code, §63.011, and 31 TAC §15.3(f). The City is not authorized to establish a Dune Protection Line unless the authority to do so has been delegated to the City by the county in which the City and its extraterritorial jurisdiction is located. Such lines will be located no farther than 1,000 feet landward of the mean high tide of the Gulf of Mexico. Dune Protection Permit or permit - The document issued by the City to authorize construction or other regulated activities in a specified location seaward of a Dune Protection Line or within a critical dune area, as provided in the Texas Natural Resources Code, §63.051. Dune vegetation - Flora indigenous to and growing on critical dunes. Dune vegetation can include coastal grasses and herbaceous and woody plants. 95NH2850.4kx.njh(aar) 2-21-95 1 12 Effect or effects - "Effects" include: direct effects - those impacts on public beach use and access, on critical dune areas, or on dunes and dune vegetation seaward of a Dune Protection Line which are caused by the action and occur at the same time and place; and indirect effects -those impacts on beach use and access, on critical dune areas, or on dunes and dune vegetation seaward of a Dune Protection Line which are caused by an action and are later in time or farther removed in distance than a direct effect, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems. "Effects" and "impacts" as used in these regulations are synonymous. "Effects" may be ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health, whether direct, indirect, or cumulative. Eroding Area - A portion of the shoreline which is experiencing an historical erosion rate of greater than two feet per year based on published data of the University of Texas at Austin, Bureau of Economic Geology. Erosion Area Line - An imaginary line projected landward from the vegetation line into the future for a period of 60 years based on annual historical erosion rates determined by the University of Texas, Bureau of Economic Geology or 200 feet whichever is greater. Erosion Area Restriction Line - An imaginary line which coincides with the concrete and wooden portions of the North Padre Island Seawall. 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. This agency administers the National Flood Insurance Program and publishes the official flood insurance rate maps. 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. 95NH2850.4kxnjh(aar) 2-21-95 l -r 13 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. Habitable structures - Structures suitable for human habitation including, but not limited to, single or multi -family residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartments, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements. 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 these regulations, 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 these 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. Large-scale construction - Construction activity greater than 5,000 square feet in ground area and structures greater than two habitable stories in height. Multiple -family habitable structures are typical of this type of construction. Local government - A municipality, county, any special purpose district, any unit of government, or any other political subdivision of the state. Main -traveled roadway - That portion of the public beach in the street right-of-way, between 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. Mitigation sequence - The series of steps which must be taken if dunes and dune vegetation will be adversely affected. First, such adverse effects shall be avoided. Second, adverse effects shall be minimized. Third, the dunes and dune vegetation adversely affected shall be repaired, restored, or replaced. Fourth, the dunes and dune vegetation adversely affected shall be replaced or substituted to compensate for the adverse effects. Motor vehicle or vehicle - A vehicle as defined by the Texas Uniform Traffic Act, Art. 6701 d, Texas Revised Civil Statutes Annotated. 95NH2850.4kx.njh(aar) 2-21-95 a r 14 National Flood Insurance Act - 42 United States Code, § 4001, et seq. Natural resources - Land, fish, wildlife, insects, biota, air, surface water, groundwater, plants, trees, habitat of flora and fauna, and other such resources. Non-exempt pipelines - Pipelines other than those subject to the exemption in state law and the beach/dune rules. Open Beaches Act - Texas Natural Resources Code, §§ 61.001, et seq. Owner or operator - Any person owning, operating, or responsible for operating commercial or industrial facilities. Permit or certificate condition - A requirement or restriction in a permit or certificate necessary to assure protection of life, natural resources, property, and adequate beach use and access rights (consistent with the Dune Protection Act) which a permittee must satisfy in order to be in compliance with the permit or certificate. Permittee - Any person authorized to act under a permit or a certificate issued by the City. Person - An individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States Government, a 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. Practicable - In determining what is practicable, the city council shall consider the effectiveness, scientific feasibility, and commercial availability of the technology or technique. The city council shall also consider the cost of the technology or technique. 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 to which the 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. This definition does not include a beach that is not accessible by a public road or ferry as provided in §61.021 of the Texas Natural Resources Code. 95NH2850.4kx.njh(aar) 2-21-95 15 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. Recreational vehicle - A dune buggy, marsh buggy, minibike, trail bike, jeep, or any other mechanized vehicle used for recreational purposes. Restoration - The process of constructing man-made vegetated mounds, repairing damaged dunes, or vegetating existing dunes. 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. Small-scale construction - Construction activity less than or equal to 5,000 square feet in ground area and structures less than or equal to two habitable stories in height. Single-family habitable structures are typical of this type of construction. 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 - Means roadways and 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. Vegetation line - 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 §61.016 and §61.017, Texas Natural Resources Code. 95NH2850.4kx.njh(eu) 2-21-95 T- 16 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. Waters Edge - An imaginary line running parallel to the beach through the point of Gulf water reaching most landward at the time and place in question. IV. DUNE PROTECTION PLAN A. PURPOSE State law requires all counties, or cities delegated authority by counties, 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. 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, upon delegation by Nueces County and as delegated by Kleberg County, the City of Corpus Christi may establish the Dune Protection Line for applicable areas included within its corporate limits and its extraterritorial jurisdiction (ETJ) 95NH2850.4kx.njh(aar) 2-21-95 T 1 17 on Mustang and Padre Islands (Figure 1). The City's ETJ lies in both Nueces and Kleberg Counties while the City limits currently are wholly within Nueces County. The City has been authorized to establish a Dune Protection Line in Kleberg County and has requested such authority from Nueces County. 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 established by the City of Corpus Christi, in the City's ETJ in Kleberg County and is effective for Nueces County upon delegation. As illustrated, this 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 North Padre Island Seawall ("Seawall"). The Dune Protection Line in this area is graphically illustrated in Figure 4. More generally, the area landward of the seawall is not included within the dune protection area. Appendix A contains a detailed description of the Dune Protection Line for this area. 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 Seawall do not meet the following criteria for critical dunes (See Appendix B for a more detailed justification for establishing dune protection line in the area seaward of the concrete and wooden seawall.): a. sand does not return to beach; b. isolated area does not contribute to dunes systems tonorth 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 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 by Nueces County and the General Land Office regarding dune protection and must meet the current requirements for dune protection and beachfront construction. The Padre Isles development 95NH2850.4kx.njh(aar) 2-21-95 r r 1 r GULF OF MEXICO 19 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. For the reasons stated above and further explained in Appendix B, the man-made dunes west of the concrete seawall are not "critical dunes" for numerous reasons. Some man-made dunes may meet the technical definition of critical dunes, therefore, for the purposes of this Plan, development seaward of the Dune Protection Line will be subject to dune protection review. C. DUNE PROTECTION PERMIT The Dune Protection Line serves to identify dunes seaward of the line as "critical dune areas" as defined by state law. Its placement determines where an applicant proposing 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 and its extraterritorial jurisdiction within Kleberg County. Authorization for this permit process within Nueces County is dependent upon delegation of dune protection authority by Nueces County. Because of 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 and 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 "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 include avoidance, minimization, mitigation, and compensation and are addressed in detail in the Dune Protection and Beach Access Regulations. 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: 95NH2850.4kx.njh(aar) 2-21-95 1 20 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); 3) a detailed description of the 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: Beach Access Plan and Design Standards); 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 ofjurisdiction. 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 for beach access 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 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 95NH2850.4kx.njh(aar) 2-21-95 T T 22 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. The City is requesting the State and Federal agencies controlling beachfront property to provide enhanced access and parking facilities. 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. Areas which are experiencing erosion of the shoreline stand additional concern as any structures located in these areas will be at the highest risk of damage in the shortest time period. Under rules established by the General Land Office, which are applicable to both beach access and dune protection review procedures, construction in the eroding areas must be responsive to the risk of erosion in the future. Utilizing erosion data provided by the Bureau of Economic Geology, an erosion area boundary has been identified which projects potential erosion 60 years into the future. Figure 5. Within this area additional construction standards will apply. These standards are included within the Dune Protection and Beach Access Regulations. This erosion area boundary is also consistent with FEMA's 60 year shoreline erosion projection. D. EXISTING BEACH ACCESS Approximately 24.7 miles of public beach is within the city limits and extraterritorial jurisdiction of the City. Currently, seven vehicular roads provide public access to the 14.7 miles of public beach within the City of Corpus Christi's area of control with 3 additional beach access roads located within the State and National parks. An additional 10 miles of beach are in either the exempted areas of the Mustang Island State Park or the Padre Island National Seashore. 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 six beach access roads within the City of Corpus Christi's area of control are concentrated within a three mile area between Zahn Road and Beach Access Road # 6. This area includes the Seawall area and Nueces County's Padre Balli Park and J.P. Luby Youth Park. As noted above, three 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 beachfront construction and access regulations. The Mustang Island State Park entrance road provides the only vehicular access to the two mile long public beach between Fish Pass south to the vehicular barrier located 0.3 miles north of Beach Access Road #3. 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. 95NH2850.4kx.njh(aar) 2-21-95 ACCESS SYSTEM 11) rn rn N 24 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 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 barricaded vehicular -free area exists immediately adjacent to the shoreline between Whitecap Blvd. and Beach Access Road 4 for protected day use activities. Also, a barricaded parking area exists on a portion of the public beach between Padre Balli Park entrance road and Bob Hall Pier. Vehicular traffic is routed immediately landward of both of these areas and on the public beach. E. BEACH ACCESS POLICIES, OBJECTIVES AND FINDINGS 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. Park dedication, when required as a function of platting, will be utilized as much as possible to achieve the public beach access and public parking for beach users' vehicles. 2. The public beach frontage extends some 24.7 miles in the current City limits and extra territorial jurisdiction. Of this 77.8% (19.2 miles) is currently or expected to become publicly controlled (City, County, State or Federal owned). It is an objective to maximize publicly controlled land to meet public objectives to provide safe and convenient access and parking for beach users. 3. 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. 4 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. 95NH2850.4kx.njh(aar) 2-21-95 r 25 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, public pedestrian access ways are no farther apart than 1/2 mile. This minimum spacing may be reduced based on factors such as existing beach access roads, dune formations, washouts, breaches, blowouts, wetlands, platting, blockage of ownership, and existing development. However, each ingress/egress access way for pedestrians shall be based on the minimum 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. 5. It is an objective to provide public restrooms, showers, drinking water fountains, and other such amenities at locations where the highest beach use occurs. 6. In addition to providing both vehicular and pedestrian access to the beach, protected pedestrian and be2rh user areas should be provided on the beach. The purpose of the protected areas is to separate vehicular traffic from pedestrian and beach user areas while also providing through movement of traffic. 7. It is an objective to provide oversize parking stalls to accommodate oversize vehicles whenever public parking areas are provided. 8. The City shall not abandon, relinquish, or convey 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 provided. 9. The City has determined it is the public's desire to provide the planning for and acquisition of off -beach public parking as soon as possible in order to enhance public beach access and to insure public land ownership and access along the Gulf beach. The public's desire is to have in place sufficient facilities to allow for prohibiting vehicle movement on the beach in the future should it become necessary. Such provision is determined to serve park/recreation objectives at the local and state levels. F. BEACH ACCESS PLAN AND DESIGN STANDARDS The primary objective of any plan is to assess existing conditions and needs, provide a vision of the future based on realistic 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 and flexible plan to satisfy existing problems and anticipated future needs of assuring adequate access to the public beach. 95NH2850.4kx.njh(aar) 2-21-95 T 26 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 including beach erosion. Based on the above objectives, this Beach Access Plan is designed to satisfy existing and future needs in assuring adequate access to the public beach. The selection of the most appropriate public beach access improvements are highly dependent on variables such as existing beach access roads, dune formations, washouts, breaches, blowouts, wetlands, platting, blockage of ownership, and existing and future development. 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 very 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 and the increased use of the public beach will create conflicts with vehicular and pedestrian movement. 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), Park Road 22, or additional public roadways constructed to preserve public beach access.An objective of this plan is the establishment, or maintenance, of sufficient beach access roads to insure that there shall be no greater distance than two miles between vehicular access roads within the City's jurisdiction. This equates to the need of one additional access road within the City's ETJ in Nueces County. 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 on property being acquired by the General Land Office. Figure 7. 1. Policy Statements: A. The City's beach access policy is to continue to allow vehicles on the beaches within the City's area of jurisdiction except where it is determined to be in the overall public safety interest to prohibit vehicles. B. The City, in concert with appropriate counties and the State, shall endeavor to provide additional beach access to insure that: 1) there will be no greater distance than two (2) miles between public vehicular access roads; and 95NH2850.4kx.njh(aar) 2-21-95 1 T IT 28 2) there will be no greater distance than one-half mile between public pedestrian beach access ways. 3) off -beach parking facilities are sufficient to meet the long term need for accommodating beach users' vehicles. C. 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. 2. Beach Access Plan The provision of beach access and off -beach parking is necessary to serve the State's long term requirements for beach use. Beach users come from throughout the State as well as from outside the State.The public has indicated the opinion that at some time in the future, the beaches must be cleared of vehicular traffic for safety reasons. Off -beach parking and access standards established by the State should be the standard for the Beach Access Plan. The General Land Office has indicated their willingness to assist in seeking funding to achieve off -beach public parking which is intended to serve users of the State-owned public beach. Figure 7. In order to meet state standards and public interests, plan items are: A. Off -beach parking to accommodate 300 parking spaces should be provided landward of the existing seawall. B. Six or more public access areas and 1,451 off -beach parking spaces should be developed to serve the area between the State Park and Port Aransas City Limits C. Existing and future publicly owned lands controlled by public agencies should provide beach access and off -beach parking supplemental to the City's Beach Access Plan with vehicle/pedestrian access roads approximately every two miles and pedestrian access every mile. Figure 8. 3. Design Standards for Beach Access Improvements Figures 8, 9, 10, and 11 illustrate various cross-sections of public roadways, parking areas, pedestrian walkways, and dune walkovers. These improvements should be provided when beach access needs arise and development occurs. This general strategy is considered financially and environmentally more feasible and practicable when compared to other more expensive and environmentally impactive beach access options. G. VEHICULAR CONTROL PLAN 95NH2850.4kx.njh(aar) 2-21-95 sa 24 m 0 c c 0 a 12 12 m 0 c 1- 0 24' FIGURE 8 CONCEPTUAL OFF -BEACH PUBLIC PARKING & BEACH ACCESSWAY NOTE Parking Concept may vary depending on variables such at existing and proposed development, ownership, platting,drainage,dune formations, wetlands,and existing beach access roads is Transition Area 24' ( �' ) 24' M1 24 a' Public Beach NOTE 180 Total parking spaces: 8 Handicapped or oversize spaces 172 Standard size (9x18) spaces Transition Area 8' Walkway 400' Dunes± 250' Beach± Mean High Tide Line 2-9-95 FIGURE 9 TYPICAL STREET SECTION FOR MODERATE AND HIGH DENSITY DEVELOPMENT (2/10') Lanes w/8' Parallel Bikeway/Pedestrian Ways and Drainage Swales CEMENT STABILIZED SAND BASE OR EQUIVALENT CHANNEL MARKER SEPARATION Drainage Swales 17' 10' 1a 8' Drainage Swales 17' 36' PAVING MINIMUM 70' R.O.W. TYPICAL STREET SECTION FOR LOW DENSITY RESIDENTIAL CEMENT STABILIZED SAND BASE OR EQUIVALENT 2-9-95 FIGURE 10 CROSS SECTION OF TYPICAL PUBLIC DUNE WALKOVER PRESSURE TREATED WOODEN WALKOVER 1 MINIMUM 1/2 TIMES WIDTH 4' MIN. LIGHT STANDARD ALSO SERVES AS SUPPORT FOR WALKOVER TO MINIMIZE DISTURBANCE TO DUNES. 8' MIN. Ca 2' MIN. DEPENDENT UPON ALIGNMENT OF DUNE WALKOVER 2-9-95 FIGURE 11 CROSS SECTION OF TYPICAL AT -GRADE PUBLIC PEDESTRIAN WALKWAY REBJFORCED CONCRETE BRUSH FINISH 6" THICK CEMERG. VEHICLE) 2-4' -. r I 4,4 ice 8' MIN. - 16' MAX 2-4' 20' MIN. T r 2-9-95 33 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. The following areas are public vehicular access ways, immediately abutting or within the incorporated city limits of the City of Corpus Christi, to and from the Gulf Beach. A. 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 Whitecap Boulevard. B. 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. C. Existing Vehicular Use of the Gulf Beach. The following traffic control regulations are presently in effect: Vehicular traffic operates as one-way in a southerly direction from the northernmost point of the seawall area to the intersection of the traveled portion of the Gulf Beach with Padre Balli Park entrance road. 2. The stopping, standing or parking of any motor vehicle is prohibited upon any section seaward of the Seawall from the northernmost point of the Seawall area to the southernmost point of the Seawall area immediately north of Whitecap Boulevard's intersection with the Gulf Beach. 95NH2850.4kx.njh(aar) 2-21-95 34 III. VEHICULAR MANAGEMENT TIES TO BEACH CONSTRUCTION MANAGEMENT, BEACH USER FEES, DUNE PROTECTION AND STATE RESPONSIBILITY A. Beachfront Construction Certification 1. The City's Beach Access Plan for access and parking will be implemented primarily through state, federal and local acquisition and development and supported through the Dune Protection and Beach Access Regulations and 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 Beach Access Plan section titled Geographic Scope and Authority, and in the City of Corpus Christi's Dune Protection and Beach Access Regulations. The City's issuance of Beachfront Construction Certificates will permit construction on land adjacent to the Gulf Beach consistent with the public's right to use and have access to and from the public beach. The City will issue both Beachfront Construction Certificates and Dune Protection Permits concurrently when a proposed activity requires both, as authorized. B. Beach User Fees Within the incorporated city limits, the City may require beach users to display beach parking permits on all vehicles parking on designated public beaches and in designated beach parking areas. The Beach Parking Permits shall be valid for off -beach parking and the fee charged shall be in accordance with the City's Interlocal Cooperation Agreements with adjoining counties and General Land Office requirements. C. Dune Protection This Vehicular Control Plan addresses dune protection as per restrictions specified in Dune Protection and Beach Access Regulations, with regard to prohibited travel of any vehicle upon a sand dune seaward of the dune protection line, and prohibited parking within any sand dune (including coppice mound area). 95NH2850.4kx.njh(aar) 2-21-95 APPENDICES 95NH2850.4kx.njh(ear) 2-21-95 a r 36 APPENDIX A AREA EXCLUDED FROM 1,000 FOOT DUNE PROTECTION AREA (Reserved) 95NH2850.4kx.njh(aar) 2-21-95 T 37 APPENDIX B JUSTIFICATION FOR ESTABLISHING DUNE PROTECTION LINE IN THE VICINITY OF NORTH PADRE ISLAND SEAWALL 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 portions 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. Protection from Storm Surge 95N112850.4kx.njh(aar) 2-21-95 38 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. 95NH2850.4kx.njh(aar) 2-21-95 1 r Timber Pile Bulkhead - El 14' BFE = 12' RR� Current Dune Protection Line Potential Relocation of Dune Protection and Beachfront Construction Lines Dunes of Concem Concrete Seawall - El 17-13' +-18" BFE = 14' (I SHINER, MOSELEY AND ASSOCIATES, INC. FIGURE B-1 Current Dune Protection Line J30062 Apri11993 T Wnhover Channels (WO) F ,I iti 4 :. 1 n i iP lig 1 AI A-1. 3 t' 1 Erosion Rates A rp H O V r V, .7.4.17, O 1 1 Short Tenn Esnknl (S7) ^ o a o .o -6.4 0 vi K h Y N I N N(V N' Storm Surge Base Flood Elevation Mean High Tide SHINER, MOSELEY AND AS�x7ATES, INC. a®INFIGURE B-3 Definition of Base Flood Elevation J30062 April 1993 s Sand T < Occasional Winds Sand Trapped, Not Returned to Beach Dunes SHINER MOSELEY AND ASSOCIATES, INC. FIGURE B-4 Sand Movement Past Seawall J30062 April 1993 43 SECTION 2. That this 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 competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision 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. 95NH2850.4kx.njh(aar) 2-21-95 T r 44 That the foregoing ordinance was read for the first time and passed to its second reading on this the 2j day of briAt vti , 19 Ojt-D by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria C.A That�Ihe foregoing ordinance of 19 Edward A. Martin Dr. David McNichols David Noyola Clif Moss read for the second time and passed finally on this the2S day by the following vote: Mary Rhodes It 3QI Edward A. Martin Dr. Jack Best Dr. David McNichols David Noyola Cezar Galindo Clif Moss Betty Jean Longoria Vim' p, Melody Cooper (,,jhattsf PASSED AND APPROVED, this the20 day of Lefr1915 AT ST: (0 '6: Armando Chapa, City Secretary MAYO THE CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM THIS 9TH DAY OF FEBRUARY, 1995: JAMES R. BRAY, JR., CITY ATTORNEY By: rbert J. Hart, Ass SLTS> ity ttorney 95NH2850.4kx.njh(aar) 2-21-95 022165 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 67376 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer 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, 022165 AMENDING THE CODE OF ORDINANCES. CITY OF CORPUS CHRISTI. BY AMENDING CHAPTER 10. which is the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 6TH day(s) of MARCH. 1995. ONE (1) Time(s) $ 108.80 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 16TH day of MARCH. 1995. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. leMoth e; 1996 FaTDE OP PASSAGE OF 1 C E MO. 02214115 AN1C*IG 11E CODE OF ORDINANCES, CRY OF COR- PUS CHRISTI, BY AMENDING CHAPTER 10, BEACHFRONT MANAGEMENT AND CON- STRUCTION, BY AMENDING PROVISIONS REGULATING THE ERECTION, CONSTRUC- TION, RECONSTRUCTION, ALTERATION, AND REPAIR OF BUILDINGS AND STRUC- TURES WITHIN THE BEACHFRONT CONSTRUC- TAN AND DUNE PRO- TECTION AREA; REGULAT- ING THE ALTERATION OF DUNES; PROVIDING FOR IS- SUANCE OF DUNE PROTEC- T1014 PERMITS AND BEACH- FRONT CONSTRUCTION CERTIFICATES AND FOR THE APPROVAL OF SUCH PER- MITS AND CERTIFICATES; PROVIDING FOR THE AP- PROVAL OF MASTER PLANNED DEVELOPMENTS WITHIN THE DUNE PROTEC- TION AND BEACHFRONT .. CONSTRUCTION AREA; REG- ULATING TRAFFIC; ESTABLISHING PUBLIC AC- CESS TO THE PUBLIC BEACHES; REGULATING USE OF THE PUBLIC BEACH AR- EA: ADOPTING MAPS SNOWING THE ACTUAL LO- CATION AND BOUNDARIES OF THE DUNE PROTECTION ANO BEACHFRONT CON- STRUCTION AREAS; PROVIDING FOR CERTAIN EXCEPTIONS, FOR ENFORCE--_- MENT, FOR PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS OF THE ORDI- NANCE, FOR FUTL'RE CHANGES AND AMEND- MENTS TO THE ORDINANCE, AND FINING THE VARIOUS AND WORDS USED W THE ORDINANCE; PRO- VIDING FOR SEVERANCE; M� PROVIDING FOR PUSUCATION. The ordinance was passed and approved by the City Council of the City of Corpus Christi on the 28th day M February, 1995. /a./ Armen* CAW* City at Capes Christi