HomeMy WebLinkAbout022165 ORD - 02/28/199595NH2850.4kx.njh(aar)
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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
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TABLE OF CONTENTS
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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.
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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.
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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.
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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
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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.
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FIGURE 3
BEACH/DUNE SYSTEM
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DUNE PROTECTION ZONE
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PUBLIC BEACH
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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
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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.
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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.
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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.
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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.
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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.
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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)
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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
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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:
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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)
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APPENDICES
95NH2850.4kx.njh(ear)
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a r
36
APPENDIX A
AREA EXCLUDED FROM 1,000 FOOT DUNE PROTECTION AREA
(Reserved)
95NH2850.4kx.njh(aar)
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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)
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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)
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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