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Home My WebLink About024686 ORD - 12/11/2001 AN ORDINANCE AMENDING CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH ACCESS PLAN, AN ELEMENT OF THE CITY OF CORPUS CHRISTI COMPREHENSIVE PLAN, BY ADOPTING A POLICY STATEMENT IN SUPPORT OF PACKERY CHANNEL, REVISING THE DEFINITION OF EROSION AREA LINE AND DESCRIPTION OF ERODING AREA BOUNDARY, AND BY REVISING FIGURE 5, WHICH ILLUSTRATES THE BEACHFRONT CONSTRUCTION LINE, EROSION AREA RESTRICTION LINE, EROSION AREA LINE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning amendments to the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7,2001, during a meeting of the Planning Commission and on Tuesday, November 20, 2001, during a meeting of the City Council, in the Council Chambers at City Hall, in the City of Corpus Christi, allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that this 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 Part II.B. of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is amended by adding a new policy statement to read as follows: "DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan "II. POLICY STATEMENTS . . . . . "B. LOCAL ACTION POLICIES . . . . * R12844A2.doc (. ., ... f)".6 . ., t5 \: '- ;..... r_ -......--y----' "..__."-'~"....,_. 'T-' 2 "10. The Citv will pursue reopeninQ and improvement of "Packerv Channel" for the purpose of providinQ a recreational boat pass and enhanced water exchanQe to the LaQuna Madre from the Gulf of Mexico (See FiQure 1.A). The proiect will provide Qreatlv improved recreational facilities. economic development potential on adiacent public and private lands. SiQnificantlv. the proiect will provide renourishment to the beach in front of the Seawall immediatelv and in the future from maintenance dredQinQ. (The proiect is officiallv a Federal action and known as the North Padre Island Storm DamaQe Reduction and Environmental Restoration Proiect.) The Packerv Channel Proiect. when completed, will provide a world-class multipurpose development unique to the Texas Coast with the potential to attract tourists from all over the state and nation. The proiect is consistent with John F. Kennedv Causewav Recreation Area Master Plan Studv adopted bv the Texas General Land Office in 1990." . . . . . SECTION 2. That the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is amended by adding a new Figure 1A, Packery Channel Design Concept, which is attached to and incorporated into this ordinance as Attachment A. SECTION 3. That the definition of "Erosion Area Line" in Part III, Definitions, of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is revised to read as follows: "DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan "III. DEFINITIONS '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 definition are illustrated in Figure 2 - Typical Cross-Section of a Barrier Island. . . . . . "Erosion Area kifle-Boundarv -- An imaginary line projected landward from the vegetation line into the future for a period of Sil(ty (139) fiftv (50) years based on annual historical erosion rates determined by the University of Texas, Bureau of Economic Geology or two hundred (200) feet whichever is greater. The erosion area boundary is svnonvmous with the 'erodinQ area line' as used in the Citv Of Corpus Christi. Texas Dune Protection And Beach Access ReQulations. as codified in Chapter 10, Beachfront ManaQement and Construction. of the Code of Ordinances." . . . . . R12844A2.doc _..-Y~-_.. ..-'-"--'-"-.' T 3 SECTION 4. That the third paragraph of Part V.C., Geographic Scope and Authority, of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is revised to read as follows: "DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan "V BEACH ACCESS PLAN * * * * * "C GEOGRAPHIC SCOPE AND AUTHORITY * * * * * "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 eG-50 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. Tt-lis arasian aFOa ealdneJary i~ al&o G0AE:istont \.Iith FE:Mf.'f: eO yoar E:h0rolina on~E:ion J:}rGjOGti0A." * * * * * SECTION 5. That Figure 5, Beachfront Construction Line, Erosion Area Restriction Line, Erosion Area Line, of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is amended by substituting the revised Figure 5, which is attached to and incorporated into this ordinance as Attachment B. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 7. 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. R12844A2.doc I . .. ~- r ... ,- --,...... That the foregoing ordinance was read for the first time and passed to its second reading on this the !l o"'day of n f.\l*-M lr.21.f:' ' 2001, by the following vote: lli Henry Garrett Bill Kelly That theloregoing ~n~nce wall_re;ad for the second time and passed finally on this the ~~ay of ---ill:'. (C /'YlUR2001 by the following vote: Samuel L. Neal, Jr. CtLf- ~ Rex A. Kinnison ~ Brent Chesney John Longoria I ril;}ay of '~"Je CQ AI)~L)2001. ~ Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Javier D. Colmenero Henry Garrett Bill Kelly PASSED AND APPROVED, this the ATTE~ Armando Chapa City Secretary APPROVED: 16th day of November, 2001: R12844A2.doc - _.,.,~_.. ,~.". ....~.._-...----' 4 Rex A. Kinnison John Longoria Jesse Noyola Mark Scott + Jesse Noyola Mark Scott ~~ ,J.:J;. -~ amuel L. N ai, Jr. Mayor ~ ,. '.' {) 6 ,'...' "" .J''''.r U -.J J~ ~ 1~ I I ~ - I - Exhibit for Coas1al Er13slon Planning and Response Act Texas Gener3.i Land Office FIGURE 1A II /( ~~H'::"') 1~1 E~ I f')[= :;r,\BIUL\TICf\1 -';H3E! i3R:~Ct:. f\IOF:T ;:DE 13E;\'.> C:>':"Rf\ ILI,JR(r' j,..IEhi"; i/~,nJF1AL 1r:>,i:;IT.o,.-l :iR~)I:iT\/,::'" 1'_'11 ~ilE::\ , \.~~ u1::iI-iT SUU<HECl..l' g ./ / , j '~ , , ..1/ ~ I :.Jj.[,PE .'1 ~...I.l_~ I, :';_;1' i/ ~ ,~,~ I' '/ c'"Docsed pr?ie~:':;omponents inciuding Packer}' Channel. beach ::Jarks, renounsned beach and habitat conservation areas. ATTACHMENT A ~. - " @~ " \~ '-;:, . , -' , '_... ~l @~ '-' , @~ 9. t. . @~ i \ @~ i5 ~ g @~ ~ t-I~ "I' c < o " ,< ~t I: Il,:,~.;., '.. i: I:f,,",,>- @~ : @~ '" UJ a: ~ '" u:: : @~ . . @~ ~ :: ~!.. '~~::: ". :::::; 0 0_. ~ "". @~ ~ :; i . It ~ t;; >- w I ~ ~ & , . "" ~ ~;i3 i5 I '" u u ~ : ~ i @ I .. :00 <.'l '00 :i I I: ! 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" ~ ~ ~ o. ~~ ~@~ ~ ATTACHMENT B .' ~ ~i\W~\;\ \ t.uellr ~,,\~\~C.~ ..,.\\1. {\\ '~~ ,.' ~ \ ~tc' 1.\\ State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } } ss: CITY OF CORPUS CHRISTI Ad # 4037009 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 17TH day(s) of D1CMCotSIlaChrilli C...er-1";mes, Monday, December 17, 2001 ~ I 02488e Ordlnano 4 .mendlng lhe City CorpU. Chrlll!l, T.... Dune Protectton and Beac:l1Accoaa PIon, 811 ef8ment of' the CItv of COrpl.l8 ,C:hrfsti bComprado- P!elt..-.o y . pting. polloy ./, '. ., I ^ -.;,. ' st:atementJn !iOPPOrtiOf ,,~" --', ,.-, PI. ~'" "'~ Packery Channel,' "i P ()...o ~ revising thedeflnffion,:\?-'fJ.. VI:J( '{(<; "- of "8C08ion area i1ne., ~o .:_, '~r, tJ' \. and d.escrIPtlon, of, '~~ I .l<>dIng....bounde". '" I end by r.vlifng FIgure ~ ,.....f~i '" '" 1 5, which illustriteli the' ......"'.. l.J.ft "'~ ~ l b.eac,hfront 1" ~'l construction line, Q' "'\.f:("- / ~roalon area restriction, -~00; \:,,'! 11n8, and erosion area ",. )_,'~,,4' ,Une. This' ordinance . ',~ - , i was passed and _lid by the Clly Council of the ctty of Corpus Chrllll on ~11,2001. Is! Armando Chepa CIly~ry CIty 0/ Corpuo C/1risti DECEMBER, 2001. TWO (2 ) Time(s) ~ . 01/'&. No. 06Z-~ 0 10 h-'~ n -:> ~~ ~dit Customer Service Manager Subscribed and sworn to me on the date of DECEMBER 18,2001. c;?wa. ~ ~4tct2fA.J Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05.