HomeMy WebLinkAbout026716 ORD - 03/28/2006ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION,
REGARDING THE ELIMINATION OF VEHICULAR TRAFFIC ON THE
BEACH SEAWARD OF THE PADRE ISLAND SEAWALL AND
BETWEEN PACKERY CHANNEL AND PADRE BALLI PARK; THE
DIRECTION OF TRAVEL BETWEEN WHITECAP BOULEVARD AND
PADRE BALLI PARK; ESTABLISHING AND REGULATING
PEDESTRIAN SAFE BEACH; ESTABLISHING A PEDESTRIAN SAFE
AREA; AND ENACTING PROVISIONS INCIDENT AND RELATING TO
THE SUBJECT AND PURPOSE OF THIS ORDINANCE; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; DIRECTING THE
CITY MANAGER TO PROCESS ANY CHANGES TO THE
COMPREHENSIVE PLAN, OTHER PLANS, OR ORDINANCES TO MAKE
SUCH CONSISTENT WITH THIS ORDINANCE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR THE EFFECTIVE DATE OF THE
SECTIONS OF THIS ORDINANCE.
WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas
General Land Office, under the authority of the Texas Open Beaches Act, authorizes local
govemments, with the prior approval of the General Land Office, to restrict vehicular traffic
from portions of the public beach, if adequate parking is provided on or adjacent to the
beach to accommodate one car for each 15 linear feet of beach from which vehicle traffic
is restricted;
WHEREAS, the Padre Island seawall is 4216.5 feet long;
WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land
adjoining the seawall, which is adjacent to the public beach;
WHEREAS, the City has constructed a parking lot that provides parking in excess of the
minimum requirements of the Beach and Dune Rules;
WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15
feet of beach seaward of the seawall from which vehicular traffic is restricted;
WHEREAS, ingress and egress access to the beach is provided for vehicles at each end
of the seawall;
WHEREAS, the free and unrestricted right of ingress and egress to and from the beach is
provided for pedestrians along the entire length of the seawall by a perpetual easement
that has been granted in favor of the public affording pedestrians noncommercial use
along and over the entire length of the seawall and adjacent sidewalk;
WHEREAS, signs will be conspicuously posted to explain the nature and extent of
vehicular controls, parking areas, and access points;
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026716
WHEREAS, it has been the City's long term plan to restrict vehicles from the beach
seaward of the seawall once the City constructed a parking lot on City -owned property
adjacent to the seawall;
WHEREAS, Policy Statement II.B.3 of the City of Corpus Christi, Texas, Dune Protection
and Beach Access Plan, adopted on February 28, 1995, an element of the City's
Comprehensive Plan, provides that "Subsequent to the purchase and development of the
parking lot landward of the seawall, the City will take action to close permanently the
beach seaward of the Seawall to vehicular traffic for safety purpose;"
WHEREAS, Policy Statement C.15, MUSTANG -PADRE AREA DEVELOPMENT PLAN,
adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's
Comprehensive Plan, provides that "in order to create a safe day use beach area in front
of the sea wall, traffic will be prohibited once a public parking area is constructed ";
WHEREAS, the 74th Texas Legislature recognized this plan when in 1995 it adopted
§61.017(c)(1)(B) of the Texas Natural Resources Code, which in recognizing the seawall
as the line of vegetation required the fee title to the surface estate to an area for public
parking and other public uses adjacent to the seawall be conveyed to and accepted by a
public entity, which area contains sufficient acreage to provide at least one parking space
for each 15 linear feet of the seawall;
WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot has been
constructed, satisfies that obligation;
WHEREAS, the restriction of vehicular traffic from the portion of the public beach seaward
of the Padre Island seawall will provide a family safe area for the public to use the beach
without being exposed to the dangers posed by vehicles driving on the beach;
WHEREAS, the public's free and unrestricted right of ingress and egress to the beach is
protected by the existing access and the availability of public parking adjacent to the public
beach and seawall:
WHEREAS, outstanding resort developments have been proposed adjacent to the beach
between the north end of the Padre Island seawall and Packery Channel and between the
south end of the Padre Island seawall and Padre Balli Park;
WHEREAS, the section of beach adjacent to the proposed development north of the
Padre Island seawall is approximately 1,800 linear feet and the section of beach adjacent
to the beach south of the Padre Island Seawall is approximately 1,200 linear feet;
WHEREAS, the proposed resort developments will boost the local economy by drawing
tourists to Padre Island, providing temporary and permanent jobs, enhancing the
hospitality industry, and increasing the tax base of the area;
WHEREAS, establishment of a pedestrian safe beach is essential to provide a family -
oriented zone where beach - goers, especially with children, can access the beach and gulf
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waters without concem over risks to safety imposed by pedestrian use mixed with
vehicular traffic;
WHEREAS, construction of such resort developments is consistent with Policy Statements
D.5 and D.6, MUSTANG -PADRE ISLAND AREA DEVELOPMENT PLAN, adopted by City
Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive
Plan, "Promote the most intensive tourist oriented development east of S.P.I.D. and
between Whitecap Boulevard and Zahn Road...Private land located south of
Packery Channel must be developed with a mix of high - density /intensity tourist
oriented commercial and residential activities... ";
WHEREAS, the developer has reported that the resort developments are not feasible
unless vehicular traffic is restricted from the beach between the north end of the Padre
Island seawall and Packery Channel and between the south end of the Padre Island
seawall and Padre Balli Park and the resorts will increase the use of the described
segments of beach north and south of the seawall;
WHEREAS, City Council desires to allow vehicular access to the entire described public
beach segments north and south of the Padre Island seawall until sufficient parking Tots
are established on and adjacent to each public beach segment with sufficient pedestrian
amenities, including restrooms and shower facilities, until there is established disability
access to the south Packery Channel jetty, and until each resort development passes
critical "milestones" that clearly indicate its being brought to fruition;
WHEREAS, the increased beach usage that will result from each resort development
mixed with unrestricted vehicular access to each beach segment will create an
overwhelming public safety concern;
WHEREAS, restricting vehicular access due to an overwhelming public safety concern is
consistent with Policy Statement C.13, MUSTANG -PADRE ISLAND AREA
DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004,
an element of the City's Comprehensive Plan, "Except for in front of the seawall, the
City will not pursue closure of any portion of the public beach to vehicular traffic
without an overwhelming public safety concern... ";
WHEREAS, the City of Corpus Christi will not install parking meters or charge for parking
on the seawall parking lot or either City - constructed parking lot providing access at each
end of the Padre Island seawall;
WHEREAS, the Regional Transit Authority Master Plan provides for transit and people -
moving services in the area of the Gulf beach and Packery Channel improvements;
WHEREAS, the developer of the resort community has agreed to cooperate in the
provision of people - movers between the proposed resort developments and the south jetty
of Packery Channel;
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Section 10 -69, Code of Ordinances, is adopted to read as follows:
"Sec. 10 -69. Pedestrian safe beach.
(a) A pedestrian safe beach is established when the use of the beach is projected to
be so great that vehicular access to the beach will create an overwhelming public
safety concern and, therefore, vehicular access has been restricted from the
beach. A pedestrian safe beach will also enhance the resort atmosphere
anticipated by the Mustang -Padre Island Development Plan by establishing a
family - friendly beach where beach goers of all ages can enjoy the beach and gulf
waters without the risks posed by other uses.
(b) In addition to the other restrictions and uses set forth in this Chapter and as
applicable in the Code of Ordinances, the following restrictions on uses and
activities shall apply on a pedestrian safe beach:
Personal watercraft and other motor - powered vessels are prohibited in the
gulf waters within 1,000 feet of a pedestrian safe beach, except in an
established and marked access channel, and personal watercraft and motor -
powered vessels may operate in such access channel only at headway
speed, creating no wake and as otherwise regulated in Sec. 10 -66.
2. Fires are prohibited on a pedestrian safe beach, except by prior
authorization from the Parks Department.
Camping, as defined and regulated in Sec. 10 -58, is prohibited on a
pedestrian safe beach.
Dogs and other animals shall be kept on a lead, leash, or other physical
restraint on a pedestrian safe beach.
Mobile vendors, as defined in Sec. 10 -68, are prohibited from operating on a
pedestrian safe beach.
Livestock and any prohibited animal, as defined in Sec. 6 -1, are prohibited
from being brought or kept on a pedestrian safe beach.
(c) The owner of property adjacent to a pedestrian safe beach may be granted an
exclusive right as a beach vendor under Section 10 -68 and upon the granting of
the exclusive right to vend on the adiacent pedestrian safe beach, the adjacent
property owner shall be responsible for cleaning the pedestrian safe beach, in a
manner compliant with all laws, statutes, ordinances and regulations, and shall
provide lifeguard services for the pedestrian safe beach.
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(d) The owner of property adjacent to a pedestrian safe beach shall assist the City in
providing appropriate parking, access, and facilities for persons with disabilities."
SECTION 2. Section 10- 73(f), Code of Ordinances, is repealed.
"Sec. 10 -73. Vehicular operation.
*
*
*
SECTION 3. Section 10 -77, Code of Ordinances, is revised to read as follows:
"Sec. 10 -77. Pedestrian safe areas.
*
"(e) The city manager may establish as a pedestrian safe areas, the following portions
of the Gulf beach:
(1) south of Packery Channel and north of the concrete portion of the Gulf seawall,
(2) seaward of the concrete portion of the Gulf seawall,
manager, and
(3) south of the concrete portion of the Gulf seawall and north of Padre Balli Park."
SECTION 4. Section 10- 80(e), Code of Ordinances, is repealed.
"Sec. 10 -80. One -way traffic on beach and access roads.
*
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SECTION 5. Section 10 -81, Code of Ordinances, is revised to read as follow:
"Sec. 10 -81. Vehicles restricted from Pportions of the beach closed.
"(a) The city manager, or the city manager's designee, is authorized to clese restrict
vehicular access from portions of the beach for declared safety reasons
during periods including, but not limited to, extreme high tides, such as storm tide and
"spring" tide events, and when Tess than a twenty- five -foot corridor along the beach is
available for vehicular traffic.
"(b) Except for emergency vehicles, vehicles used to maintain the beach, or vehicles used
to provide beach related services under a permit issued by the City, vehicular traffic is
restricted from the beach south of Packers Channel, seaward of the Padre Island seawall
and south of the Padre Island seawall and north of Padre Balli Park, and driving on this
portion of beach is prohibited, except in specially designated areas."
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1 -6 of the City Code of
Ordinances.
SECTION 7. 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 8. The City Manager is directed to process any changes to the Comprehensive
Plan, any other plan, or any ordinance to make the Comprehensive Plan, any other plan,
and all ordinances consistent with the terms and intent of this ordinance.
SECTION 9. 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.
SECTION 10. (a) Sections 7, 8, and 9 of this ordinance take effect upon and after
publication of this ordinance.
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(b) Sections 1, 3, 4, 5, and 6 of this ordinance that relate to the restriction of vehicular
traffic from that portion of the beach seaward of the Padre Island seawall take effect on the
approval of these changes to the City of Corpus Christi's Dune Protection and Beach
Access Plan by the General Land Office.
(c) The portions of Sections 1, 3, 5, and 6 of this ordinance that relate to the restriction
of vehicular traffic from that portion of the beach south of Packery Channel and north of
the Padre Island seawall take effect not earlier than the approval of these changes to the
City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land
Office.
Additionally, the portions of Sections 1, 3, 5, and 6 of this ordinance that relate to the
restriction of vehicular traffic from that portion of the beach south of Packery Channel and
north of the Padre Island seawall take effect on the occurrence of the following:
(1) development of the resort community (a tourism - centered destination resort
development to include a hotel, condominiums, and related amenities intended
to attract visitors and tourists from outside the Corpus Christi area), in the area
bounded by Packery Channel, the wooden seawall, Park Road 22, and Lake
Padre, achieves the following "milestones ": (1) secure necessary financing for
the initial phase of the resort community project (estimated value of
$75,000,000), (2) development and approval of a master plan for the entire
resort community, (3) building permits for the construction of the infrastructure
related to the initial phase of the resort community project (estimated value of
$75,000,000) have been issued, and (4) commencement of vertical
construction, above the surface level of the foundation, of improvements with an
estimated value of $75,000,000 associated with the resort community,
(2) dedication by the developer and acceptance by the City of a permanent
easement for a roadway within 1,000 feet of the north end of the Padre Island
seawall to provide access to the Gulf beach and to the parking lot described in
(d) below,
(3) cooperation with the City and Regional Transit Authority to allow for and provide
a system to move people between the beach parking lots and the amenities
along the south jetty of Packery Channel,
(4) completion of the construction and opening to the public of a parking lot, on and
adjacent to the beach, that provides at least one parking space for each fifteen
linear feet of beach from which vehicles are restricted, and
(5) completion of the pedestrian amenities to include restrooms, showers, and
disability access to the south jetty of Packery Channel with the assistance of the
developer of the resort community.
The City of Corpus Christi shall take no action to begin construction of the facilities
described in (3), (4) and (5) hereinabove until the "milestones" set forth in (1) and (2) are
achieved. It is reasonable to believe, when the proposed development achieves the
stated goals, that the project will proceed to completion.
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(d) The portions of Sections 1, 2, 3, 4, 5, and 6 of this ordinance that relate to the
restriction of vehicular traffic from that portion of the beach south of the Padre Island
seawall and north of the Padre Balli Park take effect not earlier than the approval of these
changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the
General Land Office.
Additionally, the portions of Sections 1, 2, 3, 4, 5, and 6 of this ordinance that relate to the
restriction of vehicular traffic from that portion of the beach south of the Padre Island
seawall and north of Padre Balli Park take effect on the occurrence of the following:
(1) development of the resort community (a residential community proposed to
have approximately 400 single - family homes and a boutique hotel, all designed
and operated to attract visitors and tourists from outside the Corpus Christi
area), in the area adjacent to the beach between Whitecap Boulevard and
Padre Balli Park, achieves the following "milestones ": (1) secure necessary
financing for the development project, (2) development and approval of a
master plan for the entire resort community, (3) acceptance, by the City of
Corpus Christi, of all required infrastructure associated with the first phase of
the resort community project, anticipated to accommodate at least 100 single -
family residential structures and the boutique hotel, and (4) issuance of a
building permit for the construction of an anticipated improvement,
(2) cooperation with the City and Regional Transit Authority to allow for and provide
a system to move people between the beach parking lots and the amenities
along the south jetty of Packery Channel,
(3) completion of the construction and opening to the public of a parking lot, on and
adjacent to the beach, that provides at least one parking space for each fifteen
linear feet of beach from which vehicles are restricted, and
(4) completion of the pedestrian amenities to include restrooms and showers.
The City of Corpus Christi shall take no action to begin construction of the facilities
described in (3) and (4) hereinabove until the "milestones" set forth in (1) are achieved. It
is reasonable to believe, when the proposed development achieves the stated goals, that
the project will proceed to completion.
(e) In the event the "milestones" set forth in subsection (c) hereinabove are not
achieved within five (5) years from the date of the implementation of the traffic restriction
on the beach south of the Padre Island seawall, then Council, in its sole discretion, may
repeal the traffic restriction.
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That the foregoing ordinance was read for the first time and passed to its second reading
on this the A(54' day of March, 2006, by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
That the foregoin ordinan a was read for the second time and passed finally on this the
9. /'''day of 1! , 2006 by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the day of fflaAc,h , 2006.
ATTEST
Armando Chapa
City Secretary
APPROVED: March 27. 2006.
Garold. Smith
Assistant City Attorney
for City Attorney
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H'nry Garre
Mayor
026716
9
r ~ -
State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
1r71. '71
-
CITY OF CORPUS CHRISTI
ss: Ad # 5447777
PO #
Before me, the undersigned, a Notary Public, this day personally came Sandra
Orum, who being first duly sworn, according to law, says that she is Legal
Sales Representative 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 3RD day(s) of APRIL,
2006.
$160.27
01,664-1,L.1
Legal Sales Representative
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
Notary Public, Nueces County, Texas
Michelle Cabrera
Print or Type Name of Notary Public
My commission expires on March 19, 2008.
rid3,2006•CAl___ 2006—CALLER-TIMES
CW ORDINANCE NO.
026718
Amending the Code of
Ordinances, City of
Corpus Christi,
Chapter 10, Beachfront
Management and
Construction,
regarding relimination n
of vrltiCUM
traffic on the beach
seaward of the Padre
Island Seated' and
y
Channel between and Pucker
Padre
Beni Park; the dinictiorl
of travel betwee#c
Whitecap
and Padre Sidli
establishing
regulati
sag beach;
establishing a
pedestrian
and a
provisions
relating to the
and purpose of
ordinance;
the City
process any
to the Cot*^ve piens, or
ordinances to make
such consistent with
this ordnance. this
ordinance was probed
itlofHyCo geCity
of Corpus Christi on its
second reading on
March 28, 2006.
Is/ Armando
City
City of Corps