HomeMy WebLinkAbout026965 RES - 08/29/2006Page 1 of 7
RESOLUTION
OUTLINING THE TERMS OF THE BEACH ACCESS PLAN FOR
THE APPROXIMATELY 7,200 -FOOT PUBLIC PEDESTRIAN -
SAFE BEACH BETWEEN PACKERY CHANNEL AND THE
NORTH BOUNDARY OF PADRE BALLI PARK UPON
APPROVAL OF THE PUBLIC PEDESTRIAN -SAFE BEACH BY
THE VOTERS
WHEREAS, City Council desires to provide the opportunity for an alternative
beach experience free of the usual vehicular traffic through the authorization of a
public pedestrian -safe beach; and
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 and
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; and
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 . and
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; and
WHEREAS, the implementation of the public pedestrian -safe beach designations
for the segments of the beach north and south of the Padre Island seawall will
not be effective until parking lots 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 the development is being brought to fruition; and
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WHEREAS, the City Council has determined to submit the question of creation of
the public pedestrian -safe beach to the voters on November 7, 2006; and
WHEREAS, City Council desires to inform the public of the proposed beach
access plan to be adopted upon approval by the voters of the public pedestrian -
safe beach and acceptance by the Texas General Land Office.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Upon approval of the Charter amendment relating to the
approximately 7 200 -foot public pedestrian -safe beach between the south jetty of
Packery Channel along the Padre Island seawall, and continuing to
approximately the north boundary of Padre Balli Park by the voters at the election
to be held on November 7, 2006, the beach access plan for the 7,200 -foot public
pedestrian -safe beach shall be substantially as follows:
Public pedestrian -safe beach areas.
The following Gulf beach areas will be established as public pedestrian -
safe beach areas:
(1) seaward of the Padre Island seawall,
(2) south of Packery Channel and north of the Padre Island
seawall, and
(3) south of the Padre Island seawall and north of Padre Balli Park.
Restricted activities.
(a) In addition to the other restrictions and uses set forth in Chapter 10 of
the Code of Ordinances and as applicable in the Code of Ordinances,
the following restrictions on uses and activities will apply on a public
pedestrian -safe beach:
1 Personal watercraft and other motor - powered vessels will be
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 will be prohibited on a pedestrian safe beach, except
by prior authorization from the Parks Department.
3 Camping, as defined and regulated in Sec. 10 -58, will be
prohibited on a public pedestrian -safe beach.
4 Dogs and other animals will be kept on a lead, leash, or
other physical restraint on a public pedestrian -safe beach.
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5 Mobile vendors, as defined in Sec. 10 -68, will be prohibited
from operating on a public pedestrian -safe beach.
Livestock and any prohibited animal, as defined in Sec. 6 -1,
will be prohibited from being brought or kept on a public
pedestrian -safe beach.
(b) The owner of property adjacent to a public 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 adjacent
public pedestrian -safe beach, the adjacent property owner will be
responsible for cleaning the pedestrian safe beach, in a manner
compliant with all laws, statutes, ordinances and regulations, and will
provide lifeguard services for the public pedestrian -safe beach.
(c) The owner of property adjacent to a public pedestrian -safe beach shall
assist the City in providing appropriate parking, access, and facilities
for persons with disabilities.
Emergency, maintenance, and service vehicles permitted.
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 will be restricted from the beach south of Packery
Channel, seaward of the Padre Island seawall, and south of the Padre
Island seawall and north of Padre Bali Park, and driving on this portion of
beach is prohibited, except in specially designated areas.
Public pedestrian -safe beach access amenities.
In order to provide for full public access to the public pedestrian -safe
beach and to meet Texas General Land Office beach access
requirements, certain amenities will be provided to enhance the alternate
beach experience and provide for the comfort and welfare of the beach -
goers.
(a) The seawall parking lot (approximately 300 spaces), with accessible
parking spaces, an accessible ramp from the parking lot to the seawall
and an accessible ramp from the seawall to the beach.
(b) A dedicated roadway within 1,000 feet of the north end of the Padre
Island seawall to provide access to the Gulf beach and to a parking lot
providing approximately 300 spaces (at least one parking space for
each 15 linear feet of beach between the north end of the Padre Island
Seawall and the south jetty of Packery Channel) with appropriate
accessible parking spaces.
(c A parking lot of at least 30 parking spaces adjacent to the south side of
Packery Channel with access to south jetty of Packery Channel.
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(d) A parking lot of approximately 100 spaces (at least one parking space
for each 15 linear feet of beach between the south end of the Padre
Island seawall and the north boundary of Padre Balli Park) with
appropriate accessible parking spaces.
(e) The City of Corpus Christi will not install parking meters or charge for
parking on the seawall parking lot or the City- constructed parking lots
providing access at each end of the Padre Island seawall and on the
south side of Packery Channel.
(f) Restroom facilities, showers, fish - cleaning station, walkways and
boardwalks along the south shore of Packery Channel and at the
beach and seawall parking lots to provide support for the users of the
parking lots and the public beach areas.
(g) A system to move people between the north beach parking lots and
the amenities along the south jetty of Packery Channel, provided in
cooperation with the developers of property adjacent to the public
pedestrian -safe beach area.
(h) Signs will be conspicuously posted to explain the nature and extent of
vehicular controls, parking areas, and access points.
The amenities are conceptually depicted on Exhibit "A" attached hereto.
The amenities will meet Texas General Land Office standards and
requirements but the location of the amenities may be adjusted to conform
to the final design. The architecture of the amenity facilities adjacent to
the resort will be consistent with the design of the resort.
SECTION 2. The requirements for implementing the public pedestrian -safe
beach for each beach area are as follows:
(a) Adjacent to the Padre Island seawall. The establishment of the public
pedestrian -safe beach for the area seaward of the Padre Island seawall shall
take effect upon adopting of the required ordinance, publication thereof, and
approval by the Texas General Land Office.
(b) South of Packery Channel and north of the Padre Island seawall. The
establishment of the public pedestrian -safe beach for the area south of Packery
Channel and north of the Padre Island seawall shall not take effect until the
adoption of the required ordinance, publication thereof, approval of the Texas
General Land Office, and 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" (i) secure necessary financing for the initial
phase of the resort community project (estimated value of
$75.000,000) (ii) development and approval of a master plan for the
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entire resort community, (iii) building permits for the construction of the
infrastructure related to the initial phase of the resort community
project have been issued, and (iv) start of substantial vertical
construction of first phase_improvements with an appraised value or a
market 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 (4) below (amenity b),
(3) cooperation of the developers to allow for and provide a system to
move people between the north beach parking lots and the amenities
along the south jetty of Packery Channel (amenity g),
(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 (amenities b and c), 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 (amenity f).
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
(c) South of the Padre Island seawall and north of Padre Balli Park. The
establishment of the public pedestrian -safe beach for the area south of the Padre
Island seawall and north of Padre Balli Park shall not take effect until the
adoption of the required ordinance, publication thereof, approval of the Texas
General Land Office, and the occurrence of the following:
(1) development of the resort community (a residential community
proposed to have approximately 400 units of single - family homes,
townhomes, multi - family, 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 ": (i) secure
necessary financing for the development project, (ii) development and
approval of a master plan for the entire resort community, (iii)
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 (iv) issuance of a building
permit for the construction of an anticipated improvement,
(2) 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
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space for each fifteen linear feet of beach from which vehicles are
restricted (amenity d).
(3) completion of the pedestrian amenities to include restrooms and
showers (amenity f) .
The City of Corpus Christi shall take no action to begin construction of the
facilities described in (2), and (3) 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.
In the event the "milestones" relating to public pedestrian -safe beach area south
of Packery Channel and north of the Padre Island seawall are not achieved
within five (5) years from the date of the implementation of the public pedestrian -
safe beach south of the Padre Island seawall, then Council, in its sole discretion,
may repeal the public pedestrian -safe beach designation.
ATTEST
� t
9
i
Armando Chapa
Assistant Secretary
Approved as to form: August 24, 2006.
Gary W Smith
Assistant City Attorney
For the City Attorney
CITY OF pORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
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Corpus Christi, Texas
41'` of
Page 7 of 7
2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
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965
, F 111 A S
September 26, 2006
Mr. George K. Noe
City Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Dear Mr. Noe:
GENERAL LAND OFFICE
JERRY PATTERSON, COMMISSIONER
: C 2 2006
CITY MANAGER'S OFFICE-
This letter is a follow -up to my letter dated September 22, 2006, regarding the City of Corpus Christi's
Beach Access Plan. You had requested in your August 29, 2006 letter that you wish to have a final ruling
by the Land Office prior to the election as to whether the proposed plan amendment is consistent with
law.
Provided the resolution passed on August 29, 2006 was a formal action of the City to amend the beach
access plan, the plan amendment may be certified as consistent with state law with the following
clarifications added to Section 1, under the heading "Public pedestrian-safe beach access amenities ":
1. Paragraph (c) should include language stating that the parking lot of at least 30 parking
spaces adjacent to the south side of the Packery Channel "be open 24 hours per day, seven
days per week"
2. Paragraph (g) should include language stating that a "system adequate to move people and
their recreational equipment," be provided, and
3. Paragraph (g) should also include a statement that "the system shall operate at all hours
except at times of negligible demand."
Based on the representations concerning the plan amendment in the Ordinance adopted March 22, 2006
and the resolution adopted August 29, 2006, the General Land Office (GLO) will proceed with the
rulemaking process to certify the City's amendment to its beach access plan. However, the City must take
formal action to approve the clarifications outlined above before final adoption of the plan certification
amendment by the GLO.
If you have questions, please contact Sam Webb, Deputy Commissioner for Coastal Resources, at (512)
463 -2718 or sam.webb ' _lo.state.tx.us.
Sincerely,
Y PA I ERSON
ssioner, Texas General Land Office
345
OUT 2006
RECEIVED
CITY SECRETARY'S
OFFICE
Stephen F. Austin Building • 1700 North Congress Avenue • Austin, Texas 78701 -1495
Post Office Box 12873 • Austin, Texas 78711-2873
512 - 463 -5001 • 800- 998 -4GLO
www.glo.state.tx.us