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Home My WebLink About027971 ORD - 12/09/2008ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, TO RESTRICT VEHICULAR TRAFFIC ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE SEGMENT OF THE PADRE ISLAND SEAWALL AND ESTABLISHING A PEDESTRIAN SAFE -AREA -VEHICLE FREE AREA WHEN THE DISTANCE BETWEEN THE TOE OF THE SEAWALL TO THE WATER IS LESS THAN 150 FEET IN WIDTH, AND ALLOWING TWO WAY VEHICULAR TRAFFIC ON THE GULF BEACH BETWEEN THE NORTHERN END OF THE SEAWALL AND PADRE BALLI PARK; ESTABLISHING A PEDESTRIAN SAFE AREA VEHICLE FREE AREA BETWEEN THE NORTHERN END OF THE CONCRETE SEAWALL AND THE PACKERY CHANNEL JETTY; COMMITTING THE CITY COUNCIL TO UNDERTAKE EFFORTS TO RESTORE AND MAINTAIN THE BEACH IN FRONT OF THE SEAWALL TO A MINIMUM WIDTH OF 200 FEET; ADDING AN APPENDIX TO THE CITY OF CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS TO SHOW THE APPROXIMATE LOCATION OF BOLLARDS TO BE INSTALLED ON THE BEACH; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE 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 governments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed; 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 will accommodate 310 cars; WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic; WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall; WHEREAS, ingress and egress access to 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; 150' Seawall Beach Closure Ordinance — 12122008 027971 Intnrvrn 2 WHEREAS, signs will be conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and access points; WHEREAS, it has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall; WHEREAS, Policy Statement 11.8.3 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 the "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," once a 300 space parking lot is available on the existing city land located adjacent to the seawall; 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 closing of portions of the public beach seaward of the concrete segment of the Padre Island seawall when there is less than 150 feet of sand between the toe of the seawall and water 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 right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall; WHEREAS, with the exception of the beach seaward of the seawall, it is the policy of the City of Corpus Christi, as adopted in Policy Statements B.33, and C.13, MUSTANG - PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, to maintain vehicle access along the Gulf beach unless necessary for an overwhelming public safety concern; WHEREAS, in 2006, the City's Charter was amended as a result of an initiative and referendum that limited the City Council's authority to restrict vehicular access to and on the Gulf beach unless approved by a majority vote of qualified voters of the City, voting at an election duly called for such purpose; 150' SEAWALL BEACH CLOSURE ORDINANCE -- 12122008 3 WHEREAS, Article X, Section 4 of the City's Charter, as amended in 2006, allows the City Council to restrict vehicular access to areas of the Gulf beach for public necessity; WHEREAS, a public necessity is limited to environmental emergencies, public health and safety emergencies, and government functions whose importance justifies the restriction of vehicular access; WHEREAS, restrictions on vehicular access for public necessity must be limited to the smallest possible area and for the shortest possible duration; WHEREAS, the extremely narrow beach between portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall create an extremely unsafe condition in which both beachgoers and drivers are at grave risk; WHEREAS, there is public necessity to restrict vehicular access to those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water; WHEREAS, the restrictions of vehicular access to this small area of the Gulf beach are expected to be of limited duration due to planned renourishment of the beach at the southern end of the seawall; WHEREAS, the City Council put the issue of closing those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water to a vote of the citizens of Corpus Christi on Tuesday, November 4, 2008, when it adopted Ordinance 027813; WHEREAS, on Tuesday, November 4, 2008, a majority of the voters approved Proposition 8, entitled "SEAWALL BEACH ACCESS & SAFETY," by voting for the measure, which read: "RESTRICTING VEHICULAR ACCESS TO AND ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE PADRE ISLAND SEAWALL WHEN THE WIDTH OF THE BEACH BETWEEN THE TOE OF THE SEAWALL AND WATER IS LESS THAN 150 FEET," WHEREAS, Section 7 of Ordinance 027813 stated the effect of Proposition 8 as: "If this ballot measure is adopted, and is approved by the General Land Office, an ordinance will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete seawall to all vehicular traffic by prohibiting driving on that portion of the beach when the width of the beach between the toe of the seawall and water is less than 150 feet. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach;" and WHEREAS, on September 9 and October 21, 2008, the City Council adopted two resolutions to inform the citizens of the City of the locations where bollards would be installed to separate the pedestrian safo areas vehicle free areas from the portions of 150' SEAWALL BEACH CLOSURE ORDINANCE -- 12122008 4 the beach on which vehicle would be allowed to transit and park in front of the concrete seawall and between the northern end to the concrete seawall and the Packery Channel south jetty; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 10-77, Code of Ordinances, is amended by revising subsection (e), redesignating subsection (f) as subsection (h), and adding a new subsections (f) and (g) to read as follows: Sec. 10-77. Podostrian safe area Vehicle free areas. (e) The city manager may shall establish as a pedestrian -safe -area -vehicle free area those portions of the Gulf beach seaward of the concrete portion -segment of the Gulf seawall, when the beach between the toe of the seawall and the water is less than 150 feet in width. The city manager shall: (1) Temporarily restrict the operation of vehicles in front of the concrete Padre Island seawall when and where width is less than 150 feet. (2) Install rows of bollards parallel to the seawall to maintain vehicle transit and parking lanes. a. One row of bollards must preserve a 25' wide pedestrian safe space adjoining the seawall. b. A second row of bollards to allow two-way vehicle traffic along the seawall. c. Areas for head -in parking, seaward of and parallel to the first row must be provided. d. Head -in parking areas may not be located across from walkways that provide access to the seawall and beach from hotels, condominiums, parking lots, and other beach access points along the seawall. These areas should be marked as pedestrian crossingsand may not exceed 80 feet in width. e. The bollards must be placed so as to maximize the area of pedestrian - safe beaches near the shore in front of the seawall, while still maintaining vehicle -lanes. 150' SEAWALL BEACH CLOSURE ORDINANCE -- 12122008 5 (f) The city manager shall establish as a pedestrian -safe -area -vehicle free area those portions of the Gulf beach between the north end of the concrete Padre Island seawall and the south jetty of Packery Channel. (1) The bollards must be installed 50 feet landward of mean high tide for a distance of approximately 1550 feet from the north end of the concrete seawall to a point 600 feet from the south jetty. (2) The bollards must be spaced to prevent the passage of vehicles between the bollards. (3) At the northern end of the row of bollards parallel to the water, a perpendicular row of bollards must be installed that extends seaward to the line of mean low tide. (4) At least two areas must be designated for boat launch access, and the bollards spaced to allow vehicles and boat trailers through the row of bollards. (5) Openings that are gated or chained may be installed in the bollards to allow vehicles to a operate close to the water's edge during times of limited use of the beach by pedestrians and swimmers and when the upper beach sand is too soft to allow safe vehicular access to the jetty. (q) Appendix XVII of the City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations illustrates the approximate location of the bollards that will separate the vehicle free areas and the areas set aside for vehicle transit and parking in the vicinity of the concrete seawall and south jetty of Packery Channel. "(f)(h) No vehicle free area may be implemented until the location and perimeter design has been submitted to the Texas General Land Office and Texas Attorney General, and approved by the Texas General Land Office. SECTION 2. Section 10-81, Code of Ordinances, is revised to read as follow: "Sec. 10-81. Portions of the beach closed. "{a) The city manager, or the city manager's designee, is authorized to close portions of the beach to all vehicle traffic for declared safety reasons during periods including, but not limited to, extreme high tides, such as storm tide and "spring" tide events, and when less than a twenty -five-foot corridor along the beach is available for vehicular traffic. "(b) Except for emergencies vehicles, vehicles used to maintain the beach, or vehicles used to provide beach related services under a permit issued by the City, when the City Manager has designated portions of the beach seaward of the Padre Island seawall as a vehicle free area under Section 10-77(e), those portions of the beach are closed to vehicular traffic, and driving on those portions of beach is prohibited." 150' SEAWALL BEACH CLOSURE ORDINANCE -- 12122008 6 SECTION 3. Section 10-80(e), Code of Ordinances, is repealed: "Sec. 10-80. One-way traffic on beach and access roads. Padre Balli Park may only travel in a southerly direction." SECTION 4. The City Council will undertake efforts to renourish the beach in front of the concrete seawall in an expeditious manner in order to restore and maintain the beach to a minimum width of 200 feet. SECTION 5. The City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations are amended by adding a new Appendix XVII to read as follows: 150' SEAWALL BEACH CLOSURE ORDINANCE -- 12122008 7 APPENDIX XVII APPROXIMATE LOCATION OF BOLLARDS USED TO SEPARATE THE PEDESTRIAN -SAFE -AREAS -VEHICLE FREE AREAS AND THE AREAS SET ASIDE FOR VEHICLE TRANSIT AND PARKING IN THE VICINITY OF THE CONCRETE SEAWALL AND SOUTH JETTY OF PACKERY CHANNEL SCALE: N.T.S. AERIAL FLOWN: FEB. 2008 -r NEIN HIGH TOE 1GULF OF MEXICO 150' SEAWALL BEACH CLOSURE ORDINANCE -- 12122008 8 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. 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 9. This ordinance 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 150' SEAWALL BEACH CLOSURE ORDINANCE -- 12122008 9 That the foregoing S finance s rea for the first time and passed to its second reading on this the � • ay of , 2008, by the following vote: Henry Garrett Priscilla G. Leal `` Melody Cooper Akat John E. Marez Ati— Larry Elizondo, Sr. (/11 Nelda Martinez Mike Hummel) Bill Kelly That foregoin ordinance was read for the second time and passed finally on this the day of D8(`,/Mtibel , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper Al/y- John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Sib__ Michael McCutchon AT Bill Kelly / NOS b 4.008 //�� PASSED AND APPROVED, this the -1 day of bteklAdyeA, Michael McCutchon d ATTEST: Armando Chapa Hen City Secretary Mayor APPROVED: 12th day of December, 2008. J R ang Firs / Firs As istant C' y Attorney for City Attorney 027971 EFFECTIVE DATE bek€ t CAtoc4ikL 9 PUBLISHER'S AFFIDAVIT GIg438 State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5885847 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 ORDI NANCE NO. 0279 t(iich the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/15/2008,12/15/2008. $ 253.89 1Time(s) On this 14&_day of QUO PI4 is a true and an exact copy made A x` " ate"'--_ GWENNJ. MEDINA , • MY COMMISSION EXPIRES •.,pkat Augua12,2012 I certify that the attached document publisher. Notary Public, State of Texas 6F • Monday • December 15, 2008 • CALLER-TIMES NOTICE OF PASSAGE QF ORDI- NANCE NO. 027971 AMENDING THE CODE OF ORDI- NANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MAN- AGEMENT AND CONSTRUCTION, TO RESTRICT VEHICU- LAR TRAFFIC ON THE GULF BEACH SEAWARD OF POR- TIONS OFTHE CONCRETE SEG- MENT OF THE PADRE ISLAND SEA- WALL AND ESTABLISHING A VE- HICLE FREE AREA WHEN THE-DIS- TANCE BETWEEN THE TOE OF THE SEAWALL TO THE. WATER IS LESS THAN 150 FEET IN WIDTH, AND ALLOW- ING TWO WAY VEHICULAR TRAF- FIC ON THE GULF BEACH BETWEEN THE NORTHERN END OF THE SEA- WALL AND PADRE B LISHING A VEHICLE FREE AREA BE- TWEEN THE NORTHERN END OF THE CONCRETE SEAWALL-:AND THE PACKERY CHANNEL JETTY; COMMITTING THE CITY COUNCIL TO UNDERTAKE EF- FORTS TO RESTORE AND MAINTAIN THE BEACH IN FRONT OF THE SEAWALL TO A MINIMUM WIDTH OF 200 'FEET; ADDING AN APPENDIX TO THE CITY OF COR- PUS CHRISTI, TEXAS, DUNE PRO- TECTION AND BEACH ACCESS REGULATIONS TO SHOW THE AP- P R 0 X IM AT E LOCATION OF BOL- LARDS TO BE THE BEACH; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PRO- VIDING RO- VIDING F O R PUBLICATION; AND A LAYEDDING EFFECTID E DATE /s/ Armando Chapa . - City Secretary City of Corpus Christi