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HomeMy WebLinkAbout029112 RES - 06/28/2011Page 1 of 3. RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A DRAFT EROSION RESPONSE PLAN AND RELATED DRAFT AMENDMENTS TO CHAPTER 10, CODE OF ORDINANCES, BEACHFRONT MANAGEMENT AND CONSTRUCTION, TO THE TEXAS GENERAL LAND OFFICE FOR COMMENT. WHEREAS, under Section 33.607(e), Texas Natural Resources Code, the City, which is subject to Chapters 61 and 63, Texas Natural Resources Code, must use historical erosion data and the Texas General Land Office's coastal erosion response plan to prepare a local erosion response plan for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches; WHEREAS, the local erosion response plan may include a building set -back line, which is no further landward than the dune protection line established by the City, that will accommodate a shoreline retreat; preserve and enhance the public's right of access to and use of the public beach; preserve critical sand dunes for natural storm protection and conservation purposes; prohibit new construction seaward of the building set -back line; and provide for the acquisition of fee title to or a lesser interest in property seaward of the building set -back line. WHEREAS, in order for the City to be eligible for a grant from the Texas General Land Office under the Texas coastal erosion response program, the City must adopt and submit its erosion response plan or any amendments to the General Land Office for certification no later than December 31 immediately preceding the state fiscal biennium in which funding is sought, as required by Section 33.605(b)(6)(B), Texas Natural Resources Code; and WHEREAS, in order to qualify for consideration by the Texas General Land Office for an expenditure from the coastal erosion response program in the state fiscal biennium beginning September 1, 2011, the City must submit its draft Erosion Response Plan to the General Land Office no later than July 1, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit the draft Erosion Response Plan and related draft amendments to Chapter 10, Code of Ordinances, Beachfront Management and Construction, which are attached to and incorporated into this resolution as Exhibits A & B, to the Texas General Land Office for comment. ERP resolution 06282011 029112 INDEXED ATTEST: Armando Chapa City Secretary APPROVED: 28th day of June, 2011. R. i,ining / First Assistant City Attorney For City Attorney ERP resolution 06282011 Page .2 of 3 THE CITY OF CORPUS CHRISTI Joe A me Mayor Corpus Christi, Texas i gr4 of q/l/ti )L , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez /07 - Mark Scott ATO 74-vdt Did nal- VYE& ERP resolution 06282011 029112 Page•3of3 Page 1 of 27 ORDINANCE ADOPTING THE CITY'S EROSION RESPONSE PLAN; AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, BY DESIGNATING THE EROSION RESPONSE BUILDING SET -BACK LINE OR EROSION SET -BACK LINE, REQUIRING AN EROSION RESPONSE PERMIT FOR CONSTRUCTION SEAWARD OF THE EROSION SET -BACK LINE, AND MAKING OTHER CONFORMING CHANGES TO THE CHAPTER; ADDING THE CITY'S EROSION RESPONSE PLAN AS AN APPENDIX TO THE CITY OF CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE. WHEREAS, a provision of the Coastal Public Lands Act, codified as Section 33.607(e), Texas Natural Resources Code, requires the City to prepare a local erosion response plan for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches; WHEREAS, the local erosion response plan is required to include a building set -back line that will accommodate shoreline retreat; WHEREAS, the local erosion response plan may: (1) Preserve and enhance the public's right of access to and use of the public beach; (2) Preserve critical sand dunes for natural storm protection and conservation purposes; (3) Establish a building set -back line no further landward than the dune protection line established by the local government; (4) Provide for the prohibition of new construction seaward of the building set- back line; and (5) Provide for the acquisition of fee title to or a lesser interest in property seaward of the building set -back line; WHEREAS, under the implementing rules adopted by the Texas General Land Office in 31 TAC 15-17, the local erosion response plan may include: (1) A building set -back Zine that will accommodate a shoreline retreat based upon historical erosion rates as determined by the University of Texas at Austin, DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Exhibit A Page2of27 Bureau of Economic Geology, or other source approved by the General Land Office; (2) A prohibition on new construction seaward of the building set -back line to ensure that to the maximum extent practicable, all structures should be constructed landward of the building set -back line; (3) Consideration of exemptions from the prohibition of residential and commercial construction seaward of the building set -back line for properties for which the owner has demonstrated to the satisfaction of the local government that no practicable alternatives to construction seaward of the building set -back line exist and properties with structures constructed or permitted prior to August 31, 2010; (4) Construction requirements for exempt properties, where the local government allows an exemption from the prohibition for building seaward of the building set- back line; (5) Procedures for preserving and enhancing the public's right of access to and use of the public beach from losses due to erosion and storm damage; (6) Procedures for preserving, restoring, and enhancing critical sand dunes for natural storm protection and conservation purposes; (7) Criteria for voluntary acquisition of property seaward of the building setback line, and procedures for prioritizing properties to be acquired; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Corpus Christi Erosion Response Plan 2011, which is attached to and incorporated into this ordinance as Exhibit A, is adopted. SECTION 2. The list of sections for Chapter 10, Code of Ordinances is revised to read as follows: "Chapter 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION* "Article 1. Definitions "Sec. 10-1. Definitions. "Secs. 10-2--10-10. Reserved. "Article 1I. Administration "Sec. 10-11. Purpose, adoption, compliance, and amendment. "Sec. 10-12. Areas exempt. "Sec. 10-13. Dune protection lines -and beachfront construction line, and erosion set -back line. "Sec. 10-14. Alteration of dunes prohibited without permit. DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 3 of 27 "Sec. 10-15. Acts prohibited without a beachfront construction certificate. "Sec. 10-16. Master planned developments. "Sec. 10-17. Concurrent beach/dune committee. "Sec. 10-18. Application process for beachfront construction certificates and concurrent dune protection permit/beachfront construction certificates. "Sec. 10-19. Contents of applications. "Sec. 10-20. State agency comments. "Sec. 10-21. Issuance or denial of permit/certificate. "Sec. 10-22. Terms and renewal of permits/certificates. "Sec. 10-23. Termination of permits/certificates. "Sec. 10-24. Administrative record. "Sec. 10-25. Reserved. "Article 111. Requirements for Dune Protection Permits "Sec. 10-26. Required findings. "Sec. 10-27. Prohibited activities. "Sec. 10-28. No material weakening. "Sec. 10-29. Mitigation of other adverse effects. "Sec. 10-30. Application fees. "Secs. 10-31--10-35. Reserved. "Article IV. Requirements for Beachfront Construction Certificates "Sec. 10-36. Required findings. "Sec. 10-37. Dedication of equivalent or better access. "Sec. 10-38. Application fees. "Secs. 10-39, 10-40. Reserved. "Article V. Concurrent Requirements for Both Dune Protection Permits and Beachfront Construction Certificates "Sec. 10-41. General erosion protection requirements. "Sec. 10-42. General flood protection requirements. "Sec. 10-43. Variances from federal requirements. "Sec. 10-44. Special requirements for eroding areas. "Sec. 10-45. Application fees. "Secs. 10-46--10-50. Reserved. "Article Vi. Management of the Public Beach "Sec. 10-51. General access policies. "Sec. 10-52. Designation of access ways, parking areas, and beaches closed to motor vehicles. "Sec. 10-53. Abandonments of public access or parking areas prohibited. "Sec. 10-54. Interfering with access prohibited. "Sec. 10-55. Post -storm assessment. "Sec. 10-56. Beach closures. "Sec. 10-57. Littering prohibited. "Sec. 10-58. Camping. "Sec. 10-59. Animal control. "Sec. 10-60. Monitoring. "Sec. 10-61. Beach nourishment standards. DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx "Sec. 10-62. "Sec. 10-63. "Sec. 10-64. "Sec. 10-65. "Sec. 10-66. "Sec. 10-67. "Sec. 10-68. "Secs. 10-69, "Article VII. Traffic "Sec. 10-71. "Sec. 10-72. "Sec. 10-73. "Sec. 10-74. "Sec. 10-75. "Sec. 10-76. "Sec. 10-77. "Sec. 10-78. "Sec. 10-79. "Sec. 10-80. "Sec. 10-81. "Sec. 10-82. Page 4 of 27 Dune restoration standards. Dune walkovers. Standards for beach maintenance and other activities. Glass bottles and glass containers prohibited Vessel operating from Gulf beaches restricted. Fires regulated. Guff of Mexico beach vendors --Special regulations. 10-70. Reserved. Public beach as a street right-of-way. Obstruction of the main traveled roadway. Vehicular operation. Speed limits. Parking. Pedestrian crossings. Vehicle -restricted areas and pedestrian safe areas. Authorized and emergency vehicles. Two-way traffic on beach and access roads. One-way traffic on beach and access roads. Portions of the beach closed. Limits on number of vehicles allowed on beach during special events. "Secs. 10-83--10-85. Reserved. "Article Vill. Fees "Sec. 10-86. Beach user fees. "Sec. 10-87. Use of fee revenue. "Sec. 10-88. Indirect costs and accounting. "Sec. 10-89. Beach parking prohibited without beach parking permit. "Sec. 10-90. Sale of beach parking permits. "Secs. 10-91--10-96. Reserved. "Article IX Penalties "Sec. 10-97. Penalties. "Secs. 10-98--10-100. Reserved. "Article X. General Provisions "Sec. 10-101. Construction. "Sec. 10-102. Boundary determinations. "Sec. 10-103. Beaches presumed to be public. "Sec. 10-104. General prohibition. "Sec. 10-105. Appeals and declaratory judgment suits. "Secs. 10-106--10-110. Reserved. "Article Xi. Beach Festivals "Sec. 10-111. Definitions. "Sec. 10-112. Registration and permit required. "Sec. 10-113. Application for permit --Filing; contents; fee. "Sec. 10-114. Health, sanitation, and fire control requirements. "Sec. 10-115. Agreement as to use of public beach. DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 5of27 "Sec. 10-116. Review and processing of applications. "Sec. 10-117. Hearing. "Sec. 10-118. Denial of permit; grounds. "Sec. 10-119. Scope of permit. "Sec. 10-120. Revocation of permit. "Secs. 10-121--10-130. Reserved. "Article XII. Requirements for Erosion Response Permits "Sec. 10-131. Application process for erosion response permit. "Sec. 10-132. Contents of applications. "Sec. 10-133. Issuance or denial of permit/certificate. "Sec. 10-134. Required findings. "Sec. 10-135. Prohibited activities. "Sec. 10-136. No materia! weakening. "Sec. 10-137. Mitigation of other adverse effects. "Sec. 10-138. Application fees. "Sec. 10-139. Terms and renewal of permits/certificates. "Sec. 10-140. Termination of permits/certificates. "Sec. 10-141. Administrative record." * * * * SECTION 3. Section 10-1 is amended by adding definitions for the terms "erosion response building set -back line or erosion set -back Zine," "erosion response permit," and "erosion response plan," to read as follows: "Sec. 10-1. Definitions. "The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise: "Erosion response building set -back line or erosion set -back line means an imaginary line at least 350 landward of the line of vegetation that is established based on an evaluation of the dune system and University of Texas, Bureau of Economic Geology studies that determine the minimum foredune ridge needed to offer substantial protection from storm surge damage and shoreline retreat. "Erosion response permit means a permit for the construction of any structure seaward of the erosion set -back line that certifies that the structure is authorized under the City's erosion response plan. "Erosion response plan means the City's plan for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches, as mandated by Section 33.607, DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 6 of 27 Texas Natural Resources Code, and 31 TAC 15.17, which is attached to an incorporated into this chapter as appendix XVIII." * * * SECTION 4. Section 10-11(a) and (b), Code of Ordinances, is revised to read as follows: "Sec. 10-11. Purpose, adoption, compliance, and amendment. "(a) These regulations are adopted pursuant to the authority granted local governments under the Open Beaches Act, Chapter 61, Texas Natural Resources Code, the Dune Protection Act, Chapter 63, Texas Natural Resources Code, the Coastal Public Lands Act, Chapter 33, Texas Natural Resources Code, Subchapter 1 of Chapter 16, Texas Water Code, V.T.C.A., Local Government Code Chapters 211 and 212, V.T.C.S art. 6701d (Motor Vehicles), the City of Corpus Christi's Comprehensive Plan and Flood Hazard Prevention Code and other statutes of general applicability. "(b) All persons shall comply with these regulations in authorizing or undertaking any activity affecting dunes seaward of the dune protection liner--er any activity affecting public use of the public beach or any activity affecting public access to and from the public beach, and activity affecting the preservation, restoration, or enhancement of critical sand dunes that provide natural storm protection. A dune protection permit application is required if the site is located seaward of the dune protection line and a beachfront construction certificate is required if the site is located seaward of the beachfront construction line, and a erosion response permit is required if the site is located seaward of the erosion set -back line." * SECTION 5. Section 10-13, Code of Ordinances, is amended by revising the caption, redesignating subsections (c) — (e) as subsections (d) — (f), and adding a new subsection (c), to read as follows: "Sec. 10-13. Dune protection linefand beachfront construction liney and erosion set -back line. "(c) Erosion set -back line. The land area seaward of this line is subject to the Coastal Public Lands Act and associated state and local regulations. The following line is established as the erosion set -back line for the purpose of delineating areas in which construction is likely to effect the ability of the dunes to offer substantial protection from storm surge damage to structures landward of the line or increase the risks that structures may end up on the public beach due to shoreline retreat: DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 7 of 27 "A line running parallel to the beach that is 350 feet landward of the line of vegetation, except in the area landward of the seawall in North Padre Island, line is depicted on maps in Appendix XVIII. "(d) Maps. The dune protection line is depicted on the map attached to these regulations as Appendix ll. The beachfront construction line is depicted on the map attached to these regulations as Appendix III. The erosion set -back line is depicted on maps attached to these regulation in Appendix XVIII. "(d) (e).Review. The location of the dune protection line and beachfront construction line shall be reviewed by the concurrent beach/dune committee (section 10-17) at least once every five (5) years to determine whether the lines are adequately located to achieve their stated purposes. In addition, the adequacy of the location of the lines shall be reviewed by the committee within ninety (90) days after a tropical storm or hurricane affects the portion of the coast lying within the city's jurisdiction. "(e)f&Public hearing. Should the concurrent beach/dune committee determine that either the dune protection or beachfront construction line should be adjusted, the committee shall hold a public hearing to consider adjustments to the lines no sooner than fifteen (15) days after public notice in the newspaper with the largest circulation in the county. The committee shall forward its recommendation and reasons for the recommended adjustment to the City of Corpus Christi City Council. Subsequent to receiving the committee's recommendation, the city council shall hold a public hearing to consider the modifications. Not less than one (1) week nor more than three (3) weeks before the date of the hearing, the city will publish notice of the hearing at least three (3) times in the newspaper with the largest circulation in the county. Written notice will be given the general land office in writing no less than one (1) week nor more than three (3) weeks before the date of the hearing. The notice to the general land office shall include a map or drawing of the proposed line, a written description of the line, or both (including Texas State Plane Coordinates)." SECTION 6. Section 10-14(b), Code of Ordinances, is revised to read as follows: "Sec. 10-14. Alteration of dunes prohibited without permit. "(b) Pursuant to the Dune Protection Act, § 63.052, the following activities are exempt from the requirement for a dune protection permit, but are subject to the requirements of the Open Beaches Act, the Coastal Public Lands Act, and the rules promulgated under the Open Beaches Act and Coastal Public Lands Act, and may include a beachfront construction certificate or a permit pursuant to other city ordinances:" DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 8 of 27 SECTION 7. Section 10-15, Code of Ordinances, is revised to read as follows: "Sec. 10-15. Acts prohibited without a beachfront construction certificate. "No person shall cause, engage in, or allow construction on land adjacent to and landward of public beaches within the area seaward of the beachfront construction line without a beachfront construction certificate. Construction not affecting public beach access and use may nevertheless require a dune protection permit, erosion response permit, or a permit pursuant to other city ordinances." SECTION 8. Chapter 10, Code of Ordinances, is amended by adding a new Section 10-15A to read as follows: "Sec. 10-15A. Acts prohibited without an erosion response permit. "No person may cause, engage in, or allow construction of any structure on land adjacent to and landward of public beaches within the area seaward of the erosion set -back line without an erosion response permit. Construction may also require require a dune protection permit, beachfront construction certificate, or another permit under other city ordinances. SECTION 9. Section 10-44(b), Code of Ordinances, is amended by adding paragraphs (1) and (2), to read as follows: "Sec. 10-44. Special requirements for eroding areas. "(b) In addition to the other requirements of these regulations, in eroding areas, permittees shall: (1) Require that structures built in eroding areas be elevated on pilings under FEMA minimum standards or above the natural elevation (whichever is greater). (2) Require that structures located on property adjacent to the public beach be designed for feasible relocation. * SECTION 10. Chapter 10, Code of Ordinances, is amended by adding a new Article XII to read as follows: DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 9 of 27 "Article XII. Requirements for Erosion Response Permits "Sec. 10-131. Application process for erosion response permit. "(a) Prior to submission of any erosion response permit application, the applicant is encouraged to confer with the planning director's staff on an informal basis to discuss the proposed application and its conformity with the comprehensive plan; the applicable dune protection and beach access plans; the erosion response plan; dune protection, beach access, and erosion response regulations; state law and regulations; and the proposed development's relationship to surrounding property, streets, existing drainage patterns, existingand proposed utilities, etc. "(b) In order to obtain an erosion response permit, the applicant shall make an erosion response permit application, as outlined in section 10-132, if the proposed construction is seaward of the erosion set -back line (including an elevated dune walkover; paved walkways, parking areas, and patios; storage sheds; swimming pools, gazebos, and other accessory structures). "(c) Potential applicants proposing construction seaward of the erosion set -back line may submit descriptions of proposed construction to the planning director as outlined in Appendix XIX. "(d) If the potential applicant seeks to establish that no erosion response permit is required the description shall explain why. The planning director shall determine whether the construction requires an erosion response permit under these regulations. Upon determination that a project does or does not require an erosion response permit under these regulations, the planning director shall notify the potential applicant in writing of such action. "(e) Within three (3) working days of receipt of a erosion response permit application, the planning director shall review the application for completeness. "f1) If an application is incomplete the planning director will notify the applicant of the deficiencies and offer the applicant the opportunity to provide all required information and drawings. "(2) An application for an erosion response permit shall be deemed to have been abandoned two (2) months from the date of filing for the permit, unless all required information and drawings are provided before then. "(f) An application must be considered complete when information requested by planning director has been provided. "(q) Within five (5) days of determining that the application is complete the planning director shall review the completed application. DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 10 of 27 "(h) Within three (3) working days of the date the planning director takes final action on an application, the planning director shall notify the applicant whether the erosion response permit was approved or denied and what conditions, if any, are required. "Sec. 10-132. Contents of applications. "(a) Application forms may be obtained from the planning director. "(b) All of the required information must be submitted with the application before the application is considered submitted for approval. Incomplete applications must be returned to the applicant without action by the planning director. "(c) For a erosion response permit, the applicant shall submit three (3) copies of the erosion response permit application. The erosion response permit application shall consist of: "(1) The name, address, phone number, and, if applicable, fax number of the applicant, and the name of the property owner, if different from the applicant. "(2) A complete legal description of the tract and a statement of its size in acres or square feet. "(3) A description of the proposed construction, including the number of proposed structures and whether the structures are amenities or habitable structures. "(4) Whether the proposed construction will include a dune walkover and whether the dune walkover will be constructed under the dune walkover construction standards in the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. "(5) The height of the lowest habitable floor of the proposed structures and whether it is at or above the FEMA base flood elevation. "(6) A scalable site plan that includes the following: "a. Legal description of the tract, including, where applicable, the subdivision, block, and lot designations. "b. Location of the property lines and a notation of the legal description of adjoining tracts. "c. Location, footprint, and perimeter of the existing and proposed structures on the tract (the location, footprint, or perimeter of a proposed structure is not required for proposed structures located landward of the erosion set -back line). DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 11 of 27 "d. Location of proposed roadways and driveways on the tract (the location of proposed roadways and driveways is not required for proposed structures located landward of erosion set -back line). "e. Location of any seawalls or any other erosion response structures on the tract or any seawalls or other erosion response structures within three hundred fifty (350) feet of the tract, which are located on the properties adjoining the tract. "f. Location of the beachfront construction line, dune protection line, vegetation line, erosion set -back line, erosion area line, or erosion area restriction line, mean high tide line, and mean low tide line. "g. Location of any existing beach access ways that are located either on the property or adjacent to the tract. "h. Location of any future beach access ways, based on elements of the city's comprehensive plan, including the transportation plan or applicable area development plan, that are located either on the property or adjacent to the tract. "i. Location of any existing or proposed walkways, parking areas, patios, or dune walkovers on the tract. "j. Proposed landscaping activities on the tract seaward of the erosion set -back line. "k. If known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract. "I. The location and extent of wetlands. "(7) A grading and layout plan identifying all existing and proposed structures and paved areas, all elevations (in reference to the National Oceanic and Atmospheric Administration datum), existing contours of the project area (including the location of dunes and swalesl, and proposed contours for the final grade. " (8) The approximate percentage of existing and finished open spaces (those areas completely free of structures) seaward of the erosion set- back line. "(9) The floor plan and elevation view of any structures proposed to be constructed or expanded seaward of the erosion set -back line. "(10) The approximate duration of the construction. DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 12 of 27 "(11) Photographs of the site which clearly show the current location of the vegetation line and the existing dunes on the tract. "(12) The effects of the proposed activity an the beach/dune system which cannot be avoided should the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of dune size and shape, and changes in dune hydrology. "(13) A comprehensive mitigation plan which includes a detailed description of the methods which will be used to avoid, minimize, mitigate, and compensate for any adverse effects on dunes or dune vegetation. "(14) For all proposed construction, if applicant already has the following items and information, the applicant shall, in addition, submit a copy of a topographical survey (two -foot contour intervals) of the site. "(d) For all proposed construction, if applicant for an erosion response permit already has the following items and information, the applicant shall, in addition, submit with the other information required above: "(1) The most recent local historical erosion rate data (as determined by the University of Texas at Austin, Bureau of Economic Geology) (usually located in the department) and the activity's potential impact on coastal erosion. "(2) A copy of the FEMA "elevation certificate." "Sec. 10-133. Issuance or denial of erosion response permit. "(a) To determine whether to issue or deny an erosion response permit, the planning director shall review and consider: "(1) The information in the permit or certificate application. "(2) The proposed activity's consistency with these regulations, state law, and the beach/dune rules. "(3) Any other law relevant to dune protection and public beach use and access that affects the activity under review. "(4) The comments, if any, of the City of Corpus Christi staff and the Texas General Land Office. "(5) With respect to dunes and dune vegetation and erosion response permits: DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 13 of 27 "a. Cumulative, direct and indirect effects of the proposed construction on all dunes and dune vegetation seaward of the erosion set -back line. "b. Cumulative, direct and indirect effects of other activities on dunes and dune vegetation located seaward of the erosion set- back line. "c. The pre -construction type, height, width, slope, volume, and continuity of the dunes, the pre -construction condition of the dunes, the type of dune vegetation, and per cent of vegetative cover on the site. "d. The local historical erosion rate as determined by the University of Texas at Austin, Bureau of Economic Geology, and whether the proposed construction may alter dunes and dune vegetation in a manner that may aggravate erosion. "e. All practicable alternatives to the proposed activity, proposed site, or proposed methods of construction. "f. The applicant's mitigation plan for any unavoidable adverse effects on dunes and dune vegetation and the effectiveness, feasibility, and desirability of any proposed dune reconstruction and revegetation "g. The impacts on the natural drainage patterns of the site and adjacent property. "h. Any significant environmental features of the potentially affected dunes and dune vegetation such as their value and function as floral or faunal habitat or any other benefits the dunes and dune vegetation provide to other natural resources. "i. Wind and storm patterns, including a history of washover patterns. "j. Location of the site on the flood insurance rate map. "k. Success rates of dune stabilization projects in the area. "(6) Any other information the planning director considers useful, including resource information made available to them by federal and state natural resource entities. "(b) An erosion response permit that is inconsistent with these regulations, General Land Office rules for Management of the Beach/Dune System (31 TAC §§ 15.1-15.17), the Open Beaches Act (Chapter 61, Texas Natural Resources DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 14 of 27 Code), the Dune Protection Act (Chapter 63, Texas Natural Resources Code), the Coastal Public Lands Act (Chapter 33, Texas Natural Resources Code), and other state, local, and federal laws related to the requirements of the Dune Protection Act, the Open Beaches Act, and the Coastal Public Lands Act, the requirements of which are incorporated into these regulations by reference, may not be issued. "Sec. 10-134. Required findings, "Before issuing a erosion response permit, the planning director must find that: "(1) Any new construction seaward of the erosion set -back line includes the following criteria: "(A) The proposed construction is for or related to a public or private elevated dune walkover, a beach access roadway, public parking facility, or associated public facilities and amenities, which will be constructed under the Texas General Land Office construction standards. "(B) New construction on a lot platted prior to August 31, 2010, and there are no practicable alternatives to the construct the structure or a portion of the structure seaward of the erosion set -back line exist. For purposes of this subparagraph, practicable means available and capable of being done after taking into consideration existing building practices, siting alternatives, FEMA requirements, and the footprint of the structure in relation to the area of the buildable portion of the lot, and considering the overall development scheme for the property. "(C) The applicant will comply with any compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation. "(0) The construction relates to the repair, reconstruction, or modification of an existing structure located seaward of the erosion set -back line prior to August 31, 2010, if any modifications do not increase the footprint of the structure. The structure must not have been damaged more than 50% of its value or destroyed, and the damaged structure may not have been abandoned (e.q., not occupied or used) for more than 12 months. "(2) The following construction requirements have been met: "a. The plans and certifications for the structure have been prepared and sealed by a registered professional engineer licensed in the State of Texas providing evidence of the following: DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 15 of 27 "1. There is a minimum two -foot freeboard above base flood elevation ("BFE") "2. There are no enclosures below BFE. "3. The elevated building foundations are adequate and there is proper placement, compaction, and protection of fill when used as construction for all newly constructed, substantially damaged, and substantially improved buildings elevated on pilings, posts, piers, or columns in accordance with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24-05. "4. It is not feasible to relocation of a habitable structure seaward of the erosion set -back line. "5. All construction is designed to minimize impacts on natural hydrology. "b. All construction will be landward of the landward toe of the foredune ridge, where practicable. "(3) The applicant is taking all steps necessary to preserve, restore, and enhance any critical sand dunes for natural storm protection and conservation purposes that are located on the applicants property, including any common areas in which the applicant has an interest.. The necessary steps must include the following: "a. Restoring and filling in paps and blowouts in the foredune ridge. "b. Planting dune vegetation, using appropriate native plant species. "c. Limiting the use of fertilizer and mowing. "(4) The proposed construction does not involve a prohibited activity as defined in section 10-136. "(5) The proposed construction activity will not materially weaken dunes or materially damage dune vegetation seaward of the erosion response line based on substantive findings under section 10-137. "(6) There are no practicable alternatives to the proposed activity and adverse effects cannot be avoided as provided in section 10-138. DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 16 of 27 "(7) The applicant's mitigation plan will adequately minimize, mitigate, and compensate for any unavoidable adverse effects, as provided in section 10-138. "(8) The proposed activity complies with any applicable requirements of article IV (requirements for beachfront construction certificates), article V (concurrent requirements for both dune protection permits and beachfront construction certificates), and article VI (management of the public beach) of these regulations. "Sec. 10-135. Exemptions. "The following construction seaward of the erosion set -back line do not require an erosion response permit: "(1) The construction has been previously permitted under a dune protection and beach access plan establishing a erosion set -back line certified by the General Land Office prior to August 31, 2010. "(2) The construction relates to a structure located seaward of the erosion set -back line prior to August 31, 2010, for which modifications are sought that do not increase the footprint of the structure. However, a erosion response permit is required for structures seaward of the erosion set -back line that are damaged more than 50% or destroyed before they are repaired or reconstructed. "Sec. 10-136. Prohibited activities. "Erosion response permits authorizing the following actions seaward of the dune protection line may not be issued for: "(1) Activities that are likely to result in the temporary or permanent removal of sand from the portion of the beach/dune system located on or adjacent to the construction site, including: "a. Moving sand to a location landward of the erosion set -back line. "b. Temporarily or permanently moving sand off the site, except for purposes of permitted mitigation, compensation, or an approved dune restoration or beach nourishment project and then only from areas where the historical accretion rate is greater than one (1) foot per year, and the project does not cause any adverse effects on the sediment budget. "(2) Depositing sand, soil, sediment, or dredged spoil which contains any of the toxic materials listed in Title 40 of the Code of Federal Regulations, § 302.4, in concentrations which are harmful to people, flora, and fauna as DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 17 of 27 determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments. "(3) Depositing sand, soil, sediment, or dredged spoil which is of an unacceptable mineralogy or grain size when compared to the sediments found on the site (this prohibition does not apply to materials related to the installation or maintenance of public beach access roads running generally perpendicular to the public beach). "(4) Creating dredged spoil disposal sites, such as levees and weirs, without the appropriate local, state, and federal permits. "(5) Constructing or operating industrial facilities not in full compliance with all relevant laws and permitting requirements prior to the effective date of these regulations. "(6) Mining dunes. "(7) Constructing concrete slabs or other impervious surfaces within three hundred fifty (350) feet landward of the natural vegetation line, except for such a surface that (1) supports and does not extend beyond the perimeter of an existing habitable structure elevated on pilings, provided no walls are erected that prohibit the natural transfer of sand, or (2) does not exceed five (5) per cent of the footprint of the permitted habitable structure it serves. "(8) Depositing trash, waste, or debris including inert materials such as concrete, stone, and bricks that are not part of the permitted on-site construction. "(9) Constructing cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields. "(10) Detonating bombs or explosives. "Sec. 10-137. No material weakening. "The planning director may issue an erosion response permit only if it finds as a fact, after a full investigation, that the particular conduct proposed will not materially weaken any dune or materially damage dune vegetation or reduce the effectiveness of any dune as a means of protection against erosion and high wind and water. In making the finding as to whether such material weakening or damage will occur, the committee shall use the following technical standards. Failure to meet any one (1) of these standards will result in a denial of the application: DRAFT FOR TG LO REVIEW ERP ordinance 06212011.docx Page 18 of 27 "(1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property. "(2) The activity will not result in runoff or drainage patterns that aggravate shoreline erosion. "(3) The activity will not result in significant changes to the natural permeability of a dune or its ability to transmit rainwater to the water table. "(4) The activity will not adversely effect unique flora or fauna or result in significant adverse effects on dune complexes or dune vegetation. "(5) The activity will not significantly increase the potential for washovers or blowouts to occur. "Sec. 10-138. Mitigation of other adverse effects. "(a) The applicant bears the burden of proving no material weakening or damage of critical sand dunes. If the planning director finds that no material weakening of critical sand dunes or material damage to critical sand dunes will occur, as demonstrated by the applicant, the planning director shall then determine whether any adverse effects will result from the activity. If the planning director finds there will be adverse effects on critical dunes or dune vegetation seaward of the erosion set -back line or in critical dune areas, the planning director may issue an erosion response permit only if the applicant demonstrates that adverse effects can be mitigated as required by the mitigation sequence. If the planning director issues an erosion response permit,_ it must include appropriate permit conditions incorporating the requirements of this article. "(b) The mitigation sequence consists of the following requirements: "0) Avoidance. "a. Avoidance means avoiding adverse effects altogether by not taking a certain action or parts of an action. An erosion response permit may not be issued allowing any adverse effects on critical sand dunes or dune vegetation seaward of the erosion set -back line unless the applicant proves there is no practicable alternative to the proposed activity, proposed site, or proposed methods for conducting the activity, and the activity will not materially weaken the critical sand dunes or dune vegetation. The applicant shall include information as to practicable alternatives in the erosion response permit application. "b. To avoid adverse effects on critical sand dunes and dune vegetation seaward of the erosion set -back line as required by subsection (b)(1)a. of this subsection, applicants may not: DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 19 of 27 "1. Construct pipelines, except those that are exempt, seaward of the erosion set -back line unless there is no practicable alternative. "2. Engage in any construction unless it is located as far landward of the critical sand dunes as practicable, except construction providing access to and from a public beach. "3. Construct any road parallel to the beach seaward of the erosion set -back line, nor construct any other road parallel to the beach seaward of the erosion set -back line. "4. Construct new artificial channels, including stormwater runoff channels, unless there is no practicable alternative. "5. Cause any such adverse effects for which the planning director determines there is a practicable alternative that would avoid such adverse effects. "(2) Minimization. "a. Minimization means minimizing effects on critical sand dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. Applicants shall minimize adverse impacts to critcial sand dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. If the planning director determines that adverse effects on critical sand dunes or dune vegetation seaward of the erosion set -back line cannot be avoided, the planning director may issue an erosion response permit allowing the proposed alteration, provided that the permit contains a condition requiring the applicant to minimize such adverse effects to the greatest extent practicable. "b. To minimize unavoidable adverse effects as required by subsection (b)(2)a. of this section, applicants shall: "1. Locate nonexempt pipelines across previously disturbed areas, such as blowout areas, and minimize disturbance of dune surfaces where use of previously disturbed areas is not practicable. "2. Minimize construction and pedestrian traffic on or across dune areas to the greatest extent practicable, accounting for trends of dune movement and beach erosion in that area. "3. Route all pedestrian access to and from beaches through washover areas or over elevated walkways, and DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 20 of 27 conspicuously mark all such access that is public with permanent signs so indicating. "4. Minimize the number of private access ways from any proposed subdivision, multiple dwelling, or commercial facility. In some cases, the minimum beach access may be only one (1) access way. In determining the appropriate grouping of access ways, the planning director shall consider the size and scope of the development. "5. Post signs in areas where pedestrian traffic is high explaining the functions of dunes and the importance of vegetation in preserving dunes. "6. Where practicable, provide vehicular access to and from beaches by using existing roads or from roads constructed in accordance with subsection (b)(1)b.3. of this section, unless public beach access is restricted, and where possible, improve existing access roads with elevated berms near the beach that prevent channelization of floodwaters. "7. Where practicable, locate new beach access roads in washover areas, blowout areas or other areas where dune vegetation has already been disturbed, construct such roads along the natural land contours, and minimize their width. "8. Where practicable, locate new beach access roads at an oblique angle to the prevailing wind direction. "9. Prohibit persons from using or parking any motor vehicle on, through, or across dunes outside designated access ways. "10. Maximize use of natural or existing drainage patterns when providing for stormwater runoff and retention. "11. Locate and construct new artificial stormwater runoff channels and retention basins so as to avoid erosion and unnecessary construction of additional channels and to direct all runoff inland and not to the Gulf of Mexico through dune areas. "(3) Mitigation. "a. Mitigation means repairing, rehabilitating, or restoring affected dunes and dune vegetation. Where adverse effects on critical sand dunes and dune vegetation cannot be avoided or minimized, the DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 21 of 27 planning director shall set appropriate permit conditions requiring that applicants repair, rehabilitate, or restore affected critical sand dunes to at least the same volume as the pre-existing dunes and dune vegetation so that affected dunes will be superior or equal to the pre-existing dunes in their ability to protect adjacent public and private property from potential flood damage, nuisance, and erosion and to protect natural resources. The planning director shall consider the comments from the general land office, federal and state natural resource agencies, and dune vegetation experts in determining the appropriate mitigation method. "b. Applicants may mitigate adverse effects on critical sand dunes using appropriate vegetative or mechanical means. Applicants shall: "1. Restore dunes to approximate the naturally formed dune position or location, contour, volume, elevation, vegetative cover, and sediment content in the area. "2. Allow for the natural dynamics and migration of dunes. "3. Use discontinuous or continuous temporary sand fences or a planning director approved method of dune restoration, where appropriate, considering the characteristics of the site. "4. Restore or repair dunes using indigenous vegetation that will achieve the same protective capability as or greater capability than the surrounding natural dunes. "c. In authorizing or requiring restoration of dunes, the planning director shall give priority to stabilization of blowouts and breaches and priority dune mitigation locations identified in the erosion response plan. Before permitting stabilization of washover areas, the planning director shall: "1. Assess the overall impact of the proiect on the beach/dune system. "2. Consider any adverse effects on hydrology and drainage which will result from the project. "3. Require that equal or better public beach access be provided to compensate for impairment of any public beach access previously provided by the washover area. "(4) Compensation. DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 22 of 27 "a. Compensation means compensating for effects on dunes and dune vegetation by replacing or providing substitute critical sand dunes and dune vegetation. Compensation consists of replacement of the affected critical sand dunes or dune vegetation on the site where the critical sand dunes and dune vegetation were originally located. The planning director shall set appropriate permit conditions requiring applicants to compensate for all adverse effects on critical sand dunes and dune vegetation that cannot be avoided, minimized, or otherwise mitigated. In setting appropriate conditions, the planning director shall consider recommendations of the general land office, federal and state natural resource agencies, and dune vegetation experts. Preference must shall be given to stabilization of blowouts and breaches and priority dune mitigation locations identified in the erosion response plan. "b. Applicants shall follow the requirements of subsections (3)b. -- c. and (4)e.3.-- 5. of this subsection when replacing critical sand dunes or dune vegetation. "c. On-site compensation consists of replacement of the affected dunes or dune vegetation on the site where the dunes and dune vegetation were originally located or filling in voids in the existing critical foredunes. Applicants shall locate compensation efforts on the construction site, where practicable. "d. An applicant may locate compensation efforts off the construction site if the applicant demonstrates that: "1. On-site compensation is not practicable. "2. The off-site compensation will be located as close to the construction site as practicable. "3. The off-site compensation has achieved a 1:1 ratio of proposed adverse effects on successful, completed, and stabilized restoration prior to beginning construction. "4. The applicant has notified FEMA, Region 6, of the proposed off-site compensation. "e. Applicants shall provide the following information when proposing off-site compensation: "1. The name, address, phone number, and fax number, if applicable, of the owner of the property where the off-site compensation will be located. DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 23 of 27 "2. A legal description of property intended to be used for the proposed off-site compensation. "3. The source of the sand and dune vegetation to be used. "4. All information regarding permits and certificates issued for the restoration of dunes and dune vegetation on the compensation site. "5. All relevant information regarding the success, current status, and stabilization of the dune restoration efforts on the compensation site. "6. Any increase in potential flood damage to the site where the adverse effects on dunes and dune vegetation will occur and to the public and private property adjacent to that site. "7. The proposed date of initiation of the compensation. "f. Applicants shall compensate for adverse effects on dune vegetation by planting indigenous native vegetation on the affected dunes. Applicants may not remove existing vegetation from property not owned by the applicant unless the applicant includes in the permit application written permission from the property owner. The permit application must identify the source of any sand and vegetation which will be used in compensation. "g. Applicants shall begin compensation prior to or concurrently with the commencement of construction. If compensation is not to be completed prior to commencement of construction, the applicant shall provide proof of financial responsibility in an amount necessary to complete the compensation, in the form of an irrevocable letter of credit, performance bond, or any other instrument acceptable to the city. "h. Applicants shall notify the department in writing of the actual date of initiation within ten (10) working days after compensation is initiated. If the applicant fails to begin compensation on the date proposed in the application, the applicant shall state the reason for the delay. The planning director shall take this reason into account when determining whether an applicant has violated the compensation deadline. "i. Applicants shall conduct compensation efforts continuously until the repaired, rehabilitated, and restored dunes and dune vegetation are equal or superior to the pre-existing dunes and dune DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 24 of 27 vegetation. These efforts shall include preservation and maintenance pending completion of compensation. "j. A compensation project is deemed complete when the position, contour, volume, elevation, and vegetative cover of the restored dunes are equal or superior to the pre-existing dunes and dune vegetation. "k. The applicant shall be deemed to have failed to achieve compensation if a 1:1 ratio has not been achieved within three (3) years after the beginning of compensation efforts. "Sec. 10-139. Application fees. "(a) The application fees for an erosion response protection permit is $500.00. "(b) The application fees must be paid before an application is accepted for review. "Sec. 10-140. Terms and renewal of erosion response permits. "(a) An erosion response permit is valid for one (1) year from the date of issuance of the erosion response permit or the date of issuance of the first building, electrical, gas, mechanical, or plumbing permit by the Building Official. "(b) The planning director may renew an erosion response permit for a period not exceeding ninety (90) days if the activity as proposed in the application for renewal complies with these regulations and the applicant supplements the original application materials with additional information indicating any changes to the activity or information. Only two (2) renewals shall be issued for each permit or certificate. Thereafter, the applicant must apply for an erosion response new permit. "(c) If the proposed construction is changed in any manner that causes or increases adverse effects on dunes, dune vegetation, or public beach use and access, the applicant is not be eligible for a renewal but must apply for a new permit or certificate. "(d) For the purposes of this section, a plat is required for property located with the extraterritorial jurisdiction of the city, if the property on which the project will be developed is a portion of a tract of land that has been subdivided since the tract was last platted or replatted, if the owner of the tract of land, at the time the property was subdivided was required to file a plat under an applicable state law. "(e) For the purposes of this section, a plat is required for property located within the city limits, if the property on which the project will be developed is a portion of DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 25 of 27 a tract of land that has been subdivided since the tract was last platted or replatted. "Sec. 10-141. Termination of erosion response permits. "(a) An erosion response permit is voidable if the planning director finds that: "(1) The erosion response permit is inconsistent with state law, the erosion response rules, this subchapter or the city's comprehensive plan at the time the permit was issued. "(2) A material change occurs after the erosion response permit is issued. "(3) An applicant fails to disclose any material fact in the application. "(b) "Material change" includes, in the opinion of the planning director, human or natural conditions which have adversely affected dunes, dune vegetation, or beach access and use that either did not exist at the time of the original application, or were not considered by the planning director in making the permitting decision because the applicant did not provide information regarding the site condition in the original application. "(c) An erosion response permit automatically terminates if construction comes to lie within the boundaries of the public beach by artificial means or by natural causes. "(d) Every erosion response permit, which does not require the platting of property or issuance of a building, electrical, gas, mechanical, or plumbing permit, becomes invalid if the work authorized by the permit or certificate is not commenced within two (2) months after the issuance of the erosion response permit. "(e) Every erosion response permit, which requires the platting of property or issuance of a building, electrical, gas, mechanical, or plumbing permit, becomes invalid unless the plat, if required, is filed and any required building, electrical, gas, mechanical, or plumbing permit obtained within six (6) months of the issuance of the erosion response permit. "(f) An erosion response permit becomes invalid if the work authorized by the erosion response permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. "Sec. 10-142. Administrative record. "(a) The planning director shall compile and maintain an administrative record which demonstrates the basis for each final decision regarding issuance or denial of an erosion response permit. The administrative record shall include copies of the following: DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 26 of 27 "(1) All materials received from the applicant as part of or regarding the erosion response permit. "(2) The transcripts, if any, or the minutes and/or tape of all meetings during which the erosion response permit was considered. "(3) All comments received regarding the erosion response permit. "(b1 The planning director shall keep the administrative record for three (3) years from the date of a final decision on an erosion response permit. The planning director shall, upon request of the Texas General Land Office, send to the Texas General Land Office, upon request by either agency, a copy of those portions of the administrative record that are requested for review. The planning director shall provide to the applicant upon request copies of any materials in the administrative record regarding the erosion response permit not submitted to the department by the applicant in the application." SECTION 11. The City of Corpus Christi Dune Protection and Beach Access Plan, codified as Chapter 10, Beachfront Management and Construction, Code of Ordinances, is amended by adding the Corpus Christi Erosion Response Plan 2011, as adopted by Section 1 of this ordinance, as Appendix XVIII. SECTION 12. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 10-97 of the City Code of Ordinances. SECTION 13. 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 14. 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 15. 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 DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx Page 27 of 27 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of , 2011: R. Jay Reining First Assistant City Attorney For City Attorney DRAFT FOR TGLO REVIEW ERP ordinance 06212011.docx DRAFT 6/28/2011 Corpus Christi Erosion Response Plan This study was funded in part by a National Oceanic and Atmospheric Administration grant through the Texas General Land Office Exhibit B Adopted by the Ordinance: DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page ii Table of Contents Introduction 1 Setback Line Determination 4 Setback Line Goals 4 Assessment of Erosion Rates 4 Exhibits 1 thru 7: 5 Exhibits 8 and 9: 5 Exhibits 10 thru 12: 5 Exhibits 13 thru 17: 6 Exhibits 18 thru 20: 6 Projected Shoreline 6 Foredune Ridge Dune System Assessment 6 Exhibits 1 thru 7: 8 Exhibits 8 and 9: 8 Exhibits 10 thru 12: 9 Exhibits 13 thru 17: 9 Exhibits 18 thru 20: 9 Federal Emergency Management Agency (FEMA) 9 Line of Vegetation (LOV) 10 Setback Line 11 Useable Public Beach 11 Allowed Construction Seaward of the Setback Line 12 Goals for Enhancement of the Dune System and Beach 14 Dune Goals 14 Beach Goals 14 Vegetation Goals (Seaward of the Setback Line) 15 Sand Fencing 15 Mitigation 15 Definition of Mitigation 15 Scope of Mitigation 16 Mitigation Location 16 Dune System - Mitigation Prioritization 16 Enhancement of Public Beach Access 17 Existing Public Beach Access Inventory 17 Existing Standard for Access along the Public Beach 18 Existing Beach Access Road Design 18 DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page iii Recent Enhancements to Public Beach Access 19 Zahn Road Improvements 19 Packery Channel Recreational Improvements 20 Beach Renourishment / Padre Island Seawall 20 Seawall Parking Lot 20 Whitecap Boulevard Resurfacing and Sidewalk Improvements 20 Priority for Beach Access Improvements 21 Short Term Goals (two years or less) 21 Long Term Goals (greater than two years) 22 Post Storm Recovery 22 Access Inventory 22 Figures Figure 1: Malibu Beach, California 2 Figure 2: West Galveston, Texas 2 Figure 3: Erosion Rates Table 4 Figure 4: Beach Dune System 6 Figure 5: Hurricane Ike Dune Erosion 7 Figure 6: Blowing Wind Eroding the Dune System 8 Figure 7: Washover Areas on Mustang Island 10 Figure 8: Beach Access Road Alignment 19 Appendix Appendix 1: Packery Channel Development Plan Appendix 2: Dune Assessment and Mitigation Map Exhibits 1-20 Appendix 3: Beach Access and Mitigation Map Exhibit 21 DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page iv Introduction The Texas General Land Office (GLO) has adopted a rule specifying that local governments with jurisdiction in the coastal management zone along the Gulf of Mexico Shoreline must forward a recommended/adopted Erosion Response Plan to the GLO by July 11, 2011. The Erosion Response Plan (ERP) requirement is in response to amendments to the Texas Natural Resources Code passed by the 81st Legislature which make Erosion Response Plans a "...required element in consideration for award of funds for Coastal Erosion Planning and Response Act (CEPRA) Projects by the Commissioner." The ultimate purpose of the plan is to minimize future storm damage to public and private property along the Gulf Coast within the local government's jurisdiction. The City of Corpus Christi's jurisdiction, including inside city limits and the Extraterritorial Jurisdiction (ETJ), contain 25 miles of public beach. There are currently 20 miles of public gulf beach inside city limits and 5 miles of gulf beach in the City's five mile extraterritorial jurisdiction. Of the 25 miles of public beach only 6 miles or 24% of the City's beach frontage abuts private lands. This plan is an addendum to Chapter 10: Beachfront Management and Construction in the City's Code of Ordinances. Chapter 10 addresses Beachfront Construction Certificates which are required by state statue for construction activities to protect the public's right of access to and along Gulf of Mexico Beaches. The Beachfront Construction area is generally located between mean high tide and the first paralleling public road or 1,000 feet landward of mean high tide, whichever is greater. There are two exceptions where a Beachfront Construction Certificate is not required: Mustang Island State Park; and the Padre Island National Seashore. Chapter 10 also addresses protection of the beach dune system through the Dune Protection Permit. The City has been granted Dune Protection Permit authority in Kleberg County but Nueces County has not granted Dune Protection Permit authority to the City within Nueces County. However, Chapter 10 is constructed to automatically accommodate Dune Protection Permit authority should Nueces County authorize the City of Corpus Christi to issue Dune Protection Permits in Nueces County. The Dune Protection Permit area is an area that is 1,000 feet landward of mean high tide, except for the area adjacent to the North Padre Island sea wall. Adjacent to the seawall, the Dune Permit area is between mean high tide and the "toe" of the seawall. A Dune Protection Permit is not required for either Mustang Island State Park or the Padre Island National Seashore. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 1 In order to develop the Erosion Response Plan, the Texas General Land Office (GLO) and City Staff compiled a work program and subsequently obtained a GLO grant. The City provided an in-kind match consisting of mapping, research, formulating the plan and other tasks necessary for developing the plan. The primary reason for completing an Erosion Response Plan (ERP) is to reduce future storm damage and to protect public access to the Gulf Beach for future generations. In Figure 1, the picture of the famous Malibu Beach memorialized by the Beach Boys in the 1960s clearly makes the point that effective measures to protect the dune system, the public beach and future public access are justified. Figure 2, illustrates that the issues of dune protection and protection of beach access are close to home here in Texas. An important secondary reason for completing a local ERP is so that the City will continue to be eligible for Texas General Land Office coastal management grants. A criterion for the award of future grants is that the city must have an Erosion Response Plan approved by the Texas General Land Office. Texas Administrative Code 15.41 contains a two stage Figure 1: Malibu Beach, California Figure 2: West Galveston, Texas DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 2 evaluation process for Coastal Erosion Studies and Projects with the second stage establishing whether a "...local government has implemented an Erosion Response Plan for reducing public expenditures due to erosion and storm damage losses." The essential elements that are included in this Erosion Response Plan, per the work program developed by the GLO and the City, include the following: • A construction setback line landward of the vegetation line; • Criteria for establishing the setback line; • Criteria for construction within the setback area; • Allowances for exemptions to the setback criteria for existing structures or where there is no practicable alternative; • Conditions for construction of exempt structures; • An inventory of all existing and proposed public beach access amenities and access ways; • Procedures for preserving and enhancing the public's right of access to and use of the public beach after a storm event; • Post storm damage assessment and requirements for rehabilitation; • Procedures for preserving, restoring and enhancing critical sand dunes for natural storm protection; • Requirement for public input and public meetings prior to City Council action; and • Ensuring the City's Chapter 10 Beachfront Management and Construction code or any other City codes are changed for consistency with the Erosion Response Pian. Creation of this plan required the City to review the Bureau of Economic Geology's 50 year erosion rates (2004) for consistency with the most recent natural or manmade beach erosion trends. As part of this review staff obtained scientific assistance from local, state and national experts and or studies of sea level rise and coastal erosion. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 3 Setback Line Determination A key finding of this plan is the determination of the setback line. The setback line is measured from the line of vegetation on the beach landward to a specified point which will become known as the Erosion Response Plan Setback Line. The purpose of the setback line is to minimize storm damage to structures on the island by preserving the area seaward of the Setback Line and minimizing the number of structures in the area. The plan is also intended to target for improvement, those foredune areas where the dune system is narrow or contains the lowest elevation of dunes, presenting the weakest protection against storm surge. Setback Line Goals • Minimize future storm and flood losses; • Allow development to occur while providing sufficient seaward lands to accommodate public access along the gulf beach; • Preserve sufficient dune system width to sustain the existing and future critical dune system; • Identify criteria, uses and structures where no practicable alternative exists for construction seaward of the setback line. Assessment of Erosion Rates The criteria for establishing the setback line is based on scientific studies of the shoreline erosion along the Texas Coastline based during the last 50 years (Bureau of Economic Geology). State law provides that a determination of erosion rates shall be based on the University of Texas at Austin, Bureau of Economic Geology (BEG) or other sources approved by the Texas General Land Office. Figure 3 is an adaptation from the Erosion Rate Analysis Erosion Rates Accretion Rates (Ft/Yr) (Ft/Yr) Mean Shoreline Change (average of % of % of all transects Coast Coast Shoreline Trend in ft/Yr) Eroding Max Mean Accreting Max Mean Texas Shoreline (1850- 2000) -2.3 64.0 -30.2 -5.9 36.0 48.8 3.0 Mustang Island -2.4 95.5 -6.7 -2.6 4.5 5.5 2.0 North Padre Island -2.7 92.7 -6.6 -3.0 7.3 0.7 0.3 Note: Mustang Island is the area north of Packery Channel to the Port Aransas City Limits. Figure 3: Erosion Rates Table DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 4 State Erosion Response Plan modified to include a summary of Mustang Island and North Padre Island erosion and accretion rates. An analysis of the shoreline 50 year erosion rates indicates that over 90% of the gulf shoreline in the City and its Extraterritorial Jurisdiction is eroding compared with 64% of the Texas Gulf Coast. However, the average erosion rate on the two islands (Mustang Island and Padre Island, -2.7 and -2.4 feet per year) is significantly less than the average rate of 5.9 feet per year for the Texas Coast. The following is a brief summary of the Bureau of Economic Geology's erosion rates depicted on 20 map exhibits in Appendix 2: Dune Assessment and Mitigation Maps. Exhibits 1 thru 7: Starting with the southern portion of the study area, Exhibits 1 thru 7 are located in Kleberg County with Exhibits 1 thru 4 encompassing a portion of the Padre Island National Seashore. Overall, Exhibits 1 thru 7 show a gradually increasing erosion rate in a south to north direction along the public beach. The most southerly point in Exhibit 1 shows the highest accretion rate in the first seven Exhibits with a change rate of +0.71 feet per year. Exhibit 1 also is the only exhibit in the study area with more accretion change rates than erosion change rates. However, erosion begins to dominate change rates starting with Exhibit 2 and continuing to Exhibit 7. Erosion rates gradually increase proceeding northward to a point in Exhibit 7 where erosion is over -4 feet per year. Exhibits 8 and 9: Exhibits 8 and 9 are located immediately south of the Kleberg and Nueces County Line. Erosion rates quickly increase to the -5 and -6.5 foot plus range. However, erosion rates begin to creep back downward at the northern end of Exhibit 9, where rates fall under -6 feet per year. Exhibits 10 thru 12: Exhibits 10 thru 12 encompass beaches abutting Padre Bail' Park (Exhibit 10), the Padre Island Sea Wall (Exhibit 11 and 12), and Packery Channel / State land leased to the City (Exhibit 12). Erosion rates are generally in the -4 and -5 foot range with a few exceptions. The Erosion Rates published by the Bureau of Economic Geology for the areas on either side of Packery Channel do not take into account the 2003 construction of Packery Channel jetties. Recent studies of the area suggest that erosion south and north of the jetty has been reduced or even changed to an accreting beach. The City is monitoring beach erosion in the area and recent aerial photos of the jetties also depict an accumulation of beach sand. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 5 Exhibits 13 thru 17: County park land is located in Exhibit 13 and Mustang Island State Park beaches appear in Exhibits 14 thru 17. Except for 0.25 miles on either side of the Fish Pass in Exhibit 16 showing accretion rates, the beaches in this area are eroding. Erosion rates north of the Fish Pass increase significantly from a low near the Fish Pass of -0.17 feet per year to -1.94 feet per year at the north end of Mustang Island State Park. Exhibits 18 thru 20: For Exhibits 18 thru 20 on Mustang Island, the erosion /accretion rates fluctuate from -1.0 to 1.5 feet per year. However, there are a few exceptions located on the northern edge of the study area (Exhibit 20) which exceed -1.5 feet with a maximum rate of - 2.32 feet per year. Projected Shoreline The map exhibits in Appendix 2, contain the Bureau of Economic Geology's projected 2060 shoreline that incorporates predicted erosion rates and sea level rise data. Each of these data items provides an indicator of future change along the shoreline based on scientific data and begins to paint a picture of the future of the shoreline in terms of factual, measurable and quantitative data. For additional information, see the Texas Erosion Response Plan located on the Texas General Land Office website: http://www.glo.texas.gov/what-we-doJcaring-for-the-coast/ documents/coastal- erosion/response-plans. Figure 4: Beach Dune System Typical cross section of o Texas bonier Island. Acluol conditions moy vary. Foredune Ridge Dune System Assessment While many factors impact the viability and strength of the dune system, this study addresses the minimum desired height, width and vegetative cover of the foredune ridge in the dune system and the minimum desired beach width. Studies have shown that a foredune ridge of approximately ten feet in height offers significant protection to DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 6 beachfront construction.1 In a study prepared in 2009 for the Texas General Land Office (TGLO), one of the conclusions was that damage to beachfront construction will be minimal where there is a ten foot high foredune ridge with a width of approximately 200 feet. Figure 3, taken from the TGLO2 Dune Protection and Improvement Manual, illustrates a typical cross section of the dune system on the Texas coast. The barrier island, and in particular the foredune ridge, is the first line of defense from the impact of a hurricane and associated storm surge. Figure 4: Washover Damage to the Dune System Regarding beach width, a wide beach can keep the storm waters or storm surge from cutting away the base of the dune system. After Hurricane Ike in 2008, there was a clear shearing away of coppice mounds to the Line of Vegetation (LOV). The beach typically will act as a buffer where sediment can be deposited and the wind can then transport the sediment toward the dune system. Figure 5: Hurricane Ike Dune Erosion Where the beach has eroded away and is very e .;: FAM -7, x' - >,, narrow, normal wave action 1 "Defining and Mapping Foredunes, the Line of Vegetation, and Shorelines along the Texas Gulf Coast", James C. Gibeaut, Harte Research Institute for Gulf of Mexico Studies, Texas A & M University -Corpus Christi and Tiffany L. Caudle, Bureau of Economic Geology, Jackson School of Geosciences, The University of Texas at Austin. 2 Texas General Land Office Dune Protection and Improvement Manual for the Texas Gulf Coast, Fifth Ed., page 4. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 7 can erode away the base of the foredune ridge much like a sand castle on the beach is washed away with an incoming tide. Figure 6: Blowing Wind Eroding the Dune System Vegetative cover holds the dune system in place. Where the dune system contains less than 75% coverage, the dune system is much more susceptible to creation of a "blow out" from high winds. Figure 6, from the GLO Dune Protection and Improvement Manual helps to illustrate how a sparsely vegetated dune is eroding by coastal winds. Healthy dune vegetation helps to protect dunes, by catching blowing sand and creates biological diversity. The following is a brief description of the height, width and vegetative coverage characteristics of the foredune ridge illustrated on Exhibits 1 thru 20. Aerial photos or field surveys where used to assess dune vegetative coverage.3 Exhibits 1 thru 7: Exhibits 1 thru 7 show a nearly continuous line of dunes of 15 to 20 foot in height exist. The width of the dune system varies widely but is generally at least 200 to 400 feet or more in width. Exhibits 8 and 9: Dunes in Exhibits 8 and 9 are characterized by dune heights of 8 to 15 feet with an occasional dune of 20 feet in height. The width of the foredune ridge is approximately 200 to 300 feet in width and vegetative cover is over 75% or more based on 2009 aerial photos. 3Aerial photos were not available for Exhibits 1 and 2.2003 aerial photos where used to evaluate vegetative cover for Exhibits 3-9. 2009 Aerial photos where used to evaluate vegetative cover in the dune system for Exhibits 10-20. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 8 Exhibits 10 thru 120 Except for the area behind the Padre Island Sea Wall, the dune system is approximately 15 feet in height with a trend toward a taller and wider dune system in Exhibit 12. The width of the foredune ridge is in the 200 to 350 foot width range. Vegetative cover appears to be over 75% except in the dune enhancement area on the north side of Zahn Road. The dune enhancement area is part of a Dune Protection Permit for the Preserve at Mustang Island subdivision. Currently, the vegetative cover is approximately 50% and expected to fill in over the next year as part of the compliance for the existing Dune Protection Permit. Exhibits 13 thru 17: Exhibits 13 - 17 encompass County Park land and Mustang Island State Park (Exhibits 14-17). Two historical washout areas also exist, Newport Pass (Exhibit 13) and Corpus Christi Pass (Exhibit 14). The foredune ridge in these exhibits is not as continuously parallel with the line of vegetation as in Exhibits 1-12. Exhibits 13 and 14 show a combination of dune heights from 8 to 20 feet in height with a foredune ridge of approximately 350 feet wide. A varying pattern in the foredune ridge can be observed in Exhibits 14 thru 17 with isolated 15 and 20 foot high dunes. In several areas a line of 15 to 20 foot high dunes have migrating in a finger like pattern to the west. North of the Fish Pass in Exhibits 16 and 17 the foredune ridge appears to grow in height with a slightly more defined 200 to 250 wide foredune ridge parallel with the Line of Vegetation. Vegetative cover appears to be nearly continuous at 75% coverage or more. Exhibits 18 thru 20: Exhibits 18 through 20 encompass private lands north of Mustang Island State Park. The foredune ridge is characterized by a shorter dune system in the south half of Exhibit 18 with dunes of about 8 to 10 feet in height with several isolated taller 15 to 20 foot dunes. About mid -point in Exhibit 18 the dune heights increase to 15 to 20 feet in height and continue thru Exhibits 19 and 20. The width of the Foredune Ridge appears less defined but ranging from 200 feet to 400 feet in width. The Foredune Ridge is not continuous, but contains several gaps or breaks with shorter dune heights. Vegetative cover appears to be 90 to 100% excluding areas of development. Federal Emergency Management Agency (FEMA) The Federal Emergency Management Agency (FEMA) flood zone determination maps indicate that the foredune ridge is located in a Velocity Zone 14 (Elevation 14 feet). A velocity zone is an area predicted by FEMA, to contain high velocity flowing flood water during a major storm event. Within a V -Zone along the Gulf Beach the minimum DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 9 designated structural height, measured from the lowest horizontal structural member, is 14 feet above mean sea level. Given that dune systems of at least 10 feet in height and 200 feet in width offer substantial protection from storm losses and that FEMA requires a minimum base flood elevation for structures of 14 feet in the V -Zones within the foredune ridge, this plan establishes the minimum design criteria for a dune system as a dune system with a foredune ridge height of 14 feet mean sea level (msl) and a minimum desirable width of the dune system of 350 feet with at least 85% vegetative coverage. This criteria is defined as having been achieved if within any 100 foot segment, measured linearly along the public beach, there are dunes of the prescribed height, the dune system contains the required width, and the dune system is at least 85% vegetated. Studies by the BEG have shown that natural washouts provide a valuable function to allow flood waters to flow past the dune system or to allow flood waters to recede back out to the ocean. Where it can be demonstrated that an area's lack of a dune system meeting minimums for height, width and vegetative cover are due to the area being part of a natural washout, the area will not be targeted for mitigation. 4 Lane of Vegetation (LOV) The beach setback line in Nueces and Kleberg Counties within the Corpus Christi jurisdiction shall use the Line of Vegetation (LOV) obtained from the most current available registered aerial photos. For purposes of this study, 2003 and 2009 aerial photos have been use to delineate the Line of Vegetation. c;orpifs IV1I-•i Christi ,s Figure Figure 7: Washover Areas on Mustang Island Vegetative cover of fully developed dune systems within the study area consistently contained vegetative cover that ' Mapping and Characterization of Significant Washover Features: Texas Gulf Shoreline, Kimberly K. McKenna, P.G., Final Report of the Texas General Land Office, August 2007. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 10 approached 100%. Based on the high existing vegetative coverage of the existing dune system, the minimum plan criteria for vegetative cover system shall be 85% coverage not including washout areas, channels, or public beach access ways. Setback Line (SBL) Based on the evaluation of the dune system and BEG studies indicating that a minimum foredune ridge of at least 200 feet offers substantial protection from stormsurge damage, a 350 foot Setback Line is established. The 350 foot setback line shall be measured landward of the Line of Vegetation but shall not extend beyond the 1,000 foot Dune Protection Line. In addition, the setback line shall not apply to exempted areas (Federal or State lands) or landward of the toe of the seawall on North Padre Island. Useable Public Beach Given the prediction of sea level rise and erosion of the public gulf beach, a minimum desired standard for public beach width is also established by this plan. Establishing the criteria for what is the public beach is also addressed in Gibeaut and Caudle's study. According to the study, the useable portion of the public beach can generally be defined as that area between the Line of Vegetation and the wet/dry line of the aerial photography. These two points are generally located between the 4 foot and 2 foot elevations on the beach except for the mid -Texas coast line which may have a higher elevation. Many studies note that a wide beach in addition to a healthy dune system provides protection from erosion caused by seasonal high tide and storm surge events. After review of the GLO LIDAR Contour Lines and 2009 aerial photos, the continuous6 Line of Vegetation (LOV) varies between the 8 foot contour and the 12 foot contour in Nueces and Kleberg Counties. Therefore, a visual determination of the Line of Vegetation from aerial photos has been used to establish the Line of Vegetation on North Padre Island and Mustang Island. The GLO LIDAR 2 foot contour line compared with the 2009 Aerial Photo wet/dry line appeared to be a good match for purposes of determining the mean high tide line. For purposes of this plan, the 2 foot contour line will be used to establish mean high tide and the seaward boundary of the Beachfront Construction and Dune Protection areas. 5 Defining and Mapping Foredunes, the Line of Vegetation, and Shorelines along the Texas Gulf Coast James C. Gibeaut, Harte Research Institute for Gulf of Mexico Studies, Texas A&M University -Corpus Christi, Tiffany L. Caudle, Bureau of Economic Geology, Jackson School of Geosciences, The University of Texas at Austin, 2009, 6 Line of Vegetation - The extreme seaward boundary of natural vegetation which spreads continuously inland. The line of vegetation is typically used to determine the landward extent of the public beach. Title 31. Natural Resources and Conservation Part 1.Chapter 15.Subchapter A.15.2(41) DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 11 In the study area the average width of the public beach, measured between the mean high tide to the line of vegetation, on Mustang Island is 194 feet wide (not including Mustang Island State Park) and on North Padre Island is 280 feet wide (Nueces County only). For purposes of assessment of the beach, a minimum desirable beach width to protect the foredune ridge shall be at least 100 feet in width measured from mean high tide (2 foot contour) to the line of vegetation. It is noted; however, that the minimum width established by this plan will not be used as a standard to allow mitigation and placement of beach maintenance materials in a method that will minimize the public beach easement. The minimum width standard will be used to assess areas where the beach has narrowed due to erasion and will assist the City in prioritizing areas where beach renourishment may be needed to widen the beach. Allowed Construction Seaward of the Setback Line 1) Dune Walkovers, beach access roadways, public parking and associate public facilities, constructed in accordance with the Texas General Land Office construction standards, are allowed structures. 2) Reconstruction of existing nonconforming structures is allowed provided that the footprint of the structure is not expanded, the use of the structure has not ceased to exist or is abandoned for a period of more than 12 months and that the structure has not been damage or destroyed by whatever means by more than 50% of its value. 3) New construction is allowed provided that the lot or tract has been platted prior to August 31, 20107 and there is no other practical alternative for construction and that the construction meets FEMA requirements. For allowed construction, under items 2) and 3) above, the allowed construction shall be subject to the following additional requirements: 1) Plans and certifications for the structure shall be sealed by a registered professional engineer licensed in the State of Texas; 2) The Plans and specifications shall: a. Require habitable structures to contain a minimum of two -foot freeboard above Base Flood Elevation (BFE) to the finished floor elevation of the lowest habitable floor; Adoption date of State Statute for the Coastal Public Lands Act, codified as Section 33.607(e), Texas Natural Resources Code DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 12 b. No enclosures below Base Flood Elevation area allowed except those allowed by FEMA; c. Be consistent with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24-05; d. Require all habitable structures to be feasibly relocateable; and e. All construction shall be designed to minimize impacts to natural hydrology. If the construction does not meet conditions 1, 2 or 3 under Allowed Construction, then the location of all construction should be landward of the landward toe of the foredune ridge, and as far landward as practicable. The "landward toe of the foredune ridge" is defined as the 350 foot Setback Line. Exempt Construction The requirement for a dune protection permit and/or a beachfront construction certificate shall not apply to: 1) State or national parks, wildlife refuges, preserves, or other designated state or national natural areas provided that this exemption does not apply to state lands used for nongovernmental purposes requiring a Development Plan under Texas Natural Resources Code, § 31.161 et seq. 2) Routine repairs, maintenance and upkeep of existing structures, which do not enlarge or expand the existing structure except as provided in this section. 3) Construction located landward of the toe of the North Padre Island Seawall (concrete and wooden seawalls) shall be exempt from the setback requirements and the Dune Permit because the manmade structure of the seawall has eliminated the natural beach profile necessary for dune system formation and that a sand dune system does not exist landward of the seawall. 4) A Beachfront Construction Certificate is not required landward of the concrete seawall on North Padre Island as the City has constructed a public parking lot with approximately 300 parking spaces to satisfied the requirements for beach access along the concrete sea wall. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 13 Goals for E: hancement of the Dune System and each Doane Goals Promote the formation of a continuous foredune ridge of at least 14 feet in height, with a minimum width of 350 feet wide measured perpendicular to the gulf beach and which contains at least 85% of vegetative cover. • Use seaweed as a means to fill-in designated mitigation areas. However, seaweed placement as a "front stacking technique" along the seaward face of dunes must not be placed on existing dune vegetation landward of the Line of Vegetation, as the seaweed will block sunlight to the living vegetation and the vegetation may die. Front stacking of seaweed poses a risk of narrowing the public beach, therefore, front stacking of seaweed must be considered a temporary location (two to three months) for seaweed until the seaweed has dried out and can be redistributed back onto the beach. • "Back stacking" of seaweed to fill in low dune areas is a preferred method of seaweed disposal under certain conditions. Back stacking of seaweed in locations that are generally behind the seaward face of the Foredune Ridge. Two key factors in determining if "Back stacking" is an appropriate technique are getting physical access to the low area without destroying portions of the foredune ridge and getting the property owner's permission to backstack. Beach Goals The minimum desirable width of the public beach should be at least 100 feet in width from the Line of Vegetation seaward to mean high tide. • Motor vehicles are not allowed to operate within 50 of the waters edge of any gulf beach and the minimum two-way travel width for motor vehicles is 24 feet provided that the two-way travel lanes are not within 20 feet of the Line of Vegetation. • Beach cleaning methods shall be in accordance with a Corp of Engineers Permit and use the least impactive method for removal of seaweed and liter in order to prevent the grading down of public beach and or narrowing of the public beach. • Maintaining the public beach in a natural state without mechanized beach leaning is encouraged in areas of low usage or where the beach abuts low density development or undeveloped land. The public goal for these areas should be to keep two travel lanes open for beach access. • The City should conduct an assessment of the public beach width at least every five years unless there is evidence of significant erosion then annual assessment maybe necessary. Portions of the public beach that currently warrant an annual DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 14 assessment include the beach in front of the seawall and the beach between the Packery Channel and the State Park. Vegetation Goals (Seaward of the Setback Line) Mowing / cutting of vegetation within the setback area will not be allowed except for exempt areas. For mitigation projects requiring revegetation appropriate dune vegetation includes: • Seaward face of dunes: Bitter Panicum (grass), Sea Oats (grass), Marsh Hay Cordgrass (grass), beach morning glory (vine) and seagrapes (vine). • Landward side of dunes: Low -growing plants and shrubs found on the back side of the dunes include seacoast bluestem, cucumber leaf sunflower, rose ring gallardia, partridge pea, prickly pear, and lantana. Many of these are flowering plants, an attractive alternative to dune grasses though less effective as dune stabilizers.8 • Native Hay: A sometimes more effective technique is to place a three to six inch layer of native hay, composed of the above listed dune vegetation, on bare sand areas. This technique provides immediate protection from blowing sand and will start the natural process of re -seeding from the seeds in the hay. The hay must be harvested in the fall when the mature seeds are present. The best time to cut the hay and place the layer of hay is in the fall and winter. This technique is generally less costly and more effective than traditional methods since the grass is readily available on the island and due to the large quantity of seeds compared to individual hand plantings. Sand Fencing Encourage the use of sand fencing, in limited applications, to build up the dunes were revegetation alone is unlikely to be sufficient to create the appropriate height and width of the dune system. Sand fencing should be used as a first step toward building up low areas and creating coppice dunes, prior to revegetation. Mitigation Definition of Mitigation Mitigation may be any construction project which either enhances the dune system or beach access, consistent with this plan. S Coastal Dunes: Dune Protection and Improvement Manual for the Texas Gulf Coast. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 15 Scope of Mitigation Mitigation construction projects will usually result in the enhancement or building up of the dune system. However, a mitigation project may also be for enhancement of public beach access or to provide public education benefits concerning proper care of the public beach, i.e., litter pick-up, proper disposal of fishing bait, information on protecting wildlife and native habitats contained in the beach/dune system or other beneficial projects which meet to goals of the Erosion Response Plan. Mitigation Location A mitigation construction project shall be located within the 1,000 foot Dune Protection Area except where a mitigation project will enhance public access, then the limits of the project may extend to the first paralleling public road. Dune System - Mitigation Prioritization An assessment of the dune system was based on on-site inspections, local historical knowledge, and the data contained on the Exhibits in this plan (contours, 2009 aerial photos, etc.). Opportunities for mitigation to enhance the dune system or public beach are prioritized based on the following criteria. 1. Protection of existing development seaward of the erosion area line. 2. Protection of existing vacant platted lots located seaward of the erosion area line. 3. Protection of existing development landward of the erosion area line. 4. Protection of existing vacant Tots platted landward of the erosion area line. Under these four priorities the dune system has been evaluated to look for portions of the dune system where the foredune ridge is: • Is less than 14 feet in height9; • Is less than 350 feet wide; • Contains less than 85% vegetated coverage. In addition, a secondary concern is where the Gulf beach is narrower than 100 feet measured from the mean high tide to the Line of Vegetation. Appendix 2 identifies areas for dune enhancement based on the above criteria. 914 feet exceeds 75% of the FEMA BFE. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 16 Funding for Dune Mitigation Projects The City will seek funding in partnership with Nueces County or other agencies to promote protection of or enhancement of the dune system within the City's area of jurisdiction. (Nueces County inside city limits and Kleberg County inside city limits and in the Five Mile Extraterritorial Jurisdiction) The City will pursue grants for Dune Mitigation Projects from the GLO or other state and federal agencies if local matching funds can be identified. Enhancement of Public Beach Access Existing Public Beach Access Inventory Within Corpus Christi's Beachfront Construction Certificate authority there are 12 existing public beach access roads and three (3) beach parking lots. (See Appendix 3) These beach access points are composed of: > Four (4) City owned/maintained public beach access roads and, one (1) beach parking lot on the Padre Island Seawall • Beach Access Road, # 2, located 7.3 miles south of Beach Access Road 1 on Mustang Island in the City of Port Aransas • Zahn Road, located 1.2 miles south of Newport Pass Road on the north side of Packery Channel • Beach Access Road # 3-A, located on the south side of Packery Channel via Windward Drive • Whitecap Boulevard, located 0.8 miles south of Beach Access Road #3-A at the south end of the concrete seawall on North Padre Island • Beach Parking lot, located between Beach Access Road #3-A and Whitecap Boulevard on North Padre Island > Five (5) County owned/maintained public beach access roads and, one (1) beach parking lot at Padre Balli Park • Newport Pass Beach Access Road, located south of Mustang Island State Park on Mustang Island • Beach Access Road # 4, located 0.3 miles south of Whitecap Boulevard on North Padre Island • Beach Access Road #5, located 0.4 miles south of Beach Access Road #4 on North Padre Island • Padre Balli Park entrance road, located 0.3 miles south of Beach Access Road Five on North Padre Island DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 17 • Beach Access Road #6, located 0.4 miles south of the Padre Balli Park entrance road on North Padre Island • Beach Parking lot at Padre Balli Park, located between the park entrance road and Beach Access Road #6 on North Padre Island ➢ Two (2) State owned/maintained public beach access roads on Mustang Island State Park • Mustang Island State Park entrance road, located 2.6 miles south of Beach Access Road #2 on Mustang Island • Beach Access Road #3, located 2.2 miles south of the Mustang Island State Park entrance on Mustang Island ➢ One (1) Federally owned/maintained beach access road on North Padre Island • Padre Island National Sea Shore beach access road, located 7.5 miles south of Beach Access Road #6 in Padre Balli Park. Existing Standard for Access along the Public Beach The City has no intent to close vehicular access to any portion of the public beach. Any closure of the beach to public vehicular access requires an affirmative vote of the citizens of Corpus Christi in a public referendum per City Charter. Temporary closure of public beach access is allowed for the purpose of protecting the public during times of seasonal high tides, proceeding landfall of a tropical storm or during times of any other public emergency where travel on the public beach presents a public risk. Any temporary closure must be approved by the City Manager. By Chapter 10 of the City Code the public beach is safely passable if there is sufficient room for two travel lanes and provided that the travel lanes cannot be closer to mean high tide than 50 feet and not closer to the Line of Vegetation than 25 feet. Existing Beach Access Road Design Each of the beach access roads are paved with asphalt, contain two travel lanes (20-24 feet), and 5 foot to 8 foot wide gravel shoulders. However, there are three exceptions to this design: Zahn Road, Whitecap Boulevard and the Padre Balli Park entrance. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 18 For Zahn Road there is a five foot gravel pedestrian walk way along the north edge of the roadway. Whitecap Boulevard contains a stamped concrete 10 foot wide sidewalk landward of the 200 foot Erosion Area Line. Seaward of the Erosion Area Line the sidewalk on Whitecap Boulevard narrows to a five foot width and is composed of brick pavers. Whitecap Boulevard is the only access road that contains six inch curbs. The Padre Balli Park entrance beach access road is the only access roadway that is divided by a wide median. Except for Newport Pass Beach Access Road, each of the beach access roadways are aligned perpendicular to the beach without the Texas General Land Office recommended curvature to the north away from the prevailing winds. See Figure 8. In addition, the existing beach access roads do not have a raised "hump" landward of the public beach as recommended by the Texas General Land Office design guidelines for construction of beach access roads. Figure 8: Beach Access Road Alignment Recent Enhancements to Public Beach Access Recent city improvements to enhanced beach access include reconstruction of a portion of Zahn Road, beach renourishment in front of the seawall, the Padre Island Sea Wall Parking lot, resurfacing /sidewalk improvements to Whitecap Boulevard and Packery Channel recreational improvements. Zahn Road improvements Zahn Road, located immediately north of Packery Channel, was reconstructed in 2009 as part of a development agreement between the developer of Tortuga Dunes Subdivision and the City. Total project costs for the City where approximately $1,291,538 and $523,837 for the developer. Improvements made to the DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 19 street included: a gravel sidewalk along the northern edge of the roadway, resurfacing, etc. Beach Renourishnnent / Padre Island Seawall As part of the Packery Channel Project, the beach in front of the Padre Island Sea Wall was renourished with a grant from the Texas General Land Office in 2003. The cost of the renourishment was $1.3 million. Seawall Parking Lot A 300 space seawall parking lot was constructed in 2006. The parking lot is landscaped, contains an ADA access ramp from the sea wall to the beach and in 2008 public restrooms and outdoor showers were added to the facility. The cost of the parking lot, ADA access ramp and the restrooms was $1.2 million. Whitecap Boulevard Resurfacing and Sidewalk Improvements In 2010, Whitecap Boulevard was resurfaced and curbs where repaired. The project also included a new 10 foot wide stamped concrete sidewalk from Windward Drive to the 200 foot Erosion Area Line Boundary. Seaward of the Erosion Area Boundary the existing five foot wide brick paver sidewalk was repaired and refurbished. The cost of the project was approximately $540,000, Packery Channel Recreational Improveanents The Packery Channel was constructed in 2002-2005. The Packery Channel project was a 21.4 million dollar project to dredge a channel between the Laguna Madre and the Gulf of Mexico and to construct two 1,400 foot jetties. In addition, 1.1 million was spent to provide an access road, large car and trailer parking and two boat ramps. Parking, overlooks, restroom facilities, ADA access ramps and a pavilion are planned for construction by 2014. Costs for these improvements are estimated to be approximately $4.8 million dollars. The City of Corpus Christi also has other significant costs associated with the beach including beach cleaning at an annual cost of over $700,000 per year, fire protection costs include the city newest Fire Station at the north end of Mustang Island State Park and police patrol for the beach area. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 20 Priority for Beach Access Improvements The prioritization for beach access improvements should be based on: 1. Enhancing Public safety. • Spacing of beach access roadways to allow quicker access to on beach emergencies — where beach access roadways are spaced at intervals of greater than 1 mile • Signage at beach access points to warn the public of natural hazards, rip tides, etc. 2. Improvements to protect the access and surrounding developed property from storm surge damage. • Realignment of the beach access in accord with GLO Guidelines. • Placing a raised hump in the roadway landward of the beach per GLO Guidelines. 3. Beach renourishment where the narrow width of the beach becomes a safety hazard. • Renourishment of the beach where the width of the beach is less than 100 wide. 4. Amenities to benefit the general public's beach access experience. • Improvements to high use areas of the beach — public showers and restrooms landward of the public beach • Packery Channel improvements for access to the channel walkway, outlooks, channel fishing amenities, etc. Based on the criteria above the following is a list of beach access improvements. Short Term Goals (Three years or less) 1. Obtain right-of-way for a new beach access roadway north of Mustang Island State Park. Currently there is a 7.3 mile distance between Beach Access Road 1 in City of Port Aransas and the Beach Access Road 2 in the City of Corpus Christi. 2. Obtain right-of-way for a new beach access roadway south of Access Road 6. 3. Continue monitoring of the beach at Packery Channel. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 21 4. Install on beach bollards in front of the seawall to delineate vehicular and non- vehicular beach access areas. 5. Packery Channel Improvements — parking, outlooks, restrooms, ADA access improvements, etc. Long Term Goals (greater than two years) 1. Obtain right-of-way for realignment of Beach Access Road 2 according to GLO Guidelines. 2. Construct a new beach access roadway north of Beach Access Road 2 to reduce emergency response times to beach emergencies at the northern end of Mustang Island inside the City of Corpus Christi. 3. Construct a new beach access roadway south of the Beach Access Road 6 to reduce emergency response times to beach emergencies between Beach Access Road 6 and the National Sea Shore Beach Access Roadway. Currently, there is 7.5 mile spacing between Beach Access Road 6 and the National Sea Shore Beach Access Roadway. 4. Renourishment of the beach in front of the Padre Island Seawall. 5. Monitoring and renourishment of the beach north of Mustang Island State Park. 6. Packery Channel fishing and outlook amenities. Post Storm Recovery Access Inventory Following the land fall of a hurricane, City staff will conduct the following measures to ensure public access to and use of the public beach. 1. Conduct inspections of all designated beach access points to determine whether the public is able to access the beach. 2. Compile a list of required repairs and replacements, including but not limited to parking areas, pedestrian pathways, vehicular access ways, and signage. 3. Create schedules for public access area repairs and replacements based on local funding and grant requests. DRAFT for TGLO REVIEW Corpus Christi Erosion Response Plan June 28, 2011 Page 22 Appendix 1: Packery Channel Development Plan fa C O . i 4.12 H IA in V 'o T. 0 M 4- 0 C 4) E a 0 ru 4,1 4) 7T •U sem- 49 a.i 0 Iinro 00 C w Ew 0. 0 lclc w■ W aiI— ©a, Tu C C C 0 fa .T C U 0 t C C IA la 0 a13 i C c .DI v;'C +' C fa f9 a) ra na C C 01 01 a) tF N L x a1 i icril) U f0a) N- [n [A�a Vj � a)ocn� �oo��a��+��sC 'U.�.d C fG C i ic Cf0 L 41 a) u) E 32 y Q) c U a) Q) Qun ) O ''V O O E O a) O m C N .o 0 fp .8 a1 Q c c +' N V> '11) � U N ay a) = o f9 C 0 OL 5 LO Ute, C 0 Q) 7 ra 0 a ... 0 .5 U L[) Z d < o 06 w w re 0 -J C9 H` - LO O N W p.N LL Q) g -9 o Corpus Christi Erosion Response Plan Appendix 2: Dune Assessment and Mitigation Map Exhibits 1-20 r TGLO REVIEW June 28, 2011 Corpus Christ Erosion Response Plan Appendix 3: Beach Access Assessment and Mitigation Map Exhibit 21 W W Ce O J C7 H 1 O w 1- June 28,2011 Corpus Christi Erosion Response Plan i 0 Ill OL)ooa• L) ��rr� Q_P�4 oCecr wt s ire W r�no,m G.F / g ! )\\m .f 27 )f )k )\ 0 !f t \/ .0. k a & E • \ E ) i� .. /i (] co to 4.711ii '18 ok U UU }) . 0 _J)/ "lEfe ) t{ tO =f sk k ! o ! 2 r 3 , O. )� ) E . k § \% / | 1 11 s '1ill (a } } $ / 5 I§\ Alibi Udf | | - g \ 3 LL kk 0 ) II H1 I 70 4g2a$ M UUQ 421111 66 -Lf) 1 v D) ± S 0 1 %§§ � UUU 0 8 O f r r N ro G N III oaf III UV V