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Home My WebLink About029541 ORD - 06/26/2012Page 1 of 27 ORDINANCE ADOPTING THE JOINT EROSION RESPONSE PLAN FOR NUECES COUNTY AND THE CITY OF CORPUS CHRISTI 2012; 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 criticalsand 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 line that will accommodate a shoreline retreat based upon historical erosion rates as determined by the University of Texas at Austin, C:1Documents and settings\MaryJ.CCPD11Application Data1L51Templd282f341-7961-4fe8-b971- 0c6088513453.docx 029541 INDEXED Page 2 of 27 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 Joint Erosion Response Plan for Nueces County and the City of Corpus Christi 2012, 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 I1. Administration "Sec. 10-11. Purpose, adoption, compliance, and amendment. "Sec. 10-12. Areas exempt. "Sec. 10-13. Dune protection line, -and beachfront construction line and erosion set -back line. "Sec. 10-14. Alteration of dunes prohibited without permit. C:IDocuments and Settings\MaryJ.CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.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. C:1Documents and Settings\MaryJ.CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.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. l Page 4of27 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_ Gulf 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 VIII. 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. Genera! 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. C:1Documents and Settings\MaryJ.CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx Page 5 of 27 "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 pennit/certificate. "Sec. 10-134. Required findings. "Sec. 10-135. Prohibited activities. "Sec. 10-136. No material 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 line," "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 feet landward of the line of vegetation that is established by Texas Natural Resources Code Definition 61.006. "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, Texas Natural Resources Code, and 31 TAC 15.17, which is attached to an incorporated into this chapter as appendix XVIII." C:1Documents and Settings\MaryJ.CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx Page 6 of 27 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 I 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—e 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 an erosion response permit is requiredif 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 linerand beachfront construction line, 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: "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. C:1Documents and Settings\MaryJ.CCPE?1\Application Data1L51Templd282f341-7961-4fe8-b971- 0c6088513453.docx Page 7 of 27 "(d) Maps. The dune protection line is depicted on the map attached to these regulations as Appendix II. 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 regulations 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:" C:1Documents and SettingslMaryJ.CCPD1\Application Data1L51Templd282f341-7961-4fe8-b971- 0c6088513453.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 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: "Article XII. Requirements for Erosion Response Permits "Sec. 10-131. Application process for erosion response permit. C:1Documents and SettingslMaryJ.CCPDI\Application Data1L51Temp\d282f341-7961-4fe$-b971- 0c6088513453.docx Page 9 of 27 "(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, existing and 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. "(1) 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. "(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. C:1Documents and SettingslMaryJ.CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b971 0c6088513453.docx Page 10 of 27 "(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 fines and a notation of the legal description of adioininq 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). "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 C:1Documents and SettingslMaryJ.CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b971-. Oc6088513453.docx Page 11 of 27 structures within two hundred (200) 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. "q. Location of anv 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 anv existing or proposed walkways, parking areas, patios, or dune walkovers on the tract. "1. 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 swales), 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. "(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 on the beach/dune system which cannot be avoided should the proposed activity be permitted, including, C:IDocuments and Settings\MaryJ.CCPD11Application Data1L51Templd282f341-7961-4fe8-b971- 0c6088513453.docx Page 12 of 27 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: "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:IDocuments and SettingslMaryJ.CCPD11Application Data1L51Templd282f341-7961-4fe8-b971- 0c6088513453.docx Page 13 of 27 "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 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. C:IDocuments and Settings\MaryJ.CCPDIIApplication DatalL5\Templd282f341-7961-4fe8-b971 0c6088513453.docx Page 14 of 27 "Before issuing an 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 construction of 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. "(D) 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. Structures seaward of Building Setback Line that have been damaged more than 50% of their value or destroyed, or have been abandoned (e.g., not occupied or used) for more than 12 months shall be subject to the construction standards in Section 10.134(2). "(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: "1. There is a minimum two -foot freeboard above base flood elevation ("BFE"), "2. There are no enclosures exceeding 300 square feet below BFE. "3. The elevated building foundations are adequate and there is proper placement, compaction, and protection of fill C:IDocuments and Settings\MaryJ.CCPD1\Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx Page 15 of 27 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 gaps 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. "(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. C:1Documents and Settings\MaryJ.CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx Page 16 of 27 "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, an 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 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). C:1Documents and Settings\MaryJ_CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx Page 17 of 27 "(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 and 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: "(1) The activity will not result in the potential for increased flood damage to the proposed construction site or adiacent 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 affect unique floraor fauna or result in significant adverse effects on dune complexes or dune vegetation. K:1CitySecretary\SHARECIMCC120121June 20121Ord 029541.docx Page 18 of 27 "(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: "(1) 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: "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. C:IDocuments and Settings\MaryJ.CCPD1\Application Data1L51Tempkd282f341-7961-4fe8-b971- 0c6088513453.docx Page 19 of 27 "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 critical 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 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. C:1Documents and Settings\MaryJ.CCPD11Application Data1L51Templd282f341-7961-4fe8 b971- 0c6a88513453.docx Page 20 of 27 "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 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: C:1Documents and settingslMaryJ.CCPD11Application Data1L51Temp\d282f341-7961-4fe8-b97.1- 0c6088513453.docx Page 21 of 27 "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 project 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. "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. C:IDocuments and settings\MaryJ.CCPD1\Application aatalL5\Templd282f341-7961-4fe8-b971- 0c6088513453.docx Page 22 of 27 "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 ofthe property where the off-site compensation will be located. "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. C:1Documents and Settings\MaryJ.CCPD1NApplication Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx Page 23 of 27 "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 vegetation. These efforts shall include preservation and maintenance pending completion of compensation. "i. A compensation proiect 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. C:1Docurnents and Settings\MaryJ.CCIP011Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx Page 24 of 27 "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 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:1Documents and Settings\MaryJ.CCPD11Application Data1L51Templd282f341-7961-4fe8-b971- 0c6088513453.docx Page 25 of 27 "(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, qas, 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, qas, 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: "(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. "(b) 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 Joint Erosion Response Plan for Nueces County C:1Documents and Settings\MaryJ.CCPD11Application Data1L51Templd282f341-7961-4fe8-b971- 0c6088513453.docx Page 26 of 27 and the City of Corpus Christi 2012 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 takes effect on the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office. C:1Documents and SettingslMaryJ.CCPD1\Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx That the foregoing or reading on this the Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal Page 27 of 27 ina ce was read for the first time and passed to its second day of ,��. , 2012, by the following vote: That thforggoing ordi thep" y of Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal PASSED AND APPROVED, this the ATTEST: ance w David Loeb John E. Marez Nelda Martinez Mark Scott s read for the second time and passed finally on this , 2012, by the following vote: Armando Chapa City Secretary EFFECTIVE DATE David Loeb John E. Marez Nelda Martinez Mark Scott day of , 2012. Joe Adame Mayor C:1Documents and 5ettings\MaryJ.CCPD1\Application Data1L51Temp\d282f341-7961-4fe8-b971- 0c6088513453.docx 0 4 A Joint Erosion Response Plan for Nueces County and the City of Corpus Christi 2012 This study was funded in part by a National Oceanic and Atmospheric Administration grant from the Texas General Land Office Nueces County Commissioners Court Approved by Commissioner's Court on June 27, 2012 Judge Loyd Neal Mike Pusley Joe A. Gonzalez Oscar Ortiz Joe McComb Nueces County Beach Management Advisory Committee Fred McCutchon, Chairman Lawrence Young, Vice -Chairman James Dinn Pat Eisenhauer Don Feferman Gabi Hilpold Debbie Lindsey -Opel John Garcia Greg Smith Linda Strong Anne Williams Corpus Christi City Council Adopted by City Ordinance: 029541 on June 26, 2012 Mayor Joe Adame David Loeb Mark Scott Nelda Martinez Kelley Allen John Marez Priscilla Leal Chris Adler Larry Elizondo, Sr. Corpus Christi Planning Commission/Beach Dune Committee Rudy Garza, Chairman A. Javier Huerta, Vice -Chairman Mark Adame Marco Castillo Gabriel Guerra Evon J. Kelly Govind Nadkami John C. Tamez John Taylor Special Thanks to: Greg Smith, Chairman of the Erosion Response Pian Working Group James Skrobarczyk, Sr. Former Planning Commission Member Colleen McIntyre, Island Strategic Action Committee John Trice, Island Strategic Action Committee Cameron Perry, Water Shore Advisory Committee Chairman Jennifer Smith -Engle, Former County Beach Management Adv. Committee Consultant Staff Ron Olson, City Manager Oscar Martinez, Assistant City Manager Jay Reining, First Assistant City Attorney Emeritus Corpus Christi Legal Department Derek Herzog, Superintendent, Corpus Christi Park and Recreation Department Scott Cross, Nueces County Parks Director Karen Barsch, (former) GIS Technician, Development Services Department Mike Newberry, GIS Senior Application Specialist, Development Services Department Corpus Christi Planning Department Pete Anaya, P.E., Planning Director Faryce Goode -Macon, Assistant Planning Director Robert Payne, AICP, Senior City Planner and Project Manager Elena Buentello, Planning Technician Executive Summary The purpose of the Erosion Response Plan is to reduce storm damage along the City and County gulf coastlines. The 81st Legislature amended Chapter 33 of the Natural Resources Code provided authority to the Texas General Land Office to formulate rules for local governments with gulf coast lines in their jurisdictions to create Erosion Response Plans. The Erosion Response Plan will be used by the General Land Office to qualify local governments for certain GLO grants. The Plan will be used by the City and the County to justify submission of grants for GLO funding for beach renourishment, dune system enhancements and improvements for public beach access. A draft City Erosion Response Plan was presented to City Council in June 2011. The City Council recommended the draft plan, with changes, to be submitted to the Texas General Land Office. (GLO) Part of City Council direction to staff was to develop a final plan that is as similar to the County's as possible. The GLO provided comments on the draft plan by October 2011. The Planning Department then formed an informal group of County officials and City officials to develop the final plan document. The informal group included representatives from the City Beach Dune Committee, the County Beach Management and Dune Protection Advisory Committee, the Water Shore Advisory Committee, and the Island Strategic Action Advisory Committee. The Erosion Response Plan Addresses: • Assessment of the foredune ridge in the Corpus Christi and Nueces County jurisdictions. • Review of scientific studies concerning storm surge, coastal erosion, and sea level rise. • Review of FEMA velocity zones on Mustang and Padre Islands. • The plan identifies the beach as the first line of defense to storm surge and the foredune ridge as the second line of defense. • The plan defines the minimum width of the public beach for provision of public beach access as 100 feet wide from the Line of Vegetation to the wet/dry line on the beach. • The goal for enhancing the foredune ridge is to establish a dune system of at least 14 feet high, 350 foot deep, and containing at least 50% vegetative coverage. • Mitigation sites for enhancing the foredune ridge are identified and prioritized. • Establishment of a 350 foot building setback line located 350 feet landward of the Line of Vegetation along the gulf beach. The building setback line will prevent new construction of residential or commercial buildings within the foredune ridge. • Land that is landward of the seawall is exempt from the Building Setback. • Existing structures are exempt from the building setback prohibition, provided there is no practicable alternatives, that the foot print of the building is not increased and that the new structure meets new construction guidelines. • The plan addresses enhancements to public beach access. Generally, these enhancements to public access focus on designs to reduce damage to the public access ways after storm events. • The criteria for potential acquisition of property seaward of the Building Setback Line. Nueces County 1 Corpus Christi Erosion Response Plan June 27, 2012 Page ii Table of Contents I. Introduction 1 Historical Conversion of Agriculture Island Usage to Urbanization and the Impact on Island Erosion 3 II. Setback Line Determination 6 II.A. Setback Line Goals 6 II.B. Assessment of Erosion Rates 6 II.C. Projected Shoreline 8 II.D. Foredune Ridge Assessment 8 II.E. Federal Emergency Management Agency (FEMA) and the National Oceanic and Atmospheric Administration (NOAA) 11 II.F. Line of Vegetation (LOV) 14 ILG. Building Setback Line (SBL) 15 II.H. Useable Public Beach 15 III. New Construction Guidelines 16 III.A. New Residential or Commercial Structures 16 III.B. Restrict New Development Landward 200 feet to 350 feet 16 IILC. Community Benefit Projects 16 III.D. Exempt Projects and Properties 16 III.E. Construction Requirements for Exempt Properties 17 IV. Goals for Enhancement of the Dune System and Beach 18 IV.A. Dune Goals 18 IV. B. Beach Goals 18 IV.C.Vegetation Goals (Seaward of the Setback Line) 19 IV.D. Sand Fencing 19 V. Mitigation 19 V.A. Definition of Mitigation 19 V.B. Scope of Mitigation 20 V.C. Mitigation Location 20 V.D. Dune System - Mitigation Prioritization 20 VI. Enhancement of Public Beach Access 21 VI.A. Existing Public Beach Access Inventory 21 VI.B. Existing Standard for Access along the Public Beach 22 VLC. Beach Access Road Assessment 22 VI.D. Recent Enhancements to Public Beach Access 36 VLE. Priority for Beach Access Road Improvements 38 VII. Acquisition of Property Seaward of Setback Line 39 VIII. Post Storm Recovery 40 VIII.A. Inspections 40 Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page iii VIII.B. List Required Repairs 40 VIII.C. Repair Schedule 40 Figures Figure 1: Bob Hall Pier to White Cap 1948, sand flats with coppice dunes 4 Figure 2: Bob Hall Pier to Whitecap Blvd. 2009 Aerial with 2005 Lidar Topography 4 Figure 3: Mustang Island Packery Channel to Fish Pass 1938, Primarily San Flats 5 Figure 4: Mustang Island, Packery Channel to the Fish Pass 2009, Primarily Dunes 5 Figure 5: Erosion. Rates Comparison 6 Figure 6: Beach Dune System 8 Figure 7: Washover Damage to the Dune System 9 Figure 8: Hurricane Ike Dune Erosion 9 Figure 9: Blowing Wind Eroding the. Dune System 10 Figure 10: Water Levels at Bob Hall Pier 1992 - 2012 12 Figure 11: Bob Hall Pier Sea Level 1958 - 2006 13 Figure 12: 2007 Aerial Photo Overlaid with a 1948 Aerial Photo 14 Figure 13: Beach Access Road 2 on Mustang Island 23 Figure 14: Beach Access Road 2, Seaward View Near State Highway 361 23 Figure 15: Mustang Island State Park Entrance, Google Aerial 24 Figure 16: Beach Access. Road 3, Mustang Island State Park 25 Figure 17: Newport Beach Access Road, Photos and Google Aerial 26 Figure 18: Zahn Road at Packery Channel, Google Aerial 27 Figure 19: Zahn Road at Packery Channel 27 Figure 20: Beach Access Road 3A, Google Aerial 28 Figure 21: Beach Access Road 3A, Seaward View 29 Figure 22: Seawall Parking Lot 29 Figure 23: Whitecap Boulevard, Google Aerial 30 Figure 24: Whitecap Boulevard, Seaward View 31 Figure 25: Beach Access Roads 4, 5, 6 and Padre BaIli Park Entrance / Exit Road 31 Figure 26: Beach Access Road 4, Seaward View at the Intersection of Elif Road 32 Figure 27: Beach Access Road 5, Seaward View 33 Figure 28: Padre Balli Park Entrance/Existing Road, Seaward View 34 Figure 29: Padre Balli Park Entrance - Potential 1.1 Acre Dune Construction Site 34 Figure 30: Beach Access Road 6, Google Aerial 35 Figure 31: Beach Access Road 6, Seaward View _ _ _ _ _ .. .._ a.....,_„ .. ............... 35 Figure 32: Padre Island National Sea Shore North Beach Access Road 36 Figure 33: Beach Access Road Alignment 37 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 Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page ii I. Introduction The 81st Legislature amended Chapter 33 of the Natural Resources Code to require local governments with jurisdiction over Gulf of Mexico Shorelines to adopt an Erosion Response Plan (ERP). The changes to Chapter 33 of the Code also requires the Land Commissioner to consider whether a jurisdiction has completed an ERP before awarding Coastal Erosion Planning and Response Account funds for projects within the local jurisdiction. The Texas General Land. Office (GLO) adopted rules specifying the requirements that may be considered when developing an Erosion Response Plan. In addition, the rules establish the dates for submittal of the ERP to the GLO in order for it to be considered for each Coastal Erosion Planning and Response Act (CEPRA) biennium. The rules require the plans to be submitted by July 1, 2011 for the current grant cycle. 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. During the course of developing an Erosion Response Plan the County and the City have worked closely to gather to create plans that are compatible. As the two plans neared completion, by direction of the Commissioner's Court and the City Council, to make the plans as similar as possible, the two separate plans have been merged into this joint Erosion Response Plan. Nueces County's jurisdiction, with respect to this plan, includes that portion of Mustang Island that is not inside the Corpus Christi City limits and that portion of North Padre Island that is north of Kleberg County. Within this area, Nueces County maintains Dune Permitting authority through its Beach Management Plan. The Dune Permitting area is located 1,000 feet landward of mean high tide except for two exceptions: Mustang Island State Park; and land that is landward of the toe of the seawall on North Padre Island. This Erosion Response Plan will become an addendum to Nueces County's Beach Management Plan. The City of Corpus Christi's jurisdiction, including inside city limits and the Extraterritorial Jurisdiction (ET]), 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 the City of Corpus Christi Code of Ordinances, r Chapter 10: r 4 Beachfront Management and Construction.. 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. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 1 Chapter 10 also addresses protection of the beach dune system through the Dune Protection Permit. The City has been granted the authority to issue Dune Protection Permits 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 t de, 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. In order to develop the Erosion Response Plan, the Texas General Land Office (GLO), Nueces County and City Staff compiled a work plan and subsequently obtained a GLO grant. The City provided an in-kind match consisting of mapping, research, formulating the ERP and other tasks necessary for developing the ERP. 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. An important secondary reason for completing a local ERP is so that the City and County will continue to be eligible for Texas General Land Office CEPRA 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 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 (ERP), per the work plan developed by the GLO and the City, include the following: • A construction setback line landward of the Line of Vegetation (LOV); • 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; Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 2 • • 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; • Criteria for voluntary acquisition of property seaward of the building setback line; 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 Plan. Creation of this plan required the City and the County to review the Bureau of Economic Geology's (BEG) 2007 erosion rates for consistency with the most recent natural or manmade beach erosion trends. The BEG's Erosion Rates for the area used by the GLO are based on data collected since 1937, a study period of 70 years. 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. Historical Conversion of Agriculture Island Usage to Urbanization and the Impact on Island Erosion Land use on North Padre and Mustang Island prior to 1950 was for livestock grazing. From 1950 to 1971 land use went to development and recreation, first with the Nueces County portion of Padre Island in 1950, Mustang Island in 1968 and Kleberg County in 1971.1 With this change of use the area of un -vegetated (active) dunes went from 6,732 acres to 614 acres. 2 Significant primary and foredune ridges were established on North Padre Island between Bob Hall Pier and White Cap Blvd and on Mustang Island between the current Packery Channel and the Mustang Island State Park Fish Pass. I Small scale grazing still exists on Mustang Island 2 Land and Water resources, historical changes, and dune criticality: Mustang & North Padre Islands. White et al 1978 University of Texas BEG Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 3 Fi ure 1: Bob Hall Pier to White Ca • 1948, sand flats with co • pice dunes too&:* tet 1i�• t :. Googie earth Fi ure 2: Bob Hall Pier to Whiteca • Blvd. 2009 Aerial with 2005 Lidar Topography • Light green line 12' contour, green line 15' contour, yellow line 18' contour 5'1 Google earth Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 4 Figure 3: Mustang Island Packery Channel to Fish Pass 1938, Primarily San Flats Figure 4: Mustang Island, Packery Channel to the Fish Pass 2009, Primarily Dunes Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 5 II. 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 Pian 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, providing little protection against storm surge. II.A. Setback Line Goals • Minimize future erosion, storm and flood losses; • Allow development to occur while providing sufficient seaward lands to accommodate public access along the gulf beach; • Preserve 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. II.B. 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 70 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. Along the Texas Coast the highest erosion rate by county is -2.80 meters or -9.19 feet per year in Jefferson County . The lowest average rate on the Texas Coast is -28 meters or -0.92 feet per year for Nueces County. In Kleberg County the erosion rate is -0.54 meters or - 1.77 feet per year. Figure 5: Erosion Rates Comparison Erosion Rates (Ft/Yr) Mean Shoreline Change %of %of (average of ail Coast Coast Shoreline Trend itransects in ft/yr) Eroding Max Mean [Accreting Max Mean Texas Shoreline (1850's 2000) -2.3 64 -30.2 I -5.9 1 36 48.8 3 Mustang Island (Inside Corpus Christi City Limits) -0.4 96.7 -4.4 -0.4 1 3.3 1.8 0.3 North Padre Island (ICL/ OCL) -2.6 i 96.7 -4.6 -3 3.3 1 1.9 0.9 Note: Erosion rate information for Mustang and North Padre Island is from the Bureau of Economic Geology, 2007 Erosion Rates. Accreation Rates (Ft/Yr) Mustang Is. is the area north of Packery Channel. North Padre Is. includes Nuece County and Kleberg County Areas in the City and ETI. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 6 Figure 5 is an adaptation from the 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 erosion rates (BEG 2007) 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 Mustang Island at -0.4 is significantly Tess than the average rate of -2.3 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. I1B.1. 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. II.B.2. 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. II.B.3. Exhibits 10 thru 12: Exhibits 10 thru 12 encompass beaches abutting Padre Balli 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 accumulation of beach sand. II.B.4. 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 Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 7 Fish Pass of -0.17 feet per year to -1.94 feet per year at the north end of Mustang Island State Park. 118.5. 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. II.C. 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.gio.texas.govJwhat-we-do/caring-for-the- coast/ documents/coastal-erosion/response-plans. II.D. Foredune Ridge Assessment Figure 6: Beach Dune System Mean- Meon h Tide Low Tide Typical cross section of a Texas barrier Island. Actual conditions may vary. 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 signifcant protection to beachfront construction.3 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 3 "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. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 8 width of approximately 200 feet. Figure 6, taken from the TGLO4 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 near shore beach is the first line of defense and the foredune ridge is the second line of defense from the impact of a hurricane and associated storm surge. Figure 7: Washover Damage to the Dune System Figure 8: Hurricane Ike Dune Erosion 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). 9 Texas General Land Office Dune Protection and Improvement Manual for the Texas Gulf Coast, Fifth Ed., page 4. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 9 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. Where the beach has eroded away and is very narrow, normal wave action 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 9: 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 9, 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.5 II.D.1. 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. 11.0.2. 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. 5Aerial 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. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 10 II.D.3. Exhibits 10 thru 12: 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 mitigation area on the north side of Zahn Road. The dune mitigation 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. 11.0.4. 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. 11.0.5. 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. II.E. Federal Emergency Management Agency (FEMA) and the National Oceanic and Atmospheric Administration (NOAA) 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 designated structural height, measured from the lowest horizontal structural member, is 14 feet above mean sea level. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 11 Other factors to consider when assessing the risk to development in island areas are the potential impact from hurricane storm surge and sea level rise. Studies of storm surge by NOAA show that predicting storm surge is a complex series of factors dependent on a particular location. The wave height of a hurricane storm surge is sensitive to the "slightest changes in storm intensity, forward speed, size (radius of maximum winds-RMW), angle of approach to the coast, central pressure (minimal contribution in comparison to the wind), and the shape and characteristics of coastal features such as bays and estuaries." However, one key factor is the width and slope of the continental shelf, which can double the size of a storm surge depending on the location. For example, an 8 or 9 foot storm surge where the continental shelf drops off quickly like Miami Beach, Florida could translate to a 20 feet high storm surge along the Louisiana coastline where there is a very wide and shallow continental shelf. One of the characteristics of Mustang and North Padre Island is a moderately sloping drop off that could magnify the storm surge height.6 0.400 0.300 0.200 0.100 W 0.000 -8 -4.140 -0.200 -0.300 NOAA/NOS/C0-0135 Verified Slater Level Piot 8775870 Corpus Christi, TX from 1991/12/29 - 2011/12/30 05/93 09%96 01/00 05/03 Date/Time (Local) Observed WL -- Figure 10: Water Levels at Bob Hall Pier 1992 - 2012 09106 01/10 6NOAA, National Hurricane Center, Storm Surge Overview: http://www.nhc.noaa.gov/surge/ Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 12 0.60 Padre Island, TX 3.48 +I- 0.75 mmlyr _ Monthly mean sea level with the average seasonal cycle removed 0,45— r— Lineartrend Upper 95% confidence interval Lower 95% confidence interval 0.30— Boone: AAAA -0.60 i i i i i i i i i i i i 77777,777,7,,79 719 /9°1 Vq2OTN5' Figure 11: Bob Hall Pier Sea Level 1958 - 2006 I . I i ( 1 1 1� db k5 The major findings of this study concerning the foredune ridge are: • That a foredune ridge of at least 10 feet in height and 200 feet in width offers substantial protection from storm losses; • That FEMA requires a minimum base flood elevation for structures of 13 to 14 feet in the V -Zones within the foredune ridge on Mustang and North Padre Island; • That a moderately sloping continental shelf contributes to storm surge height; and • That there is a 47 year historical trend of sea level rise of approximately 1.14 feet per 100 years. Based ori these findings, this pian establishes the minirnum 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 50% 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 50% vegetated. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 13 Studies 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. ' Primary historical washouts were located between the north Jetty and the current Packery channel. A 3,000' washover area existed from the beginning at the north Jetty of the Fish Path and running south 9,000' from the Packery Channel north and a 900' wash beginning 12,500' north of the Packery Channel. (See Figure 14) Figure 12: 2007 Aeries! Photo Overlaid with a 1948 Aerial Photo II.F. Line 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 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. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 14 photos have been used to delineate the Line of Vegetation for planning purposes. The LOV used in the ERP cannot be used for permit applications for construction. II.G. Building Setback Line (SBL) A 350 foot Building Setback is established by this plan to reduce future storm damage to public and private properties. The 350 foot Building 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 or landward of the toe of the seawall on North Padre Island. II.H. Useable Public Beach Sea level rise on the Gulf Mexico over the last 20 years has been estimated to be 1.6 millimeters per year for a total sea level rise of 32 millimeters or 1.2598 inches. 8Given the prediction of continued 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 study9. According to the study, the useable portion of the public beach can generally be defined as that area between the Line of Vegetation1° and the wet/dry line of the aerial photography. Many studies11 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. Using 2009 aerial photos for Nueces County and 2003 aerial photos for Kleberg County, a visual determination of the Line of Vegetation and the wet/dry line has been used to establish the area of useable beach on North Padre Island and Mustang Island. This determination is for planning purposes only and shall not be used for issuance of Beachfront Construction Certificates or Dune Permits. In the study area the average width of the public beach, measured between the line of vegetation and wet/dry line, on Mustang Island is 126 feet wide (North of State Park 89 feet) and on North Padre Island is 117 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 the wet/dry line 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 $ Sea level history of the northern Gulf of Mexico coast and sea level rise scenarios for the near future, Department of Earth, Ocean and Atmospheric Science, Florida State University, Tallahassee, FL 32306, USA, Joseph F. Donoghue 9 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. 10 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) 11 Shore Protection Manual Volume 1, Engineering Research Center, USACE 1984. Nueces County I Corpus Christi Erosion Response Plan June 27, 2012 Page 15 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 erosion and will assist the City in prioritizing areas where beach renourishment may be needed to widen the beach. III. New Construction Guidelines To the maximum extent practicable, all structures should be constructed landward of the building setback line. Construction of structures landward of the building setback line must comply with mitigation sequence requirements for avoidance and minimization of effects on dunes and dune vegetation as specified in Texas Administrative Code (TAC) §15.4(f) Mitigation. The permittee is not exempt from compliance with compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation. IIIA. New Residential or Commercial Structures. Require new residential dwellings or commercial structures to be located at least 350 feet landward from the Line of Vegetation unless no practicable development alternatives are possible; III.B. Restrict New Development Landward 200 feet to 350 feet. Restrict new development in the area between 350 and 200 feet landward of the Line of Vegetation to recreational amenities such as pools and picnic areas. In any case, applicants must demonstrate that every attempt has been made to minimize the use of impervious surfaces in this zone. III.C. Community Benefit Projects. Application of these guidelines shall not prohibit public community benefit projects, including, but not limited to, water exchange passes, beach renourishment projects, recreational structures, or other projects in the public interest. III.D. Exempt Projects and Properties. Dune walkovers, beach access roadways, public parking and associated public facilities shall be constructed in accordance with the GLO construction guidelines, to the extent applicable. The City of Corpus Christi and Nueces County shall consider exemptions from the prohibition of residential and commercial construction seaward of the setback line for: III.D.1.Properties Where There Is No Practicable Alternative Properties for which the owner has demonstrated to the satisfaction of the City and County that no practicable alternatives to construction seaward of the building setback line exist. For purposes of this section, practicable means available and capable of being done after taking into consideration existing building practices, site alternatives, 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. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 16 111.0.2.Pre-existing Permits, Certificates or Master Plan Developments Projects for which construction is permitted, in the area seaward of the 350' Building Setback, under a Dune Permit, Beachfront Construction Certificate or Master Plan Development prior to the effective date of this Erosion Response Plan are exempt if there are no material changes to the site and provided the permit, certificate or Master Plan has not expired. III.D.3 Existing Structures Structures located seaward of the building setback line prior to the effective date of this section for which modifications are sought that do not increase the footprint of the structure. However, structures seaward of the building setback line that are damaged more than 50% or abandoned for a period of more than 12 months should be subject to Section III.E. Construction Requirements for Exempt Properties. 111.E. Construction Requirements for Exempt Properties Where the City allows an exemption from the prohibition for building seaward of the building setback line, the City will require the following conditions of construction or provide a reasoned justification for a variance from the minimal standards that will demonstrate that the provisions will reduce public expenditures due to erosion and storm damage. III.E.1. Sealed Plans. Plans and certifications for. the structure shall be sealed by a registered professional engineer licensed in the State of Texas, providing evidence of the following: III.E.1.1. Freeboard. A minimum of two -foot freeboard above FEMA's BFE to the finished floor elevation of the lowest habitable floor; 111.E.1.11 Enclosures. No enclosures exceeding 300 square feet below BFE; III.E.1.iii.Design Standards. Consistency with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24- 05; III.E.1.iv. Relocateable Structures. That habitable structures will be feasibie to relocate; and III.E.1.v. Hydrology. All construction shall be designed to minimize impacts to natural hydrology. III.E.2. Location of Construction. Location of all construction should be landward of the landward toe of the foredune ridge and as far landward as practicable. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 17 IV. Goals for Enhancement of the Dune System and Beach IV.A. Dune 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 50% of vegetative cover. The methods used to achieve this goal will be determined by City and County beach maintenance operations on a case by case basis depending on various factors, including but not limited to, the current width of the dune system, access to the dune system (beach only or back access), beach width, and other appropriate on site criteria. The current methods of disposing of seaweed include: front stacking, back stacking and placement of seaweed in beach maintenance material storage areas. As new techniques for addressing seaweed maintenance evolve the City and County shall evaluate their potential use, benefits and limitations and incorporated these new techniques as appropriate. IV.B. Beach Goals Recognizing that the public beach is the first line of defense against storm surge, any efforts to widen the public beach should be promoted to reduce storm damage and to enhance public beach access. 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. IV.B.1. Minimum Two -Way Travel 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. IV.B.2. Corp of Engineers Permit. Beach cleaning methods shall be in accordance with a Corp of Engineers Permit and use the least impactive method for removal of seaweed in order to prevent the grading down of the public beach and or narrowing of the public beach. Wherever possible, the City and County will seek permits that are as similar as possible. In addition, the ability to place sand below mean high tide, to widen the beach, should be pursued by the City and County in their respective permits. IV.B.3. Low Beach Usage Areas. Maintaining the public beach in a natural state without mechanized beach cleaning is encouraged in areas of low usage. The public goal for these areas should be to keep two travel lanes open for beach access. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 18 IV.B.4. Periodic Beach Width Assessment. 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 assessment include the beach in front of the seawall and the beach between the Packery Channel and the State Park. IV.C. 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: IV.C.1. Seaward Face of Dunes: Bitter Panicum (grass), Sea Oats (grass), Marsh Hay Cordgrass (grass), beach morning glory (vine) and seagrapes (vine). IV.C.2. 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.'2 IV.C.3. Native Hay: A sometimes more effective technique is to place a 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 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. IV.D. 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. V. Mitigation V.A. Definition of Mitigation Mitigation may be any construction project which either enhances the dune system or beach access, consistent with this plan. 12 Coastal Dunes: Dune Protection and Improvement Manual for the Texas Gulf Coast. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 19 I V.B. 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. V.C. 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. V.D. Dune System - Mitigation Prioritization An assessment of the beach / 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.). V.D.1. Mitigation Prioritization. Opportunities for mitigation to enhance the dune system or public beach are prioritized based on the following criteria. Priority 1: Protection of existing development seaward of the erosion area line. Priority 2. Protection of existing vacant platted Tots located seaward of the erosion area line. Priority 3. Protection of existing development landward of the erosion area line. Priority 4. Protection of existing vacant lots platted landward of the erosion area line. V.D.2. Beach 1 Dune System Criteria. 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 height13; • Is less than 350 feet wide; • Contains Tess than 50% vegetated coverage; • Is not a historical washover area. In addition, a primary 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. 13 Fourteen feet exceeds 75% of the FEMA Base Floor Elevation Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 20 V.E. 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. VI. Enhancement of Public Beach Access VLA. Existing Public Beach Access Inventory Within Corpus Christi's Beachfront Construction Certificate authority and the Nueces County's Dune Permitting authority there are 12 existing public beach access roads and three (3) beach parking Tots. (See Appendix 3) These beach access points are composed of: VI.A. 1. City Owned Public Beach Access Four (4) City owned/maintained public beach access roads and, one (1) beach parking lot on the Padre Island Seawall • Beach Access Road 2 is located 7.3 miles south of City of Port Aransas Beach Access Road 1A on Mustang Island • Zahn Road, is located 1.2 miles south of Newport Pass Road on the north side of Packery Channel • Beach Access Road 3-A is located on the south side of Packery Channel via Windward Drive • Whitecap Boulevard is located 0.8 miles south of Beach Access Road #3-A at the south end of the concrete seawall on North Padre Island • The Sea Wall Beach Parking Lot is located between Beach Access Road #3- A and Whitecap Boulevard on North Padre Island VI.A.2. County Owned Public Beach Access. Five (5) County owned/maintained public beach access roads and, one (1) beach parking lot at Padre Balli Park • Newport Pass Beach Access Road is located 1 mile south of Mustang Island State Park Beach Access Road 3 on Mustang Island • Beach Access Road 4 is located 0.3 miles south of Whitecap Boulevard on North Padre Island, within Padre Balli Park • Beach Access Road 5 is located 0.4 miles south of Beach Access Road #4 on North Padre Island, within Padre Balli Park • Padre Balli Park entrance road is located 0.3 miles south of Beach Access Road Five on North Padre Island • Beach Access Road 6 is located 0.4 miles south of the Padre Balli Park entrance road on North Padre Island, within Padre Balli Park Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 21 • Padre Balli Beach Parking Lot is located between the Padre Balli Park entrance road and Beach Access Road #6 on North Padre Island VI.A.3. State Owned Public Beach Access. Two (2) State owned/ maintained public beach access roads and one beach parking lot are located on Mustang Island State Park • Mustang Island State Park Entrance Road is located 206 miles south of Beach Access Road 2 on Mustang Island and terminates at beach parking lot. • Beach Access Road 3 is located 2.2 miles south of the Mustang Island State Park entrance on Mustang Island VI.A.4. Federally Owned Public Beach Access. One (1)Federally owned/maintained beach access road is located on North Padre Island and is located 7.5 miles south of Beach Access Road #6 in Padre Balli Park. VI.B. Existing Standard for Access along the Public Beach For the foreseeable future the County and the City have no intention of closing any public beach access roadways. However, 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. 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. VI.C. Beach Access Road Assessment VI.C.1. Beach Access Road #2 Beach Access Road #2 is located approximately 7.2 miles south of Beach Access Road 1A in the City of Port Aransas. Beach Access Road #2 connects directly with State Highway 361 and the gulf beach for a total length of approxirnately 1,450 feet. The road contains asphalt pavement with a width of 20-24 feet and 5 foot to 8 foot wide gravel shoulders. There is a slight rise in elevation of the roadway cresting approximately 300 feet landward of the public beach. The roadway then gradually slopes to its terminus at the Gulf Beach. The slight elevation of Beach Access Road #2 at its approach to the beach provides protection to inland properties during a storm surge. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 22 Figure 13: Beach Access Road 2 on Mustang Island Figure 14: Beach Access Road 2, Seaward View Near State Highway 361 Beach Access Road 2 does not contain a Gi_O recommended "switch back" that turns away from the prevailing winds at the approach to the beach. If the roadway were improved with the necessary turn away from prevailing winds, the Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 23 accumulation of sand in the roadway would be reduced. Vacant privately owned properties are located on either side of Beach Access Road #2, which when platted may allow the realignment of the roadway to include a small switchback. The construction of the switch back may require public grant funding with a local match. Figure 15: Mustang Island State Park Entrance, Google Aerial VI.C.2 Mustang Island Park Entrance Road Mustang Island Park Entrance Road connects State Highway 361 with a beach parking lot. The entrance road has a length of approximately 0.30 miles and a width of 22 feet with several pull out parking areas along its length. The roadway also connects with an Recreation Vehicle Park. The roadways contains a switch back but does not have a raised speed hump elevation for storm surge protection at the approach to the beach. The entrance roadway is owned and maintained by the state and is exempt from the Erosion Reponses Pian. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 24 Figure 16: Beach Access Road 3, Mustang Island State Park VI.C.3 Beach Access Road 3 Beach Access Road 3 is located on Mustang Island State Park and connects State Highway 361 with the gulf beach. Beach Access Road #3 is not subject to the Erosion Response Plan. The approximate length of the Beach Access Road #3 is 0.50 miles. The roadway consists of two travel asphalt lanes with a width of 20 to 24 feet, 5 to 8 foot wide gravel shoulders and roadside drainage. The roadway does not have the GLO recommended switch back alignment away from prevailing winds and does not have an "elevated hump" at the approach to the beach. Beach Access Road 3 is owned by the State of Texas and is exempt from the Erosion Response Plan. VI.C.4 Newport Pass Road Newport Pass Road connects with State Highway 361 and the gulf beach and is located approximately 1 mile south of Beach Access Road #3. The total length of the roadway is approximately 0.50 miles. The roadway is composed of asphalt pavement with a width of 20 feet for two travel lanes. The roadway contains two switch -backs consistent with GLO design guidelines. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 25 N+r^Npor[ Sti^✓ii<�i-_.�:k il.�ric3 rcD2.--3r: Figure 17: Newport Beach Access Road, Photos and Google Aerial While the roadway does not contain the GLO recommended roadway hump at the approach to the beach, there is a moderate elevation grade leveling off roughly 100 feet before connecting with the beach. Damage to the roadway from previous hurricanes and tropical storms has been minimal. The possibility of future damage to commercial or residential property adjacent to the roadway is negligible as the County owns all adjacent property. However, if the roadway sustains major storm damage in the future, the County would address a more prominent elevation similar to that of an exaggerated speed hump if funding were available. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 26 VI.C.5 Zahn Road Figure 18: Zahn Road at Packery Channel, Google Aerial Figure 19: Zahn Road at Packery Channel Zahn Road is located approximately 1 mile south of Newport Pass Road and connects State Highway 361 to the beach. Roadway length is 950 feet with a right-of-way of 85 feet and two travel lanes. A five foot sidewalk is located on the northern edge of the right-of-way. The roadway does not have a GLO Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 27 recommended switchback or an elevated section near the approach to the beach. In the future, if the roadway is substantially damaged then an elevated section would be pursued if funds are available. Due to the adjacent residential subdivision and dune system, a realignment to include a switch back may not be feasible. VI.C.6 Beach Access Road 3A Figure 20: Beach Access Road 3A, Google Aerial Beach Access Road #3A on North Padre Island is located immediately south of the Packer Channel and connects with the gulf beach via Park Road 22, Whitecap Boulevard and Windward Drive. The approximate length of the Beach Access Road #3A is 0.14 miles or 750 feet. The roadway consists of two asphalt travel lanes with a width of 20 feet. The roadway alignment is generally consistent with GLO standards with a steep drop off within 100 feet of the beach. In addition, there is at least 10 feet of elevation from the beach landward to Beach Access Road 3A's connection with Windward Drive. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 28 Figure 21: Beach Access Road 3A, Seaward View VI.C.7 Seawall Parking Lot Figure 22: Seawall Parking Lot The seawall parking lot was constructed in 2006 and contains approximately 300 parking spaces. Since construction the parking lot has been improved with several enhancements that include public restrooms, landscaping and an ADA beach access ramp from the seawall to the beach. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 29 Vl.C.8 Whitecap Boulevard Whitecap Boulevard on North Padre Island is located 0.85 miles south of the Beach Access Road 3A and connects the gulf beach with Windward Drive. The approximate length of the Whitecape Boulevard between the beach and Windward Drive is 1,100 feet. The roadway pavement consists of two asphalt travel lanes, parallel on street parking with a width of approximately 44 feet. The roadway contains curb and gutters with sidewalks on both sides of the street, ranging in width from 10 feet to five feet at the approach to the beach. The roadways length and alignment are generally consistent with GLO standards. The msl elevation at Windward Drive is 7 feet with a gradual slope to the sea level at the beach. In the event of storm damage, if funds are available, the City would reconstruct the roadway with an exaggerated speed hump at the approach to the beach per GLO design guidelines. Figure 23: Whitecap Boulevard, Google Aerial Nueces County I Corpus Christi Erosion Response Plan June 27, 2012 Page 30 Figure 24: Whitecap Boulevard, Seaward View VI.C.9 Beach Access Roads 4, 5, 6 and Padre Balli Park EntrancelExit Road These access roads connect directly to State Highway Park Road 22, providing public access within the park along North Padre Island. (Figure 27) Figure 25: Beach Access Roads 4, 5, 6 and Padre Balli Park Entrance 1 Exit Road access Road 4''- -- Access Padre; Fsa.l9i Entrance7Exit Beach Access Road 4 is located approximately 0.20 miles south of Whitecap Road and connects the beach with Park Road 22. Beach Access Road 4 is 0.5 miles in length and 24 feet in width and contains two travel lanes. Elif Road Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 31 intersects Beach Access Road 4 approximately 950 landward of the Gulf Beach to form a T -intersection. Beach Access Road 4 has a straight alignment without switchbacks but is oriented at an angle to the prevailing winds. Due to Beach Access Road 4's relatively flat grade and low elevation, if the roadway sustained major storm damage, then Nueces County would seek funding to address construction of a more prominent elevation and possibly a switchback consistent with GLO design guidelines. Figure 26: Beach Access Road 4, Seaward View at the Intersection of Eiit Road VI.C.1 0 Beach Access Road 5 Beach Access Road 5 is located approximately 0.5 miles south of Beach Access Road 4 and also connects the beach with Park Road 22. The total length of the roadway is 0.4 miles and contains a width of 24 feet. The roadway is not consistent with GLO design guidelines for a switchback and an elevated hump at the approach to the beach. If Beach Access Road 5 sustained major storm damage, the county would seek funding to address construction of a more prominent elevation similar to that of Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 32 the exaggerated speed hump and some road realignment to ensure that its culminating point onto the beach was at more prominent angel to the prevailing wind direction. Because Beach Access Road 5 is within the Park, there are no impacts to private property. Figure 27: Beach Access Road 5, Seaward View VL.C.1 1 Padre Baiii Park Entrance/Exit The Padre Balli Park Entrance/Exit is located approximately 028 miles south of Beach Access Road 5 and also connects the beach with Park Road 22. The total length of the roadway is 0.38 miles. The entrance and exists along this roadway are divided by a large median. The entrance and exit roadways are each 24 feet in width. As the park entrance, the roadways connects to the beach, beach parking facilities, RV Camping facilities, County Park Offices, and Bob Hall Pier. Reorientation of the access road would require major redesign of the park. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 33 Figure 28: Padre Balli Park Entrance/Existing Road, Seaward View In order to deflect a direct storm surge a Targe grassy area has been highlighted in Figure 31 with the recommendation to create a Targe dune on this site. The unused grassy surface is 51,340 or about 1.1 acres. Dunes could be built on the area by placing sargassum seaweed from nearby beach areas. Figure 29: Padre Balli Park Entrance - Potential 1.1 Acre Dune Construction Site Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 34 VI.C.12 Beach Access Road 6 Beach Access Road 6 is located 0.45 miles south of the Padre Balli Park Entrance/Exit Road and is very near the southern most boundary of Padre Bailie Park. The roadway connects with Park Road 22 and has a total length of 0.4 miles and contains a switchback alignment but at its approach to the beach faces into the prevailing wind. While there is a gentle rise in elevation as the roadway approaches the beach, there is not the pronounced rise in road elevation suggested by GLO guidelines. Figure 30: Beach Access Road 6, Google Aerial Figure 31: Beach Access Road 6, Seaward View Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 35 VI.C.13 Padre Island National Sea Shore North Beach Access Road Padre Island National Sea Shore North Beach Access Road located 7.5 miles south of Beach Access Road 6. The roadway connects with Park Road 22 and has a total length of 0.42 miles and contains a switchback alignment but at its approach to the beach faces into the prevailing wind. The orientation of the roadway at the beach is facing into the wind and not consistent with GLO Guidelines. There is a gradual elevation up to the foredune ridge with a sloping drop off to the beach. The roadway is owned and maintained by the U.S. Park Service. Figure 32: Padre island National Sea Shore North Beach Access Road VI.D. 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. Nueces County 1 Corpus Christi Erosion Response Plan June 27, 2012 Page 36 VI.D.1 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 street included: a gravel sidewalk along the northern edge of the roadway, resurfacing, etc. VI.D.2 Beach Renourishment 1 Padre Island Seawall Figure 33: Beach Access Road Alignment 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. VI.D.3 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. VI.D.4 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 Erosions 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. VI.D.5 Packery Channel Recreational Improvements 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. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 37 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. VI.E. Priority for Beach Access Road Improvements The prioritization for beach access improvements should be based on: VI.E.1 Enhancing Public safety. VI.E.1.i Beach Access Road Spacing. 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. VI.E.1.ii Beach Access Road Realignment and Raised Humps. Improvements to protect the access and surrounding developed property from storm surge damage By realignment of the beach access in accord with GLO Guidelines; and by placing a raised hump in the roadway landward of the beach per GLO Guidelines. VI.E.1.iii Beach Renourishment. Beach Renourishment where the narrow width of the beach becomes a safety hazard and/or is Tess than 100 feet wide. VI.E.1.iv Beach Amenities. Amenities to benefit the general public's beach access experience at high use areas including public showers and restrooms landward of the public beachPackery 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. VI.E.2. Short Term Goals (Three years or less) VI.E.1.i. New Beach Access Road on Mustang .Island. Obtain right-of-way for a new beach access roadway north of Mustang Island State Park. Nueces County 1 Corpus Christi Erosion Response Plan June 27, 2012 Page 38 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. VI.E.1.ii New Beach Access Road on North Padre Island. Obtain right-of- way for a new beach access roadway south of Access Road 6. Currently, there is 75 mile spacing between Beach Access Road 6 and the National Sea Shore Beach Access Roadway. VI.E.1.iii. Beach Monitoring. Continue monitoring of the beach at Packery Channel. VI.E.1.iv. Packery Channel. Packery Channel Improvements — parking, outlooks, restrooms, ADA access improvements, etc. VI.E.1.v. Corp of Engineers Permit for Beach Cleaning. Propose revisions to the existing Corp of Engineers permit for beach cleaning which allows widening of the beach by placemen t of beach sand seaward of mean high tide. VI.E.1.vi. Beach Bollards. Install beach bollards in front of the seawall to delineate vehicular and non -vehicular beach access areas. VI.E.3. Long Term Goals (greater than two years) VI.E.3.i. Construct New Beach Access Road on Mustang Island. 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. VI.E.3.ii. Construct New Beach Access Road on North Padre Island. Construct a new beach access roadway south of 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. VLE.3.iii. Seawall Beach Renourishment. Renourishment of the beach in front of the Padre Island Seawall. VI.E.3.iv. Monitoring Mustang Island Beaches. Monitoring and renourdshment of the beach north of Mustang Island State Park. VI.E3,v. Packery Channel Improvements. Packery Channel fishing and outlook amenities. VII. Acquisition of Property Seaward of Setback Line The City of Corpus Christi and Nueces County have developed criteria for identifying properties for voluntary acquisition of fee simple title or a lesser interest acquisition lb donation or potential purchase. These properties, which may have structures located entirely seaward of the building setback line, experience severe damage during storms, Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 39 impede the development of a natural dune system and restrict the use of the public beach. To be considered for acquisition, a structure must: • be entirely seaward of the building setback line, • impede beach access, • be more than 25% on the public beach, • affect hydrology as determined by a registered professional geologist/engineer licensed in the State of Texas, • deemed to be a hazard to health and safety, or • cause erosion of adjacent property. Property to be acquired will be prioritized based on the severity and amount of criteria met. Acquisition strategy will consist of: • acquisition by voluntary donation to the City or County, • identification of potential property, • negotiation of acquisition, • available funding including potential grants, • agreement execution, and • removal or relocation of structure. VIII. Post Storm Recovery 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. VIII.A. Inspections Conduct inspections of all designated beach access points to determine whether the public is able to access the beach. VIII.B. List Required Repairs Compile a list of required repairs and replacements, including but not limited to parking areas, pedestrian pathways, vehicular access ways, and signage. VIII.C. Repair Schedule Create schedules for public access area repairs and replacements based on local funding and grant requests. Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 Page 40 Appendix 1: Packery Channel Development Plan vi a --r Jam+ a) -0 ro C � O O 1_ L � L � H` V _c y 15.O 03 }+ z o d 4.1 - a RS � U RI H fCS o ns 0 co 4.1 C Q E w0. 0 to 0_ x roro W CO CU C C o 03 C V O a) C O V (47iA cu ala 0 Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 X X LU 0 N E N N 41 1/1 U7 c 7 N C d Nueces County/Corpus Christi Erosion Response Plan June 27, 2012 I. , _L I I I._, i.. I. . L u.._ J.._.. Appendix 3: Beach Access Assessment and Mitigation Map Exhibit 21 Nueces County / Corpus Christi Erosion Response Plan June 27, 2012 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5999361 PO # 1)z q I Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO.029541 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 7/2/2012, 7/2/2012. $ 149.13 1Time(s) On this LL day of is a true and an exact copy e by ublisher. LEGAL SALES REPRESENTIVE , 2 Ok2,I certify that the attached document MRf I it JOYCE CABRERA My Cnrnintssron Expires March 19, 2016 Nota Texas CALLER -1 MES cc July 2, 201.2 K 3E Legal Notice • 1110 NOTICE OF PASSAGE OF ORDINANCE NO.029541 } Adopting the Joint Erosion Response Plan for Nueces County and the City of Corpus Christi 2012;; amending the Code of Ordinances, City of Corpus Chris- ti, Chapter 10, Beachfront Manage- m e n t a n d Construction, by des- ignating the erosion response building set -back line or ero- sion set -back line, requiring an erosion response permit for construction seaward of the erosion set- back line, and mak- ing other conforming changes to the chap- ter; 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 penal- ties; providing for severance; providing for publication; and providing a delayed effective date. /s/ Armando Chapa City Secretary