IStaff Report 13P-51 Page 11 13P-51 (10811 San Luis Pass RoadlFM 3005) Request for a Beachfront Construction Certificate/Dune Protection Pennit in order to obtain an Annual Beach Maintenance Pennit to clean beach of debris and seaweed. Property is legally described as Lots 402 and 421, Trimble and Lindsey Section 1, Seascape Condo, in the City and County of Galveston, Texas. Applicant and Property Owner: Seascape Homeowners Association c/o Bill Etheredge E XlstlDe;.. Zo'mne; andLandUse: Zoning Planned Development, Height and Density Development Zone. Zone 6 (PD­ HDDZ-6) I Lall~ Use Beach ~1 .. '7nninl7 and Land Use: North South East West Zoning Commercial, Planned Planned Resort, Height Height and Development, Development, and Density Density Height and Height and Development Development Density Density Zone, Zone 6 Zone, Zone 6 (C- Development Development (RES-HDDZ-6) HDDZ-6) Zone, Zone 6 Zone, Zone 6 (PD-HDDZ-6) (PD-HDDZ-6) Land Use Vacanti Gulf ofMexico Vacant RV Park Commercial City Department Notifications: Public Utility Notifications: Airport: Pending AT&T: Pending Building Department: Pending CenterPoint Energy: Pending Fire Chief: Pending Comcast: Pending Fire Marshal: Pending Texas Gas Service: Pending Police Department: Pending Public Works Department: Pending Other Notifications: Texas General Land Office: Pending Size of Site: Beach Area: - Approximately 410 linear feet ofBeach Area Physical Characteristics: This area is defined by the University of Texas at Austin, Bureau of Economic Geology, as having an erosion rate of -9.7 feet per year. The subject site is the beach to the south of the Seascape Condominiums. The proposed beach maintenance for this development will lie within the area from mean low tide to 200-feet landward of the mean low water line, and therefore, requires Planning Commission review. ANALYSIS Section 29-90: Coastal Development (i) - Beachfront Construction & Dune Protection Pennit Standards states that: IStaff Report 13P-51 Page 21 "Before issuing a Dune Protection Permit the Department of Planning & Transportation and the Planning Commission, for their respective responsibilities as outlined in Section (a)(4), must find that: (1) The proposed activity is not a prohibited activity as defined in these standards. The proposed activity is not prohibited in Section 29-900): Prohibited Activities. (2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in "Technical Standards" of these standards. The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed. The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward ofthe 200-foot from mean low tide line. (3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards. The proposed beach maintenance area will be located on the beach adjacent to the Dunn Ocean Villas Property. There are no alternatives for the proposed work. (4) The applicant's mitigation plan, for an activity seaward of the Dune Protection Line, if required, will adequately minimize, mitigate, and/or compensate for any unavoidable adverse effects. No mitigation plan will be required. (5) The proposed activity complies with any applicable requirements of: Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section; and The request for Annual Beach Maintenance permit is to clean the beach area ofdebris and seaweed. The beach maintenance activities will be located on the beach from the mean low tide line to 200­ feet landward ofthe 200-foot from mean low tide line. There should be no adverse impacts on the natural drainage pattern ofthe site and adjacent lots. The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements, and the Dune Protection and Beach Access Plans. (6) The structure is located as far landward as practicable. There is no structure being proposed in this application. Staff further finds: I (1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property. (2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site. I Furthermore, the applicant would be required to submit a drainage plan to show the drainage to the right-of-way, to the north ofthe lot. t (3) The activity will not result in significant changes to dune hydrology. I (4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation. (5) The activity will not significantly increase the potential for washovers or blowouts to occur. I, r I t IStaff Report 13P-51 Page 31 CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented, this request for a Beachfront Construction Certificate/Dune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2.1: Expand Galveston's Attraction as a Quality, Year-Round, Tourist Destination). Additionally, the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-4.4: Research and Implement Projects to Promote Shoreline Stabilization). STAFF RECOMMENDATION t Staff recommends that l3P-51, request for a Beachfront Construction and Dune Protection Permit in order to obtain an annual beach maintenance permit, be approved with the following conditions: Specific Conditions ofCase 13P-51: I I. Please be advised, Staff had not received comments from the Texas General Land Office regarding this request for beach maintenance at the time of this staff report. Please find below, I typical conditions from the GLO for beach maintenance on the west end of Galveston: a. The rake height should be adjusted to allow the rake teeth to draw man-made and naturally occurring debris into piles or windrows, while at the same time minimizing the amount of sand moved from the beach. b. The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible. c. The proposed beach maintenance activities must not result in the potential for increased flood damage to the proposed construction site or adjacent property, result in runoff of drainage patterns that aggravate erosion, cause significant changes to dune hydrology, adversely effect dune complexes or dune vegetation, or significantly increase the potential for washovers or blowouts to occur. d. The collected seaweed may be placed at the seaward toe of the primary dune within 20-feet of the line of vegetation. The City should encourage the applicant to place the beach maintenance materials landward of the 200 feet from mean low tide line to minimize the I reduction of the public beach easement. e. The proposed beach maintenance activity must not restrict or interfere with public use of the I beach at normal high tides. f. The Park Board must mitigate for the disturbance of dunes or dune vegetation. I g. The City of Galveston staff should ensure that a person who is trained to monitor for the presence ofturtles is on-site when the proposed beach maintenance activities are conducted. I 2. The applicant is limited to an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 410 linear feet of beach area adjacent to the Diamond Beach Condominiums; i i 3. The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line; 4. The sand/seaweed must be stockpiled within the permitted area of the beach that it was cleared; I 5. The applicant must notify Planning staff when heavy equipment will be used for beach maintenance activities; r f I 1 1 Staff Report 13P-51 Page 41 Standard Conditions: 6. All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galveston's beach maintenance activity regulations, and the Beach Dune Rules regarding maintenance ofthe public beach.; 7. Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach. The proposed activity must not damage the beach, dunes or dune hydrology. All debris shall be removed and discarded off-site; 8. Applicant shall comply with the attached site plan, regarding the geographic confines of the beach maintenance activity. The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 164 linear feet section of beach, according to all specifications set by all City Departments; 9. The applicant shall insure that there will be Certified Turtle Monitor to monitor the work as not to disturb nesting sea turtles. Additionally, the Fish and Wildlife Department will be notified prior to each beach cleaning; 10. The applicant must adhere to all comments received from the Texas General Land Office. Should the comments require the applicant to alter the project, the case must be returned to the Planning Commission for approval; and, 11. The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards: Development, Preservation and Protection of Sand Dunes. ATTACHMENTS "A" - Aerial Zoning Map "B" - Applicant's Narrative of Request "c" - Site Plan I Subject to the Rights of Appeal, the Planning Commission has final decision regarding this Beachfront Construction Certijicate/Dune Protection Permit Request. Respectfully Submitted, S:\P\anning\P\anning Division\PC\Slaff Reports\l3pc\l3P-51\13P-S\ slt:doc IStaff Report 13P-53 Page 11 13P-53 (The Dunes of West Beach Subdivision -19203 Shores Drive to 19711 Shores Drive) Request for a Beachfront Construction Certificate/Dune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed.