Folly Beach Planning Commission

Transcription

1 Folly Beach Planning Commission July 2, :00 PM WORK SESSION 7:00 PM REGULAR MEETING Commission Members: Greg Anderson; Adam Barker; Randy Carter; Lisa Strauss; Kirk Grant; LaJuan Kennedy; John Merritt; Michael Norton; John Pence 6:00 PM WORKESSION 1) Review of Formula Business zoning proposal 2) Review of subcommittee report on historic preservation incentives 1: Call to Order; Roll Call 2: Freedom of Information Statement 3: Approval of Previous Minutes 4. Personal Appearances 5. Citizen Comments 6. Unfinished Business 7:00 PM REGULAR MEETING (1) PC Recommendation on sending historic preservation incentives to Council. 7: New Business (1) Moratorium Session 1: review of oceanfront development, oceanfront management issues, current regulations, and initial areas of study. 8: Staff Comments (1) Moratorium Session 2: Marsh development review scheduled for July 9. 9: Commission Comments 10: Adjournment

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3 To: Members of the Planning Commission From: Aaron Pope, AICP RE: Subcommittee Report for Preservation Standards Date: July 2, 2018 In July of 2017 the PC established a subcommittee to develop incentives to encourage the preservation of historic structures on the island. This project originated from the 2015 Comprehensive Plan which established goals and implementation strategies that call for municipal support of preserving our historic landmarks and older commercial and residential structures that contribute to the history of Folly Beach, incentives for the use of existing structures and vernacular design in new construction, and encouraging owners of older homes to elevate vs. demolish. It should be noted that the 2015 Comp Plan is not the first time this idea has come up. Preserving older homes is a longstanding goal of the community. The subcommittee held multiple joint work sessions with the Design Review Board, the full membership of the Planning Commission, and members of City Council (7/3/17, 8/7/17, 9/29/17, 10/2/17, 3/5/18, 3/19/18, 4/2/18, 4/16/18, 5/7/18) A summary of the final proposals is below. Guiding Principles for Preservation Incentives: Must be valuable enough to encourage reuse of existing buildings. Cannot waive flood regulations. Based on elimination of penalties/disadvantages of keeping existing structures. Limited to the contribution of the structures being preserved. Applied to all structures over 50 years old regardless of architectural merit. Implemented through zoning allowances or financial programs. Preservation Incentives: Any existing building more than 50 years old shall be considered a structure of local historic importance. For any new construction that elevates and incorporates an existing structure of local historic importance: 1) The lot coverage limit shall be increased by the area of the footprint of the historic structure in an amount not to exceed 1,000 square feet.

4 2) The heated square footage limit shall be increased by an amount equal total heated square foot of the historic structure area up to 1,000 square feet. For any new construction incorporating a historic structure or substantial improvement of an existing historic structure (without associated new construction): 1) Setbacks shall not apply to historic structure that is elevated to meet current FEMA requirements. 2) Permit fees for the portion of total cost related to elevating historic structures shall be waived. 5) The City shall waive property taxes for 5 years* This requires the creation of a local Preservation Board and ordinance. 4) The City shall waive permit fees up to an additional $1,000 to offset documented charges for technical services related to the elevation or restoration of historic structures. For all existing locally historic structures: 1) Demolition fees shall be raised to $5,000. This fee shall be reduced to $500 upon demonstration that the existing structure is either a) structurally unfit to be elevated or b) is unfit for human habitation due to life, health, and safety code deficiencies. Aaron Pope

5 Defining and Protecting Dune Systems & Active Beach SC Coastal Tidelands & Wetlands Act Current Definitions under statute: "Primary ocean front sand dunes" means those dunes which constitute the front row of dunes adjacent to the Atlantic Ocean. Active beach is that area seaward of the escarpment or the first line of stable natural vegetation, whichever first occurs, measured from the ocean. Below is the dune definition that was proposed (that didn t pass) in the shoreline reform this past session. It was not popularly supported given that many SC dune systems have a hard time meeting these definitions. I would avoid this because I think it is overcomplicated and only specific to a primary dune: (I) 'Primary ocean front oceanfront sand dunes dune' means those dunes which the dune or dunes that constitute the front row of dunes adjacent to the Atlantic Ocean. For the purposes of establishing a baseline for an erosion zone pursuant to Section , the most seaward of the following constitutes the primary oceanfront sand dune: (1) a dune generally having a minimum height of thirty six inches, as measured vertically from the crest to the toe of the dune, and that forms a continuous ridge for five hundred feet parallel to the shore, irrespective of natural or man caused variations in the dune that may result in small sections being less than the minimum required height or length; or (2) a continuous or nearly continuous dune located landward of the beach with a relatively steep seaward slope that is typically not eroded or overtopped during astronomical tides unaffected by storm surge, but that may be subject to erosion or overtopping due to storm surge and waves during major coastal storms. Example Definitions from Existing Ordinances/Statutes: New Jersey (Coastal Zone Management Rules) 7: Dunes (a) A dune is a wind or wave deposited or man-made formation of sand (mound or ridge), that lies generally parallel to, and landward of, the beach and the foot of the most inland dune slope. Commented [EC1]: This is certainly lengthy, but out of all the dune definitions I ve seen, this one seems to capture a really good understanding of what constitutes a dune in a dune system. I think it s a more protective definition and you could pull from it if you re interested.

6 Dune includes the foredune, secondary or tertiary dune ridges and mounds, and all landward dune ridges and mounds, as well as man-made dunes, where they exist 1. Formation of sand immediately adjacent to beaches that are stabilized by retaining structures, and/or snow fences, planted vegetation, and other measures are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development. 2. A small mound of loose, windblown sand found in a street or on a part of a structure as a result of storm activity is not considered to be a "dune." (b) Development is prohibited on dunes, except for development that has no practicable or feasible alternative in an area other than a dune, and that will not cause significant adverse longterm impacts on the natural functioning of the beach and dune system, either individually or in combination with other existing or proposed structures, land disturbances, or activities. In addition, the removal of vegetation from any dune, and the excavation, bulldozing, or alteration of dunes is prohibited, unless these activities are a component of a Department-approved beach and dune management plan. Examples of acceptable activities are: 1. Demolition and removal of paving and structures; 2. Limited, designated access ways for pedestrian and authorized motor vehicles between public streets and the beach that provide for minimum feasible interference with the beach and dune system and are oriented so as to provide the minimum feasible threat of breaching or overtopping as a result of a storm surge or wave runup 3. Limited stairs, walkways, pathways, and boardwalks to permit access across dunes to beaches, provided they cause minimum feasible interference with the beach and dune system; 4. The planting of native vegetation to stabilize dunes 5. Sand fencing, either a brush type barricade or picket type, to accumulate sand and aid in dune formation (e) Rationale: Ocean and bayfront dunes are an irreplaceable physical feature of the natural environment possessing outstanding geological, recreational, scenic and protective value. Protection and preservation in a natural state is vital to this and succeeding generations of citizens of the State and the Nation. The dunes are a dynamic migrating natural phenomenon that helps protect lives and property in adjacent landward areas, and buffers barrier islands and barrier beach spits from the effects of major natural coastal hazards such as hurricanes, storms, flooding and erosion. Natural dune systems also help promote wide sandy beaches and provide important habitats for wildlife species. 7: Overwash areas (a) An overwash area is an area subject to accumulation of sediment, usually sand, that is deposited landward of the beach or dune by the rush of water over the crest of the beach berm, a dune, or a structure. An overwash area may, through stabilization and vegetation, become a dune.

7 1. The seaward limit of the overwash area is the seaward toe of the former dune, or the landward limit of the beach, in the absence of a dune. 2. The landward limit of the overwash area is the inland limit of sediment transport. 3. Verifiable aerial photography and other appropriate sources may be used to identify the extent of overwash. (b) Development is prohibited on overwash areas, except for development that has no prudent or feasible alternative in an area other than an overwash area, and that will not cause significant adverse long-term impacts on the natural functioning of the beach and dune system, either individually or in combination with other existing or proposed structures, land disturbances or activities. Examples of acceptable activities are: 1. Creation of dunes or expansion of existing dunes; 2. Demolition and removal of paving and structures; 3. Limited, designated access ways for pedestrians and authorized motor vehicles between public streets and the beach that provide for the minimum feasible interference with the beach and dune system and are so oriented as to provide the minimum feasible threat of breaching or overtopping as a result of storm surge or wave runup; 4. Construction of street-end beach accessways along the oceanfront, provided they are oriented at an angle against the predominant northeast storm approach, are limited in width to no more than ten feet, and are defined/stabilized with sand fencing. These standards should be included in all beach and dune management plans for oceanfront locations. (f) Rationale: Overwash areas indicate weakness in natural and man-made shore protection. Hazard has been demonstrated, often with extensive property damage. Overwash areas are, therefore, unsuitable locations for further development, and public funds should not be used to rebuild damaged shore protection structures. However, in certain oceanfront communities where an existing municipal boardwalk (including all adjacent resort-oriented commercial establishments) is already densely developed and is the dominant tourism attraction of the community, low intensity, infill development may be permitted. At these specific locations, the gain in public use and enjoyment of the beach, ocean and boardwalk facilities outweighs the limited additional loss in property damages. Elsewhere the return of these areas to a natural state and the formation of dunes is desirable. Overwash is a natural shoreline movement process associated with storm and rising sea level and is one of the processes by which barrier islands migrate inland under natural conditions. In New Jersey, migration caused by overwash is usually prevented due to shore protection structures, the highly developed nature of barrier islands and post-storm clean-up practices. A development proposed in an overwash area may, by incorporating a design dune and buffer area, whose dimensions of which would be determined on a case-by-case basis, migrate the hazard and change the classification of the site so that it is no longer an overwash area.

8 Oak Island, NC OOR_CH14EN_ARTIIIPRSADUSETUOTWIHASAMAPR_S14 121DE Commented [EC2]: A lot of NC beach communities use the same or similar definitions as below. Dune system. Frontal dune means the first mound of sand located landward of the beach having sufficient vegetation, height, continuity, and configuration to offer protective value. Secondary dune means, for the purposes of the administration and enforcement of this article, those dunes or berms and sand management project areas, either manmade or natural, that meet the continuity of the existing surrounding primary frontal dunes. Regulations that apply to the frontal dunes also apply to the secondary dunes. Dunes (natural or manmade) means, for the purposes of the administration and enforcement of this article, those dunes or berms and sand management project areas, either manmade or natural, in existence as of December 10, 1999, and/or those restored by the town or other public entity. It shall also apply to any placement of materials from any other soil deposition project undertaken after the adoption of this article. Ocean beach means lands consisting of unconsolidated soil materials that extend from the mean low water mark landward to the mean high water mark as surveyed by the U.S. Army Corps of Engineers in January 2000; to a point where either the growth of vegetation occurs or a distinct change in slope or elevation alters the configuration of landform, whichever is further landward. Duck, NC gulations/chapter94beachanddunemanagement?f=templates$fn=default.htm$3.0$vid= amlegal:duck_nc$anc=jd_94.05 BARRIER DUNE. The easternmost sand dune or system of sand dunes which lies just west of the mean high water mark of the Atlantic Ocean and forms a protective barrier from the actions of the Atlantic Ocean. BEACH. The lands consisting of unconsolidated soil materials that extend for a distance of 100 yards east of the mean low water mark into the Atlantic Ocean landward to a point where either the growth of stable natural vegetation occurs or a distinct change in slope or elevation alters the configuration, whichever is farther landward.

9 DUNE SYSTEM, PRIMARY DUNE. The first mounds of sand located landward of the beach having an elevation equal to the mean flood level for the area plus 6 feet. The primary dune extends landward to the lowest elevation in the depression behind the same mound of sand. Atlantic City, NJ SAND DUNES Naturally occurring accumulations of sand in ridges or mounds landward of the beach. DUNE A wind or wave deposited formation of vegetated or drifting windblown sand, generally parallel and landward between the inland limit of the beach and the foot of the most inland dune slope, including primary, secondary and tertiary dunes where they exist. Formations of sand immediately adjacent to beaches that are stabilized by retaining structures, such as snow fences, planted vegetation and other measures, are considered to be natural "dunes, regardless of the degree of modification of the dune by wind or wave action or disturbance by development. A "dune" shall not include loose windblown sand found in a street, on part of a structure or against any structures such as comfort stations, lifeguard tents, pavilions or the Boardwalk as a result of wind or storm activity. BEACH Gently sloping, unvegetated areas of sand or other unconsolidated material that extends landward from the mean high water line to where there is a marked change in the material of physiographic form, i.e., dune or boardwalk. PRIMARY FRONTAL DUNE A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope. Atlantic Beach, NC TIICOOR_CH5BESHRE_ARTIIVETR_S5 21DE Beach and sand dunes area means all land landward of the low water mark of the Atlantic Ocean and the low water mark of Bogue Sound, to include the foreshore beach strand, barrier dune system, single sand dunes, dune ridges, dune systems, and any part thereof, both old and new, including the vegetative cover relating to these dunes. However, public streets and highways are expressly excluded in this definition. Further, the areas of the front, side, and rear yards of a residence or business which is not part of a sand dune, dune ridge, or dune system, and which is

10 covered by vegetative cover, gravel, rock, asphalt, cement, or similar material, is excluded from this definition. Nags Head, NC OOR_CH48ZO_ARTXXHUSTREREGEUSSTOCHAAR Frontal dune means, in areas where there is a primary dune, that dune shall be deemed to be the frontal dune. Where there is no primary dune, the frontal dune is deemed to be the first mound of sand located landward of the ocean beach having sufficient vegetation, height, continuity and configuration to offer protective value. Manmade mounds seaward of the natural line of frontal dune and dunes created after June 1, 1979, shall not be considered to be frontal or primary dunes, except where no frontal or primary dune exists. Ocean beach means the area of land consisting of unconsolidated soil material that extends from the mean low water line landward to a point where either the growth of vegetation occurs; or a distinct change in slope or elevation alters the configuration of the land form, whichever is farther landward. Primary dune means the first mound of sand located landward of the ocean beach having an elevation equal to the mean flood level (in a storm having a one percent chance of being equalled or exceed in any given year) for the area plus six feet. The primary dune extends landward to the lowest elevation in the depression landward of that same mound of sand (commonly referred to as the " dune trough"). Vegetation line means the first line of stable natural vegetation, which shall be used as the reference point for measuring oceanfront setbacks. This line represents the boundary between the normal dry sand beach, which is subject to constant flux due to waves, tides, storms and wind, and the more stable upland areas. It is generally located at or immediately oceanward of the seaward toe of the frontal dune and/or erosion escarpment. In areas where there is no stable natural vegetation present, this line shall be established by connecting or extending the lines from the nearest adjacent vegetation on either side of the site and by extrapolating (by either onground observation or by aerial photographic interpretation) to establish the line.

11 Pulling from the examples/language above: ACTIVE BEACH. The area of land consisting of unconsolidated soil material that extends from the mean low water line landward to a point where either the growth of vegetation occurs; or a distinct change in slope or elevation alters the configuration of the land form, whichever is farther landward. Commented [EC3]: I tried to form the active beach definition based on a lot of existing examples that s also relatively easy to survey without any need for technical expertise. The dune definition is mostly based on the New Jersey statute because I think it provides a foundation for protection of the full dune system and not just the primary dune. DUNE. The sandy, vegetated hills that border beachfront. A dune is a wind or wave deposited or manmade formation of sand (mound or ridge), that lies generally parallel to, and landward of, the beach and the foot of the most inland dune slope. Dunes make up dune systems, which can include the primary, secondary or tertiary dune ridges and mounds, and all landward dune ridges and mounds, as well as manmade dunes, where they exist. 1. Formation of sand immediately adjacent to beaches that are stabilized by sand fences, planted vegetation, and other measures are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development. 2. A small mound of loose, windblown sand found in a street or on a part of a structure as a result of storm activity is not considered to be a "dune."

12 Moratorium Session 1 Oceanfront Development Review: July 2, 2018 Folly Beach Planning Commission

13 Land fronting the beach on Folly Island falls into three zoning districts. At either end of the island are large parcels zoned Conservation (CN) and allow very limited development intended to maintain property in a mostly undeveloped state. The CN properties are currently owned and operated by Charleston County Parks and Recreation and account for approximately 25% of the total shoreline of the island. Existing Oceanfront Land Use Property between either end of the island and the central commercial district is zoned Residential Single Family (RSF)and consists of single family housing with a few non conforming duplexes/triplex/quadaplex units. The current maximum allowable square footage is 3,600 heated square feet. A handful of homes are built to the prior maximum allowable size of 4,500 square feet, but the majority of the houses on front beach are still 3,000 square feet or less. Setbacks are as low as zero 0. The RSF properties account for approximately 70% of the beachfront. The central beachfront area is zoned Island Commercial (IC). The IC district consists primarily of multifamily developments. Individual properties range from 96 to 4 units. This area is also the location of the largest structure on Folly Beach, the 9 story Tides Hotel. As built setbacks in this area are as low as 0.

14 Management Issues: Prior Plans 2015 Beach Management Plan stated goal to discourage development from encroaching on the beach/dune system, restore habitat, and to improve storm protection 2017 Seal Level Rise Adaptation Report s goal to identify strategies to regulate development and preserve the shoreline on marsh adjacent properties and examine current building and elevation requirements in light of increased flooding potential 2018 Strategic Plan lists preserving the beach and protecting natural resources as the #1 goal, including dune management plan and Marsh Island zoning review Most importantly, the 2015 Comprehensive Plan needs and goals.

15 There are approximately twenty eight (32) super beachfront lots on Folly. These are legally platted lots where development is possible behind the baseline, but in front of existing front beach houses. These lots were deeded and platted in the 50 s and were subject to erosion and accretion prior to the first renourishment. When the baseline was drawn in 1992 these lots were above water and developable. Management Issues: Super Front Beach Lots The City resisted issuing permits, and eventually a number of lawsuits were threatened. The City lost one legal battle to list the hundred-year erosion rate (800 feet/100 years) on the plat for one of the properties, and the City s legal opinion predicted the loss of any other lawsuits that followed. The first building permit was issued in super front beach lots were developed between 1997 and the Great Recession. Additional subdivision north of Sumter Drive (Summerplace Lane) allowed 2 more houses. A third house at this location was permitted prior to the moratorium. There are approximately 17 more lots where a super front beach home could be built if: the owner secures a septic permit from DHEC, and the proposed structure met lot coverage and setbacks. Any super front beach home could not match the 0 setbacks and 50%+ lot coverage of homes built under old zoning rules.

16 All of the properties on Folly Beach with the exception of the commercial district and certain planned residential developments (e.g., Sunset Point), are on septic sewage. Consequently, every developed beachfront property outside of the commercial district contains a septic tank. Septic tanks are a concern because of the potential water quality and human health risks of Management Issues: Septic exposed systems and waste leakage due to erosion, Old deteriorated tanks, and Overused drain fields. Increased storms and flooding leads to periodic floating septic tanks after major storm and flooding events and overused drain fields that become part of the island water system (i.e., septic systems and groundwater mix), As sea level and the water table rise, all septic tanks on the island will be floating at some point in the future. Septic will be obsolete at 3 ft of sea level rise. An analysis of average depth of tanks is needed. On Folly, septic systems have been used to block development rather than relying on zoning.

17 Protection of natural habitats and the sand dune system is one of the primary goals of our beach management strategy. In addition to providing storm and erosion protection, the beach and sand dune system provide important habitats including loggerhead and leatherback turtle and piping plover nesting grounds. The City has recently been designated as a critical loggerhead sea turtle habitat and intends to continue protecting this species and their offspring. Management Issues: Dune Management During the passage of Hurricane Irma, publicly-owned beach access points, dune walk overs, and pedestrian and vehicle access paths were significant points of storm surge intrusion into the residential portions of Folly Beach. In every case storm surge pushed inland until it encountered a significant structure whether that was a seawall, building, dune walkover, or a robust dune. Sand paths typically allowed storm surge to penetrate the residential part of the island. A dune management strategy was adopted to establish a continuous vertical barrier along the developed beachfront. This strategy will be codified into a Dune Management Plan. The city has a policy that all new dune walkovers must be built all the way out to the toe of vegetation of the most seaward primary dune.

18 All beachfront management activities are subject to coordination and/or approval from a wide variety of State and Federal agencies. State General Assembly The General Assembly has the authority to control public lands, including bottomland and beach below the mean high water mark, and setting the baseline. Department of Health and Environmental Control Management Issues: Other Agencies Office of Environmental Quality and Control The Department of Health and Environmental Control Office of Environmental Quality and Control (DHEC EQC) manages water and community wastewater permitting, stormwater permitting, septic systems, beach monitoring, and permitting activity for numerous environmental program areas. Office of Ocean and Coastal Resource Management DHEC OCRM administers the federal coastal program, as amended and refined by the state, and protects and manages coastal public trust resources out to three nautical miles. The Regulatory Programs division reviews and permits activities within the Critical Area, including, docks, estuarine erosion control, beach renourishment, wetland impacts, and marinas within the eight coastal counties. The Coastal Services division provides assistance to local communities in identifying and addressing coastal change, prepares guidance and policy documents to assist government agencies in understanding coastal issues, administers grants and manages the preparation of local comprehensive beach management plans. Department of Natural Resources The South Carolina Department of Natural Resources (DNR) administers the State s threatened and endangered species programs, including protection of shorebirds, sea turtles and marine mammals. DNR also administers most of the State s authority for the management of surface vessels and enforcing boating regulations through the DNR Law Enforcement Division. Department of TransportationThe South Carolina Department of Transportation (DOT) is responsible for planning, constructing and maintaining State roads and bridges, and providing mass transit services in the State DOT also provides emergency response during hurricanes to facilitate evacuation.

19 Currently the setback is scaled according to lot length. Minimum of 5 to maximum of 10. Numerous structures were built to prior 0 limit and are already non conforming. Options include: 1) Removing sliding scale for a flat 10 setback. Initial Proposals: Increasing Setbacks 2) Increasing the scale to new min/max (10 to 15 ). 3) Creating a new increased flat setback (15, 20, etc) 4) Allowing the front setback, currently 10, to be reduced in return for greater baseline setback. Information needed: 1) Number of currently non conforming houses. 2) Number of existing houses affected by each option. 3) Number of lots where no option to build would exist.

20 Folly currently has strict dune protection rules, but they only apply to the primary dune. Ordinance required all beachfront property owners to maintain the land seaward of the PEL to an elevation that does not compromise the integrity of the federal beach nourishment project. Property owners have installed seawalls and hauled in sand to bolster their private land. Initial Proposals: Dune Protection Options include: 1) Redefining the protected area to extend to secondary dunes, any man made structure, a certain elevation, or otherwise extending the zone of no disturbance. 2) Requiring the protected or privately restored area to be improved with sea oats and/or sand fencing. 3) Amend/codify existing walkover regulations to minimize impacts on existing dunes.

21 Regular septic inspections needed: Tie rental permits and building permits to septic inspections/require 5 year record of pumping. At time of sale, property must have a 5 year record of pumping. Investigate other communities approaches: How to test viability of a tank/drainfield? Initial Proposals: Septic Management Septic vulnerability assessment: map and inventory all septic tanks to track failures, site use, age of system, size of tank, location of system in relation to surface waters, etc. Nags Head, NC septic inspection incentive program: a free system inspection if that system is not defined as innovative by its permit with the local health department. In addition to the inspection refund, a property owner that has their septic tank pumped because of the septic inspection can also receive a water credit voucher worth $30 towards their water service account. To assist property owners with failing septic systems, the town also offers a low interest loan program to owners of malfunctioning systems in need of repair or replacement. The maximum amount financed to owners is $5,000 (payable over three years at prime interest rate minus 2.5%).

22 Questions? Additional Areas of Study? Aaron Pope, Director of Planning and Zoning Spencer Wetmore, City Administrator