Folly Beach Planning Commission

Transcription

1 Folly Beach Planning Commission June 4, :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 Presentation of Moratorium: Background, Previously Identified Planning Goals 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) Staff Report re: Arctic Avenue paving/restriping schedule 7: New Business (1) Discussion of moratorium ordinances, timeline, subcommittees 8: Staff Comments 9: Commission Comments 10: Adjournment

2 CITY OF FOLLY BEACH 1 st Reading: May 22, 2018 Introduced by: Mayor Goodwin 2 nd Reading May 30 th, 2018 Date: May 30 th, 2018 ORDINANCE AN ORDINANCE TO IMPOSE A MORATORIUM ON THE SUBDIVISION OF PROPERTY, SITE PLAN REVIEW, AND ISSUANCE OF PERMITS FOR THE NEW CONSTRUCTION OF, OR SUBSTANTIAL IMPROVEMENTS TO, PRIMARY STRUCTURES ON PROPERTIES ADJACENT TO CRITICAL AREAS AS DEFINED BY THE SOUTH CAROLINA DEPARTMENT OF OCEAN AND COASTAL RESOURCE MANAGEMENT FOR A PERIOD OF SIX MONTHS. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City's long term planning documents including, but not limited to, the 2015 Beachfront Management Plan, the 2015 Comprehensive Plan, the 2018 Strategic Plan, and the 2017 Sea Level Rise Adaptation Report all include recommendations that the City pursue the review and development of various regulations applicable to properties located adjacent to the beach or to the marsh; and the need for regulations is demonstrated by the City s experiences with chronic flooding and beach erosion leading to loss of property, and increased local, state, and federal disaster spending; and the City's renourishment agreement with the Army Corps of Engineers requires that the City prevent unwise development near the Baseline to mitigate chronic beach erosion; and the City has experienced significant flooding on properties along the marsh due to high tides and storms; and the City of Folly Beach desires to protect the life and property of it's citizens by encouraging responsible development near the water; and it is the best interest of the City to review propose modifications to its land development codes in and comprehensive manner. NOW, BE IT THEREFORE ORDAINED, by the City Council of Folly Beach, South Carolina that: 1. The City of Folly Beach imposes a moratorium, to be effective immediately upon ratification of this Ordinance, on certain approvals under the applicable provisions of the Folly Beach Code of Ordinances Title XV: Land Use Regulations: a) Subject to Section (b) hereof, no application shall be approved for plat approval, subdivision approval, site plan review, or a building permit for

3 new or substantially improved single family, multifamily, or commercial structures for the duration set forth in Section 3 hereof, for any property located adjacent to a critical area as defined by SCDHEC OCRM. b) Excepted from the provisions of Section 1 (a) are each of the following: i. Projects for which, no later than May 30 th, 2018, 1. The Developers and the City have entered into a professional service agreement; or 2. Applications for covered activities have been filed with the City of Folly Beach along with payment of associated fees and such applications have been deemed sufficient for approval; 3. Final development approval from the City has been granted; or 4. Construction projects for which a permit has been granted by the City of Folly Beach. ii. Projects for which the proposed construction is located 20 or more from the OCRM Critical Line and meets all other currently applicable zoning and building codes. 2. The Zoning Administrator and the Planning Commission will propose to the City Council on or prior to November 30 th, 2018 the text of ordinances required to implement any and all amendments to the land use regulations resulting from the study of the issues at hand. 3. This ordinance shall take effect immediately upon adoption and shall expire automatically on November 30 th, 2018 unless earlier repealed or extended. ADOPTED this day of 2018, at Folly Beach, South Carolina. Ayes: Nays: Abstains: Signature Attest Tim Goodwin, Mayor

4 Ordinance Moratorium on Development of Properties Adjacent to the State Critical Line (Beach and Marshfront Lots)

5 What is a Moratorium? Moratoriums are a land-use planning tool to allow municipalities to pause development in order to consider new regulations carefully & comprehensively (recently used by Charleston, James Is., Mt. Pleasant) SC Statues and the US Supreme Courts generally support (SC Code ; Tahoe-Sierra). Courts uphold moratoriums where there is a demonstrated need, clearly defined duration, and defined scope Moratoriums must be done by ordinance and require 2 readings at least 7 days apart

6 For Six Months: Who would be affected by this moratorium? New Construction/Vacant Lots: Approximately 35 beachfront parcels and 96 marshfront parcels (including Bowen s Island, Long Island, Little Oak Island, & Folly Island) could not build or subdivide Exception: Any building plan more than 20 ft. from critical line may proceed Substantial Improvement: No permits for construction valued at more than 50% of the value of the current structure or subdivision of any of the ~600 homes that abut the marsh or ocean Note: This does not apply to sufficient permits received before 2 nd reading of the moratorium ordinance. It also does not affect any permits already granted or legal construction in progress.

7 Why a Moratorium? Flooding and storms are an urgent problem for our community. We have had to shut down 17 houses for storm/flood damage since There are 11 King Tides predicted this year. We issued 66 hurricane-related permits after Irma ($1,364,416 in repair costs); 17 after Matthew ($163,812 in repair costs). Ultimately taxpayers bear the burden of most of these costs through federal flood insurance programs. Staff receives frequent inquiries about developing and protecting vacant lots; specifically 3 eroded or super beachfront lots and 1 marsh island in the past two months We have issued 38 permits for new construction on the beach or marsh since 2014 The beach is rapidly eroding. 40 properties that have eroded below 8 since the 2014 nourishment. 22 more have built seawalls since With renourishment upcoming, beachfront development may again appear reasonable in a few months. Moratoriums ensure property owners do not spend money on architects and engineers preparing for a permit application that may violate our zoning rules in 6 months. A moratorium gives owners notice to pause their new projects until the City can consider new regulations. Zoning could always change, but a moratorium ensures owners don t rely on current rules.

8 A few examples

9 NOAA Sea Level Rise Viewer What would 2 of flooding look like for Folly?

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11 What are the beachfront concerns? Development and over-reliance on renourishment and beach management. These three vacant lots paint the picture prior to renourishment

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13 Development of Marsh Islands One exmaple

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15 2015 Beach Management Plan stated goal to discourage development from encroaching on the beach/dune system, restore habitat, and to improve storm protection Where did this come from? 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 [see next slide]

16 2015 Comp Plan Needs & Goals Eliminate existing encroachments on sensitive water fronts, marshes, wetlands, and riparian areas while encouraging environmentally sensitive development to protect the environments that define the beauty of Folly Beach Engage more fully with the river and other sensitive areas to balance access with protection Create buffer zones on top of setbacks to require planting vegetation during development and redevelopment. Protect marsh islands from inappropriately intense development.

17 Setbacks on the beach and marsh What ordinances should be considered during the moratorium? Expanded dune protection on the beach to better protect from erosion and flooding Expanded marsh protection on the River to better protect from storms and flooding: living shoreline, buffer requirements/incentives Lot coverage/decreasing impervious area for stormwater and flooding protection Mirror Charleston County s zoning for marsh islands Strengthening septic drainfield protections

18 Questions? Aaron Pope, Director of Planning and Zoning Spencer Wetmore, City Administrator