111307 AICUZ OverlayAICUZ Overlay
Ordinance Amendments
November 13, 2007
Proposed amendments address
3 areas:
?Interfacility
Traffic Area
(ITA)
?65-70 dB DNL Noise
Zone
?Redevelopment (all 3
Noise Zones)
Interfacility Traffic Area
(ITA)
Development
Regulations
CURRENT ORDINANCE
Maximum residential density is:
>75 dB DNL: 1 d.u. per 15 acres
70-75 dB DNL: 1 d.u. per 5 acres
65-70 dB DNL: not addressed in
AICUZ Overlay Ordinance (Comp
Plan recommends maximum of
1 : 1 )
Proposed Ordinance
Maximum residential density is
1 d.u. per 15 acres everywhere
in the ITA, including the 65-70
dB DNL Noise Zone
The Comprehensive Plan will
be amended to reflect this
change
65-70 dB DNL Noise Zone
Amendments establish 3
"sub-areas" entirely within the
65-70 dB DNL Noise Zone
Apply only to discretionary
development applications and
NOT to by-right development
The following slide shows the
map of the 3 sub-areas. They
are:
Sub-area 1 (Green)
Sub-area 2 (Yellow)
Sub-area 3 (Red)
These areas correspond to the
areas of the City where the Navy
has expressed differing levels of
concern regarding incompatible
development
Sub-Areas Map
Legend
AICUZ NOISE ZONES
65-70dB SUB-AREA 1
65-70dB SUB-AREA 2
_ 65-70dB SUB-AREA 3
ITA
RURAL AREA
RURAL AREA FLOODPLAINS
100-YR. FLOODPLAIN
ABOVE 100-YR. FLOODPLAIN
GREENLlNE
ARP
City of Virginia Beach
Noise Zones 65-70dB DNL
SUB-AREAS
December 2007
Development standards differ in
each sub-area. Green is least
restrictive, red is most
restrictive and yellow is in
between
It is important to keep in mind
that in the 65-70 dB DNL
Noise Zone, the only
significant “Incompatible”
uses are Residential
Residential uses include single-
family, duplex & multiple-family
dwellings, hotels/motels, mobile
homes, dormitories and other group
quarters
The following slides discuss
the standards that apply in
each sub-area and provide
examples of how the new
standards would be applied
SUB-AREA 1
Standards in Sub-Area 1
development
Discretionaryapplications for
residential uses may be granted only if the City
Council finds that the proposed development:
Conforms to the applicable provisions of the City
Zoning Ordinance, including all requirements of
the new zoning district; and
Conforms to the applicable provisions of the
Comprehensive Plan, including the Oceanfront
Resort Area Plan, Laskin Road Gateway Design
Guidelines, Old Beach Design Guidelines or
Oceanfront Resort Area Design Guidelines
Sub-Area 1 Scenario
· Vacant parcel zoned A-24
Apartment
· Size: 1 00,000 SF or 2.3 Acres
· Change of zoning to RT-3
proposed to develop site for
mixed-use project with 40,000
SF of commercial space and
82 condominium units
(1) “. . . conforms to the applicable
provisions of the City Zoning
Ordinance, including all requirements
of the zoning district.”
•RT-3 Allows 36 •Proposed
du/acre for development:
multifamily
dwellings if:
–Will meet the
–Development
provisions of
meets Resort
the R.A.
Area Design
Design
Guidelines,
Guidelines
and
–Parcel is
–Development
100,000
parcel is at
square feet
least 60,000
square feet
(2) ". . . conforms to the applicable provisions of the
Comprehensive Plan, including, without limitation, the
Oceanfront Resort Area Plan, Laskin Road Gateway
Design Guidelines, Old Beach Design Guidelines or
Oceanfront Resort Area Design Guidelines."
· Resort Area Plan
recommends:
· Proposed
development:
- Mixed-use
development with
commercial on
lower floors facing
primary arterial
roadway and
residential
dwellings above;
- Mixed-use within
one building;
- Parking should be
i nteg rated with
project.
- 40,000 square feet
of commercial on
first two floors
facing primary
arterial roadway
and residential
dwellings above;
- Parking is
contained within a
garage located on
the interior of lot
behind buildings.
The proposed development is
consistent with the
requirements of the RT-3
District and Comp Plan and
the rezoning may be approved
by the City Council
SUB-AREA 2
Standards in Sub-Area 2
Discretionary development applications for
residential uses may be granted only if the City
Council finds that the proposed development:
Is at a density similar to or lower than that of
surrounding properties having a similar use and
no greater than recommended by the
Comprehensive Plan; and
Conforms to the applicable provIsions of the
Comprehensive Plan, including the P. A.
Corridor Study, P. A. Commons Design
Guidelines, or Mixed Use Development
Guidelines
Sub-Area 2 Scenario
•Vacant parcel zoned AG-1 &
AG-2
•Size: 30 Acres
•Change of Zoning to R-15
Residential proposed to
develop site for 65 single-
family dwellings
Development Site
(30 Acres)
Existing Zoning: AG..,
Proposed Zoning: R..'
". . .at a density similar to or lower
than that of surrounding properties
having a similar use and no greater
than recommended by the
Comprehensive Plan."
· Surrounding land
use consists of
single-family
dwellings at 3
units/acre and
zoned R-10
· Proposed
development:
· Comprehensive
Plan identifies site
as part of the
Primary Residential
Area
- Is at a density
of 2.17 units
per acre, below
the density
found in the
surrounding
area
· Comp Plan only
says that density
should be similar to
surrounding
property
“. . . conforms to the applicable provisions of the
Comprehensive Plan, including, without
limitation, the Princess Anne Corridor Study,
Princess Anne Commons Design Guidelines, or
Mixed Use Development Guidelines.”
•Comprehensive •Proposed
Plan identifies site development:
as part of the
Primary
Meets the
–
Residential Area
guidance of the
Comprehensive
Plan pertaining
•Plan encourages
to land use and
high-quality
density
design and
building materials
Consists of
–
Colonial-style, 2-
story homes with
brick exteriors,
two-car garages,
and at least 3,000
SF of floor area
Development meets
density restrictions and
quality criteria of
Comprehensive Plan
and therefore may be
approved by the City
Council
SUB-AREA 3
.,,is
SUB.AREA J
Standards in Sub-Area 3
No application for a residential use
shall be approved unless the City
Council finds that no reasonable non-
residential use can be made of the
property, in which event the City
Council may allow the proposed
residential use of such property at the
lowest density that is reasonable
This is the same standard that has
applied in the 70-75 and > 75 dB
DNL Noise Zones since 12/20/2005
Sub-Area 3 Scenario
· Vacant parcel zoned R-7.5
Residential
· Size: 1.8 acres (by-right
development potential 6 single-
family dwellings)
· Change of Zoning to A-12
Apartment proposed to
develop site for 1 0 multiple-
family dwellings
" . . . no application for a residential
use shall be approved unless the
City Council finds that no
reasonable non-residential use can
be made of the property, in which
event the City Council may allow the
proposed residential use of such
property at the lowest density that is
reasonable."
Given the size, shape and location
of the property, there is no
reasonable non-residential use that
can be made of the property
However, ten units is not the
lowest residential density that is
reasonable. Since the by-right
potential is 6 units, that would be
the lowest reasonable density
Redevelopment
The ordinance’s provisions on
redevelopment for residential
purposes apply in ALL 3 Noise
Zones, not just the 65-70 dB DNL
Noise Zone
They essentially follow the
Memorandum of Understanding,
which says that the Navy will not
object to residential development
where density remains the same
or is reduced
Redevelopment Standards
In a discretionary development
proposed
application where the
dwelling unit density is the same as or
actual
lower than the dwelling unit
density existing at the time the
application is submitted, the application
is exempt from the ordinance
This means that a proposed rezoning
or CUP in which the residential
density would be the same or reduced
does not have to meet the standards
applicable in Sub-Areas 1, 2 or 3, as
the case may be
It DOES NOT mean that the
application must be approved by the
City Council. City Council may
deny it just as it may deny any other
application. It only means that the
AICUZ-related standards do not
mmlY
For example:
. Lot is zoned A-12 Apartment and
is within Sub-Area 3 of the 65-70
dB DNL Noise Zone
. Lot is 1 0 acres in size
. There are 1 00 existing
dilapidated apartment units on
the lot
. Application is for a rezoning to
R-10 to build 30 single-family
dwellings units to replace the
existing units
Question: Because the density will be
reduced, is a rezoning needed?
Answer: YES. The proposed ordinance
does not change the need for a
rezoning under any circumstances
However, the applicant does not have to
show that residential is the only
reasonable use of the property, since
under the proposed amendments, a
reduction in density means that the
AICUZ Overlay Ordinance provisions do
not apply
The City Council simply decides the
application on the basis of non-AICUZ
factors
Further Action
11/20/07 - Advertising deadline for
December Planning Commission
11/27/07
Commission
Refer to Planning
Early Dec. - Planning Commission
workshop
12/14/07 - Planning Commission public
hearing & vote
January '08 - Council public hearing &
vote