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03152005 JOINT LAND USE STUDY PRESENTATIONr Joint Land Use Study CITY COUNCIL WORKSHOP City of Virginia Beach March 15, 2005 JLUS Clly C°uncll Wak°hop JLUS WORKSHOP AGENDA ~'~°'"'~'"'°~'' March 15, 2005 I. Introduction and Opening Remarks II. Principles of Virginia Land Use Law III. Updates and Progress to Date regarding: • Proposed 'Statement of Understanding' -City of Virginia Beach 8~ U. S. Navy • Summary of AICUZ Overlay Ordinance Provisions Framework for further discussion • Current Disposition: AICUZ Task Force Recommendations • Summary of Proposed City Actions from Proposed 'Statement of Understanding' • JLUS Timetable -Past and Future IV. Council Discussion and Closing Remarks 2 1 Joint Land Use Study CITY COUNCIL WORKSHOP City of Virginia Beach March 15, 2005 PRINCIPLES OF VIRGINIA LAND USE LAW 3 JLUS Cky Cauncll Workshop PRINCIPLES OF VIRGINIA LAND USE LAW C Msrch~l5, 2005 .~,..~, _~. e _a. -. Land Use Temrino%v Use: What a parcel of land is being used for, e.g., a residence, a retail store, a factory, etc. The City Zoning Ordinance (CZO) specifies which uses are allowed in any given zoning district. If a use is not mentioned, it is not allowed in that zoning district. By -Right Development: Development that the CZO allows without any need for specific approval by the City Council. "By -right" uses are referred to in the CZO as "principal uses." While certain approvals are still needed, they are ministerial in nature. 4 JLL PRINCIPLES OF VIRGINIA LAND USE LAW Land Use Teiminoloov Ministerial: Ministerial (as opposed to discretionary) approval is the type of approval that the City mustgive if certain requirements are met. They generally do not involve the City Council directly. Examples include site plans, subdivisions and building permits. Discretionary: A type of development that requires the approval of the City Council, either by rezoning or conditional use permit. The City Council has a great deal of latitude in approving or denying such matters 5 JLUS Clry Council Workshop PRINCIPLES OF VIRGINIA LAND USE LAW C M.rch~15, 2005 Land Use Teimino%av Zoning District Classification: When people refer to the "zoning" of a piece of property, they mean the zoning district classification. In most cases, it is the single most important factor in how a property may be developed. Examples include AG-1 Agricultural, R-10 Residential, B-2 Community Business, etc. "Runs with the Land:" The zoning of the property stays the same even if the ownership of the property changes. 6 3 JLUS PRINCIPLES OF VIRGINIA LAND USE LAW °' Land Use Tennino/aar Rezoning: A change in the zoning district classification of land, e.g., R-10 Residential to B-2 Community Business. It may on/y be done by the City Council. Conditional Use Permit: A type of discretionary approval of a specific use that, although allowed in the zoning district, requires special approval by the City Council. Examples include auto sales, cell towers and borrow pits. PRINCIPLES OF VIRGINIA LAND USE LAW • Zoning Regulations Must Allow a Reasonable Use of Property. - This means that the zoning district classification (e.g., R-10, AG-1, B-2, etc.) must also be reasonable - There is no requirement that the "highest and best use" of a piece of property be permitted - If more than one use is reasonable, it is entirely up to the governing body to decide which use or uses will be allowed a Pinci, l~~ 1 • Zoning Regulations Must Allow a Reasonable Use of Property. - For example: suppose the zoning on a particular piece of property allows houses on lots of 15,000 square feet (R-15), but does not allow retail stores (B-2), and that both uses are reasonable. If the property owner seeks to have the property rezoned to allow grocery stores and the City Council denies the rezoning, the City Council's action will be upheld by the courts. - Density of Development -The above rules also apply to density, not just to different uses. So, if a property is zoned R-40 (roughly one house per acre), and R-40 zoning is reasonable, the City Council may decline to rezone the property to permit a higher density even if the higher density is more reasonable. 9 JIUS USE LAW °" Pnnctiple A~ 1 Zonin Re ulations Must Allow a Reasonable Use of Pro ert . What does "reasonable" mean? - A City Council action is reasonable if the matter in issue is "fairly debatable." - An issue is fairly debatable if the facts and circumstances are such that objective and reasonable persons would reach different conclusions. 10 5 JLUS Clly Council Wa%atwp PRINCIPLES OF VIRGINIA LAND USE LAW C March'g15, 2005 Pringale ~2 • Similarly Situated Properties Must Be Treated Similarly Unless There is a Rational Basis for Treating Them Differently - This principle derives from the Equal Protection Clause of the Constitution - The "rational basis" standard is a relatively easy one to meet. When courts apply the rational basis standard to a challenged action, the action is usually upheld. - A zoning ordinance does not violate equal protection guarantees if it is reasonable and bears a rational relationship to a permissible governmental objective. 11 PRINCIPLES OF VIRGINIA LAND USE LAW Princip/e,0~2 • Similarly Situated Properties Must Be Treated Similarly Unless There is a Rational Basis for Treating Them Differently - "Precedent" -members of a governing body or planning commission often ask if granting an application will "set a precedent," such that if the application is granted, would similar applications in the future have to be granted. Although EVERY zoning action provides a precedent of some kind, rarely is a governing body /ega//y bound by a prior action. - The keys are whether properties "similarly situated" and, if so, whether there is a rational basis for treating them differently. - Adjacency is always relevant to the question of discriminatory zoning, but adjacent properties may be zoned differently when there is a rational basis for the different classifications. 12 f! JLUS Clly Council Workshop PRINCIPLES OF VIRGINIA LAND USE LAW C Merch~l5, 2005 Pnrtci~le A~3 • Land use decisions of the City Council are presumed valid when challenged in court. - The burden of proof is on the party challenging the City's action to prove that it is clearly unreasonable, arbitrary or capricious, and that it bears no reasonable or substantial relation to the public health, safety, morals, or general welfare. - Courts will not substitute their judgment for that of a legislative body, and if the reasonableness of a zoning ordinance (including a decision on a rezoning or conditional use permit application) is fairly debatable, it must be sustained. - Courts apply the "fairly debatable" test to both rezoning and conditional use permit applications. If a City Council action is fairly debatable, the courts will uphold it. 13 NIA Pnncip/e Ar4 • The Com rehensive Plan confers no ri hts of develo ment. • It is the City Zoning Ordinance, not the Comprehensive Plan, that determines development rights. • The Comprehensive Plan is simply a blueprint that guides, but does not determine, the course of development within a city. • The Comprehensive Plan may be amended by a locality at any time to increase or decrease recommended density or intensity of uses. 14 7 JLUS Clty Council Workshop cirv a wr~w. eeaar Princple A~5 • A "Vested Right" is a Right to Develop Property that is "Immune" from Changes in the Zoning Ordinance • If a person has a vested right to develop property for a certain use, it means that he can develop the property for that use even if the zoning ordinance is changed so that it no longer permits that use. • A vested right to develop property in a certain way does not arise simply because the zoning of the property allows that development. • If the zoning of a certain property allows a particular use on it, the property may be developed for that use. However, if the zoning ordinance changes so that the use is no longer permitted, the property owner must comply with the new ordinance, un/ess he has a vested right to that use. 15 JLUS Cky Council Workshop PRINCIPLES OF VIRGINIA LAND USE LAW ° M~ro'S ~~`'' Principle 4' 5 • A "Vested Right" is a Right to Develop Property that is "Immune" from Changes in the Zoning Ordinance There are two ways in which rights to a certain use of property vest: If the use is already established by the time an ordinance changes, the use is "legally nonconforming" and may be continued (but not necessarily expanded, enlarged, etc.); or • If the City approves a specific project and the property owner incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the approval. • Significant approvals include rezonings, conditional use permits, variances, and site plan and subdivision plat approvals. • Vested rights "run with the land." This means that the apply to the property, not to the owner. 16 Joint Land Use Study CITY COUNCIL WORKSHOP City of Virginia Beach March 15, 2005 PROPOSED STATEMENT OF UNDERSTANDING ... ... F ..._ _ ._ 17 JLUS City Cauncll Wakalap PROPOSED STATEMENT OF UNDERSTANDING ° M~~'S ~ ~' Representatives of the U.S. Navy, Naval Air Station Oceana, and the City of Virginia Beach, together comprising the Joint Land Use Study sub-committee formed on February 10, 2005 have reached an UNDERSTANDING THAT: 18 9 JLUS Clly Council Warkdnp PROPOSED STATEMENT OF UNDERSTANDING ~ M~„;'S ~~'' ,.~ • The meetings and discussions engaged in by the Joint Land Use Study sub-committee represent the most frank and in-depth dialogue concerning encroachment and incompatible development to have ever taken place between the Navy and the City. The Navy and the City will engage in a continuing dialogue with respect to encroachment upon military installations, and with respect to any new or evolving regulations and instructions concerning encroachment. 19 JLUS Clly Council WarkeMp PROPOSED STATEMENT OF UNDERSTANDING ~ M:~;'S ~~' _. ~~ . • As part of the process described below, from this point forward any person, persons or those persons representing any group or organization proposing development that is incompatible with Chief of Naval Operations Instruction 11010.368 of 19 December 2002, Air /nsta//ations Compatib/e Use Zones (A/CUZJ Program, or otherwise encroaches upon NAS Oceana and its environs, will be asked by the City of Virginia Beach to meet with Navy officials so that: - NAS Oceana's mission, and its importance to U.S. Navy mission readiness, national defense and homeland security requirements, can be explained. - A description or demonstration of the sounds created by military operations with respect to the type of structures proposed can be given. - If no other recourse is available, a request can be made for a voluntary reconsideration of the type of development proposed to one that offends the criteria of the AICUZ program to the least possible degree. 20 10 JLUS cny ca,~n wOrwhoa PROPOSED STATEMENT OF UNDERSTANDING C Merchrg15, 2005 h The Navy and the City understand the value of developing a process whereby the Navy will be informed of, and afforded an opportunity to comment upon, a//development that may be incompatible with military operations. 21 JLUS CHy Council Warkahop PROPOSED STATEMENT OF UNDERSTANDING C jlerchrg15, 2005 1. With regard to the responsibilities of, and the actions by, the Navy and the City regarding the effort to restrain encroachment and incompatible deve%pment.• • The Navy and the City both understand that any opinion expressed by the Navy concerning proposed development must be wholly in accordance with Chief of Naval Operations Instruction 11010.368 of 19 December 2002, Air installations Compatible Use Zones (AICUZ) Program. 22 11 JLUS City Couxll Workalwp PROPOSED STATEMENT OF UNDERSTANDING C Merch~l5,zoo~s 1. With regard to the responsibilities of, and the actions by, the Navy and the City regarding the effort to restrain encroachment and incompatible deve/opment.~ The City understands the Navy position is now, and has been, that residential development in areas of 65 d6 DNL and greater is discouraged and that this position is in accord with the AICUZ program. 23 JLUS CIry Council Wotkahop PROPOSED STATEMENT OF UNDERSTANDING ~ M~",;5 ~~'' t . With regard to the responsibilities of, and the actions by, the Navy and the City regarding the effort to restrain encroachment and incompatib/e development. The Navy acknowledges that the responsibility for enacting, amending, repealing and otherwise developing and promulgating zoning ordinances, codes and laws lies solely with the City of Virginia Beach, subject to statutory and constitutional requirements. 24 12 JLUS Clly Council WarksMp PROPOSED STATEMENT OF UNDERSTANDING ~ M~h`°,'S ~~'' :.. 1. With regard to the responsibilities of, and the actions by, the Navy and the City regarding the effort to restrain encroachment and incompatible de velopment.~ The Navy acknowledges that under Virginia law, property owners may not be denied reasonable use of their property and may develop their land without approval by the City Council in accordance with established zoning regulations. 25 JLUS Clly Council Works 'ATEMENT OF UNDERSTANDING ~ M~"h;'S ~~`'' 1. With regard to the responsibilities of, and the actions by, the Navy and the City regarding the effort to restrain encroachment and incompatible development: • The Navy and the City acknowledge that they differ in their application of "residential density" when it is used in the context of encroachment and incompatible development. Specifically: • The Navy uses "residential density" to refer to the number of dwelling units in a defined area actually in existence at the time that area is discussed. • The City uses the term "residential density" to refer to the number of dwelling units in a defined area that would exist if that area were developed to the extent allowed by existing zoning. 26 13 JLUS Cky Council Workshop PROPOSED STATEMENT OF UNDERSTANDING ° M~~°'S ~~,.., ., 1. With regard to the responsibilities of, and the actions by, the Navy and fhe City regarding the effort to restrain encroachment and incompatible development.• • The General Assembly has enacted legislation requiring disclosure in anysale or lease of residential real estate. All disclosures pertaining to Navy aircraft operations contained in any type of real estate or business transaction or agreement must be written in a straightforward, clear and otherwise unambiguous manner. In this regard, the Navy and the City agree to immediately initiate a working group to work in conjunction with the Virginia Real Estate Board to review and, if necessary, re- draft all disclosures currently in use, and to determine whether there exist any instances where disclosures are needed where none now are employed. 27 D 1. With regard to fhe responsibilities of, and fhe actions by, fhe Navy and the City regarding the eKort to restrain encroachment and incompatible development. The City has instituted an effective residential sound attenuation program and legislation allowing it to expand this program to certain non-residential uses has been enacted by the General Assembly. Personnel associated with the program must be fully aware of the varying efficacy of sound attenuation practices, as measured by sound transmission class indicators, when confronted with different sound frequencies generated by Navy aircraft. Greater effort will be made to educate the public, in general, and property owners, in particular, regarding the difference between average noise designations shown on the AICUZ map and event noise experienced in real life. The Navy and the City agree to work collaboratively to assist each other in matters of technical information and instruction in this regard. 2s JLUS Clry Coaxll Workshop PROPOSED STATEMENT OF UNDERSTANDING ~ M~;S 2. With regard to the U. S. Navy and NAS Oceana: NAS Oceana is the most encroached-upon military airfield in the United States. Encroachment has occurred since the installation's inception, and includes the type of high-density, residential and commercial development that now threatens the viability of the station's mission. 29 JLUS CIry Council Wake ED STATEMENT OF UNDERSTANDING ° M~"~'S ~~"' 2. With regard fo the U. S. Navy and NAS Oceana.• NAS Oceana officials have discouraged incompatible development around the station since at least the 1960s. Navy policy, as published in pertinent instructions, has also consistently discouraged incompatible development around air installations since before the Noise Control Act of 1972. 30 IS 2. With regard to the U. S. Navy and NAS Oceana.• . During the late 1970s and early 1980s, the Navy and the federal government undertook a program to buffer the installation from encroachment by purchasing property outright and by purchasing and acquiring easements on surrounding properties in the form of development rights. The Navy acquired these property interests publicly, sometimes in coordination with initiatives of the City of Virginia Beach Development Authority. 31 JLUS Gry Council Workslwp PROPOSED STATEMENT OF UNDERSTANDING C March~l5,zooB s`I' 2. With regard to the U. S. Navy and NAS Oceana: With respect to accommodating the sensibilities of the surrounding communities, NAS Oceana officials have voluntarily modified flight arrival and departure procedures. These modifications have resulted in flight procedures/training that do not replicate actual aircraft carrier operating procedures. 32 1~ JLUS Clly Cauncll Workslap PROPOSED STATEMENT OF UNDERSTANDING C Merch~15I 2005 "xwze:. _ _ ~,,. _ ,~.; ,.. :vim«,. _,rw..d__-. 2. With regard to the U. S. Na vy and NAS Oceana: NAS Oceana is apre-eminent Navy installation. It is also now, however, a vital component in the architecture of the Defense Department's joint service method of operational planning and execution and in the newly-emerging inter-agency approach to meeting homeland defense requirements. ,, ._ _ 33 JLUS Clly Cauncll WorWlgp PROPOSED STATEMENT OF UNDERSTANDING ~ M~~'S'~ r~ . ~~, _, 3. With regard to the City of Virginia Beach and A/CUZ-related initiatives: The City, since adopting its first Comprehensive Plan in 1979, has worked with the Navy to ensure that the initiatives of the AICUZ program have been included in each subsequent plan amendment. 34 II 17 JLUS CMy Council Walnhop 3. With regard to the City of Virginia Beach and A/CUZ-related initiatives: Before the revision of the OPNAV Instruction in December 2002, the City made adjustments to the City Zoning Ordinance to bring land use regulations more in line with the requirements of the AICUZ program. 35 JLUS Clly Council Workshop PROPOSED STATEMENT OF UNDERSTANDING ~ M~;S ~ ~' ._; 3. With regard to the City of Virginia Beach and A/CUZ-related initiatives: The City relocated two schools to conform to the Draft F/A -18 C/D Environmental Impact Statement. 36 18 JLUS CMy Cauncll Wakelgp PROPOSED STATEMENT OF UNDERSTANDING C Merchigl5,~ >, <~... .: 3. With regard to the City of Virginia Beach and AICUZ-related initiatives: The City secured state enabling legislation requiring sound attenuation in residential structures and has implemented an effective residential sound attenuation program. _ 37 JLUS Gly Coun~ 3. With regard to the City of Virginia Beach and AICUZ-related initiatives: In 2005, proposed legislation requiring Noise Zone/APZ disclosures in all residential real estate transactions and requiring sound attenuation in certain non-residential structures was enacted by the General Assembly. 38 19 JLUS CRy Council Workshop fATEMENT OF UNDERSTANDING ° M~"~°,'S 4. With regard to the City of Virginia Beach and the oceanfront area: The establishment of a first class resort at the oceanfront is a strategic priority for the City of Virginia Beach. The principal initiative in this regard has been the investment in the new 19th Street Convention Center. This project is expected to be followed by the adoption of an Old Beach District Plan, as well as a revised the Oceanfront Resort Area Concept Plan, updating that adopted in 1994. 39 JLUS Cky Council WorWMp PROPOSED STATEMENT OF UNDERSTANDING ° M~~'S~B°5" ., 4. With regard to the City of Virginia Beach and the oceanfront area: . Over the past fifteen years, the City of Virginia Beach has invested in other major public projects at the oceanfront resort area including: -upgrades to Atlantic Avenue-area streets, sidewalks, utilities and park blocks; - the widening of more than three miles of boardwalk and the expansion of the beach for hurricane protection; -the expansion of the Virginia Aquarium and Marine Science Center; - Old Beach-area neighborhood improvements including major street and utility upgrades; and -the construction of a new police precinct, fire and rescue station and public library. 40 20 JLUS Clry Cauncll WorkNnp PROPOSED STATEMENT OF UNDERSTANDING ~ M~;S ~~~~. ,. 4. With regard to the City of Virginia Beach and the oceanfront area.' As a result of these initiatives, the City of Virginia Beach is a major competitor in the tourist and convention industry and strives to maintain its standing. While significant advancements have been made, land use planning and economic goals have only been partially realized, however. The overall aspiration is the rejuvenation of the oceanfront into an area containing neighborhoods and businesses more compatible with afirst-class resort and convention destination, consistent with the principles of the Comprehensive Plan. To this end, public and private investment -both in the hundreds of millions of dollars - in the oceanfront area are intended to catalyze further community revitalization and economic growth. 41 JLUS Clly Council WMulap PROPOSED STATEMENT OF UNDERSTANDING ~ M~"n'S ~~``' ,... ,.~ 4. With regard to the City of Virginia Beach and the oceanfront area: The retail presence in the oceanfront area consists of many more seasonal than year-round businesses. The City of Virginia Beach believes that seasonal businesses alone do not support the vision of a first-class resort and convention destination. Accordingly, when the Oceanfront Resort Area Concept Plan is revised, city officials intend to include a reasonable increase in the number of residential units in the oceanfront area, a number sufficient to support quality year-round retail development. This number is anticipated to be less than the aggregate additional number of units allowed by current oceanfront area zoning. 42 21 JLUS CRy Cauncll Workalnp PROPOSED STATEMENT OF UNDERSTANDING ° M~~'S ~~' <<.., _.....,. M 4. With regard to the City of Virginia Beach and the oceanfront area: The current number of units in this area of the City is approximately 7,000. Under current zoning, the maximum number of units allowed is more than double this figure, approximately 16, 000. 43 OF 4. With regard to the City of Virginia Beach and the oceanfront area The City understands that the Navy is deeply concerned about the impact of aircraft operations on the proposed development of the resort area. The City of Virginia Beach will address these concerns to the greatest extent possible by inviting the Navy, as well as other stakeholders, to participate in the process of drafting the Oceanfront Resort Area Concept Plan. The City recognizes that, in order to meet the objectives of both the City and the Navy, the applicable zoning regulations must be totally restructured. Among the City's objectives is an increase in the number of residential units currently existing, but substantially less than currently allowed. 44 22 JLUS Gty Council Work•Igp PROPOSED STATEMENT OF UNDERSTANDING ~ M~;S'~ ~~ ~ _ . ~~ 5. With regard to the City of Virginia Beach and the western portion of the Transition Area, e.g., that portion of the Transition Area west of West Neck Creek, also known as the /nterfacility Traffic Area: Both the Navy and the City understand the importance of this portion of the Transition Area in any discussion of encroachment in two key regards: -this area is largely undeveloped and thus presents the best opportunity to prevent, to the greatest degree possible, further incompatible development; and - this area lies beneath the airspace most commonly used by Navy aircraft not only arriving and departing from NAS Oceana, but also transiting between NAS Oceana and NALF Fentress at lower altitudes. ...: 45 JLUS ~r counrJl works i STATEMENT OF UNDERSTANDING ` MS'S ~~' 5. With regard to the City of Virginia Beach and the western portion of the Transition Area, e.g., that portion of the Transition Area west of West Neck Creek, also known as the lnten`acility Traffic Area.• • With regard to particular means to restrain encroachment and incompatible development inside the Transition Area: The Navy acknowledges that the Virginia Beach Comprehensive Plan now contemplates development with residential density not to exceed one residential dwelling unit per developable acre, but that with few exceptions current zoning does not allow this density. 46 23 JLUS Clly CaunGl Wakelnp PROPOSED STATEMENT OF UNDERSTANDING ~ M~~'S ~~`'' ., 5. With regard to the City of Virginia Beach and the western portion of the Transition Area, e.g., that portion of the Transition Area west of West Neck Creek, a/so known as the /nlerfaci/ify Tiaffc Area: The Navy and the City further acknowledge that, according to AICUZ restrictions, residential development in areas of 65dB DNL and greater is not compatible with airfield operations. The City proposes the following: - For those portions of the Interfacility Traffic Area that lie within the greater than 75 d6 DNL Noise Zone, the City reaffirms existing planning policy that no additional residential units above those allowed by right should be permitted. In Agricultural Zoning Districts, the maximum "by-right" density is one residential lot per 15 acres of land. ~~- 47 JLUS cny can w«kd~oP PROPOSED STATEMENT OF UNDERSTANDING ~ M~n'S ~~`'' 5. With regard to the City of Virginia Beach and the western portion of the Transition Area, e.g., that portion of the Transition Area west of West Neck Creek, also known as the /nten`acility TiaFfic Area: - For those portions of the Interfacility Traffic Area that lie within the 70-75 dB DNL Noise Zone, the City will amend its Comprehensive Plan to reflect the need to retain predominantly agricultural zoning, in which residential density not exceeding one dwelling unit per five acres is allowed by conditional use permit. ._ 48 24 JLUS C )POSED STATEMENT OF UNDERSTANDING °"~ 5. With regard to the City of Virginia Beach and the western portion of the Transition Area, e.g., that portion of the Transition Area west of West Neck Creek, also known as the lnterfaci/ity Traffic Area. - For those portions of the Interfacility Traffic Area that lie within the 65-70 d6 DNL Noise Zone, the Comprehensive Plan will continue to contemplate residential density not exceeding one unit per developable acre. 49 JLUS Cky Council Workshop PROPOSED STATEMENT OF UNDERSTANDING C Me~ch~15, 2005 5. With regard to the City of Virginia Beach and the western portion of the Transition Area, e.g., that portion of the Transition Area west of West Neck Creek, also known as the /nterlaci/ity Tia~c Area: The Navy and the City acknowledge that preserving undeveloped property in the Transition Area is a major priority. Any initiatives of other agencies that advance mutually beneficial outcomes, including environmental protection and wetland mitigation, should be vigorously explored. 50 25 JLUS Clly Council WoAWap PROPOSED STATEMENT OF UNDERSTANDING C Mafch't15,~ 6. With regard to otherAlCUZ-related issues: The Navy and the City recognize that ""by-right"" development, e.g., development allowed without the approval by the City Council, sometimes results in development that is incompatible with military operations. _. ... 51 JLUS CHy Council WoMahop PROPOSED STATEMENT OF UNDERSTANDING C March~l5,zoos ,T... - ate. , 6. With regard to otherA/CUZ-re/ated issues: The Navy acknowledges that the City has certain legal responsibilities regarding ""by-right"" development (i.e., development that is allowed without specific approval of the City Council) and that, in such cases, review and approval is ministerial, not discretionary. In those cases in which development is not ""by- right"," thus requiring approval City Council, the Navy also acknowledges that the City must permit a reasonable use of the property. 52 26 JWS Clly Council Wakelgp PROPOSED STATEMENT OF UNDERSTANDING ~ M~;S 6. With regard to otherAlCUZ-related issues: The Navy and the City recognize that transportation is an issue of significant concern. Future development contemplated in the Comprehensive Plan will require a range of alternative transportation improvements, which are recommended as part of the Master Transportation Plan. The Navy and the City believe that strategic growth management plans should focus on three approaches concerning transportation: 53 JIUS City Council Workshop PROPOSED STATEMENT OF UNDERSTANDING ° M~„;'S ~~'' ~, _ ~.., ,. ~~w,,x ~~.,., 6. With re and to otherAlCUZ-related issues: - Public facility improvements are prioritized and implemented as quickly as possible per available federal, state and local funds so that that adequate public facilities and services are available before, during and immediately after development to accommodate inter-installation movement by large vehicles. - Growth and development are oriented to appropriately designated areas; and -The public and the Navy are effectively involved in any planning process, as described herein. 54 2'7 Joint Land Use Study CITY COUNCIL WORKSHOP City of Virginia Beach March 15, 2005 PROPOSED AICUZ OVERLAY ORDINANCE SUMMARY OF PROVISIONS 55 JLUS City Cauncll Warkalap PROPOSED AICUZ OVERLAY ORDINANCE C March~i5,zoo~s The AICUZ Overlay Ordinance is in the earliest stage of development. Nothing has been decided and nothing will be decided until there has been ample opportunity for public comment and public hearings have been held by both the Planning Commission and City Council. The following presentation is intended only as a framework for further discussion concerning the specific means to: • accomplish the overall objective of protecting the public health, safety and welfare; and prevent encroachment from degrading the operational capability of local military installations in meeting national security needs. 56 28 PR(~P~SED AICUZ OVERLAY ORDINANC The AICUZ Map The current official AICUZ map was published in 1999. It divides the entire City into four noise zones and three Accident Potential Zones: • Noise Zones (lowest to highest): o <65 dB DNL; 0 65-70 d6 DNL; 0 70-75 dB DNL; and o >75 dB DNL • Accident Potential Zones (APZ) (highest potential to lowest): o Clear Zone o APZ 1; and o APZ 2 57 Y The AICUZ Program For purposes of the AICUZ Overlay Ordinance, the important parts of the Navy's AICUZ Program are contained in two Tables, which are set forth in OPNAV Instruction 11010.366, and their respective notes: Table 2 (Suggested Land Use Compatibility in Noise Zones); and Table 3 (Suggested Land Use Compatibility in Accident Potential Zones) 58 29 JLUS The AICUZ Program Each Table lists various land uses and, with respect to each Noise Zone or APZ, designates each use as either: • Y (compatible w/o restrictions); • N (not compatible); • Y* (compatible, with restrictions) N* (not compatible, with exceptions) NOTE: Tables are not binding, but are simply recommendations 59 JLUS City Ctwncll Workshop PROPOSED AICUZ OVERLAY ORDINANCE C Marchigl5,zoos TABLE 2 -AIR INSTALLATIONS COMPATIBLE USE ZONES SUGGESTED LAND USE COMPATIBILITY IN NOISE ZONES Land Use Suggested Land Use Compa4hifry orse one or arse mte DIIL or q~ffL mss one OVA_ or SLUC M NO LANU USE NAME < 55 55.64 65 - 69 TU -74 75- 79 8U 84 85• Rest ntaa! .Han geun ts: me mg a ands: semideeched g ands: ana row aum •st e- y wo amts: one Due the other p up padment: a or roup quarters me par er Duds c ransrent o gmgs t r res enoa urag praducls~ marw(acktring exe m pm marmfaduring wn n woo produce (exmpt fuminsel; manutacturin 60 30 JLUS Clly Council Works pRnpn~Fn Aicuz CwERLAY ORDINANCE ° M~~'S The AICUZ Overlay Ordinance General Considerations: An "AICUZ Overlay District" is to be established. The District would include all areas within the City that are in Noise Zones: • 65-70 db DNL; • 70-75 d6 DNL; and • >75 dB DNL - Since all three APZs are within one of these three Noise Zones, the Overlay District would also include all three APZs. - The reason that the Overlay District would not include the <65 dB DNL Noise Zone is that development in that Noise Zone has proven much less problematic than it has elsewhere. 61 JLUS The AICUZ Overlay Ordinance The AICUZ Overlay District regulations will supplement, not replace, the regulations of the underlying zoning district. • The concept is similar to the City's other Overlay Districts (e.g.,Shore Drive Corridor, Laskin Road Gateway). Property within an Overlay District is subject to both the regulations of the underlying zoning district (e.g., B-2) AND those of the Overlay District. Where the Overlay District regulations conflict with the regulations of the underlying zoning district, the Overlay District regulations would control. 62 31 UZ The AICUZ Overlay Ordinance Summary of Ordinance • In general, the regulations of the Overlay District would be the least restrictive in the lowest Noise Zones and graduate to more restrictive levels in high noise zones, with greatest restrictions being in the Accident Potential Zones and Clear Zones. Sound attenuation would be required everywhere in the AICUZ Overlay District for ALL residential development and for uses within the following "use groups" (per the International Building Code): • Assembly (churches, movie theaters, bars restaurants, bowling alleys, etc.); • Business (banks, barber shops, car showrooms, professional offices, etc.); • Educational (schools through 12th grade); • Institutional (hospitals, day care, nursing homes, etc.); and • Mercantile (department stores, drug stores, grocery stores, etc.). 63 JLUS CLLf~ Courcll WaM P The AICUZ Overlay Ordinance • With certain exceptions, the restrictions would generally correspond with the recommendations set forth in Table 2 and Table 3. These exceptions include: • By -right development; and • Development in 65-70 d6 DNL Noise Zone. • In each of the above situations, development would be subject to sound attenuation requirements, but there would be no additional restrictions on the uses allowed. 64 32 JLUS Cky Council Workslnp PROPOSED AICUZ OVERLAY ORDINANCE ~".,,,: h~15I~ The AICUZ Overlay Ordinance 70-75 and >75 dB DNL Noise Zones Discretionary development (i.e., needing a rezoning or conditional use permit) would be allowed only if: • it is compatible or conditionally compatible with the AICUZ recommendations in Table 2 and/or Table 3; or • if not compatible or conditionally compatible, such development would be allowed only if the City Council makes a finding that no other reasonable development options that are compatible with the AICUZ recommendations in Table 2 and/or Table 3 exist. • In such cases, development must be at the lowest density or intensity that is reasonable, as determined by the City Council ~~~ _ 65 JLUS City Council Workshop PROPOSED AICUZ OVERLAY ORDINANCE ~ M~~'S ~~`'' Special Areas • Western Portion of Transition Area (Interfacility Traffic Area) • 65-70 d8 DNL Noise Zone: Current zoning and Compre#~ensive Plan provisions retained; • 70-75 d6 DNL Noise Zone: Residential development requiring City Council approval, i.e., rezoning or by CUP) allowed at a density no greater than one (1) dwelling unit per five (5) acres of developable land. • >75 dB DNL Noise Zone: Residential development limited to one (1) dwelling unit per fifteen (15) acres of developable land unless the City Council determines that such density is unreasonable and that no other use (non-residential) is reasonable. In such a case, allowed density would be the minimum reasonable density. • Where the subject property lies within more than one Noise Zone, dwellin units must be located in lower Noise Zones if racticable. 66 33 JLUS Clly Courcll Workshop PROPOSED AICUZ OVERLAY ORDINANCE ~ M~","'S Special Areas • Resort Area: • The total number of residential units will not exceed the aggregate number of units allowed under current zoning. The City will endeavor to work with all stakeholders to reduce the number of residential units significantly below that number through zoning ordinance amendments. • The Navy shall be among the stakeholders involved in the revision of the Oceanfront Resort Area Concept Plan dated June 28, 1994. JLUS City Council Warkslap PROPOSED AICUZ OVERLAY ORDINANCE ~ M~n'S ~~'' ~.~ ;~.n., .. n,., ..... Conclusion • The AICUZ Overlay Ordinance would represent a significant increase in the extent to which AICUZ -related considerations govern land use decisions in Virginia Beach. • It would also ensure that, in cases in which development not recommended by the AICUZ guidelines is approved by the City Council, it will be at the lowest reasonable density or intensity; and The overall effect of the application of the AICUZ Overlay Ordinance would be to significantly increase the extent to which the City's development policies conform to the recommendations of the AICUZ program. 68 34 Joint Land Use Study CITY COUNCIL WORKSHOP City of Virginia Beach Maroh 15, 2005 SUMMARY OF PROPOSED CITY ACTIONS From the Statement of Understanding between The City of Virginia Beach 8~ the U.S. Navy 69 AEI Z R~v:w ,P~~~~s~,..,,~.. The city would create a new process for Navy officials to review and comment earlier in the process on all proposed development that might encroach on NAS Oceana. The city would ask any person or organization proposing development that might be incompatible with the Navy's Air Installations Compatible Use Zones (AICUZ) to meet with Navy officials to discuss alternatives. ~o 3S Zoning Ordinance Changes The city would consider fundamental changes in the zoning ordinance to substantially reduce the number of residential units allowed by current zoning in the resort area. The city would adopt a Zoning Overlay District in all noise zones greater than 65 dB DNL to help prevent encroachment at NAS Oceana. • The city would recognize the importance of NAS Oceana's Interfacility Traffic Area in the city's Transition Area by: • Retaining agricultural zoning of one residential lot per 15 acres in the highest noise zone, 75 dB DNL and above. • Amend the Comp Plan to retain residential density not to exceed one dwelling per five acres in the 70-75 d6 DNL noise zone, as allowed by a conditional use permit. • Limit density to one dwelling per acre in the 65-70 d6 DNL noise zone 71 Sound Attenuation & Disclosures • Based on legislation passed by the General Assembly at the request of the city, sound attenuation laws would be expanded to certain non- residential uses and disclosures of noise and/or accident potential zones would be improved for the sale or lease of residential units. • The city would initiate a working group with NAS Oceana to work with the Virginia Real Estate Board to review, and possibly revise, all disclosures currently in use for noise and/or accident potential zones and determine where disclosures might be needed where none are used now. 72 36 Strengthened Working Relationship The city would recognize the Navy's significant concern about the impact of future development on transportation needs by agreeing to keep the Navy effectively involved in such planning processes. The city would continue to include the Navy as a vital stakeholder in revising the Oceanfront Resort Area Concept Plan. The city would strengthen its working relationship with the Navy and create an ongoing, open dialogue to address the Navy's concerns about potential encroachment at NAS Oceana. 73 37 TIMETABLE -PAST & FUTURE Past Sessions: 08/23/94....City amends Zoning Ordinance to include AICUZ provisions 12/19/02....Operational Navigation Instructions (OPNAV) released by the Department of Defense 02/25/03....City Council adopts TATAC Recommendations 04/ 2003....OPNAV Instructions Briefing to City Council 12/02/03....Virginia Beach Comprehensive Plan adopted 12/09/03.....City Council establishes AICUZ Task Force 01/06/04.....City commits to participate in the Joint Land Use Study 06 / 2004 throw h 12 / 2~04.....JLUS Meetings, Workshops, and Open Houses are held 01/03/05....AICUZ Task Force Public Meeting (24 points presented and recommended to Council) 75 JLUS Ctly Council Wdkshop TIMETABLE -PAST & FUTURE ~ M~~'S'~ v ;k" ... Past Sessions: 01/04/05....City Council receives briefing-recommendations from AICUZ Task Force 01/18/05....City Council Public Hearing on JLUS 01/25/05....Eminent Domain in Accident Potential Zones (APZ) removed from the JLUS recommendations 01/31/05....Public Town Hall Meeting (Advanced Technology Center) 02/02/05....Public Town Hall Meetings (VB Fire Training Academy) 02/08/05....Voluntary Purchase of properties in APZs removed from JLUS recommendations 02/10/05....JLUS Regional Policy Committee Meeting creates the Virgirna Beach & U.S. Navy Subcommittee 03/10/05.... Regional JLUS Policy Committee Meeting agreement on revised timeline through April 7 Current Session: 03/15/05....City Council -JLUS Workshop Briefing - <~_ _ . __ _ ~_ 76 e~ _ _ 38 JLU3 CMy Council Workshop TIMETABLE -PAST & FUTURE ` M~~°'S ~~'' Future Sessions: 03/17/05....Public Information Forum - 6:30 p.m. at Advanced Technology Center 03/22/05....City Council Public Hearing on JLUS 04/05/05....Council provides direction to the JLUS Policy Committee liaisons 04/07/05....Regional JLUS Policy Committee meeting Provide direction to EDAW to prepare final draft JLUS 04/18/05....Receive final draft JLUS from EDAW 04/21/05....Reggional JLUS Policy Committee meeting Vofe on JLUS 04/26/05....City Council briefing on JLUS 05/03/05....City Council Public Hearing on JLUS 05/10/05 or 05/24/05....City Council vote on JLUS 06/05/05....Begin city process on affecting Comp Plan & AICUZ overlay ordinance