Loading...
HomeMy WebLinkAbout031406 APZ-1 Initiatives Oceana Land Use Conformity Program March 14, 2006 Background On 12/20/05, City Council adopted: • AICUZ Overlay Ordinance; • APZ-1 Ordinance; and • APZ-1 Use & Acquisition Plan • The Council directed the City Manager to bring forward additional innovative means of rolling back incompatible development by replacing nonconforming uses with conforming uses in APZ-1 Oceana Land Use Conformity Program The Program is designed to accomplish, by • means: voluntary Conversion of nonconforming uses to conforming – uses in APZ-1; Relocation of nonconforming uses out of APZ-1; – and Protection of established residential – neighborhoods in APZ-1 Examples of conforming uses: • Manufacturing (a few types, including – miscellaneous); Communications facilities; – Utility facilities; – Transportation facilities; – Wholesale trade; – Retail sales (automotive, marine, aircraft and – accessories); Cemeteries; – Warehousing and storage services; – Repair services; – Indoor recreational facilities – Examples of nonconforming uses (not permitted if new but allowed to stay if there already): Residential (all); – Restaurants/bars/nightclubs; – Manufacturing (most types); – Retail (most types) – Personal services; – Professional services – The Program consists of: – Four ordinances that offer incentives (zoning, tax, – financial) for conforming uses to locate in APZ-1 and for nonconforming uses to relocate out of APZ-1; Comprehensive Plan amendments; and – A committee to coordinate the various aspects of – the Program and to make recommendations to the City Council, Development Authority and Planning Commission on matters relating to the Program 1.The APZ-1 Incentives Ordinance Allows conforming uses in APZ-1 that – normally require conditional use permits to be developed without the need for a CUP if certain criteria are met: : Example – In B-2 District, mini-warehouses are conditional uses. Since – they are conforming uses in APZ-1, they would be allowed in B-2 Districts within the APZ-1 without the need for a CUP if they . meet certain criteria that ensure a high quality of development Criteria: • The use meets all requirements that would apply if it were pursuant to a CUP; • Enhanced site and parking lot landscaping is provided; • Exterior lighting is of low intensity and residential in character and shielded in • such manner as to direct light and glare away from residential areas; Hours of operation are limited; • Signage is either nonilluminated or externally illuminated from ground level, no • neon lighting visible from any adjoining property is used, and freestanding signs are located as far from residential or apartment districtsas is practicable; Storage of materials, waste containers, or merchandise, except for sales items • that cannot be displayed inside (e.g., boats, motor homes, etc.)is inside the building or is screened so as to not be visible from streets or adjoining properties; Where adjacent to residential or apartment districts, enhanced landscape • buffering is provided; and Building design and exterior building materials substantially conform as • appropriate to applicable Comprehensive Plan Design Guidelines. Procedure: • Upon receipt of application, Planning Director notifies – adjacent property owners and persons across the street and invites their comments No decision may be made for 15 days from mailing of – notices, during which time comments may be submitted. P.D. must carefully consider all comments Planning Director makes decision 15-30 days after – mailing notices on the basis of the comments and the criteria in the ordinance The proposed development may be approved only ifPlanning Director finds that the features are clearly sufficient to prevent any adverse impacts to residential or apartment uses or other property within APZ-1 If Planning Director denies approval, the applicant would still be entitled to apply for a conditional use permit. Eligible uses: • O-2: Off-street parking for adjacent uses in Business District B-2: Auto service, auto repair, auto sales on lots >20,000 square feet, boat sales, indoor recreation facilities, fiber-optics transmission facilities, mini-warehouses, mobile home sales, public utility storage/maintenance, commercial parking garages I-1: Auto service, auto repair, fiber-optics transmission, firewood preparation, mobile home sales 1.APZ-1Technology Business Opportunity Zone Ordinance Establishes APZ-1 as a Technology Business Opportunity Zone Qualifying businesses: • Any conforming business that either: – locates or relocates in APZ-1 and meets the • development criteria in the APZ-1 Incentives Ordinance (Planning Director must certify); OR • Is already in APZ-1 and meets those criteria • Benefits: • Rebate of ninety percent (90%) of business, – professional and occupational license (BPOL) taxes for so long as the use meets the development criteria in the APZ-1 Incentives Ordinance up to a maximum of 15 years; and Reimbursements of building code, zoning – ordinance, subdivision, site plan, water and sewer connection fees 3. APZ-1 Property Tax Exemption District Ordinance Establishes APZ-1 as a Property Tax Exemption District • Qualifying Criteria: – Nonconforming use is rehabilitated, renovated or • replaced, resulting in the conversion to a conforming use; Assessed value afterwards must be greater than the • original assessed value by at least 20%; Must be for commercial or industrial use; • Must be consistent with the City’s comprehensive plan • and zoning ordinances; Exemption is for the amount equal to • the increase in assessed value resulting from rehabilitation, relocation, etc. of structure for a period of 15 years 4. Economic Development Incentive Program (EDIP) Revisions Amends definition of “Economic • Redevelopment Areas”to include properties located in the APZ-1 and Clear Zones Criteria: • Oceana Land Use Conformity Committee must determine that the development or redevelopment will further the goals of the Oceana Land Use Conformity Program, including: Bringing new conforming uses into APZ-1; • Converting nonconforming uses to conforming • uses; Retaining conforming uses in APZ-1; and • Relocating nonconforming uses in APZ-1 and • Clear Zones to other areas of the City. 5. Comprehensive Plan Amendments Three basic principles: • City’s involvement will be only with willing property – owners. The City will encourage and facilitate, not force solutions on unwilling participants; Unsuitable uses will not be allowed to infringe upon – established neighborhoods and commercial areas. Integrity of existing land use is a first priority; and The second priority, where it can be achieved compatibly – with existing neighborhoods and businesses, is to replace nonconforming uses with those that are conforming. 6. Oceana Land Use Conformity Committee Created for the purpose of making to the City Council recommendations and Development Authority re implementation of necessary or appropriate actions to achieve Program goals Recommendations to be consistent with: • City Zoning Ordinance; • APZ-1/Clear Zone Use & Acquisition Plan; • Comprehensive Plan; • Final HRJLUS; and • Zoning/land use practices that promote the • continued viability of established residential neighborhoods Membership appointed by City Council: • 2 Councilmembers; – 2 VBDA members; – City Manager; – City Attorney; – Chief Development Officer – 1 APZ-1 residential property owner; and – 1 APZ-1 commercial property owner. – Also includes one non-voting member designated by Navy Duties • Make recommendations to the City Council, Planning Commission • and Development Authority concerning: Prospective land transactions, including: – land use, financial and tax incentives; - -voluntary land sales, purchases, assemblages, etc.; -financings, acquisitions and grants The use of zoning and other land use tools to accomplish – rollback of nonconforming uses; Applications for rezonings and conditional use permits; and – The use of ordinances imposing fees or taxes – Powers • On behalf of the City Council or the Development • Authority, to apply for, receive and accept grants, gifts, etc. from federal, state or local agencies; Request the Development Authority to employ • consulting engineers, attorneys, accountants, etc.; Encourage private parties to facilitate the conversion of • nonconforming uses into conforming uses; Encourage the public sector (incl. federal, state, regional • and local authorities) to locate compatible uses within APZ-1; Act as an intermediary between the Development • Authority and public or private entities in identifying compatible uses that may be encouraged through the granting of incentives; Funding sources include: • Proceeds from the sale of real estate resulting • from the activities of the Committee; Funds appropriated by the City Council for • areas within APZ-1, as set forth in the CIP Grant monies that may be received by the City • EDIP funds; • other funding sources as the City Council may • designate or that may become available Guiding Principles • Rollback program is to be accomplished – utilizing sound planning and land use principles that will promote the orderliness and compatibility of existing and future land uses; Owners and occupants of nonconforming – residential and commercial uses deserve a quality setting in which to live and work; and Program actions will not encourage – development that adversely impacts the quality of life in residential neighborhoods. Committee to report at least yearly on • properties acquired & disposed of; • description of the incentives employed in each • transaction and the dollar value thereof; and progress in accomplishing the rollback of • nonconforming uses to conforming uses. SUMMARY The City of Virginia Beach is committed to • rolling back nonconforming uses in APZ-1 while fully protecting established residential neighborhoods. The use of land use, tax and other financial • incentives, in conjunction with the City Council’s actions of December 20, 2005, will accomplish this rollback in a manner that is more effective and fairer than by a strictly “purchase and condemn”approach.