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HomeMy WebLinkAbout020607 Navy MOUNAS Oceana/City of Virginia NAS Oceana/City of Virginia Beach Beach Memorandum of Understanding Memorandum of Understanding February 6, 2007 February 6, 2007 • • Purpose Purpose • • Principles Principles • • Process Process Purpose Purpose Sets forth the processand principlesby Sets forth the and by which the Commanding Officer of NAS which the Commanding Officer of NAS Oceana and the City evaluate discretionary Oceana and the City evaluate discretionary development applications for land within development applications for land within the AICUZ footprint/AICUZ Overlay the AICUZ footprint/AICUZ Overlay Ordinance Ordinance Continues the dialog between the Navy and the City contemplated by the JLUS and the Statement of Understanding Purpose, cont. Purpose, cont. To ensure that there is a uniform To ensure that there is a uniform process by which the parties can work process by which the parties can work toward a mutual understanding of their toward a mutual understanding of their respective positions on discretionary respective positions on discretionary development applications. development applications. Principles Principles Navy Responsibilities: 1.Consider redevelopmentto the same or lower density or intensity to be a pre-existing, nonconforming use notsubject to Navy AICUZ Guidelines 2.Evaluate applications for property within the Resort Area primarily to determine if they conform to applicable CZO requirements (density, design, etc.) adopted on December 20, 2005 Principles, cont. Principles, cont. 3.Evaluate incompatible development in accordance with the Navy's priorities and concerns set forth in Statement of Understanding 4.Evaluate applications according to applicable land use criteria, the Comprehensive Plan, and City Zoning Ordinance 5.Interpret narrowly, but in accordance with legal principles that are binding upon the City, the “reasonable use”exception in the AICUZ Overlay Ordinance , , Principlescont. Principlescont. . 6Acknowledge that the Navy has neither the authority nor the intent to limit the City Council’s discretion over zoning matters 7.Reserve discretion to comment on applications for property in the 65 –70 dB DNL Noise Zone 8.Oceana C. O. to appear annually before the City Council to brief it on the status of NAS Oceana, AICUZ –related matters and other issues of shared interest Principles, cont. Principles, cont. 9.Within limits of national security, etc. requirements, keep City apprised of changes to the Navy's AICUZ Program, research and studies related to aircraft, modifications to course rules and changes in Oceana's mission requirements. Principles, cont. Principles, cont. CityResponsibilities: 1.Continue to implement and adhere to the JLUS recommendations 2.Apply the AICUZ Overlay Ordinance in a consistent manner & in accordance with its terms 3.In 65-70 dB DNL Noise Zone, encourage compatible development to the greatest extent practicable 4.Direct its communications to the CO at Oceana and, if City wishes to communicate with higher authority, address the matter first to the CO Process Process This portion of the MOU is the most This portion of the MOU is the most important part of it. It establishes a important part of it. It establishes a procedure by which the Navy and City procedure by which the Navy and City jointly review applications for discretionary jointly review applications for discretionary development applications within the AICUZ development applications within the AICUZ footprint in a timely manner footprint in a timely manner Process, cont. Process, cont. Applies to all discretionary development Applies to all discretionary development applications for property in the AICUZ applications for property in the AICUZ footprint (65-70, 70-75 and >75 dB footprint (65-70, 70-75 and >75 dB DNL Noise Zones) in which a use DNL Noise Zones) in which a use deemed “Incompatible”is sought deemed “Incompatible”is sought Process, cont. Process, cont. When an application is received: When an application is received: The City will provide the Navy with all application materials, including a completed “Reasonable Use Exception Application Package.” The Reasonable Use Exception Application Package is a part of the regular zoning application in which the applicant must explain why the property cannot reasonably be developed with a Compatible use. This is required only for property in Noise Zones of 70 dB DNL and higher Process, cont. Process, cont. Navy and City Staff then meet at least 30 days Navy and City Staff then meet at least 30 days before the Planning Commission meeting at which before the Planning Commission meeting at which the item is scheduled. the item is scheduled. Purpose is to determine whether there exists a reasonable use of the property that is deemed Compatible. If the parties agree that there are no such uses, the staffs discuss the proposal in order to determine the lowest reasonable density or intensity at which the Incompatible use should be approved. Process, cont. Process, cont. In determining whether there is an In determining whether there is an alternative use that is reasonable and alternative use that is reasonable and compatible, the following factors will be compatible, the following factors will be considered: considered: Process, cont. Process, cont. Economic viability of alternative uses Economic viability of alternative uses Compatibility of alternative uses with nearby properties Compatibility of alternative uses with nearby properties Treatment of other similarly situated properties Treatment of other similarly situated properties Extent to which alternative uses conform to Comp Plan Extent to which alternative uses conform to Comp Plan Topography and environmental conditions Topography and environmental conditions Size of the property and the extent to which a portion of it Size of the property and the extent to which a portion of it may be developed with an alternative use may be developed with an alternative use On properties within >1 Noise Zone, the extent to which On properties within >1 Noise Zone, the extent to which proposed uses can be shifted to areas where they would be proposed uses can be shifted to areas where they would be deemed compatible deemed compatible Process, cont. Process, cont. The City and Navy may also consider The City and Navy may also consider any other facts or circumstances, any other facts or circumstances, consistent with good zoning practice, consistent with good zoning practice, as may be necessary or advisable to as may be necessary or advisable to fully evaluate the DDA fully evaluate the DDA Process, cont. Process, cont. No staff level meeting is requiredfor an No staff level meeting is for an application within the Resort Tourist District (RT- application within the Resort Tourist District (RT- 1, RT-2, RT-3), Laskin Road Gateway Overlay 1, RT-2, RT-3), Laskin Road Gateway Overlay District or Old Beach Overlay District so long as District or Old Beach Overlay District so long as the proposed use complies with City zoning and the proposed use complies with City zoning and design criteria. However: design criteria. However: Either the Navy or the City may request a Either the Navy or the City may request a meeting concerning any such proposal. meeting concerning any such proposal. Process, cont. Process, cont. If either party feels that further meetings If either party feels that further meetings should be held, the parties’representatives, should be held, the parties’representatives, which may include the City Manager and which may include the City Manager and Commanding Officer, NAS Oceana shall Commanding Officer, NAS Oceana shall meet to address issues critical to either meet to address issues critical to either party and assure open communications. party and assure open communications. Process, cont. Process, cont. Planning Department evaluation must contain Planning Department evaluation must contain the applicable language from the Navy’s OPNAV the applicable language from the Navy’s OPNAV Instruction, the AICUZ Overlay Ordinance and, Instruction, the AICUZ Overlay Ordinance and, if applicable, the JLUS Study if applicable, the JLUS Study Must also set forth any Navy comments or Must also set forth any Navy comments or recommendations with respect to the recommendations with respect to the application, based upon statements or application, based upon statements or communications from or authorized by the communications from or authorized by the Commanding Officer. Commanding Officer. Conclusion Conclusion The MOU represents both a continuation and enhancement of The MOU represents both a continuation and enhancement of the JLUS and March 2005 Statement of Understanding. the JLUS and March 2005 Statement of Understanding. It is not intended to ensure that the Navy and the City agree on It is not intended to ensure that the Navy and the City agree on the proper action in all discretionary development applications in the proper action in all discretionary development applications in areas covered by the AICUZ Program. areas covered by the AICUZ Program. It does, however, ensure that both the Navy and the City will be It does, however, ensure that both the Navy and the City will be guided by the same set of principles to be followed in evaluating guided by the same set of principles to be followed in evaluating such applications and that there will be an orderly, timely such applications and that there will be an orderly, timely process for the parties’joint consideration of all applications in process for the parties’joint consideration of all applications in which the proposed use is deemed Incompatible which the proposed use is deemed Incompatible