“The intent of the Commission is to ensure that the State of Virginia and the municipal governments of Virginia Beach and Chesapeake take immediate and positive steps to halt the encroaching developments that are pending before them now and in the future, and also to roll back the encroachment that has already occurred in the Accident Potential Zones (APZ) around NAS Oceana and NALF Fentress, particularly in the APZ-1 areas.”
- 2005 Defense Base Closure and Realignment (BRAC) Commission Report
City Plan Achieves BRAC Objectives for Oceana
Following thorough consultation with Virginia Beach citizens, the city has carefully balanced their property rights with the legitimate needs of the military and the requirements of the BRAC Commission’s order. The city’s plan was delivered to the inspector general of the U.S. Department of Defense on March 31, 2006 for his consideration.
The three central ideas reflected in the city’s plan are:
One, the Navy’s Master Jet Base should stay at NAS Oceana;
Two, there should be provisions for purchasing and condemning property, but there should be no condemnation of homes or businesses unless it is
requested by property owners, and
Three, encroachment around Oceana must be stopped by controlling development and rolled back through the use of incentives and other means.
In summary, the plan says that Virginia Beach will:
Prohibit future encroachment by incompatible uses in all APZ-1 areas;
Purchase or condemn, but only upon request, undeveloped residential property left without a reasonable use under the APZ-1 Ordinance;
Purchase nonresidential property adversely impacted by the APZ-1 Ordinance;
Purchase some developed residential properties in APZ-1 zoned to permit duplexes;
Acquire property between NAS Oceana and NALF Fentress, and
Implement the recommendations of the Hampton Roads Joint Land Use Study.
Roll back existing incompatible development by replacing nonconforming uses under the Navy’s instructions with conforming uses in the APZ-1 areas through a program of zoning and economic incentives.
Mayor’s State of the City:
We Offer a Better Way to Protect Master Jet Base Mission
Delivering the annual State of the City address to the Virginia Beach Chamber of Commerce March 15, 2006, Mayor Meyera E. Oberndorf outlined important portions of the city’s plan to achieve the BRAC Commission’s objectives on NAS Oceana.
The mayor noted that because city planning and legal experts are much more familiar with local and state laws governing land use and related subjects, the city’s plan achieves the central objective to stop and roll back encroachment around NAS Oceana quicker, more effectively and at lower total cost than a program that involves only condemnation at the rate of $15 million per year |
To Accomplish the BRAC Objectives the City Has:
1. Adopted the provisions of the Joint Land Use Study completed in spring 2005;
2. Enacted provisions to require sound reduction in almost all structures within the air installation compatible use zones sur- rounding Oceana, and enacted provisions requiring notification of potential buyers and renters of properties within these areas that they are within the noise or accident potential zones of Oceana;
3. Enacted an overlay ordinance which prohibits rezonings or approval of conditional use permits for incompatible uses in the 70 decibel level or higher noise zones surrounding Oceana;
4. Amended the Comprehensive Plan and the Zoning Ordinance in the Interfacility Traffic Area between NAS Oceana and NALF Fentress to restrict residential development to 1 unit per 5 acres in the 70-75 decibel area, and 1 unit to 15 acres in the 75 decibel level or higher;
5. In this same Interfacility Traffic Area, we have established a program to purchase on a voluntary basis as much of the property as possible -- and to preserve it free from development;
6. Prohibited all new development in the Accident Potential Zone 1 and Clear Zones which would be deemed incompatible with the Navy’s OPNAV Instruction;
7. In the APZ-1 and Clear Zones, we have instituted a Use and Acquisition Plan to purchase properties which have been left without a reasonable use as a result of the APZ-1 Ordinance, as well as certain duplex lots. Those properties include undeveloped residential and qualified duplex lots as well as some commercial properties where future development plans have been thwarted by the prohibitions;
8. Included a condemnation element where affected land owners and the city cannot reach agreement and the landowner requests the city institute condemnation actions; and
9. Created a rollback program designated as the Oceana Land Use Conformity Program. Our vision for this program is not just to rollback incompatible development in the APZ-1 and Clear Zones, but also to ensure that the rollback, and the resulting redevelopment in these areas, is accomplished using sound planning and land use principles. These will assure a higher quality development of compatible uses, redevelopment that enhances the quality of life in surrounding areas, and actions that will not adversely impact established residential neighborhoods.
The City of Virginia Beach plan achieves the BRAC Commission’s stated objectives to stop and roll back development around NAS Oceana quicker, more effectively and at lower total cost than a condemnation-only approach. The city’s plan not only complies with the letter of the BRAC order, it also more effectively achieves the objectives of the order.
