NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
JULY 19, 2005 2:30 P.M.
Prayer
offered by Councilman Paul R. Riddick, followed by the Pledge of Allegiance.
President Fraim
moved to dispense with the reading of the minutes of the previous meeting.
Motion adopted.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
A Resolution entitled, "A Resolution certifying a closed meeting of the Council of the City of Norfolk in accordance with the provisions of the Virginia Freedom of Information Act," was introduced in writing and read by its title.
ACTION: The Resolution
as introduced was adopted, effective July 19, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
PUBLIC
HEARINGS
PH-1 JOINT PUBLIC
HEARINGS with the City Planning Commission, scheduled this day under the
State law, public notice having been inserted in the local press by the City
Clerk on the application of NORFOLK REDEVELOPMENT AND HOUSING AUTHORITY,
for the closing, vacating and discontinuing of a portion of 4th Bay
Street, from the southern line of East Ocean View Avenue, extending southwardly
860 feet, more or less, to the northern line of Pretty Lake Avenue.
Thereupon, an Ordinance entitled, An Ordinance to
close, vacate and discontinue a portion of 4th Bay Street in the
City of Norfolk, was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-1A JOINT PUBLIC
HEARINGS with the City Planning Commission, scheduled this day under the
State law, public notice having been inserted in the local press by the City
Clerk on the application of NORFOLK REDEVELOPMENT AND HOUSING AUTHORITY,
to create the 3rd to 7th Bay Street Residential Planning
Development District (PDR-3rd to 7th Bay Street) and to
submit for approval a plan of development.
Thereupon,
an Ordinance entitled, An Ordinance to amend Chapter 27 of the Zoning
Ordinance of the City of Norfolk, 1992, SO
AS TO create the 3rd to 7th Bay Street Planned, was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-1AA Thereupon,
an
Ordinance entitled, An Ordinance to define standards of construction,
establishment, and authorization of public areas and facilities in the 3rd
to 7th Bay Street Planned Development District (PD-R-3rd
to 7th Bay Street), was introduced in writing and read by its title..
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-1B JOINT PUBLIC
HEARINGS with the City Planning Commission, scheduled this day under the
State law, public notice having been inserted in the local press by the City
Clerk on the application of NORFOLK REDEVELOPMENT AND HOUSING AUTHORITY
AND THE CITY OF NORFOLK, to submit for approval a plan of development and
to change the zoning on all properties zoned R-12 (Medium Density
Multiple-Family) and IN-1 (Institutional) District to PDR 3rd to 7th
Bay street (3rd to 7th Bay Street Residential Planned
Development District) on properties bounded on the north by E. Ocean View
Avenue, on the east by 7th Bay Street, on the south by Pleasant
Avenue between 5th and 7th Bay Streets, and on the south
by Pretty Lake Avenue between 3rd to 5th Bay Streets and
on the west by 3rd Bay Street and the southeast corner of Pleasant
Avenue and 5th Bay Street.
Thereupon, an Ordinance entitled, An Ordinance
to rezone property from R-12 (Medium Density Multiple-Family Residential) and
IN-1 (Institutional) to 3rd to 7th Bay Street Planned
Development (PD-R-3rd to 7th Bay Street), was introduced
in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-1C JOINT
PUBLIC HEARINGS with the City Planning Commission scheduled this day,
public notice having been inserted in the local press by the City Clerk on the
petition to the Norfolk City Council to amend The General Plan of Norfolk,
1992, by changing the land use designation for property located in East
Ocean View between 3rd Bay on the west, 5th Bay on the
east, Ocean View Avenue on the north, and Pretty Lake Avenue on the south, from
Low Density Residential and Open Space to Open Space Preservation.
The following
proponents spoke: Jim Janata, 3124 E. Ocean View Avenue; Glenn Bonney, 6826 Gardner Drive; Aaron Marshall, 3132 E. Ocean
View Avenue; Bob Rawls, 701 Briarhill Road; Eloise LaBeau, 3501 Orange Street; Paul Balance, 2325 Wharton
Avenue; Chuck Barackman, 870 W. Ocean View Avenue;
George Pintoff, 3014 Pretty Lake Avenue; Clifton
Hicks, 8040 Jerrylee Drive;
The following
opponents spoke: Bill and Jean Kerry,
2330 Bay Oaks Place; Steven Giffin, 2318 Bay Oaks
Place; Kathleen Runalt, 5037 Pleasant Avenue; Ellis
James, 2021 Kenlake Place; Anne Fitzgibbon, 5009 Gosnold Avenue; Raymond Cooley, 9720 5th Bay
Street; Louise Rosmer, 2313 Bay Oaks Place; Daniel
Montague, 4605 Krick Street; Meredith Sabol, 1405 Claremont Avenue; Andrew Wallach,
545 Mayflower Road; Vic Yurkovic, 1816 E. Ocean View
Avenue; Paige Caporicci, 2319 Bay Oaks Place; Jeannie
Blassingham, 1308 Manteo Street; Susan Tolbert, 911
Westover Avenue; Kathy Stark, 5241 Pennsylvania Avenue; Michael Burnett, 715
Mayflower Road; Mark and Karen Perreault, 950 Hanover
Avenue; Marcella Powell, 9621 3rd Bay Street; Claude M. Scialdone, 1238 E. Ocean View Avenue; Joseph Schein, 2735 E. Little Creek Road; Betsy Powell; 100 Ghent
Commons Court; Steve Earnhart, 628 Pennsylvania
Avenue; Virginia W. Alberts, 2301 Pretty Lake Avenue;
James Jenkins, 9537 18th Bay Street; Peggy Hagel,
2413 Heutte Drive.
Susanne
Williams, 911 Colonial Avenue, was present in opposition but did not speak.
Shurl
Montgomery, Executive Director of Norfolk Redevelopment and Housing Authority;
Ray Gindroz of UDA Consultants; and Lenny Newcomb of
the Department of Planning and Community Development discussed various aspects
of the proposal.
PH-2 PUBLIC
HEARING scheduled this day pursuant to action of the Council on June 28,
2005 under the State law, public notice having been inserted in the local press
by the City Clerk on the application of Spectrum at Willoughby Point to create and implement the Spectrum
at Willoughby Point Mixed-Use Planned Development (PD-MU Spectrum at Willoughby
Point.
Howard Gordon, 1700 Dominion
Tower, introduced the proposal.
Sara Greer, 7335 Barberry
Lane, expressed concern about the height of the project.
Daniel Montague, 4605 Krick Street, commented about the need for beach access and
parking for the public.
Robert Hazelette,
9631 12th View Street, spoke in support of this matter.
Thereupon,
an Ordinance entitled, An Ordinance to amend the General Plan of Norfolk, 1992, SO AS TO change the land use designation for property located at 1571
to 1651 Bayville Street from commercial/office to mixed use, was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-2A Thereupon, an
Ordinance entitled, An Ordinance to amend Chapter 27 of the Zoning Ordinance
of the City of Norfolk, 1992, SO AS TO
create the Spectrum at Willoughby Mixed Use Planned Development District (PD-MU
Spectrum at Willoughby), was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-2B Thereupon, an
Ordinance entitled, An Ordinance to rezone property located at 1571 to 1651
Bayville Street from I-4 (Waterfront Industrial) and C-2 (Corridor Commercial)
to Spectrum at Willoughby Mixed Use Planned Development (PD-MU Spectrum at
Willoughby), was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-3 PUBLIC HEARING scheduled this day
pursuant to action of the Council on June 28, 2005 under the State law, public
notice having been inserted in the local press by the City Clerk on the
application of Riverpoint Court Condominiums to amend The
General Plan of Norfolk, 1992, to change the land use designation for
property located at 6111 Granby Street from
Institutional to Medium Density Residential and to change the zoning from IN-2
(Institutional Campus District) to conditional R-12 (Medium Density
Multiple-Family) and for a Special Exception to permit more than seven units in
a multiple-family development on property located at 6111 Granby Street.
Brian Camden,
6111 Granby Street, was present to answer questions.
Thereupon,
an Ordinance entitled, An Ordinance to amend the General Plan of Norfolk, 1992,
SO AS TO change the land use
designation
for property located at 6111 Granby Street from Institutional to Medium
Density Residential, was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective
July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-3A Thereupon,
an Ordinance entitled, An Ordinance to rezone property located at 6111 Granby
Street from IN-2 (Institutional Campus) to R-12 (Medium Density Multiple-Family
Residential), was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-3B Thereupon,
an Ordinance entitled, An Ordinance granting a special exception to permit the
construction of a multiple-family dwelling having seven or more units on
property located at 6111 Granby Street, was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-4 PUBLIC
HEARING scheduled this day pursuant to action of the Council on June 28,
2005 under the State law, public notice having been inserted in the local press
by the City Clerk on the application of Robert Boyd to change the zoning from conditional C-2 (Corridor
Commercial) District to R-8 (One-Family) District on property located at 3606 and 3610 East Princess Anne Road.
Robert Boyd,
4825 Bay Bridge Lane, Virginia Beach, was present to answer questions.
Thereupon,
an Ordinance entitled, An Ordinance to rezone property located at 3606 and 3610
East Princess Anne Road from conditional
C-1 (Limited Commercial) to
R-8 (One-Family Residential), was introduced in writing and read
by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-5 PUBLIC
HEARING scheduled this day pursuant to action of the Council on June 28,
2005 under the State law, public notice having been inserted in the local press
by the City Clerk on the application of Lexco Properties, LLC, to change the zoning from PD-Watermark (Planned
Development Watermark) to C-2 (Corridor Commercial) District on property
located at 8111 Shore Drive.
No
one was present to speak concerning this matter.
Thereupon,
an Ordinance entitled, An Ordinance to rezone property located at 8111 Shore
Drive from PD-Watermark (Planned Development Watermark) to C-2 (Corridor
Commercial), was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-6 PUBLIC
HEARING scheduled this day pursuant to action of the Council on June 28,
2005 under the State law, public notice having been inserted in the local press
by the City Clerk on the applications of Calvary Revival Church to change the zoning from C-2 (Corridor
Commercial) to Conditional IN-1 (Institutional) and to rezone property in order
to change conditions on property zoned Conditional IN-1 (Institutional) on
property located at 5833 Poplar Hall
Drive and for a Special Exception to operate off-lot parking at Military
Circle Mall.
No one was
present to speak concerning this matter.
Thereupon,
an Ordinance entitled, An Ordinance to
rezone property located at 5833 Poplar Hall Drive from C-2 (Corridor
Commercial) to conditional IN-1 (Institutional) and to rezone property in order
to change conditions on property zoned conditional IN-1 (Institutional),
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-6A Thereupon,
an Ordinance entitled, An Ordinance
granting a special exception to permit off-lot parking on property located at
880 North Military Highway, was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
CONSENT AGENDA
C-1 Letter from the City Manager advising, in
accordance with Chapter 33.1-40 of the Norfolk City Code, of sole source
procurements during the month of June 2005 for the departments of Civic
Facilities, Facility & Enterprise Management, Police, and Information Technology.
ACTION: Received
and filed.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
C-2 Letter from the City Manager recommending a
public hearing be held to hear comments on a lease
agreement with ACCESS College at the Norfolk Fitness and Wellness Center.
ACTION: City Clerk authorized to
advertise for a public hearing on August 16, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
C-3 Letter
from the City Manager recommending a public hearing be
scheduled on the application of the City Planning Commission to amend the
Zoning Ordinance of the City of Norfolk, 1992, to add Section 25-10.9 to
require a special exception for Single Family homes constructed on non-standard
lots.
ACTION: City Clerk authorized to
advertise for a public hearing on August 16, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
REGULAR AGENDA
R-1 Letter
from the City Manager and the following two Ordinances:
An
Ordinance entitled, An Ordinance granting a Special Exception to operate a
commercial drive-through facility on property located at 1901 East Ocean View Avenue, was introduced in writing and read by
its title.
Don
Price, 147 E. Evans Street, was present to answer questions.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-1A An
Ordinance entitled, An Ordinance granting a Special Exception to operate a commercial
drive-through facility on property located at 9636 Capeview Avenue, was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-2 Letter
from the City Manager and an Ordinance entitled, An Ordinance authorizing the
acceptance of a grant of up to $20,266.82 from the Schools and Libraries
Division of the Universal Service Administrative Company and appropriating the
funds and authorizing their expenditure for
the expansion of telecommunications services and internet
access for the Norfolk Public Library, was introduced in writing and read by
its title.
Randy
Miller, Kirn Library, 301 E. City Hall Avenue, was
present to answer questions.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-3 Letter
from the City Manager and an Ordinance entitled, An Ordinance authorizing the
acceptance of a grant of up to $23,016.30 from the Schools and Libraries
Division of the Universal Service Administrative Company and appropriating the
funds and authorizing their expenditure for the expansion of telecommunications
services and internet access for the Norfolk Public Library, was introduced in
writing and read by its title.
Randy
Miller, Kirn Library, 301 E. City Hall Avenue, was
present to answer questions.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-4 Letter
from the City Manager and a Resolution entitled, A Resolution of the Council
of the City of Norfolk requesting the Norfolk Redevelopment and Housing
Authority to investigate expansion of the Fairmount Park Neighborhood
Revitalization Implementation Plan, was introduced in writing and read by its
title.
ACTION: The Resolution as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-5 Letter
from the City Manager and an Ordinance entitled, An Ordinance accepting the
dedication of a utility easement by the Norfolk Redevelopment and Housing
Authority, and approving the terms of the deed of easement, was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-6 Letter
from the City Manager and an Ordinance entitled, An Ordinance approving the
acceptance of a Baseball Tomorrow Fund grant award of $75,000.00 from the
Baseball Industry Growth Fund, LLC, t/a the Baseball Tomorrow Fund, for the Returning
the Dream Program, appropriating the grant funds and authorizing expenditure of
$50,000.00 received from donations as a local cash match, was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-7 Letter
from the City Manager and an Ordinance entitled, An Ordinance approving an
encroachment agreement with Station #2, L.L.C., t/a Station 2, for property at 233 Granby Street, was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-8 Letter
from the City Manager and an Ordinance entitled, An Ordinance approving and
accepting funds up to $25,000.00 from sponsors and fees from registrants
pertaining to Profit by Design Workshop to be conducted by Department of
Planning and Community Development and funds of $7,368.00 pertaining to Seaside
Institute Workshop conducted by the Department of Planning and Community
Development and authorizing and appropriating the funds for expenditure in
preparing for and conducting the Profit by Design Workshop and approval of fees,
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-9 Letter
from the City Manager and an Ordinance entitled, An Ordinance approving the
acquisition by negotiation or by condemnation of a certain parcel of property
owned by Roy Thomas Gregory and Alan T. Gregory, individually and as
co-executors of the Estate of Jewel T. Gregory, deceased, such property being a
portion of the property located at 125 Colley Avenue, for the sum of
$55,259.00; authorizing the City Manager to negotiate an agreement in
substantial conformity with the terms and conditions of the attached purchase
and sale agreement, or, if such negotiations fail to produce an agreement,
authorizing the City Attorney to institute condemnation proceedings as provided
for in Norfolk City Charter Section 136(a); and authorizing the expenditure of
a sum of up to $60,000.00 from funds heretofore appropriated to cover the cost
of acquiring the property and the other related transaction costs, was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-10 Letter
from the City Manager and an Ordinance entitled, An Ordinance authorizing the
provision of certain fire, rescue and police services over property located in
the City of Norfolk, Virginia and approving the services agreement, was
introduced in writing and read by its title.
Ellis
W. James, 2021 Kenlake Place, raised questions about
certain aspects of the proposal.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-11 Letter
from the City Manager and an Ordinance entitled, An Ordinance amending Section
13 of Ordinance No. 41,839 to amend and reordain Section 41-21 of the Norfolk
City Code, 1979, SO AS TO decrease
certain fees for the collection and disposal of refuse, was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 1, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright,
and Fraim.
No: None.
R-12 A
Resolution entitled, A Resolution reappointing two persons to the Norfolk
Redevelopment and Housing Authority for a certain term, was introduced in
writing and read by its title.
ACTION: The Resolution as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-13 Letter
from the City Manager and an Ordinance entitled, An Ordinance granting a
Special Exception to operate an eating and drinking establishment on property
located at 3574 North Military Highway, was introduced in writing and read by
its title.
ACTION: The Ordinance as introduced was adopted,
effective July 19, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
NEW BUSINESS
Alton
Robinson, 735 W. 35th Street, thanked Councils for its development
achievements throughout the city.