NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, JULY 18, 2006 – 2:30 P.M.

 

Prayer offered by Vice Mayor Paul R. Riddick, followed by the Pledge of Allegiance.

 

President Fraim moved to excuse Mr. Burfoot for his absence from today’s meeting.

 

                   Motion adopted.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.

                            

President Fraim moved to dispense with the reading of the minutes of the previous meeting.

 

                   Motion adopted.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None

                               

 

CERTIFICATION OF CLOSED MEETING

 

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 18, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None

 

CEREMONIAL MATTER

 

President Fraim read and presented a proclamation to Dr. Charles E. Horton, Sr., and extended thanks and appreciation for over forty years of service to the City of Norfolk.  Dr. Horton, founder of Physicians for Peace, was accompanied by his family, Physicians for Peace Staff and Board of Trustees, and several friends.

 

President Fraim read and presented a proclamation to the Ocean View Presbyterian Church in recognition of their Loaves and Fishes Ministry.  The proclamation was accepted by Jim Miller.

 

President Fraim read and presented a proclamation to Investigator Jamel Davis, recognizing him as the 2005 recipient of the Commonwealth of Public Safety Medal of Valor.

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on June 27, 2006 under the State law, public notice having been inserted in the local press by the City Clerk on the application of the Salvation Army to amend the General Plan of Norfolk, 1992 from Industrial/Transportation/Utility to Institutional and for a change of zoning from C-2 (Corridor Commercial) District and I-2 (Light Industrial) District to Conditional IN-1 (Institutional) District on property located at 5513-5517 Raby Road.

 

Major Gene Hogg, 825 Indian Cedar Drive, Chesapeake, and Harold Rayburn, 829 Round Bay Circle, were present 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 5513 to 5517 Raby Road from Industrial/Transportation/Utility to Institutional,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

 

PH-1A                            An Ordinance entitled, “An Ordinance to rezone property located at 5513 to 5517 Raby Road from C-2 (Corridor Commercial) to Conditional IN-1 (Institutional),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

 

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on June 27, 2006 under the State law, public notice having been inserted in the local press by the City Clerk on the application of George Powell to amend the General Plan of the City of Norfolk, 1992, to change the land use from Commercial/Office to Medium Density Residential and to change the zoning from C-2 (Corridor Commercial) to Conditional R-11 (Moderate Density Multiple-Family) District on property located at 851 & 859 Norview Avenue.

 

                    Andrew Yancey and George Powell of 630 N. Witchduck Road, were present to answer questions.

 

                    Keemara Bogues, 1133 Modoc Avenue, was present to support the application but did not speak.

 

                    Ellis W. James, 2021 Kenlake Place, expressed opposition due to the close proximity of the Green Hill Farms neighborhood and the potential impact to the wetlands around the entire edge of the property the area.

 

                                      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 851 and 859 Norview Avenue from Commercial/Office to Medium Density Residential,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

 

PH-2A                            An Ordinance entitled, “An Ordinance to rezone property located at 851 and 859 Norview Avenue from C-2 (Corridor Commercial) to Conditional R-11 (Multiple-Family Residential),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

 

PH-3                              PUBLIC HEARING scheduled this day pursuant to action of the Council on June 27, 2006 under the State law, public notice having been inserted in the local press by the City Clerk on the application of Metro Housing Group, Inc., for a change of zoning from C-2 (Corridor Commercial) District to Conditional R-8 (One-Family) District on property located at 5850 Chesapeake Boulevard.

 

                    No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 5850 Chesapeake Boulevard from C-2 (Corridor Commercial) to Conditional R-8 (One-Family Residential),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

 

PH-4                              PUBLIC HEARING scheduled this day pursuant to action of the Council on June 27, 2006 under the State law, public notice having been inserted in the local press by the City Clerk on the application of The Potters House Christian Fellowship Church, for a change of zoning from C-2 (Corridor Commercial) District to Conditional IN-1 (Institutional) District on property located at 1121-1129 E. Little Creek Road.

 

                   Pastor Carlos Morales, 1121 E. Little Creek Road, was present to answer questions. 

 

                  

 

 

 

 

                   There was no opposition present concerning this matter.  President Fraim asked those present in favor of this matter to stand, and approximately 40 persons stood.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 1121 and 1129 East Little Creek Road from C-2 (Corridor Commercial) to Conditional IN-1 (Institutional),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of STEPHEN COPLON, 1) to amend the General Plan of Norfolk, 1992, from Commercial/Office to Mixed Use, 2) for a change of zoning from C-2 (Corridor Commercial) District, Conditional C-2 (Corridor Commercial) District and R-11 (Moderate Density Multiple-Family) District to Taylor’s Landing Planned Development (PD MU Taylor’s Landing) and 3) to close vacate and discontinue a portion of Wisteria Place.

         

ACTION:   City Clerk authorized to advertise for a public hearing on August 29, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

 

 

 

 

 

 

 

 

 

 C-2                                Letter from the City Manager presenting recommendation of the City Planning Commission on the application of CHARLES WERMERS, to amend The City of Norfolk Zoning Ordinance, 1992, as amended, to amend Chapter 27, Planned Development, Section 27-21 to change the name of the Planned Development to Planned Development Harborwalk, Section 27-21.3, Density, to increase the density and Section 27-21.7, Yard requirements for residential and nonresidential uses to reduce the spacing between buildings.

                   

ACTION:   City Clerk authorized to advertise for a public hearing on August 29, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

 

C-3                                 Letter from the City Manager requesting a public hearing be scheduled on authorizing the issuance of Series 2006B Wastewater System General Obligation Bond.

         

ACTION:   City Clerk authorized to advertise for a public hearing on August 15, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

         

C-4                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of the CITY PLANNING COMMISSION, to amend the Zoning Ordinance of  the City of Norfolk, 1992, to permit tattoo parlors in the C-2 (Corridor Commercial) District by special exception.

                   

ACTION:   City Clerk authorized to advertise for a public hearing on August 29, 2006.

 

Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

No:    None.

         

 

 

REGULAR AGENDA

                  

R-1                                 Matter of a PUBLIC HEARING scheduled this day pursuant to action of the Council on June 6, 2006 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 amend the General Plan of Norfolk from Medium Density Residential to Commercial/Office and to change the zoning from R-11 (Moderate Density Multiple-Family) to C-2 (Corridor Commercial) on property located at 1674 to 1690 Church Street.

                                      (Passed by at the Public Hearing of June 27, 2006)

PUBLIC HEARING CLOSED.

 

                   Henry B. McIntosh, 1698 Church Street, was present.

 

ACTION:   Matter continued until August 15, 2006.

 

                   Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Daniel K. Bauserman and Jane C. Bauserman to encroach into the right of way of Beach Avenue, a paper street, at 306 Lucile Avenue, with a five feet (5’) wide open pile pier, approximately ninety-seven feet (97’) long,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

                   Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Anna Jerabek to encroach into the right-of-way at 441 Granby Street with an awning, two half-columns, lettering and a sign,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

                   Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting the offer of the Norfolk Redevelopment and Housing Authority to dedicate to the City of Norfolk properties that it owns off Bank Street and in the Subdivision of Stonebridge Crossing,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

                   Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the lease of certain property located at 731 Monticello Avenue, by the City of Norfolk, for a five-year term, with an option to renew for another five-year term, and authorizing the City Manager to negotiate and execute a lease agreement on behalf of the City,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

                   Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the creation of a flag lot on property located at 9512 and 9516 14th Bay Street,” was introduced in writing and read by its title.

 

ACTION:   Matter continued until August 29, 2006.

 

                   Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the creation of a flag lot on property located at the western terminus of River Edge Road,” was introduced in writing and read by its title.

 

                   Ellis W. James, 2021 Kenlake Place, opposed flag lots, commented about much building along the water’s edge.

 

                   Anna Bryant, 5306 Barharbor Drive, opposed flag lots and further development in that area.

 

ACTION:   The Ordinance as introduced was adopted, effective July 18, 2006.

 

                   Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the creation of a flag lot on property located at 5547 and 5553 Woodbine Road,” was introduced in writing and read by its title.

 

                   Robert Hedgepeth, 5547 Woodbine Road, discussed his plans to develop property which has been in his family for several years.

 

                   Eric Garner, 242 Mustang Trail, Suite 8, Virginia Beach, presented plans showing a reduction to the flag-lot situation.

 

                   Ellis W. James, 2021 Kenlake Place, opposed flag lots and the impact of construction along the water’s edge.

 

ACTION:   Matter continued until August 29, 2006.

 

                   Yes:   Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim.

 

                   No:    None.