NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
JULY 24, 2007 – 7:00 P. M.
Prayer offered by Pastor Lionel V. Goodwyn, City of Refuge
Deliverance Ministries, followed by the Pledge of Allegiance.
Vice Mayor Burfoot moved to excuse Mayor Fraim for his absence from
today’s meeting.
Motion
adopted.
Yes: Burfoot, Hester, Riddick, Whibley, Williams, Winn
and Wright.
No: None.
Vice Mayor Burfoot moved to dispense
with the reading of the minutes of the previous meeting.
Motion
adopted.
Yes: Burfoot, Hester, Riddick, Whibley, Williams,
Winn and Wright.
No: None.
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.
The
Resolution as introduced was adopted, effective July 24, 2007.
Yes: Burfoot, Hester, Riddick, Whibley,
Williams, Winn and Wright.
No: None.
PUBLIC HEARINGS
PH-1 PUBLIC
HEARING scheduled this day pursuant to action of the Council on June 19,
2007, under the State law, public notice having been inserted in the local
press by the City Clerk on the application of
the City Planning Commission to amend the Zoning Ordinance of the
City of Norfolk, 1992, to amend Table 15-4 Table of Parking Requirements to
eliminate the parking requirement for lots that are forty (40) feet or less in
width.
.
There was no one present to
speak concerning this matter.
Thereupon, an Ordinance entitled,
“An Ordinance to amend Table 15-A of the Zoning Ordinance of the City of
Norfolk, 1992, SO AS TO not require
off-street parking for lots or parcels that are forty feet or less in width,”
was introduced and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
PH-2 PUBLIC
HEARING scheduled this day pursuant to action of the Council on June 19,
2007, under the State law, public notice having been inserted in the local
press by the City Clerk on the application of Oxford
Christian Academy to change the zoning from R-8 (One-Family) to R-11
(Moderate Density Multiple Family) on property located at 1401 Hampton
Boulevard.
ACTION: Application withdrawn.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
PH-3 PUBLIC HEARING scheduled this day pursuant to action of the Council on June 19,
2007, under the State law, public notice having been inserted in the local
press by the City Clerk on the application of Dominic
Germano to amend The General Plan of Norfolk, 1992, to change the
land use classification from high density residential to commercial/office, to
change the zoning from R-12 (Medium Density Multiple Family) to Conditional C-2
(Corridor Commercial), on property located at 3248 East Ocean View Avenue
and for Special Exceptions a) to operate
an eating and drinking establishment on property located at 3248 East Ocean
View Avenue and b) off lot parking on property located at 3201 East Ocean
View Avenue.
The
following people spoke in favor of this matter:
Vic Yurkovic, 1816 East Ocean View Avenue; Bonnie Primm, 1024 Gates
Avenue; Jim Janata, 3124 East Ocean View Avenue; Carl Cox, 120 East Chester
Street; Joe Hoggard, 4544 Columbus
Avenue, Virginia Beach; Rich McKinney, 9626 13th Bay Street; Bill
Eason, 3513 Bayside Avenue; George Pintoff, 3014 Pretty Lake Avenue.
Brie
Curtis, 6 Paquette Court, Hampton, spoke in opposition to 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 3248 East Ocean View Avenue from High
Density Residential to Commercial/Office” was introduced and read by its
title.
ACTION: The Ordinance as introduced was adopted effective
July 24, 2007
Yes: Burfoot, Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
PH-3A An Ordinance
entitled, “An Ordinance
to rezone property located at 3248 East
Ocean View Avenue from R-12 (Multiple-Family Residential) to Conditional
C-2 (Corridor Commercial),” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
PH-3B An Ordinance
entitled, “An
Ordinance granting a Special Exception to permit the operation of an eating and
drinking establishment on property located at 3248 East Ocean View Avenue, was introduced in writing and read by
its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
PH-3C An Ordinance
entitled, “An
Ordinance granting a Special Exception to permit off-lot parking on property
located at 3201 East Ocean View Avenue,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
PH-4 PUBLIC HEARING scheduled this day pursuant to action of the Council on June 26,
2007, under the State law, public notice having been inserted in the local press
by the City Clerk to hear comments to
amend and reordain the Norfolk City Code, 1979, so as to repeal Article
4 of Chapter 15.2 and to add one new chapter designated Chapter 24.1, Marinas,
Wharves and Piers.
No
one was present to speak concerning this matter.
Thereupon, an ordinance entitled, “An Ordinance to amend and
reordain the Norfolk City Code, 1979, SO
AS TO repeal Article IV of Chapter 15.2, and to add one new chapter
designated “Chapter 24.1 Marinas, Wharves, and Piers,” was introduced and read
by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
CONSENT AGENDA
C-1 Letter
from the City Manager presenting recommendation of the City Planning Commission
on the application of Rynn Caputo
to amend the Zoning Ordinance of the City of Norfolk, 1992, so as to
create regulations for bed and breakfast establishments in certain residential
districts and to permit them by Special Exception in R-11, R-12, R-13, and R-14
Multiple Family Districts.
ACTION: City Clerk authorized to
advertise for a public hearing on August 21, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
C-2 Letter
from the City Manager presenting recommendation of the City Planning Commission
on the application of The Norfolk Redevelopment and Housing Authority for
a change of zoning from R-8 (One Family) to PD-BCR (Planned Development – Broad
Creek Renaissance) on property located at 2926 Hollister Avenue.
ACTION: City Clerk authorized to
advertise for a public hearing on August 21, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
C-3 Letter
from the City Manager presenting recommendation of the City Planning Commission
on the application Andy Bacs for a change of zoning from R-6 (One
Family) to Conditional R-8 (One Family) on property located at 305 Frizzell
Avenue.
ACTION: City Clerk authorized to
advertise for a public hearing on August 21, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
REGULAR
AGENDA
R-1 Matter of a letter from the
City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception
to permit the operation of a tattoo parlor on property located at 1540 Azalea Garden Road, Suite G,” was introduced
in writing and read by its title.
(Passed
by at the meeting July 10, 2007)
Lisa
and Dennis Harrison, 1540 Azalea Garden Road, applicants, and Joe Hatch, 2340
Leeward Shore Drive, Virginia Beach, were present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn and Wright.
No: Riddick.
R-2 Letter from the City Manager and an Ordinance
entitled, “An Ordinance granting a Special Exception to permit development on a
non-standard-width residential parcel on property located at 719 Maltby Avenue,” was introduced in
writing and read by its title.
George Brown, 1400 E.
Brambleton Avenue, was present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-3 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to permit development on a non-standard-width residential
parcel located on the south side of
Myrtle Avenue east of Marathon Avenue,” was introduced in writing and read
by its title.
The following people spoke in
opposition to this matter: Nathaniel
Parker, 2405 Myrtle Avenue; Rodney Jordan, 304 West 36th Street;
Robert Waverly, 2423 Myrtle Avenue.
ACTION: The Ordinance as introduced was LOST.
Yes: None.
No: Burfoot, Hester, Riddick, Whibley, Williams,
Winn and Wright.
R-4 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to permit development on a non-standard-width residential
parcel on property located at 1340
Bolton Street,” was introduced in writing and read by its title.
ACTION: Continued
generally.
Yes: Burfoot, Hester, Riddick, Whibley, Williams, Winn
and Wright.
No: None.
R-5 Letter from the
City Manager and an Ordinance entitled, “An Ordinance granting a Special
Exception to permit development on a non-standard-width residential parcel on
the west side of an easement located north of Goff Street along the former Barraud Avenue,” was introduced in
writing and read by its title.
ACTION: Continued generally.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-6 Letter from the City Manager and an Ordinance
entitled, “An Ordinance granting a Special Exception to permit development on a
non-standard-width residential parcel on property located at 3601 Colonial Avenue,” was introduced
in writing and read by its title.
ACTION: Continued generally.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-7 Letter from the City
Manager and an Ordinance entitled, “An Ordinance granting a Special Exception
to permit development on a non-standard-width residential parcel located at 1502 Isaac Street,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was LOST.
Yes: None.
No: Burfoot, Hester, Riddick, Whibley, Williams,
Winn and Wright.
R-8 Letter from the
City Manager and an Ordinance entitled, “An Ordinance granting a Special
Exception to permit the operation of an eating and drinking establishment on
property located at 4249 East Little
Creek Road, Unit 3,” was introduced
in writing and read by its title.
ACTION: Continued generally.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-9 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to permit dwelling units above the ground floor in a
commercial district on property located at 1202
West Little Creek Road,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-10 Letter
from the City Manager and an Ordinance entitled, “An Ordinance authorizing the
purchase from the Commonwealth of Virginia, Department of Forensic Science, of
certain property located in the City of Norfolk and commonly referred to as the
Ballard Property for the sum of $2,460,000.00; authorizing the City Manager to
negotiate an agreement in substantial conformity with the terms and conditions
of the attached Purchase and Sale Agreement; authorizing the expenditure of the
sum of $2,470,000.00 from funds
heretofore appropriated to pay the purchase price and other transaction costs;
and repealing Ordinance Number 42,125, adopted December 20, 2005,” was introduced
in writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot, Hester, Riddick, Whibley, Williams
and Wright.
No: Winn
R-11 Letter
from the City Manager and an Ordinance entitled, “An Ordinance to repeal
Subsections (2), (3) and (4) of Section 25-648 and (95) of Section 25-654 and
to amend and reordain Sections 25-651 to add two u-turn prohibited signs and
25-654 of the Norfolk City Code, 1979, so as to add thirty–three stop
signs,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-12 Letter
from the City Manager and a Resolution entitled, “A Resolution approving the
Commonwealth of Virginia, Department of Transportation’s proposed design
features for the Military Highway
Improvement Project, 0013-122-V03, PE-103, RW-203, C-503, UPC 9783;
0165-122-V04, PE-101, PE-103, UPC 1765; 0165-122-181, RW-201, C-501, UPC 84243,
and requesting the Commonwealth of Virginia to acquire and convey to the City
all rights of way necessary and authorizing the execution of all necessary
agreements on behalf of the City,” was
introduced in writing and read by its title.
ACTION: The
Resolution as introduced was adopted, effective July 24, 2007.
Yes: Burfoot, Hester, Riddick, Whibley, Williams, Winn
and Wright.
No: None.
R-13 Letter
from the City Manager and an Ordinance entitled, “An Ordinance appropriating
and authorizing the expenditure of $12,036,543.00 from the Commonwealth of
Virginia for the Fiscal Year 2008 Comprehensive Services Act for the At-Risk
Youth and Families Funds Pool, appropriating and authorizing the expenditure of
$4,413,980.00 in local matching funds from the Norfolk Department of Human
Services and Norfolk School Board and $100,000.00 in recovered funds for the
Fiscal Year 2008 CSA Funds Pool and Medicaid Programs,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 1, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-14 Letter from the City Manager and the following two
Ordinances:
An
Ordinance entitled, “An Ordinance to amend and reordain the Norfolk City
Code, 1979, by adding a new Section numbered 12-141.2 SO AS TO create an additional 182 graves in Calvary Cemetery
Annex,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Riddick, Whibley, Williams, Winn and Wright.
No: Hester.
R-14A An
Ordinance entitled, “An Ordinance to amend and reordain the Norfolk City
Code, 1979, by adding a new Section thereto numbered 12-141.3 SO AS TO create an additional 180
graves in Calvary Cemetery Annex,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Riddick, Whibley, Williams, Winn and Wright.
No: Hester.
R-15 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Downtown Development Certificate to permit construction of a residential
condominium on property located at 225
Granby Street,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-16 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Pedestrian Commercial Overlay District (PCO) Development Certificate to permit
construction of an addition to the structure located at 730 West 21st Street,” was introduced in writing and
read by its title.
Michael Griffith, 1832
Kempsville Road, Virginia Beach, was present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-17 Letter from the City Manager and an
Ordinance entitled, “An Ordinance approving a Temporary Parking Agreement
between the Commonwealth of Virginia, Department of General Services, and
Eastern Virginia Medical School, Sentara Norfolk General Hospital, The
Children’s Hospital of the King’s Daughters, and the City of Norfolk, relative
to the parking lot designated lot D-5, located at the southwest corner of
Brambleton Avenue and Colley Avenue,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-18 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving the
conveyance of a certain parcel of property located on the west side of Colonial Avenue between 29th and
31st Street, adjacent to Monroe Elementary School, to the City
of Norfolk by the Norfolk Redevelopment and Housing Authority,” was introduced
in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-19 Letter
from the City Manager and an Ordinance entitled, “An Ordinance permitting
Vernon Middleton Estate to encroach into the right of way of 2112 Debree Avenue with two awnings,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective
July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-20 Letter
from the City Manager and an Ordinance entitled, “An Ordinance closing,
vacating and discontinuing a certain portion of Brambleton Avenue extending
from Yarmouth Street eastwardly to Duke Street,” was introduced in writing and
read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn and Wright.
No: None.
R-21 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving a
Right of Entry Agreement with Hampton Roads Sanitation District relative to
certain property located on the western side of Powhatan Avenue south of 44th Street,” was introduced in
writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot, Hester, Riddick, Whibley, Williams,
Winn and Wright.
No: None.
R-22 Letter
from the City Manager and an Ordinance entitled, “An Ordinance authorizing the
acquisition from the Visitors of Old Dominion University of certain parcels of
property located along 43rd
Street in the City of Norfolk for right of way expansion and other public
purposes,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 24, 2007.
Yes: Burfoot, Hester, Riddick, Whibley, Williams,
Winn and Wright.
No: None.
R-23 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to permit development on a non-standard-width residential
parcel located at 1837 East Lexington
Street,” was introduced in writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot, Hester, Riddick, Whibley, Williams,
Winn and Wright.
No: None.
R-24 Letter
from the City Manager and an Ordinance entitled, “An Ordinance accepting with
appreciation a donation of items to the City from Black Hawk Industries and
authorizing the use of the items for recognition of the marksmanship skills of
Norfolk Police Officers,” was introduced in writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective July 24, 2007.
Yes: Burfoot, Hester, Riddick, Whibley, Williams,
Winn and Wright.
No: None.
R-25 Letter
from the City Manager and an Ordinance entitled, “An Ordinance amending and
reordaining the Fiscal Year 2008 Compensation Plan SO AS TO increase the pay grade of the Sheriff’s Attorney,” was
introduced in writing and read by its title.
ACTION: