City Council Agendas

September 12, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 12, 2023 – 6:00 P.M. A CITIZEN WHO WISHES TO ADDRESS COUNCIL CONCERNING A DOCKET ITEM OR NEW BUSINESS MUST REGISTER TO SPEAK WITH THE CITY CLERK BY 3:00 PM THE DAY OF THE MEETING BY CALLING (757) 664-4253 OR EMAILING CCOUNCIL@NORFOLK.GOV. MOMENT OF SILENCE Followed by the Pledge of Allegiance. Attendee Name Title Status Courtney R. Doyle Councilmember - Ward 2 Present Mamie B. Johnson Councilmember - Ward 3 Present Andria P. McClellan Councilmember - Superward 6 Present John E. Paige Councilmember - Ward 4 Present Danica J. Royster Councilmember - Superward 7 Present Thomas R. Smigiel Jr. Councilmember - Ward 5 Present Martin A. Thomas Jr. Vice Mayor - Ward 1 Present Kenneth Cooper Alexander Mayor Present APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander CLOSED SESSION RESOLUTION 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. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 1  September 12, 2023 PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, on the application on the CITY PLANNING COMMISSION, for Zoning Text Amendment to the Norfolk Zoning Ordinance to modify definitions and performance standards for restaurants to allow for the sale of alcoholic beverages as a permitted accessory use depending on certain locational and/or operational limitations. An Ordinance to Amend Section 4.2.3.F(2) of the Norfolk Zoning Ordinance to Revise the Performance Standards for the Commercial Use Known as “Restaurant” so as to Allow the Sale of Alcoholic Beverage for On-Premises Consumption as an Accessory Use, By Right, for Establishments that Close No Later than 5:00 p.m. - (Ordinance No. 49305) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐2 Public Hearing scheduled this day, pursuant to State Law, on the application of the CITY PLANNING COMMISSION, for Zoning Text Amendment to the Norfolk Zoning Ordinance to correct inconsistencies and fix clerical errors. An Ordinance to Amend the Norfolk Zoning Ordinance so as to Simplify the Process for Amending a Conditional Use Permit to Expand an Outdoor Dining Area, Remove Temporary Uses that were Allowed During the Coronavirus Pandemic Emergency, Allow Manufactured Home as a Conditional Use in the MF-AC District in Conformity with State Law, Eliminate Repetitious and Inconsistent Definitions, and Clarify Setback Requirements for Accessory Structures on Certain Through Lots. - (Ordinance No. 49306) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2  September 12, 2023 PH‐3 Public Hearing scheduled this day, pursuant to State Law, on the application of BH VA NORFOLK NEWTOWN, LLC, for a rezoning from MF-AC (Multi Family- Apartment Complex) District to Conditional C-C (Community-Commercial) District and for Conditional Use Permits to Authorize the Construction of new Multi-Family Dwellings on Property Located at 6659 East Virginia Beach Boulevard. An Ordinance to Rezone Property Located at 6659 East Virginia Beach Boulevard from MF-AC (Multi Family-Apartment Complex) District to Conditional C-C (Community- Commercial) District. - (Ordinance No. 49307) Lisa Murphy, attorney for the applicant, 440 Montecello Avenue, Suite 2200, was present to answer any questions relative to this matter. Ford Mason, civic league president, 6612 Stoney Point North, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐3a An Ordinance Granting Conditional Use Permits to Authorize the Construction of new Multi-Family Dwellings on Property Located at 6659 East Virginia Beach Boulevard. - (Ordinance No. 49308) Lisa Murphy, attorney for the applicant, 440 Montecello Avenue, Suite 2200, was present to answer any questions relative to this matter. Ford Mason, civic league president, 6612 Stoney Point North, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3  September 12, 2023 PH‐4 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to ABJO Investment LLC of that Certain Parcel of Property Located at 1400 Marshall Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to ABJO Investment LLC of that Certain Parcel of Property Located at 1400 Marshall Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. Alton Robinson, 5116 E. Princess Anne Road, spoke in opposition to this matter. ACTION: Motion Lost [0 to 8] NAYS: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐5 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 725 C Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 725 C Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  September 12, 2023 PH‐6 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 1060 Rugby Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 1060 Rugby Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐7 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 1321 Maltby Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 1321 Maltby Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. Valerie Taylor, 8421 Nathan Avenue, was present to answer any questions relative to this matter. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5  September 12, 2023 PH‐8 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to B&N Associate Inc. of that Certain Parcel of Property Located at 2511 Middle Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to B&N Associate Inc. of that Certain Parcel of Property Located at 2511 Middle Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐9 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 868 Rugby Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 868 Rugby Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐10 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 814 Joyce Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. 6  September 12, 2023 An Ordinance Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 814 Joyce Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐11 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 416 Pendleton Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Marshall Builders USA LLC of that Certain Parcel of Property Located at 416 Pendleton Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐12 Public Hearing scheduled this day, pursuant to State Law, to hear comments Approving a Lease Agreement with Norfolk Convention & Visitors Bureau, Inc. d/b/a Visit Norfolk for the Lease of 232 E. Main Street An Ordinance Approving a Lease Agreement with Norfolk Convention & Visitors Bureau, Inc. d/b/a Visit Norfolk for the Lease of 232 E. Main Street. - (Ordinance No. 49309) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7  September 12, 2023 PH‐13 Public Hearing scheduled this day, pursuant to State Law, to hear comments Approving the Assignment of Lease from DK Chicken Corp. to Speedy Chicken LLC for the Lease of Property Located at 300 St. Paul's Boulevard. An Ordinance Approving the Assignment of Lease from DK Chicken Corp. to Speedy Chicken LLC for the Lease of Property Located at 300 St. Paul's Boulevard. - (Ordinance No. 49310) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐14 Public Hearing scheduled this day, pursuant to State Law, to hear comments Approving a Lease Agreement with Rover Marine, Inc. t/a American Rover for the Lease of a Portion of the Peace 'n Plenty Berth. An Ordinance Approving a Lease Agreement with Rover Marine, Inc. t/a American Rover for the Lease of a Portion of the Peace 'n Plenty Berth. - (Ordinance No. 49311) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. IF DISCUSSION IS DESIRED ON ANY ITEM, IT WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 8  September 12, 2023 C‐1 An Ordinance placing an Honorary Street Sign entitled Bishop L.E. Willis II Way at Henry and Church Streets. - (Ordinance No. 49312) C‐2 An Ordinance directing the City Treasurer to issue a refund to Towne Realty, LLC upon the overpayment of its Business License Tax for the Tax Year 2023. - (Ordinance No. 49313) C‐3 An Ordinance to Amend and Reordain Sections 25-265 and 25-656 of the Norfolk City Code, 1979, so as to add Twenty-Three Stop Intersections and Three Trucks of One and One-Half Tons or Over Prohibited on Certain Streets Exceptions. - (Ordinance No. 49314) C‐4 An Ordinance Approving a Right of Entry Agreement Between the City of Norfolk and First Baptist Church of Norfolk, Inc. for Use of the Parking Lot Located at 698 Saint Paul's Boulevard on September 16, 2023 for a Community Farmers Market, and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City. - (Ordinance No. 49315) Monet Johnson, 3505 Argonne Avenue, spoke in support of this matter. Carl Poole, 1049 W. 49th Street, spoke in support of this matter. Tiara Lassiter, 3055 Sewells Point Road, spoke in support of this matter. C‐5 An Ordinance Granting Conditional Use Permits to Authorize the Operation of Facility for Production of Craft Beverages and Live Entertainment at an Establishment Named “Elation Brewing” on Property Located at 5104 Colley Avenue. C‐6 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9609 19th Bay Street. - (Ordinance No. 49316) C‐7 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 8421 Nathan Avenue. - (Ordinance No. 49317) C‐8 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Homestay) on Property Located at 9615 7th Bay Street. - (Ordinance No. 49318) 9  September 12, 2023 C‐9 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 1105 Little Bay Avenue. - (Ordinance No. 49319) C‐10 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9523 Chesapeake Street. - (Ordinance No. 49320) C‐11 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 831 Little Bay Avenue. - (Ordinance No. 49321) C‐12 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 1200 Modoc Avenue. - (Ordinance No. 49322) C‐13 An Ordinance to Amend a Conditional Use Permit so as to Approve a Change of Managers for a Restaurant Operating Until Midnight with On-Premises Alcoholic Beverages Sales and Live Entertainment Named “District Apizza” on Property Located at 2411 Granby Street. - (Ordinance No. 49323) C‐14 An Ordinance Granting Conditional a Use Permit to Authorize the Sale of Alcoholic Beverages for On-Premises Consumption at a Restaurant Named “Sushi King, Inc.” on Property Located at 420 Monticello Avenue. - (Ordinance No. 49324) C‐15 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours, Outdoor Dining, and the Sale of Alcoholic Beverages for On-Premises Consumption Named “Streats” on Property Located at 915 West 21st Street. - (Ordinance No. 49325) C‐16 An Ordinance Granting Conditional Use Permits to Authorize a Restaurant to Operate with Extended Hours and the Sale of Alcoholic Beverages both On-Premises and Off- Premises Consumption Named “Taco y Tequila” on Property Located at 1421 Colley Avenue. - (Ordinance No. 49326) C‐17 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours, the Sale of Alcoholic Beverages for On-Premises Consumption, and Live Entertainment Named “Sharks Sports Bar and Grill” on Property Located at 1524 Johnstons Road. - (Ordinance No. 49327) 10  September 12, 2023 C‐18 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with the Sale of Alcoholic Beverages for both On-Premises and Off- Premises Consumption and Live Entertainment Named “Coaches” on Property Located at 628 35th Street, Suites A and B. - (Ordinance No. 49328) Kerry Moore, the applicant, 628 W. 35th Street, was present to answer any questions relative to this matter. C‐19 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Day Care Home Named “Little Light of the World Daycare” on Property Located at 2420 Barraud Avenue. - (Ordinance No. 49329) C‐20 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 1039 East Ocean View Avenue. - (Ordinance No. 49330) REGULAR AGENDA R‐1 An Ordinance Accepting the Bid Submitted By Metro Fiber Networks, Inc. for a Long- Term Wireless Facilities Franchise Agreement, with a Term of Five Years in the City's Rights-of-Way. - (Ordinance No. 49331) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐2 An Ordinance Granting a Conditional Use Permit to Authorize a Large-Scale Drive- through Facility and a Development Certificate, with Waivers, for the Renovation of an Existing Bank Building named “Bayport Credit Union” on Property located at 2014 Granby Street. - (Ordinance No. 49332) Attorney for the applicant, Randy Royal, Kimley-Horn, 4525 Main Street, Virginia Beach, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 11  September 12, 2023 R‐3 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Smoke or Vape Shop Named “The Hive” on Property Located at 4215 Granby Street. John Childers, 1515 Bordaux Place, President of Riverview Village Business Association, spoke in support of this matter. Yelena Kay, 829 Brentwood Drive, spoke in support of this matter. Robert Matthews, 4215 Granby Street, spoke in support of this matter. ACTION: Continued [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander NAYS: Martin A. Thomas Jr. R‐4 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 7936 Thompson Road. - (Ordinance No. 49333) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐5 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Donated Funds Up To the Sum Of $21,134 From The Norfolk Public Library Foundation Via Randi Marston Peterson For Norfolk Public Libraries To Update Needed Equipment For The Randi Marston Peterson Studio At Pretlow Library. - (Ordinance No. 49334) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 12  September 12, 2023 R‐6 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $21,280 From Hampton Roads Community Foundation For Norfolk Public Libraries To Purchase Additional Books, Reading Or Educational Materials, And Support Library Services And Programs. - (Ordinance No. 49335) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐7 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Donated Funds Up To The Sum Of $8,020 From The Barron F. Black Article VIII Fund Of The Hampton Roads Community Foundation For Norfolk Public Libraries To Fund The Memory Lab Project And The Jordan-Newby Anchor Branch Library. - (Ordinance No. 49336) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐8 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Additional Grant Funds Up To The Sum Of $745,077 From The Virginia Department Of Transportation For The Federal Smart Scale Program For The Brambleton Avenue And Park Avenue Project. - (Ordinance No. 49337) Alton Robinson, 5116 E. Princess Anne Road, had questions regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 13  September 12, 2023 R‐9 A Resolution appointing and reappointing 40 members to 5 Commissions, 4 Boards, and 2 Authorities for certain terms. - (Resolution No. 1901) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS The following residents spoke in opposition to the traffic light project on Hampton Boulevard: Paige Freeman, 918 Hanover Avenue Adalaide Catarina Goncalves, 1113 Bedford Avenue Robert Woods, 1117 Lexan Avenue Erika McCullough, 6121 Monroe Place Jeanne Walters, 1016 Cambridge Crescent Liz Paiste, 1000 Cambridge Crescent Shawn Foreman, 2104 Verona Quay, spoke regarding difficulties he experience during the process for purchasing and developing GEM lots. Priscilla Kimbrough, P.O. Box 6045, spoke regarding justice for the underserved. Alton Robinson, 5116 E. Princess Anne Road, spoke regarding gun violence the black community. Susan Matusek, 8214 Andrew Lane, spoke regarding duty of care and utility billing. ADJOURNMENT 14