City Council Agendas

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, JANUARY 28, 2025 Mayor Kenneth Cooper Alexander, called the meeting to order at 3:30 p.m., with the following members present: Mr. Carlos J. Clanton, Mrs. Courtney R. Doyle, Mrs. Mamie B. Johnson, Mr. Jeremy D. McGee, Mr. John E. Paige, Mr. Thomas R. Smigiel Jr., and Vice Mayor Martin A. Thomas Jr. AGENDA Pop Up Presentation Presenter: Mr. Stephen Kirkland, Director, Nauticus Mr. Kirkland reported as follows: Preparing for Year-Round Cruise Activity Increasing Awareness 1. Online cruise resource site launched in Fall; most heavily visited page for Visit Norfolk 2. Four virtual cruise/travel advisor familiarization sessions (FAMs) held recently; more than 100 participants 3. Large-scale advisor ship tour scheduled for 2/23; focus on pre-post destination (three hotels being used) 4. Direct, ongoing marketing to cruisers/potential cruisers to promote pre-post destination 5. National media coverage including AAA National and Cruise Industry News Community Coordination 1. 12 Norfolk hotels participating in park/cruise package 2. Cruise-specific dining discounts offered at restaurants; various cruise discounts at many Norfolk attractions (Chrysler, Hermitage, Zoo, VA Arts Festival, etc.) 3. February 10th – large cruise culture/awareness session inside Nauticus theater 4. February 10th – Cruise ambassador training for interested front line organizations Update on Hampton Roads Express Lanes Presenter: Mr. Christopher Hall, District Engineer, Hampton Roads District Virginia Department of Transportation Mr. Hall reported as follows: Hampton Roads Express Lanes Network (HREL)  45-Mile Continuous Network  I-64 from Denbigh Boulevard to I-664 (Bowers Hill) -1-  High Occupancy Toll (HOT-2)  Dynamic Tolling System (map and video presented) HREL Norfolk 1A Segment Overview Project Scope  Spans 2 miles along I-64, from Patrol Road to Tidewater Drive  Express Lanes: Adding a part-time shoulder Express Lane in each direction, with three general purpose lanes remaining in each direction  Widening/Rehabilitation of 5 existing bridges  Rehabilitation of 3 existing bridges Construction Status Phase 1 (Underway through Spring 2025):  Bridge Work – Foundations completed, piers and girders set, new concrete bridge decks to be installed, existing structures to be repaired  Roadway Work – Widening to the outside along I-64 east, continuing installation of drainage, grading retaining walls and asphalt; new lighting installation; sound wall construction near Forest Lawn Cemetery; completed and opening new inside on-ramp to future Express Lane added alongside existing Reversible Express Lanes  Public Utility Relocations – Completed including replacement of water mains along Granby Street and Little Creek Road Phase 2 (Spring 2025 through Early 2026):  Eastbound traffic shifted to newly constructed portions of roadway and similar work as Phase 1 to take place toward the median; Bridge structure repair work to continue where traffic was shifted from HREL Norfolk 1A Segment Traffic Impacts Current Impacts  Overnight, single-lane closures on I-64  Overnight, single-lane and shoulder closures on the I-64 Reversible Roadway Express Lanes  Single-lane closures on Tidewater Drive, Granby Street, and E. Little Creek Road to widen I- 64 overpasses  Long-term full-closure of the on-ramp to I-64 east from Tidewater Drive south, with new left turn at Thole Street to access to I-64 east Recent/Upcoming Impacts Early 2025 – Fall 2025:  New temporary traffic pattern on I-64 west between Tidewater Drive and Patrol Road  One existing mainline lane closed, but added new alternate travel lane on the inside of I-64 west, alongside the existing Reversible Express Lanes -2-  Early 2025 – Summer 2025:  Long-term single-lane closure westbound on East Admiral Taussig Boulevard HREL Norfolk 1B Segment Overview Location  7 miles, from I-264 to Tidewater Drive Scope  Express Lanes: Adding a part-time shoulder Express Lane in each direction, alongside three general purpose lanes remaining in each direction  Widening + Rehabilitation of 9 Existing Bridges  Rehabilitation of 10 Existing Bridges  2 Bridge Replacements over Chesapeake Boulevard Estimated Schedule  Issue Design-Build Request for Proposals: Spring 2025  Notice to Proceed: Late 2025  Estimated Completion: Late 2029 HRBT Expansion Project Progress Update HRBT Expansion Upcoming Traffic Impacts  I-64 East Traffic Shift, between Willoughby Bay and Patrol Road  I-64 West Traffic Shift to New North Trestle Opening Late 2025 (video presented) I-64/I-264 Interchange Improvements Phase III-A Location  3 miles, I-64 from Northampton Boulevard to 1 mile east of I-264 Scope  Widen I-64 east from 4 to 5 lanes from Northampton Boulevard to I-264  Add part-time shoulder Express Lane on I-64 from Northampton Boulevard to the Twin Bridges  Replace existing flyover ramp from I-64 east to I-264 east with two-lane ramp to collector- distributor lanes  Widen I-64 east bridges over Kempsville Road and Virginia Beach Boulevard and inner I-264 bridge over Newtown Road Estimated Schedule  Issue Design-Build Request for Proposals: Winter 2026  Notice to Proceed: Fall 2026  Estimated Completion: Summer 2030 -3-  Councilman Smigiel asked:  To permanently close the lane at Wards Corner (Little Creek Road) redirecting drivers to make a U-turn to get on the interstate.  VDOT to address the excess trash and debris particularly at the Tidewater Drive on-ramps. Mayor Alexander asked that other ramps with trash and debris and particularly the ramps by the Campostella Bridge and Claiborne Avenue be addressed. City Planning Update Presenter: Mr. Bobby Tajan, Director of Planning Mr. Tajan reported as follows: City Planning Commission Zoning Text Amendment-Large Format Commercial Uses  Concerns have been raised regarding existing large format commercial uses and developments with vacancies  Re-establishing uses within these long-term vacant spaces and large-scale redevelopment has the potential to impact surrounding land uses and traffic patterns Proposed amendments:  In the C-C and C-R zoning districts:  Require a Conditional Use Permit for the development, redevelopment, or substantial improvement of a principal structure larger than 30,000 sf  Does not apply to replacing tenant with another tenant within 2 years  Require a Conditional Use Permit for the establishment of a use within an existing single- tenant space larger than 30,000 square feet that has been vacant for two years or more Planning Commission Recommendation  City Planning Commission, by a vote of 6-0, recommends approval. Elise CN Properties Conditional Use Permit Location  2413 Masi Street Existing Conditions  Single-family residence Request  Allow the 4-bedroom single-family home to operate as a Short-Term Rental (Location map presented) -4-  Planning Commission Recommendation City Planning Commission, by a vote of 3-3, recommends denial  Concerns over operator business model and emergency contact provided  Applicant is sub-lessee not based in the area with a separate operating company not based within the area  Emergency contact is noted to be the employee associated with cleaning and maintaining the residence 119 E. Princess Anne Road Appeal of a denial of a Development Certificate Location  119 E. Princess Anne Road Existing Conditions  Commercial Request  Appeal – denial of a modification to a Development Certificate (Photographs and renderings were presented) Background  In September 2020, City Council approved a development certificate for the rehabilitation of the property to a mixed-use building  The property is a non-contributing structure to the Norfolk Auto Row (state/national) district  The applicant applied in October 2024 for after-the-fact amendment to the Development Certificate for the installation of Chicago windows  The applicant stated they had trouble obtaining the approved windows due to supply chain issues  Approved windows more closely match the original style of the building Recommendations  Architectural Review Board, by a vote of 4-3, recommended approval to the Planning Commission  City Planning Commission, by a vote of 4-3, denied the amendment CLOSED SESSION Motion for closed session was approved at 4:22 p.m. for purposes which are set out in Clause 8, 8, 3, 8 and 1 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (8) Consultation with legal counsel regarding a housing matter. (8) Consultation with legal counsel regarding procedural matters for meetings. (8) Consultation with legal counsel regarding salary determinations. -5- (1) Discussion of candidates for Boards and Commissions, authority and/or committee appointments. (3) Disposition discussion of real property in the Ocean View area, Ward 5, Superward 6, where discussion in an open meeting would adversely affect the negotiating strategy of the public body. Yes: Clanton, Doyle, Johnson, Paige, McGee, Smigiel, Thomas and Alexander. No: None. -6-  January 28, 2025 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, JANUARY 28, 2025 – 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 Kenneth Cooper Alexander Mayor Present Carlos J. Clanton Councilmember-Superward 7 Present Courtney R. Doyle Councilmember - Ward 2 Present Mamie B. Johnson Councilmember - Ward 3 Present Jeremy D. McGee Councilmember-Superward 6 Present John E. Paige Councilmember - Ward 4 Present Thomas R. Smigiel Jr. Councilmember - Ward 5 Present Martin A. Thomas Jr. Vice Mayor - Ward 1 Present APPROVAL OF MINUTES Approve the Minutes of the Previous City Council Meeting. ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr., Thomas Jr. 1  January 28, 2025 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: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr., Thomas Jr. CEREMONIAL MATTER A Proclamation congratulating the Maury Commodores on the occasion of their victory in the Virginia Class 5 high school football championship in Harrisonburg, Virginia. The Mayor presented the following Proclamation: WHEREAS, under the leadership of Head Coach Dyrri McCain, the Maury Commodores won the Virginia Class 5 high school football championship with a 46-0 shutout of the Briar Wood Falcons of Ashburn on December 14, 2024, at James Madison University in Harrisonburg, Virginia; and WHEREAS, in closing out a perfect season, the Commodores outscored their opponents 826-95, the most all-time in Virginia high school football history, giving Maury High School its second straight state championship win and third overall; and WHEREAS, the Commodores ranked number 171 in the High School Football America 300 national rankings, powered by NFL Play Football; and WHEREAS, throughout the 2024 season, the Maury High School Commodores football team displayed exceptional athletic ability, team effort, sportsmanship, and an inspiring level of skill. NOW, THEREFORE, BE IT PROCLAIMED, THAT I, Kenneth Cooper Alexander, Mayor of the City of Norfolk, do hereby congratulate Coach McCain and the Maury High School Commodores football team for their 2024 victory. 2  January 28, 2025 PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, to hear comments on an Ordinance Amending a Previously Granted Development Certificate, with waivers, permitting the Renovation of an Existing Building with Mixed Uses on property located at 119 East Princess Anne Road. An Ordinance Amending a Previously Granted Development Certificate, With Waivers, Permitting the Renovation of an Existing Building with Mixed Uses on Property Located at 119 East Princess Anne Road. - (Ordinance No. 49836) Co-applicants, Joe La Framboise, 7851 Azalea Garden Road, and Robyn Thomas, 913 W. 21st Street, spoke in support for this matter. ACTION: Adopted [5 to 3] AYES: Alexander, Clanton, McGee, Paige, Thomas Jr. NAYS: Doyle, Johnson, Smigiel Jr. PH‐2 Public Hearing scheduled this day, pursuant to State Law, on the application of the CITY PLANNING COMMISSION, for an amendment to the Zoning Ordinance to require a conditional use permit for the development, redevelopment, or substantial improvement of a structure larger than 30,000 square feet or to establish a use in a vacant single-tenant space larger than 30,000 square feet, on property zoned C-C (Community Commercial) or C-R (Regional Commercial). An Ordinance to Amend Sections 3.3.4 and 3.3.5 of the Norfolk Zoning Ordinance so as to Require a Conditional Use Permit Prior to the Development, Redevelopment, Substantial Improvement, or Establishment of a Use in Certain Vacant Commercial Properties Larger Than 30,000 Square Feet in Area Located in a C-C (Community Commercial) or C-R (Regional Commercial) Zoning District. - (Ordinance No. 49837) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr., Thomas Jr. 3  January 28, 2025 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: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr., Thomas Jr. C‐1 An Ordinance to Amend Several Conditional Use Permits so as to Approve Additional Outdoor Dining and Revise the List of Managers for a Restaurant with Extended Hours of Operation and the Sale of Alcoholic Beverages for Both On-Premises and Off- Premises Consumption Named “Hair of the Dog Eatery” on Property Located at 250 Granby Street. - (Ordinance No. 49838) C‐2 An Ordinance Permitting Christopher D. Lutz and Deborah J. Lutz to Encroach into City Property at 3101 Pretty Lake Avenue, with a 5'-Wide and Approximately 56'-Long Pier, a 16' Square Dock and a 12' Square Boat Lift. - (Ordinance No. 49839) C‐3 An Ordinance Permitting Daniel M. Lind and Alma N. Acosta Garcia to Encroach into City Property at 1436 East Ocean View Avenue, with a Portion of a Deck, a Flagpole, a Planter and a Portion of a Walkway - (Ordinance No. 49840) C‐4 An Ordinance Permitting Christopher J. Bagnick and Taylor Lennox Bagnick to Encroach into Willoughby Bay Avenue at 617 W. Ocean View Avenue, with a Pier and a Platform. - (Ordinance No. 49841) C‐5 An Ordinance Accepting the Conveyance of a Drainage Easement over Property Located at 3607 N. Military Highway Owned BY JPM REAL ESTATE VA, LLC and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City - (Ordinance No. 49842) C‐6 A Resolution Requesting the Virginia Department of Transportation to Accept Eligible City Streets for Municipal Assistance Payments and to Remove Ineligible Streets From the Eligible List Pursuant to Section 33.1-41.1 of the Code of Virginia, 1950, As Amended. - (Resolution No. 1935) 4  January 28, 2025 REGULAR AGENDA R‐1 An Ordinance to Amend and Reordain Chapter 25, Article IV of the Norfolk City Code, 1979, so as to add one new Section 25-180 providing for the Seizure, Impounding, and Disposition of Unlawfully Operated All-Terrain Vehicles and Off-Road Motorcycles pursuant to Virginia Code § 46.2-915.1. - (Ordinance No. 49843) Ramin Fatehi, Norfolk's Commonwealth Attorney, spoke in support of this matter. Alton Robinson, 516 E. Princess Anne Road, had questions relative to this matter. ACTION: Adopted as Amended [7 to 1] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Smigiel Jr., Thomas Jr. NAYS: Paige R‐2 An Ordinance Approving a First Amendment to Cruise Ship Operating Agreement by and Between Carnival Cruise Line, a Division of Carnival Corporation, and the City of Norfolk, and Authorizing the City Manager to Execute the First Amendment to Cruise Ship Operating Agreement on Behalf of the City of Norfolk. ACTION: Continued [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr., Thomas Jr. R‐3 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 2413 Masi Street. The applicant, Stephanie Yang, P.O. Box 226, Towaco, New Jersey, spoke in support of this matter. Sarah McKay, 2714 Oklahoma Avenue, spoke in support of this matter. ACTION: Motion Lost [0 to 8] NAYS: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr., Thomas Jr. 5  January 28, 2025 R‐4 An Ordinance Approving a First Amendment to Purchase and Development Agreement by and Between the City of Norfolk, as Seller, and Breeden Investment Properties, Inc., as Developer, for that Certain Parcel of Real Property Located at 701 Monticello Avenue in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the First Amendment to Purchase and Development Agreement on Behalf of the City of Norfolk. - (Ordinance No. 49844) Alton Robinson, 516 E. Princess Anne Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSTAIN: Thomas Jr. R‐5 An Ordinance Approving a First Amendment to Purchase and Sale Agreement by and Among 711 Granby Street, L.L.C., Downtown Norfolk Properties, L.L.C., Starke Street, L.L.C., and 731 Monticello Avenue, L.L.C., as Seller, and the City of Norfolk, as Purchaser, for Those Certain Parcels of Real Property Located at 718, 724, and 730 Granby Street, and 723, 727, 729 and 731 Monticello Avenue in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the First Amendment to Purchase and Sale Agreement on Behalf of the City of Norfolk. - (Ordinance No. 49845) Alton Robinson, 516 E. Princess Anne Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSTAIN: Thomas Jr. 6  January 28, 2025 R‐6 An Ordinance Amending the FY2025 Annual Appropriations Ordinance (No. 49,590) so as to Accept, Appropriate, and Authorize the Expenditure of Grant Funds up to the sum of $1,000,000 from the Virginia Department of Criminal Justice Services from the Firearms Violence Intervention and Prevention Grant, to Support Holistic, Community- Based Strategies that Address the Root Causes and Conditions of Community Violence, if and when received, and Amending the FY2025 Budget to add the same. - (Ordinance No. 49846) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr., Thomas Jr. R‐7 A Resolution Appointing 2 members to 2 Commissions and 1 Board for certain terms. - (Resolution No. 1936) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr., Thomas Jr. NEW BUSINESS Richard Hahn, 504 W. Ocean View Avenue, spoke regarding investments in the Ocean View area. Susan Matousek, 8214 Andrew Lane, spoke regarding concerns with government oversight and accountability. Alton Robinson, 516 E. Princess Anne Road, spoke regarding community concerns. ADJOURNMENT 7