I. Lelia Vann, DNCL President, called the meeting to order at 6 pm. The recording of this meeting is available on YouTube: https://youtu.be/Ze0tvl5Fp1A

II. A motion to approve the minutes from last month’s meeting was made and seconded. The minutes were approved without change.

III. Financial/Membership Report—Yvette Baker, DNCL Treasurer, reported that as of October 31, 2022, the DNCL had a balance of $1,394.71, 116 individual members, and forty business members.

IV. Crime Report – Alan Driskell, CRO, Norfolk Police Dept. The monthly crime report indicates that car larcenies have increased dramatically. Officer Driskell noted that a “group of kids” is going around smashing car windows without really taking anything from the cars. To help combat this, the city is offering overtime to NPD to patrol the garages downtown that are being impacted the most. On a different note, there is no reported violent crime downtown in the past month. The increased police patrolling may be having a positive effect.

V. DNC – Mary Miller, President & CEO. Mary noted that the Grand Illumination Parade was a success with large crowds coming out on a beautiful night. Mary directed members to go to downtownnorfolk.org for a complete calendar of events. The NEON Holiday Market will take place on Dec. 10 from noon to 4 pm at the Plot. Additionally, there will be programming most every Saturday during the holidays at the Selden Market. Live music provided by strolling musicians will be available on Wednesday’s during lunchtime and on Thursday, Friday, and Saturday evenings throughout downtown.

A. DNC Ops Report – Audrey Fussell, DNC Ops Manager. Mary Miller presented the DNC Operations report in Audrey’s absence noting that homeless contacts/wakeups are down as compared to October 2021. However, it is not the number of homeless people or contacts that is of concern currently. It is an increase in aggressive behaviors of unhoused individuals in the downtown area that is of concern.

VI. Guest Speaker – Kevin Murphy, City Planning Commission Chair

A. Kevin introduced himself and provided a definition of the Planning Commission: “The Planning Commission is a 7-member body appointed by City Council responsible for the review of land use and zoning matters for the city. The Commission makes recommendations on various matters to City Council who are responsible for making the final determination. The Planning Commission is also responsible for development of the City’s general plan for land use and development in Norfolk.” Kevin noted that there are two main points from the definition:

B. The Commission makes recommendations. Their decision is not final except for items from the Architectural Review Board. The commission also deals with zoning and land use issues which are clearly defined by the City and those decisions are straightforward.

C. The Commission also deals with the Comprehensive Plan also known currently as the Norfolk 2030 Plan. In 2023, the Commission will begin work on the Norfolk2050 Plan and will be seeking input from Downtown residents as well as others throughout the City. The balance for the Commission is to know what is in the zoning code, the details and minutiae of the code, and to keep the Comprehensive Plan in mind while applying the zoning code. Regarding land use and zoning, there are far more decisions made than conditional use permits. By the time a Planning Commission item is presented at a public hearing, the Commission has seen a presentation three times and are well-versed in the details of the item. If a person wishes to have influence on the Commission’s recommendation, it is important to get involved in the process earlier than the public hearing by sending letters and/or reaching out to the members of the Planning Commission.

D. Kevin then addressed the questions submitted to him prior to the meeting:

E. Q1. How are members of Planning Commission selected and what is the criteria used in the process? A1. In general, the seven members of the Commission represent the seven wards in the city. Additionally, the commissioners all have some form of civic engagement prior to their appointment to Planning Commission. Kevin suggested that anyone wishing to become civically engaged go to the city’s website and research the dozens of boards and commissions that need volunteers.

F. Q2. Please explain the Planning Commission’s role in approval/disapproval of conditional use permits. A2. The zoning code delineates, neighborhood by neighborhood, what is allowed by right, what is not allowed by right, and what is allowed if a conditional use permit is approved. For example, a restaurant not selling alcohol may be opened on Military Highway because the zoning code allows such but if a drive-through window is going to be added, a conditional use permit must be approved because the zoning code does not explicitly allow for that.

G. Q3. How are comments made by DNCL, DNC, and public hearings used in the Commission’s deliberations? A3. Kevin’s process is to review the application on its own merits, weigh that against information from the public as well as staff recommendations and then consider the comments made at public hearings or by civic leagues to validate his decision or to make him question it.

H. Q4. What is the most effective way for residents to communicate their concerns or support to Planning Commission? A4. It is a combination of using organizations (churches, civic leagues, interest groups, etc.) to send in support or concerns and then to individually send letters or emails to the Commission followed by speaking at the Commission’s public hearings.

I. Q5. Can all civic leagues weigh in on CUP applications? A5. It is required by code that the applicant reach out to the civic league. If the civic league chooses not to have the applicant make a presentation at a meeting, then the applicant must have its own public meeting.

J. Q6. Does the Planning Commission have the power to attract new businesses to downtown and give incentives? A6. The Commission cannot provide incentives. However, by protecting downtown, scrutinizing applications, and not letting “bad actors” get through the Commission can have a role in attracting new businesses. Additionally, by creating a vision for downtown, as incorporated in the Comprehensive Plan, the Commission can reinforce that vision in all the applications that come before it. There is not a single project that made downtown successful but rather many projects over the long term that contributed to the current success.

K. Q7. Does the Commission have a way for citizens to weigh in on a project that may affect where they live? A7. Every application is an opportunity to weigh in and the Commission appreciates when people do.

L. Q8. Does Planning Commission have plans to create more public spaces or outdoor recreation? A8. The Commission does not have the authority to create those spaces, but they can plan for it by including those goals in the Comprehensive Plan. As such, if those spaces are important to residents, they should participate in the Norfolk2050 Plan process. The Nofolk2050 planning process will include four working groups: Live NFK, Connect NFK, Green NFK, Build NFK. Kevin recommends that DNCL get at least one person on each working group and to reach out to Chris Whitney to make a presentation at a future meeting to provide more information.

M. Q9. How much weight in the Commission’s final decision is given to the civic league’s recommendation? A9. It depends. Understanding that many people are resistant to change, Kevin must balance input he receives from the public with what is in the zoning code and what is in the comprehensive plan.

VII. City Planning Commission Projects/ARB – Lorraine Connaughton for Preston Carraway, DNCL VP.

A. CUP: Specialty Club Café, doing business as Birds and Bourbon Restaurant, located at 116 Granby Street presented by Tiffany Boyle, owner.

B. ARB: Expansion of Rutter Mills office located at 160 Brambleton Avenue presented by Robyn Thomas, architect.

C. Continuing overview of the Downtown CUP/Enforcement Status:

1. Culture Lounge and Restaurant. CUP was surrendered in early 2022. The zoning appeal was unanimously denied at a hearing on October 20.
2. Legacy Lounge. CUP was revoked Sept. 11 following a quadruple shooting in August. A court appeal of the revocation was heard in Norfolk Circuit Court although no ruling has yet been made. An appeal to the Virginia Supreme Court to remain open while under appeal was denied. Next court date is Dec. 30.
3. Scotty Quixx. Their Special Exception Permit (now known as a CUP) was revoked on Sept. 27. Suits were filed in Circuit Court on Oct. 24, 2022, seeking damages from the city. An injunction hearing is set for November 30, 2022.
4. California Burrito. Their CUP was revoked on Oct. 11 for multiple over-occupancy violations. The appeal filed in Circuit Court is set for trial on January 31, 2023.

VIII. Old/New Business

A. A motion was made and seconded to approve the 2023 DNCL slate of officers. The motion was approved.

B. The election of officers will take place at the DNCL December Holiday Party on Dec. 15, 2022.

IX. Announcements

A. DNCL November Social: none.

B. DNCL December Holiday Party will be at the Brick Anchor on December 15 starting at 5 pm.

C. DNCL Virtual January Meeting will be on January 16, 2023, at 6 pm.

D. DNCL January Social will be at Brothers, 200 E. Plume, TBD starting at 5 pm.

X. Adjourn – The meeting was adjourned at 6:52 pm.