FEBRUARY 11, 2020 SPECIAL SESSION MINUTES 0`J1
V
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 11, 2020
Mayor Robert M. Dyer called to order the SPECIAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Chamber, Tuesday, February 11, 2020, at 6:00 P.M
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, and Sabrina D. Wooten
Council Members Absent:
Vice Mayor James L. Wood - Out of the country on family vacation
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Robert M.'Bobby"Dyer MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VIRGINIA 23456-9000
(757)385-4581
February 6, 2020 CELL bdyer@vbgov.com
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority
vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL
FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
Tuesday, February 11, 2020
6:00 P.M.
City Council Chamber
Building 1, City Hall, 2nd Floor
2401 Courthouse Drive
The purpose of this SPECIAL FORMAL SESSION is for City Council to CONSIDER
the ORDINANCE deferred on February 4, 2020:
Ordinance to AMEND Section 111 and ADD Section 209.7 to the City
Zoning Ordinance (CZO) re student worker housing (Requested by
Council Member Tower)
RECOMMENDATION: APPROVAL
Sincerely,
7`14A-,‘2fre-c.1
Robert M. Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
2
ITEM III.A.1
MAYOR'S CALL FOR
SPECIAL SESSION
ITEM#70077
Mayor Dyer read the Mayor's Call for the SPECIAL SESSION:
February 6, 2020
"HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the
authority vested in me as Mayor of the City of Virginia Beach, I hereby call for
a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL to hold a
CITY COUNCIL DISCUSSION on a RESOLUTION IN SUPPORT OF
SECOND AMENDMENT RIGHTS:
Tuesday,February 11,2020
6:00 P.M.
City Council Chamber
Building 1, City Hall,2"d Floor
2401 Courthouse Drive
The purpose of this SPECIAL SESSION is for City Council to CONSIDER the
ORDINANCE deferred on February 4,2020:
Ordinance to AMEND Section 111 and ADD Section 209.7 to the City
Zoning Ordinance (CZO) re student worker housing (Deferred from
February 4, 2020)Requested by Council Member Tower
RECOMMENDATION:APPROVAL
Sincerely,
s/
Robert M. Dyer
Mayor"
cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
February 11, 2020
City of Virgi rii a each
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JAMES L.WOOD,VICE MAYOR MUNICIPAL CENTER
COUNCILMAN-DISTRICT 5-LYNNHAVEN CITY HALL,BUILDING 1
(757)366-1011 2401 COURTHOUSE DRIVE
FAX(757)340-2082 VIRGINIA BEACH,VA 23456
EMAIL:JLWOODi VBGOV.COM
February 4, 2020
The Honorable Robert "Bobby" Dyer, Mayor
Members of City Council
City of Virginia Beach
2401 Courthouse Drive
Virginia Beach, Virginia 23456
RE: February 11 and 18 Meetings
Dear Mayor Dyer and Members of Council:
I will be out of the country visiting my family, including my new grandson, and
will not be present for the meetings of February 11 and February 18.
My mobile phone should work and I will have access to email.
Sincerely,
Im W o , Vice Mayor
e er, Virginia Beach City Council - Lynnhaven District
cc: City Manager
City Attorney
City Clerk
3
ITEMHI.C.1
ORDINANCE
ITEM#70078
The following registered to speak:
James Luehman, 1049 Drake Trail Lane, Phone: 301-471-8761, requested additional requirements to be
added to the proposed Ordinance
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Russell Lyons, 106 Bay Drive, Phone: 297-6028, spoke in SUPPORT
Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council,
ADOPTED, AS AMENDED, Ordinance to AMEND Section 111 and ADD Section 209.7 to the City
Zoning Ordinance (CZO) re student worker housing (Deferred from February 4, 2020) Requested by
Council Member Tower
Voting 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, and Sabrina D. Wooten
Council Members Absent:
Vice Mayor James L. Wood
February 11, 2020
ALTERNATE VERSION REQUESTED BY COUNCILMEMBER TOWER
1 AN ORDINANCE TO AMEND SECTION 111
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO DEFINITIONS AND ADD
4 SECTION 209.7 PERTAINING TO STUDENT
5 WORKER HOUSING
6
7 Section Amended of the City Zoning
8 Ordinance: § 111
9 Section Added to the City Zoning Ordinance:
10 § 209.7
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Section 111 of the City Zoning Ordinance is hereby amended and Section
19 209.7 of the City Zoning Ordinance is hereby added and reordained to read as follows:
20
21 APPENDIX A - ZONING ORDINANCE
22 ARTICLE 1. - GENERAL PROVISIONS
23
24 Sec. 111. - Definitions.
25
26 . . . .
27
28 Family. A "family" is:
29
30 (a) An individual living alone in a dwelling unit; or
31
32 (b) Any of the following groups of persons, living together and sharing living areas
33 in a dwelling unit:
34
35 (1) Two (2) or more persons related by blood, marriage, adoption, or approved
36 foster care;
37 (2) A group of not more than four (4) persons (including on premise
38 employees) who need not be related by blood, marriage, adoption or
39 approved foster care;
40 (3) A group of not more than eight (8) persons with mental illness, intellectual
41 disability or developmental disabilities residing with one (1) or more resident
42 or nonresident staff persons in a facility whose licensing authority is the
43 Department of Behavioral Health and Developmental Services; provided,
44 that mental illness and developmental disability shall not include current
1
45 illegal use of or addiction to a controlled substance as defined in section
46 54.1-3401 of the Code of Virginia;
47 (4) A group of not more than eight (8) aged, infirm or disabled persons residing
48 with one (1) or more resident counselors or other staff persons in a
49 residential facility or assisted living facility for which the Virginia Department
50 of Social Services is the licensing authority; or
51 (5) A group of not more than two (2) adults, who need not be related by blood
52 or marriage, and the dependent children of each of the two (2) adults,
53 provided that the children are under nineteen (19) years of age or are
54 physically or developmentally disabled.
55 (6) A group of not more than eight (8) Exchange Visitor Program Participants as
56 defined by this ordinance living in accordance with the provisions of Article
57 2, Section 209.7 — Dwelling unit — Exchange Visitor Program Participant
58 Housing.
59
60 . . . .
61
62 Exchange Visitor Program Participant. A foreign national who has been selected
63 by a sponsor to participate in an exchange visitor program, and is seeking to enter or
64 has entered the United States temporarily on a non-immigrant J-1 visa and who meets
65 all requirements set forth for participation in the summer work travel program by the
66 United States Department of State.
67
68 . . . .
69
70 ARTICLE 2. - GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
71 ALL DISTRICTS
72
73 A. - REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET
74 PARKING, OFF-STREET LOADING, AND CERTAIN USES
75
76 Sec. 209.7 — Dwelling unit — Exchange Visitor Program Participant Housing
77
78 fa) Each dwelling unit providing housing to Exchange Visitor Program Participants
79 pursuant to the terms of this section shall be subject to annual review and
80 authorization by the zoning division of the Department of Planning and such
81 authorization shall be valid for a period of one year.
82
83 (b) No dwelling unit shall house more than eight (8) Exchange Visitor Program
84 Participants;
85
86 (c) Each dwelling unit shall only house Exchange Visitor Program Participants in
87 accordance with the room size, number and housing requirements of the
88 Virginia Uniform Statewide Building Code, Part 3, Maintenance; and
89
2
90 �d,) Each dwelling housing Exchange Visitor Program Participants shall provide to
91 the zoning division of the Department of Planning the following information:
92
93 (1) Name and contact information, including emergency phone number, of the
94 property owner; and
95 (2) A floor plan labeling bedrooms with dimensions and the maximum number
96 of Exchange Visitor Program Participants intended for occupancy in
97 compliance with the Virginia Uniform Statewide Building Code, Part 3,
98 Maintenance.
99
100
101 BE IT FURTHERE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
102 VIRGINIA BEACH, VIRGINIA:
103
104 That absent additional action by the City Council to the contrary, this ordinance
105 shall automatically sunset and expire on P-644•ey ,�7 Uzi, three years from the date
106 of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day
of February , 2020.
APPROVED AS TO LEGAL SUFFICIENCY:
7W
City Attorney's Office
CA14964
R-3a
February 11, 2020
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4
ADJOURNMENT
ITEM#70079
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 6:15 P.M.
f '
Terri
Chief Deputy City Clerk
Amanda arne MC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
February 11, 2020