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Home My WebLink AboutFEBRUARY 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 Glitp.$FA A: U City of virinia Beach `ter` °F OUR N ct04. VBgov.com 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 O r _ y 9S GSA,F6: .` `? 9y��op 2 T 'S 0�V W t ii)2.W.col11 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 3 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