SDCC’s Short Term Rental Overlay District Opposition Letter to City Council

Click here for a printable version of the SDCC letter – SDCC STR Opposition Letter

Additional opposition to STR Overlay District in Cape Story by the Sea:

Cape Story by the Sea Civic Association – CSBTS_BACLetter_STR_11192020signed

Bayfront Advisory Commission – BAC STR Overlay Opposition Email


SDCC Opposes STR Overlay District in Cape Story by the Sea and Anywhere Along Shore Drive Corridor

December 31, 2020

Dear Mayor Dyer and City Council Members,

The Shore Drive Community Coalition (SDCC), a 20 year old organization made up of local civic groups representing residents in the Bayfront area of Virginia Beach, formally requests that the Short Term Rental (STR) Overlay District, randomly created by Vice Mayor Wood, for the Cape Story by the Sea neighborhood (East Shore Drive) be removed immediately from the proposed STR ordinance change.

Similar to the official opposition positions taken by the Cape Story by the Sea Civic Association and the Bayfront Advisory Commission, the SDCC voted unanimously at its November 23rd meeting to “Oppose the creation of a STR Overlay District in the Cape Story by the Sea (East Shore Drive) neighborhood as well as any future STR Overlay Districts in the Shore Drive Corridor.”

The Shore Drive Corridor Plan states, “The Shore Drive area is first and foremost a residential community, comprised primarily of residential neighborhoods…It is envisioned that this predominance as a residential community should continue to form the backbone of land use for the area.”

The Shore Drive Corridor, the most densely populated section of the City, consists of small lots sizes of 5000 and 7500 square feet narrow streets that don’t allow for on-street parking.  These conditions result in area that is not appropriate for the uncontrolled proliferation of “by right” STR business zoning that will be created by the overlay district that is being proposed.

If you have any questions, I can be reached at 667-8533 Cell or todd@sdcc.info

 

Sincerely,

Todd R. Solomon

Shore Drive Community Coalition, President

 

Short Term Rental Virtual Workshop – Thursday Jan. 7, 2021 at 6:00pm

The City’s Planning Department will be holding a virtual workshop regarding the newly proposed ordinance to create Short Term Rental Overlay districts that will allow “by right” operation of STRs for all homes located in an overlay.  Shore Drive East (Cape Story by the Sea Neighborhood) is one of the proposed overlays.  For more information and to register for the workshop, see links below.  SDCC has also asked for an additional workshop to be scheduled since the mailer identifying the December workshop didn’t arrive in time to support that event.

City website for information on Short Term Rentals – https://www.vbgov.com/government/departments/planning/Pages/Short-Term-Rentals.aspx

 

STR VIRTUAL WORKSHOP

THURSDAY JANUARY 7, 2021
6PM-7PM

The next scheduled Short Term Rental Virtual Workshop is January 7th, 2021.

TO REGISTER: CLICK HERE

PRESENTATION FROM CITY STAFF — PUBLIC WILL BE ALLOWED TO PROVIDE QUESTIONS AND COMMENTS

 

SDCC General Meeting and Special Presentation on Neighborhood Crime Improvement – Mon Nov. 23rd at 7:30pm

Click here for a printable version of the agenda 11.23.20 SDCC Agenda

 

SDCC General Meeting Agenda

Monday November 23, 2020 from 7:30 to 9:00pm

Ocean Park Volunteer Rescue Squad Hall – 3769 East Stratford Rd

(parking in back, on side streets and across Shore Drive)

 

 

Special Presentation – 

Neighborhood Crime and Improvement Survey – Officer M.R. Torrance, Virginia Beach Police Department Third Precinct will update us on neighborhood crime issues and discuss a Neighborhood Improvement Survey his precinct is currently running.  He would also like to hear any additional concerns the residents may have and discuss ways to help.

 

Officer’s Reports

Secretary – Kathleen Damon; Treasurer’s Report –Tim Solanic; Vice President – Empsy Munden; President – Todd Solomon

 

Old Business-
Proposed Developments –

  • Westminster-Canterbury (WC) High Rise and Memory Center Expansion – City Council and the City were officially served on Nov. 13th. They have 21 days to reply from that date.  The Go Fund Me campaign has raised $22k of the $30k goal.
  • Marina Shores Apartment Expansion – A 60 unit 5 story (65ft tall) building is being proposed along North Great Neck Rd. where the apartment’s tennis courts are currently located. This project is being presented to the Bayfront Advisory Commission on Nov. 19th.  Updates will be provided.
  • Marlin Bay Apartment Complex – 227 units 4 story buildings are being proposed at the intersection of Marlin Bay Drive and Shore Drive. This project is being presented to the Bayfront Advisory Commission on Nov. 19th. Updates will be provided.
  • Windsong Development – 411 units off of Pleasure House Road in Chic’s Beach. This project is scheduled to go before Planning Commission in December.  This project is being presented to the Bayfront Advisory Commission on Nov. 19th.  Updates will be provided.

Short Term Rental Overlay Districts Proposed Cape Story by the Sea – Councilman Jim Wood asked for an ordinance change to create a STR overlay district in Cape Story which will allow “By Right” use of residents for STRs as long as they meet the guidelines in the code.  Cape Story by the Sea Civic Association voted on Nov. 9th to oppose any STR overlay district in its neighborhood.  The BAC will vote at their Nov. 19th meeting on a STR position for the Bayfont.  SDCC will be discussing and voting on a position statement for STR Overlays in the Bayfront.

 

New Business

City Council Policy for Public Outreach and Engagement – City Council is proposing a new policy for civic engagement for development applications.  Council voted to indefinitely defer the approval of this policy to allow time for adequate public engagement to be held and gather citizens input.  It was suggested the Bayfront/Shore Drive be a focus area for input.  Oh the irony…

  

Next SDCC Meeting – No meeting in December.  Happy Holidays

SDCC Monday Oct. 26th Membership Meeting Agenda 7:30pm at OPVRS Hall

Click here for a printable version of the agenda – 10.26.20 SDCC Agenda

 

SDCC General Meeting Agenda

Monday October 26, 2020 from 7:30 to 9:00pm

Ocean Park Volunteer Rescue Squad Hall – 3769 East Stratford Rd

(parking in back, on side streets and across Shore Drive)

 

 Special Presentation – None

Officer’s Reports

Secretary – Kathleen Damon; Treasurer’s Report –Tim Solanic; Vice President – Empsy Munden;President – Todd Solomon

Old Business-
Proposed Developments –

  • Westminster-Canterbury (WC) High Rise and Memory Center Expansion – City Council approved the expansion on Sept 22. Ocean Shore Condos filed a lawsuit vs City Council on October 20.  A Go Fund Me campaign has been created to help pay for legal fees.  To date, $15k has been raised of the $30k goal.  SDCC requested City Council to reconsider their approval, but no reply was received from them.
  • Marina Shores Apartment Expansion – A 60 unit 5 story (65ft tall) building is being proposed along North Great Neck Rd. where the apartment’s tennis courts are currently located. This application is scheduled to go before the Planning Commission in November.  The Bayfront Advisory Commission did not support the request to remove the existing condition that limits density to 24 units/acre.
  • Marlin Bay Apartment Complex – 227 units 4 story buildings are being proposed at the intersection of Marlin Bay Drive and Shore Drive. The developer cancelled a presentation at the Oct. Bayfront Advisory Commission meeting.
  • Windsong Development – 411 units off of Pleasure House Road in Chic’s Beach. This project is scheduled to go before Planning Commission in December.

 New Business

Short Term Rental Overlay Districts Proposed for Ocean Park and Cape Story by the Sea – Councilman Louis Jones and Councilman Jim Wood asked for an ordinance change to create STR overlay districts in Ocean Park and Cape Story which will allow “By Right” use of residents for STRs as long as they meet the guidelines in the code.  At the City Council Oct 20 meeting, Ocean Park residents showed up in opposition and Councilman Jones removed the Ocean Park overlay from the ordinance.  Councilman Wood has left the Cape Story overlay in place as a challenge to the residents to oppose if they want his overlay removed.  If not, then 50% of Cape Story will be “By Right” STR.  The BAC will vote at their Nov. meeting on a position for the Bayfont on STR.  It is recommended that SDCC vote on a position statement for STR Overlays in the Bayfront and it’s proposed that all overlays be prohibited from the Bayfront.

November SDCC Meeting – Officers from the 3rd Precinct has asked to come to a November meeting to discuss a community policing plan for Ocean Park and other neighborhoods that are experiencing vandalism and break-ins.  They plan to do a survey of neighborhoods to gather input on issues.  SDCC is working with them to create and promote an online survey.

Bayfront Advisory Commission (BAC) Meeting Agenda for Thurs. Oct. 15th at 3:30pm. Councilman Jim Wood has been asked to speak on his Short Term Rental Overlay Ordinance

Bayfront Advisory Commission (BAC) Meeting

Thurs. Oct. 15th at 3:30pm at Ocean Park Volunteer Rescue Squad

Councilman Jim Wood has been asked to speak on his

Short Term Rental (STR) Overlay Ordinance

Residents of Cape Story by the Sea and Ocean Park (locations of proposed overlay districts) may want to attend since this may be the only public discussion opportunity other than upcoming Planning Commission and City Council public hearings.
***UPDATE – Both Councilmen Wood and Jones have confirmed their attendance per BAC Chair email***
From: Phil Davenport, BAC Chair
Sent: Thursday, October 15, 2020 8:43 AM
Subject: RE: Tomorrow’s BAC meeting
Both CC members, Jones and Wood, are planning to attend today’s BAC meeting. 
Also, because at least one of them needs to leave by 4:30, I will likely move the SRT issue to the first item.
Thank you.

 

Click here for a printable version of the agendaBAC Agenda 10.15.20

SDCC asks City Council to Reconsider Vote on Westminster Canterbury High Rise High Density Development

Official email sent to City Council asking for reconsideration of vote to approve Westminster Canterbury high rise high density expansion.  Click here for printable version Request to CC to Reconsider WC Vote

Supporting documents:

Failure to provide HUD affordable housing;

1998 acknowledgement of 165ft senior housing height limit

=========================================================================

Dear Mayor Dyer and Council Members Berlucchi, Wooten, Tower and Henley,

The Shore Drive Community Coalition (SDCC), as voted at our September 28, 2020 meeting, formally requests City Council at your October 6th meeting to reconsider the approval vote of the Westminster Canterbury (WC) application heard on September 22, 2020.

It is our understanding that Council has a 2 week period to reconsider votes made at formal Council hearings.  There are a multitude of reasons the vote for the WC application should be reconsidered, several of them are listed below.  It is our hope that at least two of you will agree to reconsider your erroneous decision.

Reasons why Council needs to reconsider the WC application vote of September 22nd:

  • Council Member Abbott should be allowed to vote. Abbott was unable to attend the vote due to a family emergency, but with only 8 members able to vote as a result of conflict of interests, allowing all qualified voting members a chance to participate is a necessity.  Decisions like the WC application that are based solely on Council’s opinions need to have all voting members participate.
  • Council Members Berlucchi and Wooten should explain their reasons for support. Since the approval of the WC expansion was based solely on Council opinion, all the members provided explanation for their votes except Council members Berlucchi and Wooten.  A decision that changes the future of the Bayfont demands that they explain why they ignored the community’s concerns and voted in favor of the project.
  • WC’s claim that a density of +255% over code is needed to eliminate the approaching silver tsunami is irrelevant. This high density development will not provide enough housing for all the seniors that will be part of the tsunami, nor is it this project’s responsibility to do so.  A larger City approach should be taken.  One that requires all development to stay within the codes, plans and guidelines.  In fact there are over 1000 new units being built or planned within a 5 mile radius of WC.  New Millineium Senior Living – 250 units; Burton Station Senior Housing – 40 units; Overture Senior Apts – 150 apts; The Pearl – 260 apts; Marlin Bay – 230 apts; Marina Shores expansion – 60 apts;  Reducing the number of units for the WC expansion to be equal to the current campus density won’t adversely impact the senior housing market.  If the supply is there, the developers will come.
  • There are zero affordable housing units in this expansion. The Senior Housing Design Guideline allows density increases above code only for HUD defined affordable senior housing.  This type of allowance is common practice and shows up in California State laws as +20% for senior housing and even Alexandria Virginia as a +30% increase.  The City’s Senior Housing Advisory Committee identified the lack of affordable HUD housing in this project and requested WC to supply documentation as to how they are meeting this requirement.  None has been produced.  Allowing increased density because a business plan needs it to maximize profit is not allowed.
  • Maximizing tax collection is not a valid application review parameter. There is no requirement in the City codes, plans or guidelines that says tax revenue is more important than maintaining the character of a neighborhood.  A smaller scale project allows the characteristics of the area to be maintained and also allow an increase in taxes over what is being collected now.
  • Ignoring City codes, plans and guidelines will set precedent for future development in the Bayfront area. For the past 20 years, it has been the general opinion of the community that the development along Shore Drive has been too boxy and dense, but the residents have understood the overlay requirements and made sure projects didn’t violate them.  The WC project you approved ignores the height restriction of 165ft that was adhered to for the 2nd WC building.  The density of the 22 story tower site is 255% over the 24/units per acre code.  The Senior Housing Guidelines require the site to be a minimum of 3 acres, yet it is only 2.56.  The guidelines also require the project to have a mass and scale that doesn’t adversely impact the surrounding community’s character.  Approving a project that ignores all of these requirements will provide the legal precedent for all future developers to ignore codes and ask for approval based on conditional use similar to this one.

The City’s lack of civic engagement for a project of this magnitude and impact is appalling.  The Bayfront residents pride themselves on civil discourse and the ability to work with the City to find compromising solutions.  The fact that we were never given the chance to discuss our concerns is not acceptable.  All of you ran election campaigns that championed improved civic engagement for the citizens.  We demand that you take the opportunity at your October 6th meeting and reconsider your vote of September 22nd.  Denying the proposed WC development will allow the necessary City facilitated civic dialogue to take place needed to make an informed decision of this importance.  A smaller less dense development would be an acceptable compromise that will keep future development of the Bayfront in accordance with codes, plans and guidelines and also allow WC residents to enjoy their new amenities and City Council to enjoy an increase in tax revenue. Keeping the approval of the high rise high density project will lead to a Bayfront that resembles Town Center and result in the loss of our neighborhood character which is the main reason we all love this area.

 

Sincerely,

Todd Solomon

Shore Drive Community Coalition President

 

 

Oct. 6th City Council Hearing – City Marina Lease of 24 Parking Spots to Chick’s

PUBLIC HEARING
USE OF CITY PROPERTY

The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on October 6, 2020 at 6:00 p.m. in the Council Chamber of City Hall (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public comment on the use of the following City-owned property:

24 Parking Spaces at the Lynnhaven Municipal Marina located at 3211 Lynnhaven Drive (GPIN: 1489-98-2246) to Chicks Marina Properties, LLC (a/k/a Chick’s Oyster Bar)
If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk’s Office at 385-4303; Hearing impaired call 711.

Any questions concerning this matter should be directed to the City’s Department of Parks & Recreation, 2154 Landstown Road, Virginia Beach, VA 23456 (757) 385-1100.
_______________________________
Amanda Barnes, MMC
City Clerk
Beacon: September 27, 2020

 

 

September 22nd Update – Per the notice above, a new Public Hearing for the potential lease of parking spaces at Lynnhaven Municipal Marina has been scheduled for Tuesday, October 6th, at 6:00 pm.  The Terms of the potential lease have changed slightly – the parking lease consideration remains at 24 parking spaces at the north end of the Marina, however per the image above, the 11 parking spaces located closest to the slips could not be utilized by Chick’s until after 4:00 pm daily.  Other potential Lease Terms remain the same – additional info in previous emails below.

 Please let me know if anyone has additional questions.

Thanks,

Rick Rowe

Park Events, Programs, and

Special Use Facilities Coordinator

 

SUMMARY OF TERMS

CITY: City of Virginia Beach (the “City”)
USER: Chick’s Marina Properties, L.L.C. (a/k/a Chick’s Oyster Bar)
PROPERTY: 24 Parking Spaces Located at the Lynnhaven Municipal Marina (in the locations as shown on Exhibit A)
TERM: April 1, 2021 through September 30, 2021, with the option to renew for (4) additional six-month terms
The Use Agreement will only be effective for the months of April through September of each year, with the User having the option to expand the use on a month-to-month basis, on written request and mutual consent.
USE FEE: $50.00 per space, per month
RIGHTS AND RESPONSIBILITIES OF USER:
• Parking spaces to be used for vehicle parking for User’s employees (only)
and for no other purpose
• Use of the spaces to be non-exclusive and subject to availability
• 13 spaces may be used anytime through the day and 11 spaces may be used daily after 4:00 p.m. only.
• Provide a certificate of insurance, naming the City as additional insured, with combined single limit coverage in the amount of $1,000,000.
• Indemnify and hold the City harmless from of all claims related to the Property.
• Comply with all federal, state and local statutes, ordinances and regulations.
• Keep the Property free of all trash and debris.
RIGHTS AND RESPONSIBILITIES OF THE CITY:
• City will be responsible for normal and routine maintenance of the paved area of the Property.
TERMINATION:
• City may terminate upon giving seven (7) days’ written notice to User in the event of default of the terms of the agreement or if the property is needed for any public purpose.
• User may terminate for any reason upon giving seven (7) days’ written notice to the City

 

 

Here is an additional letter that was sent to all the boat slip owners.

Dear Marina Slipholder,

As a current Slipholder at Lynnhaven Municipal Marina, I wanted to make you aware of a consideration to potentially lease Chick’s Oyster Bar 24 car parking spaces at the north end of the Marina.  After we recently completed the replacement of the collapsed bulkhead area behind the west mooring area at the Marina, Chick’s formally requested to lease parking spaces for their employees on an annual basis.  If approved, the City would be paid a monthly fee per space for the 24 parking spaces as part of the lease.  Additionally, the use and lease would be subject to terms and conditions, and would be renewed on an annual basis for a period not to exceed five total years, should all terms and conditions continue to be met.

Attached for your information is the Exhibit Area at the north end of the Marina where the leased parking spaces are located, along with the Notice of Public Hearing scheduled for July 14th.  The tentative plan would be for City Council to vote on the parking space lease on July 21st and if approved, execute the lease with Chick’s in August 2020.

We are also notifying the adjacent Condo and Civic Associations.  Please let me or Mike Parkman know if you have any questions.

Thanks, Rick Rowe

Parks Coordinator, City of Virginia Beach

Sent of Rick’s behalf

Mary Overstreet

Park Events, Programs, and Special Use

Virginia Beach Parks and Recreation

 

Park Events, Programs, and Special Use | 2154 Landstown Road | Virginia Beach, Virginia 23456

Phone 757-385-8235 | Fax 757-416-6747 | moverstr@vbgov.com | VBgov.com/parks