Category Archives: City Government

Short Term Rental Ordinance Change – Planning Commission Public Hearing – Wed. Feb. 10th at Noon

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The Short Term Rental (STR) ordinance proposed by City Council will be heard by the Planning Commission at their Wed. Feb. 10th Noon meeting.  Due to COVID restrictions, the meeting will be virtual only.  Anyone wishing to participate needs to sign up to speak by 5pm on Tuesday Feb. 9th.  You can sign up by clicking the following link https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e0aca5338abc082119d4666dda389d9a1

You can read the full meeting agenda here https://www.vbgov.com/government/departments/planning/boards-commissions-committees/Documents/PC/2021/02%20February/20210210-PLN-CUR-Agenda.pdf

The City Council proposed ordinance recommends a “by right” overlay district for East Shore Drive that covers 60% of the Cape Story by the Sea neighborhood.  “By right” means if approved, all 450 homes in this overlay can apply to run STRs through the City permitting process.  More information about the ordinance can be found here https://www.vbgov.com/government/departments/planning/Pages/Short-Term-Rentals.aspx

The Shore Drive Community Coalition opposes the current ordinance change that would allow all homes to be used as short term rentals.  Unlimited creation of STRs will lead to demise of the neighborhood character that is so special along Shore Drive.

The Cape Story by the Sea Civic Association, the Bayfront Advisory Commission and the SDCC have all voted to oppose “by right” overlays for any Shore Drive neighborhood.  Vice Mayor Jim Wood has stated he will request the removal of East Shore Drive as an overlay when the ordinance comes back to City Council from Planning Commission review.  

SDCC has sent the following letter to the Planning Commission asking for the East Shore Drive overlay to be removed.  The letter is copied below with the email from Vice Mayor Jim Wood as an attachment

January 27, 2021

Subject:. Request to Remove “East Shore Drive” as an overlay district from proposed STR Ordinance Amendment

Dear Planning Commission Members,

On behalf of the Shore Drive Community Coalition, I formally request that you recommend the removal of the East Shore Drive (ESD) “Cape Story by the Sea” Overlay District from the proposed Short Term Rental (STR) Ordinance amendment sent to you by City Council on October 21, 2020.

East Shore Drive, like any neighborhood in the Shore Drive Corridor, is not compatible for the large volume “by right” proliferation of weekly rentals that this recommendation would create.  There are many specific reasons why this overlay district is a bad idea, but I am just going to list a few of the most overarching ones.

  • Vice Mayor Jim Wood, the creator of this proposed overlay, has stated he will ask for this overlay to be removed from the amendment.  Mr. Wood’s email has been attached for information.
  • The West Shore Drive overlay, originally proposed by Councilman Louis Jones, was removed prior to the amendment being finalized and sent to the Planning Commission.  All of the same reasons the West Shore Drive overlay was eliminated are the same reasons the East Shore Drive overlay is unacceptable.
  • The Cape Story by the Sea Civic Association voted unanimously to oppose the ESD overlay.
  • The Bayfront Advisory Commission (BAC) voted unanimously to oppose the ESD overlay and any STR overlay in the Shore Drive Corridor.
  • The Shore Drive Community Coalition (SDCC) voted unanimously to oppose the ESD overlay and any STR overlay 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.”

Thank you for your consideration of this request and I hope you see the wisdom in making the recommendation to remove the ESD overlay from the STR Ordinance Amendment.

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

 

Attachment to SDCC Letter to Planning Commission dated January 27, 2021

From: James L. Wood [mailto:JLWood@vbgov.com]
Sent: Tuesday, January 5, 2021 4:11 PM
To: emunden@aol.com; Todd Solomon <todd@sdcc.info>
Subject: Eastern shore drive overlay

I’m going to request that this area be removed from the overlay proposal.

 

Jim Wood, Vice Mayor

Virginia Beach City Council

757-366-1011 mobile & text

Sent from my mobile account

 

BAC virtual meeting today

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Agenda info:
VIRGINIA BEACH

 

BAYFRONT ADVISORY COMMISSION

4525 MAIN STREET, SUITE 710

VIRGINIA BEACH, VIRGINIA 23462

PHONE (757) 385-2908

FAX (757) 385-5667

BAYFRONT ADVISORY COMMISSION

          January 21, 2021, 3:30 p.m

                                                     VIRTUAL MEETING

See Webex link below agenda to participate

 Join from the meeting link

https://vbgov.webex.com/vbgov/j.php?MTID=m6c01e33bf5b4c61ead1e26bb69cd735c   

         

Join by meeting number   

Meeting number (access code): 180 307 2808  

Meeting password:      SGA1

 

APPROVAL OF MINUTES

Review and Approval of Minutes from 11/19/2020

 

CHAIRMAN’S REPORT

Welcome Guests and Introductions – Phil Davenport, Chair

 

STAFF REPORTS & UPDATES

 

COMMITTEE REPORTS & UPDATES

Design – Bob Magoon, Faith Christie, Joe Bovee(volunteer)

Communications – Vacant

Public Safety, Transit, Parking & Pedestrian Access – Charles Malbon

 

PROJECT BRIEFINGS/DISCUSSION ITEMS

 

1) 4769 Shore Dr., Presmont Construction Services, LLC(7/Eleven)

OLD BUSINESS

 

NEW BUSINESS

COMMUNITY REPORTS & UPDATES

 

ADJOURN

 

“The City is seeking your input regarding the proposed Short Term Overlay District Ordinances currently being considered for adoption. The results will be shared with the Planning Commission prior to their January 13th meeting as well as the City Council.”

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The survey will be open through January 11, 2021.

City of VB Short Term Rental (STR) Survey

Planning Commission sets another negative precedent expanding use of A-24 & A-36 Zoning in Shore Drive Community

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Windsong Expansion Planning Commission December 9 2020(24 page PDF)Download

Marina Shores expansion presentation to BAC info

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Changes to original presentation posted at SDCC.info here.

Previous 60 unit expansion, now 49 unit that requires a Conditional Use Permit as they’re proffered at maximum units allowed right now.

New traffic light at North Great Neck and Lynnhaven Drive still turned down by CoVB even after more lobbying for it in spite of added minimum dozens of trips per day through that intersection from new condo & apartment development.

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

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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

BAYFRONT ADVISORY COMMISSION PLEASE NOTE THE CHANGE IN MEETING LOCATION Virginia Beach Convention Center, Suite 5 1000 19th Street November 19

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Agenda:

REGULAR SESSION CALL TO ORDER – 3:30 pm APPROVAL OF MINUTES

Review and Approval of Minutes from 10/15/2020

CHAIRMAN’S REPORT

Welcome Guests and Introductions – Phil Davenport, Chair

STAFF REPORTS & UPDATES

COMMITTEE REPORTS & UPDATES

Design – Bob Magoon, Faith Christie, Joe Bovee (volunteer) Communications – Vacant

Public Safety, Transit, Parking & Pedestrian Access – Charles Malbon

PROJECT BRIEFINGS/DISCUSSION ITEMS

1) E and R incorporated, 4600 Lookout Road, (HK on the Bay)

2) Presmont Construction Services, LLC, 4769 Shore Dr. (7-Eleven)

3) MS Virginia Beach, LLC, 2257 Willow Oaks Rd (Marina Shores Apartments.

4) MP Shore, LLC, 3829 & 3785 Shore Drive (Marlin Bay Apts.)

5) Short Term Rental Ordinance and Cape Henry District

OLD BUSINESS

NEW BUSINESS

COMMUNITY REPORTS & UPDATES ADJOURN

Thanks to Mark for the info!

CIty Council votes to defer CIvic Engagement policy indefinitely. Will discuss milestone timeline at Nov 24 City Council Workshop.

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View proposed Civic Engagement Resolution in PDF.

Civic Engagement discussion starts at about 1 hour 45 minutes.

Civic Engagement public testimony & vote starts at about 36 minutes.

“At the last general membership meeting, the OPCL voted to match Ocean Park residents’ contributions to the Stop Westminster Canterbury legal fund.”

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View info at OPCL.org

If you would like to make a matched contribution, use the link below and forward your email confirmation to the OPCL Treasurer or board member by Jan 31.

OPCL is matching up to $1,000.

Learn more about The Lawsuit & GoFundMe info here.

$19,505 has been raised so far.

“ The council doesn’t have enough votes for this action as three of 11 council members have declared conflicts of interest and can’t vote on issues related to Westminster-Canterbury.”

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Local coverage of THE LAWSUIT against WCCB & City of Virginia Beach continues at Virginian-Pilot:

“If this decision is allowed to stand, it could set a precedent for City Council to ignore zoning regulations in any neighborhood in any part of the city,”

13NewsNow continues local press coverage of the Shore Drive community coming together to stop the precedent setting subjective approval that clearly violates the City’s Zoning Ordinance & other development guidelines of Virginia Beach.

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View story including video at 13NewsNow.com:

“hold city council accountable for what the codes, and rules and guidelines are”

Visit GoFundMe to learn more now.

VOTE!

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

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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.

“There were many more people who were interested in participating in the action but as a practical matter, the number of clients needs to be manageable and these 4 Petitioners are very representative of those adversely effected [sic] by Westminster Canterbury’s approved expansion,” Lauer wrote.

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First coverage at 13NewsNow.com:

In the last six days, a GoFundMe launched to raise money for the petitioners has raised more than $13,000.

Visit GoFundMe FUNDRAISING page.

Multiple Shore Drive Condominium Associations has organized a GoFundMe FUNDRAISER & LAWSUIT vs City of Virginia Beach & WCCB to stop precedent setting high rise in Shore Drive community subjectively approved by 5 City Council members

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Westminster Canterbury Expansion-Stop City Council GoFundMe FUNDRAISER link:

Virginia Beach City Council has approved plans to allow a 22 story building expansion of Westminster Canterbury. This will create  a structure rivaling Town Center and potentially supporting other high rise development in the Bayfront neighborhoods along Shore Drive.  This precedent setting decision was based solely on the opinions of 5 Council Members and not based on quantifiable City codes or requirements. 

VIEW LAWSUIT v. VIRGINIA BEACH CITY COUNCIL, CITY of VIRGINIA BEACH, WESTMINSTER-CANTERBURY on Chesapeake Bay ( 29 page PDF )

Over $11,000 has been raised in just a couple days.

Join us & many others who don’t want to see the Shore Drive community & potentially other areas of Virginia Beach have an explosion of density & high rises due to this arbitrary decision made by 5 people.

Westminster Canterbury Expansion-Stop City Council GoFundMe FUNDRAISER link:

Virginia Beach City Council has approved plans to allow a 22 story building expansion of Westminster Canterbury. This will create  a structure rivaling Town Center and potentially supporting other high rise development in the Bayfront neighborhoods along Shore Drive.  This precedent setting decision was based solely on the opinions of 5 Council Members and not based on quantifiable City codes or requirements. 

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

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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 agenda – BAC Agenda 10.15.20

“This request was approved by the City Council on August 12. On September 9, the City Council, as provided for by Section 107(f) of the City Zoning Ordinance, voted to reconsider the approval of August 12. The City Council established the date of October 28 for that reconsideration to occur.”

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In 2003, a thoughtful City Council, after learning more about how Bayvista’s(FORT WORTH DEVELOPMENT INC) original Approval would negatively affect the Shore Drive community because of it’s “mass, density” & “precedent setting” nature – worked on RECONSIDERATION.

City Council August 12 ’03 Approval


View August 12th ’03 City Council Minutes Bayvista Approval
Note: Original Approval was won by 1 vote.

Mayor Obendorf brings up RECONSIDERATION August 26th 2003


City Council August 26 ’03 Reconsideration first discussion PDF

City Council November ’03 Agenda RECONSIDERATION discussion

View November ’03 City Council Agenda for RECONSIDERATION discussion

View November ’03 City Council Minutes of Bayvista Formal Session

“I ask that the council to reconsider the tower vote with at least eight voting members present. Three council members — representing Bayside, Lynnhaven and At-Large — have conflicts of interest, and an additional council member was not able to vote on Sept 22.”

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From Pilotonline.com:

I’ve been a resident and single-family homeowner in Cape Story since 1977, where Seagate was the big 13-story condo and Westminster-Canterbury was a big brick building for elderly people to live. The Virginia Beach City Council 5-2 vote approving the 22-story Westminster-Canterbury tower was disappointing: Eight-to-11-stories high seems more appropriate, not 22.

Concern continues about the population explosion on Shore Drive as the Planning Commission continues to approve senior living projects and the council is the last approval needed to go forward.

I ask that the council to reconsider the tower vote with at least eight voting members present. Three council members — representing Bayside, Lynnhaven and At-Large — have conflicts of interest, and an additional council member was not able to vote on Sept 22.

This council can decide if Virginia Beach is to continue to support the strong community engagement of single families or continued high profile growth.

Empsy Munden, Virginia Beach

“It’s appalling how the overwhelming amount of citizens opposed to this precedent-setting monstrosity were ignored. The entire process was appalling. Reconsideration!”

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From Pilotonline.com:

Virginia Beach’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 hardly given the chance to discuss our concerns is not acceptable. Many of you, if not all of you, ran election campaigns that championed improved civic engagement for the citizens. We demand that you take the opportunity at your meeting today and reconsider your vote of Sept. 22.

Denying the proposed Westminster-Canterbury On The Bay expansion will allow the necessary city-facilitated civic dialogue to take place to make an informed decision of this magnitude. 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. It would also allow Westminster-Canterbury 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 the Virginia Beach Town Center and result in the loss of our neighborhood.

It’s appalling how five people have currently chosen to ignore the rule of law they’re charged to enforce. It’s appalling how the overwhelming amount of citizens opposed to this precedent-setting monstrosity were ignored. The entire process was appalling. Reconsideration!

Tim Solanic, Virginia Beach

“Have we all been bought and sold?”

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From Pilotonline.com:

Have we all been bought and sold? The article on the vote for the out-of-scale 22-story retirement home expansion makes me ask this question.

To change our community and its future development on such a large scale with only a couple evening meetings is outrageous.

Through our City Council’s callous disregard of previously agreed zoning measures, we are opening up ourselves and our community to unchecked development of new high-rises along the beach, subsequently, destroying our culture and restricting our access to the very things that attracted us to the Lynnhaven way of life.

Where are the advantages of such a development to our community?

Councilman Guy Tower’s pathetic assessment of the proposed 250-foot glass tower is meaningless; his supporters must be cringing with embarrassment. Council members Louis Jones, Rosemary Wilson and Jim Wood could not vote due to conflicts of interest. With this being the district Wood represents, I am left unsettled.

I am sure that attorney Jeanne Lauer will find much more support within the community. After speaking to many of my neighbors and people in the community, it is quite evident that the council is not voting with the wishes of the people they represent.

John Samuel, Virginia Beach