Ocean Shore Condominium Association v. Virginia Beach City Council

Case # CL20006718-00

April 29 Thursday 2:15PM

Virginia Beach Circuit Court

Previously: 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

WCCB Category at here.

Bayfront Advisory Commission Virtual Meeting – Thurs. March 18 at 3:30pm – Special Presentation on Bay Beach Sand Replenishment

Virtual meeting is on Webex.  Information and links to join are listed after the agenda at bottom of page



       March 18, 2021

         3:30 p.m.


Please contact Mark Shea at 385-2908 or for the virtual meeting link.



Review and Approval of Minutes from 2/18/2021


Welcome Guests and Introductions – Bob Magoon, Vice-Chair



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

Communications – Vacant

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


  • Modification of Conditional Use Permit for Overture development – identification signage.  Click here for images Overature Signage BAC Mtg
  • Shore Drive sand replenishment update – Dan Adams, Public Works






Virtual Meeting Information

Join meeting

More ways to join:

Join from the meeting link


Join by meeting number

Meeting number (access code): 160 087 4247

Meeting password: SGA1


Join by phone

+1-415-655-0003 US Toll

Global call-in numbers


Planning Commission Hearing on Short Term Rental Overlay District – Wed. March 10th at Noon.

The Planning Commission will be voting at their Wed. March 10th meeting to adopt a proposed ordinance change to Short Term Rentals.  The meeting will be held at Noon Wednesday in the VB Convention Center.  The Commission will recommend that Short Term Rentals(STR) be allowed in a Cape Story by the Sea overlay district that includes a section of the Cape Story neighborhood north of Shore Drive between First Landing State Park and the Food Lion shopping Center.  See the image below for the supported overlay district.

All STRs outside of overlay districts will be prohibited in the future if this ordinance is approved.  So that will make Cape Story’s overlay one of only 3 areas in the City that will continue to allow STRs for the future.  The Bayfront Advisory Commission, Shore Drive Community Coalition and Cape Story by the Sea Civic Association have all voted to oppose STR overlays.  So it appears that the Planning Commission and City Council are ignoring the residents and attempting to set up a process that will be detrimental to neighborhood communities.

Anyone opposed to the proposed STR overlay district in the Shore Drive neighborhood is asked to register to speak against the ordinance at the Wednesday meeting.  You can register to speak in person or virtually at the following link.  In-person set up will be limited and socially distanced, so virtual is probably the best option if you plan to speak.

More information regarding the proposed ordinance change and the Planning Commission and City Staff review can be found here Microsoft Word – 20210310PLN-CUR-02-Short Term Rental Ordinance (

To sign up to speak virtually or in-person, click here Planning Commission :: – City of Virginia Beach


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

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

You can read the full meeting agenda here

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

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 R. Solomon

Shore Drive Community Coalition, President


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

From: James L. Wood []
Sent: Tuesday, January 5, 2021 4:11 PM
To:; Todd Solomon <>
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


“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.”

The survey will be open through January 11, 2021.

City of VB Short Term Rental (STR) Survey

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

View info at

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.

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.