Ocean Shore Condominium Association v. Virginia Beach City Council
Case # CL20006718-00
April 29 Thursday 2:15PM
Virginia Beach Circuit Court
WCCB Category at SDCC.info here.
LAWSUIT against VIRGINIA BEACH CITY COUNCIL APRIL 29 2021 re: WCCB
Ocean Park fingers crossed on track to get sand from CBBT in August 2022
BAC Presentation for sand starts ~ 15 minutes in. Screenshots of slide show below. All aerials taken at low tide. Pretty cover of Ocean Park taken after sand restoration in 2013. LBR&BF currently has about 50,000 cu yards. Maple Street 15,000 cu yards.
Commonwealth of Virginia Selects Dewberry to Assist in Developing Coastal Resilience Master Plan
Among its many achievements in the coastal adaptation and protection space, the Dewberry team has played a significant role in developing the Louisiana Coastal Protection and Restoration Master Plans, and was the lead consultant on the City of Virginia Beach’s recently completed Sea Level Wise planning project.
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
BAYFRONT ADVISORY COMMISSION
March 18, 2021
3:30 p.m.
VIRTUAL MEETING
Please contact Mark Shea at 385-2908 or meshea@vbgov.com for the virtual meeting link.
APPROVAL OF MINUTES
Review and Approval of Minutes from 2/18/2021
CHAIRMAN’S REPORT
Welcome Guests and Introductions – Bob Magoon, Vice-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
PRESENTATIONS
- 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
OLD BUSINESS
NEW BUSINESS
COMMUNITY REPORTS & UPDATES
ADJOURN
Virtual Meeting Information
More ways to join:
Join from the meeting link
https://vbgov.webex.com/vbgov/j.php?MTID=m4ec209057920320f4414ebcbe50949c8
Join by meeting number
Meeting number (access code): 160 087 4247
Meeting password: SGA1
Join by phone
+1-415-655-0003 US Toll
“This was an unregistered short-term rental that basically ruined these people’s weekend. Members of the Planning Commission and City Council need to realize this.”
SDCC Riterates Opposition to Short Term Rental (STR) Overlay District for East Shore Drive (Cape Story by the Sea)
In light of the recent shootout at a STR and the upcoming Planning Commission vote on the STR overlay district for East Shore Drive, the SDCC has sent the following email to the Planning Commission and City Council reiterating its opposition to any STR overlay in the Shore Drive Corridor.
Dear Planning Commission Members,
As we approach your Wednesday hearing on the proposed Short Term Rental ordinance change, I wanted to share this recent occurrence in Chic’s Beach in the Shore Drive area. Please take a moment to comprehend what you are proposing for the Cape Story by the Sea neighborhood and how similar occurrences can impact well established city neighborhoods. Your recommendations, similar to those of City Council, will effectively change our residential neighborhood into a tourist destination similar to the oceanfront.
The following statement and attached flyer were provided by 3rd precinct officers.
Additionally, I would like to let you know that the on going issues associated with Air BnBs Rentals was a topic of conversation at the most recent Chiefs meeting. Officers have been informed that they are to forward any Air BnB issues up the chain of command. This will help develop a stronger argument backed with statistics when the issue is addressed by the city.
Again, to date, no reply or data has been provided to our requests regarding the total # of homes, total possible STRs, and explanation as to why the Cape Story neighborhood is targeted as a STR overlay compared to any other neighborhood in VB. We have asked for information the past 2+ weeks to help with the upcoming hearing. Since no data or any type of civic engagement outreach has been attempted for this entire process, it is still the Shore Drive Community Coalition’s recommendation to oppose any overlay created in the Cape Story neighborhood, no matter how the boundary is manipulated.
Thank you for your review of this information and we hope that you recognize that this whole process is flawed and any recommended overlay along Shore Drive is unjustified and just wrong.
Sincerely,
Todd Solomon
Shore Drive Community Coalition President
Sunday Feb. 28th Shootout at Chic’s Beach Short Term Rental – Police Seek Information
Police Detectives are circulating the following flyer in hopes to find information regarding a recent shootout that took place early Sunday morning February 28th at 4504 Ocean View Ave. If you have any information, you are asked to contact Detective Pittman, epittman@vbgov.com
Click here to see the Police flyer Shootout Flyer
Summary: On 02/28/21, at approximately 0538 hours, an unknown type of sedan (possible Toyota Celica) occupied by at least two suspects pictured below appeared to stage outside of a party located at 4504 Oceanview Avenue, Virginia Beach, VA. That vehicle moved slowly westbound appearing to have shots come out the passenger side before driving away being shot at by at least two shooters in the front yard of 4504 Oceanview. The sedan stops at Fentress/Oceanview, driver gets out firing one shot at the direction of 4504 Oceanview; the passenger gets out firing multiple shots in the same direction. Another vehicle, Jeep SUV black in color, comes from the direction of the firing of gunfire to turn off into a parking lot at Fentress/Oceanview. The driver gets out of the black Jeep (pictured below, appears female) and switches to passenger side of vehicle. The Jeep then goes back to the direction of 4504 Oceanview Avenue. Please let Detective Pittman know of any information or identification related to this incident and/or pictures below.
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 (vbgov.com)
To sign up to speak virtually or in-person, click here Planning Commission :: VBgov.com – City of Virginia Beach
“Three miles of coastline — from the Chesapeake Bay Bridge-Tunnel to east of the Lesner Bridge — will be replenished, possibly starting in November.”
Hooray!
“Up to $9 million is available in Virginia Beach’s coastal programs capital improvement fund to pay for it, said Dan Adams, who manages the program.”
Bayfront Advisory Committee Virtual Meeting – Thursday Feb. 18th at 3:30pm
The BAC will hold it’s monthly meeting virtually on Thursday Feb. 18th at 3:30pm. Information on how to join the meeting is provided below.
Join from the meeting link
https://vbgov.webex.com/vbgov/j.php?MTID=m7b53584da1d043c27d365672bdc3cf22
Join by meeting number
Meeting number (access code): 180 823 4958
Meeting password: SGA1
Join by phone
+1-415-655-0003 US Toll
BAYFRONT ADVISORY COMMISSION
February 18, 2021
3:30 p.m.
VIRTUAL MEETING
Please contact Mark Shea at 385-2908 or meshea@vbgov.com for the virtual meeting link.
APPROVAL OF MINUTES
Review and Approval of Minutes from 1/21/2021
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
ELECTION OF CHAIR AND VICE-CHAIR FOR 2021
CONSIDERATION OF RULES AND PROCEDURES AMENDMENT
OLD BUSINESS
NEW BUSINESS
COMMUNITY REPORTS & UPDATES
ADJOURN
Planning Commission Virtual Workshop Tues Feb 23 at 6pm – Short Term Rentals
The Planning Commission will hold it’s 2nd virtual workshop on Tuesday Feb 23rd at 6pm to continue discussion on the topic of Short Term Rentals and City Council’s recommended ordinance change to create overlay districts which include East Shore Drive (Cape Story by the Sea) neighborhoods.
Residents will not be permitted to talk, but can watch all the action virtually by registering at the link below. You can submit questions prior to the meeting that the Planning Commission may read and discuss.
More information regarding City Staff, the Planning Commission and City Council’s work on this topic can found at the following link Planning Commission Workshop :: VBgov.com – City of Virginia Beach
PLANNING COMMISSION WORKSHOP
SHORT TERM RENTAL PROPOSED ORDINANCES
TUESDAY, FEBRUARY 23, 2021
6:00 pmWorkshop will be held by Electronic Means (WebEx)
Registration Information:
https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e6dc3567b617c4e2d2e2d8a98c74938a0
Members of the public may view the Workshop in real time as noted above. The public may submit comments to the Commission by sending an email to STR@vbgov.com no later than 5:00 p.m on February 22, 2021.
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 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 overlayI’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
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.”
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
Planning Commission sets another negative precedent expanding use of A-24 & A-36 Zoning in Shore Drive Community
“The curriculum is focused on hands-on experiments and solving real environmental problems, meant to put students in the world around them every single day, Freeman said.”
In new environmental studies program, Virginia Beach students get a hands-on experience at Pilotonline.com.
“This isn’t a school. This is not at a school setting,” Freeman said. “It’s sort of redefining what a classroom looks like.”
To say we’re excited about this unique learning experience that we’ve been working on making happen since 2003 would be a profound understatement!
The first time the idea was written up in The Virginian-Pilot.
5 WAYS TO GIVE TO OPVRS
Marina Shores expansion presentation to BAC info
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.
#WeLoveShoreDrive 