March 2, 2011
Mr. James L. Wood
Councilman District 5- Lynnhaven
Virginia Beach City Council
City of Virginia Beach
Municipal Center, Building 1
2401 Courthouse Drive
Virginia Beach, VA 23456-9001

Dear Councilman Wood:

Shore Drive Community Coalition is requesting your direct assistance in finalizing the administrative action to designate as P-1, the 4.221 acre estuary directly east of the present Marina Shores Marina property as previously agreed to in 1987.  Due to an administrative error in that year, Virginia Beach City Council never applied P-1 zoning to this property as agreed to by the present business owner, Ms. Gail Levine-Higgs.  As was specifically agreed, that subject property:

“not be developed in any manner other than a for walkways, bird nests and bird feeders, and shall be preserved as a nature conservancy. The Grantors hereby concur and give their consent to any motion which may be made by the City of Virginia Beach to rezone Parcel 1 to P-1, Preservation District. By this restriction, it is the Grantors intent that the marchlands on Parcel 1 shall be protected and that the entire parcel shall remain in a natural state, free from development other than that stated herein….”

Any excavation of the land or development impacting the present estuary would clearly violate the original agreed to proffer. The residents of Cape Story By the Sea, and Cape Henry Shores consider the expansion of Marina Shores Marina eastward into the estuary as both a violation of the original legal agreement and a potential safety and environmental threat to their subdivisions. Any decrease to the current tidal flushing of the estuary would result in degradation of the ecosystem due to increased pollutant buildup from storm water drainage piped into the estuary. When a significant tidal event occurs as in November 2009, water flow out of the estuary would be impeded resulting in prolonged and potentially damaging residential flooding in the adjacent communities.

The members of Shore Drive Community Coalition seek your support and corrective administrative action to zone the subject 4.221 acre estuary property as P-1 as legally agreed to by all parties in 1987.

Most respectfully,

David M. Williams
President, Shore Drive Community Coalition