Marlin Bay Extension to PHP – Resident Question and City Answer

Resident question – Regarding the proposed Marlin Bay road access, will this allow for future option for the land trustees and or adjacent land owners the ability to develop the remaining number of lots available if Marlin Bay Road is extended? Can you inform us if the land trustees/owners will be donating the land over to CBF or VBgov or are their future intention to develop the remaining number of lots?

City answer – Another Ocean Park resident emailed Christy and I with similar questions over the weekend. The short answer is that the adjacent property owner to the north of the 118-acre Pleasure House Point site are not interested in donating their property. We have been told that the intention is to develop those lots.

Whether Marlin Bay Drive extended is built with the CBF project or not, the right-of-way already exists today and can be built. Since the right-of-way has already been dedicated, there have been preliminary discussions about the City working with all parties to consider a design that is as pervious as possible and as green as possible.

This is what I told the other resident who inquired over the weekend:

There are a few areas adjacent to the 118 acres that the Trust for Public Land was able to acquire (108 acres of which was conveyed the same day to the City and the other 10 acres is under lease/option to purchase with CBF), that are undeveloped and have underlying zoning that allows for future development. As you noted, those areas are in yellow adjacent to the subject 118 acres as shown here: http://www.vbgov.com/government/departments/parks-recreation/design-development-projects/current-projects/Documents/php-existing-land-use.pdf

We had to pull all of the resources we could to leverage City funding toward grants from the US Fish & Wildlife Service (through the VA Dept of Game and Inland Fisheries); Virginia Land Conservation Foundation; Dominion Foundation; and a low-interest loan from the VA Dept of Environmental Quality with the grass roots support of primarily Shore Drive area residents through the Virginia Beach Parks and Recreation Foundation to preserve the 118 acres from development.

Collectively, with all of the partners, we had to prioritize the property to acquire with limited resources and we believe we achieved the most we could with the pulled resources.

While we may never know for sure if the Indigo Dunes project with nearly 1,100 units could have been permitted, it stands to reason that the property may have yielded up to 1,000 units ultimately based on the underlying zoning. The City and the Trust for Public Land is applying to down-zone all 118 acres to P-1 Preservation from the PDH-1 Planned Development zoning over the last quarter of this year.

The yellow areas may end up together adding up to just a fraction >; (1-5%) of what could have been developed in the area. Unfortunately, there are no public funds designated to acquire the remaining privately-owned property in the area. However, while the lots have certain vested rights, the Chesapeake Bay Preservation Area ordinance and flood plain regulations could limit some of the yellow areas in terms of number and type of units that can be developed there.

When Christy gets back into the office next week, she may have something additional to offer.

Sincerely,
Brian
Brian S. Solis, AICP, LEED Green Associate
Planning, Design and Development Administrator

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