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

3 February 2011
Mr. William D. Sessoms
Mayor
City of Virginia Beach
Municipal Center, Building Number 1
2401 Courthouse Drive
Virginia Beach, VA 23456-9001

Dear Mr. Mayor:

As Water Boxes LLC (Miss Gail Levine-Higgs) seeks to expand the Marina Shores Marina by adding 184 feet of 50 foot floating docks into Long Creek, I respectfully request that the Mayor and City Council members to remember the original conditions agreed upon on June 1, 1987 by Ms. Levine to restrict the use of parcel 1 (4.221 acres) to:

“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….”

Obviously, any excavation along Long Creek adjacent to the P-1 estuary to permit large 50 foot motor boats to dock would require sufficient draft to allow adequate propeller clearance with the bottom at low tide.  The amount of dredged material to permit these large boats along the north side of Long Creek and the relocation of the dredged channel to accommodate the required turning clearances will have a major impact on the P-1 parcel. The proposed excavation along the north bank will degrade the shore stability resulting in a gradual collapse of the bank unless bulkheading is provided. No bulkheading is indicated in the current permit application. If bulkheading were to be used, change to the current tidal flushing of the P-1 estuary would result in the degradation of the estuary due to increased pollutant buildup from city storm water drainage into the estuary. If a significant tidal storm event should occur as in November 2009, water flow out of the estuary would be restricted resulting in prolonged residential flooding in the adjacent Cape Story By the Sea and Cape Henry Shores communities.

Clearly, any expansion of the present Marina Shore Marina will violate the signed proffer of the original rezoning agreement, degrade the fragile ecological stability of the estuary and pose a flood threat to two major communities. The proposed expansion of the Marina Shores Marina should be rejected and the P-1 zoning for the estuary should be vigorously instated and maintained.

Most respectfully,

David M. Williams
President, Shore Drive Community Coalition
Virginia Beach, VA 23451