Shore Drive Community Coalition

Kudos to Va Pilot’s editorial promoting acquiring open space at today’s reduced real estate values

Then-Councilman Will Sessoms, also now running for mayor, said the council would “really regret it down the road” if it didn’t buy the land when it had the chance. Sessoms was right.

I’d wager which ever elected official[s] is[are] part of acquiring Pleasure House Point and/or the “Duck-In property” would get [re]elected for as long as they want to hold office.

The editorial continues:

For example, high-end condo projects proposed for magnificent waterfront properties on either side of the Lesner Bridge sit idle, their prospects dimming each day as the real estate slide accelerates.

Wow!

Read entire editorial at the Pilotonline.com.

Just because the open space fund might be diminished doesn’t mean there aren’t other creative solutions if the will is found to make it happen.

Special note: I happened to have been part of a dedicated group of people who worked diligently to get the Lake Ridge project mentioned in the editorial much reduced in size, scope & impact.

City should aggressively pursue purchasing PHP for open space

Daphne Atkins, a civic leader in the Shore Drive community, hopes the city aggressively markets the open space acquisition program to developers such as L.M. Sandler & Sons Inc., the owners of the Pleasure House Point property.

Read article & comment at Pilotonline.com.

SDCC General Meeting Agenda for Monday, July 28th 2008

SDCC General Meeting Agenda - Monday July 28, 2008

SDCC General Meeting - Monday July 28, 2008, 7:30 to 9:00pm
Ocean Park Volunteer Rescue Squad Hall (parking in back, on side streets and across Shore Drive)

Program/Presentation – No program planned for this month.  Time will be allotted to Old & New Business Sections.

The general agenda for the evening will be:

Officer’s Reports - Brief Reports
Secretary - Tim
Treasurer’s Report - Leslie
Vice President & President - Daphne & Todd

Old Business-
Indigo Dunes Project – Department of Environmental Quality (DEQ) has asked for more time to review and answer the public’s concerns before going before the State Water Control Board (WCB).  The next WCB meeting is scheduled for September 30th.  The SDCC Pleasure House Point (PHP) committee has scheduled a meeting with the Chesapeake Bay Foundation (CBF), Lynnhaven River Now (LRN), Wetlands Watch and our legal representation to put together a plan for the WCB hearing. 

Lynnhaven Boat Ramp (LBR) Proposed Spoils Transfer Station – City Staff is still pursuing the purchase of land behind the AT&T-Battery Plus building on the Blvd. for the dredging of the Western Branch as a permanent dredge transfer station. This site would also provide kayak
& canoe access when not being used as a transfer station.  City Staff is looking at purchasing or condemnation of all the property in the area (excluding the vets office) to also allow a Fire Station.  Staff plans to present details to City Council on Aug 12 at a closed session.
[Correction 2:18pm Monday July 28th 2008.]

Proposed Rezoning of City Marina - Planning Commission review was deferred from the July 9th meeting to the August 13th meeting at noon in City Council Chambers.  SDCC has sent a letter to City Staff and Council opposing the rezoning from P-1 to B-2.  Reasons for opposition include the fact that a marina is considered a principal use in a P-1 zoning district so there is no need to rezone and the current arrangement is a money making venture for the City, about $50,000 per year.  Making it a private venture runs the risk of losing this income.

City Council Candidate Forum and Questionnaire – SDCC agreed to partner with OPCL and host a City Council Candidate Forum the week of September 22nd – 26th.  The locations suggested were the VB resort conference hotel, Baylake Pines church, Lynnhaven Congregational church and Westminster Canterbury.  It was recommended that Todd moderate and the format still needed to be decided.

SDCC Oyster Roast – Mark your calendars for Saturday Nov 15th from noon until 4pm at the VB Resort Conference Hotel.  First committee meeting is scheduled for Thursday August 21st at 6:30pm at Charlie’s Restaurant.  Volunteers are needed, email Todd if you’re interested in helping.  Todd@sdcc.info

SDCC Officer Nomination Committee – The nominating committee is narrowing down the list of candidates and is still in need of a good candidate for Vice President or Secretary.  If you are interested in running or know of anyone that may be, please contact Dan Creedon at DanVaB@aol.com.  The committee will make their presentation of names at the October 27th general meeting.

New Business -

Lynnhaven Boat Ramp (LBR) Proposed Spoils Transfer Station – Should SDCC write a letter to City Staff and Council supporting the plan to purchase and/or condemn businesses behind PEP Boys for a transfer station?  Should SDCC partner with Saw Pen Point C.L. is support of this site?

Community Legislative Town Hall Meeting -The City of Virginia Beach and the Virginia Beach Council of Civic Organizations will be co-hosting a town-hall style discussion to give citizens an opportunity to provide valuable input into the City’s 2008 Legislative Agenda – goals which the City will submit to members of the local General Assembly delegation later in the year.  Meeting will be Wednesday August 6th at 7:30pm in the VB Convention Center and is open to the public.
Indigo Dunes Project – With the possible Sandlers financial troubles reported by the Virginian-Pilot, does the SDCC think it’s a opportune time to sit down with City Staff and Council to discuss working up possible purchase scenarios (land swaps, tax reductions, etc.) and then have the City pursue these plans with the Sandlers?


Sincerely,

Todd Solomon
Shore Drive Community Coalition - President

Visit http://www.sdcc.info for additional information regarding the Bayfront area.

Yes, Indigo Dunes is delinquent on their real estate taxes

As of July 18, 2008, Sandler at Indigo Bay, LLC is delinquent by $93,158.76 on their real estate taxes.

“They can stop the bleeding in certain areas,” Solomon said

In Virginia Beach, companies controlled by the Sandlers did not pay the second installation of the 2008 taxes on Indigo Dunes off Shore Drive…

Pilotonline.com article.
Imagine a partnership creating this, as an example. Could be a win, win, win. Worth trying?

There are other ideas out there. Let us know what they are.

2008 VB Outdoors Plan looks for your feedback - re:Pleasure House Point

As you know, Pleasure House Point is the #1 property to purchase for open space in the 2000 Virginia Beach Outdoors Plan.
Follow the info below and email your feedback to ensure it remains #1 for the 2008 Report:

Dear Valued Stakeholders,

On behalf of Parks and Recreation Director, Cindy Curtis, we would value your feedback on the final draft of the 2008 Virginia Beach Outdoors Plan.  The Outdoors Plan is the City’s guidance document for open space acquisition and outdoor recreational planning.  It is a significant component of the Virginia Beach Parks and Recreation Strategic Plan and a reference document to the City’s Comprehensive Plan.

We are providing a stakeholder review period from July 1, 2008 through July 31, 2008. Residents may also provide input on the Plan at the Open Space Subcommittee’s July 28, 2008 monthly public meeting.  We value your input and welcome your comments.  We realize and appreciate that your review perspective depends and will differ greatly on your relationship within or to Virginia Beach. If you have any questions as to what section of the Plan you should focus on, please call me (Brian Solis) at 385-1109.

In order to be “greener” in our planning and correspondence process, we are attempting a “paperless” review of the Plan.  Please follow, or have your staff follow, the following three easy steps to review the Plan:

Step #1 - Visit the website:  http://www.vbgov.com/OutdoorsPlan to download the entire Plan or by section.

Step #2 - Review the Plan or sections that are of primary interest to your organization.

Step #3 - Email comments back to me by replying to this email address or

Hard copies of the Plan will be available at any Virginia Beach public library.

Your feedback will be considered with the final adoption of the Plan.  Parks and Recreation staff will be briefing the City’s Bikeways and Trails Advisory Committee, Parks and Recreation Commission, Planning Commission and City Council on the Plan this summer. The Plan will be considered by City Council for final adoption in September/October 2008.

Thank you in advance for your time and efforts.

Sincerely,

Brian S. Solis, AICP

City of Virginia Beach
Department of Parks and Recreation
Planning, Design & Development Division
2408 Courthouse Drive - Municipal Center, Building # 21
Virginia Beach, VA 23456
Office:  (757) 385-1109 Fax:  (757) 385-1130 E-mail: 

Our vision is a balanced, sustainable and value-focused system of parks, recreation and public spaces that creates a sense of community.

SDCC General Meeting Monday, June 30th 2008 Agenda

SDCC General Meeting - Monday June 30, 2008, 7:30 to 9:00pm
Ocean Park Volunteer Rescue Squad Hall (parking in back, on side streets and across Shore Drive)

Program/Presentation – Mr. Lou Paulson, Posieden Court Condominiums, will be discussing viewpoint as to why it’s a bad idea for Cape Henry Beach landowners to sign over a public easement to the City for sand replenishment. The Sand Replenishment project is one that has been discussed for awhile and has a potential project date of late 2009/early 2010. If you are in favor or against, come on out and hear Mr. Paulson’s views.

The general agenda for the evening will be:

Officer’s Reports - Brief Reports
Secretary - Tim
Treasurer’s Report - Leslie
Vice President & President - Daphne & Todd

Old Business-
Indigo Dunes Project – Department of Environmental Quality (DEQ) held a Public Meeting on Monday June 9th, that was attended by over 130 residents in opposition to the project. DEQ’s report is in favor of the plan. The deadline for public comment was June 24th. SDCC has submitted a box of documents and opposition letters in hopes to persuade the Water Control Board (WCB) to vote against this project at their July 28th meeting. The WCB is scheduled to meet on July 28th in Richmond and vote on this project.

Lynnhaven Boat Ramp (LBR) Proposed Spoils Transfer Station – Many Ocean Park residents have been involved in identifying the problems with this project. Due to their diligence, it appears that the LBR has been moved down on the list of possible sites. Council is pursuing possible land purchases as an alternative. Also, as a testament to the opposition’s concerns, a barge recently ran into the Lesner Bridge justifying the community’s opinion that the project would create too large a risk.

Proposed Rezoning of City Marina - Planning Commission review is scheduled for July 9th at noon in City Council Chambers. SDCC plans to take a vote at our June 30th general meeting, so please come prepared to discuss and vote. Visit the website for latest proffers and restrictions. Remember, the current arrangement is a money making venture for the City, about $50,000 per year. Making it a private venture runs the risk of losing this income.

Phase IV Shore Drive Demonstration Project – A citizen information meeting was held on Thursday May 22nd regarding the planned improvements to Shore Drive between Marlin Bay and East Stratford Rd in the Ocean Park area. Several street closures and median cut fill-ins are planned for this area. Attendance was small to the public meeting, so Ocean Park may want to get information directly to its effected residents. SDCC has asked for electronic versions of the presentation and will forward as soon as they are received.

SDCC Oyster Roast – Mark your calendars for Saturday Nov 15th from noon until 4pm at the VB Resort Conference Hotel. Committee meetings will begin in July. Volunteers are needed, email Todd if you’re interested in helping. Todd@sdcc.info

SDCC Officer Nomination Committee – The nominating committee is getting an early start for the upcoming election of 2008/9 officers. If you are interested in running or know of anyone that may be, please contact Dan Creedon at DanVaB@aol.com. The committee will make their presentation of names at the October 27th general meeting.

New Business -

Action Plans for PHP – Discuss and vote on any actions or position statements. Email campaign, Should we send emails to the WCB before the July 28th meeting? Should we call them beforehand? Discuss how we want to best use our legal counsel for the Richmond meeting. Who needs to go to the Richmond meeting, should be rent a bus?

City Council Candidate Forum and Questionnaire – Where should a forum be held? When should it be held? Who should be the moderator? What type of format should it follow? Be prepared to discuss these questions and volunteer for the forum committee. Also be thinking of questions for a candidate questionnaire. 

Wetlands Watch submission to DEQ asking for denial of Draft Permit for Indigo Dunes

The applicant proposes to permanently impact 2.35 acres of tidal wetlands.  We maintain
that these impacts are sufficient to deny the permit application given the significantly
impaired state of the Lynnhaven River and the Chesapeake Bay.
The Lynnhven River is already significantly impaired as evidenced by state and federal
decisions and activities.  Ten years ago, the state listed much of the Lynnhaven River as
impaired in Virginia’s 1998 303(d) Total Maximum Daily Load (TMDL) Priority List
and Report.  The Virginia Department of Environmental Quality (DEQ) under the
ongoing TMDL process is currently addressing the impairments to the Lynnhaven River
and meetings have been held in the watershed to discuss the TMDL plan for the River.

indigo-permit-letter-DEQ.pdf [3pg pdf]

Visit WetlandsWatch.org.

Thanks to everyone who spent the time to send comments to DEQ

One argument submitted by SDCC today requesting the denial of DEQ’s Draft Permit proposal for Indigo Dunes.

Special thanks to everyone who was involved in putting together this particular comprehensive legal document clearly outlining how, by law, this application must be denied.

Editorial page of Virginian-Pilot still does not understand wetlands law

...- the development would replace man-made drainage ditches with man-made wetlands, which would improve stormwater flow and clean the water that drains into the Lynnhaven River.

Reality is this current slightly altered proposal would in fact destroy viable wetlands.
Must admit the editor who wrote this has come around to the facts the development is too large & still faces many, many hurdles.
Read entire editorial and comment at Pilotonline.com.

Over 100 residents attend DEQ Hearing

“In a highly developed watershed, it’s a very serious loss,” said Karen Forget, executive director of Lynnhaven River Now, a nonprofit environmental group.

Over the past three years, there has been a permitted loss of 1.25 acres of wetlands in the river’s watershed, which stretches for 64 miles. The plans for Indigo Dunes calls for the elimination of 2.35 acres, Forget said.

Read & comment at Pilotonline.com.

The proposal still includes destroying wetlands, riparian buffers, all mature trees on the site, and the filling in of Pleasure House Point with up to 7-8ft of unknown fill.
The State Water Control Board will hold a 1 or 2 day Hearing in Richmond tentatively scheduled on July 28th.

This is far from over. Conditional Permit obtained so far is from Army Corp of Engineers. It has conditions that are strongly believed they can not meet. This Hearing, & Hearing coming up in Richmond is for a Conditional Permit. Other Permits required are a Wetlands Permit, Chesapeake Bay Area Preservation Board Permit, Conditional Use Permit from City of VB, City Council approval & others.

Thanks to DEQ for providing the public an evening Hearing.

Thank you for coming out and writing your emails expressing your concerns with a project that would destroy Pleasure House Point.

Article about Indigo Dunes trying to back into required Permits

Virginia Beach is appealing to Circuit Court a decision by the Virginia Marine Resources Commission to allow the destruction of some wetlands on the site. The VMRC decision and the city’s appeal are based on the Sandlers’ initial application.

The Sandlers will have to start the city approval process from the beginning with the revised plan, according to Kay Wilson, an associate city attorney.

The Sandlers’ representatives disagree. The changes in wetlands impacts are just modifications of the original request, Williams said.

Read & comment at Pilotonline.com.
DEQ Hearing Information for Monday night.

“We’re very encouraged; we think we have a great project,” said Debra Williams, a Sandler spokeswoman. “If people really look at what we have in there, they’ll realize we’re cleaning up a mess.”

Part of the “mess” they are going to bulldoze, & fill in with unknown fill to “clean up”.

Letter to DEQ from OPCL Prez re: Indigo Dunes

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Be sure to email Ms. Kattan your letter!

From Mike:

Ms. Sheri Kattan, Project Manager
Virginia Dept. of Environmental Quality
Tidewater Regional Office
5636 Southern Boulevard
Virginia Beach, Virginia, 23462

Dear Sheri,

I am writing you today in protest of the Dept. of Environmental Quality’s intention to approve JPA #2 submitted by Sandler at Indigo Bay LLC which requests authorization for the destruction of tidal wetlands, non-tidal wetlands, vegetated and non-vegetated wetlands and RPA buffers for the sole purpose of constructing 1063 housing units and additional structures as part of a mixed-use development in pursuit of maximum profit.

If approved, this decision will set a precedent and severely weaken well established VA Law intend to protect such areas. Our statutes’ clearly state the applicant must make all efforts to avoid and/or minimize impacts to wetlands. Pleasure House Point (PHP) measures nearly seventy acres and certainly offers ample opportunity to construct a significant number of residential and commercial units without impacting these vital resources.

PHP is the last remaining natural habitat of significance on the Lynnhaven River, as recently exhibited by the City’s inability to find even a small site to transfer dredge spoils from the Lynnnhaven. Its total loss would be a tremendous detriment to the public. While admittedly not a perfect site or setting, there is no reason it cannot be developed in a more environmentally sensitive manner and make a tremendous contribution to the health of the Lynnhaven and Chesapeake Bay Eco-System.

DEQ approval of this JPA will send a clear signal that they are unwilling to enforce our environmental protections, as the Indigo Bay JPA clearly does not meet the criteria established by law to warrant this drastic reconfiguration and transformation of PHP. On behalf of the resident’s of Ocean Park, I ask that you please enforce our environment regulations and reject this application.

Sincerely,

Michael D. Wills
President, OPCL
3841 Jefferson Blvd.
Virginia Beach, VA 23455

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Be sure to email Ms. Kattan your letter!

Another example letter for DEQ re:Indigo Dunes JPA#2

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Be sure to email Ms. Kattan your letter!

From Grace:

Dear Ms. Kattan

I am uncertain whether or not I will be able to attend the DEQ hearing on this matter on June 9, 2008.  I would like to register my comments, as a resident of Ocean Park and as an officer of the Ocean Park Civic League.

While I understand that the developer of this parcel has the right to build on his property, that right must be bounded by the local, state, regional and federal guidelines which are in place to prevent the degradation of natural resources to the public’s detriment.

I have viewed the developer’s proposal and find that his claim that his development, with his on-site water treatment designs, is disingenuous.  Furthermore, his present proposal, much like his last one, ignores the mandate which is present when building in a wetlands area.  To wit:  avoid, minimize, ameliorate.  The developer has not yet met even the first goal:  avoidance.

I urge you and DEQ to stand fast for the long-term interests of residents, environmentalists and taxpayers who will be shouldering the burden of this unconscionable over-development.

Sincerely,
Grace Moran
Treasurer, Ocean Park Civic League

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Be sure to email Ms. Kattan your letter!

James Taylor donating funds to Southern Tip Partnership to save land for song bird migration routes

According to VBGov.com:

Concert in Virginia Beach to Benefit Migratory Songbirds

On Tuesday morning, May 20, Singer-songwriter James Taylor will be available for an hour news conference with the media to talk about his support for conservation of bird habitat on the Eastern Shore, the launch of his U.S. tour and forthcoming album.  He will be at the VIP Club at the Verizon Wireless Virginia Beach Amphitheater.

A portion of the proceeds of the Virginia Beach concert will benefit the Southern Tip Partnership ), a coalition of conservation groups including the Virginia Coastal Zone Management Program, The Nature Conservancy, the Virginia Department of Game and Inland Fisheries, the U.S. Fish and Wildlife Service and the Virginia Department of Conservation and Recreation.

The groups are working together to protect habitat for migratory birds along the Eastern Shore, which has been recognized as a globally important place for migratory songbirds.  (http://www.deq.virginia.gov/coastal/eslandconservation.html

The song birds also need more habitat to survive their trip & Pleasure House Point being 100% open space would certainly help.