October 15, 2007

The Honorable Mayor Meyera E. Oberndorf

City of Virginia Beach

2401 Courthouse Drive

City Hall, Building #1

Municipal Center
Virginia Beach, Virginia 23456

RE: Public Access to Pleasure House Creek

Mayor Oberndorf,

Thank you for leading the City of Virginia Beach in opposition to the proposed hi-density development “Indigo Dunes” on the Lynnhaven. This development will negatively impact the Lynnhaven River, which currently does not meet water quality criteria, creates more local traffic congestion, threatens community public safety, and eliminates a historical public access to Pleasure House Creek.

In the wake of the opposition by Virginia Beach residents and the public to the development, the Sandler’s have cut public access to Pleasure House Creek off by erecting temporary fencing and no trespassing signs. Virginia Coastal Access Now (VCAN) believes the public has long held a prescriptive easement prior to the Sandler’s acquisition of the property and that public access is now being illegally denied. Our non-profit respectfully requests that the City require the Sandlers remove sections of fencing and the City erect public access signs.

VCAN suggests that these public accesses are the sand foot paths located near the intersection of Dinwiddie & Lock Haven Cove streets and near Mystic Cove & Chesterfield streets. These locations are just two of several historical hostile public access points of ingress and egress through Pleasure House Point, including the property currently owned by the Sandlers, to Pleasure House Creek for well over 20 years. This land, wetlands, and water have been utilized by the public for well over two hundred years. We even surmise that Captain John Smith traversed this location during the First Landing in 1607 and has historical significance.

Should the Sandlers not comply with allowing public access via a prescriptive easement, VCAN recommends the City pursue legally condemning the property and creating a conservation easement for open space on behalf of the Virginia Beach residents, the Lynnhaven, and the citizens of the Commonwealth.

A fine example of a conservation easement created by a local government on behalf of the environment and its citizens is Telluride, Colorado. There the City and its residents together opposed the development of the Telluride valley floor www.valleyfloor.org. They successfully created a conservation easement and open space for generations to come. The same can be done here in Virginia Beach at Pleasure House Point.

Virginia Coastal Access Now, its members, and Virginia Beach residents like me look forward to working with you and the City to defend public access to Pleasure House Creek, the protection of Pleasure House Point, and enhancing the Lynnhaven.

Sincerely,

Mr. Darrell Parker

195 Green Kemp Road

Virginia Beach, VA 23462

Cc: Virginia Beach City Council

Virginia Beach City Attorney

The ACLU of Virginia

The Virginian-Pilot