City Council Special Formal Meeting, 3/24/2026

Everyone and welcome. I call this meeting to order.

Um then honorable members of city council and gallery in accordance with the Virginia Beach City Code 2-1 and by authority vested in me as the mayor of the city of Virginia Beach, I hereby call for a special formal session of the Virginia Beach City Council on Tuesday, March 24, 2026 at 5:00 p.m. City Council Chambers Building 1 and second floor, 2401 Courthouse Drive. The purpose of

this special session will be allowed City Council will have public hearing and consider the application of Harrison and Lear Incorporated JBWK LLC and White Clover LLC as listed in the attached agenda.

Uh the special formal session will be broadcast on cable TV, virginiabeach.gov, and Facebook live.

Sincerely, Bobby Dyer.

Um right now, do we have a roll call of City Council? Mayor, all present. Okay, at this point um we're before we go, I would like to read the uh speaker's policy.

I want to remind everyone that the City Council speaker policy that allows certain representatives of groups to speak for 10 minutes applies only to planning items. All other speakers while they're speaking individually or on behalf of a group will have 3 minutes to speak on a single item.

Uh speakers are reminded the comments of the formal session of the meeting must be limited to the subject of the item that is being called or considered at the time you are called.

[clears throat] And for items placed on the consent agenda, a speaker will have up to 3 minutes to address any single item.

But once again, uh this was not a consent item. And finally, I call upon all speakers and all persons in the chamber to be civil in their discussions and at the quorum.

Whatever views you hold and wish to express, the City Council wants to hear from you and sure that all viewpoints and all persons are respected. The best way to do this is through all of us to strive for respect. And uh folks, we have about 110 plus uh speakers signed up tonight. Um So, to be as efficient as possible, the first row on each side of the aisle uh are for the speakers in queue. When the

clerk calls the first speaker, she will also call the names of the next five speakers. When you hear your name called, please make your way down to the front and have a seat in one of the reserved seats. At the conclusion of each speaker's comments, the clerk will recognize the next speaker who will make their way from the reserved seats to the lectern and the name of the next person to move down

to the reserved seats. You know, with the volume of speakers we have, we just want to be as efficient and respect your time as possible going. And folks, we have a hot issue tonight. We have a lot of emotion in the room. But let's be Virginia Beach. Let's be courteous to each other. Let's listen to each other.

Okay, at this at this point uh we'll call for the item and uh planning item number one, Harrison and Lear Incorporated JBW K LLC White Clover for a modification of proffers to a conditional change of zoning and conditional of zoning from P1 Preservation District and PDH1 Planned Urban Unit and Conditional PDH2 Planned Unit Development or 20 Residential and P1 Preservation District redevelopment of 143

age restricted 55 plus single family homes and a revitalized nine-hole golf course at 31 Arnold Palmer Drive in District 2.

Okay, at this point, if you can call the first group of people. Thank you, Mayor. The first speaker is Chris Pachta who is representing the applicant. The next five speakers, if you'll make your way down to the first row. Jonathan Skinner, Audrey Leishman, Mark Leishman, Mike Bennett, and Billy Alman. If you'll make your way down to the first rows, please.

[clears throat]

Good evening. Thank you.

You're welcome back, Mayor Dyer.

Good evening, Mayor Dyer, Vice Mayor Wilson, and members of City Council. For the record, my name is Chris Pachta. I'm a land use and zoning attorney with Wall Cott Rivers Gates and the representative of the applicant, Harrison and Lear.

With me today is Jonathan Skinner, the president of Harrison and Lear. And also joining us today are Mark and Audrey Leishman. Mark is a world-renowned professional golfer and six-time PGA Tour winner. And Audrey runs a very successful local nonprofit. Uh the Leishmans are residents of Indian River Plantation, which is adjacent to the property and the champions, visionaries, and designers of the proposed nine-hole

They're joined by Mike Bennett of Commonwealth Golf Asset Management who will manage and oversee the redevelopment and management of the golf course proposal. And finally, with Billy Alman and Will Serge of WPL, the lead land planners on this project, JD Hines and Karen McPherson of VHB. They've done a fabulous job on stormwater, traffic engineering, and analysis on this project.

The proposal entails a plan for the failed Signature at Westneck Golf Course and the approximately 200-acre parcel property on which it sat.

The plan is to develop 143 age restricted 55 and older single family homes and to revive and restore nine holes of the golf course along with the clubhouse and other golf course amenities and commit the remaining land of the 200-acre property to multi-use trails, expanded wet ponds, reforestation, managed meadows, and conservation.

This product project is the product of compromise. It's shaped by the applicant, the property owner, the golf course operators, and the community in which it serves. Over nearly 4 years, the applicant has committed to frequent and meaningful community engagement. A committee of community members met 10 times over 3 years.

Eight hosted meetings with over 560 surrounded surrounding homeowners, direct outreach went to over 1,200 households, and six village level sessions.

This included years of ongoing dialogue and feedback that was integrated throughout this design.

In order to make the proposal a reality, the applications before you this evening are request to conditionally rezone property from P1 and PDH1 to conditional P1 and PDH2 so that the end result of the rezoning would yield approximately 135 acres of P1 preservation and 62 acres of PDH2.

And there's also a request to modify the 99 proffers, the original proffers, which were previously modified also in 2001, 2004, and 2008, I believe, to account for this proposed plan, ensure its viability and success, and provide additional measures so that the proposed development is a community-wide benefit.

Addressing open space access, future ownership of the property, future traffic concerns, and legally ensuring the interdependence of the golf course and the housing development.

Now, the updated proffers. At the Planning Commission hearing in February, community commissioners and residents challenged the applicant to further ensure the accessibility of residents to the open space, provide measures that prevent the housing development from occurring without sufficient progress on the golf course, and provide assurances for the future of the golf course property.

In order to address these concerns and requests, our team dedicated significant time and attention to addressing these and volunteered the following. Number one, a proffer which provides for the future ownership of the golf course property and most of the other open space of the 200 acres to be conveyed to the new HOA if not already conveyed to the Westneck HOA and/or the Indian River

Plantation HOA by the time the new HOA is set up. Two, a proffer which requires the golf course to be up and running before the housing development could be completed and permits on the golf course to be issued before a single house can be built.

Then a proffer which provides an exhibit that further identifies the use for each of the areas of the open space, its current and future ownership, and proposed easements to indicate access.

And then finally, a proffer which requires a lease for the operation of the golf course and the ownership of the course to finally be in the hands of the HOA and not the current property owner.

For the HOA to decide what happens with the golf course should it close again in the future.

I was in communication with Commissioner Plumley throughout the process of drafting and finalizing the proffers to confirm that they addressed his intent behind the conditions at the Planning Commission. And our team coordinated with the Planning Department, City Attorney's Office to ensure that our exhibit in the proffers addressed the other commissioners and residents' requests and concerns. Going well beyond

what is included and required on most land use applications, these proffers now provide assurance that the golf course design and development will commence and assurance that the community, not the existing property owner, will decide what happens if it doesn't succeed.

The comprehensive plan and council's February informal meeting to the discuss the comprehensive plan, Mr.

Styles aptly remarked that the comprehensive plan is an aspirational planning tool, a guide for planning to make recommendations to council to consider when voting on land use applications like this one.

In so doing, he affirmed what many planning commissions, city councils, and city attorneys have stated throughout the history of Virginia Beach land use decisions that the comprehensive plan, and in this case the transition area design guidelines, is not law or ordinance and does not require 100% adherence. And as one council member put it at that meeting, while the comprehensive plan is important, there

are moments when emergency scenarios arise and deviations are necessary. This is one of those emergency scenarios.

More specific to the design guidelines, in reviewing transcripts of the planning commission and council hearings over the last two and a half decades from the transition area, it's been stated on numerous occasions that density is just one factor.

And that there will arise situations where deviations to density are necessary and appropriate because benefits outweigh the deviation.

Staff in this case stated that in many ways this project aligns with the design guidelines.

And found our design consistent with the design guidelines emphasis on blending with natural landscape and its harmonious integration with the surrounding environment.

As previously approved transition area project staff report, staff wrote, "No project will ever fully meet the provisions of the comprehensive plan for the transition area." Just a few examples, Victoria Park 39% open space, Sherwood Lakes 2.2 units to the acre.

Princess Anne Village 2.4 units to the acre and then modified again to become 2.5 units to the acre. Everyone was approved because benefits outweighed those deviations.

Now in this case the staff report says 2.79 units to the acre for community-wide density. The Westneck community was approved in '99 at 2.52 and built out at 2.42 units to the acre.

The actual increase from what was approved 0.27 units to the acre.

And from what's there now, 0.37 units to the acre.

For that reason, transition area projects have been approved in deviation of density and open space guidelines before.

Therefore, this project does not set a precedent, but it also doesn't set a precedent because every other transition area community that's been approved with the exception of Heron Ridge golf course, which is owned by the city, owns its open space. This is a very unique property and this is why we have a unique situation that's arisen. The community does not yet own the open space.

Now the design guidelines call for open space to be usable, visible, and accessible.

Since the Signature golf course closed in 2019, only 3.79% of the open space in Westneck is actually usable and visible and accessible.

Under our plan, the vast majority of that open space of the golf course becomes usable and accessible again.

And going from 3.79% to 40.1%.

And without this project, the amount of accessible, visible, and usable open space in this entire community is less than 4%.

Typically on a land use application, I would conclude with appealing to the benefits of it and make an argument as to why approving the project is the right decision.

With this application, however, the most compelling reason for approving is from the residents themselves. So I will instead conclude not with my own request, but instead echo the request from from a Westneck resident.

John in his letter to city council, this resident stated, "I urge you to approve the rezoning and support the Preserve at Westneck.

It's time to move past the status quo.

It's time for a different approach. This infill project offers genuine benefits, it revitalizes our neighborhood, expands available housing stock, restores recreational amenities, does not reduce agriculture in District 2, expands the viable tax base for future city needs, and contributes positively to Virginia Beach as a whole."

With that, I thank you for your consideration of the application. And I also want to thank the city staff, especially Michelle Coleman and Tory Eisenberg and their entire staff who's worked countless hours on this and all the projects they work on. For their hard work on this application, I will stand by for any questions and yield the remainder of my time and thank you.

Okay, thank you very much.

The next speaker is Jonathan Skinner and then Gretchen Hill, if you'll come down for to be in queue, that'd be great.

Thanks.

Good evening, Mayor Dyer, Vice Mayor Wilson, and City Council. Thank you very much for your time and consideration on this matter.

Through the From the beginning of my effort to work on this solution for the property that is currently underutilized and overgrown, my goal my focus has been to provide a solution that conforms with the city's comprehensive plan in every practical way and provides a solution to the community. I've been encouraged throughout my efforts to engage in community outreach and to pursue a

compromise that is satisfying to as many of the stakeholders as possible. To Chris's earlier point, we've gone to extreme lengths to engage the community including eight meetings in recent months with over 600 residents attending.

Throughout those meetings, we've received very reasonable, insightful, and helpful feedback. We've made modifications to the plan to improve it at every step of the process.

Um At one of those meetings, one of the stakeholders of the community stated that we have embraced suggestions, ideas, and visions from the current residents who favor change of Villages of Westneck.

[snorts] That has been our focus to listen, to respond, and to create a reasonable but intelligent and executable development.

Um Additionally, we are pursuing a stable and long-term solution for the community.

We Through this effort, we are converting what is now 14.66 acres of usable, accessible open space to 154 acres of usable, accessible open space, which is a 10-fold increase.

We compromised and have partnered with the property owner and the Leishmans to bring a nine-hole golf course with practice facility, which will be a great impact on sports tourism, but most importantly, it's led by an elite design team that is internationally respected and will be of a championship quality.

The development itself first stormwater improvements and a traffic signal at a very different difficult intersection at Signature Drive in Westneck that will provide both safety for drivers and traffic, but also safety in terms of stormwater management. We are focused as well on preservation and reforestation. Over 87% of the property will be become open space and a majority of the property

will be accessible to the residents.

So through our efforts to provide a solution and to engage in outreach, I wanted to finish by sharing four different quotes that I've received via email or letter from residents in the community. The first, it restores purpose and vitality to community that has waited years for progress. The second, this is an opportunity for Virginia Beach to help reclaim that wow feeling. The third, it's time for a

different approach. It revitalizes our neighborhood. And finally, we desire change, we long for beautiful surroundings.

Thank you for your time and consideration. Thank you.

The next speaker is Audrey Leishman and then Brian Bowers, if you'll come down for a queue.

Good evening. Good evening. My name's Audrey Leishman. I live in Indian River Plantation.

I am a Virginia Beach native. My The Navy brought my family here when I was 4 years old. I grew up in the Salem area of Virginia Beach and my parents actually built in Indian River Plantation in 2001. It has been my home, my community since I was 17 years old.

In 2015, my husband and I built on what used to be the fifth green of the Signature Arnold Palmer golf course.

Part of that is yes, because he's a golfer, but a big part of that is because we love the neighborhood. We love the community. In fact, my third grade teacher is in this room and my prom date's parents are neighbors as well. So it it is my home and because of that, we wanted to try to help find a solution for a problem. When the course closed in 2019, Mark and I were not in a position

to purchase it, but in a few years, we did enter an investment group and we did try to purchase it as an 18-hole golf course. We were told in no uncertain terms that that was not going to happen.

I had all but given up on the idea of being able to restore a golf course until a chance encounter with a former neighbor who happens to also be mutual friends with the property owner.

I jokingly say that we are the first people who ever approached the property owner without pitchforks.

We came to him in a collaborative manner and asked him if we he would be willing to compromise with us and if we could partner together to create something good again for our community. After many negotiations, many hours and meetings, we were able to enter into an agreement to have a 50-year lease with two 15-year extensions. I have also been in contact with Noel Gonzalez and Sharon Gonzalez

who own the Royal Courtyard in effort to bring a fully operational clubhouse back. Um those conversations are ongoing, but they have been very productive and we really look forward to being able to bring back that community asset. And with that, I will yield the rest of my time. Thank you very much.

Thank you for coming. The next speaker is Mark Leishman.

And [clears throat] then David Smith, if you will come down. Thank you.

Good evening, Mark.

Hi. Uh my name's Mark Leishman.

Um my wife Audrey, I'd like to reiterate everything that she said. Um I'll be designing the golf course uh if this is approved with Adam Scott Finch who was a is a major champion.

Um we'll be putting uh several millions of dollars of our own money into this project. Um we're committed to this um for the in the long term and um there has been some [clears throat] questions to us about the timeline of when when we want to get it started and we want to get it started as soon as possible. So, um we want to make it an elite nine-hole golf course with practice facilities

like we've spoken about before. Um but make it really family family-friendly.

Um we moved into the neighborhood because we wanted it was a golf community. Um it has become a neighborhood. Um we would like to try and help it become a golf community again.

Um So, I yeah, we're very committed to to this project. Um and we want to see it through right to the end. So, thank you. Thank you.

The next [clears throat] speaker is Mike Bennett.

And then Dana Jean Carroll, you'll come down.

Good evening. Good evening, Council members. Thank you uh for your time. Um my name is Mike Bennett and I'm with the the president of Commonwealth Golf Partners. Um we're here in support of the project. We're part of the team to um to help bring the the nine-hole golf course back to reality. Um we're super excited. Um I want to touch briefly a little bit on my background, also a

little bit on the timeline. Um and I'll be available to answer any other questions, of course. Um first, my background, we've our company has built, owned, operated, um leased, you name it in the golf industry over the last 30 years. We've we've been involved with dozens of projects. Um as I said, several of them are brand new developments um in the state of Virginia, some in North Carolina. We're

involved in a lot of renovation of golf courses, um historic golf course down in Asheville, North Carolina. So, this is sort of what we do. We take properties like this that are, you know, either shuttered or in need of restoration and we bring them back to life. So, we're pleased to to support Mark and and Audrey and the developer on this project. Um I happen to be the president of National Golf Course Owners

Association for the Mid-Atlantic region.

Um as I said, I've been in this industry for a long time. I'm also a PGA member.

So um and one of my business partners is here with me today, uh John Hilkers in the in the audience as well. So, I want to touch briefly on the the scheduling.

Understand that, you know, that's um obviously very important. Um because the golf course was already in existence, the corridors are are generally set. We can't it's not a raw piece of land that we have to go and, you know, actually lay out the golf course and then get clearing permits and there's a lot of permits that will be will be required, of course, but um it's it's really a

matter of going in and and reclaiming what was there. Uh we would work, you know, officially with Mark and his team on designing certain aspects of it, but you know, for example, the fourth hole is going to look very similar to what was there before. Mark will have creative input on what the green might look like or what the bunkers might look like. So, we can do something very special and unique, but we know it's

going to look very similar. That corridor is already set. So, from a timing standpoint, this should be able to move along pretty quick. The first thing we would do is again work with Mark and his team on what they want to see from a feature standpoint with the greens, the bunkers, uh work with engineering team to get the plans engineered and permitted and then start construction. Um the the the the

terminal point in the construction cycle is really when you seed the greens. Uh we call it a grassing window.

Um the selection of the grass is here would be a bent grass um type of of of grass.

Perfect scenario would be to seed those about this time next year. Very reasonable, very doable depending on how permit timeline works and goes. Uh we would then go in behind that grassing the warm season grasses, which is exactly what was there before. Um and look to try to open it by, say, September of next year. So, very very simple, straightforward process. It shouldn't take more than 12 to 14 months

from start to finish. So, um you know, a lot of that depends on the engineering cycle and and when we can get our land disturbance permit, but that would be the first the first step in the process.

Um I want to touch briefly on just the industry as a whole then the the you know, both Virginia Beach and and at a macro level. Obviously, golf has had some good years here lately. Thank you very much. Appreciate it.

The next speaker is Billy Allman. And then Gail Conley, if you'll come down, please.

Good evening.

I wanted to take a second and speak about the open space network that's not the golf course.

We discussed reforestation and managed meadows for several years now with the intended vision for this planned open space.

During that time, nature has been hard at work. Through natural succession, the former golf course is steadily reforesting itself. Today, we are seeing a 7-year-old pioneer forest emerge, clear evidence of the power of natural systems to transform a manicured bermuda grass landscape into a developing woodland.

The golf course is now transitioning into that pioneer forest. Native loblolly pines reaching heights of 12 feet and sweet gum to 20 feet are evident now. Our role is shifted from establishment to really to forest management. Working with ISA certified arborists and landscape management companies experienced in small woodlot management, we will focus on removing exotic and invasive species while

selectively managing vegetation to maintain open sightlines into the forest interior for safety and visibility.

Supplemental tree plantings may also be incorporated in areas where natural succession is not advancing as quickly as in other portions of the site.

Along pathways and trails, consistently linear mowed grass edges ranging from 2 to 6 feet depending on the trail use, will define circulation routes. These maintained grass edges edges will transition into managed natural meadows, which will then transition into forest edge and forest floor.

By mowing these edges of pedestrian and paths, the emerging forested area will intentionally frame and showcase, helping visitors understand that this is a purposeful and managed landscape.

These managed meadows and forest edges will support the long-term health of the growing woodland while contributing to rainfall mitigation within the Southern Rivers watershed, just as hundreds of acres of forest have been doing for centuries. Thank you.

Thank you, Billy.

The next feature speaker is Gretchen Hill.

And then Heather Courtright, if you'll come down.

[clears throat] Good evening.

Good evening, Mr. Mayor, members of Council. I'm Gretchen Hill. I'm here on behalf of the Hampton Roads Chamber and we are in full support of this project.

We have discussed it at length even at our recent board meeting and we are in part because it provides additional housing stock, which is critical to people moving to the area. We invest a lot in economic development. Now, we need a place for them to live when we get them here. And of course, the golf course would provide an additional tourist attraction for people to attend and use and I appreciate your time

tonight. Thank you.

Thank you.

The next speaker is Brian Bowers. And Jenny Per- Jenny Perry, if you'll come down.

Good evening. Evening, Council. Uh my name is Brian Bowers.

My my wife and I have lived in Indian River Plantation for going on 11 years now.

Um here in support because this is exciting.

Um a lot of people here to support this.

Um could best be summed up for us.

I have a picture of my daughter playing on the the golf hole at this golf course when she was almost 3 years old. Two two years seven months, she'll be turning 10 in June.

So, this has been seven years of disrepair for all of us. And I frankly am very excited about the prospect of having a functioning golf course back amongst all the other things. And kind of my my main thing here is if not this plan now, then what? You've got private investment here to reconstitute a golf course. Um and if we don't do this, then, you know, what's the next best option? We've been waiting. Um lots of

back and forth. And I just don't see, personally, any other viable option. I was one of those who wanted 18 holes. I did not support the first pass at this when there was no golf um for a lot of the reasons why a lot of people still don't uh support this. But now that there's prospect of golf back involved, I'm fully in support. I don't see another option personally because this property continues to go downhill.

We almost had a large fire two or three years ago now. Thanks to the Virginia Beach Fire Department for preventing any damage to anybody's homes. It came very close.

Uh and then squirrels. I have a personal vendetta against all the squirrels. Um there is a rodent problem in our neighborhood now that didn't formally exist and again the property is just not used and it's really all I can say that anybody else hasn't already covered off so thank you for the time appreciate you coming appreciate you guys the next speaker is David Smith and Cheryl Land if you'll come down

[clears throat] good evening hey good evening I'll start with the formalities my name is David Smith I live in Indian River Plantation and I approve this message excuse me proposal excuse me I support this proposal [clears throat and cough] so my wife gave birth to our youngest child who is an absolute spitfire of a Disney princess just two weeks after we moved into Indian River Plantation

that princess is almost four now she's been staring at the neglected overgrown lot aka the former signature at Westneck golf course her entire lot entire life and lot really undersells how expansive this property is and how present it is and visible in our daily lives and that's why I was compelled to speak tonight is because I just I'm afraid that if we don't accept this proposal then we're all going to be

staring at this wild pest-ridden thicket until my daughter goes to college or possibly longer but now imagine that we could restore this property to its former glory and at no cost to any of us I'm talking about beautiful green open space where we can get outdoors and stretch our legs a golf course that is so pristine that even a hardcore computer nerd like myself may be tempted to learn how to play golf

but most excitedly is a clubhouse where we can kind of come together as a community and just admire how adorable my daughter is together yes I am trying to have some fun with this but no I I hope that this fun does not make light of my some of my fellow community members concerns it's just that I'm for the first time since I moved into this neighborhood I am feeling hopeful

that something good may finally come of this lot this property this space that sits right in the heart of our community before I close I do have to share that while I was practicing the speech with my wife earlier today she only gave me one bit of feedback and that was she was deeply concerned that you would not realize that I have three other children it was important to her that I mention that

so now I can close with gratitude thank you for your time and consideration and if you have any golf tips for me I will sorely need them thank you I can use them too believe me the next speaker is Dana Jean Carroll and then Marie Grindel I think Dana Jean called my wife and she's sick sorry okay thanks Gail Connelly is next and then Marie Grindel and Mark Duhurst if you'll come down welcome sir

hey good evening my name's Gail Connelly and my wife and I have lived in Rosecrest for 18 years I'm now 80 years old I have no interest in a golf course but I do have an interest in purchasing a smaller home such as the garden homes in the developers proposal there is a vocal minority in our Westneck community who are opposing this project but they don't speak for me nor for the majority of the homeowners

I respectfully ask the city council to vote yes and approve this proposal which will greatly benefit our community thank you thank you [cough] the next speaker is Heather Courtright and then Karina Chetty if you'll come down hi everybody I wrote an email so I just like to read that and I did not realize it was here I thought it was at the signature so um a little intimidating all right my name is Heather Courtright

and I've lived in Indian River Plantation for over 15 years and near the former signature golf course on the fifth hole I just wanted to share how this part project matters personally to me living next to an abandoned property has been very unsettling the land has not been maintained for years and there's been no consistent security present as a single mom of a 15-year-old daughter it has been really unsafe for me

personally and my family last year I came across a raccoon true story chased me down my street I [snorts] um I've witnessed witnessed other wild creatures I know Brian actually has a squirrel to catch in his front yard but there has been many um random wild creatures coming in our yard if that wasn't frightening enough but not only the only incident that made me uneasy I was aware of two other

incidents when this first started to overgrow of homeless people being in the property another unsettling memory my daughter and I share a few years back the police were called because they were searching for a mentally troubled man that had taken his clothes off and had hidden in the unmaintained golf course um experiences like this change how you feel safe in your own neighborhood

I [snorts] want this property to to be cared for again that's why I purchased the property and as an active golf course and regularly maintained we would need lighting and well preserved because keeping it like it is makes it unsafe for me to live thank [snorts] you for letting me take the time and I'm sorry I wasn't as funny as the last group no you did great good stuff the next speaker is Jenny Perry

and then Fred Giles Giles if you'll come down good evening hi good evening mayor vice mayor and members of council my name is Jenny Perry and I'm here on behalf of the Coastal Virginia Building Industry Association we are a non-profit trade association representing the residential construction industry in Hampton Roads [snorts] I stand before you today not just to speak in support of a project but to to

speak in support of a solution a solution to challenge we all see feel and hear about every day the growing difficulty for Virginians to find a place to call home across our Commonwealth we are short more than 100,000 housing units that is not just a statistic it represents families delaying homeownership young professionals leaving the region and employers struggling to attract and retain a workforce

when housing supply falls short costs rise and when costs rise opportunity shrinks we believe this project represents thoughtful progress it takes land that has become underutilized and a concern for surrounding neighborhoods and transforms it into something purposeful something sustainable and something that serves our community and while this is an age restricted community it still plays a vital role in

our housing ecosystem by providing appropriate housing options for older residents it helps free up existing homes for families easing pressure across the entire market housing works as a system and every new unit matters [clears throat] equally important this project sends a message it says that this city is willing to embrace smart solutions that we are ready to meet the demands of a growing population

and that we understand housing is not just buildings it's about economic vitality workforce stability and quality of life as you look ahead to future planning efforts in the comprehensive plan projects like this set the tone they show what is possible when development is done right when it balances growth with stewardship and opportunity with responsibility tonight you have the opportunity to move this vision forward

on behalf of CVBIA I respectfully urge you to approve the Preserve at Westneck and support the positive lasting impact it will bring to our community thank [snorts] you for your time and thank you for your leadership thank you for coming the next speaker is Cheryl Land and Jim Cox if you'll come down good evening mayor vice mayor Wilson and council members please thank thank you for having me here

thank you Mr Shulman as I live in Baylake Pines next door to Chick's Beach for those who don't know where that is and Mr Shulman has been a great supporter just last night I was at our Civic League meeting where we were represented with 52 condo units to go on Shore Drive now they've been fought for years the whole project Marlin Bay you may have heard of it but I believe and this is has to go

through approval but I believe it will get approved and there's probably not a homeowner in my neighborhood that is happy that condos are coming however it could be worse I look at this project 143 single family homes where Virginia Beach is desperate for housing.

I'm a Virginia Beach not native, but I've been here 45 years. I've raised my kids here, and I have one who's about to get married and just moved to Norfolk because there was nowhere of affordable housing. I really look forward to this senior living housing, the over 55.

I'm the seniors. They're only 55. But I look forward to that where friends of mine can move into these homes and free some space up for the 30 and 40-year-olds who can't afford to live in Virginia Beach.

So I I fully support this project. A defunct golf course for the last 6 years has is an eyesore, and if it could have supported itself before, I believe it would have. I think the benefit of Mark Leishman, it's a perfect project. I highly support it as a strong civic member of Virginia Beach, and I hope you will, too. Thank you. Thank you for coming.

The next speaker is Marie Grindel, and then Brian Burnett, if you'll come down.

Good evening. My name is Marie Grindel, and I appreciate the opportunity to speak about the redevelopment of in the proposed for the for for the former Signature Golf Course. My husband and I have lived in Rosequest Village at Westneck for 15 years.

For many of us who live in and around Westneck, the property was once a defining feature of our community. It provided a beautiful open space, recreation, and a sense of identity for the neighborhood, and of course a beautiful 18-hole golf course.

Since the course's closure, which was through no fault of our own, the land has unfortunately sat unused and deteriorated.

We all know that this property cannot and will not remain undeveloped forever, and to think otherwise is simply a pipe dream.

That is why this proposal to redevelop the property as a nine-hole golf course with limited housing deserves serious consideration.

This proposal represents a balanced and thoughtful approach for the future of this property. First, this proposal preserves significant green space, rather than covering the entire property with dense development, a large portion of the land will remain open and recreational. A nine-hole course reflects the modern direction of golf, more accessible, easier to maintain, and perfectly suited to a community like

ours. Second, the limited residential component fits the character of Westneck as a 55-year-old neighborhood.

Communities designed to for active adults typically generate less traffic and impact on infrastructure than that does not affect how the the city. There are no school buses, no school crowding concerns, and generally fewer daily commuter trips. That leads directly to a concern many people have concerning traffic. Any development will bring traffic, but compared to what could potentially be built on this

property in the future, a nine-hole golf course combined with a limited number of age-restricted homes will likely generate far less traffic than a fully built residential project. Another concern is temporary inconvenience during trap during construction.

That's understandable, but leaving the property vacant and declining in a long for is not a long-term solution. Responsible development redevelopment ensures the land is maintained, productive, and an asset rather than a liability to the neighborhood. Most importantly, this plan restores something that Westneck residents valued for many years, a beautiful green centerpiece for the community.

Brings back recreation, protects space, and allows the property to be cared for and maintained again. I used to love walking in the neighborhood. It's well It was well taken care of in a beautiful setting. Now, Thank you very much, ma'am.

Thank you. Appreciate you coming. The next speaker is Mark Dewhirst, and then Stacy Galbraith.

If you'll come down.

Good evening. Uh my name is Mark Dewhirst. My wife and I have lived in Indian River Plantation since 2018. It's the longest place we've ever lived in our lives. The army deploys us quite a bit so.

I recommend this uh the passing this proposal for the Preserve at Westneck, a common sense practical compromise to a situation that's larger than the Villages of Westneck. It affects the whole city of Virginia Beach.

This proposal is on privately owned land and is an infill redevelopment project.

It does not take in any additional agricultural or public land to be developed. The Preserve at Westneck will give the city much-needed additional affordable 55-plus quality housing in an area that is already a 55-plus community.

Density should always be considered, but remember back in the day it was decided that the density should be a one-to-one unit to acre, based on the lack of public utilities and the general rule that a house on a well and septic required an acre of land. I ask you to consider, is this measurement still valid today? How many areas in the transition area meet or even come close to the one-to-one unit per acre?

This proposal brings a little cost to the taxpayers for stormwater management to neglected retention ponds.

The Preserve at Westneck will restore and enhance the neglected open green space of the former Signature Golf Course that will be properly managed by the new golf course and the home development. No project is ever perfect or will make 100% of the people satisfied or will ever fully meet the guidelines of the comprehensive plan.

This proposal meets an overwhelming majority of the guidelines in the comprehensive plan.

Leaving the land as is is not viable, and we all lose.

My final thoughts for your consideration and reflection.

The loser says it's possible, but it's too difficult.

The winner says it's difficult, but it's possible.

The loser sees a problem in any answer.

The winner sees an answer in every problem.

The loser is always part of the problem.

The winner is always part of the answer.

This proposal from the Leishmans, this Mr. Skinner, and the others make them winners. A practical compromise, a common sense solution. Thank you for your consideration and also your service to our city.

Thank you.

The next speaker is Corina Chitty, and then Colleen Craig, if you'll come down.

Uh good evening. Thank you. My name is Corina Chitty. I have lived in um Westneck Villages since 2012, 2 years at the uh Browning Stone condos on the 16th hole.

It was gorgeous back then, and we've been living um in Rosecrest in the back for the past 12 years. So um I'm really kind of done talking about the negative um because I think the opposers um cannot see the forest through the trees. I think they're stuck in quicksand. I am support of the Preserve and what has been proposed to all of us.

[snorts] Um they see a dead space, we see a recreation land, a path to growth, and that's what these people have proposed as a group.

I anticipate and would hope one day to buy a house, one of the Southern Living homes with the pool, for my mom, a mile down the street where I could either walk or canoe ride.

They have a lot of great plans. You've heard all of the good things that people have spoken and will speak of tonight.

There also is going to be a restaurant and a pro shop. That means taking her out to eat and a little bit of shopping every once in a while.

Now, as for the nine-hole golf course, it's going to be a high-end experience with tournaments, fundraisers, and especially Father's Day and Mother's Day. I'm sure they have lots of great opportunities that they've been thinking about.

Lastly, since we are so close to Excuse me, the convention center down at the ocean front, why wouldn't they propose to people tourists in the area for a half-day golf course excursion? Why not at a high end?

It'd be nice. There's endless possibilities.

Please ignore the background noise.

Let us put new roots down, grow, thrive, and move forward.

Thank you for your time.

Build it, they will come.

Thank you.

The next speaker is Fred Giles, and then Colleen Craig, if you'll make your way down.

Hello. My name is Fred Giles, and I live in I R P since 2020.

I'm one of those that has opposed every proposal to repurpose the golf course for the last four or five years.

I just felt like it was kind of a land grab by the owner with no benefits to the residents, both I R P and Westneck.

But this this proposal is different.

We have a chance to breathe life back into the golf course, albeit only nine holes, but it will still add substantially to both neighborhoods.

I'm not a golfer, nor do I live on the golf course, but I walk or drive by every day where the proposed nine-hole golf course will be restored, and I think every resident in both IRP and Westneck can appreciate the beauty it will restore to neighborhoods.

I feel very fortunate that we have somebody who stepped up and is going to devote their time and money to this endeavor. It's a big endeavor.

And you know as well as anybody how much personal time it takes on a big endeavor like this. I think they'll be spending a lot of personal time to bring this and get it up and running where they'll be proud of it.

I know it's not a perfect solution, or we wouldn't be talking here tonight.

But nine-hole nine-hole golf course and 143 additional homes in the middle of 243 homes residences in the IRP and 900 and plus residences in Westneck does not seem like a big compromise to me.

And lastly, if we don't go forward with this project, what do you think's going to happen? It's been 6 or 7 years, and there's no other prospects out there.

It's just going to get worse and worse.

And that's that's it. I do thank you for your time and thoughtful consideration on this. Thank you.

The next speaker is Jim Cox.

And James Vanderpool, if you'll make your way down.

Good evening. I'm Jim Cox, a resident of Westneck, and I'm a favor of this proposal.

You know, there are many reasons why this development should be approved, but I will start with the uphill battle and obstacles put in place to shut out those in favor and a barrage of verbal attacks residents have had to endure in Westneck.

Our board has never directly engaged nor invited the developer to talk to the residents.

The board refused to even have open discussions.

Sotar, I'm sure you've all heard of that, um is not a board-sanctioned program that gets full access to our village hall and all our Westneck media sites.

Sotar has used highly aggressive actions to instill angst and fear.

Here are two of many slide presentation statements to residents.

Construction will be 10 years of terror.

Emergency vehicles will not be able to get through. Now, these simply are false statements for obvious reasons.

There are too many There are too many social media I'm sorry. Here are two of many social media comments that Sotar members say to residents that they disagree with.

You continue to be ridiculously irrelevant. Zip it.

Your opinion in this inactive minor your opinion in this inactive minority, so I suggest you sit down.

For 2 years, these Sotar tactics and attacks have not let up.

Many residents now favor development and are extremely afraid to speak out for fear of retribution.

That said, this is an excellent compromise. If approved, it establishes a top-level nine-hole golf course that the communities can play.

It increases Westneck's open space by 1,000% from 4 to 40 acres, and that does not include the the golf port golf course portion.

It reopens the clubhouse for everyone to enjoy and begin socializing together again.

Importantly, it will upgrade the lakes to mitigate flooding and meet current and more stringent water contaminants containment standards.

It redirects Westneck focus on neighborly engagement instead of the current gaping rift between anti-development Sotar and residents in favor.

And it will provide additional much-needed housing within the city of Virginia Beach.

Now, if it's not approved, Westneck really ends up with nothing. The golf course is gone, open space is gone, a private owner with a possible fence erected to restrict access.

If we don't own it, no control over it, and can't access to it, this is not open space for us.

And lastly, the community remains deeply divided.

So, which asks the question, how many more years will Westneck stagnate?

So, I'm asking the city council very much, sir. Appreciate it. Oh, sorry.

No, great. Thank you. The next speaker is Brian Bernett.

Suzanne Feldman, if you'll make your way down.

Good evening.

Hello council.

My name is Brian Bernett. I live in Indian River Plantation. I'm requesting the council's approval for the Preserve at Westneck.

I've lived in Indian River Plantation for 10 years. Unfortunately, for the last 6 years, the former golf course has become an eyesore.

This development will eliminate the overgrown mess and replace it with a golf course and much-needed senior housing.

The 143 age-restricted homes will address a citywide housing shortage that has been identified by the Hampton Roads Planning District Commission.

Nine-hole golf and open space promotes active lifestyles for residents and neighbors.

And we've waited a long time, and now we finally have a viable plan to solve this years-long problem. So, I would just ask that you would approve this, and thank you for your time. Thank you for your time.

The next speaker is Stacy Galbreath.

Bob Feldman, if you'll make your way down.

Good evening.

Hi.

Stacy Galbreath. We moved here in 2017 from Heritage Park after my dad purchased a condo in Westneck.

We We purposely purchased our house to be near my dad because it was the only only community of its kind in Virginia Beach, and the golf course was a huge draw.

We shared several breakfasts, Mother's Day brunches in the clubhouse, and when it closed, it left a huge void in our community.

This proposal I'm in strong support of because it brings life back to our community, walking trails, accessibility to golf.

Um basically, everyone else has said pretty much the same thing, but just wanted to speak on my own behalf. Thank you. Thank you.

The next speaker is Colleen Craig.

And then Andy Galbreath, if you'll make your way down.

Good evening. My name is Colleen Craig, and I am a resident of Westneck. When my family moved to Virginia Beach in 2010, we became members of the Signature Golf Course. Like many, we were surprised with its sudden closing in 2019.

Over the last 15 years, my husband and I often talked about moving to Westneck when we retired. And this past July, we purchased our retirement home there. You might be thinking she doesn't look old enough to live in a 55 and over community. I turned 55 in November. We qualified because my husband's a little older.

Lord willing, I hope to enjoy the next 30-plus years in my home in Westneck.

[snorts] The proposed project will affect my life for decades, just not a few years like some others.

Um And I I don't mean that rudely. I'm just saying I'm 55 years old. I still have years to live.

When we purchased our home, we were well aware of the condition of the former Signature Golf Course and the eyesore it had become. We also understood that there had been an ongoing effort in the plans to restore and revitalize the property. It has always been our hope that the area would be brought back to life in a way that enhances the community as it once did.

[snorts] Some facts I wanted to go over that probably other people might not know or looked at. Since Harrison and Lear has started working with the property owner, 93 of the residences in Westneck have sold or currently under contract. That's 10% of the 936 residents in Westneck.

So, sales are not a problem in the neighborhood. The most recent house closed was $670,000.

So, pricing is not an issue in the houses in Westneck.

On Majesty Lane and Wonderland Court, the proposal shows 29 houses being built behind the 25 existing houses there.

Only two of those 25 existing houses are original owners. So, people saying that they paid a lot premium to be on the golf course, there's only two of those original owners left. Even if you stretch that to include the four homes that back up to Cadence Lane and the city pump house, only one of those four owners is an original owner.

So, that's three owners of the 29 now houses that will back up to these new houses that paid a lot premium.

Um another thing that I looked at was the Sotar members say that there's 900 residents in Westneck that are members.

I've never once been approached by Sotar in the 9 months that I've lived there.

I've never once gotten a flyer from them, nothing.

Um I've been told that there's a thousand SOTAR members, that there's 1,500 SOTAR members. Yet, their petition that they put online only got 1,100 um signatures.

much. Appreciate you coming.

The next speaker is James Van Der Pool.

Rob Huffman, if you'll make your way down.

Good evening, City Council. Thanks for the opportunity. Uh this is my first time, so I'm really excited.

Uh a little bit about myself. Uh I'm a local here, was born, went to Ocean Lakes High School, went on to TCC, and graduated from uh Norfolk State. Um also, I've been in the real estate sales business the last 10 years. I've also been a real estate investor a little over 10 years. And I'm here to say I am for the project. The 143 restricted homes, 55 and up, address a documented citywide housing crisis. It's a

low-impact way to meet housing demand.

Also meaning no school-age children, lower traffic generation, and a demographic that values quiet and stability.

Also, property's value will increase.

Homes with golf views will see the greatest benefit, but the entire neighborhood gains from restored golf the restored golf course. Thank you for the opportunity again.

The next speaker is Suzanne Feldman.

And Amy Feldman, if you'll make your way down.

Good evening. Good evening. My name is Suzanne Feldman.

Mayor Dyer, Vice Mayor Wilson, and council members, good evening.

Change, often times difficult to imagine or then to accept. My husband and I moved to Westneck 22 years ago and have been through many changes, but nothing like this.

I'm speaking in favor of rezoning The Preserve. In an effort to respect your time and not be repetitious, I will speak on another topic than most others.

With additional housing, there will be an increase in mostly 55-plus drivers.

As we age, there are a variety of gradual physical and cognitive changes such as head turning, decreased vision and and hearing, sensitivity to glare, and slowing reaction times.

The intersection that will pose the most significant impact is Westneck Road, Signature Drive, and Ten Barn Way, which is the entrance to Kingston Estates. Ah, Kingston Estates, let me digress for just a paragraph here. Those opposing this rezoning are claiming that to build 143 homes and revive the nine holes of golf will take upwards of 10 years.

Kingston Estates, according to records, comprised of 153 homes, was completed in six years.

When Kingston Estates was being built out, the Westneck community was absolutely outraged that the city was not going to put in a traffic light.

Harrison and Lear has proposed the installation of a light and at no expense to the taxpayers.

Why is this important? When Westneck and IRP residents are exiting the community, there is a clear view to the right.

However, when you're looking to the left and there is traffic, there are four lanes that need to be crossed. The first lane turning into Westneck, the bicycle path, the through lane, and then the left turn into Kingston Estates.

It's a very wide turning arc that is not always easy to navigate.

Heavy-duty trucks returning to Pungo along with others are well exceeding the 40 mile an hour speed limit. A traffic light is a positive safety solution for not only our Westneck community, but also for the families of Kingston Estates, Eagle's Nest, IRP, and Kellam student drivers.

With all that has transpired in the last seven years, my overarching concern is tamping down the toxic environment we as a community find ourselves enveloped in.

Most of us are looking for a return to civility among neighbors. An approval of The Preserve at Westneck will allow us to move forward in a positive direction without the possibility of once again standing before you at a rezoning request. Thank you for your service to Virginia Beach.

The next speaker is Bob Feldman.

And Dana Bradshaw, if you'll make your way down.

Good evening. How y'all doing today?

Good, I hope.

Um I'd like to thank you for your time and listening to all of us.

Um I've been a resident of IRP for three years.

The whole time I've lived here, it's it's been a forest and a woodland over there, weeds.

Um I think this is a good solution.

Um and I certainly hope that the idea of perfection doesn't become the enemy of the good.

So, I think this is a good solution and I hope it's adopted. Thank you.

Thank you.

The next speaker is Andy Galbraith.

Eleanor Massey, if you'll make your way down.

Hey, um good evening. My name is Andy Galbraith. I live in Indian River Plantation. I've been there since 2017.

Thank you for your time as as others have said. Um we have talked about the history of uh this place, the legendary golf course we had there, the 18-hole course that was there when we moved in, the beauty of the course, the shared pride we've had with the neighborhoods, uh and the camaraderie between the residents uh both with the golf and the clubhouse and just the walking areas.

Um we've also talked about the sale, uh the subsequent neglect of the property, the deer in front yards we've seen, the rodents, the fire, and all these disputes about how to move forward.

Um tonight I just want to share uh a few reasons why I am in favor of the current proposal.

I'm excited about it, actually.

[clears throat] Um so, the publicly shared website uh for The Preserve I thought was very uh well done, very informational, professional, and thorough.

And also, there was a town hall meeting I attended just [clears throat] for more information in January that went into even more detail.

Um the plans are meticulous.

They're uh comprehensive and they are balanced, looking at all the aspects of things.

So, um it's very uh evidently been formed after extensive market research, strategic planning for our specific area in Virginia Beach, and modified through uh input from others, you know, inviting input from others.

So, if you didn't know any better, you'd think that [clears throat] people behind this plan actually knew something about the city of Virginia Beach and even our neighborhood and that they really wanted to do the right thing here.

And then you realize, "Oh, these people are neighbors. They're in the neighborhood. They are invested in this community and this city just like me, just like my family."

Uh they do know about the history of this course. They do know about some of the drainage issues we've had in our area.

They do have family here spanning at least three generations.

Uh and you say, "No wonder these are our type of people." And hey, they know a little bit about golf.

So, that's a plus, huh? They don't want to just set up a couple holes and a few sand traps. We're looking at a state-of-the-art course, um highly desirable, the whole area, the clubhouse, the walking area, the open areas.

Um [snorts] that's uh due with the input from an expert design company, a golf operations manager, uh and it looks like an all-star plan to me.

Uh no taxpayer money needed. So, yeah, I'm excited about it and [clears throat] I continue to be respectful of others, other interested parties. I'm open to other reasonable proposals.

But let's face it, this plan's pretty sweet. Uh and it's backed by credible people that we know.

I'd have a difficult time imagining we're going to hear anything this comprehensive with this much backing or enthusiasm.

very much. Yes, appreciate it.

The next speaker is Sorry. The next speaker is Rob Huffman. Jimmy Harvey, if you'll make your way down.

Good evening.

Good evening, Mayor, City Council. My name is Rob Huffman and I am a uh resident here in Virginia Beach of Courthouse Estates. And I'm going to come at it from a little bit different angle, simply first world problems. Um I am a 1997 uh graduate of the PGA of America Business School and have my degree in business and professional golf management. I've been a PGA member since uh 1997

and recently received my uh amateur status back. I'm going to come at it from a different perspective as as far as the golfer is concerned.

Since uh since Signature shut down and since COVID, uh I've been a uh member of Virginia Beach National. Since then, we have gone from 33 rounds to 45,000 rounds. That's a That's an increase of almost 27%.

And so, my kids started playing golf last year and one of the things that we love to do together is spend time on the golf course, especially nine holes because it's a little bit quicker. In the Virginia Beach National, uh they we reserve times for members and it's and it's hard to get on. And to be honest with you, it's oversaturated.

Uh one of the reasons I'm in favor of this is it gives me an opportunity to play with my kids, nine holes after their work, and nine holes after my work, and I'm hopefully going to see a great practice facility. Again, first world problems, but people are shanking balls between my legs. They are hitting balls every It's It's oversaturated with people, and it makes it hard for competitive golfer to be able to

practice, spend time with the family, even just Saturday when it was nice outside. We went and tried to find a place on the range. Had to wait 20 minutes just to get a place on the range at Virginia Beach National. So, just by opening up a golf course gives a better opportunities for the family, better opportunities for competitive golfers, and an opportunity to share a place together in the community. Thank you for

your time.

The next speaker is Amy Feldman.

Marcy Rush Rush, if you'll make your way down.

Hello. Good evening. My name is Amy Feldman. I live on Stonewood Drive in Indian River Plantation, and I'm in favor of the proposal of the preserves at the Westneck project. There are so many positives that we are hearing and that we know about with this project, but the one that I want to focus on is the installation of a stoplight that Susie Feldman referenced just a few speakers ago at the entrance to Westneck

that will be installed by Harrison and Lear at no cost to the city. This stoplight not only only benefits Westneck residents, but also Indian River Plantation residents and Kingston Estates across the way from Westneck Road.

IRP residents use this intersection as it is a convenient way to get in and out of the development. This is the intersection that I primarily use, and when I am out and about, I will be using that intersect or that entrance uh several times a day.

It will make the intersection much more safe. When exiting onto Westneck Road, when you turn left, the traffic lanes There's several traffic lanes. There's a bike lane that that comes right through to the intersection, and on the other side on the right-hand side, the bike lane is gone.

So, it can be very difficult to turn left onto this road.

The preserves at Westneck will include the installation of the stoplight at no cost to the city.

The estimated cost for this stoplight could be well around a million dollars, I've been told. That's a lot of money that we would save.

This project will have so many benefits to our community. I am very much in favor of it, and I thank you for your time this evening.

The next speaker is Dana Bradshaw.

Mike Burr, if you'll make your way down.

My name is Dana Bradshaw. This is my wife, Charlene, actually. I and we are residents of IRP, and our home actually we are speaking in support of the proposal because we live actually where we face the old former golf course, the signature former signature.

And we've seen the increase in the foliage and the lack of maintain maintenance that ended up ultimately in this fire that she is illustrating here, which we saw from our backyard.

So, that's me actually standing there as we watched the fire, and we were seeing it spread towards our neighbors. So, obviously that was a big concern of ours is the lack of maintenance of the golf course and the danger that that We don't want to be a Paradise, California.

Uh definitely.

Uh but I also want to speak in in on behalf of our neighbors who are Audrey and Mark Leishman, uh who live just down the block from us. And they are good neighbors. Audrey Leishman's been in Virginia Beach since age four.

And they are not an outside developer that's going to leave and develop and go and take their money and run. So, they are dedicated to doing a golf course, doing the right thing uh because that's also in their backyard.

And so, uh that is something I want to reassure you that they are Virginia Beach folks.

Their families live there. They also live in IRP, and they are dedicated to being here and being good citizens, and we know them as good neighbors.

Uh and the last thing is, you know, it's going to add some affordable housing, which we definitely everywhere needs.

Uh some of us are going to downsize at some point, and we could be Westneck neighbors at that point.

[snorts] And so, again, thank you very much for considering this uh and thinking very seriously about these improvements, which we think are a good thing.

Thank you very much. Thank you.

The next speaker is Eleanor Massey.

And Bill Chitty, if you'll make your way down.

I'm Eleanor Massey, and I live in Rosecrest Village at Westneck.

There's been a lot of talk of what might happen if this proposal goes through, but I'd like to focus on what will happen if it doesn't.

The present dense unsightly mess that was our golf course harbors poisonous snakes rats and other vermin, which threaten neighboring residents.

This overgrowth presents a serious and demonstrable fire hazard, which will continue to threaten our community.

The obvious failed stormwater removal system will only get worse and will continue to exacerbate the flooding threat to our community.

Some of our neighbors will be affected more than others during the reconstruction period, but in the long run, this proposal is the best outcome we could hope for and will bring many benefits to the Westneck community and Indian River. Thank you.

The next speaker is Jimmy Harvey.

Marshall Feldman, if you'll make your way down.

How do you do?

Anybody here live in Virginia Beach since 1968?

Look at that. Okay.

I've seen a lot. I've been to Plaza Junior High School, Windsor Oaks Elementary, Kempsville High School, the original one. I think what they did to Kempsville High School was a good thing.

That worked out, in my opinion. I live in IRP now since 2003.

We would love the neighborhood. We had the most beautiful golf course in the city.

It wasn't PGA length, but it was most beautiful golf course.

When all that went down, I was upset.

And I would vote for another 18-hole golf course, but I know we're here to vote for the nine added to the proposal at a minimum.

That's my vote.

Um less people and more more [clears throat] golf course. So, thank you.

Thank you for coming.

The next speaker is Marcy Rush.

Saline Rush Raja, if you'll come down.

Make your way down.

Good evening, everyone.

I'm Marcy Rush, and I have lived at Westneck for 16 years, and you are going to hear me.

I'm here to represent the silenced majority who have been scared into silence by a group of bullies known as SOTAR towards anyone who wants change and is excited about the new plans for the former signature golf course.

With threats and intimidation towards anyone who does not agree with them, they are called out in meetings as traitors or working for the developer if they do not speak if they do speak up.

SOTAR members are told to stay vigilant and report any anti-SOTAR initiative in the community.

Two days after I spoke at the Planning Commission and exposed their conduct, I was called out on social media as a as having zero concept of love thy neighbor and enjoy your free new home from H&L in exchange for screwing over your neighbors.

Indian River Plantation was also called out and in out as entitled and selfish people.

SOTAR has also weaponized the Freedom of Information Act, causing fear of retaliation if owners write to the city.

So, you didn't get a lot of letters. I think you got some, but they're afraid They're They told me they're afraid.

SOTAR leaders took over the community meetings. The developer had to answer questions for the owners.

Planted people throughout each meeting the entire day to disrupt and stop legitimate questions being asked.

Later that same day, there was a Westneck board meeting with the newly elected board where a SOTAR representative stood up and screamed at the board, "Get on board with SOTAR or get out."

Since the Planning Commission meeting, SOTAR has initiated has intimidated some of these board members and has taken control of the Westneck board again.

You will hear from the board today and the community attorney.

They do not represent the silent majority, but the community will be paying that attorney to speak.

The Westneck board was asked several times to take surveys to determine who wanted change and who agreed with Saugatuck and was refused both times by the Saugatuck dominated board. It seems like they wanted to shape their own narrative rather than have it challenged by actual data.

There are approximately 1,400 residents living at Westneck and we are pleading with the city council do not let the majority rule and leave us in the weeds and constant threat of fire.

Thank you. I appreciate your time.

The next speaker is Mike Brewer.

Tim Keating, if you'll make your way down.

Mike Brewer is next.

Good evening.

Good evening.

I'm Mike Brewer. I've lived in Indian River Plantation for 23 years.

I love gardening and my backyard is an elaborate garden which is designed to utilize the view of the golf course.

Right behind my lot is a lake bank of about 20 ft and then there's a lake.

Then there's a fairway that runs perpendicular to my property.

Then used to be a row hedge of beautiful red roses.

Then another fairway and then a stand of trees.

Um [clears throat] uh before I signed on to buy my lot I wanted to know what was going to happen behind there.

I met with Dickie Foster who was a developer for both the golf course and the surrounding houses.

He was not a gardener or a golfer.

He took me around the golf course in a golf cart and kept pointing to the golfers and he said, "See those guys?

They're paying for my garden."

Uh he he sold the golf course as a tribute to his mother and his sister who were both big gardeners. He was proud of what he had built. He assured me that nothing would be built behind my house.

I paid a premium for that lot.

Now I can't even see the lake because of all the trees and shrubs and tall weeds that are growing on that bank.

[snorts] Um then on a Tuesday in March 2 years ago we had the fire.

Uh for me it was a desperate comedy show.

It was a very windy day and the wind was blowing in our direction.

My sprinkler system and outdoor faucets were shut down for the winter.

I had to go out to the street and open the city water main to my yard. When I did this, water was shooting out of all the open valves. I had to run around the yard and shut them down.

Then I had to get to my longest hose out of the garage and bring it to the back of the yard.

I then pathetically tried to wet everything down in the back part of the yard.

My neighbors were as panicked as I was.

We were all trying to quickly decide the best thing to do, what to save.

Luckily the firemen showed up. It took them a while because they had to piece several hoses together to the reach the backyards of the homes in danger.

Now nothing has changed. The weeds look like they did the day of the fire and today is another windy March Tuesday.

[snorts] While I would prefer an 18-hole golf course I think this offer worked out with the Leishman's and the current owner is the best proposal we are going to get and it probably is the only offer that will come our way for some time.

So I support it.

Appreciate it.

Thank you for your consideration.

Thank you. The next speaker is Bill Chitty.

Brian Levine, if you'll make your way down.

[clears throat] Mayor Thank you.

Yes, welcome.

Good evening.

Um thank you for [clears throat] setting up this meeting and give us the opportunity to speak.

Uh my name is Bill Chitty and I've lived in Westneck for approximately 14 years.

I was living there when it was an 18-hole golf course and I've living there now and been there since the golf course has closed.

And I've kind of seen the neighborhood go in a steady decline.

Uh I believe there are three types of people involved in what has been going on since the uh new owner of the golf course and the uh development and the proposals they've been uh trying to propose.

Uh those that oppose it those that approve of it and those that don't care either way.

I think those that oppose it would [clears throat] love to have the 18-hole golf course back and I think everybody would like that.

And I think that was [clears throat] a pretty much shut no, it's never going to happen right from the get-go.

And the problem with those that oppose it, I have not heard anything else as far as an option, what else can be done.

Um I think those that are for it would really appreciate the new homes uh with nice yards new development and the up keep of the open spaces. Also a restored nine-hole golf course.

Um revitalized clubhouse and prac- practice facilities.

Uh those who don't care either way would be happy when the development is completed and a revitalized neighborhood is functioning.

I support this project and hope you will approve it. Thank you for your time.

Thank you, sir. Appreciate it.

The next speaker is Marshall Feldman.

Mary Mary Whitwer, if you'll make your way down.

Good evening.

I'm Marshall Feldman.

Susie and I have lived in the Villages at Westneck for 22 years.

We have experienced both the success of our community and the challenges created by the closure of the Signature Golf Course.

That was a defining feature of our neighborhood.

What followed was years of disagreement often contentious and what should come about.

Subsequently the transitionary guidelines became central to the debate.

For some the guidelines represent opposition to any other alternative than restoring an 18-hole golf course.

Yet the transitionary guidelines were never a guarantee that our way of life our retirement years would remain untouched by change.

No community is immune to evolving realities.

Unfortunately disagreement gave way to distrust.

Lawsuits, verbal abuse and disingenuous narratives replace collaboration.

A cooperative approach among stakeholders might have spared the community years of anger and hostility.

The Preserve fills an urgent need.

Senior residential housing for a growing Virginia Beach population comparable with the Villages at Westneck.

Mr. Mayor, council members this is a decision between stagnation and thoughtful renewal.

The Preserve respects the character of an established 55 plus residential community while restoring green space reintroducing golf and welcoming new neighbors who help who will help strengthen Westneck's future.

The Villages at Westneck have been strongest when it looks ahead not behind.

After years of uncertainty this moment yes, this moment offers something we have been waiting for a chance to move forward.

Thank you.

Thanks for coming.

The next speaker is Saleem Raja.

Euclid Cruz, if you'll make your way down.

Good evening, Mr. Mayor, city council.

Thank you for letting me talk. Um I spoke for the first time on this matter at the planning commission. I mentioned then that I don't play golf. I don't know anybody involved on either side. I've lived in the neighborhood on Stonewood Drive for 19 years.

And I've never been involved in something like this. I leave it to motivated members of the community and you all to decide. But I never expected it to go on this long.

I said it in the other one, my wife sent me down here to say this enough. Okay?

Um several of us, Tom, my neighbor and I, we take care of several of the people's lawns behind their house if they're elderly or need help to keep the firebreak. We've been the one attacking the rodents with traps and keeping the snakes out of people's yard. And again, I don't care what it is back there. If the houses were behind me, I would be fine with it as well. It's just gone too long. And I understand

that you've had these rules in place for a long time, but time has changed. The need for land that perks, an acre per house, that's gone. Nobody uses wells for drinking water anymore. I ask you to help us adapt. This is a one-time thing.

It's a small, perhaps 9.9% increase in the open decrease in the open space. There's no more uh draw pressure on the schools. It's an elderly community. It's wonderful. The other side of the neighborhood, Westneck, they have their community center. We're not allowed to go there, but they can all come to the golf course. We always did that.

So, I don't have any detail at all that someone hasn't already mentioned. Thank you for your patience. I just want my wife and I to be counted as people that uh are for this proposal. Thank you very much.

The next speaker is Tim Keating.

Alice Steel, if you'll make your way down.

Good evening, Mr. Mayor, council members.

My name is Tim Keating.

My wife and I have lived in Indian River Plantation since 2010.

I had the privilege of serving in your Navy for 43 years.

Retired as a four-star.

My wife and I moved 25 times in those four decades.

Our last assignment took us to Honolulu Hawaii.

Not a bad place to live.

And when it came time for us to take off our uniform for the last time, we compiled a list of places we might consider for our quote golden years.

Singapore, Perth, Hong Kong, Tokyo, San Diego, Boston, New York City, Washington D.C.

We selected Virginia Beach. We selected your city.

We selected Indian River Plantation.

And that location was attractive to us because of the ambiance, the facilities, and family.

I come to you tonight asking for your support to restore Indian River Plantation and Westneck to that site that we chose in 2010.

Thank you for your support. Thank you for coming, sir.

The next speaker is Brian Levine.

Richard Whitwer, if you'll make your way down.

Good evening. Good evening.

[clears throat] Hello, city council members. Thank you for hearing everyone tonight. It's greatly appreciated. Uh my name is Brian Levine. We live on Nessabuck Trail in Indian River Plantation. We moved here 6 and 1/2 years ago, and coincidentally, the golf course was closed shortly after that. Unfortunately, we never were able to take advantage of that great neighborhood amenity that so many people

did and enjoyed. I'm here tonight to share my support of this great opportunity in front of us. This is really the only realistic option we've ever had and ever will have.

I also want to reiterate some new information that you probably heard tonight that I think strengthens this proposal.

For 6 years, there've been 200-plus acres of community space stuck in private hands that the community couldn't control.

It has been said that if we own this space, we would have done something with it a long time ago, but could not due to not having ownership.

In recognition of this concern and the concerns about the ramifications of potentially breaking the previously proposed lease, should this get approved, the owner has graciously decided to give the golf course open space and trails to the Preserve community.

If anything were to happen to the golf course, the community, not the city or anyone else, would be able to determine what appropriate next steps would be.

The new Preserve residents will be our neighbors, and there's still an option for discussion for the existing nearby communities to participate in the ownership if that is what is decided.

Please also be reminded that the proposal for new homes is directly tied to the current plan for the nine-hole golf course and accompanying open space and trails. This is the only option for today and tomorrow.

The owner has been extremely flexible to meet as many of the community requests as possible, and that has been proven many times over. None of these concessions were required as this land could just sit there if that is what the owner wanted.

While the Leechmans have been very patient over the years and have committed their own time and money, again, in the spirit of partnership, the owner has decided to give the land to the community. It cannot be lost on anyone that this is in fact a sacrifice for him and shows the true compromise to do whatever possible to make this deal happen.

As we all know, the Leechmans are our neighbors and absolutely have the best interest of the community in mind with their proposal.

This isn't just a business transaction for them as they are part of our community. There truly is no other option. If this doesn't get approved, the land stays private as it is, overgrown and inaccessible, along with all the other raised neighborhood concerns that you've heard tonight. In closing, I respectfully ask for your approval of this application. Thank you for your time. Thank you for coming.

The next speaker is Mary Whitwer.

Wayne Zen, if you'll make your way down.

Good evening. Good evening. I'm Mary Whitwer, and I live in Indian River Plantation.

Uh in 1999, my husband and I searched all of Virginia Beach and Chesapeake, and we decided we wanted to build a home in Indian River Plantation. The golf course was just a dream, and we were able to, as it was being built, walk the course and uh enjoyed it. Unfortunately, it did shut down, as you know.

I am really in total support of what Mark and Audrey Leechman are proposing.

I'm really looking forward to walking our neighborhood, walking through Westneck, walking the trails that they're proposing, coming home, seeing a beautiful landscape of golf course, and uh not fearing the risk of another fire.

Uh my friends who do live on the golf course, I don't, were really fearful when that fire occurred, and they were out there with their hoses trying to make sure this fire didn't come into their property. So, that's one issue, but primarily, I'm looking forward to this beautiful addition to Virginia Beach because it is the most beautiful city in this area. Thank you very much. Thank you for coming.

The next speaker is Euclid Cruz.

Alice Steel, if you'll make your way down.

Good evening.

Good evening. Uh my name is Euclid Cruz.

My wife and I live on Nessabuck Trail in Indian River Plantation.

Um I grew up in Virginia Beach. I graduated from the old Kellam High School in 1991. Uh shortly after, I joined the Army and traveled the world and uh I've been stationed all over the United States. And like Admiral Keating uh mentioned earlier, once once he left the military, you have your choice of wherever you want to live. In fact, the military would pay for it. Uh so, I had a

a free ticket to anywhere, and I chose to return to my hometown.

Uh when I left the military, I was living in Southern Pines, which is a a little uh golf community right right outside of Fort Bragg. And you know, we lived a mere mile from another very small golf community you may have heard of, uh Pinehurst.

Um I really love the golf culture down there. Everyone's riding around in golf carts, and everything's well-maintained and very beautiful. And it's a worldwide destination for for golfing.

Uh so, we chose Indian River Plantation uh in Virginia Beach. And as I drive through the neighborhood, we see the um uh the result of neglect. And then uh another thing I also see is lots of uh garages with idle golf carts. Every now and again, you'll see one uh driving around, but they're not obviously going to a golf course. They're just using it to go to a friend's house. Wouldn't it

be nice if these people could dust off their golf carts and get them going again, uh make use of this um uh proposed development, which looks very nice. And I'm confident with, you know, a professional golfer uh with a pretty sweet accent, by the way. Um uh you know, with his um input, his design, I mean, this is a PGA tour winner. Um I think he could bring uh a great nine-hole golf course to us, uh

the senior living, uh the stoplight. And and think about the people who spoke in before me.

You've got doctors, lawyers, real estate agents, admirals, uh members of the military, members of the community.

I don't believe anyone who spoke before me is an idiot. I think that their support of this initiative speaks volumes.

Uh that's all I have. Thank you. Hey, thanks for coming.

The next [snorts] speaker is Doug Steel.

Tom Ed Levine, if you'll make your way down.

[cough] Is there Doug Steel? Yes, ma'am. Oh.

Sorry, I didn't know I was up earlier. I apologize.

Good evening, ladies and gentlemen.

Thank you so very much for your time today and in the essence of brevity and brevity here because it is getting late, I just want to say I am in favor of this as a member of the Indian River Plantation uh who's lived there for 3 years and also former service member. It is a beautiful area. We look forward to taking our children on long walks out into those nature natural areas and

enjoying our community. Thank you for your leadership. Thank you.

Thank you.

The next speaker, Richard Whitworth.

Catherine Cruise, if you'll make your way down.

Good evening. Good evening, council members mayor.

Um I very appreciated appreciative of the time that you're giving us to express our opinions and what we would like to see.

When my wife, Mary and I, by the way, I'm living in Indian River Plantation.

My wife was just up here, Mary Whitworth.

And when we saw the course being developed after we moved here in um 2000, so we've spent 26 years in in Indian River Plantation.

We enjoyed the course for many years and the the fact that the clubhouse and everything was a place of gathering for fun and good times.

And for those that aren't golfers, they may not understand how wonderful it is to be on a golf course and look around and see the beauty in the outside.

And we're looking at the very good possibility of a wonderful course being reestablished and and I want to support that.

Um even though it's a nine-hole course, it looks like it's going to be a wonderful design.

Um [clears throat] and I would also like to say I don't see that there's any downside to approving this project.

Drainage gets improved, more housing for 55 and older is created. We get another wonderful neighborhood golf course and that that will be a wonderful time place to a place to spend time.

And I ask that you strongly consider approving um the proposal by uh Lear and the Leishmans. Thank you very much. Thank you for coming. Appreciate it.

The next speaker is Wayne Zen.

Pete Taylor, if you'll make your way down.

[clears throat] I say good evening, council. You know, I've been in in Indian River Plantation for about 22 years.

Uh again, retired from the military from the north end of Dam Neck, Virginia. Uh I've heard the base with special operations for a long time.

Had about a half a dozen different companies built and sold here as well as bringing operations small from Norfolk to Virginia Beach. Working with Jim Spore back in the day and in the council.

One thing I can tell you, I'm you know, I understood see a good deal of what I you know, when I I run across it. Uh and it's all about the people that's involved. With the with the Leishmans, they're involved in this with Billy Almond helping do some of the background work on the landscaping. He knows nothing better for the city, you know, when it comes to landscape architect than these folks. When it comes to doing

a first-class um you know, a event space uh and and and a housing thing that's more community-based, Mark and Audrey is going to make sure it's first-class.

They can put the signature area back on the front page of the marketing material like it used to be several years ago.

Many of you may remember that that it was promoted as being one of the jewels of Virginia Beach and we have an opportunity to do that again.

There's always a compromise from both sides, you know, there's nothing perfect you're going to get. Everyone like to have an 18-hole golf course, but here we need housing. You know, uh I think the traffic's a non-issue. I think the water management's a non-issue. I wasn't that way a couple of years ago. When I first got into it, I'm the one out here helping dig our ditches clean, believe

it or not, uh you know, for our own community to to keep those things uh draining properly. So, I'm I'm I'm very well aware of the challenges we have out there.

But I think when you look at the team that's behind this, the opportunity for the city, you know, and when it comes to capitalization, people say, "Well, what happens if it doesn't work?"

Well, I I know for myself being one of those people, many in IRP for short and even the Westneck side had the capital collected to do something for the course. We just couldn't get the deal done. You know, I think this new structure that's being talked about here is going to allow a lot of creativity to occur if someday it falls on hard times. I don't see that happening, truthfully. But you just

never know. But there's a huge safety net in the community. Like I said, I've been here for You've heard all the people. I wish we could all these IRP people would show up at the board meeting sometime, you know. We usually have five or 10 show up out of the 200-plus residents over there.

But there's there's there's plenty of expertise and you know, community spirit to make this thing happen over there just like, you know, all the the Westneck folks cuz I was in them before Westneck was built as well, you know, and we we knew it was the right thing to do, you know, and it it's been worked out very well. This big scar is here on my head, right here. It's this 7-in scar

that happened 2 and 1/2 weeks ago on the bike path coming off of the golf course because it was full of debris. My bike hit a bunch of pine straw and gumballs, threw me into a curb, split my head open, broke my nose. Just 2 and 1/2 weeks ago. Oh, thank you, sir. We're sorry to hear that.

So, Hey, but thanks for coming.

Appreciate it.

got it. Thank you.

The next speaker is Alice Still.

Gagan Grewal.

If you'll make your way down.

Welcome. I thank you for having me. My name is Alice Style. I'm here as a resident of Indian River Plantation and I'm here in support of the Preserve at Westneck and respectfully asking you to approve it. Thank you.

Thank you. The next [snorts] speaker is Todd Ed Tom Ed Levine.

Glenn Goldberg, if you'd make your way down.

Mr. Mayor, council members, uh first of all, thank you for spending your time here and I know this is long, tedious, uh but a a very important subject. Uh I'm not going to cover all the reasons that everybody else has already expounded upon. I agree with almost all of them. I am here to support the proposal uh to revive the golf course.

Um but I did want to give a slightly unique perspective. A couple of the people have stood up here and have been in the neighborhood almost as long as I have. We bought one of the model homes.

We've been there probably longer than anybody. We've had the opportunity to see the neighborhood before there was a golf course.

Then luckily we got the golf course arranged. We got to watch it being made, which was really cool. Never seen a golf course made before.

Um and then we got to live there a long time with the golf course.

Uh the golf course itself was very nice.

It was a nice addition, but what I liked the most about it was the collegiality and the neighborliness that it inspired.

Um people would meet at the golf course.

You would tee up with other people.

You'd meet people uh from your neighborhood and Westneck's. Both neighborhoods getting together, very congenial. Uh and it brought about a very strong sense of neighborhood.

Um and was a was a joy to live around, not just for the golf, but for the camaraderie that it inspired amongst two different neighborhoods.

Since the golf course is as uh it since its demise, um there is a noticeable uh you can perceive you can you can feel it the decrease in um hospitality and neighborliness. Uh people tend to spend uh time on their own.

Uh and it would be great to get the golf course back uh for all the other reasons that were mentioned, but also as a uh collegial uh gathering place. Um not only on the course, but in the clubhouse. Uh we'd love to do that.

The course was more than just that, too.

It was uh an economic boom for the area.

Um I can't attest how much money that would generate or not, but I know personally uh I frequently had friends come in from out of city, out of state, from as far away as Washington, D.C. or Kansas City just to play that course cuz it was very well-known.

Um talking with the Leishmans and their plans and seeing all the plans they have going, it looks like it's going to be a very first-class uh organization and run very well. Um and it could be an attraction once again. But primarily I wanted to be a unifying force for the two neighborhoods. Uh we can meet up at the clubhouse, have dinner, play golf, um etc.

That's mine and again, thank you for your time today. Thank you for coming.

The next speaker is Catherine Cruise.

Jane Brooks, if you'll make your way down.

Good evening. My name's Catherine Cruise. I live on Nesselrode Trail in the Indian River Plantation neighborhood. I'm going to keep my comments short. Thank you all for your time. I am in support of this uh project and I just agree with everything that everyone has said before me. Thank you.

Thanks for coming.

The next speaker, Pete Taylor.

Pete Taylor.

Not here.

Gagan Grewal.

Not here.

Glenn Goldberg.

[clears throat] Jane Brooks.

Jane Brooks, yes, go ahead, sir. I'm going to go ahead and call four more names real quick, Mr. Brooks. Susan Cox, Alice Rasia, Annette Harvey and Jan Scott, if you'll start making your way down. Good afternoon, Mr. Mayor and members of the council. Thank you for allowing me to come here today. I'm Gene Brooks. I'm a retired Coast Guard two-star Admiral and I had the great honor and privilege to serve Admiral

Keating when he was the commander of the US Northern Command and I was his deputy J3.

And also as far as where I've been stationed, of course, I've been in Florida, Guam, California, New England, three tours here in Hampton Roads in the federal building in Portsmouth. And of course, when I retired after 40 years in the Coast Guard, I got a job as the chief engineer for Maersk Line Limited in downtown Norfolk.

And I told the wife that she could get a house anywhere she wanted as long as I didn't have to go through a tunnel. And of course, she picked a job a place in Virginia Beach and she showed me Indian River Plantation. And the beauty, I mean, it was just so beautiful. We're living on the dog leg of three and to see the the approach and and the great thing about the dog leg of three, almost

nobody's bad enough that they're going to hit a ball in our property. Okay? But I'm here today to advocate for this this pro this this plan this program that's being proposed here because once the golf course went downhill, it is truly a nuisance and and a safety hazard.

There's there's there's no good way to say it. And right now this is the only way that that I can see that we could get to a point where we can remove this nuisance and and make it livable and beautiful once again. And for that reason alone, I would I recommend that you approve this proposal.

My personal benefit, I couldn't do the full 18 full 18 without losing two dozen balls. All right, I'm a terrible golfer.

I can do nine, maybe only lose a dozen.

So again, I recommend you approve this this proposal. Thank you very much.

You're a lot better than I would, sir.

The next speaker Susan The next speaker is Susan Cox.

Charlene Bradshaw, if you'll make your way down.

Good evening.

My name is Susan Cox and my husband and I live in the Villages at Westneck. I'm speaking today in support of the Preserve, a compromise that will restore stability, beauty, and golf to the community that has endured more than 6 years of uncertainty, overgrowth, pop fire hazards, and the fracturing of relationships.

Since the golf course closed, a small group of individuals fixated on restoring an 18-hole golf course have come to dominate the Westneck HOA board leadership.

Without a formal board vote or community input, SOTAR was created. Residents were educated and encouraged to oppose any development or redevelopment within the transition area, especially any proposal addressing the long-neglected golf course.

They have never put forward a constructive solution or been willing to engage in meaningful dialogue about the future of our community.

Most troubling has been the climate of intimidation. Residents who expressed different views or even asked questions have been labeled as traitors.

Or in my [snorts] case, being accused of being an employee of Harrison and Lear and being called morally bankrupt.

Rhetoric like this discourages open dialogue and it is no surprise that many residents are now afraid to speak publicly.

This proposal is an opportunity to transform a long-neglected and unusable property into accessible and attractive open space for all residents.

I want to acknowledge the approximately 40 homeowners whose properties directly border this project. Some of them are my friends.

This development will have the most impact on them and I understand that this change will be difficult. However, it is important to consider what serves all 936 households and supports the long-term well-being and future of our community and Indian River Plantation.

Our community has already spent over $200,000 engaged in legal battles with the property owner.

If this proposal does not pass, I fear further legal action and community collapse. I respectfully ask you to vote yes on the Preserve at Westneck. Thank you for your time and your service to our beautiful city.

Thank you.

The next speaker is Alice Raja.

Alice Raja Annette Harvey Um after Miss Harp, so I'm going to call two more to come down. Wandalee Keating and Tom Scott, if you'll make your way down.

Hi, good evening. Good evening. My name is Annette Harvey. I've lived in Indian River Plantation with my husband since 2004.

We love the golf course, we love the community, and I would be so happy to see a golf course come back. And I think this is a great plan. I support it.

Thank you.

The next speaker is Jan Scott.

Paula [clears throat] Merritt, if you'll make your way down.

Good evening.

I want to share with you um uh my favorite comic strip of mine. It's uh from Peanuts and Snoopy's sitting on his laying on his dog house as he does with his nose in the air. And Charlie Brown comes running up to him waving a flyer and saying, "Snoopy, Snoopy, there's going to be a dog contest in town."

Snoopy sits up and looks at him and said, "Charlie Brown, why would I care about that? I don't even own a dog."

Well, no respect to Snoop disrespect to Snoopy, but Snoopy's a dog and this property in question has become a dog.

I've heard it called a nuisance, but it's kind of a dog. It's hanging out with pals like snakes, bobcats, raccoons that'll come and chew your yard and flip up your sod and eat the grubs underneath. And so I'm all in I'm all in favor of giving this dog a bath, maybe taking him to the groomers, and maybe he even even win a contest or two. So I am definitely in

uh favor of this proposal. Thank you for listening. Thank you. Appreciate it. The next speaker is Charlene Bradshaw.

Robert Thornton, if you'll make your way down.

Good evening. Good evening. Um Thank you all of you for staying so late and listening to all of us.

Uh I just want to say that I also am a resident of IRP for the last 14 years, so I've seen a lot of that transition. And as you um witnessed before when I brought the picture, that fire was in my backyard and awfully uh scary for myself and my neighbors who were out there with hoses trying to um wet our properties down so that we didn't have to worry about the fire coming any closer. And

the other comments about rodents and everything else that we deal with as well. I I have many friends in the Westneck community and I myself and my husband have been looking because we're looking to downsize and it's hard to find a a home in the Westneck community that's available and it's I think a wonderful place. And I think IRP is a wonderful place and we can only uh I hope to uh

get community together if we get the golf course and the clubhouse and maybe go back to what it was a number of years ago. So um I I just want to uh say I'm in favor and I thank you for your time. Thank you.

The next speaker is Wandalee Keating.

Wandalee Keating Not here. Okay.

Uh Tom Scott, Mr. Scott is representing Compass, so he'll receive 10 minutes.

Colleen Craig and Ben LaVoy if you'll make your way down.

Welcome, sir. Thank you, Mr. Mayor.

Vice uh Mayor Wilson and council members I've lived in Indian River Plantation for 22 years and I'm here representing on behalf of Compass, Citizens Organized for Meaningful Progress and Sensible Solutions.

Now, we chose this name very intentionally because meaningful progress is hard and sensible solutions don't come easy.

But what we have here is a sensible solution. It's exactly what we have.

Now, I'm sure this will shock you, but this is my first rezoning hearing.

Uh and I didn't know what to expect, so I did a little research. And what I found was interesting.

In most cases, the people who show up to speak at zoning hearings are overwhelmingly opposed to the rezoning.

In fact, a 2023 study taken right here in Virginia looked at 694 rezoning cases. 86% of the speakers that showed up at council were opposed to the rezoning.

86%.

This is despite the fact that the broader community sentiment was much more balanced.

It's simply that opposition speakers are more likely to come to a meeting than those in support at a rate of 6 to 1.

It's just the nature of these meetings.

I suspect everyone here has seen this before with rezoning before your body.

A small organized group can sound like the majority even when they're not.

But what I see here tonight is very different.

I've been counting and by my count you have now heard from 51 speakers. I'm 52.

There are more to come after me and there are many more supporters of this proposal in the audience. Not neutral, not mixed, in support.

And not just support, thoughtful, informed, passionate support for what they see as a sensible solution for this property.

And I would ask you rhetorically, have you ever seen this before?

Have you seen this many people come out in support of rezoning in recent memory?

And to me that's important because if these hearings are usually dominated by the opposition, then what you're seeing tonight suggests something even stronger.

That there's a much larger group of people in this community who support this project but simply don't show up to speak.

And we've heard some reasons why from our friends in Westneck.

But they don't show up by a factor of at least 6 to 1 if we use the data from the rezoning study.

And when you listen to these 51 people who who've spoken, they said a few things that were very consistent.

They want a golf course restored. They understand the trade-off and they want a real solution.

And that's what this is. It's a sensible solution. It restores golf, it preserves substantial open space, it adds trails, connectivity, and long-term stability.

And it does it in a way that aligns with what the city wants to see.

Reinvestment in underused land, meaningful, usable open space, stormwater improvements, senior housing to address the needs of our military and our most vulnerable populations in Virginia Beach, and public benefit without cost to taxpayers.

This is not a perfect solution, but after 6 years the choice is no longer between perfect options. It's between a sensible solution and the status quo.

And if there's one thing we know, it's that the status quo is not working.

Doing the Sorry, [clears throat] doing nothing is not a solution. Continuing the same cycle is not a solution.

Waiting for something better that will probably never come is not a solution.

Sensible resolutions require doing something different. They require compromise.

They require moving forward.

And that is what this project represents. It's not about getting everything any any or all of us want.

It's about getting a real outcome that improves this property, benefits the community, and aligns with city goals.

So tonight you have something that is actually very rare. A project that works. A project that aligns with city priorities in a clear, visible level of community support behind it.

On behalf of Compass, we are asking you to do exactly what our name stands for.

Choose meaningful progress.

Choose a sensible solution for these communities and for the city of Virginia Beach. Thank you for coming, sir. Thank you.

The next speaker is Paul Merritt.

Jeff Hunt, if you'll make your way down.

Hey Paul, good evening. Good evening, Mayor, Vice Mayor, City Council, Mr. Lane.

I stand before you tonight as a private citizen and do not represent any organization.

The matter of what to do with the Westneck golf course is both challenging and illustrative of the issues facing a city that has little room for expansion.

I've sat through two intensive presentations by the developer, Jonathan Skinner. One just over a year ago and the second in February this year.

The first presentation included a high concentration of homes and no golf course.

The current the most recent presentation called for 144 homes, a nine-hole golf course, and turning over control of most of the non-home, non-golf property to new HOA or wrapped into another HOA.

This was in my opinion a very significant compromise by the owner to the demands of existing homeowners in Westneck and an option that I support and I believe is a good faith effort to meet the homeowners halfway.

I support this proposal because first, given the economics of golf course development maintenance, there will not be an 18-hole golf course on this land anytime soon. We as a community are blessed to have neighbors like the Leishmans who are stepping up to create and operate a nine-hole golf course.

If an 18-hole golf course was a viable economic option, we would have one.

[snorts] [clears throat] Second, a shortage of housing is a real problem for the city of Virginia Beach.

Shorter tearing down existing home stock and rebuilding, there are not many remaining plots of land available to add new stock.

Yes, this development is just south of the green line, but so are a lot of other housing area units in that area.

The density of this development is not out of line with existing homes in the area.

Third, the developer is proposing a very generous contribution of land for reforestation.

As I mentioned, most of the land will be either go towards reforestation or golf space, all open areas.

In summary, this deal is not perfect but is far better than the status quo.

The the city of Virginia Beach gets another 144 modestly priced homes. The community gets a nine-hole golf course and many acres of open space under HOA control. I urge the City Council to vote in favor of this proposal. Thank you.

Thanks Paul.

The next speaker is Robert Thornton.

And Sharon Williams, if you'll make your way down.

Hello. Good to see you. Mr. Mayor, members of City Council, uh tonight Oh, my name is Robert Thornton. I live at 1352 Little Neck Point in Virginia Beach.

I've been a resident of the city since 1978 and I've worked in commercial real estate brokerage and development since moving to Virginia Beach.

I've had the honor of serving on the Virginia Beach Planning Commission, the Wetlands Board, and currently serve on the Board of Zoning Appeals. And tonight it's really good to be on this end of the court.

As a member of these boards, I've had the opportunity to hear and adjudicate hundreds of land use applications that affect the city, neighborhoods, and individuals. The means the General Assembly of Virginia gives to cities to hear these land use requests is a testimony to our democratic form of government and I'm proud to be able to participate in the process.

I'm before you today to request that you favorably consider this application to rezone a small portion of the Westneck development to allow for more homes in the neighborhood. Virginia Beach is unique in that it has environmental challenges, military air restrictions, and self-imposed growth limitations in this area of the city.

Virginia Beach is the most popular city in the Commonwealth and it has the least amount of land available for new development. Without new development, our city cannot provide new housing to attract young people coming out of college, seasoned workers looking to move here for jobs, and people that would like to retire here.

Growth is critical for economic survival.

This rezoning application focuses on a very small undeveloped portion of Little Neck of Westneck, rather, formerly a golf course representing less than 10% of Westneck and converting it to 143 new homes.

This new development, using only private capital, and I repeat, only private capital, and the people that will provide that have you've seen tonight, proffers a portion of the unused land back into a golf course and practice facility. And finally, it provides for improved stormwater management at the developer's expense, not the residents, which we understand is critical for this area of the city and this particular

neighborhood.

In summary, this development represents improved drainage, desperately needed new housing, and a restored golf course while providing accessible open space to approximately 87% of this neighborhood. Finally, and not insignificantly, this application follows the recommendations of the planning commission.

I trust that this council will consider the overall benefits to the city to approve this application. Thank you for your consideration. Thank you for coming and thank you for your service.

Appreciate it.

Colleen Craig Is there Colleen Craig? I already spoke.

Okay. Not sure why I have you down twice, but thank you.

Uh Ben Loyola Jeff Hund, Sharon Williams, Silvio Cano, Nancy Cano, and Nancy Ajello, if you'll make your way to the front, please.

Good evening, Mr. Mayor Vice Mayor Wilson and council members of council. My name is Ben Loyola and thank you for the opportunity to address you tonight.

Loyola. Let me just interrupt. He is representing a group. He's uh representing the Indian River Plantation Association Mayor.

Yeah, that'd be okay.

I want to share who I am, what living next to this abandoned property is meant for our community, and what this proposal delivers, and why I believe it's the right decision.

I was born in Cuba and came to this great country thanks to sacrifices my parents made. I attended the United States Naval Academy with a degree in engineering and served our nation for 30 years in the Navy as a naval aviator and retired as a Navy captain.

After military I decided to stay here in Virginia Beach, greatest city in the world. I've traveled the world.

I built an engineering services business here that expands from California to Florida to Ohio and headquartered here in Virginia Beach.

My wife and I raised our two daughters here.

In 2005, I broke ground on my house in Indian River Plantation and completed it in 2008.

I'm one of the original homeowners.

I serve on the Indian River Plantation Community Association board for many years as president as an at-large member, as a committee chair, and currently serve as treasurer.

And as a board member, our number one priority is to maintain our neighborhood to high standards.

And I know this community intimately.

Not as an outsider, but as someone who has helped steward it through some very difficult years and have made it as safe and beautiful a neighborhood as possible but for this abandoned golf course.

Indian River Plantation and Westneck are separate neighborhoods, but we share this golf course property as a centerpiece of our broader community.

And I want to make one point very clearly.

You see my map on the upper left-hand corner of Indian River Plantation, my home is the closest resident in Indian River Plantation to the proposed development. And if anyone had reason to oppose this project, it would be me, and I am in here in full support.

I spoke in the support of this of this plan to the planning commission, and since then the proposal has been further strengthened. What is in front of you tonight is a thoughtful and workable compromise.

Is it perfect? No. And per the planning commission, no plan ever is.

But it's a real solution, and after 6 years, that really matters. Because for 6 years, we have lived with uncertainty and in decline.

What exists today is not what I bought my land next to.

I bought next to a maintained golf course, an open space, not an abandoned, overgrown property creating safety concerns, uncertainty, and decline.

For more than 6 years, our surrounding communities have effectively been held hostage by inaction, uncertainty, and absence of a viable plan forward.

When the golf course began to decline and then ultimately shut down, we didn't just lose an amenity, we lost maintenance and stewardship of over more than 200 acres.

Professionally managed greens became unmanaged wilderness. Dense brush overtook former fairways. Weeds and poison ivy became prolific and migrated into our landscape. Rodents and wildlife actively increased.

I've removed snakes from my pool and yard and I've had damage to my home and landscape due to the rodents.

Many of our neighbors have had to spend money on pest control repairs that were never necessary when the land was maintained.

These conditions were bad enough on their own, but over time they became something much more serious.

The most serious issue is safety.

This is tough.

In March 2023, a brush fire ignited on abandoned property and spread rapidly directly behind our homes.

As the flame approached, I was in my backyard with a garden hose compliments of my Navy training, I think [gasps] trying to protect my home and my neighbors. The fire climbed the pine trees, the embers were blowing across the yard and igniting dry brush as they landed.

At one point, I was getting overcome by the smoke and the flames were now burning inside my backyard.

I was saved only because the firefighters found me, responded, and drenched me with a fire hose.

Thanks to my wife calling for help out front as I was in the backyard fighting the fire.

Had the fire occurred at night while families were asleep, the consequences would have been catastrophic.

Having more than 200 acres of abandoned land sitting between two major neighborhoods is not a neutral condition.

After the fire we experienced, it is a disaster waiting to happen again.

Beyond safety, there's also been a steadily financial impact. This abandoned course sits like an island between two established neighborhoods.

This is not farmland being newly opened to development. It is a failed private property embedded between existing homes. As an IRP Homeowners Association board, we have screened calls and fielded repeated inquiries from home- homeowners and real estate agents asking for updates on the golf course. People buy and sell homes based on stability and predictability. This abandoned property has negatively affected the

stability of those choices.

Many families, their home is their largest investment and their nest egg.

Some residents have delayed selling because of the uncertainty. Some prospective buyers have decided not to purchase in our community because of the visible condition and the lack of a viable plan.

That has real financial consequences for real families.

And this is a reality of living with this idle property. For 6 years, there has been opposition, litigation, delays, and fights.

But opposition is not a solution. Saying no is not a plan.

After all this time, no viable alternative has been presented. This proposal does provide a solution. It has been refined over the years with our community input and delivers real outcome. As a board member, I've studied this plan carefully. The site layout, the open space commitment, the stormwater improvements, the rezoning conditions, the traffic patterns, and I've also heard the misinformation that

has circulated. And let me address just one example, and I encourage you to look at the map uh in the upper center of the map to see what I'm talking about in the upper right where off of Westneck.

As for the traffic concern and emergency vehicle access that we've been hearing about and you probably will hear more of, to access the new community, one just has to turn off of Westneck Road, proceed around the traffic circle, and take the first left just past the golf of the clubhouse.

That's it.

It does not run through existing Westneck neighborhoods. It does not run through existing Indian River Plantation residential streets. It does not cross any existing homes as some have suggested.

It is very easy to get to. It's a fantastic plan.

So, I want this council to know the facts do support this proposal. The vast majority of people who live here support this proposal. And the more closely you examine it, the stronger it becomes. One of the most important improvements that we've heard about recently is the ownership structure. The golf course and open space will now be tied to new preserve Homeowners Association.

Meaning future residents will have a direct vested interest in maintaining the property.

That is a level of accountability and long-term stewardship that has never existed before. And as a Homeowners Association member, it is the right and best choice there is.

We also get a golf course back led by Mark and Audrey Leishman, wonderful people, our neighbors. Mark is a six-time PGA Tour winner, and Audrey grew up here in raising their family raising their family here.

This is local ownership, local commitment, and a local Virginia Beach pride.

Instead of overgrown and excess land, we gain over 175 acres of maintained usable green space. We gain trails connecting our neighborhoods. Families can walk, bike, and enjoy the land again.

Stormwater improvements will benefit the entire watershed. A long-needed traffic signal at our entrance off of Westneck Road will be funded by the developer at no cost to the community. And a modest number of age-restricted homes on less than 10% of the property is what makes all of this possible.

These are real and tangible benefits.

And these homes need a benefit.

Virginia Beach needs housing for its seniors population, for people that want to stay in this community.

We are not just accepting these new neighbors, we are welcoming them.

Support in Indian River Plantation for this is strong and measurable.

Approximately 120 homes have submitted letters of support. Our Indian River Plantation board conducted a poll of residents to better understand their preferences.

100% of the respondents indicated they wanted a solution to the abandoned property, and restoring the golf course was the preferred outcome.

As someone who has worked to get participation in Homeowners Association elections, I can tell you that level of engagement speaks for itself.

If this proposal is not approved, nothing changes. The risk remains. The deterioration remains. The uncertainty remains. Two communities stay stuck in the same condition we've lived for for 6 years.

There has been no viable 18-hole golf course proposal, while we all would have preferred that outcome, but preference preferences do not maintain or improve land. Viable plans do.

I have also served as a commissioner for the Virginia Beach Arts and Humanities Commission because I wanted to support Virginia Beach and help keep it a great place to live and raise a family.

There I learned that decisions like this require balanced guidelines against real-world conditions, public safety, and long-term benefits. This is one of those situations.

This proposal is viable. It restores stewardship. It restores safety. It restores usable open space. It supports property stability and property valuations. And it does so in a modest age-restricted residential component that helps meet a documented housing need.

As the closest Indian River Plantation resident to this property and development, and as a member of the Indian River Plantation board, we have lived with the consequences of inaction and yearn for the solution.

On behalf of my many neighbors, I respectfully ask for your support to approve this application. Thank you very much for your public service. Thank you.

Thanks Ben.

The next speaker is Jeff Hun.

He is He is the attorney for the Board of Directors of Westneck Association. He also receives 10 minutes. Joyce Sharple, if you'll make your way down.

Good evening, Mr. Mayor and City Council.

As she just announced, my name is Jeff Hun. I'm an attorney at Pender & Coward here in Virginia Beach. By two, I'm a resident, long-time resident of City of Virginia Beach, going to Indian Lakes Elementary School, Brandon Middle School, and ultimately graduating from Salem High School.

And I thank you for your time um and giving me the opportunity to um oppose this application.

The Board of Directors for the Westneck Community Association has adopted a policy long ago to oppose any changes to the city's comprehensive plan as it relates to the transition area and its development and redevelopment guidelines.

I'm here to oppose this application due to this policy. And as Mr. Loyola said, on behalf of the Indian River Plantation Homeowners Association, the vast majority of Westneck disagrees with this application and seeks opposition.

Interestingly enough, the Indian River Plantation Homeowners Association was with us for many years opposing this development. And so, ask yourself what changed and why are you hearing from all of the members or many of the members? I think I wrote down close to 35 from Indian River Plantation because they changed the development and the golf course now still remains in their backyards.

That's different than what is going on at Westneck. At Westneck, we have a new neighborhood being planted right in the middle of the old neighborhood.

When Westneck and Indian River Plantation were proposed and developed, the City of Virginia Beach made promises to its citizens, most particularly to the residents who purchased homes in Westneck.

If you approve Harrison & Lear's rezoning application, you'll be breaking those promises.

My parents taught me early on, "Your word is your bond." And I'm sure your parents taught you that, and you have followed that through your careers.

We don't want you to break your promises.

Mr. Mayor, members of City Council, this application violates the Virginia Beach Zoning Ordinance.

I will read to you Article 11, Planned Development District, Section 1100, the general legislative intent, which was adopted after this neighborhood was developed and zoned.

Quote, "It is the intent not to create additional PDH-1 or PDH-2 districts or to enlarge the limits of existing PDH-1 or PDH-2 districts."

That is exactly what this application seeks to do.

You must follow the Virginia Beach Zoning Ordinance. You cannot approve this application because you cannot create additional PDH-1 or PDH-2 districts. And you certainly can't enlarge the limits of the existing PDH-1 or PDH-2 districts.

This application also violates another section of the Virginia Beach Zoning Ordinances, Section B of that same section for PDH-2 Planned Unit Development Districts.

I read to you and quote to you, "Housing types and density for the various areas within the PDH-2 project shall be as specified on the land use plan. However, the overall density for the PDH-2 project shall not exceed that which could be achieved with conventional subdivision in the underlying district or that indicated in the following table, whichever is greater."

Okay, what does that mean?

That means you cannot You have to look at the prior um classification, the prior zoning. If you rezone the area PDH-2, the density allowed in that district has to be the same as the underlying district. Here, P1, preservation, no houses.

The Virginia Beach Zoning Ordinance is clear.

You cannot approve this application without violating the ordinance. Keep your promise. Your word is your bond.

This development does not meet the two key factors outlined within the transition area design guidelines.

Density, open space.

Number one, density. The city previously promised a density of one unit per developable acre as outlined in the transition area design guidelines.

But, the application is now proposing a 2.79 units per acre.

Keep your promise.

The city's open space. The city's pre- The city previously promised a 50% minimum open space as outlined in the transition area design guidelines.

But, this application seeks to decrease the open space from 45.17% to 40.1%.

Why would you go back on your promises?

Why?

We're going to talk about that in a minute. Again, your word is your bond.

Keep your promises to the citizens and to the residents of Westneck.

I heard Mr. Scott just a few minutes ago, and I'm I wrote it down, mentioned that he sees more people here in support, and that's odd, and that's different.

One of the main reasons that I'm here today is to help you understand what has taken place over the past 4 years. And I know you have in front of you stacks of paper and letters for this project and stacks and letters and papers against the project.

There's a section in the declaration that was recorded for Westneck that the developer and declarant has been using to intimidate the residents from speaking.

The declarant tried to silence the association and its members using this provision, and we had to litigate that issue to the Fourth Circuit Court of Appeals, which we did, and the Fourth Circuit Court of Appeals held that the association has an interest in the golf course property and therefore has the right to speak out.

Unfortunately, the ruling doesn't extend to the individual residents. It wasn't part of the case. And the applicant's president continues to intimidate residents with that provision of the declaration.

I will read to you an email that was sent trying to get members of Westneck to appear at the board meetings and explain this declaration.

And he says in his email to the members that if they keep going down Mr.

Luckman's path, they will absolutely be open to a large amount of liability individually and as an HOA.

All right.

They've sent letters to members saying, "We issued a FOIA request to the City of Virginia Beach, and we found out that you're opposing this project."

And he states in the letter to these residents, "This conduct of you and others in the surrounding neighborhood constitutes a civil conspiracy."

Virginia law defines a civil conspiracy and goes on to explain what a civil conspiracy is.

This is intimidation. This is telling members not to speak out. In fact, I was told during some of the litigation, "We'll bankrupt the HOA if you would if you go against this.

We'll sue members who go out against this because of that provision in the declaration."

They put it in writing in the in the appeals in the case. They put it in emails. They put it in letters. Ask yourself why you may not hear from as many members of Westneck.

Only some are willing to stand up to that.

The supplemental declaration, have you heard of that? Because they recorded a supplemental declaration in the land records here in the City of Virginia Beach removing five parcels. These parcels they want to develop into houses and a nine-hole golf course.

They trying or attempting to remove those parcels from the subject of the declaration.

They've done that. I don't hear anything about it. I didn't see anything about it in their proposals. Why are they doing that?

But, I want to read one section of that declaration that's recorded, signed by this developer, to you.

Because it's very interesting. It says, quote, "There is no intent or expectation that the subject property will in the future be used as a golf course or for golf course or golf-related purposes."

Really?

Ask yourself, why did they put that in there? Why is that in the supplemental declaration recorded in the city records?

Are they truly planning operate a golf course?

Why would they put that in there?

We went through extensive litigation with this property owner. We recently received an opinion from the Court of Appeals where the Court of Appeals has determined, and I'll quote, "There's no provision in the declaration suggesting that the association's enforcement power would not apply with equal force against JBWK.

And since the association has an interest in the golf course, it can enforce the declarant rules against the owner of the golf course."

We request that you honor those same words because that's the promise you made to these citizens and to these residents of Westneck that they will be in control of their own destiny.

Leave the control of the property up to the association as it was planned and approved by this body.

Your word is your bond. Keep your promises to the citizens and to the residents of Westneck.

Options. I heard from the supporters, there's no options, there's no options.

There are options, okay?

I wrote down when Ms. Leashman stood up here and said originally they went to them and asked and talked about an 18-hole golf course.

They were told and I wrote down quote, "Not going to happen."

Why? Ask yourself, why can't that happen? Money.

Money.

They purchased the property at the foreclosure for approximately 2 million.

If they sell 70 homes, just 50% of the homes at $150,000 a lot is $10.5 million. That's That's what this is about.

That's why they won't go with that first gut of Mr. and Ms. Leashman. Let's get an 18-hole golf course there. Let's talk about it.

Why nine holes?

We don't have half basketball courts, half soccer fields.

Is it really going to get the people who really like to play golf and play 18 holes?

Lastly, I just want to say one last thing.

If you look at the proffers, there's nothing that prevents them from building 50% of the homes and leaving, Thank you.

taking their money and running. Thank you. Thank you very much.

The next speaker is Sharon Williams and Joy Barbie, if you'll make your way down.

Good evening. Good evening, Mayor Dyer and council council members.

My name is Sharon Williams. I'm 85 and I too intend to spend my next 30 YEARS IN WESTNECK.

I AM CURRENTLY THE PRESIDENT OF THE Westneck Community Association, which is the homeowners association for the Villages at Westneck.

I've been the president since October, on the board for about 3 and 1/2 years.

[snorts] Tonight, you have heard many opinions on the Harrison and Lear proposal.

[gasps] I am here to speak for one thing, the resolution passed by our board in 2023 to support the transition area rules.

[clears throat] The issue tonight is not about a new nine-hole golf course, as the zoning is already in place for that.

The golf course can be rejuvenated at any time.

What is at issue tonight is rezoning of P1 land in order to build houses on it [snorts] and the transition area, which our Westneck community and the Indian River Plantation are part of.

The transition area design guidelines call for a certain density requirement, but if you drive through Indian River Plantation and then through Westneck Villages, you will see a density discrepancy.

Indian River Plantation has nice big estate-size lots, while the Villages of Westneck are postage-stamp size in comparison.

Why the difference?

Aren't all communities in the transition area created equally?

Not exactly.

[snorts] Many communities have walking trails or small parks and lakes within the neighborhood, which count as open spaces.

But the Villages of Westneck is different from all the rest.

[snorts] It was created in 1999 when the city council made an arrangement with the builder of our Villages to forego density requirements if he brought an elite golf course to the area.

This agreement counted golf course acreage open space, which allowed for for two condominium communities to be built in addition to many more homes that would have been under that would have been allowed under the transition area design guidelines.

That golf course is our open space.

By allowing the building of an additional 143 homes as outlined in the proposal before council on land that has been purposed for open use, the density would be far in excess of that specified in the transition area guidelines.

For that reason, the Westneck Community Association opposes passing of this proposal in its current form. Thank you.

Thank you. The next speaker is Sylvia Canoe and Mark Allen, if you'll make your way down.

Good evening. Good evening, Mr. Mayor, city council members, city manager. [snorts] I am Sylvia Canoe and I live in the residential village of West of Carolton in Westneck. My wife and I moved from Kempsville to Westneck to find serenity and peace and to be near open space and quiet space in an already well-developed adult neighborhood.

We are integrated with our neighbors and availed to the great amenities this area offers us.

We bought our house because of these, not because of the golf course.

We do not want to lose the stability and well-being in how we live, especially if residential expansion were to take place behind our homes in Carolton and across the way in Browningstone.

The addition of hundreds of houses will cause devastating and constrictive streets in an already concentrated residential area, not to mention issues caused by unnecessary deforestation, ambient noises, stormwater runoff, outdoor temperature changes and the destruction of natural environments.

We live modestly and cannot afford at this time of our lives to relocate and assimilate again in some other established community elsewhere in Hampton Roads.

With the addition of houses, there will be fur amongst many Westneck residents and departure of several from there, thus causing unnecessary turmoil for many residents for years to come to the peace and tranquility we have established and are accustomed to.

Thus, for this reason, I am against new houses and the growth within the Villages of Westneck.

The property owner should have been maintaining the property just like I maintain mine.

I ask that city council members to maintain as zone the preservation open spaces in Virginia Beach and to not approve rezoning of Westneck.

Let's keep Virginia Beach strong. Thank you.

The next speakers is Nancy Canoe and Ross Thomas, if you'll make your way down.

Good evening. Good evening, Mayor, council member and council members.

My name is Nancy Canoe and I live in the Westneck Village of Carolton. Tonight, I am asking you to vote a firm no to the rezoning of Westneck.

When we purchased our homes within the senior community, we relied on its P1 zoning and that preservation promise should not be broken.

The land owner knew how it was zoned, but still purchased the dormant Signature Golf Course in 2020.

[snorts] Earlier, he tried to build about 150 houses there, but realized Westneck neighborhood, Indian River Plantation and the planning commission were too big to fight. So, he did a he decided to divide us and returned with a more focused fight with Westneck.

In the meantime, the re the reasons the cons for rezoning have not changed.

Now, he still wants to build 143 houses around multiple sides of the Village of Carolton.

This is the same land owner that had a spite fence built when there was a complaint about the maintenance of his property. Today, he still fails to follow the instructions of several courts to clean up his property.

So, I am asking the question, where does the fault for the fire land? We don't know for sure.

With this divide and conquer approach to rezoning, promises have been given to Indian River Plantation at which not one blade of grass is touched. And even more, they will be able to keep their property values. Mine will plummet.

The newest proffer for a nine-hole golf course is even more misleading and not legally enforceable.

Keep Westneck within its P1 guidelines of Virginia Beach that were designed to preserve open and green spaces, protect our city's ecological balance and minimize various future risks our city.

You have already heard all the pros and cons. The city needs to keep the promise provided to their citizens from the beginning and vote a strong no to further home development within Westneck. Thank you.

Thank you.

The next speaker is Nancy Agelo, Ross Thomas, if you'll make your way down and Genie Lawer.

My name is Nancy Agelo. I'm a resident of Wordsworth in Westneck and a proud volunteer for the Virginia Police Police Department and CERT for over 10 years.

Thank you for the opportunity to hear my point of view.

Mayor Dwyer, Vice Mayor Wilson and members of the City Council, I respectfully urge you to oppose any rezoning of the former Signature Golf Course. Follow the existing transition area guidelines and vote no. Rezoning this property would fundamentally alter the character of our community and break the trust we residents place in our city. The more than 1,400 or so residents who live in Westneck, pay our

taxes, follow the policies and guidelines the City Council has set as core responsibilities for needs and safety of all Virginia Beach communities, not just Westneck.

Changing the P1 zoning for one absentee landlord whose actions from the past 6 years prove he does not care anything about our great city or its existing rules, will set a dangerous and unnecessary precedent and erode our confidence in the City Council. The existing zoning already allows for reasonable use of property. Increasing density brings unavoidable negative consequences such as congestion, strain

on infrastructure, and reduced safety.

The noise, dust, and heavy machinery from this proposed dis- construction will disrupt our community for years.

The convergence of four new roads merging onto our older narrow streets will cause congestion and accidents. The incident of February 24th is indicative our streets cannot handle the increased traffic.

The huge amount of dust created from this project will cause respiratory havoc such as coughing, wheezing, and shortness of breath on myself and on many of my neighbors who also suffer from asthma, COPD, and other respiratory conditions.

Being a 55-plus community, you should not be surprised at how many residents have these respiratory ailments such as I do.

This request is about changing P1 into residential, disrupting life in existing community by adding roads and 143 homes.

It is not about a nine-hole golf course which does not need your approval.

Destroying one community is not the answer to clean up an eyesore and a nuisance. Please save our Westneck community. Deny this request. Vote no.

Thank you for your time and service to our city. Thank you for coming.

The next speaker speaker is Joyce Sharples.

Michael Waslosky, if you will make your way to the front.

Good evening. My name is Joyce Sharples and I live in the Wordsworth Condos in Westneck.

I would like you to take a minute to look at the map the developer has presented. Now, follow Cadence Road past the three new curb cuts for the three new subdivisions, past the maintenance garage where all the construction and staging area will be, and then past the new proposed construction access road.

It looks like that road Cadence ends and is surrounded by blank space.

Perhaps not referencing this blank space in his presentations, the developer would like you to think the road ends here. It does not.

This is not blank space. This space is filled with 300 condos.

This is the largest village in Westneck with the largest number of people who will be adversely affected every day with construction traffic and four new roads opening onto the only access in and out of our Wordsworth neighborhood.

Was this purposely left out because they don't want to shine a light on just how much traffic and activity this place will endure and the impact on our only road?

The impact on our population at Wordsworth is significant and dangerous.

Changing this zone from P H PDH1 to PDH2 will adversely impact those of us who live here, not only economically, but also subjecting us to an unsettled living conditions for the next several years, some for the rest of our life.

This change in zoning is against the guidelines the city itself wrote.

If approved, it will be an unprecedented decision by the city.

It goes against the suggestions of those of us who volunteered our time to participate in the area meetings to get our input on the future 2040 comprehensive plan. Rezoning this land is wrong. And my closing thoughts tonight are with the late Barry Knight and his love for this area of Virginia Beach and many accolades that were spoken of Barry, a man who took action on his integrity, principle, and leadership. He is

remembered for protecting the interest of his constituents.

[snorts] We are your constituents.

Appreciate it. Thank you.

The next speaker is Joy Barbie.

[sighs] And Ken Stahli, if you'll make your way down.

Good evening. Good evening. Thank you.

My name is Joy [clears throat] Barbie and my husband and I live in the Carolton Village of Westneck. Thank you for letting me speak tonight. Like many represented here, the choice to live in Virginia Beach and specifically Westneck was based on the character of this community and trusted place in the city for responsible development and protecting it.

A strong majority of the Westneck residents have consistently expressed opposition to rezoning.

This opposi- opposition is not rooted in resistance to change, but in a desire for thoughtful, predictable planning that respects existing neighborhoods.

Public involvement and support for responsible development was the basis of the current comprehensive plan.

Looking ahead to the future, citizen input and agreement on the updated draft comprehensive plan highlighted continued emphasis on the retaining the green line, responsible development in the transition area, protecting green spaces, and no increase in density.

The Westneck Villages was a model age 55-plus community responsibly developed around the Signature Golf Course and preserved green spaces. Zoning changes that would allow new residents to be developed and built in this P1 zoned area conflicts with long-standing density and green space protections that have been the bedrock of homeowner expectations and the very character of this community.

The current P1 zoning is the only protection against further altering the character of this community against the wishes of the majority of homeowners here.

Rezoning would do harm to both the current residents of the Westneck community and to all other similar communities within the transition area that will face the risk of increased density and developmental encroachment in the future.

I respectfully ask that you listen to the residents who live here and vote no on any rezoning request for Westneck.

Thank you so much for your time.

coming. Thank you.

The next speaker is Margaret Allen.

And Carol Konze, if you'll make your way down.

Good evening.

Good evening, Mr. Mayor. Good evening, City Council members.

My name is Peggy Phillips Allen and I am speaking on behalf of many Virginia Beach residents who strongly oppose any rezoning of property currently designated as P1 preservation land.

The purpose of P1 zoning in Virginia Beach is to pre- protect Excuse me, protect environmentally sensitive land such as wetlands, flood plains, watersheds, wildlife habitats, scenic open space, and other areas vital to the health and safety of our community.

P1 land exists throughout the city, not just in Westneck, which means rezoning this property will have a lasting effect on preservation land across Virginia Beach.

Many Westneck residents invested their in their homes and their lives in this community with the understanding that the surrounding preservation land would remain protected.

What happens in Westneck tonight will not stay in Westneck.

It will shape how preservation land and the green line are treated across Virginia Beach for years to come.

The green line separates urban development in the northern half of the city from rural and environmentally protected land in the south.

It was created in the 1990s as part of the comprehensive plan to prevent suburban sprawl and to protect the watersheds that supply drinking water to our residents.

Encroaching on P1 land undermines this long-standing policy.

It threatens open space, it increases flood risk, it strains infrastructure, and it sets a troubling precedent for future development.

And I beg you, please, don't let Virginia Beach turn into Northern Virginia.

I have lived that nightmare where every single piece of available land has been over developed.

The dictionary defines preservation as the act or process of keeping something in existence.

That is exactly what P1 land was intended to do.

Preservation should mean preservation.

I respectfully ask you to vote no on this rezoning proposal.

Please, vote no tonight. Thank you.

Thank you for coming.

The next speaker is Ross Thomas.

And Dave Van Patten, if you will make your way down.

Good evening, sir. Good evening. How we doing?

Mayor, council, I don't have a speech prepared, but I have a few thoughts on the top of my head here. Uh one of them was uh you've heard a lot from the folks at uh Rose Crest IRP in favor of the golf course.

And then you hear Westneck, the the other communities in Westneck oppose. And you have to ask yourself, well why?

Well, one of the reasons was that we and most of the community in Westneck are going to be affected by the houses, not the golf course. And that's the biggest concern.

So, you say, well, what about the houses? What is it about the community?

And you have to ask yourself, well, what's there now? It's a golf course.

It's overgrown.

It's not developed, but it's there.

What do you have to do to build houses?

You got to take the golf course away.

What are you going to use? You're going to use all kinds of yellow gear, construction equipment, and it's going to take a long time because you have to change the storm water system. Where's trucks going to come from? They're not going to come from Westneck. They're coming from Indian River.

Where's the road from Indian River going to come through? It's going to come right through uh where I live in Wordsworth.

The li- the lines have already been surveyed.

It's already been surveyed, it's coming right through within a couple hundred feet of the first building in Wordsworth.

So, now we're going to have construction trucks removing dirt for the next 5 years from the golf course to build the homes.

What does that do to the community of Wordsworth?

All of those people that walk just to stay healthy and stay alive down up and down Legendarian Cadence, all that's gone.

Because they want to build homes right there.

The developer doesn't say that, but if you look at the map, that's the only way he can build this whole community.

And in that case, I say no.

I say no to that. And I ask you to say no too.

Thank you. Thank you.

The next speaker is Jenny Lower.

She's not here. Okay, thank you.

Uh Michael Waslowski.

And [clears throat] Benkata Elswarthu, if you'll make your way down.

Good evening, mayor.

Honorable members of the City Council, former member chairwoman Hicks of the TAITAC clearly outlined why this proposal should be denied in her letter to you.

While the loss of P1 land is critical, her fourth point is the crux of the matter.

The proposal would significantly and negatively impact an established age-restricted community. The preservation and well-being of established neighborhoods are clearly stated priorities in the comprehensive plan, and this proposal directly contradicts them.

Now, for 25 years, residents and developers relied on the transition area guidelines to protect established neighborhoods. Now, we are told they are merely guidelines. So, what?

This proposal falls falls short of those standards, as shown in the spreadsheet I previously sent to you.

Approving this proposal would undermine decades of planning and public trust.

Now, you have heard concerned citizens tonight by rezoning supporters about property conditions.

A recent federal court ruling affirms the landowner is already responsible for his property maintenance under the Villages at Westneck standards, including and people of Indian River Plantation removing blight, vermin habitat, and fire tender.

The proposed nine-hole golf course should not distract from the core issue.

Hey, remember? No rezoning, no course.

What does that sound like?

Virginia Beach already has an established nine-hole executive facility with practice and learning areas. A potential course does not justify permanently losing protected land or ignoring established priorities and policy.

Additionally, the most recent updated proffered HOA ownership and maintenance plan lacks governing documents.

Without clarity, you cannot know who will control the property in the future.

This leaves open the possibility of repeated rezoning requests.

The question before you tonight is straightforward.

Will you preserve 75 acres of protected land, uphold planning principles, and maintain public trust, or will you allow permanent loss, disregard key guidance, and set a dangerous dangerous precedent for the transition area and the entire city?

Your vote greatly matters, well beyond this single proposal before you tonight.

If rezoning is approved, you will rewrite the playbook for P1 preservation land throughout our city and our commonwealth.

Thank you very much for your time. Thank you.

The next speaker is Ken Stahli.

And Dr. Stephen Willing, if you'll make your way to the front.

Good evening. Hey, Ken, nice to see you.

Nice to see you.

Last time I uh I've been before you.

This is the first time I've been before you where I haven't asked for money. And uh uh I uh appreciate all y'all's service, and I understand what y'all are going through right now. I I've spent many hours uh making up my mind of how how to pass a how to get a bill bill passed, and then have to sit through a public hearing because they're good and and and we need to have public hearings. But uh

I think that's uh uh y'all have probably made up your minds already how you're going to vote.

And and and this is a a uh exercise in in uh I don't want to say facility, but it's an exercise that you have to go through for the public to know what's going on. But I think that uh you have a a uh uh different set of setting here in Virginia Beach, and I think this is not about it's not about uh the uh selling of the housing over there.

It's not about the uh uh golf course of 15 uh nine holes or 18 holes. It's about money. And this is all about money.

That's money that you get, and it's money that other people take out of here.

And I think that, you know, if if when I was up in Richmond, and I wasn't I wasn't I wasn't I wasn't a perfect legislator by far, but I always tried to stick to the truth and and be honest with the people that I was representing, and that's I said, this is what this is about money. And I think that if you have uh opportunity to uh boil everything down, you'll see that it's

money that's driving this issue. It's not about making money, I think it's a great idea. I wish I could do more of it, but I I I I limited my ability to do that now. But uh I think that uh what I I leave you with if you have any questions is that if if I have when I was a legislator, if I go off things down at the bottom, if I

thought it was money, I'd always decide what the what the status quo was. And and and if the status quo needed to be upset, then you know, I can't imagine these people that are coming here and saved their money all their lives to have a nice retirement home, and they buy a home a home back here, and then have the golf course taken away from them. And then I can't think of a worse or a worse

insult to have a a uh a second golf course played in front of you, and and it's not not necessarily be available for you. And and I don't know if if there's properties that are going to put a a mandatory uh bank account on on on hold for for the maintenance of the of the fields and the golf courses and all those benefits again. But I don't think golfing is a

big sport, and what I don't think is going to happen is the money that they used to draw. I think we've had a lot of closed closed uh uh you you [clears throat] know, golf courses in the area and I I think I'd like to see a golf course there, but I think that it's more important that the people are served. Uh and and and I appreciate you all doing that and I

appreciate you asking what you're doing tonight. I apologize if my voice is messed up. It's just something that happens when you have Parkinson's. But I appreciate everything that you all do and I've had uh wars with some of you and and and pleasure with others, but I think that it's it's a high high honor to be before you all. Thank you for coming, Ken. We're privileged to have you here.

Pardon? Privileged to have you here.

Thank you. Thank you.

THANK YOU.

THE NEXT SPEAKER IS DAVE VAN PATTEN.

And Billy Damagou, if you'll make your way down.

Good evening.

Thank you for letting me speak today.

My name is Dave Van Patten. I'm a 3-year resident of Browning Stone Village.

I bought my home due to the outstanding space and low density that the Westneck community offers.

I am here to request your no vote for this proposal.

Before you vote tonight, I have two points I want to bring up.

This scenario, a development within an existing approved community using P-1 land provides a dangerous precedent never been performed before by the Virginia Beach City Council which would result in unintended consequences.

Also, if this type of zoning proposal is approved, then how would future city development proposals be impacted, especially below the city's green line?

I end my presentation asking that you please disapprove the Harrison and Lear zoning proposal that affects the Villages at Westneck.

Thank you.

The next speaker is Venkata Yarlagadda Eleswarapu.

Good evening. Good evening.

sorry. And then Tammy Van Dame, if you'll make your way down.

Hi. My name is Venkata Eleswarapu and I'm here to oppose the development in Westneck. To be clear, I don't live in Westneck, but I'm a concerned resident in the second district. This area was zoned as P-1 and cannot be arbitrarily re-zoned now to build more houses in an existing development. There are more than 2,000 homeowners who bought bought their retirement homes based on the promises the city has made.

Please keep your promises. Infilling 143 new homes will dramatically increase the housing density and take away the promised preservation open space.

This is going to reduce the property values of the existing homeowners. The City Council cannot do this just to please the golf course owner.

Remember, both the ITA committee and the City Planning Department have recommended the denial of this project twice.

These new homes will be priced well above 600,000 and so will not help with a more affordable housing. So, that's a smoke screen.

There's no justification for these houses. So, please vote against the proposed new development in Westneck.

Thank you.

The next speaker is Dr. Steven Willing.

[clears throat] And Robert Tice, if you'll make your way down.

Good evening. Good evening. Thank you for the opportunity to speak. My name is Dr. Steven Willing and I live in the Villages of Westneck. I practice family medicine for 40 years and retired 2 years ago from the Veterans Administrations Virginia Beach Clinic. I will be direct.

The rezoning is not simply a land use decision. It is a decision about whether the city is willing to place a substantial health burden on a medical vulnerable population.

The average age is 74 and about 60% are veterans. First, the construction noise.

Equipment routinely produces 80 to 90 decibels well above health-based guidelines. In older adults, noise at this level is associated with higher rates of hypertension and coronary artery disease. Prolonged exposure is not harmless. Second, air quality.

Construction generated fine particulate matter, diesel exhaust and silica dust are pollutants linked to asthma exacerbations, COPD flare-ups, stroke and cardiac events in adults over 65.

Many residents walk outdoors daily.

Avoidance is not realistic. Third, traffic and safety. Construction zones bring uneven services, heavy equipment and shifting traffic patterns. For adults with slower reaction times and higher fall risks, these conditions are hazardous.

Fourth, stress and cognitive uh impact.

Persistent noise, dust and disruption increase anxiety and reduce daily functioning. For seniors, environmental stability is a known trigger for confusion, memory lapses and social withdrawal. Chronic stress is also a cardiovascular risk factor.

These impacts compound and they fall entirely on the community that relied on the city's original commitments.

In our senior population, many of whom specifically moved here for its quiet, stable environment, the cumulative impact to prolonged construction is not a temporary disruption, it is a predictable and measurable decline in both physical and mental health. So, the question is not simply whether to approve the zoning.

The question is whether the city is willing to impose a multi-year health burden on those least able to tolerate it. If the answer is no, I respectfully ask that you deny this application.

Thank you. Thank you.

The next speaker is Billy Damagou. Jack Scott. Oh, I'm sorry. No, David Conzi, if you'll make your way down.

Oh, gracious. Good evening. Good evening, Mayor Dyer and members of the City Council. Thank you for the opportunity to speak today.

My name is Billy Domangue. My wife and I live in Blue Lake, the Village of Westneck.

Along with the clear majority of the residents of Westneck, I ask that you vote against the proposed rezoning of parts of the former Signature Golf Course that would allow the open-ended construction of 143 new homes. The wishes of the Westneck residents are clear and cannot be ignored. We do not want the property re-zoned. Keep it as promised to us when we purchased our homes. Evidence is made clear by the

thousands of letters, emails and petitions that were sent to each of you stating that we do not want the property re-zoned. If that's not enough, we have spent the last 6 years and over $150,000 of our HOA money demanding in court the property be maintained. In both the initial court case and the appeal that followed, the Westneck residents prevailed.

We do not have any objection to a nine or 18-hole golf course. The opportunity is there now and requires no rezoning. I repeat, that opportunity is there now and requires no rezoning. If it's re-zoned, the P-1 preservation open space is gone forever with nothing in its place to justify doing it. The proposed new development is called the Preserve, when in fact it is doing just the opposite. How ironic is that?

The Westneck residents will have to endure at least 5 years of construction, at some point 143 new homes, a new HOA that currently does not exist and no guarantee of what it will or will not do, at least 300 more people, cars coming and going. This is a recipe for disaster. We're dealing with an out-of-state land speculator that has no regard for the residents of Westneck or Virginia Beach. He's not here today.

He's not attended any meetings to answer any of the detailed questions that need to be answered.

The out-of-town developers are presenting this as a fix to a problem.

There's no problem. Westneck is doing exactly what it was intended to do.

It's a wonderful community that serves the needs and wishes of the seniors that call Westneck home. The only problem has been the disregard for the maintenance of the golf course property. That problem has been recently successfully handled without any outside help. Now it's time for the owner, whoever it may to step up to the plate, maintain the property, and if in fact there's a golf

course in the work, stop talking about it and do it. Please vote against this rezoning. Thank you.

The next speaker is Tammy Van Dame.

Jack Scott, if you'll make your way to the front.

Good evening, Mayor, Vice Mayor, and members of council. I'm Tammy Van Dame, a resident of Westneck, a 30-year resident of Virginia Beach, and because the guy said it, a Gulf War veteran, and I strongly oppose rezoning.

We've heard a lot about the housing need in this city, but let's be honest.

This proposal isn't really about housing. You're being asked to convert preserve land, land that protects our communities and the city's first ever 55 and above senior community into a development with a nine-hole golf course.

That's the real issue here, and it deserves a clear look before any decisions are made.

Virginia Beach is already adding thousands of housing units built, approved, or in the pipeline.

The often-cited 5,000 unit unit shortage is not about total housing.

It's about housing a housing affordable to lower-income households. In fact, 1,062 units were built in 2025, 1,221 in 2024, 1,763 units have been approved, and another 1,200 plus units are still in the pipeline.

The proposal does not address that need.

It adds 143 market-rate homes. To make this happen, the city's being asked to trade P1 preservation land for a nine-hole golf course.

Let's call this proposal what it really is, a questionable land trade, not a housing solution.

It directly impacts this city's senior community designed for quiet, low-impact living in exchange for a small number of homes and a privately-owned entity.

The question isn't whether we need housing. The question is whether 143 homes justify destroying preserve land, undermining a senior community, and setting a dangerous precedent.

This is a land swap masquerading as housing, and council should see it for what it is.

Once preservation land is gone, it is gone forever.

You can build homes, or you could protect our land, but you cannot do both.

The responsibility rests in each of your hands.

Thank you. Thank you for coming.

The next speaker is Robert Tice.

Ruth Malik, if you'll make your way to the front.

Good evening. Good evening.

Mayor Dyer, Vice Mayor Wilson, and members of City Council. My name is Robert Tice. I'm a 16-year resident of the Village of Westneck, and I thank you for the opportunity to speak.

I'm speaking on the modifications to the proffers um proffered covenants, restrictions, and conditions. The proffers integrate a new 143-home development, a new nine-hole course, and the new HOA-controlled open space into the well-established 55 and over community.

They also modify parts of the 1999 Westneck land use plan, but only parts are being rezoned.

The rezoning rezoning of P1 preservation district to PDH2 will set a precedent for further beach or other developers to achieve the same rezoning as this type of zoning has never been done in our city previously.

All P1 property in the city will be a target.

JBWK will convey the title to the conservation area to the new HOA, who will own and maintain the land.

The golf course property must be conveyed by deed of gift to the new HOA unless previously conveyed to the existing Westneck or RIP HOAs.

Effects of effects on the Westneck community.

The new HOA will own the course, not the existing Westneck HOA, unless a joint venture or transfer occurs, and the HOA will assume all the maintenance fees for the gifted land, as well as the other P1 preservation district and the conservation area.

If the course fails financially, the group release termination clause could result in the land reverting back to open space or becoming a maintenance burden. This is a major long-term risk for the community.

Separate HOA governance systems may create fragmentation, long-term golf course viability is uncertain, increased traffic despite [snorts] mitigation of the new traffic light, higher density than original Westneck sections, and potential for future disputes over trail access, maintenance, and shared amenities.

It seems to me too many factors have come together have to come together for this application to be achieved, and the modified proffer modified proffers seem to be window dressing to get our minds off the real issue of the P1 preservation district being rezoned, and the addition of 143 homes in the Westneck well-established community.

Please vote no on the Westneck rezoning.

Thank you. Thank you for coming.

The next speaker is David Konze, and then Melissa Drought, Kathy Stellman and Del Del Merkley, if you'll make your way to the front.

Good evening, Mayor and Council.

I'd like to thank Councilman Remick for spending his birthday with us this evening. Not necessarily a choice I would have made.

[snorts] My name is Dave Konze, and my wife and I have lived in three different villages in Westneck over the last 17 years. So, I have a pretty good feel for the community and people. But before I begin my remarks, I'd like to reaffirm the importance of your decision regarding our homes.

As you have received over 4,700 hard copy letters in opposition, you received over 3,000 emails in opposition, and over 1,100 stud- citizens have signed this change.org petition, and over 300 have signed the responsible growth petition. I think these numbers clearly represent the volume and the magnitude of our neighborhood opposition to Mr. LeClair's request.

Tonight you've heard from lawyers, developers, golf course designers, et cetera, but tonight I'd like to talk to you about the homeowner. Homeowners, who are almost half of which are retired military, who have lived everywhere and who are not [clears throat] from here, but decided to retire in Virginia Beach for a variety of reasons, including the Westneck with its community values and

open spaces. Homeowners who paid a premium dollars for golf course view lots will now have their houses have houses constructed within 50 feet of their homes, and their view would be of their neighbor's bathroom.

Open space with no view of open space and looking into their neighbor's bathroom. We bought our homes because of the total community which is elected by rules in 1999.

I'm a baseball fan. There's three outs in every inning, nine innings in every game. It's never changed. The real question is how can an out-of-state owner change the rules just because he has money?

How come no Virginia Beach developer chose to partner with him? Because they knew the rules and knew it wouldn't happen. How can an out-of-state developer manipulate changing the rules?

Let me give you an example of how community works. Indian River Plantation has approximately 43 homes on the golf course. They have will have no inconvenience getting their views back as you've heard from them tonight.

In Arthur Park where I live, we have 64 homes, 35 of which are on the golf course, right across from Indian River Plantation on holes one and two.

With those 35 homes, there are two people the homeowners who are in favor of this. Why do 33 oppose? It's because of the lifestyle that will be affected by the rest of their neighbors for the next three to six years and the inconveniences we will all face.

As that is also by what Dr. Will had Will had to say.

[clears throat] This is So, the city is As a City Council, we feel your first loyalty should be to your own citizens. We elected you to represent us, and [snorts] we have paid you [clears throat] have paid you have a paid city zoning staff, which has twice voted against this project.

I [snorts] ask for your no vote in supporting the citizens who voted for you and have paid taxes for last 25 years versus an out-of-state owner who would not Okay, thank you.

The next speaker is Jack Scott.

And Joan Harris, if you'll make your way to the front.

Good evening, Mayor and members of City Council. My name is Jack Scott, and I live in the Carrollton Village Westneck neighborhood.

I'm here to speak in opposition to the current rezoning proposal.

I live on the Majesty Lane with 25 neighbors, which runs parallel to the golf course open space, which is currently proposed for development of 53 new homes.

The proposed new homes will be built approximately 50 feet from our existing houses.

Time doesn't allow me to tell you the premium we paid and the enjoyment we have living adjacent to a preservation one open space in in Virginia Beach.

Currently we are surrounded up by all sides by overgrowth, unsightliness, and danger of a negligent landowner. No Westneck Village is more affected than Carrollton. Residents throughout the area are weary of the mess and are being told that the current rezoning proposal is quote the best deal we can get.

Sadly, the advocates of this deal bear little or none of the weight of consequence that we do in Carolton and Westneck. And worst of all, the negligent landowner is rewarded with millions in profit for destructive stewardship of property.

This is not what we in Carolton see as a fair and equitable resolution of a manufactured problem by a manipulative venture capitalist from out of state.

The residents of Carolton bought our properties when the green line was frequently referred to with assurances made by the city that land in this area was zoned and defined by an environmental and open space buffer.

[snorts] Reference to the green line doesn't get seem to get much [clears throat] attention as it did did years ago, but it means something to us because that's what you told us when we bought our homes.

To put this in current context, earlier this year, following decisions by the Virginia General Assembly to deny the blue line protection for agricultural land that was proposed by Virginia Beach officials, several Virginia Beach Council members spoke in favor of the blue line.

And respectfully, sir, the mayor said, "I intend to honor my commitment and maintain the blue line for as long as I'm in office and even after I'm gone."

Well, the current council are back up the transition area guidelines as presented to homeowners in the comprehensive plan when we bought our property in the same way you're assuring farmers of land protection in the future.

The issue of public trust is being measured here tonight.

This is not a time for the city to abandon its plans and its citizens. It's time to come to the defense of our stated ideals and protect our existing investments. Please reject this rezoning development plan, respectfully.

Thank you for coming.

The next speaker is Melissa Drout.

Linda Jaycoff, if you'll make your way to the front.

Then Ted Quinter, if you'll make your way to the front.

Good evening. Good evening.

My name is Melissa Drout. I'm a resident of Courthouse Estates, which is adjacent to Westneck. And I'm the leader of Responsible Growth VB, from which you received 260 emails in opposition to this project.

Residents who spoke in support of this project earlier raised real concerns, and those concerns deserve to be addressed. But that's not the decision before you today.

The question tonight is not whether something should be done.

It's whether this proposal is the right use of this land.

What we've heard repeatedly is that something is better than nothing, but urgency cannot replace standards.

Because standards matter.

And they're already in the record.

Um the land was already counted as open space to justify existing housing density. It is permanently zoned preservation one.

And there are still unresolved concerns about flooding, infrastructure, and emergency access.

Those are not emotional objections. They are planning considerations.

Even the residents who support this application have acknowledged that this is not the best solution.

It's just the only one in front of you today.

And importantly, key elements of this proposal that make it desirable to many of those residents, such as the golf course and the walking trails, are not guaranteed. But this rezoning and its impacts would be permanent.

While we have a housing affordability crisis, these units will not meaningfully increase the affordable housing available to our community.

In addition, the city's plans already direct growth in housing to appropriate areas through infill and redevelopment in the designated strategic growth areas, and not on preservation designated lands.

Now, the current condition of this property is a result of decisions made by this landowner over time.

City Council should not be placed in a position where approval becomes a solution to that problem.

Because that creates a precedent that the current condition of a property can be used to justify rezoning.

And that precedent will not stay isolated to this property.

Your role is to apply these standards consistently. So, I would ask you to consider one simple question.

If this same proposal came forward without a deteriorated property, would it meet your standards for approval?

If the answer is no, then the right decision is to deny it and allow a better solution to emerge.

I urge you to deny this application.

Thank you so much for your time. And thank you so much for coming.

The next speaker is Kathy Stellman.

And Donna Scott, if you'll make your way to the front.

Good evening. Good evening. Thank you, Mayor. Thank you, City Council members.

My name is Kathy and I'm resident of Wordsworth, the largest village in Westneck.

And I'm here to express my strong opposition to the rezoning of Westneck City True Golf Course.

The proposal con- conflicts directly with the intent of the transition area and the green line, which were established to protect the character, environment, and liv- livability of the city.

And my husband and I chose to make our home here because of the natural beauty beauty, the forest, the farmland, and the sense of open space that defines the community.

Approving this rezoning would set a dangerous precedent, opening the door for simila- similar development in other protected areas, and eroding the very qualities that make this place special.

I also want to raise a serious public safety concern. And this is in the village of What- Wordsworth alone. I frequently see EMS and fire vehicles responding to calls.

Many of our roads are approximately 20 ft wide.

If construction vehicles block these roads, even temporarily, emergency responders could be delayed, putting residents' lives at risk.

It is also important to note the property owner does not live in this community.

He will not experience the long-term consequences of this development or the loss of fore- forested areas that residents value so deeply.

His interest is financial, but the cost to our community would be far greater.

Many of our property values are tied to the fact that we are within the transition area.

If this project is approved and the land is rezoned, it could neg- negatively impact property values, potentially leading many homeowners to seek reassessments.

And I also want to add on from hearing other uh speakers that I grew up in the city of Albany, New York, in a densely populated area. And we in the city experienced squirrels, raccoons, rodents, wild turkeys, and even coyotes.

So, today I'm asking you to help pre- us preserve the beauty, safety, and integrity of this community by rejecting this rezoning request. Thank you for your time.

Thank you for coming.

The next speaker is Joan Harris. And Bill Scholes, if you'll make your way to the front.

Good evening. Good evening, Mr. Mayor and members of the City Council.

My name is Joan Harris. My husband and I have lived in the village of the Grove for 21 years.

You are being asked to change zoning to financially benefit a developer to the detriment of the quality of life of our Westneck community.

Created as a planned development, the Villages of Westneck was the first ever 55 plus community in Virginia Beach.

Our community of homes was built with a centerpiece of an of a signature golf course, an Arnold Palmer signature golf course. The United States Fourth Circuit Court of Appeals last month characterized it as a development plan.

Approximately six years ago, that golf course property was taken as collateral security for non-golf course debt and was purchased by an out-of-state investor developer who has allowed it to decline.

It is difficult for our community to understand how a property that is allowed to decline over time can now become justification for a major change.

The investor has proven to be a bad steward and a bad neighbor. He has failed to maintain the golf course, has erected spite fences, has refused offers of purchase for it to be returned to a golf course, has hired an armed guard with a dog to keep us out, and now asks you to reward that poor conduct by changing the zoning so that he may make larger profits.

You have heard about the myriad of issues this creates: density, traffic, quality of life, safety, and character of our community, to name a few.

However, an important issue about which you haven't heard is the moral issue.

We Americans have been taught not to accept intimidation and not succumb to bullies.

I stated above the qualities which the investor has displayed to our community.

Now he comes to city council attempting to force your hand and say, "If you don't give me what I want, I'll continue to ruin the property and the community of Westneck."

His attitude and actions clearly show that he has no interest in the property or concern for the residents.

The choice before you is how to balance the interest of an established senior community and those of a private developer. I respectfully ask you to weigh that balance carefully and consider those who have relied on the original version of this community.

Please deny.

Thank you for your time and consideration. Thank you for coming.

[clears throat] Sorry. The next speaker is Linda Jacocks.

Good evening.

How are you?

Good evening, Mayor and members of council.

My name is Linda Jacocks and I've lived in the Villages of Westneck for 7 years.

Before moving into Westneck, I lived in Pungo for over 30 years.

[clears throat] I came into Westneck kind of understanding a little more about than average about stormwater runoff and land management and responsible growth.

If this meeting tonight was just about a restored golf course, I wouldn't be here.

You know, I have absolutely no opposition to what the Leechmans were trying to do.

Um and I think you heard that over and over again tonight.

However, tonight I'm going to urge you to deny this rezoning application.

This decision should be straightforward.

The approval has been in consistency with legal guidance, adopted policy, and required process.

First, the planning commission's recommendation to approve this application directly conflicted with the advice of the assistant city attorney who was present and consulted during deliberations.

I was there. I saw it happen.

Um and that is exactly the way it played out. So, I don't know how much of the that recording that you saw, but it was it was uh pretty interesting.

That was not a technical oversight.

Legal guidelines exist to ensure your decisions are defensible.

Ignoring it exposes the city to legal risk and undermines confidence in the process.

Secondly, the rezoning violates the city comprehensive plan. I've heard all the discussions about whether it's a guideline or a rule, but that plan should not be optional if we care about responsible growth.

It is the governing framework for plant land use decisions and exists to ensure consistency fairness and predictability.

When the comprehensive excuse me plan is disregarded, it ceases to have meaning.

Third, property that is zoned P1 preservation has that designation for a specific reason.

To protect environmentally sensitive low-density areas.

It is intentionally restricted. It was never intended to be reinterpreted through exceptions to allow residential development.

Finally, the approval process up to this point itself is just fundamentally flawed. The planning commission relied on proffers that were suggested at the time of approval rather than being submitted and reviewed prior to the public hearing.

That's not how a proper process is supposed to work.

Proffers are not afterthoughts. They must be reviewed by staff, evaluated for impacts, and made available for public scrutiny. Introducing them at the point of approval bypasses this process entirely and denies transparency to both staff and the public.

Taken together, this approval is legally questionable, inconsistent with adopted policy, and procedurally deficient.

Approving this rezoning would weaken the comprehensive plan and establish the precedent that preservation land is negotiable and signal that legal guidance and proper process can be ignored.

Thank you very much. Really appreciate you coming.

Sorry.

The next speaker is Ted Quinter, sorry. And then uh Jessica Windish, if you'll make your way to the front, and Mark Conway, if you'll make your way to the front.

Good evening, Mr. Mayor, Vice Mayor Wilson, council members, thank you for the opportunity to speak tonight. My name is Ted Quinter. I'm the board president of the Browningstone condominium in the Villages at Westneck.

I am a retired Marine pilot with 27 years experience uh uh service. My wife and I chose Virginia Beach in the Villages at Westneck for our retirement home and I'm here tonight to defend it along with my neighbors.

The citizens of Westneck support responsible development in the transition area that protects, honors, and preserves open space.

When approving the Westneck master development plan, the city concurrently zoned 200 of the 486 acres included in the plan as preservation one to protect and preserve it as open space and to preserve the recreational amenity.

These parcels are an integral part of the approved Westneck master plan.

This is significant, too, because it is the only preservation one land in the entire 5,900 acres of the transition area.

Never in the [snorts] history of Virginia Beach has there been land specifically set aside by city council and protected as P1 that later became a site for redevelopment of homes and buildings.

A preservation one district is special.

It's viewed as citizens by citizens as a covenant between the city council and residents.

To our knowledge, no preservation one promise has ever been and should not now be broken by its revocation for further development.

Approval of applicant's rezoning request breaks that covenant with citizens and shatters the public's trust that the city council will keep their word and do what's right.

Citizens of Virginia Beach support responsible development that doesn't destroy the character of a well-established age-restricted neighborhood.

The P1 property of the former golf course does not lie adjacent to housing.

It lies fully within a mature, age-restricted neighborhood filled with veterans.

A 143-home subdivision plopped in the middle of Westneck will significantly increase density, decrease the promised open space, but most importantly, it will dramatically damage the character of the of the community.

Over the past 25 years, well over 2,000 citizens have bought homes there relying on the representations that P1 open space would remain to protect the rural character and stability of the Villages.

And as was mentioned, section 1100 of the zoning code says the city doesn't intend to enlarge or create any new PDH1 or PDH2 districts. That's exactly what this application proposes to do.

The Preserve at Westneck preserves nothing.

It will destroy a mature, age-restricted community.

This neighborhood destruction would be a precedent-setter. It's never been allowed anywhere in the city. And the precedent would be set is disturbing and should not be allowed here.

Applicant Citizens of Westneck support responsible development for affordable and achievable.

[clears throat] The applicant claims the project will help solve the affordable achievable housing shortage and alleviate the crisis.

The 5,000-unit shortage being talked about not about senior housing and it's not even about total housing. It's about affordable housing for entry-level people on the lower income level.

The Harrison Lear proposal doesn't do that.

It's laughable that proposed homes and the announced 575 to 750K price point with zero amenities will do anything to solve the affordable and achievable.

As reported here earlier, market forces have been helping the shortage the last 2 years or 2 years prior to this, 2,282 new units were put on the market.

1,700 or so are in the pipeline. In any case, these numbers indicate to me that it is not I repeat, not an overriding public interest that requires the taking of preservation land for erection of housing.

There are countless untold numbers of acres elsewhere in the transition area in the city where housing can be built to solve the problem without taking preservation land to solve it.

Citizens of Westneck support responsible developments in accordance with the comp plan and the guidelines. We've heard a lot tonight.

Just a reminder, you haven't heard enough yet, one more time at least, TAITAC, the planning department, both twice recommended disapproval. You've heard the reasons, I won't go over them again, but specifically, infill redevelopment is a tool primarily used for recovery and revitalization of economically depressed areas.

It's used for rundown urban land areas.

It's not appropriate for Westneck.

Current and future comp plans prohibit infill development south of the green line. It shouldn't be used in Westneck for destruction of the community.

The only thing different this second time around is the nine-hole golf course.

This is focused on to divert attention away from the central issue, the rezoning of P1 land.

All the land in question is already zoned P1 with a conditional use permit for golf course. It could be a golf course if the owner so desired.

Rezoning is not required for golf.

Yet the applicant focuses much attention on it as an inducement to approval.

What's required for golf?

A dishonorable quid pro quo.

The owner says, "You give me the rezoning of your open space that I want and I'll give you a golf course."

Somehow, it's not clear how.

It's kind of a hostage taking.

No rezoning, no golf course.

There's currently no lease.

There were originally no golf course related proffers. The proffers added since the planning commission also can't guarantee a golf course.

They only serve to muddy the waters.

They're confused They are confusing and create uncertainty.

Proffers 14 and 15 actually say that all that is required if this is approved for them to build and occupy 71 homes is a land disturbance permit.

There are other things, but if they get a land disturbance permit, that's all that's required. Proffer 16, as has been discussed, is very confusing, but it unloads maintenance responsibility for the remainder of all the property to an unsuspecting HOA that doesn't yet exist.

The proffers related to golf course restoration are not legally binding.

They create uncertainty. And again, they would allow half of the proposed new houses to be completed before anything except a land use permit is done.

Residents at Indian River and Westneck rightly have concerns over the unsightly overgrowth, the critters, and the safety concerns on the property.

This was created by the absentee landowner's stubborn refusal to maintain his property up to the declarations and the city's zoning standards.

You have listened to many homeowners from Indian River Plantation express support for a golf course to alleviate their concern.

But Indian River Plantation only sees one solution.

A restored golf course.

Which costs them zero dollars, zero disruption, zero inconvenience, and nothing changes in their neighborhood. Why wouldn't you like that?

While they complained, Westneck went to court in 2021 for a solution, enforcement of our governing documents, and as was reported finally on February 24th of this year, the US Fourth Circuit Court of Appeals ruled, among other things, that the Westneck Homeowner Creating Association created by the declaration is an integral element of the master plan.

And that the association, quote, is the primary entity responsible for enforcement of governing documents.

This ruling held that the golf course is property within the Westneck development plan and is subject to all of the provisions of the governing documents.

The declarant is now subject to the governing documents of Westneck, and the Westneck Homeowners Association is responsible for their enforcement.

The Westneck Homeowners Association now has the legal ability to require restoration of all the property up to our community standards.

We will complete it.

And we will complete it sooner than the developer can, cuz he has to go through site construction. There's no guarantee of a golf course. Don't watch the shiny object.

You've received 4,789 individual letters from Westneck residents, all in opposition, of which I'm aware. There could have been more. I know you didn't read them all, didn't have to. A lot of them were the same letter, but people took the time to sign them.

1,194 petition signatures and 260 letters from Responsible Growth.

Rezoning is not supported by a supermajority in Westneck. Some Westneck residents spoke in in in favor of it tonight, but 66% 975 of 1,465 residents have signed petitions that said they don't support it.

[snorts] That's pretty big.

The most important thing about that is that's the most affected people by this.

We're going to have homes built 50 ft from my back door. Not mine, but my my neighbor's back door.

Approving this application would send a dangerous message that ignoring ordinances is an acceptable pathway to rezoning.

What you decide here doesn't stay here. It becomes the playbook for elsewhere.

On behalf of 6,258 residents, we ask you to vote no.

Thank you very much. Appreciate it.

Thank you.

Thank you for your endurance tonight.

Thank you. Sam Perfil.

The next speaker is Donna Smith.

And then [clears throat] Mark Conley, if you'll make your way to the front.

Good evening. Hi. My name is Donna Smith, and I'm a retired Virginia Beach public school teacher. 34 years.

Thank you.

living and breathing.

Uh Um I stand before you today as a resident of Wordsworth Village in the Westneck neighborhood to express my strong opposition to the proposed rezoning that would add 143 new homes to our established over 55 community.

My primary concern is residents' safety during and after construction.

The critical safety issue is emergency access.

Cadence Way is the only road in and out of our neighborhood, and it's not as wide as a standard residential street.

Yet the developer proposes to funnel four new streets directly into it. Three for the 143 new homes, plus a service road and maintenance yard for heavy equipment storage.

If approved, contractors will tear up Cadence Way for months or years to install water, sewer, gas, and electric lines.

I ask this council, what happens when a resident has a heart attack or stroke and ambulances cannot get through construction zones?

What happens when fire trucks are blocked by torn up pavement and construction equipment?

Our senior residents have higher medical needs and depends on reliable emergency response times.

Has the fire marshal reviewed this?

Has EMS been consulted about maintaining response times to this community during years of construction on Wordsworth's only access road?

The density problem, well, it isn't just about construction. Four new roads converging into one substandard width road means 143 homes equals approximately 286 additional cars.

Plus ongoing heavy traffic equipment and traffic from the service road and the maintenance yard.

Plus garbage trucks, delivery vehicles, and construction traffic. All funneling through a road that wasn't built to handle even a fraction of this volume.

Our Wordsworth residents, many using walkers or wheelchairs, will navigate construction chaos daily to reach medical appointments.

After construction, you cannot force three streets' worth of traffic through one narrow road and expect anything other than gridlock and emergency access failures.

The Villages of Westneck residents purchased homes in an over 55 community specifically for a quieter, peaceful environment. This rezoning will destroy irreplaceable wooded areas and open spaces.

Appreciate it. Okay. Thank you very much.

Thank you for coming.

The next speaker is Bill Scholes.

And Richard Conger Shan, if you would come to the front.

Good evening. Hey, good evening, sir.

Uh thanks for your time and your service to the city. I want to say that to particularly this evening. Um truly an endurance course here. Appreciate it.

Thank you very much. I'm going to ask you to vote no on the current proposal.

Um you've heard a lot of different reasons this evening and a lot of very, very detailed comments have been made before me. I'll try not to rehash it too badly, but I'm afraid I'm going to have to just a bit. So please bear with me.

So the previous documents in the record showed that the only reason the Village of Westneck was allowed to be built with homes so close together was because the other areas of the development would be preserved as open space.

I think you heard that earlier as well.

That open space has been spoken for.

It's there. It belongs to the residents of Westneck.

It is part of the original covenant agreement to establish the communities.

To now build on that open space denies that the land's capacity was already used up.

This proposal to build 143 more homes and the accompanying infrastructure only further compounds the problem.

Although it's been presented to you several times this evening that the problem has been created by Westneck. It has not.

This community was established in 1999 and under those agreements, it was established in a way that the priority of work was the golf course which should be completely done before the developer was allowed to proceed with the construction of homes. That was the investment that was made and the priority that was placed at that time.

As you heard earlier in the history of Virginia Beach, I've never heard of land specifically set aside and protected by the city council as P1 preservation becoming a site for new development, buildings, or homes.

The rezoning request comes after more than a thousand homeowners were led to rely on the P1 protection and section 1100 of the zoning code which says it is not the city's intent to enlarge or create any new PDH1 or PDH2 districts.

Exactly what this application seeks to do and I think you heard that earlier, but it bears repeating. Exactly what this application seeks to do.

If this becomes a precedent, people in the neighborhoods across the city will be concerned that parks, open spaces, and other nearby P1 preservation areas they cherish and have have come to expect to remain protected could next be open for development. Open season.

Perhaps.

Most everyone in the village of the Westneck wants the golf course to be re-established.

My hats off to the Leishmans. Thank you very much for your your sacrifice and your consideration. We respect that.

We get it.

But the speculative land landowner and the developer are the only ones that want the property be re- to be rezoned and 143 homes built right in the middle of Westneck. I believe the best way to address this situation is not by casting aside generations of land use policies that have served our city well, but to vote no on this proposal, rezoning and request request for 143 homes.

Green space is community space.

To close this out, the option to reopen, sell, lease this high-quality golf course amenity has always been on the land has always been on the table. It's always been available and it this path can be chosen.

much, sir.

Thank you, sir. Have a nice evening.

The next speaker is Paula Rodenberry.

And Steve Yurai, if you will make your way to the front.

Good evening. Good evening to council.

Thank you so much for staying awake to hear me. I It's almost done. We promise.

But a lot of this is repetitive and I can understand that it's very easy to get distracted, but I want to tell you we I this bears repeating.

We're not coming up here saying the same thing over and over because we didn't think you heard us the first time. My neighbors and I chose to purchase homes in Westneck due to the current quiet open space and the zoning offered. I actually checked the zoning before I moved in there because I face an open space.

The residents who wanted to have another house in their backyard already chose that option. That's available in Westneck. You can back up to nothing.

You can back up to an open space. You can back up to someone else's yard. They had that choice.

They did not buy a space to have a house put within 50 ft or a walking path. To my understanding, that's going to be open to the public.

Any time of day, anyone can walk by this path and look in someone's backyard.

I don't have one of those houses. I would actually benefit. I'm on the front nine where all the Indian River residents are who are going to benefit from the beautiful golf course.

If they really want houses in someone's backyard, why don't they put the houses on the homes that are adjacent to the Indian River Plantation people?

That way they can enjoy a new neighbor in their yard or a view of someone's roof.

Thank you very much. I really hope you take this seriously. This this means a lot to us. This is no way to treat your elderly citizens.

Thank you again.

Thank you for coming.

The next speaker is Jessica Windish. She is the chair of the T A and Mary Piccola, if you will make your way to the front.

Hey there.

Good evening, Mayor Dyer and members of city council. I am speaking you all to you all tonight as chair of the T A I T A Citizens Advisory Committee. For the viewing public's knowledge, in case you're unaware, our committee has been charged by the city council to serve as a liaison between residents and or businesses and our city council concerning land use matters within the T A I T A.

The committee is additionally in place to advise city council on matters pertaining to compliance with the comprehensive plan, the T A design guidelines, and the I T A vicinity master plan.

As previously indicated in a letter that was sent on February 25th, 2026, the committee recommends denial of this application for non-compliance to the above-mentioned documents. I am not going to tell you anything you haven't already heard tonight, but again, it is our responsibility as this committee to report back to you all, so that's what I'm going to do.

The T A I T A C A C voted at our meeting in February to recommend denial of these applications due to non-compliance of key provisions of the transition area design guidelines and the comprehensive plan.

The non-compliance is primarily related to density and open space policies. The recommendation is also consistent with the planning staff recommendation that was provided via staff report in February.

There are clearly a lot of feelings in this room and it is obvious that something must be done in this neighborhood.

But I will review for you six significant facts outlining why this is not the correct solution.

One, the proposal directly conflicts with the general legislative intent of section 1100 of the city of Virginia Beach zoning ordinance which explicitly states that it is not the intent to create new PDH1 or PDH2 districts or to enlarge the limits of existing ones.

The conditional rezoning application effectively enlarges the scope and functional limits of an existing PDH1 district in a manner inconsistent with that section and results in a de facto district within district configuration.

Number two on the list, the conditional rezoning request would convert over 60 acres of land that is zoned preservation to residential PDH2 zoning for those 143 homes we've been hearing about all night.

[snorts] This land was intentionally preserved and among the dedicated open space requirements established when the housing that currently exists in the Westneck development was approved and built.

Developing the preserved space is counter to the design guidelines in place then and now.

Approval of these applications disregards the value of the preservation zoning in place and the expectation of 50% open space which was already lowered to begin with.

Um that was in space in place to protect these lands from future development. It also sets an unnecessary precedent with far-reaching implications for citywide open spaces, land preservation in general, and neighborhood preservation efforts.

If [snorts] infill is approved here, where else will it be approved next?

Number three, the 1999 rezoning that was approved in order to develop the current neighborhoods already incorporated this preserved land into density calculations which included density of 2.4 homes per developable acre that was granted in excess of the comprehensive plan and the T A design guidelines directive of one dwelling per developable acre and this is commensurate with all expectation below the green line.

The [snorts] prior approval was expressly contingent upon the permanent preservation of an 18-hole Arnold Palmer signature golf course as an open space amenity in this age-restricted community.

This request will violate this contingency and will increase the density beyond that which was already approved at an excess of 2.79 dwellings per developable acre with further which further exceeds the maximums in this area of the city.

Number four, as shared by many residents here tonight, this proposal will significantly and negatively impact an established age-restricted community.

The preservation and well-being of established neighborhoods are clearly stated priorities in the comprehensive plan. Another reminder, our responsibility is to guide you all on following the comprehensive plan.

And number five, although many residents may have made it very clear that their expectation is to see um a functioning 18-hole golf course on this land commensurate with that which they was in place when they decided to make this space their homes. This application proposes the future development of a nine-hole golf course. Bless you.

Many residents have also expressed that this compromise that has been proposed proposed is one that they're willing to take.

Following the planning commission's recommendation of this application, despite recommendation for denial by planning staff, a minor revision was made regarding the golf course with a stated change from {quote} proposed three-par course and putting and chipping practice green to {quote} proposed outdoor practice facility.

This change to a vague description of what is to be developed further complicates the possibility of a nine-hole course actually coming to fruition.

The one thing that the bulk of the residents were in favor of this entire project for.

Let me explain further. The application before you seeks approval that will facilitate the sale of 60-plus acres of preserved land to the developer, while the current owner would retain approximately 140 acres of that preserved land until certain conditions are met outlined in the proffers.

Although there are in fact proposed proffers to eventually improve and further convey that to the future HOA, the remaining open space that is planned to be converted to forest trails and a golf-related amenity, not sure about the nine holes, the developer may start the housing project on this land that they will be able to purchase and make its way through all site development with

new housing in place save the first certificate of occupancy before an approved plan is even in place for the golf course.

Additionally, 50% of the new homes can be in place with certificates of occupancy and any other number of homes could be in the works prior to the current owner actually breaking ground on that golf amenity, again, amenity not necessarily nine holes, and conveying it to the proposed new HOA.

As history has proven in our city, this scenario casts a little bit of doubt and concern. The possibility of future requests for amendments to the proposed proffers, should the current owner not deliver on the promises they are making regarding the 140 acres while the develop developer works away on those 143 homes, is not an unreasonable concern.

Number six, and the last one on the list, the need for housing in Virginia Beach has been repeatedly noted as a basis for support of these applications.

These 143 homes proposed in an age-restricted neighborhood at a price point well above affordability metrics does not address the actual housing needs in our city. Again, you've heard most of these things tonight already.

Those that continue to use this support for these applications are promoting a false narrative.

Approvals to make way for this housing development is not a solution to the real issue in our city for affordable housing, and it is a real issue. Relying on a perception of housing demand alone, regardless of noting the kind of housing our residents actually need and want, to override other considerations is inconsistent with the comprehensive plan's balanced approach to land use,

neighborhood preservation, open space protection, and orderly growth.

With these points and everything presented tonight by your constituents, you all now have numerous legitimate and well-founded reasons to deny these applications.

You have no compelling reason beyond feelings regarding golf, wildlife, natural hazards to set aside the zoning ordinances, the recommendations of professional planning staff that you employ, our adopted planning policies, or the concerns of taxpaying residents to approve this.

The committee respectfully urges that the city council deny these applications.

Denial will further prove that the planning documents approved by you, the city council, such as the comprehensive plan and the TA design guidelines, are in fact used with fidelity and integrity by our city council to promote strategic and appropriate growth and preservation in our city.

On the cusp of a new comprehensive plan, and as general practice of good governance, building trust between your elected officials, our elected officials, and constituents is crucial.

Thank you.

The next The next speaker is Mark Conley and Mark Gallish, if you'll make your way to the front.

Good evening, Mr. Mayor, council members, city staff.

Mark, can you pull the microphone a little closer to you? There you go.

Okay. So, is this better?

Good evening, Mr. Mayor, council members, city staff.

Thank [snorts] you for the opportunity to speak with you this evening.

And thank you, Councilman Remick, uh for taking the time out of your busy day yesterday and respond to my email.

Greatly appreciated.

I'm here to request all of you to follow the city staff's recommendation to deny the application to rezone the property at Westneck.

My wife and I moved here to the due to all that the city of Virginia Beach had to offer as well as what seemed to be a pretty strong growth plan.

We chose to live in Westneck due to the density and open space protection provided by the transition area guidelines.

Since then, we have suffered through a few attempts by the landowner and developer to bypass those guidelines and profit off the citizens of Westneck.

If the guide night guidelines need uh are outdated and need amending, council should uh really revise them and not be making exceptions to them.

Please do not reward the property owner for his several years of neglecting to maintain his golf course property through all the court cases and appeals.

Instead, vote no on this petition and hold the out of the owner accountable while upholding the final court decision regarding all the property maintenance.

That maintenance is long overdue.

My request is simple.

Deny the application, enforce the current transition area guidelines, and support the court's ruling.

It's the right thing to do, and doing the right thing is what the citizens of Virginia Beach expect. Thank you.

The next speaker is Richard Kangas Ian.

And then Larry Walker, if you'll make your way to the front.

Good evening, all.

Thank you for doing this.

I did thank the mayor and the city manager. You did a great job at the state of city address. I watched it twice, and I was quite impressed. I thought it was great.

Yeah.

Thank you very much. You were great. You were good, too. But um He gets He gets the credit. He's a He's a good one. Um anyway, I agree. Here I am. So, anyway, I'm here because I have to tell you, I shouldn't even be here.

We shouldn't even be here at all. Why are we here? Because the planning commission decided to disregard the findings of two committees. My speaker two speakers before here laid it out very nicely. I was very impressed.

We shouldn't even be here. This should never have been to brought to this council.

Okay? There's really no reason why they did the planning commission approve approve this.

You look at it and you say, "Why did they approve it?" Well, I must admit, I wasn't at the meeting, but I talked to my neighbors. I live in Arthur Park in Westneck.

And I read some of the issues. I saw something on TV as well. And one of the seven commissioners said, "Well, we're getting a free traffic light."

Now, I don't know how much traffic lights cost. Someone quoted a million dollars or something like that. Wow.

Free traffic light. Another one said, "We need a lot of housing in this city, so we better just approve it." Now, the third thing I heard, again, was quoted, is that I'm going to get the clock here.

Um was that well, I was in the Navy and I was on an air force aircraft carrier, so it made a lot of noise. So, if I could handle it, so could my neighbors.

That's absurd.

The fact that I'm even here talking to you now is equally absurd because we shouldn't be here, okay? So, I ask, "What's the purpose of the planning commission? Is it to simply rubber-stamp anything that brings in what this 3/4 of a million dollars in annual property taxes to the city and a free traffic light?" Don't forget that traffic light.

Come on. Really, let's be serious here.

Good news is I'm one of the last speakers, and even better news is you guys have a right to right this wrong.

You have the ability tonight to fix this and make it go away.

Okay? A lot of reasons have presented been presented to you to not It's approve it, and a lot of a of reasons have been presented to you to approve it. I suggest you don't approve it because what's compelling is the future of our city, okay?

You can't have an environment where people don't want to come here because they just are plowing land up and building homes for the sake of building homes. You can't have that.

much. Really appreciate you coming.

Okay. Thank you.

Make sure it's the next state of the city, too. Okay.

Thank you. The next speaker is Steve Ealey. Yeah. Thank you. And Christopher Cronin, if you will make your way to the front.

Hey, good evening. Uh good evening, Mayor and council members, and Mayor, I'm a retired Air Force guy, but I'll give you a simplified shout out anyway.

Okay.

Okay.

All right.

Uh I'm an original homeowner in Westneck. I moved here nearly 23 years ago, and I am unequivocally opposed to the Harrison Lear development development plan.

One important attraction to Westneck my wife and I were looking at here was the fact it was 55 and older cuz we were right there at that at that window. And the signature Westneck golf course was a big plus. Two of my boys after we played it convinced us to move here for that reason. Um when we were moved here, uh we lived in uh Emerson Spring initially.

It was still under construction. We said, "Okay, we'll put up with it." We knew when it was finished, it would be finished. No more. But, of course, we also had to watch them build both condo villages, the Grove, and uh uh Rosecrest. Uh an overwhelming majority of Westneck residents have more than once voiced opposition to this and the previous proposal. And with respect to uh the Leasmans, uh neither the

current golf course owner nor Harrison Lear president Jonathan Skinner live in Westneck, and at the best of my uh knowledge, none of y'all live in there.

So, if this is approved, none of you have to endure the noise, dirt, traffic, construction, congestion, and overall inconvenience for several years. And as Dr. Willing very uh well pointed out, the health hazards to us for that. Uh we Westneck residents should not be penalized for the failure of JBWK to complete his due diligence prior to his purchase of the golf course property regarding zoning.

This is the only 55 and older community in uh Virginia Beach. It is an outstanding community. Please don't ruin it by allowing a development within a development uh to come in there.

Uh the golf course should be restored to what it was before Dicky Foster closed it.

Remember, you're supposed to work for the citizens of Virginia Beach, not some outsiders with the exception of Mark and Audrey Leasman who are just trying to make money on our backs.

Ask yourselves this, is the small, and I mean small, increase in property taxes that you'll get worth selling us out? If that's your attitude, then perhaps you have no business being on City Council.

In closing, I leave you with this.

Choose carefully how you cast your vote.

Is your priority the citizens you supposedly represent or some outsider who only has a personal financial interest? Please vote no, and thank you for your time. Appreciate you coming.

Thanks.

The next speaker is Mary Piccola.

Mark Scott, if you'll make your way to the front.

Good evening. Good evening. I'm Pat Piccola, Mary Patricia Piccola. Um and I live in Westneck on in Carolton Village.

People bought homes in Westneck because of the quiet and beautiful open spaces that will be gone if this application is approved.

I have been a resident for 23 years. I don't think it is fair that I and many others will spend our remaining years in a construction zone. The land was designated P1 and should remain as P1.

[snorts] What is the benefit to the people of Westneck to change this?

What is the benefit to the people of Virginia Beach to change this?

The condition of the golf course is terrible, but it shouldn't be.

The owner of the property has not been a good neighbor. In fact, he has been vindic- vindictive.

The idea of a nine-hole golf course is a great one, but not at the expense of senior citizens having their lives disrupted for years by trucks and other machinery making noise and stirring up the ground where older adults with health issues will suffer.

I never thought I might have to spend three my my remaining years in a construction zone, and I hope you vote no so that I don't have to. Thank you very much. Thank you.

[clears throat] The next speaker is Mark Gallish.

And then Carol Jones, if you'll make your way to the front.

Good evening.

My name is Mark Gallish.

I'm a retired PA from the military system with the Coast Guard.

I like to end this right now, and I like to tell everyone here that you have done a good job, and you're going to continue being a good person more often.

And that includes all these people.

Get together with your families. Give them more strength that they have a bond with you.

It's very important.

Thank you. Good night. Thank you.

The next speaker is Is that Mark Gallish there?

That's who just spoke. Um Blake Walker.

And then Donna Scott, if you will make your way to the front.

Good evening. Good evening, Mr. Mayor and council. Uh I will be very quick. I think I'm your last one for the evening.

Uh um So, a couple years ago, Harrison and Lear submitted a proposal that just had housing, nothing else, and they pulled their proposal when the city staff recommended denial. Didn't even get to the planning commission.

And now they're resubmitting because they put a go- nine-hole golf course, conflated it with their proposal to convince you all to to approve. Why?

Those are two separate projects, separate people developing their interest.

The nine-hole course, any 18-hole course could have been developed years ago if the owner of the land wanted a golf course.

I asked Mr. Skinner at a informational meeting that he held at Westneck, loud and clear, so everybody could hear, it was packed, if the city denied his housing, would the owner still allow the golf course?

His answer was emphatically no.

What does that tell you?

It tells me the the owner has no interest in a golf course. He didn't care about the golf course. What- however long it takes, but he sees that it's a shiny bauble hanging in front of you. He wants the housing.

The golf course, if it happens, it happens.

How does that play What I really want to ask you is the comprehensive plan.

You're going to be voting on that come soon, right? The comprehensive the revision.

That's a good plan. I've looked it over.

You spent how many millions of dollars with a contractor to help develop that plan.

How many countless hours of staff time to develop it?

And how many Virginia Beach citizens did you invite to come in and give their opinion on how the city should develop itself and be in- their ideas be included in the comprehensive plan?

And yet, I'm be- I was told by a planning commission member, it's aspirational.

And I've been told that you've been advised that it's aspirational. What does that mean?

You follow it when you want?

Or or are you just getting a check in the box for state requirement to have a comprehensive plan that you don't intend to follow?

I recommend you do. It's a good plan.

It also would prohibit rezoning.

Thank you. Thank you.

The next speaker is Christopher Cronin.

And then Francis Raven, if you'll make your way to the front.

[snorts] Good evening. Good evening.

Mr. Mayor and members of the City Council, I'm Christopher Cronin from Westneck Village.

I am opposed to the rezoning and have six questions for you.

My first question is this, why does the landowner need or deserve his own change when there's no shortage of residential land elsewhere? There's no need or necessity here.

The landowner simply wants to make a huge profit turning a $2.5 million golf course into 143 upscale houses with a market value of about 70 to 80 million.

This leads to my second question. Are members of the city council in the business of rewarding windfall profits to get-rich-quick developers while turning a blind eye to city planning guidelines and collateral damage to the sacrificial residents of Westneck Village?

My third question is why did our Virginia Beach Planning Commission recommend approval of P1 zoning when the experts in the planning department did not?

The hearing transcript indicates that planning commissioners lost sight of the central issue, construction of 143 new houses in a protected open space. Commissioners focused instead on a sideshow punctuated by an emotional sobbing appeal to remove the fire hazard on the current golf course.

A fourth question is who are the winners and losers if P1 rezoning is approved by the city council?

With P1 rezoning, the landowner wins an enormous windfall profit. Meanwhile, retired residents and veterans in Westneck Village will suffer multiple adverse impacts including traffic congestion, construction dust clouds, loss of property value, backyard flooding, and loss of view, serenity, and wildlife habitat on the current P1 open space.

My fifth question is more personal. If you were a retiree homeowner who had moved to Majesty Lane in Westneck knowing that your backyard was buffered by a P1 open space zone, would you approve this unnecessary rezoning plan?

Why in the world would you be willing to accept that loss of property value and P1 protection?

Question six is key. Will you vote in solidarity for your neighbors or instead for an out-of-town developer on this consequent consequential rezoning application?

Reasons to deny rezoning are twofold.

First, the Westneck site plan approval in 1999 required that the 18-hole golf course would remain undeveloped to offset excess housing density in Westneck Village. If the P1 land is rezoned and more houses are built, Westneck Village will be out of compliance with the original terms of approval by the city council.

Second, approval of the rezoning will erode city council commitments to stable, dependable zoning regulations in Virginia Beach and will be the one and only time city council has ever approved rezoning of preservation land. For aging residents of Westneck much, sir. Thank you. Appreciate it.

Thank you.

The next speaker is Mark Scott.

Good evening. Good evening.

My name is My name is Mark Scott and I'm a resident and property owner in Westneck Village.

I'm here to add my voice in opposition to the rezoning plan being considered.

When my wife and I made our decision to purchase our home in 2022, we did so based on two main things.

Our research of the Westneck properties and plans and also our impression of the property when we visited the village.

From our research, we knew that the golf course was not functioning at the time, but we also knew that the golf course land constituted the open space legal requirement and would therefore remain undeveloped.

We also saw that even though the open space was not being maintained as it should have been, it was still open natural growth and would eventually either be somewhat maintained or it would evolve into woodland and still be natural undeveloped land and we were fine with that either way. Even with a few deer and squirrels and whatever. Um What we did not consider when we decided to buy our home was the possibility that

143 more homes and possibly double that number if the developer got what he really wants, might be constructed within Westneck and within our neighborhood on preserved open space land with the associated upheaval of construction and traffic that everybody's talked about and probable HOA chaos.

We didn't consider it because the zoning and preservation laws in place then and now did not allow that development and I believe it should should stay that way.

I was a construction project manager for 40 years on large projects such as what is being considered here and I can state from experience that a site work and building job of this scope dropped into the middle of an established community a few feet away from established 20-year-old homes, in underground infrastructure, and well-rooted landscaping would bring a lot of construction problems and years

of construction chaos, in noise, traffic mud dust security safety and more.

I've heard estimates of 18 months to a few years regarding the construction duration.

I can tell you for sure there will be unforeseen conditions, delays, extensions, and the duration will be a lot longer, years longer than what we're being told.

We bought our place under the existing zoning and preservation laws and they shouldn't to benefit an out-of-state developer.

I respectfully ask that the council defend the rights and investments of Westneck homeowners and reject the zoning application under consideration. Thank you. Thank you.

The next speaker is Carol Jones and then Donna Scott will be after Miss Jones.

Good evening. Good evening. Thank you for your patience. I'm a former elementary teacher and by now you all would have stood stood up and done about 15 jumping jacks. I don't know why you didn't get your seventh inning break here, but anyhow.

Um rather than repeat microphone down. I'm sorry. Thank you.

Uh much of what I had written down has been covered. I want to cover cover a couple phrases that I think need to be addressed. One is abandoned property.

The golf course was never an abandoned property. It was owned by someone who willfully neglected it to create leverage to make people want it over with.

If you had snakes in your pool or a fire in your backyard, maybe you should have taken legal action and I don't know that anybody at IRP did, but Westneck did and there I believe that their persistence both in lobbying lobbying us, lobbying you, lobbying the community and legal action is what finally opened the door to the nine-hole golf course we're considering today.

Otherwise, we'd have it started a long time ago and there'd have been a lot of land, houses, but no golf course.

The process is messy and long, but it has made progress in one way.

I'd like to talk about donated to the community. Please remember that we are not seeing an owner donating anything to the community. He's donating it to the HOA that does not yet exist. I foresee concerns between IRP and Westneck dealing with an HOA that we do not yet know.

I also want to talk about the stoplight.

When the Westneck community watched this take shape, I thought it looked odd and I called downtown and I'd like to the courthouse area and I want to say I appreciate the quick response.

He said, "What is your concern?" I said, "I have no data, but from 55 years of driving, this just feels it's new and it's awkward and it doesn't feel like it's going to work." He said, "Okay, I'll come look at it."

So, within a week, he called me back, don't know who it was, and said, "We've looked it over. We think this is going to work."

And I have to say I have never once arrived at that intersection coming or going and thought, "This intersection really needs a stoplight." I don't think [snorts] it does. I don't think the bus drivers Kellam will. I don't think the commuters on Westneck Parkway will think so. And unless H&L has some data to persuade the traffic people in charge, I don't think there's going to be a stoplight.

Thank you for the time. Thank you for pursuing.

Appreciate it. Comment.

The next speaker is Donna Scott. After Miss Scott, it's Francis Rayburn and Jack Lynch.

Good evening.

Good evening, Mayor Dyer and council members.

My name is Donna Scott and for 11 years my husband and I have lived in the Carrollton Village of Westneck.

Our home, a two-story contemporary that can be found in many of the villages in Westneck. We were first shown a home on an identical floor plan in another village which bordered Victoria Park.

We liked the layout and the features of the home, but not so but it was not that it was too close to Victoria Park and that we could hear their conversations.

Later, our realtor brought us to a new listing in Carrollton. When we entered the house, we knew we'd seen this before, but the minute we walked into the backyard and saw the view including the golf course and the open space amenity, we reacted immediately and signed a contract that day. The previous identical home sold for $326,000 after being on the market for 4 months.

Our house sold to us for $380,000 and was on the market for 2 days.

We paid a premium of 14% for our home.

The What will What will happen to our home values if this open space that we paid for is removed and replaced with housing 50 ft? I have the listings.

Tonight, you have heard how the absentee owner of the golf course neglected the property and it became a fire hazard. I would like to share with you another concern that a large number of our residents of of Westneck face.

The neighbors in Westneck Village have made purchases in their homes as their end-of-life homes.

They have worked hard and have done the right thing all of their lives.

They have served in the military and they have been worked in the private sector.

Within the past few months, eight of our neighbors have passed away.

I would like for you to imagine that you or your loved one are at the end of life and you have lived and have decided to stay in your home.

And you're 50 ft away from your home your home or even less, the noises [snorts] and the land moving equipment, dump trucks, paving equipment, building material deliveries, and non-stop hammering is going on while you and your loved one or your loved one have your last few days.

The other people have talked about other people have talked about being a compromise. A compromise is defined as an agreement of a dispute when reached when each side makes concessions. That is not is what going on here.

What is going on here is that is there a hostage situation and they are saying, "Okay, we'll give you these people for those people."

JBWK knowingly bought that knowingly bought the property that was zoned for preservation.

In which he has been allowed to bully our neighborhood with overgrowth and and metal fencing when we complain. He is now bullying the neighborhood with a development being dropped in the middle and and is asking us to asking you to zone the property to current status of preservation 1 to PDH1 and PDH2 and holding the development as ransom. I'm asking you tonight to vote no to Harrison Lear's request for rezoning and

honor the commitment that was previously made to preserve the property for the enjoyment of the homeowners.

very much. Appreciate it. Finally, a society is evaluated by the way it treats its senior population. Have a good evening. Thank you for your service. The next speaker is Francis Rayburn and then Jack Lynch.

Oh, I'm sorry. Francis is next, sir.

Okay, Jack Lynch is next and then Evidently I missed a well, I'll be able to get around of applause.

Uh my name is Jack Lynch. I'm a retired school superintendent. I live in the Rose Crest section of Westneck. I have for 14 years with my wife.

I'm not going to be redundant. I hope to be a little pragmatic. The most poignant thing that all of us have heard tonight were the tears of that captain and you folks and we witnessed that that fire.

And no one with a soul would take that light. However, the owner of this property does.

Early in this process, three of our neighbors went to the owner, said, "Please maintain this property."

His response was three 8-ft metal walls.

You don't like looking at weeds?

Look at this.

The man has no soul.

The last thing that should happen tonight is that this community and this community be separated in a fight.

You people in a terrible position. Your integrity will be questioned.

Promise to restore will be questioned.

And it's all the fault of greed.

Everybody in this room wants one thing and it's all I want. I don't have 30 years left like that 85-year-old lady.

I want my quality of life back.

That's all any of us want.

We'd love to have what was promised, but what we demand is our quality of life back.

Everybody on that dais knows who's responsible for that fire.

In no way should that man profit in any way, shape, or form for what he's done to this city and these communities. Thank you. THANK YOU.

YES, RAYBURN FRANCIS RAYBURN AND THEN MAYOR WE have we will move to webex speakers. All righty.

[snorts] Good evening.

Good evening, Mayor Dyer and member of City Council. My name is Francis Rayburn and I have been a resident of Westneck for 23 years.

When I was asked my position to speak a couple weeks ago, I replied, "Neither."

There was a long pause and then I heard, "Okay."

After listening to hundreds of residents over the past few years over the issues of modifying the proffers and rezoning of the property, however City Council votes tonight, I would like to see harmony restored in our community.

I go on record for often saying, "It's always better in the end and if it's not better yet, it's not the end."

Thank you. Thank you.

Mayor, we will have six webex speakers. Um The first speaker is Gopal Sharma. He's not on. In case they're in person, I'll call them. Indu Sharma.

Not on. Jamie, thank you.

Lynn Rachineau. Thank you. Deborah Shumate.

Deborah Miss Shumate, you are unmuted and may begin.

Am I Do you see me?

Ma'am, but we hear you. Go ahead.

Okay.

Um good evening. My name is Deborah Shumate and I'm a home home owner in Westneck Villages, Virginia Beach.

I'm here to speak in support of the Preserve development at Westneck.

My husband and I purchased our home here in 2016 seeking a peaceful retirement.

Instead, the failure of the Signature Golf Course brought years of persistent conflict in our community.

We need a solution. It's time to move forward.

I am truly sympathetic to the views of those who are against rezoning, though not to the tactics of some who have worked diligently to restrict open dialogue while presenting a master class in misinformation and incivility.

Life has never been static and change is guaranteed.

We need to address circumstances as they are now and not as we wish they might be or what they once were.

Life has never been static, again.

Change is guaranteed.

The current Harrison and Lear proposal offers a balanced and practical path forward.

It addresses the desire for golf amenities in the Westneck and Indian River Plantation communities, provides much needed senior housing without encroaching on farmland, and funds stormwater pond maintenance on the former Signature property, which under our governing documents falls 100% to Westneck homeowners.

Managing change is hard, but this is a workable compromise.

I'm grateful to the property owner for his willingness to compromise, to the Leechmans for offering a nine-hole golf course at some personal expense, and to Harrison and Lear for their commitment to a fair solution despite a hostile environment.

We respectfully ask the City Council to consider all stakeholders and come to a resolution.

Yes, I'm sorry.

Westneck homeowners have worked hard and we deserve to have peace in our community.

This proposal is balanced and achievable.

After 6 years, we need a resolution.

We hope the City will provide the leadership needed to bring it to fruition.

Thank you for your consideration.

The next speaker is John Shumate.

You are unmuted and may begin.

Yes, thank you very much. Can you hear me?

Yes, go ahead.

Okay. This evening you've been asked to consider an infill development of the former Signature Golf Course property.

It's the proposal that was approved by the City Planning Commission just February the 11th of last month.

Nothing in the proposal has changed other than the fact that there are now voluntary proffers that have been reviewed and negotiated between the city, the owner, and the developer.

I support this proposal and urge you to vote for it as well.

The proposal before you presents what I believe is our best and likely final chance at a workable compromise.

A compromise of the by the property owner, the developer, the Leechmans, and the city.

The Preserve adds much needed senior housing, generates new tax revenue, and eliminates long-standing safety concerns and visual blight.

It does this without increasing density or reducing open space for any resident of Westneck or Indian River Plantation, and without impacting a single square foot of agriculturally zoned land in District 2.

The only group that has refused to compromise is a vocal opposition known as SOTAR, whom you've heard from this evening.

Their sole demand has been the return of an 18-hole golf course.

For more than 6 years with SOTAR leadership controlling the Westneck Homeowners Board, the board has refused to meet with the developer or the owner's representatives.

During that time, over $250,000 in HOA dues has been spent on litigation.

The neighbors have been pitted against one another with homeowners having differing views being intimidated into silence.

Many residents support this project but are afraid to say so publicly.

Unfortunately, the Westneck board does not speak for many of these people and they don't speak for me.

Our attorney, Jeff Hunt, does not speak for me as well.

Some have argued that this rezoning creates winners and losers.

Unfortunately, any decision of this magnitude always will.

Others have claimed this evening that preservation zoning cannot be changed, but it can and that's why we're here this evening.

While others are strenuously arguing that the negotiated proffers before you are somehow dangerous or nefarious.

The goalpost keeps moving forward away from compromise.

The real question this evening is what happens if you reject this proposal.

I believe the property will continue to deteriorate and litigation will continue.

I believe you heard the these beginning seeds of that this evening in terms of questioning Thank you very much. Really appreciate your input. Thank you.

The next speaker is and the last one is speaker is Ken Landfield.

Mr. Landfield, you are unmuted and may begin.

Thank you.

Good evening, Mr. Mayor and City Council members.

Question that was just asked, what's the alternative if this application is denied? That same question has been asked repeatedly both at the Planning Commission and here tonight.

I have three items I want to cover.

What first, elimination of overgrowth and vegetation fire hazard.

Keep in mind that Westneck community is not re- remediated by this application.

Remedied, I should say.

But on February 24th, 2026, 2 weeks after the Planning Commission hearing, the Westneck community received the final outcome of a prolonged legal effort, namely a ruling from the US Appeals Court, Fourth Circuit, which states in its section E, the association acquired an interest in Westneck when it created it when it was created by the declaration.

That interest necessarily extends to the golf course because the golf course is part of the development plan.

And since the association has an interest in the golf course, it can enforce the declaration's rules against the owner of the golf course.

That's an alternative that will be pursued by the Westneck Association board.

Second, reinstatement of a nine-hole golf course is already per- permitted by existing zoning and therefore it's really moot.

Third, a additional 55 and over housing is being created in a desperate and poorly conceived way with its HOA taking on substantial risks.

The new HOA will bear the financial responsibility for maintenance of secondary trails and vacant which Westneck Community Association will enforce the Westneck community standards.

This cost will be substantial and may run, I say, over $500 per house per per month.

Remember, these costs are going to be covered by only 143 houses.

The planned source of revenue to partly offset these carry costs will be the lease revenue from the reinstated nine-hole golf course.

Final point, naturally, if the nine-hole golf course is never built or defaults under its lease, there will be not only no source of revenue for the initial land carry, but an additional hundreds or so acres of land which will need to be maintained again to Westneck community standards, although there'll be no source of revenue. The financial burden on the new HOA will be unbearable.

I question whether any mortgage lender would be willing to take on these risks.

Future financial risks could ultimately lead to expensive Thank you very much. Appreciate your participation. Thank you.

Mr. Pocta, would you like to come up for rebuttal?

Thank you all and thank you everyone from Westneck and Indian River Plantation, everyone who's been here in attendance and speaking tonight.

It's a privilege to be among you and to hear your input and it's well received.

Um there several points on rebuttal, but my time is limited and your time tonight is limited, so I just want to limit it to a couple.

Um first, there was a lot of mention about rezoning P1 preservation zoning.

Um and the limited research I've done over the last well, a couple of hours earlier this week, there's at least three occasions where the city has rezoned P1 property. So this is not the first time it's been done.

Um two it's two specifically, one um the Bridgemont Farm second or third application on South Plaza Trail and Prestige Drive, I believe. And then the second and that's a rezoning to PDH1 from P1. The second one is um near Mount Trashmore um Independence Boulevard. Uh there's a there's a commercial office space there. Anyways, that's P1 to office. So um that this is not the first time

that's been done. Uh there was several representations by Westneck residents and Indian River Plantation and I think that's significant because this golf course, as the folks have mentioned, sits in between those two communities.

And when you heard folks speak in supportive of the application, you heard voices from both communities um asking for this, requesting this. And then when you heard um the folks speak in opposition, um and and that's this is not to be belittled or diminished, um but that that came from one side of that community. Um so I think that's significant. There's mention about promises and I'm just going to address

Mr. Hunt's mention on that. And by the way, I'm a Kings Grant Elementary, Lynnhaven Middle and First Colonial graduate.

Um and breaking promises, I think the mention is about proffers.

So with the 1999 proffers actually included a commercial component to this that never got built because the proffers got modified, changed. I wouldn't call that a promise broken. I would say that's the process of rezoning.

Uh proffers get made, proffers get modified to accommodate for whatever the existing landscape or the existing need is. And that's how zoning works. Um I also wanted to mention too that the there's a lot of mention about precedent and again, this is a a transitionary community unlike any other because it's not yet owned by the association. It's owned by a private individual um who can

dictate what happens or has happened with this property. It does not set a precedent in that regard. And then finally, Mr. Styles mentioned and I'll just reiterate, the applicant said the comprehensive plan and the transitionary design guidelines, they're aspirational guidance.

If they were strict rules to be complied with, we wouldn't have the neighborhood of Westneck.

It wouldn't exist.

It exceeds one to one unit per acre. It deviates from 50% open space. It wouldn't exist if you strictly comply with them. That's what the city said.

Thank you very much.

Thank you.

by for any questions as well as Mr.

Okay, what?

Thank you, Mayor Dyer. Thank you, Mr.

Pocta. Just question for you and also for City Attorney Styles. Two questions if I could. For Mr. Pocta, this would be a lease. Can you describe more lease as a contract between a landlord and tenant, lessor and lessee.

Who I think you Who is the lessor, who's the lessee? And then we know it's for 50 years.

Right. And what happens like if the business is sold, what happens in the lease?

Yeah, so I'll I'll I'll speak to some degree to that, but also the the lease men who are party to the lease are here and then so will be to the lease. And then so is the attorney for the property owner. Again, I represent the applicant, so I don't represent either of these parties, but the existing property owner who owns the property would lease the property to the lease men or an entity

that they create to operate the golf course. And then when the property is conveyed to the new HOA, if it hasn't been conveyed yet to the Westneck and or I R P HOA, they would assign the lessor would assign that lease to those to that association or the combination of those associations.

Thank you. So what if the business is sold, what if the operating unit is sold, what happens? Is the lease still in full force and effect? I I I couldn't speak to the contents of their lease and I know that that the city attorney has acknowledged it's outside the scope of the review of this body and the city attorney's office to review a private arrangement between the individuals. As

is the litigation as well, so I I can't speak to that. Um I'm sorry.

Okay, and just one more question, Mr.

Mayor, for Mr. Styles.

Um can you address the issue of the maintenance of the property as it up till now from the time it was bought, I guess, by the current owner?

The golf course, has it been maintained?

Has it been abandoned?

Um cuz we, the city, you know, enforce the code compliance.

Thank you, Mr. Remick. Uh yes, the city has made efforts to compel compliance with its ordinances.

[snorts] Uh the city brought an enforcement action. That action resulted in litigation in federal court. And that litigation was the subject of a settlement agreement. That settlement agreement requires a limited very limited portion of the property to be maintained.

The remainder uh is is the city, pursuant to that agreement, has no ability to compel uh any maintenance on that property. There are certain fine areas that we can we can monitor and require maintenance, but for the much larger portion, the city does not have the ability to require that maintenance.

Okay.

Okay, anybody else at this point? Okay, thank you. Okay, at this point, do we have a motion and a second?

Barbara.

Well, from the creation of the this neighborhood, the Villages of Westneck, on May 11th, 1999, this neighborhood has presented unique situations. And I was there on May 11th, 1999.

And you've lived up to it tonight, for sure.

This is certainly a unique situation.

And I have to say, for the first hour and a half of this meeting, I thought, my goodness, did I read this application wrong? All I'm hearing about is a golf course.

Well, the golf course is not a part of this item which is before us tonight.

We're looking at a rezoning issue. I fumbled around until I found the the item, and it's we are looking at Harrison and Lear, Inc., the applicant, JBWK LLC and White Clover LLC, property owners, for modification of proffers to a conditional rezoning and conditional rezoning, that is, P1 Preservation District and PDH1 Planned Unit Development to Conditional PDH2 Planned Unit Development for R20

Residential and P1 Preservation District for the property located at 3100 Arnold Palmer Drive. So, that's what's before us tonight. We're looking at whether or not we're going to uh do this rezoning for this property.

This is has been a very unique property from the very beginning. This was the first age-restricted neighborhood that offered special amenities to the city with its controlled density and its open space.

At the time, the city called for new development to allow up to one unit per acre, or as it became with this development, traffic generation to be one unit per what the traffic would be from one unit per acre.

Of the age-restricted housing allowed us to do that.

Well, traffic generation in and around the area was a major concern.

Painstaking analysis has accompanied each proposed action for Westneck, which has turned out to be a truly outstanding, desirable place to live, and that must be maintained.

In staff's opinion, this rezoning request does not align with the density and open space recommendation set forth in the transition area design guidelines and the comprehensive plan.

Further, staff notes that the acreage which was included when calculating the allowable density for the 1999 approval and the subsequent modifications, the total acreage and existing 936 residential units for the Villages of Westneck must be considered with this request, bringing the overall density to 2.79 units per acre.

This exceeds the density recommended by the transition area design guidelines, which call for one dwelling unit per developable acre.

Looking at this as a rezoning application, looking at these issues which we would look at for a rezoning application, is what I'm doing.

Further, the transition area design guidelines require that open space be a key component.

The 50% minimum open space recommended in the transition area design guidelines is not met.

Ultimately, this development, in conjunction with the existing open space, provides approximately 40.1% uh of accessible and usable open space.

The fact that this development does not comply with the comprehensive plan and other planning documents and was recommended for denial by the transition area ITA Advisory Committee and was approved by a split decision of 7 to 3 by the Planning Commission, I feel that it does not meet the standards for this area.

This proposal flies in the face of careful zoning policies, which supposedly assures citizens that they can put their housing investment in a neighborhood with trust that their investment is secure.

The citizens of Westneck Village should not have to be concerned that their density and coveted open space will become a housing development for 143 units.

As the citizens described in one of their emails, plotting a 143-unit housing development in the middle of Westneck Villages should never even have been a consideration. I don't believe we have ever done such a rezoning.

The character of Westneck would be forever changed, to say nothing of the fact that the community would face years of noise and construction.

Infrastructure would be fractured, particularly the road system.

Staff has determined that the traffic generation by this new development will result in 2,470 average daily trips.

If we do this to this well-established neighborhood, every neighborhood in the city should feel threatened that any day they could be threatened with development, particularly if they have open space that they thought was protected.

Seniors are still moving into Westneck Village, and sales are still healthy because of the open space and the quiet which still exist in what is known as one of the most desirable neighborhoods in Virginia Beach.

If this application is approved, the open space and character of this neighborhood will be changed forever.

Because this proposed rezoning application provides for development which does not meet the standards set down in our planning documents, and because approval of this application would totally destroy the character and quality of life in the existing community of Westneck Village, I move that the application be denied.

Okay, is there a second? Second.

Okay.

Any other discussion?

Stacy.

Thank you.

[snorts] I'll start by saying I respect the applicants.

I Mr. Paktitis a very fine lawyer.

Father's a friend of mine, a fellow Oriel fan.

Mr. Skinner has shown himself to be nothing but a perfect gentleman.

And the Leishman's are two of the nicest people I've ever met.

I've met with both sides of this subject uh a numerous times, and I gave them my solicited advice.

And the advice that I gave both groups was, have your people show up. So, I take responsibility for tonight.

[snorts] I asked the folks that have opposed this, if not this, then what?

And I don't know of any uh viable proposal that's been put forward.

And I don't know what's going to happen if this doesn't go forward.

If I lived in the Westneck community, I would be with my friend of over 40 years advocating for this proposal.

But I don't.

It solves a lot of problems.

It's a great plan.

It would be a wonderful uh improvement to what's there now.

I'm all for housing. I'm a big advocate.

I know that we need over 5,000 additional dwelling units here in the city just to fill the existing need, much less future needs.

I've heard this property described tonight as not maintained, an eyesore, fire hazard, dangerous, closed open space, overgrown, homeless people, unsafe, vermin, going to get worse, failed stormwater system, desperate, abandoned dog, collapse, nuisance downhill demise debris too long, decline, challenges, nothing has changed, only option.

And this is from the people that support this proposal.

All of these descriptions are the fault of the owner.

This condition was brought about solely by his actions.

To me, this comes down as a matter of what is practical versus what's principle.

I believe if the owner would have acted as a good neighbor, if he would have tried to do [snorts] this in cooperation with the neighborhoods, he may not have gotten the desired outcome, but it would have been a better way to go, and it would not have caused the steep division between neighbors.

If we allow this to happen, what's to stop the next developer from doing the same thing?

I dislike the comments that were made about bringing in an out-of-state developer.

Don't let an out-of-state developer do this. I don't think that's applicable. I don't think it's relevant.

I think that any investment we have in our city is great investment. So, I I I really want to disassociate myself from those comments.

And I would say, don't confuse my opposition to this request as being in agreement with all the voices of the sand heard here tonight.

If the path here would have been one of cooperation and good faith, I would feel different.

I can't get past the animosity created with the hope of a desired outcome.

My feelings are more along the lines of those that were expressed by Ms. Harris earlier, and the last gentleman, I'm sorry, I didn't get your name.

Uh although I've met the owner, and I would not go so far as to say they has no soul. He seemed to be a nice guy to me but I I think his motives were uh misplaced on this one.

So, um I agree with Ms. Henley on a number of the subjects, but again, my real opposition to this whole thing is uh the way it was brought about, and the way that it was the hand was being forced by the citizens and by this council. So, I oppose the I oppose the proposal.

Okay, anybody else?

Okay, the motion stands. The vote is open.

[sighs] And the motion is for denial.

Denial. Thank you.

Councilmember Ross-Hammond, I need your vote please.

She Thank you. By vote of 3 to 8, that motion lost.

It fails. Okay.

All right, do we have a substitute motion? Well, What if Is it a substitute motion, Mark, or just a A renewed motion?

It'd be a new motion. Okay, is there a new motion? I know you voted yes. I know. I'll take care of it.

I had a way to do it.

Yes, since this one um did not carry through, we'd like to look at voting yes.

If there's anyone.

So, is that a motion to approve the application? Is that a motion to approve the application?

Yes, because change is constant, and whether we like it or not, we have a situation of what's new, and maybe we can work with the new proposal that's up here, and come to a better compromise.

Okay, do we have a second on that? I'll second the motion to approve.

All right, let me make a comment. You know, this is one of those King Solomon decisions.

And there was a lot of emotion in the room today, and I'm sympathetic.

And I want to be heard.

But in retrospect, uh it really, you know, it was very tough one, because I have friends on both sides.

And but the point is, and you know, I reluctantly hit the yes button, because I'm moved by the people, but that being said, this property is a nuisance, and I really don't see an end in sight.

And the other thing is, I just want to say, uh [snorts] you know, let me put it this way.

The Navy specifically requests that we improve our housing stock.

Housing is our fourth highest priority.

And whenever you build a house in a new community, you know, some folks ain't going to like it.

But I'll tell you what, it once again, my concern is the health and safety, and you know, I'm but I'm really moved by the words of Ben Loyal, who had the problem. So, uh at this point, we have a motion and a second. Let's open it up.

And that motion is to approve. The motion is to approve.

The vote is open.

Mayor, I need your vote, please.

Got you.

By vote of 9 to 2, you approved the You have approved the application.

Okay.

Thank you all, and we will pray that this is a positive outcome, they will be good neighbors. We're adjourned.