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Home My WebLink AboutMARCH 24, 2026 SPECIAL FORMAL SESSION MINUTES r�'G N1A,B'E!C e 9N �8 bqs 06� is oBRYY�S OUp ",we VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia MARCH 24,2026 Mayor Robert M. Dyer called to order the CITY COUNCIL SPECLIL FORMAL SESSION in the City Council Chamber, City Hall, on Tuesday, March 24, 2026, at S:00 P.M. Council Members Present: Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None 2 MAYOR'S CALL FOR SPECIAL SESSION ITEM#78149 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL Tuesday,March 24,2026,at S:00 P.M. City Council Chamber Building 1—2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow the City Council to hold a Public Hearing and consider the application of Harrison and Lear,InG/JBWKLLC and White Clover LLC, as listed in the attached agenda. The Special Formal Session will be broadcast on the Cable TV, virginiabeach.gov and Facebook Live. Sincerely, Robert M. Dyer Mayor" Enclosure cc: City Manager City Attorney City Clerk Deputy City Managers FOL4 Officer Communications Office March 24, 2026 4G1Nra BE,gC 04� G�� City of Virginia Beach U O,prs Op OUR Nkl""� VirginiaBeach.gov MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE Robert M. "Bobby" Dyer VIRGINIA BEACH,VA23456-90W MAYOR OFFICE:(757)385-4581 CELL:(757)407-5105 BDYERaVBGOV.COM March 19, 2026 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL: Tuesday, March 24, 2026, at 5:00 P.M. City Council Chamber Building 1 —2nd Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow the City Council to hold a Public Hearing and consider the application of Harrison and Lear, Inc./JBWK LLC and White Clover LLC, as listed in the attached agenda. The Special Formal Session will be broadcast on the Cable TV, virginiabeach.go_v and Facebook Live. Sincerely, Robert M. Dyer Mayor Enclosure cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 ITEM-LC PLANNING ITEM ITEM#78150 The following registered to speak.- Chris Pocta-Attorney for Applicant, 222 Constitution Drive #329, Phone: 376-7668, spoke in SUPPORT Jonathan Skinner, spoke in SUPPORT Audrey Leishman, spoke in SUPPORT Mark Leishman, spoke in SUPPORT Mike Bennett, spoke in SUPPORT Billy Almond, 242 Mustang Trail#8, Phone:235-0731, spoke in SUPPORT Gretchen Heal, 101 East Main Street, Norfolk, Phone: 635-6055, spoke in SUPPORT Brian Bowers, 2680 Nestlebrook Trail, Phone: 719-4588, spoke in SUPPORT David Smith, 3109 Stonewood Drive, Phone: 636-3931, spoke in SUPPORT Dana Jancarole, 3109 Stonewood Drive, Phone: 636-8173, did not respond Gail Conley, 298 Elegance Lane, Phone: 377-0740, spoke in SUPPORT Heather Courtright, 2629 Willowlawn Way, Phone: 288-7441, spoke in SUPPORT Jenny Perry, Coastal Virginia Building Industry Association, 5041 Corporate Woods Drive#245, Phone: 724-223Z spoke in SUPPORT Cheryl Land, 4341 Sandy Bay Drive, Phone:287-4557, spoke in SUPPORT Marie Grindle, 2973 Enchanting Circle, Phone: 376-0640, spoke in SUPPORT Mark Dewhurst, 2788 Nestlebrook Trail, Phone: 560-4371, spoke in SUPPORT Korinna Chitty, 2940 Elegance Lane, Phone: 648-0497, spoke in SUPPORT Fred Giles, 2641 Willowlawn Way, Phone:214-529-3321, spoke in SUPPORT Jim Cox, 2948 Elegance Lane, Phone: 377-2048, spoke in SUPPORT Brian Burnette, 2608 Willowlawn Way, Phone: 471-4495, spoke in SUPPORT Stacy Galbreath, 2533 Nestlebrook Trail, Phone: 513-9906, spoke in SUPPORT Colleen Craig, 2972 Elegance Lane, Phone: 816-0376, spoke in SUPPORT James Yanterpool, 817 Levy Loop, Phone: 753-6201, spoke in SUPPORT Suzanne Feldman, 2816 Gentle Fawn Court, Phone: 816-6470, spoke in SUPPORT Bob Feeldman, 3104 Stonewood Drive, Phone: 571-549-9539, spoke in SUPPORT Andy Galbreath, 2533 Nestlebrook Trail, Phone: 513-9907, spoke in SUPPORT Rob Huffman, 2588 Pamlico Loop, Phone: 636-7530, spoke in SUPPORT Amy Feeldman, 3104 Stonewood Drive, Phone:571-549-9539, spoke in SUPPORT Dana Bradshaw, 2628 Willowlawn Way, Phone: 301-6711, spoke in SUPPORT Eleanor Massie, 2956 Elegance Lane, Phone: 508-237-1382, spoke in SUPPORT Jimmy Harvey, 3200 Stonewood Drive, Phone: 343-8700, spoke in SUPPORT Marci Rush, 2861 Rose Garden Way, Phone: 672-9891, spoke in SUPPORT Mike Brewer, 2740 Nestlebrook Trail, Phone: 718-7658, spoke in SUPPORT Bill Chitty, 2940 Elegance Lane, Phone: 374-8311, spoke in SUPPORT Marshall Feldman, 2816 Gentle Fawn Court, Phone: 816-6471, spoke in SUPPORT Saleem Raja, 3157 Stonewood Drive, Phone: 513-4870, spoke in SUPPORT Tim Keating, 3172 Stonewood Drive, Phone: 202-615-5148, spoke in SUPPORT Brian Levine, 2692 Nestlebrook Trail:Phone:860-978-4076, spoke in SUPPORT Mary Witwer, 2521 Calumet Drive, Phone: 269-1013, spoke in SUPPORT March 24, 2026 4 ITEM-LC PLANNING ITEM ITEM#78150 (Continued) Euclid Cruz, 2604 Nestlebrook Trail, Phone: 333-2925, spoke in SUPPORT Doug Steil, 3153 Stonewood Drive, Phone: 904-403-9899, spoke in SUPPORT Richard Witwer, 2521 Calumet Drive, Phone:837-1563, spoke in SUPPORT Wayne Zinn, 2520 Greystone Street, Phone: 427-9327, spoke in SUPPORT Alyce Steil, 3153 Stonewood Drive, Phone: 904-651-7682, spoke in SUPPORT Ed Levine, 3316 Gallahad Drive, Phone: 995-6793, spoke in SUPPORT Catherine Cruz, 2604 Nestlebrook Trail, Phone: 704-608-5194, spoke in SUPPORT Pete Taylor, 2957 Elegance Lane, Phone: 343-6913, did not respond Gagan Grewal, 2701 Nestlebrook Trail, Phone: 563-2848, did not respond Glenn Goldberg, 2921 Elegance Lane, Phone: 904-451-1965, did not respond Gene Brooks, 2792 Nestlebrook Trail, Phone: 967-723-0346, spoke in SUPPORT Susan Cox, 2948 Elegance Lane, Phone: 377-2048, spoke in SUPPORT Alice Raja, 3157 Stonewood Drive, Phone: 513-4871, did not respond Annette Harvey, 3200 Stonewood Drive, Phone: 343-8700, spoke in SUPPORT Jan Scott, 3161 Stonewood Drive, Phone: 647-2141, spoke in SUPPORT Sharlene Bradshaw, 2628 Willowlawn Way, Phone: 703-201-2230, spoke in SUPPORT Wanda Lee Keating, 3172 Stonewood Drive, Phone:202-256-2517, did not respond Tom Scott, 3161 Stonewood Drive, Phone: 323-4677, spoke in SUPPORT Paul Meritt, 2679 Mulberry Loop, Phone:286-2461, spoke in SUPPORT Robert Thornton, 3752 Little Neck Point, Phone: 509-9901, spoke in SUPPORT Ben Loyalo, Indian River Plantation Homeowner's Association, 3261 Wilderness Lane, Phone: 718-0699, spoke in SUPPORT Jeff Hunn, Attorney for West Neck Community Association-Board of Directors, 222 Central Park Avenue #400, Phone: 490-6298, spoke in OPPOSITION Sharon Williams, President of West Neck Community Association, 2871 Rose Garden Way, Phone: 284-5598, spoke in OPPOSITION Sylvio Canu, 2624 Wonderland Court, Phone: 749-2962, spoke in OPPOSITION Nancy Canu, 2624 Wonderland Court, Phone: 576-0993, spoke in OPPOSITION Nancy Ajello, 2823 Rose Garden Way, Phone: 256-9325, spoke in OPPOSITION Joyce Sharple, 3547 Blinding Trail Circle, Phone: 323-0667, spoke in OPPOSITION Linda Jacocks, 2900 Einstein Drive, Phone: 620-1188, spoke in OPPOSITION Joy Barbee, 3017 Looking Glass Court, Phone: 620-8720, spoke in OPPOSITION Margaret Allen, 3136 Egyptian Lane, Phone: 703-314-5892, spoke in OPPOSITION Ross Thomas, 3543 Winding Trail Circle, spoke in OPPOSITION Michael Wisloski, 3120 Gallahad Drive, Phone: 703-867-3546, spoke in OPPOSITION Ken Stolle, 3033 Egyptian Lane, Phone: 651-5241, spoke in OPPOSITION Carol Konze, 3229 Gallahad Drive, Phone: 375-7977, did not respond Dave Van Petten, 2821 Browning Drive, Phone: 503-0613, spoke in OPPOSITION Venkata Eleswarapu, 1749 Champions Circle, Phone: 469-803-7997, spoke in OPPOSITION March 24, 2026 5 ITEM-LC PLANNING ITEM ITEM#78150 (Continued) Dr. Stephen Willing, 3125 Genius Place, Phone: 419-9452, spoke in OPPOSITION Billy Domangue, 3037 Egyptian Place, Phone:804-690-5717, spoke in OPPOSITION Tammy Van Dame, 3543 Winding Trail Circle, Phone:399-6840, spoke in OPPOSITION Robert Tice, 2709 Steinbeck Court, Phone: 646-3707, spoke in OPPOSITION David Konze, 3229 Gallahad Drive, Phone: 777-5030, spoke in OPPOSITION Jack Scott, 2633 Majesty Lane, Phone: 402-1407, spoke in OPPOSITION Ruth Malley 3244 Gallahad Drive, Phone: 406-4443, did not respond Melissa Draudt, 3137 Sacramento Drive, Phone:288-7101, spoke in OPPOSITION Kathy Stelman, 2809 Morning Mist Court, Phone: 518-598-4277, spoke in OPPOSITION Dale Merkley, 3108 Gallahad Drive, Phone: 721-5277, did not respond Joan Harris, 3100 Genius Place, Phone: 426-6250, spoke in OPPOSITION Linda Jacocks, 2900 Einstein Drive, Phone: 620-1188, spoke in OPPOSITION Ted Quinter, President of Browning Stone Association, 2803 Browning Drive, Phone: 390-6719, spoke in OPPOSITION Donna Smith, 3432 Misty Dawn Court, Phone:536-0629, spoke in OPPOSITION Bill Schulz, 2888 Einstein Drive, Phone: 910-750-2357, spoke in OPPOSITION Paula Roddenberry, 3403 Laughing Creek Court, Phone: 651-5667, spoke in OPPOSITION Jessica Windish, Chair-Transition Area/Interfacility Traffic Area Citizens Advisory Committee, 2568 Cantwell Road, Phone: 343-8120, spoke in OPPOSITION Mark Connelly, 2689 Browning Drive, Phone: 603-305-8029, spoke in OPPOSITION Richard Chongoushian, 3113 Gallahad Drive, Phone: 973-820-1058, spoke in OPPOSITION Steve Ely, 2843 Majestic Oak Court, Phone: 831-7082, spoke in OPPOSITION Mary Piccola, 2629 Wonderland Court, Phone: 576-7595, spoke in OPPOSITION Mark Gellasch, 2608 Gallahad Drive, Phone: 426-7700, spoke in OPPOSITION Lary Walker, 2500 Calumet Drive, Phone: 407-1332, spoke in OPPOSITION Christopher Cronan, 2673 Majesty Lane, spoke in OPPOSITION Mark Scott, 3529 Winding Trail Circle, Phone: 315-714-9802, spoke in OPPOSITION Carol Jones, 2829 Einstein Drive, Phone: 937-903-9418, spoke in OPPOSITION Donna Scott, 2629 Majesty Lane, spoke in OPPOSITION Jack Lynch, 2929 Charisma Court, Phone: 305-481-0885, spoke in OPPOSITION Frances Rayburn, 2705 Steinbeck Court, Phone: 689-8915, spoke in OPPOSITION Gopal Sharma, 3169 Stonewood Drive, Phone: 237-4858, did not respond Indu Sharma, 3169 Stonewood Drive, Phone:237-4858, did not respond Lyn Reitano, 2509 Calumet Drive, Phone: 650-5720, did not respond Debra Shumate, 2949 Elegance Lane, Phone: 831-2294, spoke in SUPPORT John Shumate, 2949 Elegance Lane, Phone: 831-2294, spoke in SUPPORT Ken Landfield, 2745 Browning Drive, Phone: 774-1754, spoke in OPPOSITION March 24, 2026 6 ITEM—LC PLANNING ITEM ITEM#78150 (Continued) After City Council discussion, Council Member Henley made a motion, seconded by Council Member Cummings, to DENY Application of HARRISONAND LEAR, INC./JBWK LLC/WHITE CLOVER, LLC for a Modification ofProf fers to a Conditional Change o Zoning&a Conditional Change of Zoning from a P-I Preservation District&PD-Hl Planned Unit Development to a Conditional PD-H2 Planned Unit Development (R-20 Residential) and P-1 Preservation District re develop 143 age-restricted(55+) single-family homes and a revitalized 9-hole golf course at 3100 Arnold Palmer Drive DISTRICT 2 Voting: 3-8 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer and Barbara M. Henley Council Members Voting Nay: Michael F. Berlucchi, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: None March 24, 2026 7 ITEM—LC PLANNING ITEM ITEM#78150 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED, AS PROFFERED, Application of HARRISON AND LEAR, INC. / JBWKLLC/WHITE CLOVER,LLCfor a Modification of Proffers to a Conditional Change of Zoning &a Conditional Change of Zoning from a P-1 Preservation District&PD-HI Planned Unit Development to a Conditional PD-H2 Planned Unit Development (R-20 Residential) and P-1 Preservation District re develop 143 age-restricted(SS+)single-family homes and a revitalized 9-hole golf course at 3100 Arnold Palmer Drive DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 HARRISONAND LEAR,INC./JBWKLLC/WHITE CLOVER,LLC for a Modification of Proffers to a Conditional Change of Zoning & a Conditional Change of Zoning from a P-1 Preservation District&PD-Hl Planned Unit Development to a Conditional PD-H2 Planned Unit Development(R-20 Residential) and P-I Preservation District re develop 143 age-restricted (SS+) single-family homes and a revitalized 9-hole golf course at 3100 Arnold Palmer Drive DISTRICT 2 (GPINs: 1493859520, 1493667436, 1493637894, 1493543952, 1493757869, 1493759705)DISTRICT 2 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 24`"day of March Two Thousand Twenty Six. Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Voting Nay: Stacy Cummings and Barbara M. Henley Council Members Absent: None March 24, 2026 MODIFICATIONS TO PROFFERED COVENANTS,RESTRICTIONS, AND CONDITIONS JBWK,LLC,a New Mexico limited liability company; WHITE CLOVER,LLC, a New Mexico limited liability company; and HARRISON AND LEAR, INC.,a Virginia corporation MODIFICATIONS TO(PROFERRED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 3rd day of November,2025,by and between JBWK,LLC, a New Mexico limited liability company ("JBWK"), and White Clover, LLC, a New Mexico limited liability company ("WC"), JBWK and WC are collectively referred to as the party of the first pant, HARRISON AND LEAR, INC., a Virginia corporation, party of the second part, the party of the first part and party of the second part are collectively referred to herein as the "Grantors", and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as Grantee). WITNESSETH: WHEREAS, JBWK is the owner of four (4) parcels of land which are hereinafter collectively referred to as the"JBWK Property"located in District 2 of the City of Virginia Beach, Virginia, containing an aggregate of 202.01 acres, designated as Parcels 1, 2, 3, and 4 on Exhibit A attached hereto and incorporated herein by this reference; WHEREAS,WC is the owner of two (2)parcels of land which are hereinafter collectively referred to as the "WC Property" located in District 2 of the City of Virginia Beach, Virginia, containing an aggregate of 1.61 acres, designated as Parcels 5 and 6 on Exhibit A attached hereto and incorporated herein by this reference; 1 GPIN(s): 1493-85-9520-0000 Prepared by: Christopher A. Pocta,Esq. 1493-66-7436-0000 Wolcott Rivers Gates 1493-63-7894-0000 4417 Corporation Lane 1493-54-3952-0000 Suite 400 1493-75-7869-0000 Virginia Beach,VA 23462 1493-75-9705-0000 WHEREAS, the Grantors have filed a conditional rezoning application, whereby the Grantors request to rezone a portion of the JBWK Property, which is hereinafter referred as the "Property," containing an aggregate of 86.04 acres, designated as follows on Exhibit B attached hereto and incorporated herein by this reference: (a) Parcel A, less and except that area identified as P-1 thereon; (b) Parcel C; and Parcel D, less and except that area identified as P-1 thereon; WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of Parcel A from P-1 Preservation District to Conditional PD-H2 Plaruied Unit Development District(R-20 Residential District)and P-I Preservation District;Parcel C from PD-HI Planned Unit Development District and P-1.Preservation District to Conditional PD-H2 Planned Unit Development District(R-20 Residential District) and P-1 Preservation District; and Parcel D from PD-H1 Planned Unit Development District and P-1 Preservation District to Conditional PD-H2 Planned Unit Development District (R-20 Residential District) and P-1 Preservation District; as identified on the exhibit attached hereto as Exhibit B; WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to address the situation to which the Grantors' rezoning application gives rise; WHEREAS,the Grantors desire to change the conditions affecting the properties identified as "Village Commons", "The Signature' Golf Course", "Residential", and "Community Greenspace" as adopted by the Conceptual Master Plan of Indian River Plantation and The Villages at West Neck,prepared by The TAF Group,dated January 14, 1999,and any amendments thereto(the"West Neck Land Use Plan"),without affecting or altering those conditions contained in the West Neck Land Use Plan relating to the properties other than the Property; WHEREAS,the Grantors have voluntarily proffered,in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in 2 addition to the regulations provided for in the R-20, P-1, and PD-H2 Zoning Districts by the existing overall City Zoning Ordinance (the "CZO"), the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised Zoning Ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertises pursuant to the provisions of the Code of Virginia,Section 15.2-2204,which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element or compulsion or quid pro quo for conditional use, site plan, or building permit,hereby make the following amended declaration of conditions and restrictions which, along with the unchanged covenants,conditions and restrictions set forth in the Proffers shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants dunning with the Property, which shall be binding upon the Property and upon all parties and persons claim under or through the Grantors, their successors, personal representatives, assigns, grantees,and other successors in interest or title: 3 1. When the Property is developed, the layout, land uses, recreation and open spaces shall be in substantial conformance with the exhibit entitled, "Conceptual Master Plan, Preserve at West Neck, Virginia Beach, VA," prepared by WPL and found on pages I and 2 of the multi-page document entitled "The Preserve at West Neck Development & Design Criteria Land Use Plan,"prepared by WPL, VHB, and Harrison and Lear, dated November 3, 2025, and revised on January 5,2026 and February 27,2026, which have been exhibited to the City of Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (hereinafter the "Concept Plan" and "The Preserve at West Neck Development & Design Criteria Land Use Plan", respectively). The Concept Plan and The Preserve at West Neck Development&Design Criteria Land Use Plan are incorporated herein by this reference. 2. When the Property is developed, the land uses; layout; trail section; roadway sections with street widths, curb heights; and development criteria to include building elevations, lot dimensions, setbacks, building heights, buffers, and reforestation shall be as set forth in the multi-page document entitled, "The Preserve at West Neck Design & Development Criteria Land Use Plan",prepared by WPL,VHB,and Harrison&Lear,Inc.,dated November 3,2025 and revised on January 5, 2026 and February 27, 2026, and which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning and Community Development, and is incorporated herein by this reference. The dimensional requirements identified in The Preserve at West Neck Design & Development Criteria Land Use Plan shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance (the"Zoning Ordinance")applicable to the R-20 Residential District. 3. When the Property is developed, the number of residential dwelling units thereon shall not exceed one hundred forty-three(143). 4. When the Property is developed, all residential structures constructed on the Property shall be in substantial conformance with the conceptual architectural exhibit entitled, "Residential Dwelling Precedent Images,The Preserve at West Neck",which has been provided within The Preserve at West Neck Development & Design Criteria Land Use Plan and exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development.Exterior building materials shall be of high quality and include 4 I r i the use of cement fiber siding, brick, and asphalt shingle roofing. The use of exterior vinyl siding shall be prohibited on the principal dwellings. 5. As and when each subdivision plat of the Property is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office"), the Grantors shall record in the Clerk's Office a Declaration submitting the property shown thereon to restrictive covenants governing the use and occupancy of the Property, including, without limitation, a covenant that imposes a mandatory membership in the Preserve at West Neck Homeowners' Association ("HOA") for each owner of a subdivided residential lot. The open space(as that term is defined in Section 1127 of the CZO)shown on such subdivision plats shall be conveyed to the HOA, which shall be responsible for maintaining all of the following area on the Property: multi-use trail system, entrance feature signage, and other improvements in the common area of the Property as depicted on the Concept Plan. 6. The multi-use paths and water quality improvements depicted on the Concept Plan shall be installed within twelve (12) months of approval of the Erosion and Sediment Control/Stormwater Management Plan or Construction Plan by the City of Virginia Beach, whichever is approved first. 7. Prior to the turnover of the HOA from the Grantors to the property owners, as set forth in the Virginia Property Owners Association Act established in Title 55.1 Chapter 18 of the Code of Virginia, the Grantors shall perform a Reserve Study and post a Performance Bond, to the benefit of the HOA, to subsidize any deficit identified in the Reserve Study. 8. As pant of the site plan approval process and subject to the approval of the Department of Public Works / Traffic Engineering Staff ("Traffic Engineering Staff'), the Grantors will design and construct a traffic signal at the intersection of Signature Drive and West Neck Road (the "Traffic Signal"), in accordance with the City of Virginia Beach Public Works Design Standards Manual. The cost of design and construction of the Traffic Signal will be at the Grantors' sole expense; and the Traffic Signal shall be installed and fully operational with the completion of site construction, prior to the issuance of the first certificate of occupancy. 9. The design and building materials of all sheet lighting shall be complementary to the lighting within the Villages at West Neck and Indian River Plantation. 5 i 10. The design and building materials of all new fencing or fencing which is replaced when the Property is developed shall be complementary to the fencing within the Villages at West Neck and Indian River Plantation. 11. The design, dimensions, and building materials of any monument-style neighborhood identification sign shall be complementary to the neighborhood identification signs throughout the Villages at West Neck and Indian River Plantation. 12. The final stormwater management plan submitted to the Development Services Center(DSC) during the site plan review process for the development of the Project shall comply with applicable City Storniwater Management Ordinance(s). 13. When the Property is developed,the Property will be developed in accordance with the exhibit entitled"Open Space Exhibit", which is dated March 4, 2026,has been prepared by WPL, has been exhibited to the City Council, and is on file with the Virginia Beach Department of Planning and Community Development. The Open Space Exhibit is incorporated herein by this reference. Upon establishment of the HOA and completion of the proposed reforestation and proposed multi-use trail system identified on the Concept Plan and located in that portion of Parcel A to remain P-1 ("Conservation Area"),JBWK shall convey title to the Conservation Area to the HOA. For the secondary trails referred to herein this Proffer or otherwise identified as "Proposed Multi-Use Trail System" on the Concept Plan, JBWK will record an easement sufficient to convey public access to said trails immediately prior to conveying title to the Conservation Area to the HOA. 14. Prior to the issuance of the first certificate of occupancy (a"CO")for the proposed residential development(the"Housing Development"), the City of Virginia Beach shall have approved a land disturbance permit and associated site-plan (the "LDP") for the proposed 9-hole (minimum) golf course(the"Golf Course") on that area identified on the Open Space Exhibit as New 9 Hole Golf Course(the"Golf Course Property"). 15. Until such time as the Golf Course is open and operational,no more than 50%of the CO's will be issued for the Housing Development. 16. JBWK shall convey title to the Golf Course Property by Deed of Gift to the HOA upon establishment of the HOA, provided that the Golf Course Property has not previously been conveyed to the Homeowners' Association for the Villages at West Neck, the Homeowners' 6 Association for Indian River Plantation, or a joint venture between the same, with any such conveyance being subject to a ground lease for the operation of the Golf Course. Said ground lease will contain certain provisions that it will automatically terminate on the earlier of(i) after opening as a golf course,the date that the Golf Course has been closed on an uninterrupted basis for eighteen(18)months;or(ii)the five(5)year anniversary of recordation of this proffer agreement, provided that the Golf Course has not been substantially completed and begun operations as a 9-hole(minimum) golf course. 17. Further conditions may be required by the Grantee during the detailed review of the Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 18. Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or resubdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code Requirements. 19. All references hereinabove to the PD-H2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 20. Except as expressly superseded and/or modified herein, all Covenants, Restrictions and Conditions as set forth in the "Proffered Covenants, Restrictions and Conditions" dated January 14, 1999,accepted by the Grantee and are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4081, at Page 206, and any amendments or supplements thereto,are ratified,affinned,and remain binding on the Property. 21. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded 7 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the second by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amendment. Said ordinance or resolution shall be recorded along with said instruments as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (a) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority,on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority (i) to order, in writing, that any noncompliance with such conditions be remedied, and (ii)to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory jurisdiction, abatement,damages, or other appropriate action, suit or proceeding; (b) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (d) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee. [Signature Page Follows) 8 WITNESS the following signatures and seals: JBWK, LLC, a New Mexico limited liability company By:_.iI — —� (SEAL) Name:s1- i'�4;j Title:5,•.�•u l t...�_ STATE OF VIRGINIA CITY/COUNTY OF� -Fo , to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that` r., p .KNCA tiof f JBWK, LLC, a New Mexico limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this a day of , 2025, who is persoliallY known to me or has produced as identification. Nota6 Public My Commission Expires:_ ' My Commission Number: oZ\wn S' WENDY A.EDWARDS Commonweahh of Vfr9ints Notary Public Commission No.212896 KDMY CARXIIiSSiOR Expires Am 34,20 9 WITNESS the following signatures and seals: WHITE CLOVER, LLC a New Mexico limited liability company BYi (SEAL) Name: ss. STATE OF VIRGINIA CITY/COUNTY OF {�0C �k , to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that y �)q 10, (��-ant �L occ ice\ MrnTpf WHITE CLOVER, LLC, a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this YOL day of r—, 2025, who is personally known to me or has produced as identification. L3MA, A� - CaC),Aa Notary Public My Commission Expires: W3r->)X)aq My Commission Number: a`Ag WENDY A.EDWARDS Commonwealth of VirQlnia Notary Public Commission No.212895 ►sty t omrrr7sivn Fames June 34,2t?26 10 WITNESS the following signatures and seals: Harrison and Lear. Inc., a Virginia corporation By: (SEAL) Name: �L%4 ah f*e.066v Title: irtsiJes&A- STATE OF VIRGINIA CITY/COUNTY OF y"PPT'"0AJ to-wit: 1, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that � f f0✓G3 14eA �- of 04ves+K 4h-41E��✓;�Hc, a Virginia corporation, whose name is signed to the foregoing instrument, has acknowledged the same before me this 3`{ day of N vvcwcbley,2025, who is personally known to me o as identification. GOL MICIVA ftal Notary Public My Commission Expires: 63(31� U-6 ANGELA MICHELLE MARTINEZ NOTARY PUBLIC REGISTRATION#00339363 My Commission Number: 00 W 563 COMMONWEALTH OF VIRGINIA 11MY COMMISSION EXPIRES 03/31/2028 11 EXHIBIT A JBWK Property Description(s) PARCEL ]: ALL THAT certain lot,piece or parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia,and being known,numbered and designated as"PARCEL 1-3 A, 1,343,377 S.F.,30.840 AC.", as shown on that certain plat entitled, "SUBDIVISION GOLF COURSE PARCEL 1-3 `WEST NECK' M.B. 303,PG.96 CITY OF VIRGINIA BEACH,VIRGINIA",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 201407030000695830(erroneously referenced in prior instruments as Instrument No.20140808000696150). PARCEL 2: ALL THAT certain piece or parcel of land,with the buildings and improvements thereon and the appurtenances thereunto belonging,situate,lying and being in the City of Virginia Beach,Virginia, and being known, numbered and designated as"GOLF COURSE PARCEL 14-16", as shown on that certain plat entitled, "SUBDIVISION OF VILLAGE E, F, G, H & GOLF COURSE AT `WEST NECK' FOR BAYMARK CONSTRUCTION CORPORATION, REF. D.B. 4129, PG. 1937, D.B. 4129, PG. 1939, D.B. 4081, PG. 700, M.B. 279, PG. 82-84, VIRGINIA BEACH, VIRGINIA",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 303,at pages 96 through 107, inclusive. PARCEL 3: ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging,situate,lying and being in the City of Virginia Beach,Virginia, and being known, numbered and designated as "GOLF COURSE PARCEL 4-11, 17, 18", as shown on that certain plat entitled,"SUBDIVISION OF VILLAGE E,F,G,H&GOLF COURSE AT `WEST NECK' FOR BAYMARK CONSTRUCTION CORPORATION, REF. D.B. 4129, PG. 1937, D.B.4129, PG. 1939,D.B.4081, PG. 700,M.B. 279,PG. 82-84, VIRGINIA BEACH, VIRGINIA",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 303, at pages 96 through 107, inclusive. TOGETHER WITH that certain piece of land added to GOLF COURSE PARCEL 4-11, 17 18 containing 3,747 S.F. or 0.086 AC. By the vacating of a property line depicted on that certain "PLAT OF 1NDIAN RIVER PLANTATION PHASE-TWO SECTION ONE, BEING SUBDIVISION OF PARCEL 'Y' - PROPERTY OF BAYMARK CONSTRUCTION CORPORATION & GOLF COURSE PARCEL 4-11, 17, 18 - PROPERTY OF BAYMARK, L.L.C. (REF. M.B. 282, PG. 26-33, M.B. 303, PG. 96)",which plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200409280154491. 12 PARCEL 4: ALL THAT certain piece or parcel of land,with the buildings and improvements thereon,and the appurtenances thereunto belonging,situate,lying and being in the City of Virginia Beach,Virginia, and being known, numbered and designated as "GOLF COURSE PARCEL 12-13-A" as shown on that certain plat entitled, "RESUBDIVISION OF VILLAGE G & GOLF COURSE PARCEL 12-13, SUBDIVISION OF VILLAGE E, F, G, H & GOLF COURSE AT 'WEST NECK', FOR BAYMARK CONSTRUCTION CORPORATION(M.B.303,PG.96-107),VIRGINIA BEACH, VIRGINIA",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,as Instrument Number 200408180131343. IT BEING a portion of the same property conveyed to WC CAPITAL L.L.C.,by Special Warranty Corrected Substitute Trustee's Deed from Peter G. Zemanian, Substitute Trustee, said Deed dated 4/28/2020, and recorded 6/29/2021, in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, as Instrument Number 202103052602. Second Corrected Substitute Trustee's Deed recorded 5/30/2024 at Instrument Number 202403022342. WC Property Description(s) PARCELS 5 &6: ALL THOSE certain pieces of parcels of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL C" and "PARCEL D", all as shown on that certain plat entitled, "SUBDMSION OF VILLAGE AT 'WEST NECK' FOR BAYMARK CONSTRUCTION CORPORATION,REF.D.B.4129,PG. 1939,M.B.279,pg. 82- 84,VIRGINIA BEACH,VIRGINIA,"which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 290, at pages I through 8, inclusive. 13 EXHIBIT B LOT LINES AND ZONING OVERLAY 14 _ NECK. — =ROAD e , Y -\ ,A Pi PI TO - - -24.05 AC / PD-1-12 ti \ %11 y j —�EN�'4RY DRIu�_\1 AC \.. 0,O'p1 -�>, iA L i�i,r ✓' �� l I �� —I - I F - - J Ve" �.. 5.04 AC ZPOD H PI TO Pi y ` \ � �� PD-H2 / 30.86 AC \ �'y ✓ \\y✓ r , \. P1 -1 42.24 AC � ,v 13.49 AC Pi Q ` { _ f 57.63 AC TO ' Pi t 12.24AC r PD-Hl TO / 1 / \ / Pi ,`(10.96 AC PARCEL METRICS&CALCULATIONS r I PARCEL A 8 C D E TOTAL ZONING, CURRENT P1 P1 / D- / D- PD P1 P H1 P1 P Hi -HI / ZONING, - r. PROPOSED Pl/PD-H2 p1 P7/PD-H2 Pl/PD-H2 PD-Hl / \ J TOTAL 31.16 30,86 25.73 110.83 5.04 203.62 ACREAGE ACREAGE OUTSIDE OF WATER, 21.71 22.08 11.56 80.43 4.60 140.38 ¢P - WETLANDS. (69.7%) (71.5%) (44,9%) (72.6%) (91.3%) (68.94%) EASEMENTS OO, (PER SEC.200) TOTAL ACREAGE TO 7.11 0 25.73 53.20 0 86.04 BE REZONED ACREAGETO BE DE REZONED J_- OUTSIDE WATER, (582%) (%) (44.9%) (58.2%) (0%) (5426%) WETLANDS,& - -, EASEMENTS �� ;• -'- � .� � � � , I (PER SEC.200) i I ILLUSTRATIVE E%HI61TS PRESERVE AT WEST NECK LOT LINES&ZONING OVERLAY WPLILANDSCAPEARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS 'SC 'C� 6c0 "W.}� LO�p ` .. (\/ 114G. AG2 Q1. ,P u ��GOXro AG1 P 1 B� PM Oa� 4R LOOP, yONNET �W.yiNG �Q0 e ui LN OR o� a w /,P1 sire P i cry LEGENpgRY R20(P1)(PDH2) 4, z: PDH1 330 d AG1 �� y AG2 AG1 `R20 ti:-e5r CANo °Q'" W4, �N P�NF. tF ESTic �� IR20 R20 �, eRo c •' , t l <F ' AG2 o !v,C R201 2 ° sT.STOnfi, �N%gN J 114ygY2 2 ��T 7 _ KESTRELN L, ® site Harrison and Lear, Inc. Zoning 3100 Arnold Palmer Drive Property Polygons Feet 0 310 620 1,240 1,860 2,480 Map created by Planning Department on 2/26/2026 8 ADJOURNMENT ITEM#78151 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSIONADJOURNED at 10.05 P.M. Terri H. Cheliu Chief Deputy City Clerk 101knI Amanda Barnes, A&C Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia March 24, 2026