“UPDATE FOR CXB ON LITIGATION CHALLENGING CITY COUNCIL APPROVAL OF REZONING AND REDEVELOPMENT OF WINDSONG APARTMENT SITE ALONG PLEASURE HOUSE ROAD”

MARCH 21, 2022

On January 19, 2021, over objections of our Civic League, City Council approved (7 to 3) Collier’s application to rezone the 15-acre Windsong Site, and to redevelop it increasing the number of residential units there from 272 to 411, a 51% increase, decreasing the amount of land capable to absorbing stormwater, providing fewer parking spaces than standard zoning rules require, permitting construction of two 4-story apartment buildings 10 feet from Northampton Boulevard, and one 3-story apartment building 5 feet from Pleasure House Road.

Approval was made with scant consideration as to whether the approved redevelopment would urbanize and transform the character of our long-established community, impair the efficacy and safety of our roadways, and cause stormwater runoff damage to our roads and our residences.

In February 2021, about 40 of us filed an action in Circuit Court seeking to have approval of the Windsong Site rezoning and redevelopment plan declared unlawful. We contended that approval violated specific provisions of the Virginia Beach Zoning Ordinance and its Comprehensive Plan.

The City Council and Collier challenged our right to judicial review.

On August 5, 2021, without any explanation, Circuit Court dismissed our action denying us access to judicial review of City Council’s approval.

On December 13, 2021, we filed our petition for appeal to the Virginia Supreme Court, asking the state Supreme Court to permit us to appeal.

The City Council and Collier challenged our right to judicial review.

On August 5, 2021, without any explanation, Circuit Court dismissed our action denying us access to judicial review of City Council’s approval.

On December 13, 2021, we filed our petition for appeal to the Virginia Supreme Court, asking the state Supreme Court to permit us to appeal.

On March 9, 2022, the Supreme Court scheduled a 10-minute period after 9 a.m. during the morning of April 5, 2022, for us to make oral argument in Richmond to support our petition. George Squires will argue. Although they prohibit the in-person attendance of observers, except attorneys for City Council and Collier, they permit anyone to hear a live feed of the argument by using the following link:

http://www.vacourts.gov/courts/scv/home.html

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