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Panel approves proffer change for Old Dominion Industrial Park after dispute over screening enforcement
Summary
The board approved a proffer amendment for a lot in the Old Dominion Industrial Park that removes an unenforceable proffer requiring prior developer approvals while retaining a screening requirement; the applicant argued inconsistent enforcement across the park, prompting debate over parity and compliance.
The Goochland County Board of Supervisors approved a proffer amendment for 1164 Tri‑County Drive in the Old Dominion Industrial Park after staff presentation, an applicant statement, and board discussion about historical enforcement and uniformity.
Assistant Director Ray Cash explained that the industrial park contains multiple lots with differing proffers and three sets of base zoning standards applied over time, meaning not every lot has identical screening requirements. The proffer in dispute (Proffer 5) required building approval by two original developers who are now deceased; Cash said that proffer is no longer enforceable. Staff recommended removing Proffer 5 to improve enforceability while retaining the proffered screening requirement for outdoor storage.
Applicant Evan Weiner (Big Daddy's Oilville Office Land Holding Corporation) told the board he purchased the parcel with knowledge of a screening proffer but argued staff had not enforced similar requirements consistently across the park for decades. He asked for equitable treatment and suggested a park‑wide review rather than a single‑lot penalty. "I'm just asking to be treated the same as everyone else," Weiner said, adding that he would comply if enforcement were applied uniformly.
Board members debated whether removing Proffer 5 would create an inequity but noted the directive from the board when it deferred the case: staff should analyze compliance across the park. After discussion, the board approved the applicant's requested proffer amendment that retains required screening between lots (Proffer 3) while removing the unenforceable Proffer 5. A motion adopting the recommended amendment passed on recorded voice vote with board members indicating support in the transcript.
What happens next: The applicant will complete required screening improvements and any outstanding plan‑of‑development corrections; staff said compliance will be enforced through development review and complaint‑driven processes.
