[7a. 96-26 PUP-2026-100022 Brookland Spy Rock Real Estate Group: Request for a Provisional Use Permit under Sections 24-2306 and 24-3708 of Chapter 24 of the County Code to allow a mixed-use development with multifamily residential on Parcel 776-736-7233 located at the southeast intersection of Westmoreland Street and Jacque Street. The existing zoning is M-1 Light Industrial District. The 2026 Comprehensive Plan recommends Heavy Industry. The site is in the Westwood Redevelopment Overlay District. The Planning Commission voted to recommend the Board of Supervisors grant the request. (Deferred from the May 12, 2026, meeting.) ]

BLESS ALL WHO SERVE THIS COUNTY. FIRST RESPONDERS.

EDUCATORS. COUNTY EMPLOYEES, VOLUNTEERS AND THE MANY RESIDENTS WHO GIVE THEIR TIME AND ENERGY TO STRENGTHEN THE COMMUNITY IN A THOUSAND WAYS EVERY DAY.

MAY THEIR EFFORTS BE MET WITH GRATITUDE AND RENEWED STRENGTH IN THE YEAR AHEAD.

AS WE ENTER SHANAH HADASHA A NEW YEAR, MAY IT BE A YEAR OF HEALTH, SAFETY, COMPASSION AND UNITY FOR ALL WHO CALL HENRICO HOME.

OH, SAY SHALOM. WHO? YAHWEH. SHALOM. ALEINU. VE ALKOL YESH VIA HENRICO AND I WILL TRANSLATE.

MAY THE 1ST WHO MAKES PEACE IN THE HEAVENS MAKE PEACE FOR ALL OF US AND FOR ALL WHO DWELL IN HENRICO COUNTY. MAY BE SEATED.

THANK YOU SO MUCH.

I WILL CALL FOR A MOTION TO APPROVE THE REGULAR AND SPECIAL MEETING MINUTES FROM TUESDAY, APRIL THE 25TH, 2026 REGULAR AND SPECIAL MEETING. SO MOVED. SECOND.

MOVED BY MISS ROUNDTREE, SECONDED BY REVEREND NELSON. ALL IN FAVOR, SAY AYE. OPPOSED? THE AYES HAVE IT. MINUTES APPROVED.

MR. MANAGER, DO YOU HAVE ANY COMMENTS THIS EVENING? I DO NOT, MR. CHAIR. ARE THERE ANY COMMENTS FROM MY COLLEAGUES, MR. ROGERS? YEAH. MR. CHAIR. JUST ONE COMMENT. WE HAD A TUCKAHOE VOLUNTEER RESCUE SQUAD LIFE MEMBER WHO PASSED AWAY THIS PAST WEEK, AND MR. JOE BAZALA. HE WAS A LONG TIME RESIDENT OF TUCKAHOE DISTRICT, FARMINGTON NEIGHBORHOOD.

JOE WAS MARRIED TO MARY BAZALA FOR 35 YEARS. JOE SERVED IN THE UNITED STATES ARMY IN THE EARLY 1960S.

AFTER HIS ARMY SERVICE, JOE BECAME A MEMBER OF THE FAIRFAX VOLUNTEER VIRGINIA FIRE DEPARTMENT IN THE MID 1980S.

JOE MOVED TO HENRICO AND JOINED THE TUCKAHOE VOLUNTEER RESCUE SQUAD, WHERE JOE SERVED AS AN EMT AND LATER SERVED AS AN AUTOMOTIVE CHAIRMAN AND OTHER LOGISTICS RELATED DUTIES AS WELL, AND WELL KNOWN FOR HIS COOKING SKILLS.

JOE WAS ACTIVE IN THE COMMUNITY AND A MEMBER OF THE VFW AND THE SONS OF ITALY, ALONG WITH OTHER CIVIC GROUPS.

JOE PASSED AWAY AT THE AGE OF 87 YEARS OLD ON SATURDAY, AUGUST 29TH AFTER SUFFERING A MEDICAL EMERGENCY.

JOE WAS ASSISTED BY HENRICO FIRE STATION 309 AT REGENCY AND HENRICO DOCTORS HOSPITAL ON FOREST.

JOE WILL BE LAID TO REST ON THE. AT THE VIRGINIA VETERANS CEMETERY IN AMELIA COUNTY ON SEPTEMBER 18TH AT 1 P.M., FOLLOWED BY A RECEPTION AT WOODIE FUNERAL HOME ON PARHAM ROAD FROM 4 TO 8 P.M..

PLEASE KEEP JOE'S FAMILY AND FRIENDS IN YOUR THOUGHTS AND PRAYERS.

THANK YOU, MR. CHAIR. THANK YOU SO MUCH, MISS ROGERS.

ANYONE ELSE COMMENTS? MR. MANAGER, I WANT TO.

FIRST OF ALL, LET ME RECOGNIZE MEDIA. MISS DANIELLE DUNCAN.

I'M. CHANNEL EIGHT IS HERE. MR. CHAIR, MEMBERS OF THE BOARD, AS YOU MOVE INTO YOUR PUBLIC HEARINGS,

[00:10:06]

YOU BEGIN WITH AGENDA ITEM 96-26 OUT OF THE BROOKLYN DISTRICT, WHICH IS SPY ROCK REAL ESTATE GROUP, WITH A REQUEST FOR PROVISIONAL USE PERMIT UNDER CHAPTER 24 OF THE COUNTY CODE TO ALLOW A MIXED USE DEVELOPMENT WITH MULTIFAMILY RESIDENTIAL ON A PARCEL NEAR THE INTERSECTION OF WESTMORELAND STREET AND DOCK STREET.

NOW MR. HUMPHRIES, I UNDERSTAND A DEFERRAL HAS BEEN REQUESTED ON THIS CASE TO OCTOBER THE 13TH.

YES, SIR. ONE MONTH DEFERRAL BY THE APPLICANT, MR. CHAIR. THANK YOU SO MUCH, MR. MANAGER. IS THERE A MOTION? NO QUESTIONS AT THIS TIME, MR. CHAIR. IT'S A PUBLIC HEARING, SO.

OKAY. SEE IF ANYBODY. IS THERE ANYONE HERE? EVEN THOUGH IT'S GOING TO BE DEFERRED, WE WANT TO STILL GIVE YOU AN OPPORTUNITY TO SPEAK TO THE CASES. ANYBODY PRESENT THAT WOULD LIKE TO SPEAK TO IT IN PERSON? WE DO HAVE SARAH LAPOINTE AND ADAM COLLETT.

ARE YOU MR. COLLETT, MR. HOLMES? YES, SIR. THE FLOOR IS YOURS. GOOD EVENING. MY NAME IS JIM HAWES, PRESIDENT AND CEO OF VMAC INCORPORATED, LOCATED AT 4201 GEORGE STREET IN RICHMOND.

VMAC IS A THIRD GENERATION, FAMILY OWNED PLUMBING WELL AND SEPTIC SUPPLIER HEADQUARTERED HERE IN RICHMOND WITH 24 LOCATIONS THROUGHOUT THE STATE.

WE HAVE SERVED CONTRACTORS IN THIS COMMUNITY FOR 111 YEARS AND OCCUPIED OUR CURRENT ADDRESS SINCE 1967.

OUR ROOTS THIS FAMILY'S ROOTS ARE HERE IN HENRICO COUNTY, WITH THE FOURTH GENERATION LEADERSHIP LEADERSHIP ESTABLISHED IN PLANNING FOR THE FUTURE.

WE CURRENTLY SUPPORT 180 ASSOCIATES AND THEIR FAMILIES.

APPROXIMATELY 50 OF THOSE ARE EMPLOYED AT THAT ADDRESS OF 4201 GEORGE STREET.

OUR GOAL, AND MY REASON FOR BEING HERE THIS EVENING, IS NOT TO OPPOSE RESPONSIBLE DEVELOPMENT, BUT TO UNDERSTAND THIS PROJECT AND ENSURE THAT OUR CUSTOMERS AND THE MANUFACTURERS THAT SHIP PRODUCT TO US FOR REDISTRIBUTION HAVE AND WILL HAVE ADEQUATE ACCESS WITH MINIMAL BUSINESS DISRUPTION. WE RECOGNIZE THINGS CHANGE AND YOU HAVE TO ADAPT TO CHANGING CIRCUMSTANCES.

HOWEVER, THAT TAKES PROPER PLANNING ACROSS MANY MOVING ASPECTS AND FRONTS.

WE WERE HERE IN 2023 WHEN THE MARSHALL PROPERTY ADJACENT TO US WAS APPROVED FOR 241 RESIDENTIAL UNITS AND 375 PARKING SPACES, AND EXPRESSED CONCERN ABOUT THE VERY SAME ISSUE.

TO DATE, THAT PROJECT HAS NOT STARTED. SPY ROCK, JUST TO THE OTHER SIDE OF VMAC, IS NOW PROPOSING 224 RESIDENTIAL UNITS AND 303 PARKING SPACES. THESE ARE JUST THE PROJECTS ON OUR BLOCK OF DOCK STREET, AND THAT IS SHARED BY A TRUCK SALES BUSINESS, A COMMUNITY OUTREACH CENTER, AND SEVERAL OTHER WAREHOUSE DISTRIBUTION COMPANIES.

IT DOESN'T TAKE INTO ACCOUNT THE OTHER SIGNIFICANT PROJECTS IN CLOSE VICINITY THAT HAVE BEEN APPROVED OR IN THE PLANNING STAGES.

WE ACKNOWLEDGE THAT THE PLANNING COMMISSION HAS APPROVED THE CURRENT PROPOSAL AND RECOMMENDED FOR YOU TO VOTE.

HERE'S WHERE OUR CONCERNS LIE. IF THESE PROJECTS WERE TO GO UNDER CONSTRUCTION WITHIN CLOSE TIMING PROXIMITY, HAVE YOU CONSIDERED THE NUMBER OF RESIDENTIAL UNITS THAT ARE ALREADY IN PLANNING FOR HENRICO COUNTY? OUR SERVICES ARE INCREASING TO MEET THAT PROJECTED DEMAND.

WHAT INFRASTRUCTURE WILL HENRICO COUNTY HAVE TO DO? HAVE TO DO TO THE INTERSECTIONS OF WESTMORLAND AND DOCK STREET, DABNEY AND DOCK STREET, WHICH WOULD AFFECT HOW OUR CUSTOMERS AND MANUFACTURERS COME TO US.

HAS HENRICO COUNTY PLANNING DONE THEIR DUE DILIGENCE DILIGENCE WHEN IT COMES TO INCREASED DENSITY, INFRASTRUCTURE, ROAD IMPROVEMENTS, STORMWATER PLANNING, UTILITIES AND SIDEWALKS, WHICH COULD ALSO INCLUDE BICYCLE TRAFFIC? HOW ARE THE ROADS WITHIN THE INTERIOR OF AN INDUSTRIAL PARK THAT WERE DESIGNED IN THE 1960S FOR MIXED USE OF RAIL, CAR, TRUCK, TRACTOR TRAILER GOING TO HANDLE ALL OF THE PROPOSED INCREASED TRAFFIC LOAD, INCLUDING 54 FOOT TRACTOR TRAILERS.

IF THAT PLANNING WERE ALSO TO INCLUDE ON STREET PARKING.

PARALLEL PARKING ON DOCK STREET, THAT ALSO RAISES SEVERAL CONCERNS.

ONCE THE PROJECT HAD BEEN COMPLETE, CONSIDER THE MIX OF TWO RESIDENTIAL COMMUNITIES.

465 UNITS IS PLANNED, WITH WHOLESALE DISTRIBUTION COMPANIES IN BETWEEN THEM.

IN OUR INDUSTRIAL AREA, WE DON'T SEE SCHOOL BUSSES TODAY.

HOWEVER, THEY COULD ALSO BE IN THE MIX IN THE FUTURE.

[00:15:01]

AND HOW WILL THAT WORK? OUR BUSINESSES AND OUR BUSINESS AND OUR CUSTOMERS BUSINESSES DEPENDS ON HOW WE CAN SERVICE THEM.

ITEMS THAT THEY PURCHASE FROM US TO SUPPORT THEIR LIVELIHOOD.

WE PRIDE OURSELVES ON EFFICIENCY OF SERVICING THOSE CUSTOMERS AND HAVE DESIGNED OUR LOCATIONS SO THEY CAN GET IN AND OUT QUICKLY.

WE WANT TO ENSURE OUR NEEDS AND CONCERNS, AS ESTABLISHED IN THE BUSINESS OF THE WESTWOOD REDEVELOPMENT REDEVELOPMENT SECTOR ARE CONSIDERED AS PART OF THE EQUATION AS YOU CONSIDER THIS PLANNING PROPOSALS IN THE FUTURE.

AS I SHARED IN THE OPENING, WE ARE NOT OPPOSED TO RESPONSIBLE DEVELOPMENT, ESPECIALLY IN A PHASED APPROACH WITH PROPER, PROPER PLANNING. I ASK YOU, BEFORE YOU VOTE ON THIS PROJECT, WHETHER TODAY OR IN THE FUTURE, DO YOU BELIEVE THAT THE DUE DILIGENCE HAS BEEN DONE WHEN IT COMES TO ALL THE THINGS THAT NEED TO BE CONSIDERED, ESPECIALLY THE PROPER PLANNING FOR INCREASING THE DENSITY IN AN ACTIVE INTERIOR OF AN INDUSTRIAL AREA? THANK YOU FOR THE OPPORTUNITY TO ADDRESS THIS THIS EVENING. THANK YOU SO MUCH, SIR.

IS THERE ANYONE ELSE LIKE TO SPEAK TO THIS ITEM? IS THERE ANYONE ONLINE LIKE TO SPEAK TO THIS ITEM? THERE'S NO ONE TO SPEAK TO THIS ITEM. THANK YOU SO MUCH.

THIS PUBLIC HEARING IS CLOSED. THANK YOU, MR. CHAIR. MR.. THANK YOU FOR BEING HERE. WE APPRECIATE YOUR TIME.

IT'S GOOD TO SEE THE APPLICANT AS WELL. THANKS, EVERYBODY FOR BEING HERE. JUST A LITTLE CONTEXT.

I KNOW THAT THIS HAS BEEN A REQUEST FOR A DEFERRAL.

I WOULD OBVIOUSLY I'M GOING TO SUPPORT THAT THAT DEFERRAL.

BUT I WANT TO ADDRESS NOT ONLY THE SPEAKERS CONCERNS BUT PROVIDE AN UPDATE FOR FOR REALLY EVERYONE, NOT ONLY THE APPLICANT, BUT FOR THE BUSINESS OWNER THAT WAS HERE, BUT FOR EVERYBODY ELSE THAT, THAT MR. PHELPS AND I ARE PLANNING COMMISSIONER HAVE SPOKEN WITH ONE THE APPLICANT AND MR. PHELPS AND I HAVE MET SINCE SINCE SOME OF THESE CONCERNS WERE BROUGHT TO LIGHT AND ADDITIONAL CONSIDERATION HAS BEEN GIVEN TO SOME OF THE CONCERNS THAT WERE

[7b. 179-26 REZ-2026-100545 Varina Beckley Bluford Investment, LLC: Request to rezone from C-1 Conservation District to A-1 Agricultural District on part of Parcel 832-727-2459 containing 26.4 acres located on the east line of Beckley Road approximately 300’ west of its intersection with Beverstone Road. The use will be controlled by zoning ordinance regulations. The 2026 Comprehensive Plan recommends Suburban Residential 1 (density should not exceed 2.4 units per acre) and Environmental Protection Area. The Planning Commission voted to recommend the Board of Supervisors grant the request. (Deferred from the August 11, 2026, meeting.) ]

NOTED HERE, NOT ONLY THE TIMING OF THE TWO PROJECTS, WHICH I NOTED TODAY, IS ANOTHER AS A CONCERN, THE UTILITY INFRASTRUCTURE, ROAD CONDITION ACCESS FOR BUSINESSES AND HOW TO MAKE, HOW TO MAKE WESTWOOD ABLE TO CONTINUE TO BE THE INDUSTRIAL HUB THAT IT HAS BEEN FOR, FOR A VERY LONG TIME, BUT ALSO WELCOME THE RESIDENCES AND THE MIXED USE COMMUNITIES THAT THIS COUNTY AND QUITE FRANKLY, OUR RESIDENTS ARE DEMANDING WITH QUALITY BUILDERS SUCH AS THE APPLICANT AND WITH EXISTING PROPERTY.

THE SPEAKER JUST MENTIONED NOT ONLY THE MARSHALL PROJECT AND THE AND THE CURRENT APPLICANT, BUT THERE'S OTHER PROJECTS ALONG THAT ROAD THERE WITH REGARD TO KINSALE AND THE UKROP'S PROPERTY THAT ARE HANGING OUT THERE THAT HAVE BEEN APPROVED AND HAVE THE ABILITY TO BE BUILT. AND QUITE FRANKLY, AND MY COLLEAGUES AND I, WE'VE SPOKEN ABOUT THIS, BUT I WANT TO MAKE IT CLEAR THAT WHEN WE LOOK AT A CASE, WE'RE LOOKING AT TRAFFIC STUDIES FOR THAT CASE, AND WE'RE LOOKING AT SCHOOL IMPACT FOR THAT CASE.

BUT VERY RARELY DO WE LOOK AT THE TOTALITY OF THIS 224 UNITS AND THE 241 NEXT DOOR, PLUS THE 3000 THAT HAVE BEEN APPROVED WITHIN THAT MILE OR TWO RADIUS.

AND WHAT THAT TOTAL IMPACT IS WHEN FULLY BUILT ON PARKING, ON TRAFFIC, ON SCHOOLS.

SO I KNOW WE'VE DISCUSSED THIS AS LATE AS TODAY. WHEN I SAW YOU IN THE HALLWAY, WE DISCUSSED IT. THE NEXT STEP FOR THIS TO UTILIZE THIS DEFERRAL TIME PROPERLY IS MR. PHELPS AND I WILL CLOSE OUT SOME MEETINGS WITH BUSINESS OWNERS.

THE APPLICANT, I WILL SAY, HAS PROVIDED A PRETTY IN-DEPTH DATA SUMMARY.

THANK YOU FOR THE DATA THAT WAS SENT. QUITE FRANKLY, WE'RE JUST TRYING TO FIND WHAT THAT WE'RE THAT LEVEL OF DEVELOPMENT AND THAT RIGHT MIX IS TO SERVE THE EXISTING BUSINESSES THAT ARE THERE YET STILL PROVIDE THE MIXED USE RESIDENTS RESIDENTIAL BUILD THAT, THAT, THAT, THAT, THAT, THAT MARKET IN THAT AREA CERTAINLY IS, IS DESTINED FOR.

SO WE'LL USE THAT TIME PROPERLY. YOU KNOW, SETH, I KNOW WE MENTIONED IT, BUT I WILL SET UP A MEETING WITH STAFF AND TRY TO REVIEW THE DATA THAT WE'VE THAT WE'VE GOTTEN, BALANCE IT AGAINST WHERE WE THINK THE CORRECT NUMBERS ARE.

THE TIMING IS ANOTHER GREAT PIECE, JIM, THAT I TOOK A NOTE OF TODAY.

AND THEN WE'LL COME BACK TO THE BUSINESS OWNERS, NOT JUST ME, BUT THE OTHER ONES ALONG THAT CORRIDOR AND MAKE SURE THAT WE'RE PROVIDING THE FEEDBACK BACK AND THE ASSURANCES THAT THIS COUNTY IS DOING THE DUE DILIGENCE WITH REGARD TO INFRASTRUCTURE AND ROADS AND THE ABILITY TO SERVE IT WITH PUBLIC SAFETY.

FIRE AND POLICE. CERTAINLY WITH DPU INFRASTRUCTURE AND DPW INFRASTRUCTURE.

SO AGAIN, I WANT TO THANK YOU FOR YOUR TIME, JIM, FOR BEING HERE. IT'S GOOD TO SEE YOU AGAIN. WE'LL BE IN TOUCH VERY SHORTLY. YOU'RE NOT THE ONLY ONE ON THAT CORRIDOR THAT WE WANT TO TALK WITH AND TO THE APPLICANT.

THANK YOU FOR REQUESTING THE DEFERRAL. THANK YOU FOR THE DATA SET THAT YOU SENT. IT'S GOING TO IT'S GOING TO ENABLE CHRIS AND I TO MEET WITH STAFF, AND THEN WE HOPE TO BE ABLE TO MOVE THIS PROJECT ALONG WITH, WITH SOME EXPEDIENCY.

SO AGAIN ON THAT NOTE, MR. CHAIR, THANK YOU FOR THE EXTRA TIME.

YES, SIR. BUT I MOVE THAT WE I'LL MOVE THAT PUP2026100022 SPY ROCK REAL ESTATE GROUP

[00:20:04]

BE DEFERRED TO THE OCTOBER 13TH, 2026 MEETING AT THE REQUEST OF THE APPLICANT.

THANK YOU SO MUCH, MR. SCHMIDT. IS THERE A SECOND? SECOND MOTION MADE BY MR. SMITH, SECONDED BY MR. ROGUISH. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? THE AYES HAVE IT. THE DEFERRAL IS APPROVED. AS A MANAGER.

NEXT. MR. CHAIR, MEMBERS OF THE BOARD. 179-26 OUT OF THE VERONA DISTRICT IS BECKLEY BLUFORD INVESTMENTS, LLC, WITH A REQUEST TO REZONE FROM C1 CONSERVATION DISTRICT TO A-1 AGRICULTURE DISTRICT, PART OF A PARCEL CONTAINING JUST OVER 26 ACRES THAT IS LOCATED ON THE EAST LINE OF BECKLEY ROAD, NEAR ITS INTERSECTION WITH BEVERSTONE ROAD.

MR. HUMPHRIES THANK YOU, MR. CHAIRMAN. MEMBERS OF THE BOARD AS AS STATED, THIS REQUEST IS TO REZONE THE PROPERTY FROM C1 CONSERVATION TO A-1 AGRICULTURAL DISTRICT. THE SUBJECT PROPERTY CONSISTS OF APPROXIMATELY 26.4 ACRES PART OF A LARGER 95 ACRE PARCEL THAT EXTENDS TO THE NORTH SIDE OF INTERSTATE 95. THE REQUEST INCLUDES ONLY A SECTION OF THE PROPERTY ZONED C ONE CONSERVATION DISTRICT. THE SAME AREA WAS PREVIOUSLY PART OF A LARGER REZONING CASE, WHICH PROPOSED R5AC GENERAL RESIDENCE DISTRICT ZONING.

THAT APPLICATION WAS ULTIMATELY DENIED AND NO ZONING CHANGES RESULTED.

ALTHOUGH THIS CURRENT REQUEST FALLS WITHIN THE ONE YEAR OF THAT, DENIAL HAS BEEN DEEMED SUBSTANTIALLY DIFFERENT DUE TO THE REDUCED ACREAGE AND THE DIFFERENT ZONING CLASSIFICATION BEING REQUESTED, THE PROPOSED AYE ONE ZONING DISTRICT WOULD ALLOW AGRICULTURAL USES, AS WELL AS SINGLE FAMILY RESIDENCES WITH A MAXIMUM DENSITY OF ONE UNIT PER ACRE.

THIS REQUEST CONTEMPLATES THE APPROPRIATENESS OF THE A ONE ZONING AND ALL ALLOWABLE USES, AS NO SPECIFIC USE HAS BEEN IDENTIFIED.

THE COMPREHENSIVE PLAN RECOMMENDS SUBURBAN RESIDENTIAL ONE AND ENVIRONMENTAL PROTECTION AREA.

SUBURBAN RESIDENTIAL ONE CARRIES A RECOMMENDATION OF DETACHED SINGLE FAMILY HOMES, WITH THE DENSITY RANGE OF 1 TO 2.4 UNITS PER ACRE, AND THE AYE ONE ZONING DISTRICT WOULD BE CONSISTENT WITH THAT.

THE APPLICANT HAS ALSO WORKED WITH THE DEPARTMENT OF PUBLIC WORKS TO VERIFY THE BOUNDARIES OF THE FLOODPLAIN, AS WOULD NORMALLY BE DONE DURING THE SUBDIVISION PROCESS.

THE DEPARTMENT OF PUBLIC WORKS DETERMINED THE BOUNDARIES SUBMITTED WITH THIS REQUEST ARE CONSISTENT WITH THE LATEST AVAILABLE 100 YEAR FLOODPLAIN.

BASED ON THESE EFFORTS BY THE APPLICANT AND THE VERIFICATION BY DEPARTMENT OF PUBLIC WORKS, STAFF CAN RECOMMEND APPROVAL OF THIS REQUEST.

THAT CONCLUDES MY PRESENTATION. I'D BE HAPPY TO TAKE ANY QUESTIONS.

THANK YOU SO MUCH, SIR. ANY QUESTIONS RIGHT NOW? YEAH, I DO HAVE A COUPLE.

SO THE PREVIOUS REQUEST, I THINK THIS WAS THIS LAST YEAR OR WAS THIS EARLIER THIS YEAR? I THINK IT WAS LAST YEAR. LAST YEAR. DECEMBER WHAT WAS THE THE PREVIOUS REQUEST WAS WHAT THAT WE, THAT WE DENIED IT WAS R5A THE FINAL DENSITY OR THE FINAL UNIT REQUEST WAS 95 UNITS.

ALL RIGHT. SO AND IT STARTED, I DON'T KNOW IF YOU CAN REMEMBER.

I THINK IT STARTED IT STARTED LIKE 150 OR SOMETHING LIKE THAT.

YES SIR. AND SO WE WORKED WELL, NOT WE, BUT IT WAS WORKED DOWN TO ABOUT 95.

YES SIR. AND WE, WE DENIED IT. AND THEN IT WAS A, IT WAS ANOTHER CASE NOT TIED TO IT BUT CAME AT ABOUT THE SAME TIME. CAN YOU REMEMBER ANYTHING ABOUT THAT CASE.

YES SIR. THAT WAS, THAT WAS ALSO FOR R5A AND THEY HAD ABOUT HALF OF THE PROPERTY WAS, WAS GOING TO BE ZONED C ONE.

AND THEY ENDED UP CLUSTERING IT AS WELL AND HAD LIKE A 100 FOOT BUFFER BETWEEN THE ADJACENT SUBDIVISION IN THAT.

AND THEY EVENTUALLY WENT DOWN TO A SIMILAR DENSITY OF ABOUT 1 TO 1 AND A HALF UNITS PER ACRE.

OKAY. SO BUT WE DID NOT GET TO. YES, SIR. AND ONE OF THE THINGS THAT I REMEMBER OUT OF THE CONVERSATION WAS SOME OF THIS LAND WAS A ONE. SO. WE KNEW THAT THE POSSIBILITY OF THE DEVELOPER COMING BACK AND WANTING TO DEVELOP SOME OF IT AS A ONE IS, WAS REAL.

IT'S, IT'S IT'S PERMITTED I GUESS. SO WHAT'S THE HOW MANY UNITS COULD WE GET ON THE A ONE NOW? THE MAXIMUM DENSITY IS ONE UNIT PER ACRE, BUT IT DEPENDS ON WHETHER THE LOTS ARE ABLE TO PERC AND

[00:25:06]

SOME, SOME TAKING OUT FOR ROADS AND AND OTHER SENSITIVE AREAS AND SLOPES AND THAT TYPE OF THING.

SO WHAT'S THE ACREAGE RIGHT NOW. ACREAGE OF THIS REQUEST IS 26.4.

OVERALL I THINK IT WOULD BE ABOUT 50 ACRES TOTAL ON THIS PORTION OF THE PROPERTY.

JUST LOOK AT THE, IF YOU JUST LOOK AT WHAT WAS, WHAT IS A ONE ALREADY IS 26 ACRES.

I THINK WE, I THINK WE DID A ROUGH ESTIMATION OF SOMEWHERE BETWEEN 30 AND 40 LOTS FOR THE A ONE.

AND IF THE C ONE BECAME A ONE CORRECT. I THINK THE APPLICANT'S DONE SOME ADDITIONAL CALCULATIONS THAT THEY WOULD BE ABLE TO GIVE YOU A BETTER IDEA OF THAT.

OKAY. ALL RIGHT. BECAUSE THEY HAVE MORE KNOWLEDGE ON EXACTLY WHAT I'LL CALL THE APPLICANT UP IN A SECOND.

SO WHAT'S THE SO APPLICANT GET READY BECAUSE I'M GOING TO ASK YOU HOW MANY UNITS COULD BE PUT ON THE A ONE ALONE.

NOT NOT CONSIDERING TO SEE ONE. CAN YOU OR BEN OR SOMEBODY TELL ME ABOUT THE I GUESS ONE OF THE THINGS THAT STAFF HAS BROUGHT TO MY ATTENTION IS THE LINE THAT WAS DRAWN FOR C ONE.

THERE'S SOME STORY OR HISTORY BEHIND THAT LINE.

AND I THINK STAFF BELIEVES THAT THAT LINE. THERE IS NOT DOCUMENTATION.

I MEAN IT CANNOT BE. IT. THERE IS SOME QUESTION ABOUT ITS VALIDITY AS A TRUE LINE DRAWN FOR CONSERVATION.

I DON'T KNOW IF THERE'S A QUESTION ABOUT ITS VALIDITY, BUT WHEN IT WAS DRAWN, IT WAS DRAWN AS A STRAIGHT LINE.

TYPICALLY THE C ONES ARE DRAWN BASED ON FLOODPLAIN MAPS.

I DON'T KNOW OF ANY STRAIGHT LINE THAT'S A FLOODPLAIN.

AND WHEN THEY AFTER THEY DREW IT, THEY CARVED OUT AN AREA FOR THE ADJACENT SUBDIVISION FOR THE SILVER SPRINGS FARM SUBDIVISION OUT OF THAT C1 PORTION, SO THERE WAS NO LONGER C1, WHICH ALLOWED THAT AREA TO DEVELOP OR REFLECTING WHAT HAD CURRENTLY ALREADY DEVELOPED. SO IT'S NOT SOMETHING.

SO CAN YOU SHOW MY COLLEAGUES WHAT YOU ARE POINTING TO? SO THIS IS THE LINE HERE. AND IT EXTENDS ALL THE WAY THROUGH AND BEYOND.

AND THEN IT WAS CARVED OUT OF THIS AREA HERE.

IF WE GO BACK TO THE LAND USE OR THE. YEAH, THIS IS THE FUTURE LAND USE.

THIS IS THE ZONING. YOU CAN SEE HOW IT CONTINUES ON BEYOND THE SUBDIVISION TO THE OTHER SIDE.

AND THE SUBDIVISION WAS CARVED OUT OUT OF THAT C1.

I MEAN, YOU CAN SEE THE REST OF THE LINES FOR THE C1, HOW THEY'RE CURVED AND FLOW WITH THE TOPOGRAPHY.

REGARDING THE FLOODPLAIN. AND THEN THIS LINE WAS FOR WHATEVER REASON, WAS JUST DRAWN STRAIGHT ACROSS.

SO IT SEEMS ARBITRARY. A BIT ARBITRARY TO ME.

OKAY. ALL RIGHT. THAT'S ALL I THINK THAT'S ALL THE QUESTIONS I HAVE FOR STAFF.

OKAY. THANK YOU SIR. THIS IS A PUBLIC HEARING.

WE DO HAVE TWO FOLKS THAT HAVE SIGNED UP. AND SO THE FIRST PERSON THAT SIGNED UP CAN WE HEAR FROM THE GENERALLY, DON'T WE HEAR FROM THE APPLICANT FIRST BEFORE WE HEAR, CAN WE HEAR FROM.

DO YOU MIND IF YOU LIKE TO, SIR? YEAH. YEAH. LET'S LET'S HEAR FROM THE APPLICANT FIRST AND THEN WE'LL HEAR FROM THE PUBLIC.

MR. CHAIR, MEMBERS OF THE BOARD, MY NAME IS ANDY COUNCILMAN HERE ON BEHALF OF THE APPLICANT.

AND SETH, I DON'T KNOW IF YOU WANT ME TO DO THAT OR YOU GO FORWARD.

MR. HUMPHRIES ALREADY DESCRIBED WHAT WAS GOING ON WITH RESPECT TO THE REQUEST, WHICH IS JUST REALLY TO TAKE A ONE TO SEE ONE BECAUSE IT'S NOT IN THE FLOOD PLAN HAS ALREADY BEEN DETERMINED. REVEREND NELSON, WITH RESPECT TO YOUR QUESTION, THIS IS THE THE ZONING MAP IN 1958.

AND YOU CAN SEE THE LINE WHERE OUR PROPERTY IS.

IT'S JUST ON THE 90 FOOT CONTOUR. IT'S NOTHING MORE SCIENTIFIC THAN THEY TOOK THE 90 FOOT TOPO LINE AND JUST RAN IT STRAIGHT ACROSS.

AND IT WASN'T UNTIL THIS WAS IN 1958. AND YOU CAN SEE WHERE THIS LINE IS.

AND YOU CAN SEE SILVER SPRINGS FARM AT THAT TIME WAS IN THE FLOODPLAIN ON THAT ONE PORTION OF IT.

AND THEN IN 1968, THE FEDERAL GOVERNMENT CAME OUT WITH THE FEMA MAPS.

AND BASED ON THAT, THAT'S WHERE A LOT OF THE MAPPING WAS OCCURRING WITH RESPECT TO THE FLOODPLAINS, BUT NOT IN THIS AREA OTHER THAN, AS YOU CAN SEE ON THAT ONE NOTCH, WHERE SILVER SPRINGS, CERTAINLY THE FLOODPLAIN DOESN'T GO ACROSS AND HAVE A NOTCH AND THEN GO STRAIGHT ACROSS IN A STRAIGHT LINE. SO ULTIMATELY, OUR REQUEST IS, AS MR. HUMPHRIES HAS ASKED, WAS TO SIMPLY MAKE, AS WAS REQUESTED WHEN WE DID OUR FIRST ZONING CASE FOR RESIDENTIAL.

[00:30:01]

THE COMMENT THAT WE HEARD WAS THAT THEY WOULD LIKE TO HAVE A.

ONE DEVELOPMENT BE CONSISTENT WITH THE SURROUNDING A ONE PROPERTY.

ALL WE'RE ASKING FOR IS PROPERTY THAT'S NOT IN THE FLOODPLAIN TO BE A ONE.

TO ANSWER YOUR QUESTION SPECIFICALLY ON THE FRONT HALF, WHICH IS ABOUT 31 ACRES BASED ON THE ABILITY TO PUT IN ROADS AND HAVING TO WEAR THE PROPERTY. BASED ON OUR CURRENT INFORMATION, WE GET ABOUT 20 LOTS ON THAT FRONT PORTION AND ABOUT TEN LOTS ON THE BACK PORTION FOR ABOUT 30 LOTS MAXIMUM IS WHAT WE'RE ESTIMATING NOW, BECAUSE THE LAND DOESN'T WORK AS WELL IN THE BACK, THERE'D BE MUCH LARGER LOTS.

WE HAVE TO BE A MINIMUM OF ONE ACRE TO BE ABLE TO PROVIDE FOR THAT.

AND QUITE FRANKLY, AS WE WERE GOING THROUGH THE ORIGINAL ZONING CASE, THAT'S WHAT WE HEARD.

AND TO BE CONSISTENT WITH THE SURROUNDING A ONE.

SO WE'D ASK YOU TO FOLLOW THE PLANNING COMMISSION'S RECOMMENDATION AND THE STAFF RECOMMENDATION, AND SIMPLY TREAT THIS THE SAME AS ANY OTHER PROPERTY IN THE AREA.

IF IT'S NOT IN THE FLOODPLAIN, IT SHOULDN'T BE. SEE ONE, WE JUST WANT TO BE A ONE WHICH IS APPROPRIATE IN VERONA TO BE AGRICULTURAL.

THANK YOU. THANK YOU SO MUCH. SO SO I THINK WHEN WE MET, WHEN WE TALKED, YOU SAID THE FRONT.

THE FRONT LOOKS LIKE IT PERKS. THE BACK DOESN'T.

RIGHT. AND SO THE A ONE SIDE OF IT, LET'S SAY TAKE THE C ONE OUT OF CONSIDERATION.

HOW, HOW MANY UNITS DO YOU THINK YOU'LL GET ON THE.

IT'D BE LESS THAN 20. IT'D BE A MAXIMUM OF ABOUT 20.

BASED ON WHAT PERKS IN THAT AREA AND GETTING THE ROADS IN.

SO FOR THAT 30 SOME ACRES WE COULD GET ABOUT 20 LOTS.

MAXIMUM IS WHAT OUR ESTIMATE IS. SO IF YOU ADD IN THE C ONE, YOU GET MAXIMUM ABOUT ANOTHER TEN ACRES AT MOST.

IT'S REALLY QUITE FRANKLY PROBABLY LESS THAN THAT. BUT THAT'S A VERY CONSERVATIVE ESTIMATE OF WHAT WE COULD GET ON THAT BACKSIDE THAT WE'RE ASKING FOR TO BE A ONE, BUT THERE'S NO PLANS FOR DEVELOPMENT. THEY'RE NOT PUTTING FORTH A PLAN. THEY'RE NOT PLANNING ON DEVELOPING IT. THEY JUST WANT IT TO BE TREATED AS A ONE. AT THIS POINT, IT WOULD BE A MAXIMUM OF 30 LOTS AND PROBABLY LESS.

ALL RIGHT. THAT'S ALL THE QUESTIONS I HAVE FOR NOW. THANKS. MISS.

THERE ARE SOME WHO SIGNED UP. YES, SIR. MR. CHAIR SARAH LAPOINTE ARE YOU HERE OR ONLINE? SHE'S ONLINE, SIR. I'M GOING TO UNMUTE HER NOW.

OKAY. HEY. GOOD EVENING EVERYONE. MY NAME IS SARAH LAPOINTE.

I'M A RESIDENT OF 800 BEVERSTONE ROAD. I'M HERE TO REPRESENT MY INTERESTS AND THOSE OF MY COMMUNITY AND RESPECTFULLY ASK THAT THIS PARCEL REMAIN A C1 CONSERVATION ZONE.

THE PROPOSED DEVELOPMENT IS ADJACENT TO A SWAMP THAT DOES, IN FACT, FLOOD REGULARLY.

WHILE VIRGINIA REQUIRES DEVELOPERS TO MANAGE STORMWATER AND PREVENT EROSION, THOSE REQUIREMENTS DO NOT ELIMINATE THE RISK OF NEIGHBORING HOMEOWNERS.

THAT COULD ULTIMATELY BEAR THE COST IF THE DEVELOPMENT INCREASES RUNOFF OR ALTERS THE WATER TABLE.

THERE ARE SEVERAL SIGNIFICANT CONCERNS. FIRST, THE INCREASED RUNOFF COULD DAMAGE SEPTIC SYSTEMS. OUR COMMUNITY IN BEVERSTONE ROAD, WHICH WAS DEVELOPED IN THE LATE 50S, RELIES ON SEPTIC AND REPLACEMENT CAN COST UP TO $15,000.

EVEN IF A DEVELOPER WERE ULTIMATELY HELD, RESPONSIBLE, HOMEOWNERS COULD STILL FACE THE SIGNIFICANT TIME AND EXPENSE OF PURSUING THAT REMEDY.

WITHOUT PLANS TO PUT OUR COMMUNITY ON PUBLIC SEWAGE, THIS WILL BE INEVITABLE.

SECOND, HOMEOWNERS MAY BE FORCED TO SPEND THOUSANDS OF DOLLARS ADDRESSING INCREASED FLOODING.

I KNOW THIS FIRSTHAND. I SPENT ALL LAST SUMMER REGRADING MY PROPERTY TO PREVENT MY GARAGE FROM FLOODING, AND WE ARE STILL EXPERIENCING FLOODING EVEN DURING THIS YEAR'S DROUGHT.

FINALLY, THERE ARE IMPORTANT ENVIRONMENTAL AND HEALTH CONCERNS. THIS CONSERVATION AREA SUPPORTS BIODIVERSITY, INCLUDING BATS, POSSUMS THAT HELP NATURALLY HELP CONTROL TICKS AND MOSQUITOES.

PROTECTING THIS HABITAT REDUCES OUR RELIANCE ON PESTICIDES, WHICH IS PARTICULARLY IMPORTANT FOR OUR COMMUNITY BECAUSE WE ALSO RELY ON, WELL, WATER CLEARING THE AREA WOULD ALSO DISPLACE WILDLIFE AND COULD PUSH ANIMALS OUT TOWARDS I 9295, CREATING ADDITIONAL HAZARDS FOR DRIVERS. THE COMMUNITY HAS THE RESPONSIBILITY TO CONSIDER THE LONG TERM INTERESTS OF ITS RESIDENTS AND TO AVOID IMPOSING UNNECESSARY FINANCIAL, ENVIRONMENTAL AND SAFETY RISKS ON THE SURROUNDING COMMUNITY.

WITH THIS CURRENT AFFORDABILITY CRISIS, I WOULD LIKE THE COUNCIL TO PLEASE CONSIDER THE BURDEN THAT THIS WOULD CAUSE OUR COMMUNITY.

FOR THESE REASONS, I RESPECTFULLY BUT FIRMLY ASK THE PARCEL REMAIN A C ONE CONSERVATION ZONE.

THANK YOU VERY MUCH. THANK YOU SO MUCH, MADAM.

WE ALSO HAVE ADAM COLLETT. MR. COLLETT, ARE YOU ONLINE? MR. CLARK, YOU CAN UNMUTE. YES. CAN EVERYBODY HEAR ME? HELLO? YES. YES. OKAY, GREAT. I'D LIKE TO KEEP THE PURVIEW OF THIS ZONING HEARING TO STRICTLY THE PARCEL OF LAND THAT IS BEING CONSIDERED, NOT NECESSARILY THE SURROUNDING PROPERTIES.

I CAN'T SPEAK TO THE ZONING OF MY OWN PROPERTY HERE AT 800 BEVERSTONE ROAD, AND WHAT WAS DONE MANY,

[00:35:04]

MANY DECADES AGO TO MAKE THAT DETERMINATION. THAT BEING SAID, THIS PARCEL IS UNABLE TO BE REZONED BECAUSE IT IS STILL SUITABLE FOR C1 ZONING TO PROTECT THE COUNTY'S NATURAL RESOURCES, INCLUDING FLOODPLAINS.

THE OWNER OF THE PARCELS LAWYER HAS NOT PROVIDED ANY ARGUMENT FOR PROVING THAT THE PARCEL IS NO LONGER A FLOODPLAIN, ONLY THAT THE PARCEL IS A MULTI HUNDRED YEAR FLOODPLAIN INSTEAD OF A 100 YEAR FLOODPLAIN, AND THAT SOME OF THE ZONING LINES IN THE AREA APPEAR TO BE TOO STRAIGHT.

IF THE LAND IS TO BE DEVELOPED, AS WAS THE STATED INTENTION IN THE FIRST NOTICE OF REZONING HEARING I RECEIVED EARLIER THIS YEAR WITH THE PLANNING COMMITTEE, I'M NOT CONFIDENT THAT THE EFFECTIVENESS OF THE LAWS AND PENALTIES THE COUNTY MAY IMPOSE ON THE DEVELOPER TO GUARANTEE ANY DEVELOPMENT OF THE LAND WILL PREVENT RUN OFF WATER ONTO MY PROPERTY AND INCLUDING, BUT NOT LIMITING TO PARKING MY SEPTIC TANK AND DISPLACING WILDLIFE, THUS PROTECTING ENRICO COUNTY'S NATURAL RESOURCES, INCLUDING THOSE FLOODPLAINS.

DEVELOPMENT WOULD ALSO CAUSE FINANCIAL HARM TO ME AND MY LOVED ONES, IN THE FORM OF A GUARANTEED INCREASE IN PROPERTY TAXES, WITH ONLY A THEORETICAL POTENTIAL UPSIDE OF MAYBE BEING ABLE TO SELL MY HOUSE AT A LATER DATE, SOMETHING I HAVE NO INTENTION OF DOING. BECAUSE I WON'T, AND I WON'T BE ABLE TO REALIZE THOSE GAINS EVEN IF IT WERE THE CASE.

AS, AS A PUBLIC SERVANT, SOMEBODY WHO WORKS FOR THE STATE GOVERNMENT AND HAS MUCH EXPERIENCE IN THE WORKING WITH THE FINANCES OF GOVERNMENT, I UNDERSTAND THE TAX INCENTIVE TO HAVE THIS LAND DEVELOPED, BUT THE PROPERTIES OF ENRICO COUNTY, ESPECIALLY IN SHORT PUMP, ARE ALREADY APPRECIATING YEAR OVER YEAR, WILDLY OUTPACED, OUTPACING INFLATION, AND EFFECTIVELY PROVIDE ENRICO COUNTY GOVERNMENT A COST OF LIVING ADJUSTMENT VIA THOSE TAXES TO ENRICO ENRICO COUNTY'S BUDGET FOR YEARS TO COME.

DO NOT REZONE THIS PARCEL. THANK YOU. THANK YOU SO MUCH, SIR.

THAT'S ALL. WHO SIGNED UP? IS THERE ANYONE ELSE PRESENT WHO WOULD LIKE TO SPEAK TO THIS ITEM? IF SO, PLEASE LINE UP. AT THE PODIUM. PLEASE STATE YOUR NAME AND YOUR ADDRESS OR LOCATION, PLEASE. THANK YOU.

GOOD EVENING, MEMBERS OF THE BOARD. MY NAME IS RICKY WITT.

I LIVE IN THE MARINA DISTRICT AT 700 BEVERSTONE ROAD ADJACENT TO THIS PARCEL BEING REQUESTED TO BE REZONED.

I JUST NEED A FEW MINUTES OF YOUR TIME. I HAVE, I BELIEVE IT'S HIGH VALUE INFORMATION.

I PROMISE NOT TO KEEP US HERE ALL NIGHT, BUT IF YOU GIVE ME A MOMENT TO GET THROUGH THIS, I APPRECIATE IT. FOR THE FAMILIES I'M SPEAKING FOR, THIS BEGINS AND ENDS WITH WATER. EVERY HOME IN OUR NEIGHBORHOOD DRINKS FROM A PRIVATE WELL.

WHEN THIS GROUND IS CLEARED AND THE SWAMP IS DISTURBED, THE WATER TABLE DROPS AND THE RUNOFF HAS TO GO SOMEWHERE.

IT GOES INTO OUR WELLS AND INTO THE CHICKAHOMINY STATE SCENIC RIVER.

THAT RIVER ALREADY HAS PFAS IN IT. THIS COUNTY IS PAYING FOR WHOLE HOUSE FILTERS ON 28 EASTERN HOMES RIGHT NOW BECAUSE OF PFAS IN THIS WATERSHED, AND THE COUNTY HAS BEEN HERE BEFORE. A 1966 RINATEC THESIS ON THE HISTORY OF ENRICO ZONING TELLS HOW CONSERVATION ZONING BEGAN IN THE POSTWAR BUILDING BOOM.

SUBDIVISIONS WERE ALLOWED ON THE FLOODPLAINS AND DRAINAGE FIELDS THAT DRAINED TO THE CHICKAHOMINY.

HEAVY RAINS DROVE THOSE FAMILIES OUT OF THEIR HOMES AGAIN AND AGAIN.

THE COUNTY HAD TO BUY THE LAND BACK AT CONSIDERABLE COST, AND IN 1960 IT CREATED THE C-1 CONSERVATION DISTRICT, PUT THE LAND IN IT AND PROHIBITED PERMANENT BUILDING THERE.

THE THESIS SAYS C-1 WAS CREATED FROM SAD EXPERIENCE AND THAT THE COUNTY PAID A HEAVY PRICE FOR THE MISTAKE.

THAT IS WHY OUR MAPS LOOK THE WAY THEY DO TODAY.

THE COUNTY LEARNED THAT LESSON ONCE. PLEASE DON'T UNLEARN IT TONIGHT. AND THE STATE HAS ALREADY LOOKED AT THIS LAND.

I HAVE THE DEPARTMENT OF CONSERVATION AND RECREATIONS, NATURAL HERITAGE REVIEW OF THIS PROPERTY WITH ME TONIGHT.

IT SHOWS THREE THINGS. THE STATE'S HABITAT MODEL FOR SWAMP PINK COVERS THIS LAND.

THE SWAMP PINK IS A FEDERALLY THREATENED AND STATE ENDANGERED.

AND DCR SAYS IT SURVIVES IN ONLY FOUR COUNTIES OF VIRGINIA, HENRICO AMONG THEM.

IT NEEDS STABLE WATER LEVELS, AND DCR SAYS RUNOFF AND SEDIMENTATION INTO THIS HABITAT MUST BE AVOIDED.

SECOND, THIS LAND SITS INSIDE THE CHICKAHOMINY RIVER STREAM CONSERVATION SITE, WHICH DCR RANKS AS VERY HIGH SIGNIFICANCE.

THIRD, IT SITS IN THE ECOLOGICAL CORE OF VERY HIGH INTEGRITY, WHICH DCR RECOMMENDS AVOIDING ENTIRELY.

THAT IS THE STATE'S OWN ASSESSMENT. NOW LOOK AT YOUR OWN PLANS.

TONIGHT'S AGENDA, SAYS THE 2026 COMPREHENSIVE PLAN, RECOMMENDS ENVIRONMENTAL PROTECTION AREA FOR THIS PROPERTY.

AND SIX WEEKS AGO, ON JULY 28TH, THIS BOARD UNANIMOUSLY, UNANIMOUSLY ADOPTED HENRICO.

NEXT, ITS ENVIRONMENT ENVIRONMENT CHAPTER LISTS THE SWAMP PINK BY NAME AS THREATENED SPECIES IN THE COUNTY AND COMMITS HENRICO TO PROTECT THE HABITATS HABITATS OF ITS RARE SPECIES AND STRATEGY. FIVE FOUR SAYS IN THE COUNTY'S OWN WORDS ENCOURAGE THE REZONING OF PROPERTIES IN THE 100 YEAR FLOODPLAIN

[00:40:03]

TO THE C1 CONSERVATION DISTRICT. THAT IS THE PLAN YOU ADOPTED IN JULY.

TONIGHT'S REQUEST IS TO TAKE LAND OUT OF C1. YOU CANNOT ADOPT THAT PLAN IN JULY AND APPROVE THIS PLAN IN SEPTEMBER AND CALL BOTH THEM AND REQUEST POLICY.

YOUR ZONING CODE SAYS C1 EXISTS TO PROTECT THE COUNTY'S NATURAL RESOURCES, ESPECIALLY FLOODPLAIN AND FLOOD WAY, AND IT ALREADY ALLOWS AGRICULTURE AND FORESTRY.

THE ONLY THING THIS REZONING ADDS IS THE RIGHT TO PUT HOMES ON THIS LAND.

THIS PLANNING COMMISSION CALLED IT CONSISTENT WITH THE AREA.

THE LAND AROUND THIS PARCEL ALONG THE RIVER IS ZONED C1 TWO.

CONSERVATION IS THE AREA YOU WILL HEAR TONIGHT THAT FEMA REDREW THE MAP IN 2024, AND THIS LAND IS NO LONGER INSIDE FEMA'S LINE.

FEMA'S LINE IS AN INSURANCE LINE DRAWN BY A MODEL.

YOUR OWN CODE REGULATES A COUNTY DESIGNATED FLOODPLAIN BEYOND FEMA'S, WITH TWO FEET OF FREEBOARD AND NO FEEL.

BECAUSE THIS COUNTY KNOWS FEMA IS NOT THE WHOLE STORY AND CONSERVATION ZONING WAS NEVER DEFINED BY FEMA.

IT WAS DRAWN IN 1960, BEFORE FEMA EXISTED ON THE SWAMPS AND DRAINAGE FIELDS WHERE THE WATER ACTUALLY WENT MOVING.

MOVING A LINE ON AN INSURANCE MAP DOES NOT MOVE THE WATER.

THE STATE'S OWN REVIEW SAYS THAT THIS LAND IS STILL SWAMP PINK HABITAT HABITAT, A STREAM CONSERVATION SITE AND ECOLOGICAL CORPS.

THOSE ARE THE NATURAL RESOURCES YOUR CODE C ONE EXISTS TO PROTECT.

NOW WHO'S ASKING? BECKLEY BLUFORD INVESTMENT LLC WAS FILED WITH THE STATE CORPORATION COMMISSION FOUR DAYS BEFORE IT BOUGHT THIS LAND.

A COMPANY CREATED FOR THIS ONE DEAL, NO TRACK RECORD, AND IT HAS OFFERED THIS BOARD NO PROFFERS.

AT THE COMMUNITY MEETING, WE ASKED THE APPLICANT'S ATTORNEY ONE SIMPLE QUESTION IF OUR WELL'S RUN DRY OR OUR WATER IS POLLUTED, WHO DO WE HOLD RESPONSIBLE? HIS ANSWER WAS THAT WE COULD SUE THE FUTURE HOMEOWNERS, THE PEOPLE WHO PROFIT WALK AWAY, AND THE RISK AND THE RISK LANDS ON THE COUNTY AND ON THE FAMILIES ALREADY HERE.

THIS BOARD HAS SEEN THIS LAND BEFORE. LAST NOVEMBER, YOU DENIED 95 HOMES HERE AFTER NEIGHBORHOODS TOLD YOU WHAT IT WOULD DO TO THEIR WELLS.

THIS IS THE FIRST STEP OF A STAIRCASE OUT OF CONSERVATION NOW WITH NO STRINGS ATTACHED.

BACK LATER FOR DENSITY. PLEASE DON'T TAKE THE FIRST STEP.

MY FINAL CLOSING STATEMENT IS IF YOU ARE NOT PREPARED TO DENY THIS TONIGHT, MAY I CONTINUE? YOU GOT. WE GOT TO STOP. WE HAVE TO STOP. YES, SIR.

PLEASE DENY THIS APPLICATION. THANK YOU. THANK YOU, SIR, FOR YOUR COMMENTS. YES, SIR. NEXT.

GOOD EVENING. MY NAME'S ELMER HUTCHINS. LIVE AT 813 BEVERSTONE ROAD.

I REALLY CAN'T ADD TOO MUCH TO WHAT HE SAID, EXCEPT THAT HE WAS ASKING A QUESTION OF WHY THAT LINE WAS DRAWN STRAIGHT ACROSS WHERE IT IS. IF YOU KNOW ANYTHING ABOUT THE TOPOGRAPHY OF THE LAND THERE, EVERYTHING COMES DOWNHILL FROM AS FAR OVER AS THE AIRPORT.

AND WHEN IT GETS RIGHT TO THE WHERE BECKLEY ROAD HAS BEEN BUILT, IT JUST FLATTENS OUT.

THERE'S NOT THAT MUCH OF A ELEVATION DIFFERENCE BETWEEN BECKLEY ROAD AND THE SWAMP.

NOW. IN IN 1949 OR 59, I'M SORRY. FORMER COUNTY REPRESENTATIVES, IN A JOINT EFFORT WITH THE CONSERVATION GROUPS AND LANDOWNERS, HAD THE WISDOM AND FORESIGHT TO ADD TO CONSERVATION BUFFER ALONG THE CHICKAHOMINY WATERSHED TO STOP THE ENCROACHMENT OF DEVELOPERS AND C1 BUFFER HAD TO GO AROUND THE EXISTING. SOME EXISTING DEVELOPMENTS, LIKE SILVER SPRING FARMS, WHICH WAS ESTABLISHED IN OCTOBER 13TH, 1949, TEN YEARS PRIOR TO THE C1 ZONING ALONG THE RIVER.

IF YOU CHANGE ZONING OF THIS PROPERTY, YOU LEAVE IT WIDE OPEN FOR DEVELOPERS TO REZONE CONSERVATION LAND ALL ALONG THE CHICKAHOMINY WATERSHED.

ALL EFFORTS TO PRESERVE THE ECOLOGY AND THE ENVIRONMENT OVER WETLANDS IS FOR NOTHING.

WELL, MY WIFE AND I HAVE LIVED IN THIS HOME FOR 40 YEARS, AND IN THAT TIME, A LOT OF DEVELOPMENT HAS GONE AROUND US.

EVERY INCH OF CONCRETE, ASPHALT, AND ROOFTOP COVERS THAT MUCH MORE GROUND THAT CANNOT ABSORB RAINWATER.

THIS EFFECT, THIS AFFECTS THE AQUIFERS. THE MORE VEGETATIVE BUFFER AND FILTERS AND THAT REMOVE POLLUTANTS, THE CLEANER OUR STREAMS AND RIVERS WILL STAY.

THAT'S THE REASON A THE LINE WAS DRAWN ALONG BECKLEY AS A CONSERVATION EASEMENT TO PROTECT THE DELICATE CHICKAHOMINY WATERSHED AREA AND FROM ENCROACHMENT OF EXCESSIVE DEVELOPMENT. NOW, LET ME READ A LITTLE BIT RIGHT OFF THE HENRICO COUNTY WEBSITE.

IT'S ONLY RESOURCE PROTECTION AREAS. IT SAYS RPAS ARE THE CORRIDORS OF ENVIRONMENTALLY SENSITIVE LANDS THAT LIE ALONGSIDE OR NEAR THE SHORELINES AND STREAMS, RIVERS AND OTHER WATER LINES.

WATERWAYS. INTERNATIONAL CONDITION. THE RPAS PROTECT WATER QUALITY FILTER POLLUTANTS, REDUCE THE AMOUNT OF RUNOFF,

[00:45:09]

STORMWATER RUNOFF, PREVENT EROSION AND PERFORM MANY OTHER IMPORTANT BIOLOGICAL AND ECOLOGICAL FUNCTIONS.

HENRICO COUNTY DRAINS INTO TWO MAJOR WATERSHEDS THE CHICKAHOMINY AND THE JAMES RIVER WATERSHED.

EVERY UNABSORBED RAIN DROP THAT HITS THE GROUND IN HENRICO COUNTY WILL RUN OFF THE LAND AND END UP IN EITHER THE CHICKAHOMINY OR THE JAMES RIVER AND EVENTUALLY THE CHESAPEAKE BAY. HOWEVER, THE RAIN DROPS DO NOT ARRIVE ALONE.

THEY BRING ALONG POLLUTANTS, SEDIMENTS, AND TOXINS AND DEPOSIT THEM INTO THE RIVER.

PROTECTING RPA'S WILL HELP TO FILTER AND REMOVE POLLUTANTS AND SEDIMENTS FROM THE RAIN DROPS AND KEEP HENRICO RIVERS IN CLEAN.

LIKE I SAID, THAT'S. THAT'S RIGHT OFF THE HENRICO COUNTY WEBSITE.

SO. BUT THIS PROPERTY IS PART PARTLY IN THE 100 YEAR FLOODPLAIN, BUT A FLOODWAY THAT DRAINS FROM AS FAR AWAY AS THE AIRPORT RUNS RIGHT THROUGH IT.

NOW, THAT'S THAT'S A AN OCCASIONAL THING, JUST LIKE, YOU KNOW YOU KNOW, DOESN'T SHOW ON THERE, BUT THE CREEK RUNS RIGHT THROUGH THE PROPERTY.

ALL RIGHT. I HAVE STATED BEFORE IN OTHER MEETINGS, I WILL SAY IT AGAIN.

I HAVE SEEN THIS PROPERTY FLOODING DURING THE STORM.

GASTON WATER WAS RUSHING OVER BUCKLEY ROAD LIKE A SPILLWAY.

AND FOR THAT REASON, I THINK IT WOULD BE IRRESPONSIBLE TO BUILD. IN THIS SECTION, WE HAVE OVER 200 SIGNATURES ON A PETITION AGAINST REZONING OF THIS PROPERTY, AND THE CHANGE WAS DENIED BY THE BOARD OF SUPERVISORS JUST A FEW MONTHS AGO.

NOW, THE SAME PROPERTY, SAME OWNERS CHANGE LLC AND COME BACK TO REZONE AGAIN WITH NO PLANS, NO REASONS TO CHANGE IT. AS YOU KNOW, THE MAIN REASON BETWEEN THE MAIN DIFFERENCE BETWEEN A1 AND C1 IS THE BUILDING OF HOMES.

SO YOU KNOW AS WELL AS WE DO THAT, THAT'S WHAT THEY WANT TO DO IS BUILD HOUSES.

THE CURRENT CONCERN OF WELLS HAS BEEN RAISED.

I'VE NOTICED OVER THE YEARS MY AVERAGE WELL LEVEL HAS DROPPED SEVERAL FEET.

THIS COULD BE DUE TO THE CONSTRUCTION AND EXCESS USE IN THE AREA.

WE ALSO HAD A DROUGHT A FEW YEARS AGO THAT SOME OF THE WELLS IN OUR COMMUNITY DID GO DRY, AND QUITE A FEW PEOPLE HAD TO PUT IN DEEP WELLS.

I DON'T KNOW IF THAT REALLY HELPS OR NOT. HAS STUDY BEEN BEEN MADE TO SEE HOW MANY MORE WELLS CAN BE SUPPORTED BY THE AQUIFERS IN OUR AREA, OR DO THEY JUST KEEP BUILDING UNTIL THEY RUN OUT OF WATER? IT'S HAPPENED IN OTHER AREAS. THIS IS JUST A FEW REASONS WE FEEL THE ZONING CHANGE SHOULD NOT BE OR SHOULD BE DENIED.

THANK YOU SO MUCH, SIR. WE DO APPRECIATE THAT. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK TO THIS ITEM? IS THERE ANYONE ONLINE? I'D LIKE TO SPEAK TO THIS ITEM.

THERE'S NO ONE TO SPEAK TO THIS ITEM. COLLEAGUES, ANY COMMENTS OR QUESTIONS? ANDY, I DON'T KNOW IF YOU WANT TO TRY TO ANSWER ANY OF THOSE QUESTIONS.

AND I THINK I JUST WOULD LIKE TO CLARIFY, IF I MAY, REVEREND NELSON, I'D LIKE TO CLARIFY THIS PROPERTY.

WE'RE IN THE FLOODPLAIN OR THE FLOODWAY. IT WOULD BE APPROPRIATE TO SAY C ONE.

HOWEVER, YOUR OWN COUNTY DEPARTMENT OF PUBLIC WORKS HAS CONFIRMED THROUGH THE COUNTY STANDARDS THAT THIS SPECIFIC PROPERTY IS NOT IN THE FLOODPLAIN.

AND WE PROVED THAT THEY WERE ASKED FOR THE INFORMATION. WE PROVED THAT IT WAS CONFIRMED. SO THIS WILL NOT JUSTIFY ZONING ALL THE C ONE PROPERTY ALONG THE CHESAPEAKE BAY.

THE QUESTION IS, IS THIS APPROPRIATE TO BE A ONE.

AND IT'S NOT IN THE FLOODPLAIN. IT'S NOT IN THE FLOODWAY AS CONFIRMED BY DPW.

AND THAT'S THAT'S SPECIFIC. THERE'S BEEN A NUMBER OF ENVIRONMENTAL COMMENTS ABOUT WHAT THIS WOULD HAVE AN IMPACT.

AS YOU KNOW, AS YOU GO THROUGH THE SUBDIVISION PROCESS, WE NOT ONLY HAVE TO PROVE WITH THE DEPARTMENT OF HEALTH WITH RESPECT TO WELLS, BUT ALSO SEPTIC TANKS, AND ALSO THROUGH THE DEPARTMENT OF PUBLIC WORKS WITH RESPECT TO ANY STORMWATER RUNOFF.

AS A MATTER OF FACT, THIS PROPERTY OWNER, ON HIS OWN VOLITION, HAS ALREADY APPLIED FOR AND IS AWAITING CONFIRMATION FOR A STREAM RESTORATION NUTRIENT BANK. THE VERY FIRST. REGARDLESS OF THE ZONING, IT'S ON THE EXISTING A1 PROPERTY.

BE THE VERY FIRST PRIVATELY FUNDED IN COMMONWEALTH OF VIRGINIA.

HE IS PROMOTING ACTUALLY A BETTER ENVIRONMENTAL SITUATION ON ANY DEVELOPMENT AND WILL CONTINUE TO DO SO.

SO WITH THAT, I THINK IT'S APPROPRIATE TO HAVE THIS PROPERTY TREATED JUST LIKE EVERY OTHER PROPERTY IN THE AREA THAT IS NOT IN THE FLOODPLAIN OR IN THE FLOODWAY.

AND TO BE ZONED A1 CONSISTENT WITH, AS WE WERE TOLD, THE ZONING TO BE DEVELOPMENT CONSISTENT WITH THE SURROUNDING AREA.

WITH THAT, I WOULD ASK THAT YOU APPROVE THIS CASE.

TERRELL, CAN YOU COME ON UP? I GOT A QUESTION TO ASK YOU.

THE ACCESS TO THE PROPERTY. IS IT WASHINGTON STREET EXCLUSIVELY?

[00:50:11]

ANDY. THAT'S THAT'S THE, THAT'S THE MAIN ACCESS.

YOU CAN SEE THIS PROPERTY WAS PLANNED FOR DEVELOPMENT WITH BOTH ON THE.

I THINK I'M ON THE EAST AND WEST. THERE'S A NUMBER OF STUB ROADS TO DO THAT, WE'D HAVE TO HAVE SUBSTANTIAL IMPROVEMENTS.

SORRY, I'D HAVE TO HAVE SUBSTANTIAL IMPROVEMENTS ON THERE.

SO YES, THE ANSWER IS AS LONG AS IT'S UNDER 50 LOTS, WE CAN HAVE SINGLE ACCESS OFF OF WASHINGTON STREET.

THAT'S THE EXPECTATION. ALL RIGHT. THANK YOU.

HOLD ON, HOLD ON, HOLD ON, HOLD ON. SORRY. JUST MAKING SURE I DON'T HAVE TO CALL YOU BACK UP. ALL RIGHT. THANK YOU. TO THE CONTINUED STATEMENTS ABOUT THE FLOODPLAIN. CAN YOU CAN YOU TALK TO THAT? ANDY JUST MENTIONED YOU AS IT RELATES TO DPW.

YEAH, THAT'S SOMETHING THAT TYPICALLY AT PLANNING AND DEVELOPMENT, THAT'S SOMETHING THAT PUBLIC WORKS WEIGHS IN ON.

WE ENFORCE THE FLOODPLAIN ORDINANCE THAT THE COUNTY HAD ADOPTED, WHICH INCLUDES ADOPTING THE CURRENT FEMA MAPS.

SO THIS AREA FALLS UNDER FEMA. SO THEY IS ONE OF THE GENTLEMEN MENTIONED IN THE PUBLIC COMMENT PERIOD.

WE RECEIVED NEW MAPS FROM FEMA A COUPLE OF YEARS AGO WHICH WERE ADOPTED.

IT INCLUDED UPDATED FLOOD MODELING DATA BASED ON THE CURRENT TOPO.

SO A LOT OF WHAT'S SHOWN IS NOT CURRENTLY IN THE FLOODPLAIN THAT WAS DESIGNATED BY FEMA.

SO I'LL POINT THAT OUT THAT THAT WAS A FEDERAL ACTION, WHICH BECAUSE WE'RE IN THE NATIONAL FLOOD INSURANCE PROGRAM, WE WERE REQUIRED TO HAVE CERTAIN ORDINANCES IN PLACE AND ADOPT THOSE MAPS.

SO SO THAT IS WHAT ESSENTIALLY GOVERNS OUR FLOODPLAIN ORDINANCE, RIGHT? SO IF WE'RE REZONED AND IT BECOMES A1, THEN IT COMES BACK TO YOU FOR PLANNING DEVELOPMENT.

AND THEN YOU FOLLOW THE FEMA RULES ABOUT WHAT, WHAT CAN BE DEVELOPED ON AND WHAT CAN'T BASED UPON THIS PIECE.

YEAH. YOU'RE SAYING RIGHT NOW WHAT YOU'VE SEEN, YOU'RE SAYING A LOT OF IT IS NOT ON BASED ON THE CURRENT FLOOD MAPS.

YEAH, IT'S NOT IN THE. SO WHEN YOU SAY A LOT, YOU MEAN WHAT, 75%? NO, I THINK LARGELY I THINK WHAT'S OUTLINED IN THAT BLACK AREA, THAT THAT AREA IS OUTSIDE OF THE FLOODPLAIN THAT THAT'S BEING PROPOSED TO BE REZONED.

RIGHT. OKAY. SO IT'S STRICTLY FOLLOWS THE FLOODPLAIN LINE, WHICH IS BASED ON THE TOPOGRAPHY.

SO THERE'S A FLOOD ELEVATION THAT'S SET FOR A 100 YEAR STORM.

AND THEN ESSENTIALLY WHAT THE FEMA FLOOD MAPS IS SAYING IS THOSE AREAS ARE AT ELEVATIONS ABOVE THAT 100 YEAR FLOOD ELEVATION.

ALL RIGHT. PFAS IN THE WELL WATER.

NO, YOU'RE NOT DOING THAT. IT'S BENTLEY. BENTLEY.

CAN YOU COME UP REAL QUICK? AND. I'M SORRY GUYS, I JUST WANT TO MAKE SURE I ASK ALL THE QUESTIONS BEFORE WE GO TO VOTE.

HAVE YOU FOUND BENTLEY ANYWHERE CLOSE TO THIS PARTICULAR AREA, IF YOU CAN REMEMBER.

AND WALES? OR HAVE YOU EVEN TESTED WALES IN THIS PARTICULAR COMMUNITY THAT YOU.

SO I DON'T HAVE THE INFORMATION IN FRONT OF ME, BUT I DO BELIEVE THAT THERE ARE WELLS THAT HAVE TESTED FOR PFAS, BUT WE HAVE SUBSEQUENTLY INSTALLED FILTER SYSTEMS IN THEM.

AND JUST FOR FOR EVERYONE, THAT PROGRAM IS STILL IN EFFECT.

IT'S STILL FREE OF BOTH SIDES OF IT, THE TESTING AND THE FILTER SYSTEMS. OKAY. ALL RIGHT. THANK YOU. THANK YOU. HEY, STEVE.

MR. YOB, CAN YOU COME DOWN REAL QUICK AND TALK ABOUT SWAMP PINK? SO THE LAST I HEARD THE WE HAD A, WE HAD SOME SWAMP PINK, IF I CAN REMEMBER, MR. MANSION WAS AT THE WHITE OAK TECH PARK AND IF I CAN REMEMBER, I THOUGHT IF AN AREA WAS DESIGNATED TO HAVE SWAMP PINK, YOU COULDN'T EVEN DEVELOP ON IT. I DON'T. DOES THAT SOUND RIGHT? YEAH. WE REVEREND NELSON, WE HAVE INDEED FOUND.

IN FACT, I'VE SEEN THEM. THERE'S A POPULATION OF THEM OVER NEAR ELKO, NEAR SOUTH OF PORTUGUESE.

THAT PARTICULAR POPULATION PRIMARILY GROWS WHERE THERE ARE SEEPS AND SPRINGS THAT PROVIDE CONSTANT WATER SUPPLY.

SO IT'S ALWAYS A THE RIGHT AMOUNT OF WATER, BUT IT'S NOT IN INUNDATED.

AND GENERALLY THEY'RE ALONG THAT RAILROAD CUT OR VERY NEAR THAT RAILROAD CUT ON THE ON THE ONE END OF THE PROPERTY.

[00:55:05]

I'M NOT AWARE OF ANY OTHER ONES THAT WE HAVE FOUND IN THE COUNTY, INCLUDING THIS PROPERTY.

NOW, IF THEY WERE TO GET ANY FORM OF A PERMIT THAT WOULD REQUIRE US ARMY CORPS OF ENGINEERS OR DEQ, THAT WOULD BE SOMETHING THEY WOULD HAVE TO INVESTIGATE.

OKAY. SO WOULD. WOULD THAT TYPE OF WITH THAT TYPE OF PERMITTING, BE INVOLVED IN THIS TYPE OF PLAN OF DEVELOPMENT THAT YOU KNOW OF IT SHOULDN'T THEY SHOULDN'T BE IN THOSE AREAS WORKING AT ALL ANYWAY, BECAUSE THOSE ARE GOING TO BE THE WET AREAS OF THE PROPERTY WHERE AGAIN, YOU'RE GOING TO HAVE TO HAVE OUTSIDE OF THE BLACK AREAS.

CORRECT? THAT'S CORRECT SIR. AND YOU WOULDN'T WANT TO PUT A HOUSE WHERE A SWAMP PINK WOULD GROW BECAUSE YOU'D ALWAYS HAVE FOUNDATION MOISTURE.

BUT MY POINT IS, HOW DO WE KNOW? YOU KNOW WHAT I'M SAYING? LIKE, I GUESS MY POINT IS, HOW DO WE KNOW THAT? MAYBE THIS IS FOR BEN. I DON'T KNOW. YEAH. LET ME LET ME TALK TO BEN FOR A SECOND.

I'M SORRY. THANKS, STEVE, I APPRECIATE THAT. YES, SIR.

SO HOW CONFIDENT ARE WE BEFORE? I DON'T WANT TO HAVE TO DEFER THIS, BUT I MIGHT HAVE TO IF I'M NOT SURE.

SO HOW DO I KNOW THAT? SO YOU'VE GOT MR. RICKY RESPECTFULLY SAYING THAT YOU GOT SWAMP PINK ON THE PROPERTY NOW.

I'M NOT SURE. SO HOW DO HOW DO WE KNOW? HOW WOULD WE KNOW? AS MR. YOB STATED, ONE OF THE CLEAR WAYS TOWARDS THAT DETERMINATION IS IF ANY FEDERAL OR STATE PERMITS ARE REQUIRED.

SO IF THERE ARE IMPACTS TO WETLANDS OR STREAM IMPACTS, THE APPLICANT STATED EARLIER HOW THEY WERE WORKING THROUGH A NUTRIENT CREDIT BANK FOR THE STREAM THAT GOES THROUGH THE SITE. SO MY STRONG BELIEF WOULD BE THAT THERE WOULD BE SOME, SOME AT LEAST STATE PERMITTING INVOLVED WITH THAT PROCESS.

MR. HOBBS INDICATING THAT'S CORRECT AS WELL. YES SIR.

IF THEY DID DO ANY FORM OF A STREAM RESTORATION BANK, THAT WOULD CERTAINLY INVOLVE THOSE ENVIRONMENTAL PERMITS, AND THEY WOULD CERTAINLY HAVE TO INVESTIGATE FOR THREATENED AND ENDANGERED SPECIES.

STEVE DIDN'T HASN'T DEQ ACTIVELY IDENTIFIED WHERE THE SWAMP PINK IS, THE DEQ AND THE GOSH, THE DEPARTMENT OF HISTORIC NATURAL HERITAGE IS ALSO IDENTIFIED THEM.

YES. THEY'RE THEY HAVE MAPS OF KNOWN POPULATION.

YES, SIR. ALL RIGHT. SO. ALL RIGHT. ANDY. I DON'T WANT TO DO THIS BECAUSE I WANT TO MOVE FORWARD WITH THIS CASE, WHETHER I'M AGREEING WITH IT OR NOT, BUT I'M GOING TO HAVE TO DEFER.

NOW, LET ME LET ME SAY THIS BECAUSE I WANT TO KNOW FOR SURE.

LET ME SAY THIS RESPECTFULLY TO THE COMMUNITY, TO THOSE OF YOU WHO HAVE BEEN OUT TO TALK TO THOSE OF YOU WHO ARE ONLINE RESPECTFULLY, WHEN WE HEARD THIS CASE LAST YEAR, EARLY THIS YEAR, WE WERE NOT TALKING ABOUT WHALE WATERS AS THE PRIMARY REASON WE WERE TALKING ABOUT DENSITY. WE WE DID NOT WANT TO ADD THAT LEVEL OF DENSITY IN THE COMMUNITY.

200 NEW NEIGHBORS WE DIDN'T WANT OH, I HEARD ALL OF THAT.

AND I VOTED AGAINST IT. BUT WE KNEW THAT A PART OF THIS PROPERTY WAS A1.

AND THE MAJORITY OF THE HOUSES WILL BE BUILT ON THE A1 SIDE.

SO IN ESSENCE, WE'RE REALLY JUST TALKING ABOUT 10 OR 15 MORE HOUSES.

BUT TO BE SURE. I'M GOING TO DEFER THIS JUST SO I CAN GET 100% ASSURANCE WITH THESE ANSWERS. WHAT IS THE IMPACT? SO WE ALREADY KNOW MR. YOB ALREADY TOLD ME THAT THE CLOSEST PUBLIC SEWER WATER IS LIKE A HALF A MILE AWAY.

SO YOU WON'T. I MEAN, IT'LL BE A WHILE BEFORE I THINK PUBLIC SEWER WATER MAKES IT TO YOU.

SO WHAT'S THE IMPACT ON YOUR WELLS? I CLEARLY WE CAN REZONE IT.

I'M NOT HEARING ANYTHING TO SAY THAT WE CANNOT LEGALLY REZONE THIS PROPERTY, EVEN THOUGH I'VE HEARD TWICE THAT WE CAN'T.

YES, SIR. THAT'S CORRECT. OKAY. SO SO THE IMPACT SO BENTLEY, IF YOU DON'T MIND, CAN YOU JUST CHECK AND SEE THE PERFORATION, PROLIFERATION OF, AND IN THIS PARTICULAR COMMUNITY AND RIGHT AROUND

[01:00:03]

BEFORE WE MEET AGAIN NEXT WEEK, I MEAN, NEXT MONTH, IF I CAN GET SOMEBODY TO REALLY DIG INTO THIS WHOLE SWAMP PINK THING, I. MR.. I THINK I REMEMBER BECAUSE WE REALLY WENT INTO IT WAS A WHOLE, IT WAS A WHOLE BLOCK THAT WE COULD NOT USE AT THE TECH PART. AND THIS MIGHT HAVE BEEN IN THE LAST DECADE THAT SWAMP PINK WAS FOUND.

AND IT WAS LIKE. BUT IT WAS A BIG THING. AND I JUST HAVE A PROBLEM THAT NOT A PROBLEM.

I WOULD JUST BE AMAZED TO, TO BELIEVE AND KNOW THAT THERE IS SWAMP PINK HERE AT THE LEVEL OF ATTENTION THAT THE FEDERAL GOVERNMENT PAID TO SWAMP PINK, AND THAT WE MISSED IT. YOU SEE WHAT I'M SAYING? BUT IF WE CAN JUST DOUBLE CHECK ON THAT. SO AND I DON'T WANT TO.

I WANT TO BE REAL. RIGHT? I DENIED THE CASE BECAUSE OF DENSITY LAST TIME, NOT BECAUSE OF WATER ISSUES.

NOW IT SOUNDS LIKE. AND I'M JUST GOING TO BE HONEST, IT SOUNDS LIKE THE THOSE WHO HAVE SPOKEN AND SPOKEN TONIGHT REPRESENTING THE COMMUNITY ARE

[7c. 155-26 REZ-2026-100676 Fairfield Imago Dei School: Request to conditionally rezone from M-2 General Industrial District to R-4C One-Family Residence District (Conditional) on part of Parcel 799-733-1982 containing 8.86 acres located at the southeast intersection of Dill Road and Vawter Avenue. The applicant proposes a private school. The use will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Suburban Residential 2 (density should not exceed 3.4 units per acre) and Environmental Protection Area. The Planning Commission voted to recommend the Board of Supervisors grant the request. (Deferred from the August 11, 2026, meeting.) ]

REALLY SAYING WE DON'T WANT NEW NEIGHBORS, NOT WE DON'T WANT FEWER NEIGHBORS.

AND WHAT I HEARD LAST TIME WAS, I DON'T CARE IF THEY DO, IF THEY DEVELOP THE AYE ONE, WE JUST DON'T WANT R FIVE.

NOW YOU GUYS ARE SAYING I DON'T EVEN WANT THEM TO DO A ONE.

SO BUT LET ME GET THE ANSWERS BECAUSE I DON'T WANT TO NEGATIVELY IMPACT YOU.

IF THERE IS SWAMP PINK THERE, THEN WE'LL RESPECT IT.

IF IF WHATEVER THESE OTHER ISSUES ARE, WE'LL LOOK DEEPLY INTO THEM SO THAT I CAN HAVE ALL THE INFORMATION BEFORE I VOTE.

SO THOSE ARE MY QUESTIONS, I DON'T KNOW. MR..

MR. CHAIR, IF ANYBODY ELSE HAS ANY QUESTIONS OR COMMENTS.

SURE. THANK YOU SO MUCH, REVEREND NELSON. MR. ROGERS, I'M SORRY, I JUST HAVE ONE ONE QUESTION, AND I WAS LOOKING AT THE MAP. I DO SEE THAT WATER IS ABOUT A LITTLE LESS THAN A HALF MILE AWAY.

PUBLIC WATER. BUT I'D ALSO SEE A SEWAGE PUMP STATION AND I SEE SEWAGE ON BECKLEY ROAD.

AND SO I GUESS I'M ASKING PROBABLY MR. CHAN FOR JUST ONE QUICK CLARIFICATION.

IS IS THERE A REASON WHY SEWAGE IS NOT OFFERED THERE? IS IT PLANNED IN THE FUTURE? CLEARLY WE HAVE A PIPE THERE.

THE. I BELIEVE THE PUMP STATION IS NOT ADEQUATELY SIZED TO SERVE THE ENTIRETY OF THE AREA, AND THE ELEVATIONS DON'T ALLOW. SO WE WOULD NEED PUMP FLOW INTO THE STATION TO TO GET IT OUT.

BUT CERTAINLY WE'LL DIG INTO THAT AND GET SOME INFORMATION FOR BOTH YOU AND REVEREND NELSON.

I'M SURE YOU DIDN'T THINK THAT YOU WOULD HAVE BEEN CALLED UP THIS MANY TIMES. NO, SIR.

I APOLOGIZE. BUT GET YOUR YOU GOT YOUR STEPS.

THANK YOU, SIR. THANK YOU, MR. CHAIRMAN. MR. ROGERS, MR. NELSON, YOU KNOW THE QUESTIONS FROM YOUR COLLEAGUES. I MOVE AND THANK THANK EVERYONE FOR YOUR YOUR ANSWERING QUESTIONS, COMMUNITY MEMBERS FOR COMING OUT. SO MR. NEWTON, I WANT TO DO WHAT I DID BEFORE PREVIOUSLY BECAUSE I DON'T WANT TO DO THIS WHOLE PUBLIC HEARING ALL OVER AGAIN.

SO HOW DO I DO THIS? I WANT TO, I WANT TO DEFER IT FOR A DECISION ONLY.

SO I JUST SAY THAT, YES, SIR. THE MOTION WOULD BE I MOVE WE DEFER CASE SUCH AND SUCH TO OCTOBER 13TH FOR DECISION ONLY AT THE REQUEST OF YOURSELF.

AND THAT MEANS WHAT? FOR THE SAKE OF THE COMMUNITY? YES, SIR. IT MEANS THE PUBLIC HEARING IS NOW CLOSED.

AND THAT WHEN WE CAME BACK ON OCTOBER 13TH, THE BOARD WOULD NOT AGAIN HEAR PUBLIC COMMENT.

BUT OF COURSE, MEMBERS OF THE PUBLIC COULD SEND IN EMAILS OR OTHERWISE CONTACT YOU WITH COMMENTS BEFORE. YES, SIR. OKAY. ALL RIGHT. MR. CHAIR, I MOVE THAT REZ 2026 100545 BECKLEY BLUFORD INVESTMENT LLC BE DEFERRED TO THE OCTOBER 13TH, 2026 MEETING AT THE REQUEST OF THE APPLICANT.

I MEAN, AT THE REQUEST OF THE BOARD FOR DECISION ONLY.

MR. NEWBY, DOES THAT SATISFY HIM? YES, SIR. THANK YOU SIR.

SECOND, IT'S BEEN MOVED BY REVEREND NELSON, SECONDED BY MR. SMITH. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? THE EYES HAVE. IT IS DEFERRED. THANK YOU. THANK YOU, MR. CHAIR. MEMBERS OF THE BOARD, YOU MOVE ON TO AGENDA ITEM 155-26 IN THE FAIRFIELD DISTRICT IMAGO DAY SCHOOL, WITH A CONDITIONAL REZONING REQUEST FROM M2 GENERAL INDUSTRIAL DISTRICT TO R4.

C ONE FAMILY RESIDENCE DISTRICT ON PART OF A PARCEL THAT CONTAINS NEARLY 8.9 ACRES.

PARCEL LOCATED NEAR THE INTERSECTION OF LET'S SEE DILL ROAD.

SORRY. AND VAWTER AVENUE. THE APPLICANT IS PROPOSING A PRIVATE SCHOOL.

[01:05:04]

AND BEFORE YOU, WE HAVE MISS MOLLY MALLOW. MOLLY.

THANK YOU, MISTER MANAGER AND MEMBERS OF THE BOARD.

THIS IS A REQUEST TO REZONE PART OF A PARCEL CONTAINING THE LIVE CHURCH RV.

A NORTH CAMPUS TO ALLOW PRIVATE SCHOOL SURROUNDING USES INCLUDE THE DILLON PLACE AND BRENTWOOD SUBDIVISIONS.

THE FIRST UNION BAPTIST CHURCH AND THE CITY OF RICHMOND.

THE PROPOSED IMAGO DAY SCHOOL WOULD TEMPORARILY OPERATE OUT OF MODULAR CLASSROOMS PENDING A FUTURE EXPANSION.

THE CHURCH CURRENTLY OPERATES OUT OF ANOTHER CHURCH IN THE CITY OF RICHMOND.

HOWEVER, THEY PLAN TO MOVE AND EXPAND THEIR OPERATIONS AT THE SUBJECT SITE AT FINAL BUILD OUT.

INCLUDED IN TONIGHT'S HANDOUTS ARE REVISED. PROFFERS DATED SEPTEMBER 4TH.

CHANGES WITHIN THESE INCLUDE PROFFERING TWO POTENTIAL LAYOUTS OPTION ONE SHOWN HERE, OR OPTION TWO SHOWN HERE, AND ASSURANCES FOR NATIVE LANDSCAPING. A SAFETY FENCE AROUND THE EXISTING BMP AND REZONING OF AREAS WITHIN THE 100 YEAR FLOODPLAIN TO SEE ONE AT THE TIME OF.

THE 2026 COMPREHENSIVE PLAN RECOMMENDS SUBURBAN RESIDENTIAL TWO AND ENVIRONMENTAL PROTECTION AREA.

ALTHOUGH THIS REQUEST IS NOT CONSISTENT WITH THESE DESIGNATIONS, IT WOULD BE CONSISTENT WITH THE EXISTING SEMIPUBLIC USES ON THE PROPERTY AND COMPATIBLE WITH THE ADJACENT NEIGHBORHOOD. FOR THESE REASONS, STAFF SUPPORTS THIS REQUEST, AND AT THEIR JUNE MEETING, THE PLANNING COMMISSION RECOMMENDED APPROVAL. THIS CONCLUDES MY PRESENTATION.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU SO MUCH, MOLLY.

APPRECIATE THAT. I SEE THAT THE APPLICANT IS HERE.

YOU WANT TO SHARE SOME WORDS. YES. THANK YOU, MR. CHAIRMAN. MY NAME IS ANN NEAL COSBY. I AM WITH MCGUIRE WOODS, AND WE SERVE AS LAND USE COUNSEL FOR THE APPLICANT.

WE HAD THE PUBLIC HEARING AT YOUR LAST MEETING.

THERE WERE SOME QUESTIONS RELATED TO THE MODULAR UNIT SOME OF THE ENVIRONMENTAL FEATURES OF THE SITE AND SOME CONSERVATION QUESTIONS.

AND SO THE MATTER WAS DEFERRED. THANK YOU FOR YOUR TIME, MR. CHAIRMAN. MEETING WITH US AND WITH STAFF. WE HAVE SUBMITTED REVISED PROFFERS ADDRESSING EACH OF THOSE ISSUES.

AND SO WE, WE HOPE THAT WE'VE ADDRESSED THOSE COMMENTS.

WE'RE HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS. WE'VE GOT OUR TEAM HERE.

BUT WE WOULD ASK THAT THE MATTER BE APPROVED.

[7d. 180-26 PUP-2026-100750 Varina Whitehead & Chiocca Properties, LLC: Request for a Provisional Use Permit under Sections 24-2306 and 24-4315.D of Chapter 24 of the County Code to allow an indoor event venue on part of Parcel 818-725-7584 located on the south line of Nine Mile Road approximately 400’ east of its intersection with Newbridge Road. The existing zoning is B-1 Business District. The 2026 Comprehensive Plan recommends Commercial Concentration. The site is located in the Enterprise Zone and Airport Safety Overlay District. The Planning Commission voted to recommend the Board of Supervisors grant the request. (Deferred from the August 11, 2026, meeting.) ]

AND THANK YOU. THANK YOU SO MUCH. AND THIS IS A PUBLIC HEARING, FIRST OF ALL, COLLEAGUES, ANY QUESTIONS? I JUST HAVE ONE QUESTION. THIS IS A ARE FOR I'M NOT SURE IF STAFF OR THE APPLICANT.

I KNOW THE SCHOOL DOESN'T OR I DON'T BELIEVE IT'S ASKING FOR RESIDENTIAL OR BOARDING.

WOULD THAT BE ALLOWED IN THIS ZONING? YES. SO THEY'RE REQUESTING THE R-4 TO BE CONSISTENT WITH THE REMAINDER OF THE PARCEL.

SCHOOLS WOULD BE ALLOWED IN R-4. THEY ARE NOT ALLOWED IN M-2.

BUT WOULD THE WOULD THE SCHOOL BE ALLOWED TO BE A BOARDING SCHOOL? NOT TO MY KNOWLEDGE. I KNOW THEY PROFFERED OUT.

THEY WOULD HAVE TO COME BACK FOR A PROVISIONAL USE PERMIT FOR THAT. YES, I BELIEVE CONDITION ONE REMOVE SINGLE FAMILY HOMES.

GROUP HOMES AS ALLOWED USES. THANK YOU, MR. CHAIR.

ALL RIGHT. THANK YOU SO MUCH. THIS IS A PUBLIC HEARING. IS THERE ANYONE PRESENT TO SPEAK TO THIS ITEM? IS THERE ANYBODY ONLINE TO SPEAK TO THIS ITEM? THERE'S NO ONE TO SPEAK TO THIS ITEM. THANK YOU SO MUCH.

AND AGAIN, THANK YOU FOR MEETING WITH ME. SARAH KENNEDY IS HERE, THE EXECUTIVE DIRECTOR AND FOUNDER, MOLLY, YOU WANT TO SPEAK REAL QUICKLY ABOUT THE TWO OPTIONS WE DISCUSSED.

AND I WAS MORE AMENABLE TO OPTION TWO THAN OPTION ONE.

YES. SO DURING OUR DISCUSSION WITH THE APPLICANT LAST WEEK, THEY INDICATED THAT OPTION TWO, WHICH WOULD PLACE THE PROPOSED MODULAR CLASSROOM DIRECTLY BEHIND THE EXISTING CHURCH, IS THEIR PREFERRED OPTION.

THIS WOULD REQUIRE THAT THEY RELOCATE THE EXISTING PLAYGROUND THAT IS LOCATED THERE.

BUT THEY'VE INDICATED THAT THIS IS THEIR PREFERRED OPTION AND WOULD MOVE IT SLIGHTLY AWAY FROM THE HOUSES ON DILLON PLACE.

CAN YOU SPEAK TO THE THE WETLANDS ON THE PROPERTY AS WELL AS THE ENVIRONMENTALLY SENSITIVE AREA AND US DESIRING TO MAKE SURE NATIVE PLANTS WERE STILL USED, AS WELL AS PROTECTING AS MUCH AS WE CAN ON THE PROPERTY, OF COURSE.

SO THERE IS AN EXISTING BMP ON THE PROPERTY AND THE APPLICANT HAS PROFFERED SOME FENCING AROUND THERE IN ADDITION TO WHAT IS CURRENTLY THERE.

THEY ALSO HAVE PROFFERED THAT THE AREA SHOWN HERE IS FLOODPLAIN AND WHAT IS SHOWN ON OUR FUTURE LAND USE MAP AS C AS E, P A WOULD BE REZONED TO C1 AT THE TIME OF PLAN DEVELOPMENT.

THEY ALSO, IN THEIR PROFFERS HANDED OUT TO YOU THIS EVENING, ARE INCLUDING SOME NATIVE PLANTINGS AND SOME OTHER SUSTAINABLE PRACTICES THAT THEY WOULD IMPLEMENT. THANK YOU SO MUCH. OKAY. THANK YOU SO MUCH.

[01:10:04]

ANY QUESTIONS? ALL RIGHT. THANK YOU SO MUCH.

I MOVE THAT RZ2026-100676. AND MANGO DE FOLLOW THE RECOMMENDATION OF THE PLANNING COMMISSION. I DON'T THINK WE DID A PUBLIC HEARING.

I DID. OH YOU DID OKAY. YEAH. WE DO IT AGAIN.

YOU'RE GOOD. I MOVE THAT WE FOLLOW THE RECOMMENDATION OF PLANNING COMMISSION.

APPROVE RZ20261676. A SCHOOL WITH THE REVISED PROFFERS DATED SEPTEMBER 4TH, 2026, 2026.

SECOND. MOVED BY MYSELF PROPERLY. SECOND BY MR. ROGERS. ALL IN FAVOR, SAY AYE. THOSE OPPOSED, IT IS APPROVED.

NEXT, MR. CHAIR, MEMBERS OF THE BOARD, YOU MOVE ON TO AGENDA ITEM 180-26 IN THE VERONA DISTRICT WITH WHITEHEAD AND CHIOCCA PROPERTIES, LLC WITH A PROVISIONAL USE PERMIT REQUEST UNDER CHAPTER 24 OF THE CODE TO BASICALLY ALLOW AN INDOOR EVENT ON PART OF A PARCEL LOCATED ON THE SOUTH LINE OF NINE MILE ROAD NEAR ITS INTERSECTION WITH NEWBRIDGE ROAD.

MISS MARLOW. THANK YOU, MR. MANAGER AND MEMBERS OF THE BOARD.

THIS IS A REQUEST FOR A PROVISIONAL USE PERMIT TO BRING AN EXISTING BUSINESS OCCASIONS TO INTO COMPLIANCE WITH THE ZONING ORDINANCE.

THE SITE IS LOCATED IN THE NEWBRIDGE SHOPPING CENTER AND IS ZONED B ONE, WHICH REQUIRES A PROVISIONAL USE PERMIT FOR INDOOR RECREATION.

SURROUNDING USES INCLUDE THE COVENTRY AND NEWBRIDGE SQUARE APARTMENTS, THE NEWBRIDGE LEARNING CENTER AND OTHER TENANTS IN THE SHOPPING CENTER, INCLUDING A FOOD LION. INCLUDED IN YOUR PACKET TONIGHT ARE REVISED CONDITIONS.

THESE CHANGES INCLUDE A LIMITATION ON THE HOURS OF OPERATIONS FOR EVENTS, HOSTING UNACCOMPANIED MINORS, AND REQUIRE THAT THE OWNER OR REPRESENTATIVE OF THE OWNER MUST CHECK ALL IDENTIFICATION CARDS TO VERIFY AGES BEFORE INDIVIDUALS ARE PERMITTED INTO THE VENUE.

THE 2026 COMPREHENSIVE PLAN RECOMMENDS COMMERCIAL CONCENTRATION FOR THE SUBJECT SITE TO ADDRESS SECURITY CONCERNS.

AS A RESULT, STAFF IS SUPPORTIVE OF THIS REQUEST, SUBJECT TO THE RECOMMENDED CONDITIONS DISTRIBUTED TONIGHT AND AT THEIR JULY MEETING, THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS REQUEST. THAT CONCLUDES MY PRESENTATION.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU SO MUCH, MADAM. REVEREND NELSON, QUESTIONS RIGHT NOW JUST TALK THROUGH SOME OF THE PROFFERS.

I MEAN, I FIRST OF ALL, JUST I WANT TO THANK THE OWNER FOR THE OWNER POLICE PLANNING FOR THE WORK THAT THEY PUT INTO COMING TO AN AGREEMENT ON TRYING TO MAKE THIS VENUE AS SAFE AS POSSIBLE. SO I WAS SOMETHING ADDED TODAY IN THE PAST WEEK, I KNOW.

YES. SO WE CHANGED THE HOURS OF OPERATION CONDITION TO NOW SPECIFY THAT THE LIMITATION WAS ONLY FOR EVENTS HOSTING UNACCOMPANIED MINORS.

SO THOSE EVENTS WOULD BE LIMITED FROM 8 A.M. TO 10 P.M.

ALL OTHER EVENTS WOULD BE ALLOWED FROM 8 A.M.

TO MIDNIGHT BY CODE. AND WE ALSO ADDED THAT THE OWNER OR REPRESENTATIVE OF THE OWNER MUST CHECK IDENTIFICATION CARDS TO VERIFY AGES BEFORE ANYONE IS PERMITTED INTO THE VENUE.

OKAY, GOOD. AND THE OWNER HAS SECURITY THERE WHEN THEY HAVE EVENTS.

AND YES, AND ONE OF OUR CONDITIONS ALSO REQUIRES THAT THEY HAVE A SECURITY GUARD OR A UNIFORMED POLICE OFFICER,

[7e. 198-26 REZ-2026-100916 Fairfield Imperial Investments Group LLC: Request to conditionally rezone from R-6C General Residence District (Conditional) and B-3 Business District to B-3C Business District (Conditional) Parcels 784-760-2968 and 784-760-2885 containing 2.202 acres located at the northeast intersection of Magellan Parkway and Brook Road (U.S. Route 1). The applicant proposes general retail. The use will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Government and Environmental Protection Area. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

AND NO OPEN BEVERAGES GOING IN OR COMING OUT.

THAT IS NOT A CONDITION WE HAVE LISTED, BUT I BELIEVE BASED ON THE DISCUSSIONS WITH THE APPLICANT, THAT IS THEIR STANDARD, SOMETHING THAT THE OPERATOR HAS COMMITTED TO AS WELL.

SO YEAH. I THINK THAT'S IT. SO I DON'T HAVE ANYTHING ELSE.

UNLESS THE OWNER WANTS TO SAY SOMETHING. BEFORE WE GO TO THE PUBLIC HEARING PART.

IF THAT'S OKAY. YES, SIR. WHATEVER YOU WANT TO COME UP AND SAY ANYTHING.

AND YOU DON'T HAVE TO. BUT JUST GIVING YOU THE OPPORTUNITY SINCE YOU CAME ALL THE WAY HERE FROM THE OTHER SIDE OF TOWN.

MY NAME IS LOIS LEWIS JOLLEY. I'M AT 60 159 MILE ROAD.

I'M THE OWNER OF OCCASIONS TWO AS WELL AS OTHER BUSINESSES ON THE NINE MILE ROAD CORRIDOR.

I HAVE BEEN IN THE COMMUNITY FOR 20 YEARS, ALMOST 20 YEARS AS A BUSINESS OWNER AND AN ENTERTAINMENT SUPPLIER OF THAT AREA.

WE ALSO HOST NONPROFIT AND COMMUNITY ACTIVITIES AT OUR FACILITY.

[01:15:04]

SO I JUST WANT TO THANK THE BOARD STAFF, THE POLICE, EVERYBODY THAT WHO HAS WORKED TO TRY TO GET THIS UNDER WRAPS AND GET US IN A PLACE WHERE WE ARE IN COMPLIANCE, WE ARE ALWAYS WILLING TO COMPLY AS LONG AS WE UNDERSTAND AND KNOW THE RULES.

SO I JUST WANT TO COME UP HERE AND JUST SAY THANK YOU FOR ALL THE TIME AND EFFORT THAT HAS BEEN PUT INTO THIS. IT'S BEEN A COUPLE OF MONTHS OF TRYING TO GET BACK AND FORTH WITH IT, BUT JUST SHOWING MY APPRECIATION OF A GOOD THINGS.

AND WE'VE COME TO A GOOD AGREEMENT. ALL RIGHT. SO REAL QUICK, I JUST HAVE ONE QUESTION FOR YOU IN 30S.

SO YOU HAVE THE EVENT SPACE, BUT YOU ALSO HAVE WHAT ELSE? WHAT ELSE COULD WHAT ELSE DO YOU DO THAT IS REALLY CREATIVE FOR THE COMMUNITY? WELL, FIRST OF ALL, I OWN BALLOONS AND THINGS. AND SO I HAVE A SERVICE HENRICO COUNTY FOR WITH BALLOONS AND THINGS FOR MANY, MANY YEARS. WE DO MANY OF THE SCHOOL PROJECTS, THE BALLOONS, ARCHES, THE COLUMNS, ALL THAT STUFF THAT MAKES EVERYTHING FESTIVE FOR THE COUNTY. WE PRETTY MUCH HAVE BEEN THE ONES WHO'VE BEEN DOING IT.

SO I'M ALWAYS IN BEHIND THE SCENES, SO NOBODY REALLY KNOWS WHO I AM.

BUT I'VE BEEN AROUND FOR A LONG TIME. MANY, MANY PEOPLE IN HERE MAY HAVE BEEN A CLIENT OF MINE OR I'VE DONE A PARTY FOR YOU.

OVER THE YEARS, WE DO COMMUNITY EVENTS ALL THE TIME.

WE DO TRUNK OR TREAT FOR THE KIDS FOR HALLOWEEN, FOR A SAFE AREA IN OUR BACKYARD.

WE DO EASTER EGG HUNTS EVERY YEAR, ALMOST EVERY YEAR.

MY SISTER WHO IS NOT HERE, BUT SHE HOSTS THE BREAST CANCER FOOTBALL TEAM THING THAT WE DO AT DORI PARK SOMETIMES.

SO WE HAVE BEEN AROUND FOR A VERY LONG TIME AND WE HAVE SERVICED THIS NEIGHBORHOOD AND THIS COMMUNITY FOR A VERY LONG TIME.

AND WE WOULD LIKE TO CONTINUE TO DO SO, BUT WE WANT TO MAKE SURE WE'RE DOING IT SAFELY AND IN COMPLIANCE. THANK YOU MA'AM. THANK YOU.

THANK YOU, MR. CHAIR. THANK YOU, MISS LEWIS. THIS IS A PUBLIC HEARING.

MR. MAYOR, DOES ANYBODY SIGNED UP? YES, SIR. ALL RIGHT.

NO ONE SIGNED UP. IS THERE ANYBODY PRESENT THAT WOULD LIKE TO SPEAK TO THIS ITEM? IS THERE ANYONE ONLINE THAT WOULD LIKE TO SPEAK TO THIS ITEM? THERE'S NO ONE TO SPEAK TO THIS ITEM. THANK YOU MADAM.

THAT BEING SAID, THE PUBLIC HEARING IS CLOSED.

REVEREND NELSON, MR. CHAIR, I MOVE THAT WE FOLLOW THE RECOMMENDATION OF THE PLANNING COMMISSION AND APPROVE PUP2026100750.

WHITEHEAD. AND WHAT IS THIS CHEEK CHOCO CHOCO.

PROPERTIES LLC WITH THE RECOMMENDED CONDITIONS.

SECOND. THANK YOU SO MUCH, REVEREND NELSON. IT'S BEEN MOVED AND PROPERLY SECOND BY MR. ROGERS. ALL THOSE IN FAVOR, SAY AYE. AYE. OPPOSED? THE AYES HAVE IT. IT IS APPROVED. NEXT, MR. CHAIR, MEMBERS OF THE BOARD, YOU MOVE ON TO AGENDA ITEM 198-26 IN THE FAIRFIELD DISTRICT IMPERIAL INVESTMENTS GROUP, LLC, WITH A CONDITIONAL REZONING REQUEST FROM R6C GENERAL RESIDENCE DISTRICT AND B THREE BUSINESS DISTRICT TO B3C BUSINESS DISTRICT. SEVERAL PARCELS CONTAINING 2.2 ACRES.

THESE PARCELS ARE LOCATED AT THE INTERSECTION OF MAGELLAN PARKWAY AND BROOK ROAD.

THE APPLICANT IS PROPOSING GENERAL RETAIL. AND BEFORE YOU IS MR. LIVINGSTON LEWIS. MR. LEWIS, HOW ARE YOU, SIR? I'M WELL, MR. MANAGER. THANK YOU. MEMBERS OF THE BOARD, THIS IS A REQUEST TO REZONE 2.2 ACRES IN THE NORTHEAST INTERSECTION OF MAGELLAN PARKWAY AND BROOK ROAD FROM R6C AND B32B3C FOR COMMERCIAL ACCESS AND RELATED COMMERCIAL USES.

THE COMPREHENSIVE PLAN DESIGNATES THE SITE AS GOVERNMENT AND ENVIRONMENTAL PROTECTION AREA, REFLECTING ITS FORMER USE AS A DMV BRANCH OFFICE.

SURROUNDING USES INCLUDE RESIDENTIAL TO THE NORTH, EAST AND SOUTH, AS WELL AS A FUTURE DENTIST OFFICE.

THE SUBJECT PROPERTY LIES AT THE ENTRANCE TO THE NEWLY DEVELOPED RETREAT AT ONE RESIDENTIAL COMMUNITY IN AN AREA UNDERGOING SIGNIFICANT REVITALIZATION AND INVESTMENT DURING THE DEVELOPMENT PROCESS FOR RETREAT AT ONE AND MAGELLAN PARKWAY.

THE ACCESS TO THE SUBJECT SITE NEEDED TO BE MOVED EASTWARD, AND ENDED UP OVERLAPPING WITH A REMNANT SLIVER OF R6C ZONING.

BECAUSE THE ZONING ORDINANCE DOES NOT PERMIT COMMERCIAL PROPERTIES TO BE ACCESSED THROUGH RESIDENTIAL ZONING, THE APPLICANT WISHES TO CORRECT THIS ISSUE PRIOR TO SELLING OR LEASING THE SITE TO MITIGATE POTENTIAL IMPACTS OF COMMERCIAL OPERATIONS ON ADJACENT PROPERTIES.

THE REQUEST INCLUDES PROFFERS, WHICH LIMIT THE HOURS OF OPERATION AND PROHIBIT A NUMBER OF INCOMPATIBLE USES.

BASED ON THESE COMMITMENTS. STAFF BELIEVES THE PROPOSED B3C ZONING WOULD BE A REASONABLE ALTERNATIVE TO THE GOVERNMENT DESIGNATION IN THE COMPREHENSIVE PLAN, AND WOULD GENERALLY BE IN KEEPING WITH THE DEVELOPMENT PATTERN ALONG BROOK ROAD.

A COMMUNITY MEETING WAS NOT HELD FOR THE REQUEST, BUT STAFF DID FIELD A COUPLE OF CITIZEN INQUIRIES AND THERE IS NO KNOWN OPPOSITION AT THIS TIME. THE PLANNING COMMISSION DID RECOMMEND APPROVAL.

THIS CONCLUDES MY PRESENTATION. I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU SO MUCH, MR. LEVINSON, FOR THAT. I'LL SAY SOME THINGS LATER.

WE'LL GET TO THE PUBLIC HEARING, AND MR. CONNELLY WON'T SAY ANYTHING. OKAY.

[01:20:06]

GOOD EVENING. KATE LAFAYETTE HERE WITH ANDY CULLEN OF ROTH.

JACKSON REPRESENTING THE APPLICANT. THANK YOU, MR. LEWIS, FOR YOUR OVERVIEW OF THE HISTORY OF THIS PROPERTY. SO WHEN WE STARTED OUT THIS CASE, WE WERE JUST GOING TO REZONE THE R6 PORTION OF THE PROPERTY IN ORDER TO BE IN COMPLIANCE WITH THE ZONING ORDINANCE.

BECAUSE, BECAUSE WE ARE GOING TO LEASE THIS PROPERTY FOR COMMERCIAL USE OR SELL THE PROPERTY FOR COMMERCIAL USE.

AND YOU CANNOT DRIVE THROUGH THE CURRENT STRIP TO ACCESS THE FORMER DMV PROPERTY FOR THAT COMMERCIAL USE.

WE SENT OUT 370 LETTERS TO MOSTLY THE RETREAT AT ONE NEIGHBORS, AND WE RECEIVED TWO RESPONSES BACK, ONE FROM A MR. HIGGINS. HE REACHED OUT AND FELT THERE WAS SOME MORE INTENSE USES THAT B3 ALLOWS THAT HE DID NOT THINK WERE COMPATIBLE.

AND THEN I ALSO SPOKE WITH AN OFFICER, POP ROCKY, WHO EXPRESSED THAT A HOTEL OR MOTEL AT THIS LOCATION WOULD ALSO NOT BE COMPATIBLE.

SO WE HAVE DEFERRED A COUPLE OF TIMES, MET WITH PLANNING, MET WITH MR. DAN RIDGE, AND ARE NOW INCLUDING BOTH THE DMV PARCEL THAT'S BEHIND THE ACCESS STRIP THAT WE ORIGINALLY REZONING FOR A TOTAL OF 2.2 ACRES.

WITH THIS, WE'RE TAKING THE FORMER DMV BUILDING, WHICH IS B THREE, WITH NO CONDITIONS ON THAT PROPERTY AND PLACING CONDITIONS ON THAT PROPERTY. SO WE'RE PROFFERING OUT 19 B THREE USES, INCLUDING INTENSE USES LIKE AUTOMOBILE USES LIGHT INDUSTRIAL INDOOR SHOOTING

[7f. 199-26 REZ-2025-102340 Varina DRB III Trucking LLC: Request to conditionally rezone from A-1 Agricultural District and B-3 Business District to M-2C General Industrial District (Conditional) Parcels 815-699-6667 and 815-699-8388 containing 5.938 acres located at the southeast intersection of Darbytown Road and Miller Road. The applicant proposes outdoor storage and trailer parking. The use will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Planned Industry. The site is located in the Airport Safety Overlay District. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

RANGE HOSPITAL AS WELL AS THE HOTEL MOTEL EXPLICITLY BASED ON THE FEEDBACK FROM THE NEIGHBORS.

WE'RE ALSO LIMITING THE HOURS OF OPERATION. SO IN B THREE CURRENTLY AT THIS SITE YOU CAN DO 24 OVER SEVEN, BUT WE'RE DOING FROM SIX TO MIDNIGHT AS THOSE ARE THE B TWO HOURS AS WELL AS PROVIDING SOME DEVELOPMENT ASSURANCES SINCE WE KNOW THIS PARCEL IS INCLUDED IN THE NEW BROOKE ROAD NORTH OVERLAY. SO THERE'S GOING TO BE NEW DEVELOPMENT COMING THROUGH THIS CORRIDOR, ESPECIALLY WITH BEST PRODUCTS REIMAGINED BEING BUILT OUT IN THE FUTURE.

SO WE WANT THIS DEVELOPMENT TO BE IN LINE WITH THE FUTURE DEVELOPMENT IN THIS AREA AND TO BE A GOOD STEWARD TO THE NEIGHBORHOOD.

WE APPRECIATE ALL THE FEEDBACK THAT WE'VE RECEIVED FROM THOSE NEIGHBORS AND COMMUNICATING WITH THEM.

I DO THINK WE'VE REACHED A REALLY GREAT PLACE.

THEY'VE BEEN REALLY SUPPORTIVE. THE LAST EMAIL EXCHANGES THAT WE'VE RECEIVED AND WE ASK YOU TO FOLLOW THE PLANNING COMMISSION'S RECOMMENDATION OF APPROVAL.

THANK YOU. THANK YOU SO MUCH, MADAM. APPRECIATE THAT. THIS IS A PUBLIC HEARING.

IS THERE ANYBODY PRESENT? I'D LIKE TO SPEAK TO THIS CASE.

IS THERE ANYONE ONLINE THAT WOULD LIKE TO SPEAK TO THIS CASE? THERE'S NO ONE TO SPEAK TO THIS ITEM.

THANK YOU. SO I APPRECIATE AGAIN THE APPLICANT'S WORK TO DATE, BUT I'M NOT PREPARED TO ACT ON THIS TONIGHT.

THE REASON BEING I BELIEVE THAT THERE'S SEVERAL QUESTIONS THAT NEED TO BE RESOLVED BEFORE I GRANT WE GRANT A BROADER B3C ENTITLEMENT.

FIRST CAN PLAN AND RECONCILE ITS RECOMMENDATION.

JUST LAST YEAR, THESE SAME 2.2 ACRES CAME BEFORE US FOR PRO SAFE STORAGE.

WE KNEW THE SPECIFIC USE. WE COULD EVALUATE THE TRAFFIC, OUR SCALE AND NEIGHBORHOOD IMPACTS YET PLANNING RECOMMENDED DENIAL.

SECOND, THE GENERAL RETAIL DOESN'T ACTUALLY DESCRIBE THE FULL ENTITLEMENT WE'D BE GRANTING EVEN WITH THE CURRENT PROFITS.

B3C COULD ALLOW USES BEYOND CONVENTIONAL RETAIL, INCLUDING CONVENIENCE STORE, CAR WASH, BOAT SALES, FLEET TERMINAL, CONTRACTOR SERVICE, INDUSTRIAL LAUNDRY, DRY CLEANING.

THANK YOU, MR. LEWIS FOR CLARIFYING EARLIER TODAY.

ADDITIONAL B THREE USES. DOES THAT MEAN. I'M REFERRING SPECIFICALLY TO THAT STRONGER PROFFER IF INTENDED USE IS TRULY GENERAL RETAIL.

WE HAVE A RELEVANT FAIRFIELD PRECEDENT IN REZ20170027.

BACK IN 2017 INVOLVING A PROPERTY ON NINE MILE ROAD WHERE THE APPLICANT SOUGHT TO MOVE FROM B2 TO B3C BUT HAD NOT IDENTIFIED A SPECIFIC USE.

THAT PROPERTY WAS DESIGNATED COMMERCIAL CONCENTRATION AND WAS SURROUNDED BY SIGNIFICANT COMMERCIAL ACTIVITY.

EVEN UNDER THOSE CIRCUMSTANCES, PLANNING STAFF EXPRESSED CONCERN THAT IT WOULD NOT ADEQUATELY EVALUATE THE IMPACTS WITHOUT KNOWING THE INTENDED USE.

AND SO I JUST WANT TO MAKE SURE THAT WE CAN KIND OF RESOLVE THOSE.

YES, SIR. UNDERSTOOD. IDEALLY, THAT WOULD BE THE CASE.

WE VERY OFTEN DO ASK FOR ELEVATIONS AND SPECIFIC USES THAT AN APPLICANT HAS IN MIND ON A PROPERTY.

IN SPITE OF THAT, WE PROVIDED A RECOMMENDATION THIS EVENING BASED ON THE FACT THAT THE CASE HAS COME A VERY LONG WAY.

HOWEVER, I RESPECT WHAT YOU'RE SAYING AND MORE WORK IS NEEDED.

OKAY. COLLEAGUES, ANY QUESTIONS OR COMMENTS? THAT BEING SAID I MOVE THAT OUR Z (202) 610-0916 IMPERIAL INVESTMENT GROUP BE DEFERRED TO THE OCTOBER 13TH, 2026 MEETING AT THE REQUEST OF MYSELF.

MOVE MYSELF SECOND BY REVEREND NELSON. ALL IN FAVOR, SAY AYE. AYE.

APPROVE. THANK YOU, MR. CHAIR. MEMBERS OF THE BOARD, AGENDA ITEM 199-26 OUT OF THE VARINA DISTRICT IS DRB THREE TRUCKING

[01:25:07]

LLC, WITH A CONDITIONAL REZONING REQUEST FROM A-1 AGRICULTURAL DISTRICT AND B THREE BUSINESS DISTRICT TO M2C GENERAL DISTRICT AS SEVERAL PARCELS CONTAINING 5.9 ACRES. LOCATED AT THE SOUTHEAST INTERSECTION OF DARBYTOWN AND MILLER ROAD, THE APPLICANT IS PROPOSING OUTDOOR STORAGE AND TRAILER PARKING.

MR. SEEL. THANK YOU, MR. MANAGER. MR. CHAIRMAN, MEMBERS OF THE BOARD.

AS THE MANAGER NOTED, THIS IS A REQUEST TO CONDITIONALLY REZONE APPROXIMATELY SIX ACRES LOCATED AT THE SOUTHEAST INTERSECTION OF DARBY TOWN AND MILLER ROADS FROM A1 AND B THREE TO M2C FOR OUTDOOR STORAGE AND TRAILER PARKING.

THE PROPERTY IS PARTIALLY DEVELOPED WITH SEVERAL AGING STRUCTURES FRONTING DARBYTOWN ROAD AND A LARGE, UNPAVED PARKING LOT TO THE REAR, CONTAINING COMMERCIAL TRUCKS AND TRAILERS AND AN UNDEVELOPED GRASS AREA FARTHER TO THE SOUTH.

THE 2026 COMPREHENSIVE PLAN RECOMMENDS PLANNED INDUSTRY THAT CARRIED OVER WITH THE RECENT ADOPTION OF THE 2045 PLAN, WHICH ENCOURAGES HIGH ENVIRONMENTAL QUALITY STANDARDS, COORDINATED DESIGN, A PLANNED LAYOUT AND MINIMAL IMPACTS ON ADJACENT USES.

SURROUNDING USES INCLUDE A GAS STATION, CONVENIENCE STORE, THE AIRPORT DISTRIBUTION CENTER, PLANNED INDUSTRIAL FACILITY TO THE WEST, AND I-95 TO THE EAST.

RESIDENTIAL HOMES ARE LOCATED TO THE SOUTH ALONG MILLER ROAD.

THE OWNER PURCHASED THE PROPERTY IN DECEMBER OF 2020 AND RECEIVED A NOTICE OF VIOLATION OF COMMUNITY MAINTENANCE IN APRIL OF 2021 FOR STORING TRUCKS ON THE AYE ONE PORTION OF THIS PARCEL, STORING INOPERABLE VEHICLES AND OPERATING WITHOUT A PLAN OF DEVELOPMENT AND A FENCE THAT WAS IN DISREPAIR.

IN AN ATTEMPT TO REMEDY THE VIOLATIONS, THEY SUBMITTED A PUP APPLICATION IN 2023.

EXCUSE ME, A PROVISIONAL USE PERMIT TO ALLOW FOR SOME OF THOSE OPTIONS OR SOME OF THOSE USES IN 2023, BUT LATER WITHDREW IT BECAUSE THEY COULD NOT COVER THE ENTIRE AREA NEEDED FOR THE STORAGE THAT THEY PROPOSED.

ANOTHER NOTICE WAS THEN ISSUED IN JUNE OF 2025 FOR STORING COMMERCIAL VEHICLES AND OPERATING WITHOUT THE REQUIRED PROVISIONAL USE PERMIT, WHICH REMAINS ACTIVE. AS SHOWN ON THE PROPOSED CONCEPT PLAN.

ACCESS WOULD BE FROM MILLER ROAD THROUGH A GATE TO A PAVED PARKING AREA AND A LARGE GRAVEL STORAGE LOT ENCLOSED BY A FENCE.

TWO NEW CARPORTS ARE PROPOSED IN ADDITION TO EXISTING STRUCTURES THAT WOULD REMAIN.

THE APPLICANT HAS INDICATED MINOR COMMERCIAL VEHICLE REPAIRS SUCH AS CHANGING TIRES, BRAKES, FLUIDS AND OIL WOULD OCCUR ON THE SITE. ALTOGETHER, THE PROPOSAL WOULD CONVERT THE MAJORITY OF THE SITE TO A GRAVEL STORAGE YARD, AS SEEN ON THIS CONCEPT PLAN. IN ADDITION TO THE CONCEPT PLAN, THE APPLICANT SUBMITTED ELEVATIONS AND PROFFERS WHICH WOULD ADDRESS ITEMS SUCH AS BUILDING MATERIALS, SANITARY SEWER AND RIGHT OF WAY DEDICATION.

THE ELEVATIONS MOSTLY ILLUSTRATE THE EXISTING EXTERIOR APPEARANCE OF THE BUILDINGS WITH MINOR EXCUSE ME, WITH MINOR IMPROVEMENTS PROPOSED. THE PROFFERS DO PROVIDE SEVERAL HELPFUL MITIGATION EFFORTS.

HOWEVER, STAFF RECOMMENDS A CONTINUED FOCUS ON DESIGN ASPECTS OF THIS REQUEST AS IT MOVES THROUGH THE PROCESS.

THIS COULD HELP IMPROVE THE OVERALL REQUEST, ESPECIALLY RELATED TO ELEMENTS SUCH AS ENHANCING THE SITE'S EXISTING BUILDINGS AND THE SITE'S DARBYTOWN ROAD FRONTAGE, ENSURING BUFFER AREAS ARE MAXIMIZED ALONG MILL ROAD AND THE SOUTHERN PROPERTY LINE, AND REDUCING THE OVERALL GRAVEL EXTENT, AS WELL AS FULLY ENFORCING THE PROPHET HOURS OF OPERATION BY ENSURING AFTER HOURS USES ARE PROHIBITED.

ADDRESSING THESE FACTORS SHOULD BE AIDED THROUGH A RECENT CHANGE TO THE PROFFERS, WHICH WERE DISTRIBUTED TO YOU THIS EVENING.

PROFFER 16 HAS BEEN ADDED REQUIRING THAT DETAILED DEVELOPMENT PLANS ARE SUBMITTED AND APPROVED IN A TIMELY MANNER TO ENSURE THAT THE PROFFERED SITE IMPROVEMENTS AND CODE REQUIREMENTS ARE IN PLACE. FURTHER MITIGATING POTENTIAL IMPACTS.

THE COMPREHENSIVE PLAN, AS I NOTED, RECOMMENDS PLANNED INDUSTRY, WHICH ENCOURAGES HIGH QUALITY ENVIRONMENTAL STANDARDS AND THAT COORDINATED DESIGN I MENTIONED. WHILE THE PROPOSED USE IS INDUSTRIAL IN NATURE, IT WOULD ESSENTIALLY BE FOR A REUSE OF AN AGING COMMERCIAL BUILDING AND RESIDENTIAL BUILDINGS WITH MINIMAL IMPROVEMENTS, PROPOSED ALLOWING A SIGNIFICANT EXPANSION OF OPERATIONS SOUTHWARD CLOSER TO THE SOUTH SURROUNDING RESIDENCES.

HOWEVER, THE APPLICANT HAS MADE RECENT EFFORTS TO CLEAN UP THE PROPERTY AND INCLUDED SEVERAL ADDITIONAL COMMITMENTS, INCLUDING THE MOST RECENT CHANGE I NOTED FOR THIS EVENING, AS WELL AS A PREVIOUS PROFFER DETAILING THE REQUIRED CONNECTION TO SANITARY SEWER.

FOR THESE REASONS, STAFF DOES NOT OPPOSE THIS APPLICATION AND BELIEVES IT COULD BE GENERALLY CONSISTENT WITH THE SITE'S 2026 FUTURE LAND USE DESIGNATION.

GIVEN THE INDUSTRIAL NATURE OF THE REQUEST AND THE EXISTING ADJACENT DEVELOPMENT.

BUT CAUTION SHOULD BE CONSIDERED TO ENSURE THAT THE USE DOESN'T FURTHER EXPAND TO THE SOUTH TO THOSE PROPERTIES ALONG MILLER ROAD.

I WOULD ALSO NOTE THAT THE APPLICANT HELD A COMMUNITY MEETING IN NOVEMBER OF 2025, WHERE SEVERAL SURROUNDING RESIDENTS ATTENDED AND SPOKE ABOUT CONCERNS REGARDING THE PROPOSED USE, HOURS OF OPERATION, TRAFFIC TRUCK MOVEMENT AND GENERAL SITE CONDITIONS.

THAT DOES CONCLUDE MY PRESENTATION AND I'M HAPPY TO TRY AND ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU SIR.

I REALLY APPRECIATE THAT. REVEREND NELSON, YOU HAVE ANY QUESTIONS RIGHT NOW? YES.

THE THE STAFF'S RECOMMENDATION WAS WHAT? WE'RE NOT IN OPPOSITION TO THIS REQUEST.

[01:30:07]

WHAT YOU SAID JUST READ WHAT YOU SAID. THE STAFF.

FOR THESE REASONS, THE STAFF DOES NOT OPPOSE THIS APPLICATION.

BELIEVES IT COULD BE GENERALLY CONSISTENT. TIME OUT RIGHT THERE. DAN, HAVE YOU EVER HEARD THAT BEFORE? YES, SIR, I WAS I'VE READ IT AND I HAD TO CHECK.

I WAS I WAS CHECKING ALL THE OTHER ONES TONIGHT.

I HAVEN'T SEEN THAT BEFORE. DID WE CHANGE SOMETHING UP DOWN THERE. I MEAN THAT'S, THAT IS I RESPECT THAT.

THAT'S I RESPECT THAT. THAT'S YOUR WAY OF SAYING.

YEAH. WE DON'T WE DON'T NECESSARILY SUPPORT IT, BUT WE'RE NOT REALLY AGAINST IT.

I THINK STAFF IS RECOGNIZING THAT THIS IS A TRANSITIONAL AREA THAT HAS SOME EXISTING BUILDINGS THAT ARE IN DISREPAIR, AND THERE COULD BE SOME BENEFIT TO ALLOWING FOR SOME INVESTMENT ONTO THE PROPERTY THAT THE ZONING WOULD ALLOW, BUT ALSO RECOGNIZING THAT THE WAY IT HAS OCCURRED HAS NOT BEEN IDEAL.

AND THAT YOU KNOW, THAT THAT IN A PERFECT WORLD, ADDITIONAL PROPERTY COULD BE ACCUMULATED AND BE MORE CONSISTENT WITH THAT PLANNED INDUSTRIAL DESIGNATION. BUT ALSO I THINK IT IS REFLECTIVE OF THE APPLICANT MAKING SOME STRIDES IN THE PROFFER COMMITMENTS THAT THEY'VE MADE, ADDRESSING A NUMBER OF CONCERNS THAT WERE RAISED BY STAFF THROUGHOUT THE PROCESS TO TRY AND ADDRESS SCREENING AND OTHER THINGS LIKE THAT.

SO CERTAINLY IT'S, I THINK IT'S REFLECTIVE OF A SOMEWHAT COMPLICATED CASE WHERE THEY HAVE BEEN TRYING TO, TO ADDRESS A NOTICE OF VIOLATION AND OTHER THINGS THAT ARE, I'LL MAKE SURE I LET JOE KNOW WHEN YOU CAME BACK, HOW MASTERFULLY YOU EXPLAINED THAT JUST NOW. THANKFULLY, THEY RECORD THESE.

THAT WAS THAT WAS MASTERFUL. NUMBER 16. CAN YOU GIVE ME THAT? AND IN LAYMAN'S TERMS, WHAT IS 16 MEAN? SO OUR INTENT WITH THIS, MR. NELSON, IS TO ENSURE THAT THEY MOVE ALL THE WAY THROUGH THE DEVELOPMENT REVIEW PROCESS BEFORE THEY'RE ABLE TO OBTAIN THE CERTIFICATE, NECESSARY CERTIFICATES OF OCCUPANCY, EXCUSE ME, AND ONGOING BUSINESS LICENSE FOR THIS PROPERTY.

WHAT WE DON'T WANT TO DO IS A SIMPLE COMMITMENT TO SUBMIT A PLAN OF DEVELOPMENT, FOR INSTANCE, WOULD ONLY REQUIRE THAT THEY SUBMIT THAT NOT FOLLOW THROUGH AND ACTUALLY GAIN APPROVAL OF THOSE DOCUMENTS.

SO OUR INTENT IS TO THAT POD REALLY DOES GIVE STAFF A LOT OF ABILITY TO WORK THROUGH SPECIFICS FOR BUFFERING AND SCREENING OTHER IMPROVEMENTS TO THE SITE. AND THIS WOULD ALLOW SOME OF THOSE DESIGN ENHANCEMENTS THAT I SPOKE ABOUT DURING MY PRESENTATION TO OCCUR AND ENSURE THAT THAT HAPPENS BEFORE THEY ARE FULLY LEGAL ON THIS PROPERTY. OKAY. SO REAL QUICK WHAT'S THE HISTORY? SO YEAH, EXPLAIN TO ME, LIKE, HOW DID WE GET HERE? BECAUSE I FEEL LIKE WE'RE BEING VERY KIND. WE'RE WE'RE BEING VERY KIND.

THIS THIS WAS A BUSINESS THAT WAS OPERATING FOR A WHILE WITHOUT US REALLY KNOWING THAT THEY WERE THERE OPERATING AS A BUSINESS.

RIGHT. SO THE THE PROPERTY WAS PURCHASED IN LATE 2020.

AT THAT TIME, B THREE WOULD HAVE ALLOWED SOME OF THE USES THAT ARE BEING PROPOSED HERE.

SO THERE IS A PORTION OF THE SITE THAT IS CURRENTLY ZONED B THREE.

PULL UP THE ZONING MAP JUST TO KIND OF BETTER ILLUSTRATE THAT AT THE CORNER. THAT WOULD HAVE ALLOWED SOME OF THE USES THAT THE APPLICANT PROPOSES BUT NOT THE EXPANDED USES ONTO THE A ONE. OKAY. AND ESTABLISHING THOSE USES WOULD HAVE ALSO REQUIRED THE ISSUANCE OF A PLAN OF DEVELOPMENT TO, TO ESTABLISH THE USE ON THE PROPERTY. AND WE, WE WENT OUT AND ISSUED A NOTICE WHEN IN EARLY 2021.

AND THAT CAME FROM, THAT CAME FROM THE DEPARTMENT OF COMMUNITY REVITALIZATION, FROM COMMUNITY MAINTENANCE.

SOMEBODY MADE A COMPLAINT? YES. YES, SIR. DO YOU HAVE ANY BEFORE AND AFTER PICTURES? WE HAVE SOME LATE PICTURES, KIND OF SOME RECENT CLEANUP THAT WAS DONE.

SO THIS WAS IN JULY. THIS IS IN AUGUST. I DON'T KNOW THAT WE HAVE.

EXCUSE ME. SO THEY'VE DONE SOME CLEANUP OF THE BACK PORTIONS OF THE SITE WHERE SOME OF THE STUFF YOU DON'T HAVE WHAT IT WAS.

I DON'T HAVE THE I DON'T BELIEVE THAT THERE'S ANYTHING IN THE ON THE IN THE WHICH WAS BEFORE.

OH THE THIS PIECE. YEAH. ALL RIGHT. SO THE ONE GO BACK TO THAT ONE.

THE PICTURE ON MY LEFT. THAT WAS FROM WHEN. THAT WAS IN 2020.

MR. NELSON IN THE PICTURE ON MY RIGHT IS FROM WHEN IS IN 2021 AFTER THIS IS WHAT WOULD WOULD HAVE BEEN OCCURRING AND WHAT DROVE THE COMPLAINT AND INITIAL ISSUANCE OF THE NOTICE OF VIOLATION. SO YOU CAN SEE WHERE IT KIND OF EXPANDED BEYOND THERE.

OKAY. ALL RIGHT. THANK YOU. IS THE APPLICANT HERE?

[01:35:01]

GOOD EVENING, MR. CHAIR. MEMBERS OF THE BOARD.

MY NAME IS RANDY HOOKER WITH ENGINEERING DESIGN ASSOCIATES.

AND I HAVE DON BLANKENSHIP WITH ME HERE THIS EVENING AS WELL.

THE OWNER OF THE PROPERTY AND THE BUSINESS OPERATING AT THE LOCATION.

DONNY OPERATES A SMALL HAULING BUSINESS. HE HAULS WATER FOR NIAGARA, WHICH IS ON THE OTHER SIDE OF THE BRIDGE.

AND THAT'S ABOUT 80% OF HIS BUSINESS IS A FEW DRIVERS.

THE DRIVERS ARE GONE FOR A FEW DAYS AT A TIME MAKING THEIR DELIVERY ROUTES.

AS DISCUSSED TO DONNY DOES DO HIS OWN MAINTENANCE.

HE DOES CHANGE THE TIRES. HE CHANGES THE OIL CHANGES THE BRAKES.

JUST MINOR MAINTENANCE WORK. WE DID AGREE TO TIE INTO THE SANITARY SEWER.

BUT IF I MAY BACK UP FOR A MINUTE. DONNIE DID DO HIS DUE DILIGENCE BEFORE BUYING THIS PROPERTY.

HE WENT TO PLANNING AND DISCUSSED WITH PLANNING.

HE WANTED TO BUY THE PROPERTY IF HE COULD USE IT THE WAY HE WANTED TO.

HE DIDN'T REALIZE THAT HE WAS MOVING ON TO THE A1 PORTION OF THE PROPERTY WHEN HE WAS PARKING THE TRAILERS.

HE WAS ALSO TOLD BACK THEN HE WOULD NOT BE ABLE TO TIE INTO SANITARY SEWER AND KIND OF WENT BACK AND FORTH WITH PLANNING FOR SOME TIME.

BECAUSE I DIDN'T KNOW WHO OWNED UTILITIES HAD PROVIDED THAT COMMENT.

AND RIGHT. IN OUR OWN SURVEY CREW OUT THE TOP OF THE SEWER PIPE IS, HAS MINIMUM COVER TODAY.

[8. Public Hearings – Other Items]

IT'S LIKE 5.6FT. YOU NEED TO HAVE 5.5FT OF COVER IF YOU BE IN THE STREET.

[8a. 200-26 Ordinance - To Amend and Reordain Section 22-43 Titled “Reserved” of the Code of the County of Henrico to Allow the Use of Photo Speed Monitoring Devices in School Crossing Zones. ]

SO PUBLIC UTILITIES, I THINK, IS GOING TO GIVE US A WAIVER THAT THE PIPE WOULD HAVE TO BE CONSTRUCTED WITH DUCTILE IRON PIPE VERSUS PVC, WHICH IS MUCH MORE EXPENSIVE MATERIAL. BUT BY USING DUCTILE IRON PIPE, YOU WOULD APPROVE A WAIVER TO EXTEND THE MANHOLE TO THE CORNER OF THE INTERSECTION OF DARBYTOWN AND MILLER ROAD.

SO YOU DON'T YOU DON'T HAVE ANY. SO DO YOU HAVE ANY TRUCKS BACK BEYOND WHAT IS THE WHAT ARE THOSE TREES IN THE MIDDLE? YES, THOSE ARE TREES IN THE MIDDLE. IT KIND OF BREAKS UP THE BACK PART OF THE PROPERTY.

RIGHT. SO IS THERE ANYTHING ON THE BACK PART OF THE PROPERTY AS OF NOW? NO, SIR. ALL RIGHT. SO WHAT ARE YOU LETTING THE GRASS GROW BACK THERE OR WHAT? GRASS IS GROWING THERE. THAT'S I THINK THAT PICTURE THAT YOU'VE SEEN WAS IN THE WINTER. YOU MIND COMING TO THE MIC? EXCUSE ME. JUST WOULD YOU MIND SPEAKING TO MIC? SLIDE OVER TO THE MIC. THANK YOU SIR. I BELIEVE THE PICTURE YOU'VE SEEN IS IN THE WINTERTIME. SO ALL THE GRASS WAS DEAD.

AIN'T NOTHING BEEN DONE IN THE BACK. SO RIGHT NOW IF I GO BACK THERE, IT'S LIKE IT'S ALL GRASS.

AND I GOT A LITTLE GARDEN. A GARDEN ABOUT 50 FOOT BY 30 FOOT WIDE.

I MEAN, WHAT'S, WHAT'S THE WHAT'S THE HIGHEST AMOUNT OF TRUCKS YOU HAVE BACK THERE? WELL, IT'S NONE BACK THERE, BUT THE HIGHEST AMOUNT OF TRUCKS I HAVE ON MY PROPERTY NOW.

YEAH. THREE TRUCKS AND I GOT, LIKE 15 TRAILERS, BUT ALL MY TRAILERS ARE NOT ACTUALLY ON SITE.

A LOT OF THEM ARE RENTED OUT OR LEASED OUT, ACTUALLY.

ALL RIGHT. SO THE PLAN TO CLEAN UP. I'M ASSUMING YOU'RE IN THAT PROCESS OF CONNECTING THE SEWER AND WATER OR CLEANING UP, ETCETERA. IS THAT SOMETHING THAT YOU LIKE? CAN YOU ACTUALLY DO THAT? YOU KNOW WHAT I'M SAYING? LIKE, YES, IF WE REZONE, I MEAN, IF WE GIVE PERMISSION, WILL YOU BE ABLE TO DO WHAT IS BEING ASKED OF YOU? EVERYTHING THAT'S IN THE PROFFERS, I WOULD DO.

OKAY. EVERYTHING. ALL RIGHT. SO I WAS FEELING DIFFERENT BECAUSE I HADN'T TALKED TO YOU.

I WAS FEELING DIFFERENT ABOUT THIS BEFORE YOU GOT UP WITH MY GUY RIGHT THERE.

SO I FEEL I FEEL BETTER BECAUSE YOU'RE GOING TO MAKE SURE THAT WE DO WHAT WE NEED TO DO.

YES, SIR. DO EVERYTHING THEY ASK. EVERYTHING THAT'S IN THE PROPHETS, INCLUDING HOOK TO THE SEWER, WHICH IS VERY COSTLY, VERY COSTLY BECAUSE IT'S, I THINK, 250 FOOT AWAY, WHICH IS ALMOST THE MAX WHERE I DON'T HAVE TO HOOK TO IT, BUT. ALL RIGHT. WELL I DON'T HAVE ANY QUESTIONS.

THANK YOU BOTH. YOU MAY SIT DOWN FOR A MOMENT IF YOU'D LIKE TO. THANK YOU, SIR. ALL RIGHT.

COLLEAGUES, ANY QUESTIONS? HEARING NONE. THIS IS A PUBLIC HEARING.

ANYONE HERE TO SPEAK TO THIS? THIS ITEM? IS THERE ANYONE ONLINE THAT WOULD LIKE TO SPEAK TO THIS ITEM? THERE'S NO ONE TO SPEAK TO THIS ITEM. THANK YOU SO MUCH.

PUBLIC HEARING IS NOW CLOSED, REVEREND NELSON.

ALL RIGHT INVITE ME OVER ONE DAY SO I CAN SEE WHAT YOU DO.

ALL RIGHT. I MOVE THAT WE FOLLOW THE RECOMMENDATION OF THE PLANNING COMMISSION AND APPROVE REZ 2025 102 340 DRB THREE TRUCKING, LLC WITH THE REVISED PROFFERS DATED SEPTEMBER 8TH, 2026.

THANK YOU SO MUCH, REVEREND NELSON. IT'S BEEN MOVED BY REVEREND NELSON. IS THERE A SECOND? SECOND? SECONDED BY MR. ROGERS. ALL IN FAVOR, SAY AYE.

AYE. OPPOSED? THE AYES HAVE IT. IT'S APPROVED.

MR. MANAGER. NEXT. MR. CHAIR, MEMBERS OF THE BOARD, YOU MOVE INTO PUBLIC HEARINGS.

[01:40:03]

OTHER ITEMS. THE FIRST ITEM ON THIS AGENDA PORTION OF THE AGENDA IS 226.

AND THIS IS AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-43.

TITLE RESERVED OF THE CODE OF THE COUNTY OF HENRICO TO ALLOW THE USE OF PHOTO SPEED MONITORING DEVICES IN SCHOOL CROSSING ZONES.

CHIEF. ENGLISH. FOX KEEPS GETTING SMALLER AND SMALLER.

GOOD EVENING, BOARD CHAIR. MEMBERS OF THE BOARD, MR. MANAGER. THIS ORDINANCE ALLOWS THE USE OF PHOTO SPEED MONITORING DEVICES FOR PURPOSES OF RECORDING VIOLATIONS OF MAXIMUM SPEED LIMITS AT SCHOOL CROSSING ZONES IN ACCORDANCE WITH CODE OF VIRGINIA 46.2-882.1. THE ORDINANCE IMPOSES A CIVIL PENALTY OF $100 IF A PHOTO SPEED MONITORING DEVICE FINDS A VEHICLE TRAVELING AT SPEEDS OF AT LEAST TEN MILES PER HOUR OVER THE POSTED SCHOOL CROSSING ZONE SPEED LIMIT, WHILE SUCH ZONE IS ACTIVE. I RECOMMEND APPROVAL OF THE BOARD PAPER, THE COUNTY MANAGER CONCURS, AND WE'RE HAVE CAPTAIN PEKAR HERE WITH ME. BE HONORED TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU SO MUCH. COLLEAGUES, BEFORE I CALL FOR THE PUBLIC HEARING, ANY QUESTIONS FOR CHIEF RIGHT NOW? I HAVE A COUPLE.

I'D LIKE THE RECORD TO REFLECT. I'VE BEEN SILENT ALL MEETING, SAVING UP MY MY TIME FOR FOR THIS ISSUE.

ALL RIGHT, SO I'VE LOOKED AT THE PROPOSED ORDINANCE, KIND OF COMPARED IT TO THIS, THE STATE STATUTE.

AND I NOTE, YOU KNOW, ONE VIRGINIA CODE, 46.2-882.1 DOES IT'S IT'S FAIRLY BROAD.

IT'S BROADER THAN WHAT WE'RE PROPOSING HERE. SPECIFICALLY THAT THAT PARTICULAR STATUTE ALLOWS MULTIPLE PLACES WHERE THESE CAMERAS CAN BE IMPLEMENTED, INCLUDING HIGHWAY WORK ZONES, HIGH RISK INTERSECTIONS, PEDESTRIAN CROSSINGS TO MONITOR FOR JAYWALKING, AS WELL AS STOP SIGN VIOLATIONS. SO RELATIVELY SPEAKING.

AND I'LL START BY THAT, THAT WHAT WE'RE PROPOSING IS KIND OF A SMALL SNIPPET OF WHAT THAT CODE SECTION ALLOWS.

YES, MA'AM. THAT'S CORRECT. AND THE SCOPE OF THIS IS SPEEDING IN SCHOOL ZONES VERY NARROWLY.

CORRECT. THAT'S CORRECT. NOW THIS DOES NOT EXPAND THE DEFINITION OF A SCHOOL CROSSING ZONE IN ANY WAY.

AND IT'S TO BE FAIR, THE THE CODE DEFINITION OF A SCHOOL CROSSING ZONE IS FAIRLY AMBIGUOUS.

IT DOESN'T SAY. LIKE A METERS OR A DISTANCE OR ANYTHING.

IT'S BASICALLY ANY AREA WHERE IT'S NECESSARY TO PROTECT CHILDREN GOING TO AND FROM SCHOOL.

THAT'S CORRECT. BUT WE WOULD HAVE MECHANISMS THAT WOULD INDICATE WHERE EXACTLY WHERE THAT ZONE IS, THOUGH. OKAY. WOULD IT BE CONSISTENT WITH EXISTING SCHOOL CROSSING ZONES? YES IT WOULD. OKAY. THE I DON'T I DIDN'T SEE IN HERE WHERE THE HOURS OF TICKETING WOULD BE WOULD TAKE PLACE 7 TO 9. EACH YEAR WE WORK CLOSELY WITH HENRICO COUNTY PUBLIC SCHOOLS AND THE TIMES ARE SET.

SO WE'LL CONTINUE TO MONITOR AND WORK ALONGSIDE OUR SCHOOL PARTNERS WITH THE SET TIMES FOR THOSE EFFECTIVE SCHOOL ZONES ACROSS THE COUNTY.

WOULD IT GENERALLY BE AN HOUR BEFORE, AN HOUR AFTER OR TWO HOURS BEFORE OR TWO HOURS AFTER IT WOULD BE TIED ONLY TO SCHOOL START AND END? THAT'S CORRECT. THE MORNING AND AFTERNOON SCHOOL ZONE FLASHING ZONE TIMES, WHICH ARE INDICATED BY OUR SCHOOL PARTNERS.

WE WOULD MONITOR AND MAINTAIN THOSE TIMES COLLECTIVELY.

OKAY, SO BASICALLY WHAT'S IN PLACE NOW AS FAR AS WHEN THE LIGHTS ARE FLASHING, WOULD BE CONSISTENT WITH THE HOURS THAT THESE CAMERAS WOULD BE OPERATIONAL.

THAT IS CORRECT. OKAY. AND CAN I ADD ONE POINT? SO I WAS AT A FOOTBALL GAME ON FRIDAY. CRAZY CROSSING BACK AND FORTH WITH ON AIRPORT DRIVE.

THOUSANDS OF PEOPLE THERE. CONSIDERATIONS FOR HIGH IMPACT TIMES AROUND SCHOOLS TOO. I'M JUST THROWING THAT OUT THERE.

THAT MAY BE CONTRARY TO WHAT MY COLLEAGUE IS SAYING, BUT I WAS I WAS SCARED FOR PEOPLE CROSSING AFTER THE FOOTBALL GAME AND BEFORE THE FOOTBALL GAME ON FRIDAY, AND IT WAS A SOLD OUT GAME. SO IT'S THOUSANDS OF PEOPLE TRYING TO GET ACROSS THE STREET TO THEIR CARS, ETC.. SO AND CARS WERE FLYING THROUGH ITS DIMLY LIT ON AIRPORT DRIVE.

SO MAYBE SOMETHING TO CONSIDER WITH SUPER HIGH IMPACT EVENTS.

IT'S A GREAT, GREAT POINT. AND THAT'S NOTED AND SOMETHING WE CAN DEFINITELY DISCUSS.

I DO THINK JUST TO CHIME IN AND MR. NEWBY, BECAUSE WE DID TALK ABOUT THIS BEFORE.

IT DOES DEFINE IT, I THINK IN THE SCHOOL CROSSING CODE 30 MINUTES BEFORE OR 30 MINUTES AFTER SCHOOL.

AM I CORRECT ABOUT THAT? I ACTUALLY DID NOT RESEARCH THAT IN ADVANCE OF THIS MEETING.

I THINK MISS ROWNTREE'S POINTS WELL TAKEN. WHAT'S BEING PROPOSED THIS EVENING IS WHAT'S WHAT'S CURRENTLY HAPPENING AS FAR AS THE FLASHING LIGHTS.

[01:45:05]

AND NO TICKET CAN BE ISSUED UNDER THESE PHOTO SPEED CAMERAS UNLESS THE CAMERAS SHOW THAT THE LIGHTS WERE FLASHING.

THAT IS OKAY. AND SO WHEN SCHOOL IS NOT OPERATIONAL DURING SUMMER, THINGS LIKE THAT, OR I GUESS, I GUESS MAYBE WHEN SUMMER SCHOOL IS IN. SO I SAY THAT TO SAY THIS IS NOT SOME.

THIS IS NOT GOING TO EXPAND WHEN THE SCHOOL ZONE LIGHTS ARE FLASHING.

JUST BECAUSE WE'RE INSTALLING THESE CAMERAS, IT'S GOING TO BE CONSISTENT WITH WHAT HAS ALWAYS BEEN THE LAW FOR ADDITIONAL FINES IN A SCHOOL ZONE. THAT'S CORRECT. OKAY. SO I'M TRYING TO MAKE MAKING SURE I UNDERSTAND THE MECHANISM OF HOW THIS IS GOING TO WORK.

SO CAMERA IS INSTALLED, A PHOTO WAS TAKEN AND WHO WAS RESPONSIBLE WOULD BE SOMEBODY FROM HPD OR A VENDOR.

I KNOW WE'RE GOING TO CONTRACT OR PROPOSING A CONTRACT WITH A VENDOR FOR A PORTION OF IT.

WHO ACTUALLY IS RESPONSIBLE FOR TAKING IT FROM THE PHOTO TO A SUMMONS.

IT'S A THREE TIERED. IT IS A THREE TIERED APPROACH.

SO THE VENDOR, THE SELECTED VENDOR WILL CAPTURE THE THE VIOLATION.

THEY VALIDATE IT AND THEN IT IS SENT TO HKPD HENRICO POLICE TO ALSO VALIDATE FROM EITHER A SWORN OR RETIRED MEMBER IN COMPLIANCE WITH STATE STATUTE AS OF JULY 1ST, 2026. OKAY. AND WHEN THEY VALIDATED, THEY'RE VALIDATING IT WITH WHAT THEY'RE ACTUALLY VERIFYING THE INFORMATION.

THEY'RE VERIFYING THE THE DMV INFORMATION FOR THE VIOLATION AND WITNESSING THAT THE LIGHTS WERE FLASHING.

OKAY. SO SOMEBODY THAT SOMEBODY WITH THE VENDOR IS LAYING EYES ON THE PHOTO, CHECKING IT WITH DMV, PASSING THAT INFORMATION ON TO HPD. SOMEBODY ON HPD IS LAYING EYES ON IT, VERIFYING THE PHOTO, VERIFYING THE LIGHT, CHECKING THE DMV REGISTRATION.

THAT IS CORRECT. OKAY. AND THEN A SUMMONS IS ISSUED, AND I BELIEVE IT SAID THAT SUMMONS HAS TO BE ISSUED WITHIN 30 DAYS FROM THE VIOLATION. IS THAT RIGHT? YEAH.

BASICALLY IT WILL SET OUT OPERATIONAL STANDARDS WITH THE SELECTED VENDOR.

BUT YES, THE THE INFORMATION IS SENT TO US AND ISSUED OUT WITHIN THAT 30 DAYS.

OKAY. SO THERE IS THEN A REBUTTABLE PRESUMPTION THAT THE OWNER IS THE PERSON DRIVING.

SO ESSENTIALLY THE PHOTO IS TAKING, THE CAMERA IS TAKING A PHOTO OF THE VEHICLE AND THE PLATE, AND THERE'S A REBUTTABLE PRESUMPTION THAT IT'S THE OWNER OF THE VEHICLE THROUGH DMV THAT IS THE DRIVER.

AND I SAY REBUTTABLE BECAUSE THE, THE SUMMONS AND THE LETTER THAT THE PERSON GETS SAYS, HERE ARE THE WAYS THAT YOU CAN REBUT THIS PRESUMPTION.

ONE WAY IS TO SEND AN AFFIDAVIT TO THE CLERK OF COURT SAYING, NOT ME.

HERE'S WHO IT IS, AND YOU HAVE TO INCLUDE THE NAME AND ADDRESS.

SECOND WAY IS TO SHOW UP FOR THE COURT DATE THAT IS ASSIGNED AND TESTIFY, NOT ME.

HERE'S THE PERSON'S NAME AND ADDRESS. IS THAT RIGHT? CORRECT. CORRECT. AND THE STATUTE VERY SPECIFICALLY SAYS NAME AND ADDRESS.

SO FOR EXAMPLE, SOMEBODY DRIVING MY VEHICLE AND IT'S, YOU KNOW, SOMEBODY, A FRIEND OF MY SON'S OR SOMETHING, AND I DON'T KNOW THEIR ADDRESS OR SOMETHING THAT COULD, IN THEORY BE SOMETHING THAT FAILS TO REBUT THE PRESUMPTION.

THAT'S CORRECT. ALL RIGHT. SO THE STATUTE PROVIDES THAT IT DOESN'T HAVE TO BE SERVED BY THE SHERIFF.

THE SUMMONS CAN BE MAILED, AND I ASSUME THAT THAT WOULD BE THE PRACTICE THAT IS EMPLOYED.

AND THEN THERE'S A COURT DATE. IF THE PERSON NO SHOWS FOR THAT COURT DATE, THEY DON'T GET THEY DON'T GET ISSUED A SHOW CAUSE OR ANYTHING LIKE THAT.

THAT THEN CAUSES A SECOND LETTER TO BE SENT. IS THAT CORRECT? THAT IS THAT IS ACCURATE? YES. NOW, IF THAT SECOND COURT DATE IS MISSED, THEN I WOULD SAY KIND OF ONE OF THE HEAVY HANDED PORTIONS OF THIS IS DMV IS THEN INSTRUCTED TO PUT A HOLD ON RENEWING THE VEHICLE REGISTRATION.

WITH STATE STATUTE AS OF JULY 1ST, 2026, THAT IS AN OPTION.

AND THOSE WOULD BE DISCUSSED IN OUR OPERATIONAL PLAN.

SO SO WE DON'T KNOW IF THAT'S WHAT WE'RE GOING TO DO IN HENRICO YET.

SO WE'LL CONTINUE TO WORK WITH ALL STAKEHOLDERS TO INCLUDE THE CLERKS, THE COURTS, ETC..

BUT THAT IS AN OPTION TO DO DMV HOLDS AS RELATED TO PHOTO SPEED ENFORCEMENT.

OKAY. IS THERE SOME WAY THAT THAT ME? I DON'T NECESSARILY PAY A WHOLE LOT OF ATTENTION TO THE MAIL THAT COMES TO MY HOUSE ALL THE TIME. DO WE HAVE CONTROL OVER WHETHER THERE'S SPECIAL ANNOTATIONS ON THE ENVELOPE OR SOMETHING THAT CALLS PEOPLE'S ATTENTION TO THE ENVELOPE TO SAY, THIS IS SOMETHING YOU NEED TO NOT JUST TOSS. WE WOULD DEFINITELY CONTINUE TO WORK FOR BEST PRACTICES WITH OUR VENDOR THAT THE SELECTED VENDOR TO BRING ALL. AND THAT WOULD ALSO BE PART OF OUR PR CAMPAIGN.

SO WE'D WORK VERY CLOSELY WITH NOT ONLY THE VENDOR, BUT OUR PUBLIC RELATIONS TEAM FOR HENRICO COUNTY PUBLIC SAFETY TO ENSURE THAT THERE'S NOT ONLY ON SOCIAL MEDIA, BUT OUR WEBSITE, WHICH IS FORWARD FACING TO OUR PUBLIC THAT WE SERVE, AS WELL AS OUR MEDIA PARTNERS TO REALLY SHOWCASE HOW WE'RE IMPLEMENTING THIS PROJECT.

[01:50:07]

YEAH. AS ACTUALLY PART OF THE STATE STATUTE IS THAT IT SPECIFICALLY SAID, YOU HAVE TO PUT IT ON YOUR SOCIAL MEDIA, YOU HAVE TO PUT IT ON YOUR WEBSITE. ALSO INCLUDING I THINK A LINK TO THE VENDOR.

IS THIS SOMETHING WHERE THERE HAS, HAS TO BE LIKE AN RFP TO A VENDOR AND A COMPETITIVE BID PROCESS? OR HOW IS THE VENDOR SELECTED? THERE IS COOPERATIVE AGREEMENTS THROUGHOUT THE COMMONWEALTH OF VIRGINIA.

AND SO WE WOULD BE ABLE TO OPERATE UNDER A COOPERATIVE AGREEMENT.

OKAY. AND SO HOW HAVE WE ALREADY IDENTIFIED A VENDOR THAT IS PREFERRED? THERE ARE TWO VENDORS. OKAY. NONE OF THEM IS FLOC, RIGHT? SO HOW DO HOW DO WE KNOW WITH A LEVEL OF CONFIDENCE THAT THE VENDOR THAT IS BEING SELECTED IS A VENDOR THAT IS IS TRUSTWORTHY? WELL, I'VE BEEN DEALING WITH THE PROCESS AND REVIEWING AND INTERVIEWING EACH OF THE VENDORS.

AND FOR ME TO STAND BEHIND A PRODUCT I'VE TOURED, SPOKEN WITH EACH OF THE MEMBERS, AND REALLY STAND BEHIND THE PRODUCT AND SEE THEIR OPERATIONS FIRSTHAND. OKAY. IT'S ALSO ALSO YOU LOOK AT OTHER OTHER LOCALITIES THAT MAY HAVE BEEN USING THE SAME VENDOR.

YOU KNOW, WE RELY A LOT ON OUR PARTNERS IN LAW ENFORCEMENT AND MAY HAVE ALREADY USED THEM, GET SUGGESTIONS AND IDEAS FROM THEM TO SEE HOW IT'S WORKED FOR THEM AS WELL.

AND SO THE VENDORS THAT WE'RE, WE'RE LOOKING INTO THE AGENCIES I'VE SPOKEN WITH HAVE NOT HAD ANY ISSUES CONCERNING THAT.

OKAY. AND SO THE, THE DISTINGUISHING FEATURE OF THIS, OF THESE CAMERAS IS THAT IT IS ALL LOCAL AND IN-HOUSE.

SO IT IS LIMITED STRICTLY TO HENRICO COUNTY POLICE AND THE VENDOR.

THAT'S CORRECT. YES. AND THE STATUTE ACTUALLY EXPLICITLY BARS ANY OF THE DATA FROM BEING SOLD.

THE DATA IS NOT OPEN TO THE PUBLIC. THE DATA CANNOT BE SHARED WITH ANY OTHER ENTITY, CANNOT BE USED FOR ANY PURPOSES OTHER THAN NON TRAFFIC PURPOSES. CORRECT. AND IT CAN'T BE. WE'RE GOING TO USE THIS PHOTO TO PROVE THAT THIS PERSON WAS IN THIS AREA FOR SOME OTHER PURPOSE OR ANYTHING LIKE THAT.

THAT'S CORRECT. THAT'S CORRECT. AND 60 DAY 60 DAY PURGE.

21 DAYS. 21 DAY PURGE. 21 DAY PURGE. SO HOW DID I SAW THAT? AND I THOUGHT THAT I COULDN'T RECONCILE THAT IN MY MIND, BECAUSE IF THE STATUTE ALLOWS 30 DAYS FOR THE VENDOR TO ISSUE THE SUMMONS, BUT THE DATA CAN BE PURGED WITHIN 21 DAYS, HOW DOES THAT WORK? THAT'S IT'S MY IT'S MY UNDERSTANDING. IF A SUMMONS IS ISSUED, IT'S ALLOWED BEYOND THE 21 DAYS.

IF THERE'S A CITATION ISSUE THAT GOES BEYOND 21 DAYS.

OKAY. BUT IN ESSENCE, IF THE VENDOR HAS NOT IDENTIFIED IT AT 21 DAYS, EVEN THOUGH THERE'S NINE DAYS LEFT, IT'S NOT GOING TO BE ISSUED. THAT'S CORRECT. OKAY.

OKAY. THERE IS LET'S SEE.

THERE IS A 30 DAY GRACE PERIOD FROM THE TIME THE CAMERAS ARE INSTALLED, AND THAT 30 DAY GRACE PERIOD APPLIES TO EACH SPECIFIC LOCATION.

THAT IS ACCURATE. YES. OKAY, SO THE ROLLOUT IS, I ASSUME, NOT GOING TO BE ALL AT ONCE.

IT'S GOING TO. IS IT GOING TO I KNOW YOU'VE IDENTIFIED CERTAIN SCHOOLS THAT YOU PLAN TO PLACE IT AT.

THAT'S CORRECT. OKAY. CAN YOU I KNOW YOU'VE GIVEN THAT INFORMATION TO US. CAN YOU SHARE WHAT SCHOOLS THAT ARE PLANNED TO BE PLANNED TO BE ROLLED OUT FIRST? THE PLAN IS TO ROLL OUT ALL THE HIGH SCHOOLS AND TWO MIDDLE SCHOOLS, FAIRFIELD AND TUCKER.

OKAY. NOW, THE STATUTE HAS, YOU KNOW, KIND OF A DELINEATION BETWEEN JULY 1ST, 2027, PRE AND POST.

AND SO IT STATES THAT UNTIL FROM NOW, FROM IMPLEMENTATION UNTIL JULY 1ST, 2027, THERE IS A REQUIREMENT FOR ONE SIGN TO NOTIFY DRIVERS.

AND THEN AFTER JULY 1ST, 2027, IT'S A MINIMUM OF TWO SIGNS, ONE OF WHICH ONE OF WHICH MUST INCLUDE A SPEED DISPLAY.

AND I TAKE THAT TO MEAN A SIGN THAT SAYS YOU'RE GOING X AMOUNT.

THAT'S RIGHT. OKAY. I THOUGHT THAT WAS A LITTLE.

NO DISRESPECT TO MY GENERAL ASSEMBLY FOLKS, BUT I THOUGHT THAT IT WOULD SEEM TO ME THAT YOU WOULD START OUT WITH MORE SIGNS, BECAUSE AFTER A YEAR, FOLKS PROBABLY WOULD ALREADY KNOW THAT IT'S THERE. DO WE HAVE THE ABILITY TO START OUT WITH THE SIGN WITH THE TWO SIGNS, AND MAYBE EVEN THE SPEED DISPLAY INITIALLY? YEAH.

I DON'T THINK THE STATUTE NEGATES THE FACT THAT WE COULD DO MORE. SO IF THAT'S WHAT WE DECIDE TO DO, THEN YES, WE COULD MAKE THAT HAPPEN. OKAY. AND IS THE THOUGHT THAT WE'RE GOING TO START WITH THOSE IDENTIFIED SCHOOLS? SEE, SEE HOW IT GOES WITH THE EXPECTATION THAT IT WOULD BE MOST OF THE SCHOOLS, IF NOT ALL OF THE SCHOOLS IN THE COUNTY AT SOME POINT.

YES, THAT IS THE PLAN. YOU KNOW, THE OVERALL GOAL IS TO REDUCE SPEEDS IN THOSE THOSE LOCATIONS.

WELL, AND IN FROM WORK SESSION, WE DID COVER THE FACT THAT SOME SOME MOSTLY ELEMENTARY SCHOOLS MAY NOT LEND THEMSELVES TO BECAUSE OF THEIR LOCATION. RIGHT.

SO IT'S NOT ALL SCHOOLS, BUT ULTIMATELY. YES.

[01:55:03]

OKAY. SO SOME SCHOOLS MAY BE TUCKED AWAY IN NEIGHBORHOODS SUCH THAT THERE REALLY ISN'T AN ISSUE WITH SPEEDING AND. CORRECT.

OKAY. THIS DOES NOT RESULT IN ANY CRIMINAL LIABILITY.

NO POINTS ON ANYONE'S DRIVING RECORD, ANYTHING LIKE THAT.

AND AGAIN, EVEN IF SOMEBODY MISSES THE COURT DATE, THEN THE SANCTION IS POSSIBLY A DMV HOLD, BUT NOT A SHOW CAUSE, NOT A FAILURE TO APPEAR.

NO, NO SNOWBALLING EFFECT OF OF MISSING THIS.

THAT IS CORRECT. OKAY. AND THERE IS A REQUIREMENT THAT EVERY YEAR WE PROVIDE DATA TO THE GENERAL ASSEMBLY.

AND I THINK DMV, IF I'M NOT MISTAKEN, OF HOW MANY HAVE BEEN ISSUED, HOW MUCH REVENUE HAS COME IN AND SO FORTH AND SO ON.

THAT'S ACCURATE. YES. AVAILABLE TO THE PUBLIC.

THAT'S CORRECT. IS THERE SOME THOUGHT TO MONITORING THAT ON A YEARLY BASIS AND SEEING, YOU KNOW, WHETHER THIS IS SOMETHING THAT IS WORKING, REDUCING SPEEDS OR ANYTHING LIKE THAT? YEAH, I THINK I ACTUALLY THINK IT WILL BE PREVALENT FOR US TO DO IT AND QUICKER THAN THAT THAN A YEARLY BASIS.

YOU KNOW, THE OVERALL GOAL IS TO MAKE SURE THE SPEED IS BEING REDUCED IN THOSE LOCATIONS.

AND SO THE THE LEAST AMOUNT OF SUMMONSES OR CITATIONS BEING ISSUED GIVES US SOME INDICATION THAT PEOPLE ARE GETTING THE MESSAGE ABOUT THOSE AREAS.

AND SO I THINK WE WOULD BE DOING IT MORE, MORE FREQUENTLY THAN JUST ON A YEARLY BASIS.

GOTCHA. OKAY. I THINK I UNDERSTAND THE PROCESS.

AND, YOU KNOW, I'M ALWAYS TRYING TO MAKE SURE THAT THERE IS A DUE PROCESS ELEMENT TO IT.

THE FINE. AND I SPOKE ABOUT THIS IN WORK SESSION TOO.

SO THE STATUTE BY MAX ALLOWS A $100 FINE. AND SO WHAT IS BEING PROPOSED IS RIGHT AT AT THAT MAX.

YOU KNOW, I, I DON'T KNOW THAT I BELIEVE THAT A $50 FINE, WHICH I KNOW SOME NEIGHBORING JURISDICTIONS START AT IS MORE, MORE OF A DETERRENT THAN A $100 FINE. I DON'T THINK SOMEBODY IS GOING TO BE SAYING, OH, I'LL SPEED IF IT'S, IF IT'S 50, BUT NOT IF IT'S 100. BUT I DO THINK THAT A DIFFERENCE IN THAT COULD COULD MEAN WHETHER SOMEBODY IS ABLE TO PAY AN IMPORTANT BILL ON THAT PARTICULAR MONTH.

AND SO I DO I WOULD INVITE SOME DISCUSSION AMONGST MY COLLEAGUES AS TO WHETHER, STARTING AT THAT $100 FINE LIMIT, YOU KNOW, SOMETHING THAT WE CAN TALK ABOUT. I DO KNOW SOME OTHER JURISDICTIONS HAVE A GRADUATED.

SO IF THE FIRST ONE IS 50 AND THEN A SECOND ONE COULD GO UP TO THE 100, IS THAT SOMETHING WE COULD DO? I THINK ALL THOSE I THINK ALL THOSE OPTIONS ARE ON THE TABLE.

I JUST WILL WILL INDICATE, THOUGH, THAT IF A POLICE OFFICER STOPPED YOU IN THOSE SCHOOL ZONES, SPEEDING THAT TICKET WOULD BE MUCH MORE THAN $100 IN THE COURT.

FROM A CIVIL PENALTY TO A CRIMINAL OFFENSE, IT WOULD BE MUCH HIGHER.

AGREED. BUT THE DIFFERENCE IS, IN THAT SCENARIO, YOU'RE INTERACTING WITH A POLICE OFFICER.

YOU KNOW THAT YOU'RE GETTING THE TICKET. THEY KNOW THAT YOU'RE THE ONE DRIVING IT LIKE THEY'RE YOU'RE CHECKING OFF THE BOXES FOR A LOT OF ASSUMPTIONS THAT ARE BEING MADE WHEN IT'S A PHOTO CAMERA AS OPPOSED TO AN IN-PERSON CAMERA.

SO IT'S KIND OF LIKE THIS TRADE OFF TO SAY WE DON'T HAVE THE 100% CERTAINTY THAT WE DO WHEN IT'S A POLICE OFFICER IS ISSUING A CITATION WHEN IT'S A, A CAMERA. AND I THINK A LOT OF PEOPLE, YOU KNOW, YOU KIND OF GET THAT VISCERAL FEELING.

YOU GET SOMETHING IN THE MAIL WHERE A PHOTO WAS TAKEN OF YOU AND IT'S LIKE, WAIT A MINUTE, I DIDN'T KNOW THIS WAS BEING TAKEN. HOW DO I KNOW THAT I WAS THERE? LET ME CHECK. MY CALENDAR WAS, YOU KNOW, WAS THAT EVEN ME? YOU DON'T HAVE ANY OF THAT WHEN IT'S A POLICE OFFICER STOPPING YOU IN THE MOMENT. SO I DO THINK THERE IS A LITTLE BIT OF A JUSTIFICATION FOR, YOU KNOW, I DON'T THINK IT'S A FAIR APPLES TO APPLES COMPARISON TO SAY THAT THE FINE SHOULD BE THE SAME AS WHAT IT WOULD BE FOR FOR A COURT PROCESS.

BUT OKAY. I THINK THAT'S ALL MY QUESTIONS FOR NOW.

THANK YOU. THANK YOU SO MUCH, MR.. SCHMIDT. I HAVE NO QUESTIONS ON IT.

YOU GAVE US A FAIRLY EXTENSIVE BRIEFING IN WORK SESSION ABOUT IT.

I MEAN, TO ME, ALL OF MY COLLEAGUES CONCERNS ARE VALID.

I VALID. I APPRECIATE HER EXPERTISE IN BRINGING THEM UP. FOR ME, IT IS SIMPLY ABOUT WHAT THE CHIEF JUST SAID.

THERE'S NO WAY, SHAPE OR FORM I WOULD EVER FIND MYSELF NOT SUPPORTING A WAY TO KEEP THESE KIDS AND FAMILIES SAFE.

CROSSING MILL ROAD, GOING TO GLEN ALLEN ELEMENTARY FROM A NEIGHBORHOOD RIGHT ACROSS THE STREET.

I HAVE A COUPLE OF THOSE SCHOOLS THAT WOULDN'T BE CANDIDATES.

SPRINGFIELD ELEMENTARY IS ONE OF THEM, JUST NOT A CANDIDATE ON THAT BACK ROADS.

BUT THERE'S. BUT DUMBARTON, I MEAN, WOW, LIKE HUNGRY SPRING RIGHT THERE.

HERMITAGE. WE HAVE A CROSSWALK THAT THEY DON'T USE.

THEY CROSS MID-BLOCK. THERE'S NO WAY, SHAPE OR FORM.

I COULD FIND MYSELF NOT BEING SUPPORTIVE OF SLOWING FOLKS DOWN IN A SCHOOL ZONE.

RESOURCES. THIS COUNTY SPENDS SO MUCH MONEY ON PUBLIC SAFETY RESOURCES.

RIGHTFULLY SO, BUT YOU CAN NEVER PUT A PATROL CAR EVERYWHERE WE TALKED.

CHIEF, WE MET LAST WEEK ABOUT CROSSING GUARDS AND THE NEED FOR THESE THINGS.

AND THE RESOURCES JUST DON'T EXIST. AND THE ACCEPTANCE OF TECHNOLOGY HAS GOT TO BE A PIECE OF THIS.

[02:00:05]

CERTAINLY THE CONCERNS THAT WE JUST HEARD ARE THERE VIABLE QUESTIONS AND THEY'RE REAL CONCERNS.

AND THE PURGING OF THE RECORDS AND THE THE TRUST OF THE VENDOR.

I LOVE THE FACT THAT OUR LAW ENFORCEMENT OFFICERS ARE GOING TO SEE IT FOR THEMSELVES AND VALIDATE IT, BUT SLOW SLOWING PEOPLE DOWN IN SCHOOL ZONES IS A PRIORITY, SHOULD BE A PRIORITY OF OURS.

KEEPING THESE KIDS FOLKS SAFE, PROTECTING THE DATA WITH WHICH WE DO IT WITH SHOULD BE JUST AS MUCH AS A PRIORITY.

I DON'T HAVE A PROBLEM WITH THE FINE PERSONALLY.

IT'S LESS THAN IF YOU GET PULLED OVER, AND I GET THAT.

I LIKE THE VALIDATION THAT YOU'VE ADDED. I LIKE THE FACT THAT IT'S THAT IT'S SPECIFIC TO SCHOOL ZONES RIGHT NOW I DO.

I'M WITH MR. NELSON ON THAT. AFTER A FOOTBALL GAME.

I CAN SEE THE PURPOSE OF IT, AND I WOULD LIKE TO WORK WITH OUR SCHOOLS IF WE COULD ACTIVATE THESE FLASHING LIGHTS.

THESE FOLKS DON'T JUST PARK IN THESE PARKING LOTS.

YOU KNOW, THEY'RE WALKING. THESE FOLKS ON STAPLES MILL FROM GLEN ALLEN ARE WALKING ACROSS STAPLES MILL BACK TO THEIR HOMES AFTER FOOTBALL GAMES.

THERE'S A SAFE SIGNAL CROSSWALK THERE. THANK YOU. THANK YOU TO RALPH AND STEVE FOR YOUR WORK ON THAT.

BUT THERE'S JUST WE HAVE THESE WE HAVE PEDESTRIAN PROBLEMS IN THIS COUNTY.

WE'VE SEEN THEM. WE'RE DOING EVERYTHING WE CAN TO FIGHT THEM. AND THIS IS ANOTHER TOOL TO FIGHT THEM AND SLOWING PEOPLE DOWN WHERE THESE KIDS AND FAMILIES AND ADULTS, ADULTS ARE CROSSING. I CERTAINLY AM SUPPORTIVE OF.

SO I APPLAUD THE WORK ON IT. I KNOW THAT THIS IS A TOPIC OF DISCUSSION AMONG RESIDENTS.

I HAD RESIDENTS TEXTED ME TONIGHT TELLING ME THAT THEY DON'T SUPPORT IT.

I HAVE RESIDENTS TEXTED ME ALL WEEK SAYING THEY DO, I GET IT.

I THINK AT THE END OF THE DAY, THE JUDGMENT CALL, ERRING ON THE SIDE OF PROTECTING PEOPLE, CROSSING STREETS IN THIS COUNTY WHEN WE HAVE SEEN TRAGEDIES.

THIS KID FROM HERMITAGE KILLED ON STAPLES MILL.

75 YARDS FROM A SIGNALED SAFE CROSSING. I MEAN, I KNOW THAT'S NOT IN A SCHOOL ZONE, BUT THE POINT IS REAL.

SO I SAY THANK YOU. I ALSO WOULD SAY, IN RESPONSE TO MY COLLEAGUE'S COMMENTS, I APPRECIATE THE REGULAR ATTENTION TO IT.

LET'S STAY ON IT AND MAKE SURE IT'S USED PROPERLY AND MAKE SURE IT'S USED EFFECTIVELY, AND MAKE SURE IT'S SLOWING DOWN, SPEEDING. AND LET'S ASSIST OUR OFFICERS OUT THERE WHO ARE DOING THE GREAT JOB EVERY DAY BUT CAN'T BE EVERYWHERE. HOW MANY TIMES DO I SEND AN EMAIL IN ASKING FOR A PATROL CAR ON LIBBY TO SIT THERE BECAUSE I GOT SPEEDING COMPLAINTS OR SOMEONE ON STONEMAN WHERE I KNOW AN OFFICER SAID ON STONEMAN FOR ME FOR A WEEK HERE AND THERE DURING DURING HIGH PROFILE AREAS AND, YOU KNOW, USING TECHNOLOGY, AS LONG AS IT'S MONITORED BY YOU FOLKS AND IT'S USED IN A TRUSTWORTHY MANNER, I FULLY SUPPORT. THANK YOU. MR.. THANK YOU, MR. CHAIR. YES, SIR. MR.. MR. ROGERS? YEAH, JUST A COUPLE A COUPLE OF THINGS.

ONE, MR. NEWBIE, YOU MAYBE HAD A CHANCE TO MAYBE JUST CHIME IN ON MY QUESTION BEFORE.

CAN WE PUT IT IN A LIKE DURING A FOOTBALL GAME IN HIGHLAND SPRINGS OR FREEMAN, ETC.? YES, SIR. YOUR MEMORY WAS VERY GOOD. I'VE HAD A CHANCE TO REVIEW THE CODE SECTION.

IT SETS DEFAULT TIMES WHEN SCHOOL. EXCUSE ME.

THE BLINKING LIGHTS ARE SUPPOSED TO BE ON WHEN SCHOOL ZONES ARE ACTIVATED, AND IT DOES ALLOW FOR SUCH TIMES AS THE PRESENCE OF CHILDREN GOING TO OR FROM A SCHOOL REASONABLY REQUIRES A SPECIAL WARNING TO MOTORISTS.

SO I THINK A DISCUSSION WITH YOUR SCHOOL COUNTERPARTS COULD BE EFFECTIVE IN EITHER EXPANDING.

OTHER TIMES THOSE FLASHING LIGHTS ARE OCCURRING OR JUST CONSIDERING THE FULL SCOPE OF WHEN THEY'RE ON.

OKAY. THANK YOU. AND THEN CHIEF, CAN YOU OR CAPTAIN PECK EITHER ONE CAN YOU REMIND THE PUBLIC HOW MANY TICKETS? I THINK YOU TOLD US IN THE WORK SESSION ROUGHLY 4 OR 500 PER YEAR.

BUT CAN YOU REMIND US THE LAST COUPLE OF YEARS, THE TICKETS THAT YOU DID ISSUE IN SCHOOL ZONES? YES, SIR. SCHOOL YEAR 2324. THERE WAS JUST UNDER 500.

487, TO BE EXACT. SCHOOL YEAR 24 THROUGH 25 WAS 700 AND SCHOOL YEAR 2526.

355. OKAY. THANK YOU. I GUESS MY LAST COMMENT, JUST FOR THE PUBLIC AND MY COLLEAGUE DID AN EXCELLENT JOB OF SUMMARIZING. 46.2882.1, WHICH IS THE CODE. AND I JUST WOULD ENCOURAGE FOLKS TO ACTUALLY READ THIS BECAUSE IT DOES GIVE US THE AUTHORITY AND A DILLON RULE STATE.

THE THE COMMONWEALTH DOES GIVE US THE AUTHORITY TO TO IMPLEMENT THIS.

AND IT IS VERY WELL LAID OUT FROM OUR LEGISLATORS AND WHAT WE CAN AND CAN'T DO.

SO AND THANK YOU, MISS ROUNDTREE, FOR SUMMARIZING THIS IN A VERY ASTUTE WAY.

THANK YOU. THANK YOU SO MUCH, MISS ROGERS. NELSON, ANYTHING RIGHT NOW? YEAH, I HAD, I HAD I HAD A LOT OF ROUNDTREE, SAID TEN MINUTES OF WHAT I SAID, SO ALL THE QUESTIONS I HAD SHE ASKED SHOW ME. NO, SERIOUSLY, SERIOUSLY, I APPRECIATE YOUR LINE OF QUESTIONING AND ALL OF MY COLLEAGUES, EVERYTHING THEY SAID. I, I IT'S JUST TWO THINGS.

[02:05:02]

ANYTHING THAT WE CAN DO TO DETER SPEEDING. AND SO I LIKE, I LIKE THE $100 BECAUSE I DO THINK IT PROVIDES SHOCK VALUE.

IT MAY IMPACT SOMEBODY, BUT I GUARANTEE YOU, IF SOMEBODY GET IF YOU GET HIT WITH THAT, YOU'RE GOING TO MAKE SURE THAT YOU SLOW DOWN NEXT TIME YOU ARE IN FRONT OF A SCHOOL. I, I HAVEN'T RECEIVED A WHOLE LOT OF DON'T DO THIS.

AND I WOULD BE SHOCKED IF I DID GET A LOT OF DON'T DO THIS.

BECAUSE ONE THING I BELIEVE MOST OF US WANT OUR KIDS SAFE.

SO I'M, I'M, I'M ALL FOR IT AND I'M FOR THE $100 FINE.

AND I WOULD LIKE MISTER CHAIR. MAYBE IF YOU CAN REACH OUT TO THE SCHOOL BOARD CHAIR TO SEE IF WE CAN EXPAND IT DURING SPECIAL TIMES, I WOULD ASSUME THE SCHOOLS CAN LOOK AT THAT CALENDAR AND DETERMINE WHEN THEY MAY HAVE MORE PEOPLE, AND THEY CAN PUT THE FLASHING LIGHTS ON OR WHATEVER. BUT I KNOW AND MR. YOB AND MR. HUGHES OUT FRIDAY NIGHT, I, I KNOW THAT THERE'S A NEED TO LIGHT UP AIRPORT DRIVE SOME WAY.

WE NEED TO PUT SOME SOLAR LIGHTS OR SOMETHING OUT THERE BECAUSE IT IS A DANGEROUS PLACE.

AND I REALLY WAS LIKE WORRIED, YOU KNOW, IT'S LIKE WATCHING KIDS PLAY FROGGER BACK IN THE DAY, TRYING TO JUMP ACROSS TO GET TO THE CARS PARKED ON THE OTHER SIDE.

AND EVEN THOUGH MESA ROAD IS JUST TWO LANES, IT'S THE SAME THING BECAUSE WE HAVE A PARKING LOT ACROSS THE SCHOOL AND ACROSS THE STREET FROM THE SCHOOL. SO THAT'S MY COMMENT. THANK YOU SO MUCH, REVEREND NELSON.

CHIEF CAPTAIN, THANK YOU SO MUCH. THIS IS A PUBLIC HEARING.

THE MANAGER HAS INDICATED THAT NO ONE HAS SIGNED UP TO SPEAK, BUT I HAVE BEEN INFORMED THAT THERE ARE THOSE PRESENT WHO WOULD LIKE TO SPEAK.

SO IF YOU'D LIKE TO SPEAK TO THIS ISSUE, WE ASK THAT YOU GO BACK TO THE BACK PODIUM AND AT THIS TIME FORM A LINE.

IF YOU COULD JUST STATE YOUR NAME, IF YOU DON'T MIND, AND JUST YOUR GENERAL VICINITY OF WHERE YOU LIVE. THANK YOU MA'AM. MY NAME IS VICTORIA CRAWLEY AND I AM HERE REGARDING THE ONGOING PEDESTRIAN SAFETY CONCERNS ON AZALEA AVENUE SURROUNDING HENRICO HIGH SCHOOL.

FIRST, I WANT TO ACKNOWLEDGE THE PROPOSED ORDINANCE ALLOWING PHOTO SPEED MONITORING, MONITORING DEVICES IN SCHOOL CROSSING ZONES.

I SUPPORT TAKING ACTION TO REDUCE SPEEDING AROUND OUR SCHOOLS, AND I BELIEVE THAT THESE CAMERAS CAN BE ONE PART OF THE SOLUTION.

BUT I AM ASKING YOU TONIGHT TO RECOGNIZE THAT SPEED CAMERAS ALONE ARE NOT ENOUGH FOR WHAT IS HAPPENING ON AZALEA AVENUE, SPECIFICALLY THE DANGER I WITNESS IS NOT LIMITED TO SPEEDING.

DRIVERS ARE FAILING TO STOP FOR PEDESTRIANS ATTEMPTING TO USE THE CROSSWALK EVEN WHEN THE PEDESTRIAN WARNING LIGHTS ARE FLASHING.

SOMETIMES VEHICLES DO NOT STOP UNTIL THE LAST POSSIBLE SECOND.

I HEAR THE SCREECHING OF BRAKES WHEN PEDESTRIANS ARE TRYING TO CROSS SAFELY.

I HAVE WATCHED VEHICLES CONTINUE WHEN PEOPLE ARE ATTEMPTING TO CROSS, AND I HAVE PERSONALLY SPENT TIME EVERY SINGLE DAY HELPING STUDENTS SAFELY GET ACROSS THIS ROAD. I HAVE HOURS OF VIDEO FOOTAGE FROM BOTH LAST SCHOOL YEAR AND THIS SCHOOL YEAR DOCUMENTING THESE CONDITIONS. I WOULD LIKE TO FORMALLY SUBMIT THAT DOCUMENTATION.

SORRY THAT FOOTAGE FOR REVIEW TO BY THE APPROPRIATE SCHOOL, COUNTY LAW ENFORCEMENT AND TRAFFIC SAFETY OFFICIALS SO THAT YOU CAN SEE WHAT THOSE OF US STANDING ON AZALEA AVENUE ARE ACTUALLY EXPERIENCING.

THIS IS NOT A NEW CONCERN FOR ME OR THIS COMMUNITY.

MY SISTER AND I ARE BOTH ALUMNI OF HENRICO HIGH SCHOOL.

WE HAVE KNOWN THIS ROADWAY FOR DECADES, AND PEDESTRIAN SAFETY ALONG AZALEA AVENUE HAS BEEN LONGSTANDING, A LONGSTANDING CONCERN. UNFORTUNATELY, THE DANGER AT AZALEA AVENUE AND SANDPIPER DRIVE IS NOT HYPOTHETICAL.

ON NOVEMBER 18TH, 2024, 52 YEAR OLD HENRICO RESIDENT CAMILLA DAWN NICHOLS WAS STRUCK AND KILLED AT AZALEA AVENUE AND SANDPIPER DRIVE. AND THERE IS SOMETHING PARTICULARLY IMPORTANT ABOUT THAT TRAGEDY THAT I WANT THE BOARD TO UNDERSTAND.

THE PEDESTRIAN FLASHING WARNING SYSTEM HAD ALREADY BEEN INSTALLED AT THAT LOCATION WHEN MISS NICHOLS WAS KILLED.

I HEARD THAT ACCIDENT BECAUSE IT WAS OUTSIDE OF MY HOUSE.

I AM STILL TRAUMATIZED BY WHAT I HEARD THAT NIGHT.

TODAY, WHEN I HEAR TIRES SCREECHING BECAUSE A DRIVER HAS NOT STOPPED IN TIME AS PEDESTRIANS ARE ATTEMPTING TO CROSS, I AM REMINDED THAT OF THAT ACCIDENT AND HOW QUICKLY ANOTHER TRAGEDY COULD HAPPEN.

THIS IS WHY I'M CONCERNED ABOUT TREATING ANOTHER ENFORCEMENT OR WARNING MEASURE AS THOUGH IT COMPLETELY SOLVES THE PROBLEM.

WE ALREADY HAVE FLASHING PEDESTRIAN LIGHTS. DRIVERS CAN IGNORE THEM.

WE CAN INSTALL SPEED CAMERAS. A CAMERA CAN DOCUMENT A VIOLATION AND ISSUE A $100 PENALTY AFTER IT HAPPENS.

BUT NEITHER ONE GUARANTEES THAT A VEHICLE WILL STOP BEFORE SOMEONE GETS HURT.

[02:10:06]

WHAT I AM ASKING YOU TO CONSIDER IS WHAT IS ACTUALLY GOING TO MAKE TRAFFIC STOP SO THAT OUR CHILDREN CAN GET ACROSS THE ROAD SAFELY.

AND THIS CONCERN GOES BEYOND ONE INTERSECTION.

HENRICO HIGH SCHOOL STUDENTS CROSS AZALEA AVENUE AT SEVERAL DIFFERENT POINTS ALONG THE ROADWAY, NOT JUST THE DESIGNATED CROSSING AT SANDPIPER.

WE NEED TO LOOK AT THE ENTIRE SCHOOL CORRIDOR AND DETERMINE WHETHER ADDITIONAL MARKED CROSSWALKS, CONTROLLED PEDESTRIAN CROSSINGS, OR OTHER PEDESTRIAN SAFETY IMPROVEMENTS ARE NECESSARY.

SO TONIGHT I'M SPECIFICALLY REQUESTING TRAINED SCHOOL CROSSING GUARDS FOR HENRICO HIGH SCHOOL.

IN OTHER WORDS, NOT MYSELF OUTSIDE EVERY DAY.

I AM REQUESTING AN EVALUATION OF WHERE ADDITIONAL CROSSWALKS AND CONTROLLED PEDESTRIAN CROSSINGS MAY BE NEEDED ALONG AZALEA AVENUE BASED ON WHERE STUDENTS ARE ACTUALLY CROSSING, AND I AM REQUESTING A COMPREHENSIVE PEDESTRIAN SAFETY ASSESSMENT OF THE ENTIRE AZALEA AVENUE CORRIDOR.

SORRY, IT TURNED RED. I SUPPORT THE PROPOSED SPEED CAMERAS.

PLEASE APPROVE MEASURES THAT HOLD DANGEROUS DRIVERS ACCOUNTABLE.

PLEASE DO NOT MISTAKE ENFORCEMENT AFTER A VIOLATION FOR PREVENTION BEFORE A TRAGEDY.

WE HAVE THE FOOTAGE. WE HAVE THE NEAR MISSES.

WE HEAR THE SCREECHING BRAKES. WE ALREADY HAVE PEDESTRIAN WARNING SYSTEM.

AND AT AZALEA AVENUE AND SANDPIPER DRIVE, WE HAVE ALREADY LOST A LIFE.

OUR STUDENTS SHOULD NOT HAVE TO GAMBLE WITH WITH WHETHER AN APPROACHING DRIVER IS GOING TO STOP JUST TO SAFELY GET TO OR FROM SCHOOL.

PLEASE DO NOT WAIT UNTIL ANOTHER STUDENT, PARENT, COMMUNITY MEMBER, OR ANOTHER PEDESTRIAN IS SERIOUSLY INJURED OR KILLED BEFORE DECIDING THAT STRONGER PROTECTIONS ARE NECESSARY. WE SHOULD NOT NEED ANOTHER NAME ADDED TO THE LIST BEFORE WE ACT.

THANK YOU. THANK YOU. STAY RIGHT THERE REAL QUICK.

SO YOU AND I AND AND MR. YOUNG ARE SUPPOSED TO BE MEETING.

YES. YOU GOT MY EMAIL? YES. ALL RIGHT. SO I. MR. HUGHES IS OUR DIRECTOR OF WORKS. I WANT TO JUST INFORM YOU THAT WE HAVE ALREADY DONE THE TRAFFIC STUDY.

WE HAVE SOME THINGS IN WORKS FOR THAT SPECIFIC AREA.

SO YOU, MYSELF, MR. YOUNG AND MR. HUGHES ARE GOING TO MEET.

WE'RE GOING TO TALK TO YOU ABOUT THAT. OKAY. IS THAT OKAY? YES IT IS.

THANK YOU SO MUCH. THANK YOU. ALL RIGHT.

ARE YOU READY FOR ME? YES, SIR. YES, SIR. MY NAME IS MICHAEL KEEGAN AND I LIVE IN THE THREE CHOP DISTRICT.

I WROTE THIS WHOLE THING BEFORE I LISTENED TO MISS NELSON IN THE MEETING TONIGHT.

AND THIS WILL BE ADJUSTED ON THE FLY. WHILE THE IDEA OF TICKETING SPEEDERS IN SCHOOL ZONES IN ORDER TO HAVE SAFER SCHOOL ZONES FOR OUR STUDENTS IS COMMENDABLE. THERE ARE MANY UNANSWERED QUESTIONS BEHIND THIS SEEMINGLY INNOCUOUS CHANGE.

WHILE STUDENTS MAY INDEED BE SAFE FROM SAFER FROM SPEEDERS, INAPPROPRIATE USE OF THE CAMERA IMAGES MAY PUT LARGE SEGMENTS OF STUDENTS AND THEIR FAMILIES IN CONSIDERABLE DANGER. THIS MATTER SHOULD BE DELAYED UNTIL THE FOLLOWING QUESTIONS ARE ANSWERED PUBLICLY AND THE PUBLIC HAS A CHANCE TO REVIEW AND COMMENT ON THE ANSWERS. WHAT COMPANY WILL WILL BE PROVIDING THE CAMERAS TO BE USED? WILL THE CAMERAS BE PART OF THE FLOCK? FLOCK NETWORK, EITHER DIRECTLY OR INDIRECTLY.

WHAT PREVENTS OUR VENDOR FROM SHARING DATA WITH THE FLOCK NETWORK? WHERE WILL THE DATA BE STORED? WILL HENRICO COUNTY HAVE 100% CONTROL OF THE DATA AT ALL TIMES? WILL THE DATA EVER LEAVE HENRICO COUNTY? WE ALL KNOW THAT ONCE THE DATA LEAVES HENRICO COUNTY, THE COUNTY IMMEDIATELY LOSES ALL CONTROL OF HOW THE DATA IS USED.

WHAT AGENCIES OUTSIDE THE HENRICO POLICE DEPARTMENT WILL HAVE ACCESS TO THIS DATA DIRECTLY OR INDIRECTLY? EXACTLY WHICH POSITIONS IN HENRICO COUNTY WILL HAVE ACCESS? FOR WHAT PURPOSES WILL ACCESS BE GRANTED BEYOND SPEEDING TICKETS? WHAT SUPERVISORY CONTROLS WILL BE PUT IN PLACE OVER THOSE WHO REQUEST DATA? A KENTUCKY POLICE OFFICER WAS ARRESTED AFTER USING FLOCK CAMERA DATA TO TRACK HIS EX-GIRLFRIEND 2048 TIMES.

SOME MAY BRAG THAT THE OFFICER WAS CAUGHT, BUT THE OFFICER WAS NOT CAUGHT THE FIRST 2047 TIMES HE ACCESSED THE DATA INAPPROPRIATELY.

THAT IS NOT A SUCCESS. THAT'S AN ABSOLUTE FAILURE.

I'VE HEARD THAT THE DATA WILL BE STORED A DIFFERENT AMOUNT OF TIMES.

HOW LONG WILL THE DATA BE STORED WITH CERTAINTY WHEN THE DATA IS DELETED, WHILE BACKUPS OF THE DATA AND THE BACKUPS OF THE BACKUPS ALSO BE DELETED AT THE SAME TIME? WILL THE IMAGES BE TAKEN ONLY OF THOSE WHO ARE SPEEDING, OR WILL EVERYONE TRAVELING THROUGH THE SCHOOL ZONE HAVE THEIR LICENSE PLATES?

[02:15:06]

LICENSE PLATES CAPTURED AND TRACKED. WHERE WILL THE CAMERAS BE INSTALLED? I HEARD SOME DIFFERENT THINGS TONIGHT AND I WASN'T SURE I FOLLOWED IT ALL.

IT SOUNDS LIKE MOST OF THE SCHOOLS, BUT I'M NOT TRYING TO PUT WORDS IN ANYBODY'S MOUTH.

HISTORICALLY, BLACK AND BROWN COMMUNITIES ARE SURVEYED FAR MORE THAN WHITE COMMUNITIES.

HOW WILL HENRICO AVOID OVERPOLICING COMMUNITIES OF COLOR? THE CITY OF RICHMOND REFUSES TO DISCLOSE WITH THEIR FLOCK, CAMERAS OR INSTALLED, BUT IT IS THOUGHT THAT 11 OF THE 12 CENSUS TRACTS IN RICHMOND WITH THE MOST CAMERAS ARE MAJORITY NONWHITE. WHAT ARE OUR PLANS? WHAT TESTING AND CONTROLS WILL HENRICO BE USING TO.

TO PROVE THAT THE CAMERAS ARE ONLY BEING USED AS EXPLAINED TO THE PUBLIC.

WHAT TESTING AND CONTROLS WILL BE USED BY HENRICO COUNTY TO PROVE THAT THE DATA FROM THE CAMERAS IS ONLY STORED IN AN APPROPRIATE MANNER.

WILL HENRICO ENSURE THAT THE DEPARTMENT OF HOMELAND SECURITY AND IMMIGRATION AND CUSTOMS ENFORCEMENT BE PREVENTED FROM USING THE DATA, OR WILL HENRICO BE HELPING TO BUILD THE SURVEILLANCE STATE? THE PALANTIR AND ICE SO LOVED TO TAKE ADVANTAGE OF.

THIS ALMOST CERTAINLY WILL HELP KEEP OUR STUDENTS SAFER FROM SPEEDING.

BUT THERE'S MORE THAN ONE WAY TO BE KEPT SAFE.

AN AUDIT OF COLUMBUS, OHIO'S NETWORK OF CAMERAS FOUND IT HAD BEEN SEARCHED OVER 15,000 TIMES FOR IMMIGRATION PURPOSES SINCE 2024.

ANOTHER ABUSE OF FLOCK DATA OCCURRED IN MAY OF 26 IN TEXAS, WHEN A SEARCH WAS DONE TO FIND A WOMAN WHO AUTHORITIES BELIEVE HAD A SELF-ADMINISTERED ABORTION. FLOCK CAMERA DATA WAS SEARCHED, INCLUDING FLOCK CAMERA DATA OF STATES WHERE ABORTION IS LEGAL.

I UNDERSTAND THE NEED FOR IMMIGRATION ENFORCEMENT AND FIGHTING CRIME.

I'M ALL FOR IT. BUT I WILL NEVER BE BE IN FAVOR OF ARMED MEN WITH MASKS, ABUSING AMERICAN CITIZENS, AND ABUSING LEGAL IMMIGRANTS UNDER THE GUISE OF IMMIGRATION ENFORCEMENT, ESPECIALLY IF THEY ARE USING OUR CAMERA DATA.

IF DHS AND ICE WILL HAVE ANY CHANCE OF HAVING ACCESS TO THESE CAMERAS DATA, HENRICO COUNTY SHOULD KILL THIS PROPOSAL IMMEDIATELY.

AS OF TODAY, I HAVE NO REASON TO DISTRUST THE HENRICO POLICE DEPARTMENT.

I ACTUALLY HAVE BEEN DELIGHTED EVERY TIME I HAVE DEALT WITH THEM, BUT I HAVE EVERY REASON TO DISTRUST DHS, ICE. THE CITY OF RICHMOND AND MANY OTHER POLICE DEPARTMENTS.

WE NEED TO BE SURE WE KNOW HOW THIS DATA WILL BE USED.

SO FAR IN VIRGINIA, SIX LOCALITIES HAVE REJECTED FLOCK CAMERAS CHARLOTTESVILLE, STAUNTON, HARRISONBURG, ELKTON, WARRENTON AND FLOYD COUNTY.

I URGE THIS BOARD TO DO THE SAME. IF YOU CAN'T REJECT THE MATTER TONIGHT, AT LEAST DELAY THE VOTE UNTIL MORE PUBLIC INFORMATION HAS BEEN RELEASED ABOUT THE QUESTIONS I HAVE ASKED TONIGHT. THANK YOU SO MUCH.

WE HAVE TO MOVE. THANK YOU. YES, SIR. THANK YOU FOR THAT.

IS THERE ANYONE ELSE LIKE TO SPEAK TO THIS ITEM? IS THERE ANYONE ONLINE THAT WOULD LIKE TO SPEAK TO THIS ITEM? YES, SIR. I HAVE ONE INDIVIDUAL, MISS SARAH RAMSEY.

OKAY. OKAY. I POSED CAMERAS BECAUSE THEY TURN ORDINARY CITIZENS MOVEMENTS INTO GOVERNMENT DATA.

EVERY TIME SOMEONE DRIVES PAST ONE OF THESE CAMERAS, THEIR VEHICLE AND LICENSE PLATE CAN BE RECORDED, CREATING A SEARCHABLE HISTORY OF WHERE INNOCENT PEOPLE HAVE BEEN EVEN WHEN THEY HAVE COMMITTED NO CRIME.

THE FOURTH AMENDMENT PROTECTS US FROM UNREASONABLE GOVERNMENT SEARCHES.

AND THE CONSTITUTION DOES NOT GIVE GOVERNMENT UNLIMITED POWER SIMPLY BECAUSE MODERN TECHNOLOGY MAKES MASS SURVEILLANCE POSSIBLE.

THERE IS A FUNDAMENTAL DIFFERENCE BETWEEN INVESTIGATING A SPECIFIC SUSPECT AND CONTINUOUSLY COLLECTING INFORMATION ON EVERYONE. I'M NOT AGAINST LAW ENFORCEMENT SOLVING CRIMES.

I'M AGAINST TREATING EVERY CITIZEN LIKE A POTENTIAL SUSPECT.

IF THE GOVERNMENT WANTS TO TRACK AN INDIVIDUAL'S MOVEMENTS, IT SHOULD HAVE TO MEET CONSTITUTIONAL REQUIREMENTS, NOT SIMPLY POINT A CAMERA AT THE PUBLIC AND COLLECT THE INFORMATION AUTOMATICALLY.

PUBLIC SAFETY IS IMPORTANT, BUT CONSTITUTIONAL RIGHTS ARE NOT OPTIONAL.

I FEAR THAT THIS IS ANOTHER SINISTER MASS PROGRAM UNDER THE GUISE OF PUBLIC SAFETY.

THANK YOU. THANK YOU SO MUCH FOR YOUR COMMENTS, MADAM.

ANYONE ELSE? IF NOT, YES. ONE INDIVIDUAL. MISS KATIE ALBRIGHT.

OKAY. HELLO? CAN YOU. CAN EVERYONE HEAR ME? WE CAN HEAR YOU.

[02:20:07]

SO I WOULD LIKE TO SECOND SOME OF THE CONCERNS THAT HAVE BEEN RAISED BY OTHER RESIDENTS.

OH, I FORGOT TO MENTION WHERE I'M FROM. I'M KATIE, I LIVE ON NEWMARKET ROAD.

WITHIN ALMOST WITHIN WALKING DISTANCE OF VARINA HIGH SCHOOL.

BUT NOT CURRENTLY DUE TO THE LACK OF A CONNECTING TRAIL.

I WOULD LIKE TO SECOND SOME OF THE CONCERNS THAT HAVE BEEN RAISED RELATING TO THE FLOCK LIKE WEB SYSTEM.

I WOULD LIKE TO SECOND THE CONCERNS OF, YOU KNOW, THE FACT THAT THESE AREN'T NECESSARILY PREVENTION.

BUT I WOULD ALSO LIKE TO MENTION THE FACT THAT I LIVE ON A STATE HIGHWAY AND THIS STATE HIGHWAY IS NOT PART OF THE SCHOOL ZONE. SO IF I WERE TO EVER HAVE BE ABLE TO WALK TO SCHOOL, WHICH WILL BE A POSSIBILITY AFTER I BELIEVE 2027, WHEN A CONNECTING TRAIL IS BUILT FROM THE CAPITAL TRAIL TO VARINA HIGH SCHOOL.

ONCE THAT TRAIL IS BUILT. I LIVE ON THE OPPOSITE SIDE OF OF NEWMARKET ROAD FROM THE CAPITAL TRAIL.

SO I WOULD HAVE TO CROSS STATE HIGHWAY IN ORDER TO REACH THE CAPITAL TRAIL WHEN THE CONNECTING TRAIL IS BUILT.

AND I WOULD LIKE TO PROPOSE THAT CROSSWALKS BE IMPLEMENTED ALONG NEAR NEAR VERONA HIGH SCHOOL ALONG NEWMARKET ROAD FOR DRIVES LIKE ALLEGRO.

WHAT IS IT, BURNING TREE ROAD AND OTHER RESIDENTIAL STREETS THAT DON'T NECESSARILY HAVE A SAFE WAY TO CROSS THE STREET.

THANK YOU. THANK YOU SO MUCH FOR YOUR COMMENTS AS WELL.

IS THERE ANYONE ELSE ONLINE? NO, SIR. THANK YOU SO MUCH.

THAT BEING SAID, THIS PUBLIC HEARING IS CLOSED.

CAPTAIN, CAN YOU ANSWER A COUPLE QUESTIONS FOR ME REAL QUICK? SO. SO CHIEF, AS YOU WANT TO COME UP AS WELL, IF IF THE VEHICLES THAT ARE PASSING THIS, THIS MACHINE, RIGHT. BECAUSE I'VE, I'VE PASSED IT ON LABURNUM GOING BY LINWOOD HOLTON IF A VEHICLE IS PASSING THE MACHINE, IF IT'S NOT SPEEDING THERE WILL BE NO PICTURES TAKEN.

INVISIBLE. SO, SO THE PASSING CARS 247 ARE NOT BEING VIDEOED AND STORED.

THAT'S CORRECT. BY STATE STATUTE. AT LEAST TEN MILES OR OVER.

OKAY. IF YOU'RE GOING UNDER THAT NINE MILES AND UNDER YOU'RE IN, YOU'RE INVISIBLE TO THIS CAMERA SYSTEM.

HOW DOES THE TECHNOLOGY DO THAT? EACH OF THE CAMERAS THAT WE'RE SEEKING ARE LEADER, WHICH IS LIGHT DETECTION AND RANGING.

THIS IS A PINPOINT ACCURACY WHICH WOULD PHOTO SPEED OR PHOTO PHOTOGRAPH THE REAR OF THE VEHICLE, CAPTURING THE LICENSE PLATE OF THAT VEHICLE IN WHICH WE WOULD GET THE INFORMATION FROM INLETS OR DMV, THE DEPARTMENT OF MOTOR VEHICLES TO GET THE INFORMATION THERE.

SO WE'RE NOT JUST TAKING RANDOM PICTURES, WE'RE NOT STORING DATA OF THE CARS THAT ARE PASSING BY.

WE'RE NOT SHARING THIS INFORMATION TO A BROADER NETWORK OF, OF CAMERA SYSTEMS FITTING INTO LIKE A NATIONAL DATABASE, IF YOU WILL. CORRECT. THAT IS CORRECT. THAT IS CORRECT.

WE ARE NOT. ALL RIGHT. THANK YOU. ANY MORE QUESTIONS FROM MY COLLEAGUES? NO. CHIEF, DIDN'T YOU SHARE YOU SHARE SOME DATA WHEN WE TALKED ABOUT THIS A COUPLE OF WEEKS AGO.

A MONTH AGO. YOU GOT THEN YOU DO LIKE A STUDY OR SOMETHING FOR EACH SCHOOL.

WE DID. LET'S SEE IF WE HAVE THAT DATA. ARE YOU LOOKING FOR THE NUMBER OF POLICE CHIEFS? ARE YOU LOOKING FOR THE NUMBER OF VIOLATIONS THAT WERE ISSUED AT EACH SCHOOL OR THAT IN THAT AREA? WELL, I HAD A SPECIFIC QUESTION IN, IN AND I GET IT.

I APPRECIATE THE QUESTIONS ABOUT I HEAR THAT OFTEN ABOUT FLOCK.

IT'S AND I, AND IT, IT, IT IS HISTORICALLY REAL THAT CITATIONS, INCARCERATIONS DISPROPORTIONATELY IMPACT MINORITY PEOPLE MORE THAN THEY DO NON MINORITY. SO THAT'S A FACT. BUT I WAS WHEN YOU, WHEN WE DID THIS PARTICULAR EXERCISE, I WAS SURPRISED, I THINK THAT ONE OF MY SCHOOLS WAS ONE OF THE LOWEST WASN'T IT.

IF YOU GO AND LOOK AT THE ONE ON AIRPORT DRIVE.

[02:25:03]

YEAH. I'M LOOKING LOOKING THROUGH IT NOW IS, IS ACTUALLY IT IS THE LOWEST.

YEAH. OF THE AMOUNT OF VIOLATIONS OF ALL THE HIGH SCHOOLS THAT WE DID A STUDY ON.

WELL, WITH THE EXCEPTION OF GODWIN. GODWIN WAS THE LOWEST.

BUT YOU TALK ABOUT HIGHLAND SPRINGS, WHICH IS 80% AFRICAN AMERICAN.

I MEAN, THE COMMUNITY IS GOING THROUGH THEIR MAJORITY AFRICAN AMERICANS.

AND IRONICALLY, THAT PARTICULAR ZONE HAD ONE OF THE LOWEST SPEEDING RATES.

WHICH MEANS THAT IF WE WERE USING THIS SYSTEM, IT WOULD HAVE HAD THE LOWEST LEVEL OF COUNTED SPEEDING VIOLATIONS.

THAT IS CORRECT. YEAH. AND THAT, THAT IS A VERY MUCH AN AREA HIGHLY FREQUENTED BY AFRICAN AMERICANS IN OUR COMMUNITY.

AND I KNOW THAT WAS JUST A TEST OR A TRIAL, BUT I, I JUST, THAT JUMPED OUT AT ME WHEN WE WHEN WE, WHEN WE TALKED ABOUT THIS EXERCISE. YES. AND JUST, JUST TO MAKE YOUR POINT.

A LOT OF THE WEST END SCHOOLS HAD A HIGHER, MUCH HIGHER DAILY RATE OF VIOLATIONS THAN THAN MANY OF THE SCHOOLS THAT YOU'RE REFERRING TO.

SO IT WOULDN'T, IT WOULDN'T, IT WOULD NOT BE IT WOULD NOT BE DISPROPORTIONATE IN TERMS OF, IN TERMS OF THE VIOLATIONS. THANK YOU. ALL RIGHT.

ANYONE ELSE? WE'RE ABOUT TO MAKE A, YOU KNOW, ABOUT TO VOTE ON IT.

OKAY. SO I THANK YOU FOR ALL OF THE INFORMATION.

AND THANK YOU FOR EVERYONE THAT SPOKE. I WILL SAY THIS.

THIS IS NOT A, THIS IS NOT A DISCUSSION ABOUT FLOC.

AND YOU ALL KNOW HOW PASSIONATE I AM ABOUT THE FLOC CONVERSATION.

AND I HOPE THAT NOT TOO MUCH TIME PASSES BEFORE WE HAVE THAT PUBLIC CONVERSATION.

BUT BECAUSE I CARE SO MUCH ABOUT THE FLOC CONVERSATION, I DO NOT WANT IT CONFLATED WITH WHAT THIS IS BECAUSE IT IN FACT TENDS TO TENDS TO HARM THE ACTUAL AND LEGITIMATE FLOC CONVERSATION IN MY MIND.

THERE ARE, YOU KNOW, LAW ENFORCEMENT CANNOT BE HANDICAPPED IN DOING ITS JOB.

I CERTAINLY DON'T BELIEVE THAT. AND SCHOOL PEDESTRIAN SAFETY IS AN EXTREMELY IMPORTANT TOPIC.

IT'S ONE OF THE FREQUENT THINGS THAT RESIDENTS REACH OUT TO ME ABOUT.

AND IT DOESN'T, YOU KNOW, TO MR. NELSON'S POINT, THIS IS NOT A SITUATION WHERE, YOU KNOW, I'VE GOT A CONCERN THAT WE'RE DISPROPORTIONATELY CHOOSING SCHOOLS IN MINORITY DISTRICTS TO PUT THESE CAMERAS OR ANYTHING LIKE THAT.

THERE'S, YOU KNOW, I THINK PROBABLY AND I'M JUST, YOU KNOW, SPITBALLING HERE THAT, YOU KNOW SCHOOLS IN MY DISTRICT PROBABLY HAVE A HIGHER NUMBER OF YOUNG DRIVERS TO SCHOOL DRIVING TO SCHOOL.

AND THAT MAY BE A REASON WHY THERE'S A HIGHER TICKETING AMOUNT THERE.

SO I SAY THAT TO SAY THIS IS NOT FLOCK. NOW, THERE WERE QUESTIONS THAT NEED TO BE ANSWERED TO MAKE SURE THAT THIS IS NOT FLOCK

[8b. 201-26 Resolution - Condemnation - Easements - Mount Olive Avenue Realignment Project - 8825 Trolley Lane - Fairfield District. ]

ADJACENT, SO TO SPEAK. AND THAT'S WHY I ASKED THE QUESTIONS THAT I ASKED, BECAUSE I DO THINK WE ALL NEED TO BE REASSURED THAT THIS IS A SAFE, INSULAR NETWORK, THAT THIS IS NOT SOMETHING THAT THERE IS A RISK OF THE DATA BEING BEYOND THE CONTROL AND THE THE PURVIEW OF HENRICO COUNTY THAT IT WON'T BE USED FOR IMPROPER PURPOSES. I SPENT A LOT OF TIME LOOKING AT THE STATE STATUTE.

AND, YOU KNOW, YOU CAN TELL THAT THEY TOOK A LOT OF CARE TO TRY TO MAKE SURE THAT THERE WERE LIMITATIONS TO IT.

I FRANKLY, YOU KNOW, HAVE A LOT OF RESPECT FOR THE FACT THAT OUR POLICE DEPARTMENT COULD HAVE SAID, WE'RE GOING TO PUT EVERYTHING THAT'S ALLOWED IN THE STATUTE INTO THIS ORDINANCE AND CAST AS WIDE A NET AS POSSIBLE AND PUT CAMERAS EVERYWHERE THAT WE CAN PUT THEM.

AND THEY DIDN'T DO THAT. THEY SELECTED ONE CATEGORY OUT OF THE SEVERAL CATEGORIES THAT THE STATUTE PERMITTED THOSE CAMERAS TO BE PLACED VERY NARROWLY TAILORED.

AND THAT IS SOMETHING THAT, AS A LAWYER, YOU KNOW, IS VERY IMPORTANT TO ME. AND ANY ORDINANCE, ANY LAW, SHOULD BE NARROWLY TAILORED TO ADDRESS THE CONCERN THAT IT IS PURPORTING TO WANT TO ADDRESS.

AND SO IN THIS ASPECT, WE ARE TALKING ABOUT HOW CAN WE MAKE OUR SCHOOLS SAFER FOR CHILDREN AND FAMILIES THAT ARE TRAVERSING TO AND FROM? AS A CRIMINAL JUSTICE ADVOCATE, YOU KNOW, I TRY TO MINIMIZE AND I THINK IT'S AN IMPORTANT PRACTICE TO TRY TO MINIMIZE INTERACTIONS IN PERSON BETWEEN LAW

[8c. 202-26 Resolution - Condemnation - Easements - Mount Olive Avenue Realignment Project - 8831 Trolley Lane - Fairfield District. ]

ENFORCEMENT AND THE PUBLIC TO THE EXTENT POSSIBLE.

AND SO CAMERAS, SPEED CAMERAS CAN, CAN DO THAT IF DONE CAREFULLY AND WITH DUE PROCESS IN MIND.

I HAVE RESIDENTS REACH OUT TO ME ALL THE TIME THAT SAY, CAN WE PUT A CAN? CAN WE PUT A POLICE CAR, YOU KNOW, IN ALL IN OUR NEIGHBORHOOD ALL THE TIME? CAN WE PUT A POLICE CAR IN FRONT OF THE SCHOOL ALL THE TIME? AND ONE, WE DON'T HAVE THE RESOURCES TO DO THAT. BUT FRANKLY, YOU KNOW, EVEN IF WE COULD HIRE 8000 MORE POLICE OFFICERS, I STILL WOULDN'T SUPPORT PUTTING A POLICE OFFICER IN FRONT OF EVERY SCHOOL OR IN FRONT AT THE TOP OF EVERY NEIGHBORHOOD TO MONITOR THOSE THINGS. BECAUSE AGAIN, THAT IS NOT WHAT EFFECTIVE POLICING IS MEANT TO LOOK LIKE. WE'RE NOT TRYING TO MAKE THIS LOOK LIKE A POLICE STATE.

AND SO THAT IS VERY CLEARLY WHAT, TO ME, I AM SATISFIED THAT THIS IS NOT WHAT THIS ORDINANCE PURPORTS TO DO.

I DO THINK THAT IT IS NARROWLY TAILORED. I DO THINK THAT IT IS EQUITABLE.

I DO THINK THAT THERE ARE DUE PROCESS PROVISIONS THAT ARE BUILT IN.

I THINK THAT THERE ARE PROTECTIONS. I THINK THAT IT IS, YOU KNOW, QUITE FRANKLY, IN MANY WAYS THE DIAMETRIC OPPOSITE OF FLOCK AND HIGHLIGHTS.

[8d. 183-26 Resolution - Declaration of Surplus Property - Signatory Authority - Conveyance - 2510 Hartman Street - Fairfield District.[Deferred from the August 11, 2026, meeting.] ]

YOU KNOW, SOME OF THOSE DEFICIENCIES IN A SYSTEM LIKE THAT THAT ARE NOT PRESENT HERE.

[02:30:02]

MY ONE HEARTBURN AGAIN, AS I SAID, WAS STARTING OUT AT THE MAXIMUM FINE.

BECAUSE AGAIN, I'LL JUST PUT IT ON THE RECORD.

I DON'T THINK THAT A 50 VERSUS $100 DOES ACTUALLY HAVE A DETERRENT EFFECT.

YOU KNOW, WE SAW THAT WITH WITH CASH BOND, RIGHT? THE AMOUNT OF MONEY THAT SOMEBODY HAS TO PAY FOR A BOND DOESN'T NECESSARILY MAKE THEM MORE OR LESS LIKELY TO APPEAR FOR COURT. SO THE AMOUNT OF THE DOLLAR, I DON'T THINK WOULD TRANSLATE TO A DETERRENT EFFECT IN THIS. AND I AM SENSITIVE TO THE FACT THAT FOR SOME PEOPLE, A $100 FINE COULD COULD BE VERY IMPACTFUL TO THEIR HOUSEHOLD IN A SEASON OF VERY, OF RISING COSTS ALL AROUND.

BUT I AM GLEANING THAT THAT IS NOT THE WILL OF MY COLLEAGUES.

AND SO I AM NOT GOING TO HOLD UP PASSING OF THE ORDINANCE OR MY VOTE IN APPROVAL OF THIS ORDINANCE.

ON THAT ONE ISSUE. I JUST IT IS ON THE RECORD THAT IF I HAD HAD MY DRUTHERS, I WOULD HAVE HAD A LOWER STARTING FINE.

BUT THAT IS THE COMMENTARY THAT I WILL MAKE ON THAT TONIGHT.

THANK YOU. THANK YOU MA'AM. COLLEAGUES, ANY OTHER COMMENTS? IF NOT, IS THERE A MOTION? SIR. MOVE. THE ORDINANCE IS MOVED BY MR. SMITH, SECONDED BY MISS REVEREND NELSON. ALL IN FAVOR, SAY AYE. AYE. THOSE OPPOSED? ORDINANCE IS APPROVED.

NEXT, MR. CHAIR, MEMBERS OF THE BOARD, AGENDA ITEM 200 AND 1-26 IS A RESOLUTION IN THIS CASE, CONDEMNATION FOR EASEMENTS. THIS IS FOR THE MOUNT OLIVE AVENUE REALIGNMENT PROJECT, WHICH IS IN THE FAIRFIELD DISTRICT.

[8e. 194-26 Ordinance - To Amend and Reordain Section 23-117 Titled “Restricted wastes,” Section 23-118 Titled “Reserved,” Section 23-150 Titled “Violations,” Section 23-154 Titled “Applicability of categorical standards,” and Section 22-164 Titled “Reserved” of the Code of the County of Henrico to Update Maximum Discharge Limits, Establish Requirements for PFAS Discharge Monitoring, and Conform to Federal Regulations.(Deferred from the August 25, 2026, meeting.) ]

MR. ANTHONY THANK YOU, MR. MANAGER. MR. CHAIR, HONORABLE MEMBERS OF THE BOARD, LADIES AND GENTLEMEN THIS BOARD PAPER WOULD AUTHORIZE CONDEMNATION PROCEEDINGS FOR THE PROPERTY THAT IS NEEDED FOR THE CONSTRUCTION OF THE MOUNT OLIVE AVENUE REALIGNMENT PROJECT.

ALL OF THE AREAS HAVE NOT BEEN ABLE TO BE LOCATED.

THE COUNTY HAS OFFERED THE LOCATION, THE LOCATED KNOWN LEGAL HEIRS, JUST COMPENSATION, BUT THE LOCATED LEGAL HEIRS DO NOT HAVE CLEAR TITLE TO CONVEY THE PROPERTY. THE DIRECTORS OF PUBLIC WORKS AND REAL PROPERTY RECOMMEND APPROVAL OF THE BOARD PAPER.

COUNTY MANAGER CONCURS. I'LL BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU SO MUCH, MR. ANTHONY. THIS IS A PUBLIC HEARING. IS THERE ANYONE PRESENT? I'D LIKE TO SPEAK TO THIS ITEM. IS THERE ANYBODY ONLINE THAT WOULD LIKE TO SPEAK TO THIS ITEM? YES. I WANT TO SPEAK TO THIS ITEM. ALL RIGHT.

MOTION APPROVED. I'M SORRY. MOTION TO APPROVE.

SECOND. BEEN MOVED BY MYSELF. SECONDED BY REVEREND OLSEN.

ALL IN FAVOR, SAY AYE. AYE. OPPOSED. RESOLUTION IS APPROVED.

NEXT, MR. CHAIR, MEMBERS OF THE BOARD. 202-26 IS ALSO A RESOLUTION.

[9. Public Comments]

CONDEMNATION FOR EASEMENTS FOR THE MOUNT OLIVE AVENUE REALIGNMENT PROJECT.

SEPARATE ADDRESS 8831 TROLLEY LANE AGAIN IN THE FAIRFIELD DISTRICT.

MR. ANTHONY. THANK YOU ONCE AGAIN, MR. MANAGER.