[EyesOnIvy] Faulconer Defeated

[Brian Wheeler]

In a stunning, and in my mind precedent setting decision, the Albemarle
County Planning Commission soundly rejected the Faulconer Construction
Company final site plan.  WE DID IT!  Thank you to the almost 50 speakers
who testified before the Planning Commission and to the hundred plus other
folks who filled the auditorium tonight to show their support.  It was a
complete repeat performance of the turnout we had in February 2003.  We had
great speakers all evening.

Faulconer appears to have three options if they wish to pursue this project
further: They can appeal the decision to the Board of Supervisors; they can
appeal to the Circuit Court; or they can respond to the voluminous
conditions placed on them by the Planning Commission in their motion denying
the site plan. Of particular significance was Commissioner Will Rieley's
(Samuel Miller District) insistence that the motion reference a piece of the
zoning code the Ivy Community Association has tried to focus the County's
attention on for the past three years.  It reads as follows:

CHAPTER 18, ZONING SECTION 26
INDUSTRIAL DISTRICTS - GENERALLY
26.12.1 VEHICULAR ACCESS
Vehicular access points shall be designed to encourage smooth traffic flow
with controlled turning movements and minimum hazards to vehicular and
pedestrian traffic.  Pavement widths and strengths of both internal and
external roads shall be adequate to accommodate projected traffic generated
from the district.

Over the objections of staff and the Assistant County Attorney, Mr. Riley
asked that Faulconer's vehicles coming into and out of the site comply with
this zoning ordinance.  Well the only way they can do that, in my opinion,
is to eliminate the heavy industrial aspects of the site plan.  Will
Rieley's leadership, and intense questioning by Marcia Joseph about the
completeness of the site plan, paved the way for the denial.  Mr. Riley was
supported in his motion by Calvin Morris, Marcia Joseph and Pete Craddock.
William Edgerton and Rodney Thomas voted against the motion to deny the
plan.  Jo Higgins was not present.

As we analyze the results further, we will certainly update the community,
but I wanted to get at least a quick update out this evening so everyone
could share in the good news.  Now we move on to our case before the Supreme
Court (still very important) and to improving the County zoning ordinance so
this type of plan never gets this far again.

Brian Wheeler