[EyesOnIvy] Faulconer wins in court

[Brian Wheeler]

I hoped I would never have to send this email... The Ivy Community
Association (ICA) learned today that Faulconer Construction was victorious
in their lawsuit against Albemarle County.  In a seven-page ruling dated
December 14, 2005, Circuit Court Judge Paul Peatross ruled in favor of
Faulconer Construction stating that Albemarle's attempts to force an
examination of off-site road and public safety issues was "illegal and
invalid."
 

"The Court determines that the portion of condition 8 which requires that
'pavement widths and strengths of... external roads shall be adequate to
accommodate projected traffic generated from the site as provided Section
26.12.1 of the Albemarle County Code' is illegal and invalid.  Accordingly
it disapproves of Faulconer's site plan because of the inadequacies and
requirements set forth as conditions 1 through 7 and condition 8 as it
pertains to internal roads only.  The Court remands the case to the Board of
Supervisors with direction that it approve the final site plan upon
Faulconer showing satisfactory compliance with the above conditions
excluding that part of condition 8 requiring any action concerning external
roads."

 
Faulconer has previously stated that it will comply with the remaining
requirements the Judge believes to be legal.  Thus, assuming they do so, the
Board of Supervisors can only approve this site plan or appeal to the
Virginia Supreme Court.  While the decision is not a surprise, it is a huge
blow to the protection of public health and safety in Albemarle.  This case
says local government can't question the intensity of use described in a
site plan for industrial property when it threatens other property owners
and school children next door.  

 

Now that Faulconer has prevailed in the courts, we hope they will still
reconsider their plans.  Jack Sanford, Faulconer's President, has the power
to make this a win-win proposition for his business and the community.  The
whole reason Faulconer was looking to move to Ivy was to get out of the way
of the Route 29 western bypass.  That road is clearly not going to be built
near his property off Rio Rd.  They can make a good return on their
investment by selling their Ivy property for a more appropriate use and they
can pursue buying back their existing land on Woodburn Rd. from VDOT.  OR,
if they prefer other industrial property in Albemarle, they can find it in
numerous locations where it is serviced by much more appropriate roads, and
the County has already shown them many of these alternative parcels.  They
have the opportunity now to make quite a statement about doing what is in
the best interests of the community.  

 

If they pursue the development in Ivy, however, we still have plenty work to
do as a community assessing issues around the storage and transport of
explosives, their ability to comply with sound ordinances, watershed
impacts, buffer issues, etc. 

 

Brian Wheeler

President

Ivy Community Association

 
 
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