[EyesOnIvy] Faulconer Construction v. Albemarle

[Brian Wheeler]

Faulconer Construction Company has filed suit in Albemarle County Circuit
Court against Albemarle County seeking to have their heavy industrial
project for the Ivy Business Park approved by the courts.

See: http://www.albemarlematters.com/docs/Faulconer-Complaint.pdf

Their complaint states in part:
"WHEREFORE, your Complainant respectfully requests that this Honorable Court
declare and order that the County's denial of Faulconer's Final Site Plan
based upon a condition or requirement based upon the adequacy of external
(public) roads was unlawful, unreasonable, arbitrary and capricious and
deprived Faulconer of all lawful use of the Property; that Faulconer's Final
Site Plan be approved in the form in which it was submitted to the Planning
Commission; and that your Complainant have such other relief as to equity
appears meet and just."

As you undoubtedly remember, back on October 28th, there was a total lunar
eclipse, the Red Sox won the World Series, AND the Ivy Community received a
unanimous vote (6-0) from the Albemarle County Board of Supervisors to deny
Faulconer Construction's final site plan.  Faulconer was then instructed
they could come back to the Board of Supervisors if they could demonstrate
that they had complied with 8 conditions set by the Planning Commission and
then revised by the Supervisor's.  

In December, many in the Ivy Community wrote VDOT with our concerns about
this project (thanks for writing!).  We pointed out that the County of
Albemarle has the special responsibility with an industrial district to
assess the off-site impacts of the property owner's use.  Specifically,
Albemarle County Code Section 26.12.1 states that "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."

As of today, the County has received NO written documentation from Faulconer
that they have complied with ANY of the requirements set forth by the Board.
NO revised site plan has been submitted.  While they say they are ready,
willing and able to address requirements 1-7, they have now gone to court
asking that ALL requirements be dropped and the plan just be approved as
submitted to the Planning Commission!  Some of us are wondering if the new
County Groundwater Ordinance that takes effect February 8th might be one
reason for the hasty suit...

Anyway, if you would like to read an interesting exchange between Faulconer,
VDOT and the County, some additional letters are available here:

 http://www.albemarlematters.com/faulconer-carter-20050119.pdf
 http://www.albemarlematters.com/faulconer-vdot-2005.pdf
 http://www.albemarlematters.com/faulconer-vdot-20050125.pdf

EyesOnIvy will keep you posted on the new court case.

Brian Wheeler

==========================
Brian Wheeler, President
Ivy Community Association 
http://www.albemarlematters.com/ica.htm 
tel: (434) 984-2233