Supervisor Sally Thomas (Samuel Miller District) announced in the Board of Supervisors meeting today that Faulconer Construction Company submitted their final site plan to Albemarle County late last week.  Last December, Faulconer prevailed in their court case against Albemarle County appealing a unanimous decision by the Board of Supervisors which had rejected their site plan in 2004 to develop 27-acres off Morgantown Road in Ivy, Virginia.  The County is now operating under a court order to allow the development to proceed, so long as Faulconer addresses all the concerns raised by the County which the court determined were legitimate.  The court found that potential off-site impacts of Faulconer’s operations could not be relied upon by the County to reject their site plan.

The County had cited Albemarle County Zoning Code Section 26.12.1 in their rejection:

“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.”

Brian Wheeler

Note: Brian Wheeler is a past President of the Ivy Community Association (ICA) and a former member of the Association’s Board of Directors.  In November 2004, the Virginia Supreme Court refused to hear the ICA’s case against Albemarle County appealing the 2001 zoning decision that gave Faulconer the right to develop their property in the Ivy Business Park which is zoned for light industrial activity.

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