COUNTY OF ALBEMARLE
Faulconer Construction Company Final Site Plan
Approve Faulconer Construction Company final site plan (SDP 2004-023) subject to conditions
Tucker, Foley, Davis, Kamptner, McCulley, Fritz
LEGAL REVIEW: Yes
February 8, 2006
ACTION: X INFORMATION:
Faulconer Construction Company owns a 27.37 acre parcel identified as Tax Map 58 Parcel 37 in the Samuel Miller Magisterial District. The parcel is located within the Ivy Industrial Park in the vicinity of Morgantown Road and State Route 250 and is zoned Light Industry. Faulconer desires to relocate its contractor’s office and equipment storage yard on the site.
On October 27, 2004, the Board of Supervisors disapproved Faulconer’s final site plan (SDP 2004-023) for the project, identifying eight inadequacies (the “Conditions”) that would have to be satisfied in order for the site plan to be approved. Condition 8 stated: “Pavement widths and strengths of both internal and external roads shall be adequate to accommodate projected traffic generated from the site as provided by Section 26.12.1 of the Albemarle County Code.” Faulconer was agreeable to satisfying Conditions 1 through 7 and Condition 8 as it pertained to roads internal to its site, but objected to Condition 8 as it pertained to external roads. Faulconer appealed the denial to the Albemarle County Circuit Court to challenge the validity of Condition 8 as it pertains to external roads.
In an order entered January 12, 2006, the Albemarle County Circuit Court ruled that the portion of Condition 8 pertaining to external roads was invalid, but upheld Conditions 1 through 7 and that portion of Condition 8 pertaining to internal roads. The Court remanded the case back to the Board of Supervisors with directions to “approve Faulconer’s final site plan upon Faulconer’s showing satisfactory compliance with the eight Conditions, excluding that portion of Condition 8 pertaining to external roads.”
Pursuant to the Court’s order, the County must now approve the final site plan and Faulconer must comply with the eight conditions. After the Board acts, Faulconer must resubmit a revised final site plan satisfying the eight Conditions.
There are no budget impacts.
Staff recommends that the Board of Supervisors approve SDP 2004-023 subject to the following conditions, which are identical to those imposed by the Board on October 27, 2004, except for Condition 8 which has been revised to comply with the Court’s order:
The final site plan shall not be signed by the agent until the following conditions have been met:
1. Submission of a revised Certified Engineer’s Report as required by Section 22.214.171.124, to address each provision of Section 4.14, explaining methodology and including measurements of actual equipment where appropriate.
2. Submission of as-built plans and structural analysis to verify adequacy of pavement width and strength of Dettor Road from Morgantown Road to the Faulconer entrance as provided by Section 26.12.1.
3. Provision of street trees across Morgantown Road frontage as required by Section 126.96.36.199.
4. Provision of a double staggered row of shade tolerant evergreen screening trees such as holly or bayberry, planted 15 feet on center adjacent to Rural Area property to provide screening as required by Section 188.8.131.52.c.2.
5. The lighting plan shall be revised to comply with Section 4.17.4.
6. Sidewalk notes and dimensions must be corrected.
7. Revise all buffer notes to indicate a 50 foot buffer.
8. Pavement widths and strengths of internal roads shall be adequate to accommodate projected traffic generated from the site as provided by Section 26.12.1 of the Albemarle County Code.
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