The Albemarle Circuit Court upheld a zoning decision allowing the Charlottesville-based Faulconer Construction Company to build its new headquarters and equipment yard in the Ivy neighborhood.
"We've felt all along that this was the correct decision," County Spokesperson Lee Catlin siad. "This allows us to move forward."
The decision, made on Thursday, Sept. 4, concludes a nearly two-year legal battle between the Ivy Community Association, a group of concerned Ivy residents, and Faulconer Construction Company, which builds roads and bridges in Virginia and North Carolina.
The company plans to consolidate its office on Old Ivy Road and its equipment yard on Woodburn Road into a 27-acre location in the Ivy Business Park off Morgantown Road.
Concerned residents have said the move would require drastic redevelopment of the landscape, pollute the creeks that feed the Ivy Creek Watershed and put school children at risk. Construction vehicles would have to use Morgantown Road, a secondary road which is used by children to commute to and from school.
"Children walk there all the time and these roads are not designed for such use," said ICA attorney Frank Buck, who noted that the route to Ivy Industrial Park passes by Murray elementary school and a local pre-school.
President of Faulconer Construction Jack W. Sanford Jr. and the company's attorneys could not be reached for comment.
Opposition to Faulconer's move dates back to 2001, when County officials approved the company's plans to move. Residents protested outside the Albemarle County Office Building and the Planning Commission denied Faulconer's original site plans earlier this year.
Thursday's ruling enables Faulconer to approach the County Planning Commission with revised plans, which the Planning Commission will discuss at a public hearing in late October.
Planning Commissioner Will Rieley acknowledged this is an unusual, extremely complex and very divisive case, and said the root of the controversy lies with the interpretation of zoning laws.
He said he believes the commission will treat the applicant fairly at next month's hearing.
Residents say they want to establish more dialogue between the company and the community.
"Community representatives have asked Faulconer to sit down with the community a dozen times in the past few months, but they don't respond," ICA Vice President Christopher Hyland said. "They simply don't reply."
Buck says he is advising the ICA to appeal to the state Supreme Court. The ICA is expected to make a decision in the coming week.
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