Fleet National Bank's July 24, 2001 Letter of Appeal to Amelia McCulley
Below is the letter from Fleet National Bank Vice President, Darlene MacDonald, appealing Amelia McCulley's zoning determination related to the Faulconer Construction Company site plan. Her determination states the Faulconer plan is allowed by right within the light industrial district at Ivy Business Park.
July 24, 2001
- Amelia G. McCulley
- Zoning Administrator
- County of Albemarle
- Department of Building Code & Zoning Services
- 401 McIntire Road, Room 223
- Charlottesville, VA 22902-4596
Dear Ms. McCulley:
This letter and attached appeal application constitutes a formal appeal and request to rescind your June 26, 2001 zoning compliance clearance related to the Faulconer Construction Company’s proposed use of the 27.37 acre parcel of land in the Ivy Business Park (TM 58, Parcel 37) currently zoned light industrial (LI).
Fleet National Bank, co-trustee of the Stillman Kelley Trust, owns two parcels (3469 Morgantown Road and 14.6 acres, Parcel 081BO, Morgantown Road, Rt. 738) that abut the acreage above in the Ivy Business Park. Another formal appeal filed by the Morgantown Road Action Committee of the Determination of Use was submitted yesterday.
There are several major concerns Fleet National Bank would like to express. First, the impact of the Faulconer new site has not been adequately assessed by the Zoning Department or Planning Department, because the “official use” plan has not been submitted, in addition to a certified engineer’s report. The use of hazardous materials, including explosives, storage of materials that may impact the water supply may be damaging to the surrounding area, therefore, “protection of surrounding areas from adverse influences within the district” (Code Section 26.12) cannot be adequately determined.
Secondly, the comparable site you have used has a primary RA zoning with a light industrial status as a secondary and has been established for over 30 years. Therefore, the market value or the abutter’s loss in these areas cannot be determined. A so called, light industrial company that is clearly heavy industrial in nature will have an impact in this community.
Most importantly, no consideration was given to noise, air pollution, water pollution or vehicular and pedestrian traffic. Therefore, the lack of respect or concern, for a community that has been established for many years, seems to have had no adverse effect on your decision. A consideration of these items should be noted in a review.
Until such a review can address all of our concerns, we hereby request that your June 26, 2001 determination be rescinded immediately.
- Fleet National Bank, Co-Trustee
- Of the Stillman Kelley Trust
- By: Darlene MacDonald
- Vice President
- Fleet National Bank
