HomeMy WebLinkAboutZMA202100009 Plan - Submittal (First) 2021-11-15OLD IVY RESIDENCES
PRESERVED SLOPES
ZONING MAP AMENDMENT
ZMA 2021-00009
JuLY 19, 2021
AMENDED: NOVEMBER 15TH, 2021
PREPARED BY:
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TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
608 PRESTON AVENUE, SUITE 200
CHARLOTTESVILLE, VA 22903
BRYAN CICHOCKI, PE
Introduction
A zoning map amendment is being requested per Section 30.7.6 of the Albemarle County Zoning
Ordinance, to convert an area of preserved slopes to managed slopes within the Old Ivy Residences
proposed development. The slopes that are being requested for reclassifcation, while 25% or greater in
slope, are misclassified as preserved slopes and better described as managed slopes, as they are
manufactured, which is made evident from previous documented site plans. Furthermore, the overall
development plan is to reduce the area of these steep slopes, laying back the slopes, further reducing
concerns of erosion and downhill degradation of waterways.
While these slopes are being requested to be changed to managed slopes, there is a recognition of the
County's goal, related to steep slopes, to reduce "rapid and/or large-scale movement of soil and rock,
excessive stormwater run-off, siltation of natural and man-made bodies of water, loss of aesthetic
resource ... all of which constitute potential dangers to the public health, safety and/or welfare." With
that in mind, this application will discuss the following related to the conversion of these slopes to
managed slopes:
• Explore the existing conditions and designation of this area as preserved slopes versus managed
slopes.
• Protection and enhancement of adjacent and downstream land.
• Mitigation efforts to eliminate effects of slope impacts
Existing Conditions
The property containing the currently designated preserved slopes within the development (parcels
06000-00-00-024C3, 06000-00-0024C4* and 06000-00-00-024C1*) is located off Old Ivy Road and the
250/29 bypass within Albemarle County. The subject portion of the property is adjacent to parcels
06000-00-00-024C and 06000-00-00-05100 (which are under the same ownership) to the east and the
250/29 bypass to the west, as shown below:
*Note: TMP 60-24C4 was "created" by virtue of certificate of take (C-798017) at D.B. 1761, PG.
614. The certificate of take was then invalidated by the order found at D.B. 5330, PG. 110 and
ownership reverted to the Now Filthy Beast, LLC. The invalidation of the certificate of take had
the legal effect of eliminating the boundary between parcels 24C4 and 24C1, such that now
they are once again combined into a single 5-acre parcel 24C1. Thus, the steep slopes being
requested to be amended are within parcel 24C1 despite being shown in parcel 24C4 on the
County GIS. Further, the surveyed location of the lot line (certificate of take) between lots
24C4 and 24C1 was found to be in a different location than Albemarle County GIS shows which
also places preserved slopes on parcel 24C1. As such, reference to parcel 24C1 has been
retained in this request.
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Figure 1: Slopes to be converted to Managed Slopes
Per Albemarle County GIS, there are designated preserved slopes on this parcel, comprising an area of
approximately 1.55 acres (outlined in green above). Per Section 30.7.3, the origin of preserved slopes is
defined as natural features protected by county action from land disturbing activities. However, both of
the preserved slope areas identified on -site appear to be the result of human activities. Historical
imagery shows that slope "A" (adjacent to the 250/29) was a result of activity on the site in the early
1990's. Slope "B" was a result of waste fill generated from the North Grounds Connector Road project in
the mid 2000's (see Figure 2 & Appendix A for further details). Under normal conditions outlined in
Section 30.7.3a, this would likely lead to the classification of these steep slopes as managed slopes;
however, they are currently classified as preserved slopes. We believe that the history of these slopes is
an important factor in the consideration of this zoning map amendment to reclassify the slopes as
managed.
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Wig--r �y 29
Figure 2: Excerpt from North Grounds Connector Road Project
Protection of Adjacent and Downstream Land
Protection of adjacent and downstream land is an important consideration for any development, but
particularly one that has both intermittent and perennial streams located within it. As noted below,
development has been located to limit removal of forested areas, while protecting the natural area of
the Rivanna Trail. Additionally, the impacts to the slopes will reduce the steepness of these areas, as
well as the overall runoff across these slopes, reducing risks of erosion and/or slope failure.
Proposed with the Old Ivy Residences rezoning application is a new residential development on the
subject property. The proposed development has been laid out to limit disturbance to the steep slopes,
while maximizing the conservation of forested areas, particularly adjacent to the existing Rivanna Trail,
as much as possible (see Figure 3). Specifically, the development layout focuses on utilizing space
already impacted by the existing farmland to minimize the disturbance to the surrounding forested
areas, as well as some of the managed slopes which are identified in these areas. By impacting a portion
of the currently designed preserved slopes, the neighborhood layout can better preserve existing
natural forest, which provides an invaluable amenity to the neighborhood, prevents additional
environmental concerns associated with deforestation (erosion, stormwater quality, habitat, etc.), and
provides a greater degree of conservation. Given the history of the slopes on -site, Greystar and the
design team agree that these forested areas hold a higher environmental value on the site than the
previously disturbed, man-made slopes.
Moreover, the impact to these slopes will result in a reduction to the stormwater that drains across this
area, as the slopes will be reduced (the grade proposed is to cut these areas down in elevation), while
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also capturing runoff in a stormwater conveyance (pipe) system, reducing overland flow and the total
amount of runoff that these steep slope areas currently are subject to from a stormwater volume
perspective. This change will result in a reduction to the potential of erosion over the remaining slopes,
since those areas will see a limited amount of drainage over top of them.
Figure 3: Residential Layout to Minimize Impacted Forested Area
The proposed impacts to the existing preserved slopes are as shown in Figure 4 below and included in
Appendix A:
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Figure 4: Areas of Preserved Slope Disturbance On -site
Mitigation Efforts
In order to protect downstream land, adequate erosion control measures reviewed and approved by
Albemarle County will be implemented during construction to mitigate runoff while preserved slope
disturbance takes place. More specifically, downstream measures, such as wired -backed silt fence and
sediment traps/basins will be required. Each of these measures will be placed in a way to ensure
protection of the downstream lands, including the pond and beyond.
Furthermore, the overall project is proposing to desilt and improve the existing pond to enhance the
ecological benefits for the local habitat, improve the environmental impacts by adding vegetation and
aquatic benching, while providing volume to meet stormwater quantity requirements.
Conclusion
While the steep slopes overlay district strives to protect preserved slopes within the County, it also
affords relief through the zoning map amendment process when certain slopes are outside the criteria
of those considered preserved slopes. Given that these preserved slopes were previously disturbed and
generated by construction and waste fill, it stands to reason that they should be considered managed
slopes. Additionally, even with this designation, the proposed impacts will further enhance the
downstream waterways. While the proposed impacts do reduce the steep slopes within Albemarle
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County, they ultimately enhance and improve downstream receiving waters, providing a betterment for
the County, environment, and future population that resides at the Old Ivy Residences.
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Appendix A
OLD IVY HISTORICAL IMAGERY
NORTH GROUNDS CONNECTOR ROAD PROJECT WASTE FILL PLANS
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