HomeMy WebLinkAboutZMA202100016 Correspondence 2022-08-01WILLIAMS MULLEN
Direct Dial: 434.951.5700
mnedostup@williamsmullen.com
August 1, 2022
Mr. Bill Fritz
Development Process Manager
Albemarle County
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: UVA North Fork- Disturbance of Preserved Slopes for ZMA 2021-016
Dear Mr. Fritz,
We respectfully submit this request to disturb preserved slopes with the PDIP portion of the North Fork
proposed amended rezoning. This request is being made in accordance with Zoning Ordinance Section
30.7A(b)(1)(g).
Per the Application Plan, the block layout is such that disturbance to preserved slopes will be limited, while
maximizing the conservation of forested areas, particularly adjacent to the Water Protection Ordinance (WPO)
Buffer. The grading plan for the PDIP section of the project, indicates that partial grading into preserved slopes
would allow for more gradual slopes across the site. In turn, it will allow for better opportunities to design
building pads that would allow for future Economic Development target industries.
The Purpose and Intent of the Steep Slopes Overlay District includes the following description as it relates to
the disturbance of slopes: "whenever steep slopes within the overlay district are disturbed, their disturbance
should be subject to appropriate consideration and care in their design and construction in order to protect the
integrity of the steep slope areas, protect downstream lands and waterways from the adverse effects of the
unregulated disturbance of steep slopes, including the rapid or large-scale movement of soil and rock, or both,
excessive stormwater runoff, the degradation of surface water, and to enhance and preserve the character and
beauty of the steep slopes in the development areas of the county."
With that in mind, we will discuss the following:
• Existing Conditions and Approved Rezoning Plan
• Proposed Preserved Slopes Disturbance Areas
• Protection and enhancement of adjacent and downstream land
• Mitigation efforts to eliminate effects of slope impacts
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Existing Conditions and Approved Rezoning Plan
North Fork was originally approved in 1996 as ZMA 1994-05 and now contains 562 acres. The existing un-
developed land cover within North Fork is mostly forested with slopes ranging between 5% and 50%. Per
Albemarle County GIS, Managed and Preserved Steep Slopes are scattered on the parcel, with Preserved Steep
Slopes being prevalent along the stream banks. There are currently nine buildings in North Fork comprising
approximately 650,000 square feet, with 30 tenants and over 1,500 employees on site. Existing tenants at North
Fork include a variety of research, technology, industrial, and manufacturing tenants.
The most recent Application Plan approved with ZMA 2005-03 is dated February 2, 2009 and was prepared by
Cline Design and the University of Virginia Foundation which allows for PDIP uses and up to 3.7 million square
feet. When the plan was approved, the Steep Slopes ordinance was not in place, and a critical slopes waiver
was not approved with the application despite critical slopes being within the defined developable block areas.
In addition, the WPO was also not in place at that time, and therefore stream buffers were not shown or
required.
The existing approved Application Plan for North Fork has a total of 71.55 acres of preserved slopes, and 9.24
acres are shown within the block areas as shown on the attached Exhibit A.
Proposed Preserved Slope Disturbance Areas
Within the Neighborhood Model District (NMD) area of the Application Plan, Blocks B-10 and B-11 have been
adjusted to remove preserved slopes that were previously shown within the developable area of those blocks.
The NMD does not propose any disturbance of preserved slopes.
Like the NMD, the PDIP area of the Application Plan includes adjustments to the prior approved Block areas.
Adjustments have been made to avoid sensitive environmental features, such as stream buffers and preserved
slopes that are immediately adjacent to streams and within the WPO buffer. Blocks B-2, B-5, B-6, B-9, and A
have been modified slightly to allow for additional area which includes conceptual grading of preserved slopes
shown on Sheet 7 of the Application Plan. Many of these areas were previously shown within the block areas
for development, however an official approval to disturb the slopes had not been done. This proposed
disturbance will allow the Foundation to grade key Economic Development blocks to allow for pad ready sites,
particularly related to the Tier 4 site, which will further enhance North Fork's ability to attract target industries
and business to Albemarle County, furthering the County's Economic Development Goals.
Within the revised Application Plan, preserved steep slopes comprise an area of approximately 71.55 acres with
an estimated 8.93 acres of disturbance to Preserved Steep Slopes being proposed.
Block adjustments in relation to preserved slopes are shown in the chart below.
Blocks
Existing
Acreage
Proposed
Acreage
Preserved Area
Shown in
Developable Area
on Approved Plan
Preserved Slopes
Area Removed from
Developable Area on
Approved Plan
Preserved Slopes Area
Proposed to be
Disturbed*
A
6.88
27.67
0.97
0.06
0.91
B-1
35.19
17.6
0
0
0
B-2
10.06
11.02
2.19
1.22
0.97
B-3
10.68
14.52
0.11
0.05
0.06
B-4
7.18
4.92
0
0
0
B-5
31.50
36.77
1.81
-2.17
3.98
B-6
15.04
17.08
0.33
-0.32
0.65
B-7
5.65
5.52
0
0
0
B-8
21.07
20.14
0
0
0
B-9
8.21
9.01
1.92
0
1.92
B-10
10.97
15.9
1.47
1.47
0
B-11
18.57
12.1
0
0
0
C
8.48
10.5
0
0
0
D1-D2
43.87
33.7
0
0
0
E
33.26
37.67
0.44
0
0.44
F
16.38
16.38
0
0
0
F-1A
6.63
6.63
0
0
0
F-B
6.65
6.65
0
0
0
F-2
9.24
8.46
0
0
0
G-1
n/a
1.9
n/a
n/a
0
G-2
n/a
4.98
n/a
n/a
0
Total:
305.51
1 319.12
1 9.24
0.31
8.93
*Slope Disturbance for uses not permitted under Section 30.7.4
Blocks
Existing
Proposed
Preserved Area
Preserved Slopes
Preserved Slopes Area
Acreage
Acreage
Shown on
Area Added to
in Proposed Plan
Approved Plan
Approved Plan
Open Space/Green
200+
200
59.09
1.84
60.93
Protection of Adjacent and Downstream Land
The proposed impacts to the existing preserved slopes are shown in attached Exhibit B. Protection of adjacent
and downstream land is an important consideration for any development, but particularly one that has streams
located within it. The Application Plan has been designed to maintain the minimum 200 acres of open space
and provide protection for the majority of the sensitive environmental features including additional steep
slopes, flood plain, and stream buffers.
The proposed disturbance to the preserved slopes will reduce the steepness of some areas, as well as the
overall runoff across these slopes, reducing risks of erosion and/or slope failure. The toe of the proposed
grading slope is graded at 3:1. In areas where this would not be possible, retaining walls will be utilized. In no
instance is grading proposed within the limits of the WPO Buffer.
This change, in conjunction with using stormwater conveyance pipes, will result in a reduction to the potential
of erosion over the remaining slopes, since those areas will see a limited amount of drainage being released
from the top of the slopes.
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.
In addition, any land disturbance will comply with the design standards outlined in Section 30.7A of the Zoning
Ordinance.
Summary
The proposed disturbance to the preserved slopes is only 12.5% of the 71.55 acres of preserved slopes within
North Fork. The streams and the WPO Buffer will remain undisturbed and protected by upstream construction
activity with erosion and sediment control measures. By allowing minimal grading within the slopes, it reduces
the amount of retaining walls required which adds to the aesthetic park feel of North Fork. By reducing the
steep slopes within Albemarle County, this results in ultimately enhancing and improving downstream receiving
waters, providing a betterment for the County and environment. In addition, the allowance of the disturbance
to preserved slopes will allow the Foundation to provide pad -ready sites within the block areas which will
further enhance North Fork's ability to attract target industries and business to Albemarle County, furthering
the County's Economic Development Goals.
Please let me know if you have any questions related to the information contained in this letter. We look
forward to your review and feedback.
Sincerely,
W
Megan Nedostup
Attachments: Exhibit A- Existing Approved Application Plan and Steep Slopes
El