HomeMy WebLinkAboutSP202000013 Correspondence - VOF 2020-07-21FOUNDATION
June 29, 2020
Scott Kelley
Hilmasco LLC
7285 Plank Road
Afton, VA 22920
[SENT BY EMAIL ONLY]: skelleykaetoscapitalasia.com
RE: VOF Easement: ALB-01335
Deed Book/Page: 2659/602
Recorded:12/17/2003
Dear Mr. Kelly:
On behalf of the Virginia Outdoors Foundation (VOF), I would like to thank you for the information
submitted by your legal representative, Lori Schweller on June 2, 2020. The information includes
proposed plans to submit an application for a Special Use Permit (SUP) with Albemarle County to
hold commercial events on your property which has been held under open space easement since 2007.
The following language contained within the Deed of Easement (DOE), as recorded in the Clerk's
Office of the Circuit Court for the County of Albemarle, pertains to the proposed plans:
7. Buildings and Structures. No permanent or temporary building or structure shall be built or
maintained on the Property other than......
(iii) each of the presently existing non-residential outbuildings located on the Property,
including but not limited to the two cinder -block garages, farm office, poultry house, carriage
barn, mule barn, hay barn, cinder -block dairy barn and shed, two 2-story frame barns, three I -
story boarding stables and indoor riding ring, pump house, corn crib, 4 run-in sheds, water
tower, green house, garden house, and the former slave house. Each of the structures permitted
herein may be maintained, renovated, enlarged, relocated or razed and replaced, provided
that, if replaced, dwellings shall be replaced at their present approximate locations. New farm
buildings or structures exceeding 4,500 square feet in ground area may not be constructed on
the Property unless prior written approval for said building or structure is obtained in writing
from Grantee, which approval shall not be unreasonably withheld. Grantee's approval shall be
limited to consideration of the impact of the size, height and siting of the proposed structure on
the conservation values of the Property.
8. Industrial or Commercial Activities. Industrial or commercial activities other than the
following are prohibited: (i) agriculture, viticulture, aquaculture, silviculture, horticulture and
equine activities, (ii) temporary or seasonal outdoor activities which do not permanently alter
Central Office 1900 Natural Resources Drive, Suite 800 1 Charlottesville, VA 22903
www.voforg
Page 2, ALB-01335 Event Review 20200629
the physical appearance of the Property, and which are consistent with the conservation values
herein protected, (ttt) activities which can be and in fact are conducted within permitted
buildings without material alteration to the external appearance thereof. Temporary outdoor
activities involving 100 or more people shall not exceed seven days in duration unless
approved by the Grantee in advance in writing.;
The proposed plans include repurposing or rebuilding the existing indoor riding ring for use as a
commercial event space. Given the restrictions in the DOE, new buildings cannot be constructed for
commercial uses not specifically allowed by Restriction 8(i) above. Therefore, rebuilding of any
existing buildings or construction of new buildings or structures for a commercial event use is not
allowed under the DOE. However, existing buildings may be adaptively reused for such a commercial
purpose if required renovations do not materially alter the external appearance of that building. To
ensure compliance with the DOE, please allow VOF to review and approve any proposed changes to
the exterior of the existing building(s) before implementation. This review process will involve
conducting a site visit to document the current condition of the existing buildings as well as to gauge
the proposed impacts to the protected conservation values. In addition, any new infrastructure to
support the commercial event use, such as parking areas, roads, utilities, etc., must be reviewed and
approved by VOF prior to construction.
Please contact me with any additional questions or comments regarding this determination at 540-422-
5011 orjaltice@voforg.
Respectfully,
Justin Altice
Stewardship Specialist
CC: Lori Schweller, Williams Mullen, Legal Representative, By Email
Central Office 1900 Natural Resources Drive, Suite 800 1 Charlottesville, VA 22903
www.vof org