HomeMy WebLinkAboutLOD200400020 Legacy Document 2007-12-11COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 7, 2004
Tara Rowan Boyd
LeClair Ryan
Post Office Box 2017
Charlottesville, VA 22902-2017
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 102, Parcels 35 (Property of Patricia M. Kluge), 35C (Property of J. W. Kluge)
and 35A (Property of Kluge Estate Winery & Vineyard) Section 10.3.1
Dear Ms. Boyd:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 102, Parcel 35 contains two (2) development rights, Tax Map 102, Parcel
35A contains ten (10) development rights. Tax Map 102, Parcel 35C contains zero (0)
development rights. The basis for this determination is provided below.
Tax Map 102, Parcel 35 (Albemarle House)
Our records indicate Tax Map 102, Parcel 35 contains 9.904 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1105, page 185.
The analysis for this parcel begins with the deed recorded in Deed Book 175, page 20.
This deed contains a plat of a 308 2/5 -acre tract. This property was identified in 1980 as
Tax Map 102, Parcel 35. This plat established the original Parcel 35, containing
308.4 acres as a lot of record for purposes of Section 10.3.
The most recent document for this parcel recorded prior to the adoption of the
ordinance, December 10, 1980, is a plat by William S. Roudabush that is dated January
9, 1977 and recorded in Deed Book 702, page 27. The plat shows a 4.151 -acre parcel,
designated as Parcel A, that was a portion of a 308.4 -acre tract shown on the plat that
is recorded in Deed Book 175, page 21. The 4.151 -acre tract is designated as Parcel 35
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on Tax Map 102. The residue is designated as Parcel 35A on Tax Map 102. On the
basis of this deed, this 4.151 -acre portion of Tax Map 102, Parcel 35 is determined
to be a parcel of record with two development rights.
Deed Book 735, page 161, dated February 12, 1982 conveyed 4.151 acres from Ronald
K. Barrister and Inez A. Barrister to John W. Kluge. The property is described as being
the same that was shown on the plat that is recorded in Deed Book 702, page 27. This
transaction has no effect on the status of the 4.151 -acre parcel.
Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from
John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts was
(3) identified as containing 4.151 acres and as being the same property that was
conveyed to John W. Kluge by the deed recorded in Deed Book 735, page161. This
transaction has no effect on the status of the 4.151 -acre - parcel.
Deed Book 1105, page 185, dated June 13, 1990, conveyed 9.904 acres from JWK
Properties, Inc. to Patricia M. Kluge. The property is shown on a plat by Gloeckner and
Osborne that is attached to the deed. The plat transferred 5.753 acres from Parcel 35A
to Parcel 35. No development rights were conveyed to Parcel 35. As a result of this
transaction, Tax Map 102, Parcel 35 contains 9.904 acres and two development
rights. The development rights are located within the area of the original 4.151
acre parcel.
Tax Map 102, Parcel 35A
Our records indicate Tax Map 102, Parcel 35A contains 165.130 acres and no
dwellings. The property is not in an Agricultural Forestal District. The most recent deed
for this property is recorded in Deed Book 2696, page 734.
The analysis for this parcel also begins with the deed recorded in Deed Book 175, page
20. This deed contains a plat of a 308 2/5 -acre tract. This property was identified in
1980 as Tax Map 102, Parcel 35. The plat established the original Parcel 35,
containing 308.4 acres as a lot of record for purposes of Section 10.3.
The analysis for this parcel continues with a plat prepared by A. R. Sweet and
Associates, dated March 18, 1959 and recorded in Deed Book 349, page 62B. It is
titled, "Plat Showing Ellerslie divided as Parcels A, B, C & E with Parcel D." Parcel A,
containing 156.11 acres and Parcel B containing 16.925 acres together comprised
Parcel 1 B as it is shown on the 1980 tax map. Parcels C, D and E shown on this plat
are not subjects of this determination. It is determined that this plat established the
16.925 -acre tract and the 156.111 acre tract as lots of record for purposes of
Section 10.3.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 702, page 24 and is dated January 1,
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1977. This deed conveyed two tracts from Ronald K. Banister and Inez A. Banister to
Short Hills, Inc. Tract #1 is described, in part, as follows:
(1) All those certain tracts or parcels containing in the aggregate 477.857 acres, being
the same land shown as 481.708 acres on a plat recorded in Deed Book 175, page
21 and Deed Book 344, page 63 (This should read Deed Book 349, page 63B) less
a tract of 4.151 acres shown on the plat by William S. Roudabush dated January 9,
1977, attached to this deed.
On the basis of this deed and with reliance on the March 18, 1959 plat by A. R.
Sweet and the plat recorded in Deed Book 175, page 21, the 481.708- acre parcel
is determined to have been comprised of four separate parcels of record on
December 10, 1980 as defined in Section 10.3. The parcels are identified as
follows:
1. Parcel A on the A.R. Sweet plat, containing 156.11 acres is a portion of Tax Map
103, Parcel 1 B as it was shown on the 1980 tax map. This parcel had five (5)
development rights on December 10, 1980;
2. Parcel B on the A. R. Sweet plat, containing 16.925 acres is a portion of Tax Map
103, Parcel 1 B as it was shown on the 1980 tax map. This parcel has five (5)
development rights.
3. The 4.151 acre parcel shown on the January 9, 1977 plat by William Roudabush.
This is shown within the bounds Tax Map 102, Parcel 35 on the 1980 tax map.
This parcel has two development rights.
4. The residue of the property shown on the plat recorded in Deed Book 175, page
21. This is identified as "Egern" on the A. R. Sweet plat. This property is shown to
contain 308 2/5 acres on the plat recorded in Deed Book 175, page 21. This was
identified as Tax Map 102, Parcel 35 on the 1980 tax map. This parcel, less the
4.151 -acre lot, has five development rights.
(156.111 + 16.925 + 308.4 — 4.151 = 477.285)
Deed Book 735, page 161, dated February 12, 1982 conveyed 4.151 acres from Ronald
K. Barrister and Inez A. Barrister to John W. Kluge. The property is described as being
the same that was shown on the plat that is recorded in Deed Book 702, page 27. This
transaction had no effect on the status of the 4.151 acre portion of Parcel 35.
Deed Book 735, page 163, dated March 3, 1982, conveyed several tracts of land from
Short Hills, Inc. to John W. Kluge. Tract (1) is described, in part, as containing 477.577
acres, being the land shown as 481.708 acres on a plat recorded in Deed Book 175,
page 21 less a tract of 4.151 acres shown on a plat recorded in Deed Book 702, page
27. This transaction had no effect on the status of the four parcels described
above.
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Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from
John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts were
the following:
Tract #3 was identified as containing 4.151 acres and as being the same
property that was conveyed to John W. Kluge by the deed recorded in Deed
Book 735, page161.
Tract #4 was identified as containing 477.557 acres and as being the same
property shown on a plat recorded in Deed Book 175, page 21 and a plat
recorded in Deed Book 349, page 63 (Actually, DB 344, P 62B is correct) less
the 4.151 -acre parcel shown on the plat recorded in Deed Book 702, page 27.
This transaction had no effect on the status of these four parcels.
Deed Book 1957, page 698 contains a plat titled "Division of Mountain Tract Being a
Portion of Tax Map 102, Parcel 35A and Tax Map 103, Parcel 1 E and 1 B." (The plat
references Parcel 1 E in error) This plat reconfigured the boundary between Tax Map,
102, Parcel 35A and Tax Map 103, Parcel 1 B. Parcels M, U and Z, portions of Tax Map
102, Parcel 35A were added to Tax Map 103, Parcel 1 B. Parcels V and W, portions of
Tax Map 103, Parcel 1 B were added to Tax Map 102, Parcel 35A. The plat notes that
(a) the new Tax Map 102, Parcel 35A retains only five development rights, (b) the
residue of Tax Map 103, Parcel 1 B retains five development rights, and (c) no
development rights are transferred with Parcel X.
As a result of this transaction, it is determined that Tax Map 102, Parcel 35A
contains 165.13 acres and ten development rights. In spite of the fact that the plat
states no development rights transferred with Parcel X, five development rights
are located within the 16.925 -acre tract identified as Parcel B on the A. R. Sweet
Plat. Based on Note (a) above, an additional five development rights are located
within the 78.82 acre Parcel (Y) and the 4.6 -acre Parcel (U) of the original 308.4
acre parcel.
Deed Book 2696, page 334, dated February 26, 2004, contains a certificate stating that
the name of House and Garden Company, L.L.C. was changed to Kluge Estate Winery
and Vineyard, L.L.C. This had no effect on the status of Parcel 35A.
Tax Map 102, Parcel 35C (Golf Course Tract)
Our records indicate Tax Map 102, Parcel 35C contains 216.690 acres and no
dwellings. The property is not in an Agricultural Forestal District. The most recent deed
for this property is recorded in Deed Book 1957, page 704.
The analysis for this parcel begins with the deed recorded in Deed Book 175, page 20.
This deed contains a plat of a 308 2/5 -acre tract. This property was identified in 1980 as
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Tax Map 102, Parcel 35. The plat established the original 308.4 -acre parcel as a lot
of record for purposes of Section 10.3.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 702, page 24 and is dated January 1,
1977. This deed conveyed two tracts from Ronald K. Banister and Inez A. Banister to
Short Hills, Inc. Again, Tract #1 is described briefly as follows:
(1) All those certain tracts or parcels containing in the aggregate 477.857 acres,
being the same land shown as 481.708 acres on a plat recorded in Deed
Book 175, page 21 and Deed Book 344, page 63 less a tract of 4.151 acres
shown on the plat by William S. Roudabush dated January 9, 1977, attached
to this deed.
On the basis of this deed and with reliance on the March 18, 1959 plat by A. R.
Sweet and the plat recorded in Deed Book 175, page 21, the 481.708- acre parcel
is determined to have been comprised of four separate parcels of record on
December 10, 1980 as defined in Section 10.3. Tax Map 102, Parcel 35C is a
portion of the residue of the property shown on the plat recorded in Deed Book
175, page 21. It is also a portion of the parcel identified as "Egern" on the A. R.
Sweet plat and was identified as Tax Map 102, Parcel 35 on the 1980 tax map.
Deed Book 735, page 163, dated March 3, 1982, conveyed several tracts of land from
Short Hills, Inc. to John W. Kluge. Tract (1) is described, in part, as containing 477.577
acres, being the land shown as 481.708 acres on a plat recorded in Deed Book 175,
page 21 less a tract of 4.151 acres shown on a plat recorded in Deed Book 702, page
27. This transaction had no effect on the status of the four parcels described
above.
Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from
John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts were
the following:
Tract #3 was identified as containing 4.151 acres and as being the same
property that was conveyed to John W. Kluge by the deed recorded in Deed
Book 735, page161.
Tract #4 was identified as containing 477.557 acres and as being the same
property shown on a plat recorded in Deed Book 175, page 21 and a plat
recorded in Deed Book 349, page 63 (Actually, DB 344, P 62B is correct) less
the 4.151 -acre parcel shown on the plat recorded in Deed Book 702, page 27.
This transaction had no effect on the status of these four parcels.
Deed Book 1957, page 698 contains a plat titled Division of Mountain Tract Being a
Portion of Tax Map 102, Parcel 35A and Tax Map 103, Parcel 1 E and 1 B. (The plat
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references Parcel 1 E in error) This plat reconfigured the boundary between Tax Map
102-35A and Tax Map 103, Parcel 1 B. Parcels M, U and Z, portions of Tax Map 102,
Parcel 35A were added to Tax Map 103, Parcel 1 B. Parcels V and W, portions of Tax
Map 103, Parcel 1 B were added to Tax Map 102, Parcel 35A. The plat notes that (a) the
new Tax Map 102, Parcel 35A retains only five development rights, (b) the residue of
Tax Map 103, Parcel 1 B retains five development rights, and (c) no development rights
are transferred with Parcel X.
As a result of this transaction, Tax Map 102, Parcel 35C contained a total of
216.68 acres. Parcel N, the residue of Parcel 35A, contains 205.09 acres and
Parcel V, a portion of Parcel 1113, contains 11.59 acres. No development rights
were conveyed to Parcel 35C.
Deed Book 1957, page 704, dated August 31, 2000, conveyed 216.69 acres from John
W. Kluge and Maria T. Kluge to Patricia M. Kluge, Trustee of the John W. Kluge, Jr.
Trust. This is the same property shown on the Gloeckner plat described above. This
transaction had no effect on this parcel.
These parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights are theoretical in nature but do
represent the maximum number of lots containing less than twenty one acres allowed to
be created by right. In addition to the development right lots, a "parent parcel" may
create as many parcels containing a minimum of twenty-one acres as it has land to
make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of
$120.00. The date notice of this determination was given is the same as the date of this
letter.
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
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Copies: Kluge Estate Winery and Vineyard
3414 Ellerslie Drive
Charlottesville, VA 22902
Gay Carver, Real Estate Department
Enclosed: Tax Map 102 showing development rights
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