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Home My WebLink AboutLOD199900005 Letter of Determination 1999-07-01REVISED LETTER July 1, 1999 Jeff Dise, CLS Kirk Hughes and Associates 220 East High Street Charlottesville, Virginia 22902 Re: Official Determination of Number of Parcels and Development Rights — Miller School Property containing the Main School Grounds (Tax Map 72, Parcel 32) Dear Mr. Dise: The County Attorney and I have reviewed the title information and plat that you have submitted for the above -noted property. The plat is titled "Composite Survey of The Miller School of Albemarle" dated February 15, 1999. It is the Assistant County Attorney's advisory opinion and my official determination, that these properties consist of the following separate parcels: TAX MAP 72, PARCEL 32 containing 1,066 acres Tract 1 (147.48 acres) This tract is subdivided by Dick Woods Road (Rt. 637) and Miller School Road (Rt. 635). These public roads divide it into a total of four (4) lots. Lot 1A (84.65 acres) - 5 development rights Lot 1 B (62.00 acres) — 5 development rights Lot 1C (0.68 acres) — No additional development rights. This parcel may not be buildable. Lot 1D (0.15 acres) — No additional development rights. This parcel may not be buildable. 08/20/15 Page 2 of 4 Determination of Parcels (TM 72, P32) Tract 2 (360.76 acres) This tract is subdivided by Miller School Road (Rt. 635) and has frontage on the Mechums River. The public road divides it into a total of two (2) lots. Lot 2A (270.91 acres) — 5 development rights Lot 2B (89.85 acres) — 5 development rights Tract 3 (3.67 acres) This tract is internal to the main school grounds. It has no additional development rights. Lot 3 (3.67 acres) — 1 development right, no additional rights Tract 4 (0.50 acres) This tract fronts on Dick Woods Road and is adjacent to Tract 2A. Lot 4 (0.5 acres) — 1 development right, no additional development rights. This parcel may not be buildable. Tract 5 (160.37 acres) — This tract is subdivided by Dick Woods Road (Rt. 637) and Miller School Road (Rt. 635). These roads divide it into five (5) lots. Tract 5A (81.96 acres) — 5 development rights Tract 5B (20.10 acres) — 5 development rights Tract 5C (46.26 acres) — 5 development rights Tract 5D (1.83 acres) — 1 development right Tract 5E (10.22 acres) 5 development rights Tract 6 (134 acres) — This tract is within the main school grounds and contains a large lake. It consists of one tract. Tract 6 (134 acres *including water surface) — 5 development rights Tract 7 (58.5 acres) — This consists of one tract internal to the main school grounds and adjacent to the lake. Tract 7 (58.5 acres) — 5 development rights Tract 8 (68.75 acres) — This tract includes a portion of the lake and has frontage on Rt. 689 (Pounding Creek Road). Tract 8 (68.75 acres) — 5 development rights Tract 9 (26 acres) — This tract is adjacent to TM 85, Parcel 27G and TM 86, Parcel 17A. It includes a pipestem out to Pounding Creek Road. Tract 9 (26 acres) — 5 development rights Tract 10 (115.7 acres) — This tract has frontage along Pounding Creek Road. Tract 10 (115.7 acres) — 5 development rights *This acreage is estimated. The actual number of development rights is dependent on surveyed acreage and actual building sites which comply with the zoning regulations. The number of hypothetical rights is calculated at the rate of 1 development right per 2 acres, with five being the maximum number of development rights allowed. 08/20/15 Page 3 of 4 Determination of Parcels (TM 72, P32) Tract 11 (1 acre) — This tract has frontage on Burch's Creek Road. Tract 11 has no additional development rights. It may not be buildable without the addition of other land. In summary, this is the total number of separate parcels: 4 (Tract 1: lots A -D) 2 (Tract 2: lots A and B) 1 (Tract 3) 1 (Tract 4) 5 (Tract 5: lots A-E) 1 (Tract 6) 1 (Tract 7) 1 (Tract 8) 1 (Tract 9) 1 (Tract 10) 1 (Tract 11) 19 parcels Each of these lawfully separate parcels is entitled to the noted associated development rights if all other applicable regulations can be met. These development rights are only hypothetical in nature but do represent the maximum number of lots of less than 21 acres allowed to be created by right. In addition to the development right lots, {a) "parent parcel{s)" referred to as a "tract" or a "lot" by this letter, may create as many parcels with a minimum of 21 acres in area as there is land available. This determination primarily considered two means by which the property would be considered "separate parcels of record." First, I considered the history of acquisition of the property and the language of the deeds. The tracts were originally acquired by separate deeds dating back to the middle of the last century. Since that time, there were several off -conveyances for easements, etc. Based on what you submitted, there is no transaction which combined the properties. Finally, I considered the findings of Anne H. Sanford v. Albemarle County Board of Zoning Appeals in recognizing separate parcels created by Virginia Department of Transportation's maintenance of roads with either prescriptive easements or fee simple ownership. This is reflected when separate "lots" are listed within a "tract." It is possible that the County Real Estate Department combined this property into one parcel number for the efficiency of sending one tax ticket. "This acreage is estimated. The actual number of development rights is dependent on surveyed acreage and actual building sites which comply with the zoning regulations. The number of hypothetical rights is calculated at the rate of 1 development right per 2 acres, with five being the maximum number of development rights allowed. 08/20/15 Page 4 of 4 Determination of Parcels (TM 72, P32) If you are aggrieved by this determination, you have the right to appeal it within thirty (30) 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. In order for an appeal to be considered complete, it shall include a completed application and $95 fee. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please feel free to contact me at your convenience. Sincerely, Amelia G. McCulley Zoning Administrator Cc: The Miller School of Albemarle Ella Carey, Clerk to the Board Reading File by Tax Map 1 by tax map, 19 by determination "This acreage is estimated. The actual number of development rights is dependent on surveyed acreage and actual building sites which comply with the zoning regulations. The number of hypothetical rights is calculated at the rate of 1 development right per 2 acres, with five being the maximum number of development rights allowed.