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Home My WebLink AboutLOD200200035 Letter of Determination 2002-07-24July 24, 2002 Forbes R. Reback P.O. Box 20 Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 128, Parcel 29A, Tax Map 134, Parcels 2, 3 & 19 and Tax Map 135, Parcel 1 (Property Lone Oak, LLC) Section 10.3.1 Dear Mr. Reback: The County Attorney and I have reviewed the title information for the above -noted property. It is the County Attorney's advisory opinion and my official determination that: Tax Map 128, Parcel 29A contains zero (0) development rights. Tax Map 134, Parcel 2, as shown on the 1980 tax map, is a separate parcel containing one or two (1 or 2) development rights, depending if the property contains less than or more than four acres. Tax Map 134, Parcel 3 contains five (5) development rights. Tax Map 134, Parcel 19 contains five (5) development rights. Tax Map 135, Parcel 1 as shown on the 1980 tax map is a separate parcel and contains one (1) development right. The basis for this determination is summarized as follows: The most recent deed for this property, recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed Book 679, page 539. This deed, dated August 17, 1979 conveyed five contiguous parcels estimated to contain in the aggregate 1,439 acres from Ralph M. Wilber & Gloria S. Wilber to Nettie Marie Jones & Luther Knight. The five parcels are described, in part, as follows: \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\134- 3 Lone Oak.doc Lone Oak, LLC July 24, 2002 Page 2 FIRST: A lot of land on the north side of Howardsville Road near and west of Warren Road. The property has been known as the location of the Old Warren School and contains 2 acres. It is shown on a plat recorded in Deed Book 296, pages 424 —425 with a depth of 230 feet on the west side, a depth of 213 on the east side and a rear width of 427 feet. On the basis of this description, Parcel 1 on Tax Map 135 is determined to be a lot of record as provided in Section 10.3 of the zoning ordinance. SECOND: That certain lot or parcel of land near Sharon Church Road about one mile from the intersection with Howardsville Road as shown on plat of the Millsaps Farm recorded in Deed Book 161, page 204, upon which the Old Chestnut Grove School was located, estimated to contain 4 acres, more or less. On the basis of this description, Parcel 2 on Tax Map 134 is determined to be a lot of record as provided in Section 10.3 of the zoning ordinance. THIRD: That certain lot or parcel of land about 25 miles south of Charlottesville and about 2 1/2 miles from the Village of Warren, being more particularly described on a plat made by Hugh F. Simms in 1944, and reduced in scale on a plat dated July 1951, and recorded in Deed Book 296, pages 424 - 425. According to said plat this tract contained 1,410 acres, but the area has been recomputed and now is estimated to contain 1,372.21 acres, more or less. On the basis of this description, Parcel 3 on Tax Map 134 is determined to be a lot of record as provided in Section 10.3 of the zoning ordinance. FOURTH: A tract of land situated within the said 1,375 acre tract, being the old right of way of the C & O Railway Company, now abandoned, containing 9.39 acres, more or less, being the same land conveyed to Ralph M. Wilber by deed recorded in Deed Book 436, page 310 and reconveyed by deed recorded in Deed Book 436, page 317. This is Parcel 29A on Tax Map 128. This tract is in a class with well lots, cemetery lots and other special use lots created for a specific limited purpose. It is determined that this 9.39 acre tract is not a lot of record as provided in Sections 10.3 and 10.3.1 of the Zoning Ordinance. As used in those sections, it is reasonably implied that a lot of record must be one that was established as a building lot. Thus, it is determined that this portion of Tax Map 128, Parcel 29A, established as a rail road right of way, has no development rights. FIFTH: All that certain tract of land about 3'/2 miles north of Howardsville Road near Fulton, containing 50.6 acres, more or less, as shown on plat of a survey made by T. W. Saunders dated November 18, 1944 and recorded in Deed Book 484, page 570. On the \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\134- 3 Lone Oak.doc basis of this description, Parcel 19 on Tax Map 134 is determined to be a lot of record as provided in Section 10.3 of the zoning ordinance. Lone Oak, LLC July 24, 2002 Page 3 Deed Book 801, page 73, dated May 4, 1984 conveyed five contiguous parcels estimated to contain in the aggregate 1,439 acres from Nettie Marie Jones & Luther Knight to John W. Kluge. The property is described as being the same as was conveyed by deed recorded in Deed Book 679, page 539. Deed Book 824, page 63, dated December 10, 1984, conveyed several tracts or parcels of land from John W. Kluge and Patricia M. Kluge to JWK Properties, INC. Among those is #13 described in part as follows: Those three (3) adjoining tracts or parcels of land aggregating 1,382.83 acres, designated as parcels 2, 3 and 19 on Tax Map 134 and parcel 1 on Tax Map 135 and more particularly described as all those certain tracts or parcels of land, known as "Lone Oak" and "Millsap", containing in the aggregate 1,382.83, and being more particularly described on sheets 1, 2 and 3 on plats of R. O. Snow and R. W. Ray, Inc., dated May 21, 1984, hereto attached and made part of this deed and is the same property in all respects as conveyed to John W. Kluge by Nettie Marie Jones by deed dated May 4, 1984, and recorded in Deed Book 801, page 73, in which the property was erroneously estimated to contain 1,439 acres. Deed Book 2029, page 259, dated January 8, 2001, conveyed several tracts or parcels of land from JWK Properties, Inc. to University Real Estate Foundation. Among those is PARCEL SIX ("Lone Oak") described in part as follows: Those adjoining tracts or parcels of land aggregating 1,382.83 acres, more particularly described as all those certain tracts or parcels of land known as "Lone Oak" and "Millsap" described on sheets 1, 2 and 3 on plats of R. O. Snow and R. W. Ray, Inc., dated May 21, 1984, attached to and recorded with a deed recorded in Deed Book 824, page 63. Deed Book 2175, page 47, dated March 20, 2002, conveyed 1, 382.83 acres from University of Virginia Real Estate Foundation to Lone Oak, L.L.C. The property is more particularly described as "Lone Oak" and "Millsap," described on sheets 1, 2 and 3 on plats of R. O. Snow and R. W. Ray, Inc., dated May 21, 1984 and recorded in Deed Book 824, page 63. There have been no off -conveyances since the recordation of this deed. Based on this history, this property is determined to contain 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 \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\134- 3 Lone Oak.doc lots, a "parent parcel" may create as many parcels containing a minimum of twenty-one acres as it has land to make if all other applicable regulations can be met. 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 Lone Oak, LLC July 24, 2002 Page 4 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 $95. 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 Copies: Lone Oak LLC C/C Blue Ridge Capital 660 Madison Avenue New York, NY 10021 Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files \\cob_fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\134- 3 Lone Oak.doc