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HomeMy WebLinkAboutLOD200300039 Letter of Determination 2003-08-19 (2)COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012 August 19, 2003 Steven W. Blaine LeClair Ryan Post Office Box 2017 Charlottesville, VA 22902-2017 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 59, Parcels 3713, 37C, 37D, 37E, 37F, 38A, 3813, 38C, 38D, 38E & 38F (Property of Fenstone Developments L.P., Aeacus Real Estate L.P., Thomas E. Worrell, Jr.) Section 10.3.1 Dear Mr. Blaine: 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 59, Parcel 37B contains one (1) theoretical development right. Tax Map 59, Parcel 37C contains zero (0) theoretical development rights. Tax Map 59, Parcel 37D contains one (1) theoretical development right. Tax Map 59, Parcel 37E contains two (2) theoretical development rights. Tax Map 59, Parcel 37F contains one (1) theoretical development right. Tax Map 59, Parcel 38A is a lot of record with five (5) theoretical development rights. Tax Map 59, Parcel 38B is a lot of record with five (5) theoretical development rights. Tax Map 59, Parcel 38C is a lot of record with five (5) theoretical development rights. Tax Map 59, Parcel 38D is a lot of record with five (5) theoretical development rights. Tax Map 59, Parcel 38E is comprised of three separate lots of record; 1.96 acres with one (1) theoretical development right, 4.89 acres with two (2) theoretical development rights and 0.55 acres with one (1) theoretical development right. Tax Map 59, Parcel 38F is a lot of record with one (1) theoretical development right. The basis for this determination is provided below. IADEPT\BCZS\Determin of Parcel\59-37-38 Ivy Creek Parcels.doc Steven W. Blaine August 19, 2003 Page 2 Parcels 37B, 37C, 37D, 37E and 37F This analysis begins with the Ivy Creek Parcel that was identified as Parcel 27 on the 1980 Tax Map 59. This property was subject to the following rezoning actions. It is now zoned RA. ZMA-80-16 rezoned 215 acres, shown as Parcel 27 on Tax Map 59 from R-1 Residential to RPN / A-1. ZMA-94-10 amended a condition of ZMA-80-16 to allow a connection to Brook Road. ZMA-95-14 rezoned, with proffers, the 215-acre property from PRD to RA. This property is now comprised of Parcels 37B, 37C, 37D, 37E and 37F. The most recent deed recorded prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) for this property is in Deed Book 649, page 617. That deed, dated June 21, 1978 conveyed 214.11 acres from Farmington, Inc. to Thomas E. Worrell, Jr. The property is described as being composed of 420.568 acres conveyed to the grantor by deed recorded in Deed Book 388, page 580 plus 2.164 acres conveyed to the Grantor by deed recorded in Deed Book 478, page 261, but less and except 15.59 acres conveyed by the deed recorded in Deed Book 478, page 255 and 193.03 acres conveyed by the deed recorded in Deed Book 604, page 72. The 2.164 acres conveyed by the deed recorded in Deed Book 478, page 261 is a strip of the Weldon property that was added to Durrett Road to give it a width of 60 feet. This strip of land 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 2.164 acre parcel is not a lot of record as provided in Sections 10.3 and 10.3.1 of the Zoning Ordinance. Therefore, on the basis of this deed, this 214.11-acre parcel is determined to be one parcel of record with five (5) theoretical development rights. The applicant has provided the following history, in Italics, of the transactions affecting this property since December 10, 1980. Parcel 1: Ivy Creek Thomas E. Worrell, Jr., purchased approximately 214.11 acres and strips of land along Durrett Road from Farmington, Incorporated on June 21, 1978 (649/617- parenthetical references are to Deed Book/page number). Worrell conveyed all of the property to Ivy Creek, Inc. in March of 1982 (7361504). I:\DEPl113CMDetermin of Parcel\59-37-38 Ivy Creek Parcels.doc Steven W. Blaine August 19, 2003 Page 3 Ivy Creek, Inc. subdivided the property into Ivy Creek RPN and sold lots throughout the 1980s. (7391709, 768/160- both plats attached) The Ivy Creek Owners' Association (ICOA) was incorporated in 1982 and received title to the open space and roads of the subdivision, including the strips along Durrett Road (7521491, 7681163). A centrally -located 61.09-acre parcel was reconveyed to Worrell (7681340). Lot 10 went to Dennis Rooker (8061576), who immediately conveyed to Ann and James Swartz (8491143); Lot 20 to Samuel and Virginia Yount (8221168); Lot 16 to Ann and James Swartz in exchange for Lot 10 (8491145); Lots 14, 15 and 17 to James Swartz (8671730, 7391713); and Lot 18 to Richard and Jacquilyn Schultz (see Parcel 18 below). Worrell Enterprises, Inc. acquired Lots 14, 15 and 16 in 1986 (9211419), and Ivy Creek Inc. reacquired Lot 20 in 1987 (9371759) and Lot 18 in 1988. Lot 14 was conveyed to Gary M. Greene in 1987, then conveyed back to Worrell Enterprises the same year (9231269, 9531501). After a minor boundary line adjustment with no net change in acreage (7521487), Lot 17 was conveyed to Worrell Enterprises in 1986 (9211413), then to James and Ruth Pollock in 1987 (9211422). The strips of land along Durrett Road and Lots 9, 11, 12, 13, 21, 22 and 23 remained in the possession of Ivy Creek, Inc. The collection of then -current owners resubdivided the property in the early 1990s. Worrell subdivided his 61.09 acres along with the western half of the property (altogether approx. 102.75 acres) into 17 lots plus open space (11181630; corrected by 1192/239- both plats attached). Worrell conveyed a life estate in Lot 8 to Keepers, Inc. for the life of Thomas E. Worrell, III, with the remainder to the 1989 Zoe Artime Worrell Trust (11221710, 11221713). Worrell conveyed Lots 2 and 3 to Ivy Creek, Inc. (12021587). None of the other newly -created lots was conveyed to an individual purchaser. The eastern half of the property (approx. 101.83 acres) was subdivided into 16 lots plus open space (11441467; corrected by 11951333- both plats attached), which, except for Lot 10, also were never conveyed to individual purchasers. The boundary with the Northlea property was adjusted to remove a .49-acre strip (11951333), which was deeded into the Northlea property in 1995 (14951383). In 1992 in order to align the open space and road boundaries with the most recent subdivision plats, ICOA conveyed the open space and road areas to Ivy Creek, Inc., which immediately reconveyed the same, along with any other interest in the open space and roads of the entire subdivision (including the Northlea portion), to ICOA (12581387, 12581389). Meanwhile, the Pollocks conveyed Lot 17 to Worrell (14801117), who then conveyed it along with Lots 1, 4, 5, 6 and 7 to Ivy Creek, Inc. (15341633). Worrell Enterprises, Inc., also conveyed Lots 14, 15 and 16 to Ivy Creek, Inc. (15341637). Finally, ICOA conveyed all of the open space and road area to Ivy Creek, Inc. and quitclaimed any further interest in the Ivy Creek property (15771482, 15771484), so that by early 1997, all of the original property from Farmington was again in the hands of Ivy Creek, Inc. except for Lots 8 and 18 and the .49-acre off -conveyance to the Northlea property. The property was resubdivided ("abandoned") in 1997, yielding the current configuration of five parcels and including two boundary adjustments with TMP 59-59A to remove a total of 3.93 acres (15961481; corrected by 20011102). Finally, all of the lots I:\DEPT\BCZS\Determin of Parcel\59-37-38 Ivy Creek Parcels.doc Steven W. Blaine August 19, 2003 Page 4 comprising the property were reconveyed (except for lots 8 and 18) to one of Worrell's entities (Aeacus Real Estate Limited Partnership) to achieve the current configuration of lots and owners (16141381, 16141384). A discrepancy remains between the 214.11 acres conveyed by Farmington and the acreage as currently platted of the parcel, less all off -conveyances and boundary line adjustments. Based on the physical surveys of the property since purchase, it appears that the acreage actually conveyed from Farmington (less the strips of road) was approximately 204 acres. Also, title to Lot 8 remains split between the life estate of Keepers, Inc. and the future interest of the 1989 Zoe Artime Worrell Trust as remainderman; therefore, these two parties in interest must join in any development of Lot 8. T.M. 59, P. 37D Lot 18: Fenstone parcel As described in Parcel I above, Lot 18 of Ivy Creek RPN was conveyed from Ivy Creek, Inc. to Richard and Jacquilyn Schultz in 1982 (7461218). The Schultzes adjusted the northern and southern boundaries of the parcel in 1982 with no net change of acreage, then conveyed the property to the National Collegiate Realty Corporation in 1988 (9711464), which conveyed to Ivy Creek, Inc. (988187). Ivy Creek, Inc., conveyed to George and Alexandra Welsh in 1992 (12021494), and the Welshes conveyed the property to its current owner, Fenstone Developments Limited, in 1997 (5911521). Apart from the discrepancy of approximately 10 acres, this history contains no off conveyances that would reduce the number of development rights that were associated with the parcel of record as it existed on December 10, 1980. The most recent plat of this property is recorded in Deed Book 2001, page 103. This plat by Roger Ray & Assoc., Inc, dated September 25, 2000 divided the parcel of record into five tracts and assigned the five (5) theoretical development rights as follows. Tract 1 (37B) is assigned 1 development right that when used may not total more than 15.66 acres. Tract 2 (37C) may not be further divided into parcels of less than 21 acres. Tract 3 (37D) used 1 development right and may not be further divided. Tract 4 (37E) is assigned 2 development rights that when used may not total more than 8.31 acres. Tract 5 (37F) is assigned 1 development right that when used may not total more than 3.83 acres. 1ADEMBUSTetermin of Parcel\59-37-38 Ivy Creek Parcels.doc Steven W. Blaine August 19, 2003 Page 5 The proffered rezoning of this property to Rural Areas limits limits this property to a total of fourteen (14) lots. Parcels 38A, 38B and 38C This analysis continues with the Northlea Farms parcels identified as Parcel 36 on the 1980 Tax Map 59. This property is now comprised of Parcels 38A, 38B and 38C. The most recent deed recorded prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) for this property is in Deed Book 693, page 718. By deed, dated May 19, 1980, John S. Watterson, Jr. & Emily T. Watterson conveyed three parcels, shown on a plat by Kurt Gloeckner dated May 12, 1980. The parcels are described as follows: Parcel 1, containing 41.064 acres was conveyed to Stuart G. Watterson. This is now identified as Parcel 38A on Tax Map 59. Parcel 2, containing 40.318 acres was conveyed Wayt T. Watterson. This is now identified as Parcel 38B on Tax Map 59. Parcel 3, containing 40.129 acres was conveyed to John S. Watterson, III. This is now identified as Parcel 38C on Tax Map 59. On the basis of this deed, these three parcels, 38A, 38B and 38C are determined to be separate parcels of record. Each of these parcels has five (5) theoretical development rights. Parcels 38D & 38E Tax Map 59, Parcel 38E was shown as Parcel 39 on the 1980 Tax Map. Tax Map 59, Parcel 38D was shown as Parcel 38 on the 1980 Tax Map. The most recent deed recorded prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) for these two parcels is in Deed Book 390, page 261. This deed, dated July 10, 1963, conveyed four tracts or parcels from J. Deering Danielson and Rosemary S. Danielson to Katherine M. Dure. The tracts are described as follows: 1. A tract of land containing 4.89 acres, more or less, designated as Lot 1 on a plat recorded in Deed Book 252, page 537. This is a portion of 38E. 2. A tract of land containing 0.55 acres, more or less, designated as Lot 2 on the aforesaid plat recorded in Deed Book 252, page 537. This is a portion of 38E. I:\DEPTOUS\Determin of Parcel\59-37-38 Ivy Creek Parcels.doc Steven W. Blaine August 19, 2003 Page 6 3. A tract containing 1.96 acres, more or less, described on a plat recorded in Deed Book 253, page 319. This is a portion of 38E. These three tracts comprise what is shown on the Tax Map as Parcel 38E. 4. A tract containing 32.7 acres, identified above in the description of Deed Book 284, page 206. This is Parcel 38D. On the basis of this deed, Parcel 38D, containing 32.7 acres is determined to be a separate parcel of record with five (5) theoretical development rights. And, on the basis of this deed, Parcel 38E is determined to be three separate parcels of record; one containing 4.89 acres with two (2) theoretical development rights, another containing 1.96 acres with one (1) theoretical development right and the third containing 0.55 acres with one (1) theoretical development right. Parcel 38F Tax Map 59, Parcel 38F was shown as Parcel 36A on the 1980 Tax Map. The most recent deed recorded prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) for this property is in Deed Book 526, page 25. This deed, dated March 30, 1973, conveyed two acres from Citizens Bank and Trust Company to the Citizens Bank and Trust Company and Walter M. Cushman. The parcel is shown on a plat by Thomas B. Blue that is dated March 14, 1973 and attached to this deed. On the basis of this deed, Parcel 38F, containing 2.0 acres is determined to be a separate parcel of record with one (1) theoretical development right. The applicant has provided, in Italics, the following history of the transactions affecting this property since December 10, 1980. Parcel2: Northlea/Watterson Katherine M. Dure acquired three small parcels totaling 7.4 acres, along with a 32.7- acre parcel in 1963 (3901261), all of which she retained until her death in 1987. The parcels were conveyed by her devisees Leon and Ann Dure to Northlea Farms (9701695), and then conveyed to Ivy Creek Limited Partnership in 1988 (9981113). Citizens Bank and Trust Company and Walter M. Cushman as co -trustees acquired a two -acre square parcel in 1973 (526125) and conveyed it to Northlea Farms in 1985 (8391566). Northlea Farms, Inc. conveyed the parcel to Ivy Creek Limited Partnership in 1988 (9981110). I:\DEPl1BCZS\Determin of Parcel\59-37-38 Ivy Creek Parcels.doc Steven W. Blaine August 19, 2003 Page 7 In May of 1980, John and Emily Watterson subdivided their 121.5-acre Northlea Farms land into three parcels of 41.064, 40.318 and 40.129 acres, which they conveyed to their children (6931718). Each of the Watterson children conveyed his parcel to Ivy Creek Limited Partnership in 1988 (9981117, 9981120, 9981123). Ivy Creek Limited Partnership conveyed all eight of the parcels it acquired in 1988 to Thomas E. Worrell in 1990 (11151550), who immediately conveyed them to Northlea Farms, Inc. (f/k/a Watterson Farms, Inc.) (11151559). Northlea Farms subdivided the land into Phase V of Ivy Creek (11951345- plat attached) in 1991, but did not convey any lots to individual purchasers. The subdivision plat shows the addition of the .49 acres from Ivy Creek. Northlea Farms, Inc. conveyed the land to Ivy Creek Limited Partnership in 1991 (12021162), which resubdivided ("abandoned") in 1995, leaving the present configuration of five lots (1499/229- plat attached). Ivy Creek Limited Partnership conveyed the entire property to the present owner, Aeacus Real Estate Limited Partnership (one of Worrell's entities) (1614.378). This history contains no off conveyances that would reduce the number of parcels of record or the development rights that were associated with Parcels 38A, 38B, 38C, 38D, 38E and 38F as they existed on December 10, 1980. For reference, the most recent plat of this property is recorded in Deed Book 1499, page 229. The purpose of this plat by Roger Ray & Assoc., Inc, revised October 16, 1995 is to recreate the parent tract that existed on December 10, 1980. 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. I:\DEMBUS\Determin of Parcel\59-37-38 Ivy Creek Parcels.doc Steven W. Blaine August 19, 2003 Page 8 Sincerely, John Shepherd Manager of Zoning Administration Copies: Thomas E. Worrell Dennis Rooker Gay Carver, Real Ella Carey, Clerk Reading Files Estate Department 3oard of Supervisors Attached: ZMA-95-14 Action letter and proffers Table of parcels, deed references and development rights IADEPT1BCZS\Determin of Parcel\59-37-38 Ivy Creek Parcels.doc Tax Map/Parcel 12/10/80 Deed Development Rights Parent Parcel 59-37B D.B.649, p.617 1 59-27 59-37C D.B.649, p.617 0 59-27 59-37D D.B.649, p.617 1 59-27 59-37E D.B.649, p.617 2 59-27 59-37F D.B.649, p.617 1 59-27 59-38A D.B.693, p.718 5 59-36 59-38B D.B.693, p.718 5 59-36 59-38C D.B.693, p.718 5 59-36 59-38D D.B. 390, p.261 5 59-38 59-38E 4.89 acre portion D.B. 390, p. 261 2 59-39 59-38E 0.55 acre portion D.B. 390, p. 261 1 59-39 59-38E 1.96 acre portion D.B. 390, p. 261 1 59-39 59-38F D.B.526, p.25 1 59-36A I:\DEPIIBCZS\Determin of Parcel\59-37-38 Ivy Creek Parcels.doc �-A = `�- COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296.5823 March 21, 1996 Dennis Rooker, PC 115 South Pantops Drive Charlottesville, VA 22901 RE: ZMA-95-14 Dennis Rooker/Ivy Creek, Inc ETAL Tax Nlap 59A1, Parcels 1-33 & B (open space) Dear Mr. Rooker: q5-I-ct- �/ - The AIbemarle County Board of Supervisors, at its meeting on March 6, 1996, adopted the attached resolution approving ZMA-95-14. If you have any questions, please do not hesitate to contact me. Sincerely, V. Wayne ilimberg Director of Planning & nity Development VWC/jcf cc: Amelia McCulley Jo Higgins Fred Payne RESOLUTION TO APPROVE ZMA-95-14 IVY CREEK, INC. WHEREAS, in accordance with section 15.1-431 of the Code of Virginia and Section 33 of the Albemarle County Zoning Ordinance, a public hearing was advertised, adjoining property owners notified, and a hearing scheduled on ZMA-95-14 for rezoning approximately 214 acres from PRD, Planning Residential Develop- ment, to RA, Rural Areas District, on property more particularly identified in the zoning application; and WHEREAS, the Board's review of the application assumes that the 1994 approval of ZMA-94-10 was premised upon the fact that the driveway permitted by that approval would be properly gated to prevent unauthorized access from Ivy Creek Subdivision; and WHEREAS, this application and the attached proffers are consistent with the Comprehensive Plan, good zoning practices, and the prior approval of ZMA-94-10. NOW, THEREFORE, BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, hereby approves ZMA-95-14 with proffers, the proffers being attached hereto and made a part of this approval. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution duly adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on March 6, 1996. Clerk, Board of Cou ty Supervisors Date: 2/22/96 ZMA # 95-1.4 Tax Map Parcel(s) # 95A-1 Lots (1-33) and Parcel B 214 Acres to be rezoned from PRD to RA Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to -the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that the limitations: (1) are required or arise because of the nature of the property and the rezoning sought, and (2) have a reasonable relation to the rezoning requested. (1) Within 45 days of the rezoning of the property, the Owners will submit to Albemarle County for approval a revised plat of the property with a total number of lots not to exceed 14. (2) Prior to any further development of the property, the property shall be resubdivided in accord with an approved plat constisting of not more than 14 lots. (3) Access limited to Broomley Road only, and no access onto Brook Road. This condition shall not prohibit the connection of a private driveway from the Broomley Farm property to the roads serving the Ivy Creek property, provided that the private driveway is not used for subdivision purposes for so long as it physically connects the Ivy Creek property to Brook Road. Lots Owned: 59-A-1 (1, 4, 5-7, 17) Date Signed: 59-A-1 (2-3, 9-13, 19-33) Date Signed: r? �3 IlL- 59-A-1 (8) Date Signed: ) -�;, 3 C06 59-A-1 (14-16) Date Signed: 59-A-1 (18) Date Signed:_ Date Signed:_ Parcel B Date Signed:_ Owner Signature: Thomas E. Worrell, Jr. Ivy Creek, Inc. Bat1AU Robert M. Smither, Jr., V.P. Keepers, Inc. By:iM Robert M. Smither, Jr., V.P. Worrell Enterprises, Inc. 2. 9 y� B Robert M. Smither, Jr., V.P. Alexandra Welsh George Welsh Ivy Creek Owners' Association, Inc. B • obert M. Smither, r., V.P. rrrtvrrc:m rumor Date: 2/22/96 ZMA # 95-14 Tax Map Parcel(s) # 95A-1 Lots (1-33) and Parcel B 214 Acres to be rezoned from PRD to RA Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to -the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that the limitations: (1) are required or arise because of the nature of the property and the rezoning sought, and (2) have a reasonable relation to the rezoning requested. (1) Within 45 days of the rezoning of the property, the Owners will submit to Albemarle County for approval a revised plat of the property with a total number of lots not to exceed 14. (2) Prior to any further development of the property, the property shall be resubdivided in accord with an approved plat constisting of not more than 14 lots. (3) Access limited to Broomley Road only, and no access onto Brook Road. This condition shall not prohibit the connection of a private driveway from the Broomley Farm property to the roads serving the Ivy Creek property, provided that the private driveway is not used for subdivision purposes for so long as it physically connects the Ivy Creek property to Brook Road. Lots Owned: 59-A-1 (1, 4, 5-7, 17) Date Signed: 59-A-1 (2-3, 9-13, 19-33) Date Signed: 59-A-1 (8) Date Signed: 59-A-1 (14-16) Date Signed: 59-A-1 (18) Owner Signature: Thomas E. Worrell, Jr. Ivy Creek, Inc. By: Robert M. Keepers, Inc. ther, Jr., V.P. By: Robert M. Smither, Jr., V.P. Worrell Enterprises, Inc. By: Robert M. Smither, Jr., V.P. Date Signed: T,�Q,� `��- _ I I[ Alexa drd Weis Date Signed: /y� II George We h Parcel B Ivy Creek Owners' Association, Inc. Date Signed: By: Robert M. Smither, Jr., V.P.