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Home My WebLink AboutAP201900001 Application 2019-02-14Albemarle Cnun�y Planning Application Community Development Department 401 McIntire Road Charlottesville, VA22902-4596 Voice: (434) 296-5832 Fax : (434) 972-4126 TMP 01600-00-00-03000 Owner(s): CARROORO UMrrED PARTNERSHIP Application #I AP20190000 PROPERTY INFORMATION Legal Description ACREAGE DA WELL FARM Magisterial Dist. White Hall Land Use Primary Residential Single-family (incl. modular home Current AFD Not in A/F Distract ♦ Current Zoning Primary '!!ural Areas JAPPLICATION INFORMATION Street Address 5662 WESLEY CHAPEL RD FREE UNION, 22940 Entered By Buck Smith El Application Type Appeal of Zoning Administrator's Determination 12. 14rjd'!9 Project F Received Date 02/13/19 Received Date Final E= Submittal Date 02/14/19 Total Fees Closing File Date - - Submittal Date Final Total Paid 258 Revision Number 1 -1 Comments Legal Ad ISUB APPLICATION Sub APPLICANT / CONTACT INFORMATION —ContactType Nan -Ne 0wr,eHApplii--int CARRBORO LIMITED PARTNERSHIP ............ * ...... ............... ......... - ......... ...... .. - Pmmary Czrte--t JUSTIN A. RITTER Address 204 DEVON RD ...........................I...................._ 250 E. HIGH STREET .................................................. Signature of Contractor or Authorized Agent Date C10Mn-,ent citystate dip CHARLOTTESVILL :22903 CHARLOTTESWLL 22902 -1 Phone I PhoneCell I .1 ---- 11.1 ... - ........... - ... :. .......... -1 .......... 4342938191 ............................ Project Name: Tax map and parcel: 01600-00-00-03000 Physical Street Address (if assigned): 5833 Wesley Chapel Road, Free Union VA 22940 Location of property (landmarks, intersections, or other): loll Zoning: Rural Areas The following information shall be submitted with the application and is to be provided by the applicant: 1) Completed application including subject of appeal. 2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to provide this information or submit an attached sheet. 3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. 6) Appropriate fee made payable to the County of Albemarle. Explanation of error in determination and justification of applicant's position: See attached letter Owner/Applicant Must Read and Sign I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. Signature ner or o urchaser, Agent Justin A. Ritter Print Name Date: February 13, 2019 434-293-8191 Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Revised 11/1 /2015 Page 2 of 2 GEORGE B. MCCALLUM, III DAVID W. KUDRAVETZ ROGER D. WILLIAMS KATHY DONOVAN ABELL RICHARD G. RASMUSSEN, Ill CHARRON H. MONTGOMERY ERIC D. SMITH JUSTIN A. RITTER LAW OFFICES MCCALLUM 8 KUDRAVETZ, P.C. 250 EAST HIGH STREET CHARLOTTESVILLE, VA 22902 (434) 293-8191 WWW.MKPC.COM February 13, 2019 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 [by hand] OF COUNSEL JOSEPH W. RICHMOND. JR. JANE CHAMPION CLARKE MOLLY B.F. WALLS STACIE H_ REID, CPA SETH F. PATES. CPA Re: Application for Appeal of Zoning Administrator's Determination TMP: 01600-00-00-03000 To Whom It May Concern: Our firm represents Carrboro Limited Partnership, L.L.P., a Virginia limited liability partnerghip, the fee simple owner of those certain legal parcels of land, designated by Albemarle County as Tax Map 01600-00-00-03000, containing 822.78 acres, more or less ("Subject Property"). Our client is appealing the County's Official Determination of Parcel of Record and Development Rights, as determined by letter dated January 17, 2019 ("Determination Letter"). The Determination Letter concludes that the Subject Property contains only one (1) parcel of record, with four (4) theoretical development rights. We contend the Subject Property contains (5) parcels of record, with twenty four (24) theoretical development rights. Our dispute with the outcome of the Determination Letter originates from that certain Deed dated May 25, 1978, recorded in the Clerk's Office of the Circuit Court of Albemarle, Virginia, Deed Book 647, page 258 ("Subject Deed"). The Subject Deed is the last recorded deed prior to the County's December 10, 1980, zoning ordinance that established the theoretical development rights of each parcel of record as of such date. As a result, the property description used in the Subject Deed is the critical item to examine when determining theoretical development rights. 1 Fee Received RECEIVED Received Date FEB 1 3 7n19 COMMUNITY DFVFI-OPMENT Received By In its Determination Letter, the County examined the language of the property description of the Subject Deed and concluded the following: The singular nature of `all that certain tract' and `containing in the aggregate' implies that the aggregate of 843.79 acres was one parcel of record on the date of the adoption of the zoning ordinance, December 10, 1980. Additionally, the plats [sic] description states, `Plat showing a survey of an 843.79 acre tract,' implying that it is one tract of land. The 1979 Albemarle County Tax Maps show it as one parcel of record as well. Lastly, the deed's description states, `The property hereby conveyed was acquired ... as follows' before listing the parcel references A-E. This description provides a record of how the property was acquired, but does not imply that the property contains the separate parcels A-E. In conclusion, there is not enough evidence to suggest that parcel 01600-00-00-03000 was anything more than 1 parcel of record on the date of the adoption of the zoning ordinance. The property description language at issue is shown below, with the areas of emphasis underlined in red representing language supporting the County's position and the areas of emphasis circled in blue representing the language supporting our contrary position. unto oakencroft Land corporation, all that certain tract or parcel of land situate near Free Union in Albemarle County, Virgi ni.a # fronting onState tete 671 and 601, containing iA the agcJregate 843.79 aares as shown can plat of Thomas D. Bluee C.iv:.l Engineer and, hand Surveyors dated Februa;y 19750 , ,attached her+.to and rade a p& rt of this deed a� conveyance. The property heri.by cionveyed was acquired by James F. Lewis, Jr. as follows. teas el Date Of Reoordatim Hata r w-ference Deed .A 10/1/62 D.B. 382, p•. 375 Versa= s. maupin,f et ux I g 10/1'62 DB. 382 r p. 379 Nettle A. MauPin E C 8/6/63 D.B. 390r p.. 34U Nettie A. M I]Pi i /15/69 D.R. 4631, p. 584 Crbin F. (meter, Sp, 9/5/69 D.H. 4630 p..568 mil A. !t3win et al � 0a