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Home My WebLink AboutAP201900001 Staff Report 2019-04-16�t INA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD LANE AUDITORIUM, 2:00 P.M AGENDA TUESDAY, MAY 7, 2019 Call to Order 2. Establish a Quorum 3. Public Hearing: A. Project Number: AP201900001 Carrboro Limited Partnership, L.L.P. Property Owner/Appellant: Carrboro Limited Partnership, L.L.P. Staff: Kevin McCollum 4. Approval of Minutes A. April 2, 2019 5. Old Business 6. New Business 7. Adjournment BOARD OF ZONING APPEALS MEETING GUIDELINES Thank you for attending the Board of Zoning Appeals (BZA) meeting. The following information is provided to help ensure the meeting proceeds as efficiently and effectively as possible. As a courtesy to others, please turn off all cell phones during the meeting. General Information: This meeting is recorded and later transcribed into minutes approved at a later meeting date. Each item set for public hearing will begin with a presentation of the staff report. Next, the applicant or appellant for that item will be invited to speak. During the course of the process, the Chairman will open the public hearing to comments from the public. At the end of these proceedings the Chairman will announce that the public hearing is closed. Once the public hearing is closed, no further public comments will be allowed unless the Board asks for additional information from the applicant or appellant. The BZA reserves the right to digress from these guidelines in any particular case. To Members of the Public: If you wish to address the Board, please raise your hand or stand when the Chairman asks for public comments for that item. When it is your turn for comment, please come to the microphone and state your name for the record. For uncommon spellings, please spell your name for the recording secretary. If you are with a group of people, you may want to have a spokesperson present your position to the Board. In order to give all speakers equal treatment and courtesy, the Board requests that speakers adhere to the following guidelines: • Come forward to the speaker's podium and state your name; • Address comments directly to the Board as a whole - open public debate is prohibited; • State your position and give facts and other data to back it up — keep in mind that there is a 3 minute time limit for public comment; • Give written statements and other supporting material to the Recording Secretary (written comments are also welcome if you do not wish to speak). Additional Guidelines for Applicants and Appellants addressing the Board: • Please contact staff in Community Development ahead of the meeting to make any necessary arrangements for your presentation. The Recording Secretary will also need copies of any handouts _given to the BZA members for the official record of the meetin_q. • Be clear in stating your position and do not repeat information that has been previously submitted to the Board. • Stay on topic by addressing the questions in the application or by responding directly to staffs determination(s). Focus on presenting facts and data that support your position. • Keep in mind there is a 15 minute time limit for presentations and a 5 minute time limit for rebuttal comments. The Board will ask any necessary follow-up questions to clarify points made during the presentation. • Understand that the Board of Zoning Appeals cannot change County ordinances. The BZA reserves the right to place additional time limitations on speakers, as necessary. Preliminary BZA Packet for May 7, 2019 Information Submitted by Applicant r � E.�tr;� � '► 7 ��GE� 2 � 8 � • `i f THIS DEED, made this 25th day of May, 1978, by and between } s JAMFS F. LEWIS, JR. and ROSEMARY R. LEWIS, husband and vife, 111 { Grantors, parties of the first part, and OAKENCROFT LAND CORPORA- i !i TION, a Virginia corporation, Grantee, party of the sec)nd part, f E W I T N E S S E T H That for and in co nsideration of the sum of SIX HLNDRED SEVENTY-FIVE THOUSAND A'ND N0/100 DOLLARS ($675,000.00)• of which $175,000.00 is cash in hand paid, receipt of which is 'iereby acknowledged, and the balance of $500,000.00 is evidenced by one S k i deferred purchase money bond secured by a deed of trust recorded i immediately hereafter, the Grantors hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANT:; OF TITLE unto Oakencroft Land Corporation, all that certain tract or parcel d situate near Free Union in Albemarle County, 'lirginia, fronting on State Route 671 and 601, containing in the aggregate 843.79 acres as shown on plat of Thomas D. Blue, Civil Engineer ( 1 and Land Surveyor, dated February 1975, attached hereto and made j i a part of this deed of conveyance. The property here -by conveyed a i was acquired by James F. Lewis, Jr. as follows: Parcel Date of Recordation Data Grantor < Reference Deed ! I 375 Vernon S. Maupin, et ux I A 10/1/62 D.B. 382, p. ! g 10/1/62 D.S. 382, p. 379 Nettie A. Maupin C 8/6/63 D.B. 390, p..340 Nettie A. Maupin D 8/15/69 D.B. 463, p. 584 Orbin F. tarter, SP. CO • E 9/5/69 D.B. 463, p. 568 Cecil A. Maupin et a1 Parcel A is subject to: i i ranted Virginia Telephone and Telegraph 4 1. Right of way g g 1962, of record in Deed Book 380, Company by deed dated August 4, page 442, }' 1 { k � 7 PnEO 2 5 2. Rights of way granted for construction and maintenance of gas transmission line and telephone facilities incident thereto by deeds dated June 6, 1930, January li�0, 1931, May 13, 1930, and April 12,-1965, of record in Deed Book 211, page 564; Deed Book 212, page 321; Deed Book 214, page 490; and Deed Book 407, page . 283, respectively. 1. Rights of the public in and to such portions of the premises as are within the bounds of State Route 671. Parcel B is subject to: 1. Rights of way granted for gas transmission line and tele- phone facility by deeds dated June 6, 1930, January 30, 1931, and April 12, 1965, of record in Deed Book 211, page 564; Deed Book 212, page 321; and Deed Book 407, page 285, respectively. 2. Rights of the public in and to such portions of the prem- ises as are contained within the bounds of State Route 601. Parcel.0 is subject to: 1. Rights of way granted for construction, operation and maintenance of gas transmission and telephone line facilities by deeds dated.June 6, 1930, January 30, 1931, and April 12, 1965, of record in Deed Book 211, page 564; Deed Book 212, page 331; and Deed Book 407, page 283, respectively. 2. Rights of the public in and to such portions of the premises as are contained within the bounds of State Route'671. Parcel D.is subject to: 1. Possible rights of Virginia Electric and Power Company as set forth'in deed dated August 4, 1962, of record in Deed Book 380, page 442. 2. Rights of the public in and to such portions of the premises as are situate within the bounds of State Route 671. Reference is made to the plat hereto attached and plats a I ! recorded with and referred to in the aforesmentioned deeds of acquisition for further and more particular description of,the property hereby conveyed. t sy - -r ��......... - .., t .... __...�_ .mot ,,:.:�.r,..__,.�'�.�:., �� - »•d..�, t ir,6;f_ .a: s16.:r�... q 3 WITNESS the following signatures and seals: (SEAL amen F. Lewis, jr. (SEAL) osemary R. wis STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -Witt f The foregoing instrument was acknowledged before me this 26 day of May , 1978, by James F. Lewis, Jr. and Rose- f Mary R. Lewis, husband and wife. My Commission expires: February io 1981 Notary Pub1mc i + i I �4 i D R ELLINGTON L J. F;LYtiULDS � D.B Sa6.•,C 647 D R L r,EYN u sa(. see r C i PLAT SHOWING A SURVEY OF AN 843.79 ACRE TRACT LOCATED ON STATE ROUTE 601 AND STATE ROUTE- 671 AND ON PINEY CREEK NORTH WEST OF FREE UMON IN ALBEMARLE COUNTY, VA. A INIA: This dee TAX f t1 [: .TAX t ;FER FEE :' S FEE A OR'S TAX TOTAL�� 20OK (ocn PAc� o a6a IN THE CLERK'S OFFICE OF THE CIZMIT COURT OF THE C0,7N r Ci A;.ALWA L. �was presented, and with Certificate f y'1 ased, adnicted to rersr2 ea o C� at ��naxO'Clock L TCSTE: SUEZ T J, KUSHALL. CU= �� •� BY: cizu 1 1 M a 9 net it; D. R. ELLINGTON L, J. REYNOLDS z 0. B. 546-570 piot att in D. S. /1 73-322 (dnff.) stoof Cite D. R. ELLINGTON L. J. REYNOLDS iron found D. 8. 54 6 - 570 A�, in stone pile D.S. 117 -196(ploi) 6% - 1_. N150- 45'- 40"E 151.26'- PIDO 40UM NOI�54'- 4d'w N200-10'-50"E 47.70' S. E corner W90 etone / N2GO-32'-30"E 49.78' m'Vd Mckwy N320-45'_3d'E 71.19,- N340-17'-2d"E 202.9d N WO- 05i-OdE If 3.55'- N52!-100.6d S710 2C-56"Ai N 27'0- 3d.2d'F 89.6 d - 1b N, pipe found G. W. MAUPIN RICHARD M. DAVIS _4 B. 526-575D.B.266-65 0. a. 2 59 -5474b 0.8.526-577(plot) (descr.) rU P;P# found 'k G.W. MAUPIN' D. E3.293 -120 0.8.100-23a LN'b 0 to, NW-41'-33dW J*1 0 C7 694,49' • o. f rood ;s CANE POINTS cc Prowtv line U.0.2�4-99 N31'�L02-40 W 10().54 iron se? of fence corner S14"�41'-06"W 23.33- 190-34-20"E 244.12' irm found S30*-32!-Id'E 20,43' of fence crit 0orRed stoneS30'0-27' '5d'found E 4 3* S500-24-30"W 68?..97, 82'..._. j stoma �qmore S #,Cmq �' •J creek gyp 85.83' S70'�-49'.4d'W 82.84 of crook if >11 --AN. - , %�- " I property I;np ;�^ v ;x� " - S029-2S-3d'E 38.94� S53o-46:_5d`E 110,62, won found iron frAlm lye % S 3 7 0-01'- 30 "E 32,08' S 20*- 52-N48.86' E S56O-35'_Cd'W 164,92'-- iron !ound A/ 84,3.79 S07'0-4d-10'W 2 3.0 8' S 330- 26- WE 8 1.37' :N090-42�-00"F_ 51.32-S 090- Sr)90-2d-2d'W 234,62' AC�eS 26-0(f E 117. 87' CECIL A. MAUPIN piv�-foiiffld of 0.8. 473 -156 �0\ fenci corner old house N I Iia- I e.- KW 61 00, Nip 4 54. N 290-25-2 77. Ir --S020-40:- Yv 86.o2, -S 28'0-44- C9 0 -E 74.46� D. B 428-251(plot) ------S450-I4' N 33'0-56 4CE WE 114.54' ______S20k1_I7'_5d'E iron flound JAM F. LEWIS Jr. 191. 00' 58.99 �n fpnr.o D-8, 419-161(comporliternap) 'N349m!5I'-30�'E 189.95'-' CS 410 - 19'- 2Cr E 12,3.02' D.B. 382-375,37-t (plot) N36`0-49%d'E 98. 1 0. S. 384-527 D. 9. 390 -340,341 (plot) N360�-59'_ 40" E 372, 2' S 74R- 1'9'3d'w D.8,463-568 D. 8. 463 - 584 N39o-56'20"E 65 8. 0 4'- of rood is properry limo 710,49ii N49o-04'-3C;'E 51.68'--- i,oniq set in fence S351'-36.30"w ortqe of inboroft"od rasa! 17. 1, 2' N 61'0-55'-20" E M04' - - --N56q-25'-50'E 237.90' S,r 5c,- 30,-)dw 410.13' N 6 40 - 33'-30" E I 10 14'- N 5 40- 26 - 4d'E 86. A to N 48- 3 3'- 10" E 300,58' A N 55 0-2l- 4d'E 225.T5 ' - r,)n found at fence cor. N40`-55'-!5d'E 73.56: -N47"-01' 40"E 71.20' N 2 20 - 51'- WE __---N39o-4d-Id'E 240.3d CECIL A. MAUPIN 249-- 573 \ A N 110 -04*- 3d'E -N41CL04-5d"E 127.17' -N".5I'-4d"E 67.98' N 2 30- 4 9'- 5d E 66.34 N60'041'101 146.87' S440- 10'. 50"W N400-13% 10"E 68.60',,-, # I --A 130-25'id 114.50 ____N 4 1 0_ 013.. �ME 87.35, 1332.7 E 75.86 N 5990- 24-se E 93.64 IN 67`�- 440qE 6 1. 00' iron Set of N 750-26'00'E T 3.14' f ienet corner -N 8CP_4d-4d E 143.od 1467°13-30"W fifnelf corner I old house 327.02' ---N60o-2d-40"E 87.66 iron Sol, by°-22 E 51q-35`- VE 98.46' so N,48C-L>o-qdE worked 7 ron aft at fence corner orked in feniry 267.41 N8k54'-5d'W 272.24 17 persimnym iiine as shown on plat in 0 8 382-377 beliT�, to be incorrect, 0A01 .244 -A4 marked hickory 0 S660- Od'.3CN 150.12*- GUY A. VIA EStote \ ' S72'0- 17'-2(XW 1654.37' moored walnut 60 D. 8. 235-427 N 8 5-44_ 1 * 84 o 'd2e- ce P.P0 set of #ona crook R. H, MAUPIN D. 8. 235-430(plat) D. 8 2 7 8 - 550 We N N 70"� 42'- 1 0"*142.7V Pipe set at fonc* a crock D.S. 7_662-406 v-pe set at fence ki creek D. 8 - 308 -463 N580-36-50'W 281'44'D. S D.B.241-249(plat) Dip* set at lickary" pipe found a. 201 - 251 (plot) in 4F*ncv nt rrt# junction _--cripek 71" H. L. MORRIS 0. S. 268-465 iron set in fence npe r0ed wotnut H. L. M O R R I S red at fromstone "I D. 8 268 - 4-65 S280-00 00, W cipe 7nd 318, 0 8, pat fence 'Df'rwr MADIE H. LAWRENCE P;00 tun(N,\ fence D. B. 33 8 - 234 To S. 277-151 (plot) Free Un lit S -2'. 2d"W - 470 1 L. MORRIS S43`-I5'-00"W 71. d lb 0.8.466 -376 D. 8. 466 - 3 78 (P lot) S 580�- 51, - 5d, W 9 � \ � *. oslit N. of iron oft no ;rori ilet at✓ S65o Z fence Oar 5.6d- locust Si.30-03-40"E S29c'-20'-Od'IE I!59.0d 346.18 S53O-014i-4d'W 287.e :'time at RUBY A. HICKS W. S. 42 -432 L. W. SHIFFLETT .y 0.8. 363-379 0.13. 214 - 87 (plat) xb .olo X/ 11v PLAT SHOWING A SURVEY OF AN 843.79 ACRE TRACT LOCATED ON STATE ROUTE 601 AND STATE ROUTE 671 AND ON PINEY CREEK NORIrH "W"EST OF FREE UNION IN ALBEMARLE COUNTY VA. SCALE1"=60d (before roduet;on) GRAPHIC SCALE DATE: FEBRUARY, 1975 0 3�W soly 9W 24W 2.m. THOMAS D. BLUE Civil Engineer and Land Surveyor Charlottesville, Virginia Jobif 1803A Preliminary BZA Packet for May 7, 2019 Information Submitted by Staff Phone (434) 296-5832 IRG1- COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Memorandum Fax (434) 972-4126 To: Members of the Board of Zoning Appeals From: Kevin McCollum, Planner and Designee to the Zoning Administrator Division: Zoning Subject: Preliminary Package for AP-2019-001 "Carrboro" Board of Zoning Appeals - May 7, 2019 Meeting Date: April 11, 2019 To Whom It May Concern: This memorandum serves as cover sheet and provides information on all of the items included in the AP-2019-1 Preliminary Package. This appeal is scheduled for the Board of Zoning Appeals on May 7, 2019. Preliminary Package Items: 1. Letter of Determination LOD201800023. The Official Determination of Parcel of Record and Development Rights, dated January 17, 2019, is the subject of the appeal. The Letter of Determination (LOD) concludes that the Subject Property, TMP 01600-00-00-03000, contains only one (1) parcel of record, with four (4) theoretical development rights. 2. Appeal Application AP201900001 The Appeal of the Zoning Administrator's Determination was submitted on February 14, 2019 and includes the applicant's detailed justification of the appeal. 3. Deeds This preliminary package includes all of the Deeds mentioned in the Letter of Determination as well as the appeal application. 4. A Copy of Tom Blue's Original Plat of the Subject Property This plat, acquired by staff from Roger W. Ray & Assoc Inc. Surveying, is a more detailed and easier to read copy of the plat on page 261 of Deed Book 647. April 11, 2019 AP2019-1 Preliminary Package Page 2 5. Section 10 (Rural Areas) of Chapter 18 of the Albemarle County Code. Section 10.3.1 of the Zoning Ordinance provides the regulations for the use of development rights. 6. Development Rights Memo This memorandum, written January 27, 2006 by Greg Kamptner, explains and analyzes the regulations and many of the key issues pertaining to development rights. 7. Citizen's Guide to Development Rights The "Citizen's How to Manual" is a resource available on the Community Development website that explains and answers many of the key questions about development rights. 8. Tax Map 01600-00-00-03000 Map This map from the Albemarle County Web-GIS is how the Subject Property exists in the Albemarle County Real Estate records today. Phone (434) 296-5832 IRG1- COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Memorandum Fax (434) 972-4126 To: Members of the Board of Zoning Appeals From: Kevin McCollum, Planner and Designee to the Zoning Administrator Division: Zoning Subject: Preliminary Package for AP-2019-001 "Carrboro" Board of Zoning Appeals - May 7, 2019 Meeting Date: April 11, 2019 To Whom It May Concern: This memorandum serves as cover sheet and provides information on all of the items included in the AP-2019-1 Preliminary Package. This appeal is scheduled for the Board of Zoning Appeals on May 7, 2019. Preliminary Package Items: 1. Letter of Determination LOD201800023. The Official Determination of Parcel of Record and Development Rights, dated January 17, 2019, is the subject of the appeal. The Letter of Determination (LOD) concludes that the Subject Property, TMP 01600-00-00-03000, contains only one (1) parcel of record, with four (4) theoretical development rights. 2. Appeal Application AP201900001 The Appeal of the Zoning Administrator's Determination was submitted on February 14, 2019 and includes the applicant's detailed justification of the appeal. 3. Deeds This preliminary package includes all of the Deeds mentioned in the Letter of Determination as well as the appeal application. 4. A Copy of Tom Blue's Original Plat of the Subject Property This plat, acquired by staff from Roger W. Ray & Assoc Inc. Surveying, is a more detailed and easier to read copy of the plat on page 261 of Deed Book 647. April 11, 2019 AP2019-1 Preliminary Package Page 2 5. Section 10 (Rural Areas) of Chapter 18 of the Albemarle County Code. Section 10.3.1 of the Zoning Ordinance provides the regulations for the use of development rights. 6. Development Rights Memo This memorandum, written January 27, 2006 by Greg Kamptner, explains and analyzes the regulations and many of the key issues pertaining to development rights. 7. Citizen's Guide to Development Rights The "Citizen's How to Manual" is a resource available on the Community Development website that explains and answers many of the key questions about development rights. 8. Tax Map 01600-00-00-03000 Map This map from the Albemarle County Web-GIS is how the Subject Property exists in the Albemarle County Real Estate records today. �'IRGiN�� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 17, 2019 Peter A Wiley 503 Faulconer Dr. Ste 6 Charlottesville, VA 22903 RE: LOD201800023 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS — Parcel ID 01600-00-00-03000 (5833 Wesley Chapel Rd, Property of Carrboro Limited Partnership) White Hall Magisterial District Dear Mr. Wiley: 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 Parcel ID 01600-00- 00-03000 is comprised of one (1) parcel of record, with four (4) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 01600-00-00-03000 contains 822.78 acres and two (2) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 01600-00-00-03000, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 647, page 258 and is dated May 25, 1978. Before December 10, 1980 Parcel ID 01600-00-00-03000 (843.79 acre parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres 647 / 258 5/25/1978 Y ...all that certain tract or parcel of land... containing in the 843.79 aggregate 843.79 acres as shown on plat... attached hereto and made a part of this deed. The property ... was acquired ... as follows: Parcel A DB 382, p.375 Parcel B DB 382, p. 379 Parcel C DB 390, p. 340 Parcel D DB 463, p. 584 Parcel E DB 463, p. 568 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 description states, "Plat showing a survey of an 843.79 acre tract," January 17, 2019 LOD201800023 Page 2 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. After December 10, 1980 Parcel ID 01600-00-00-03000 (822.78 acre parcel of record) Deed Parcel Development Book/Page Date Change Description Acres Rights YorN 854 / 633 10/8/1985 Y ...all that certain tract or parcel of land... containing 843.79 5 11.336 acres as shown on the attached plat ... This is a portion of the property conveyed... in Deed - - Book 647, page 258. The plat notes state the allocation of 11.336 1 development rights. 1 development right was used to create this parcel as described in DB = _ 647 / 258. The remaining 832.454 acres now has 4 development rights. 832.454 4 997 / 60 5/19/1988 Y ...all that certain tract or parcel of land... containing 832.454 4 9.674 acres as shown on the attached plat ... This is a portion of the property conveyed... in Deed Book - - 647, page 258. 9.674 acres of land was added to that parcel 9.674 0 created in DB 854 / 633. No further development rights were used so Parcel 16-30 retains 4 = _ development rights and now contains 822.78 acres. 822.78 4 1018 / 461 6/9/1988 N ...all that certain tract or parcel of land... more 822.78 4 particularly described as 822.78 acres, more or less, being the 843.79 acres ... shown on a plat... in Deed Book 647, page 261, less and except 11.336 acres conveyed... in Deed Book 854, page 633... and less and except 9.674 acres conveyed... in Deed Book 997, page 60... This property is a portion of the property... in Deed Book 647, page 258. 1584 / 308 12/12/1996 N All that certain tract or parcel of land... particularly 822.78 4 described as 822.78 acres, more or less, being the 843.79 acres... shown on a plat ... in Deed Book 647, page 261, less and except 11.336 acres conveyed... in Deed Book 854, page 633... and less and except 9.674 acres conveyed... in Deed Book 997, page 60... The Property conveyed herein is the same property conveyed... in Deed Book 1018, page 461. January 17, 2019 LOD201800023 Page 3 Based on these deeds; Parcel ID 01600-00-00-03000 is determined to be one (1) parcel of record, comprised of the following: Approximately 822.78 acres+/-, containing four (4) development rights. The parcel is 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 contain less than twenty one acres allowed to be created by right. Additional lots of 21 acres or larger can be created. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) Please contact me if you have questions or require additional information. Sincerely, //(� VAW�,__ Kevin McCollum Planner Designee to the Zoning Administrator Attachment: Map delineating parcel(s) of record and development rights. Tax Map/Parcel 16-30 16-2 ifi-1yJ ,s 2 p 15.25 is 2S ,vx �17 3 17-2�317 2D4 \ 17 a9 10 ) Legend (Note: Some items on map may not appear in legend) ry� ^ + ( ? 7 50 0 '—i ^ 116-2116-22 16-26 ^� 17-5D to I 17--108 F 17-7 B x- `' t 17 10 7 CX MOUNTAIN r�C 17-105 ..... - o —o" e a�REs Es,a,o„ A 17. 53 ))r ! � ®CB °a"� 16-23 17 m 17-10 fi ��--17=104B 17-105B ® PoFF EON 16-24 ^ 17-7 �1 AM1 z rn 1 17� 10�4A. 1fi-27 ®aE REpr�rta asM oP.—N 17 9 03B' 17-103 -A '"-1715 16-33B �'� 17-81C 16-17 �' lop •rPe 17-55 17-]10`0 G 1 1 17-26B 17-99 17 8 Q' j 16-33 7 6 17-98 �g j;. 1 sy 17-8B 601 17-60 17-26D 17 IA 16-33 , Parcel16-30 �. 822.78 Acres1{-6� P 4 Development Rights fj 17 63 16-15A ifi- 5A3 17-65 16-30 16-15F 671 \ %\ 17-12 �615A2 ir7-13B1� -� 17-13B 1fi-13A16-15D 17-13 C17-1;3C 16-15A1 16-30B 17-25A rs r3D R601 76 36 13 � 16-15C z '`� >� A 16-37-25D� 17-15 -' 1 fi-136 } 16-45 16-59 17-16B 17-16A� 1258 ft 16-6 B 1 co 01` A 16-39 1 1fiC h� 17-16 y�FA F 9 �� -IIII GIS-Web g Geographic Data Services 16-7 i6=7A 16-40 16-46 16-55 �l' www.aIbemarle.org y�RG. (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 10, 2019 W i I k y J ti t 3 FACED 2 5 8 1S-76 k THIS DEED, made this 25th day of May, 1978, by aid between t i JA?IFS F. LEWIS, JR. and ROSEMARY R. LEWIS, husband anI wife, I Grantors, parties of the first part, and OAKENCROFT LkND CORPORA- { ! TION, a Virginia corporation, Grantee, party of the second part, E� That for and in consideration of the sum of SIX HUNDRED i SEVENTY-FIVE THOUSAND AND 140/100 DOLLARS ($675,000.00 , of which $175,000.00 is cash in hand paid, receipt of which iE hereby i acknowledged, and the balance of $500,000.00 is evidenced by one t deferred purchase money bond secured by a deed of trust recorded immediately hereafter, the Grantors hereby GRANT, BALGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANT'S OF TITLE unto Oakencroft Land Corporation, all that certain tract or parcel of land situate near Free Union in Albemarle County, Virginia, 1 frontingon State Route 671 and 601, containing in the aggregate � � 843.79 acres as shown on plat of Thomas D. Blue, Civ:.l Engineer ' and Land Surveyor, dated Februairy 1975, attached her,:to and made a part of this deed of conveyance. The property herby conveyed was acquired by James F. Lewis, Jr. as follows: Parcel Date of Recordation Data Grantor i Reference Deed A 10/1/62 D.B. 382, p. 375 Vernon S. maupin, et ux ; µ B 10/1/62 D.B. 382, p. 379 Nettie A. Maupin 4 C 8/6/63 D.B. 390, p..340 Nettie A. Maupin $/15/69 D.B. 463, p. 584 Orbin F. Carter', Sp. OmTr6 i D ! E 9/5/69 D.B. 463, p. 568 Cecil A. rtaupin et al E Parcel A is subject to: 1 1. Right of wayI granted Virginia Telephone and Telegraph l Company b deed dated paY Y August 4, 1962, of record in Deed Book 380, .page 442. S �3 i W I T N E S S E T H 7 PnEO 2 5 2. Rights of way granted for construction and maintenance of gas transmission line and telephone facilities incident thereto by deeds dated June 6, 1930, January li�0, 1931, May 13, 1930, and April 12,-1965, of record in Deed Book 211, page 564; Deed Book 212, page 321; Deed Book 214, page 490; and Deed Book 407, page . 283, respectively. 1. Rights of the public in and to such portions of the premises as are within the bounds of State Route 671. Parcel B is subject to: 1. Rights of way granted for gas transmission line and tele- phone facility by deeds dated June 6, 1930, January 30, 1931, and April 12, 1965, of record in Deed Book 211, page 564; Deed Book 212, page 321; and Deed Book 407, page 285, respectively. 2. Rights of the public in and to such portions of the prem- ises as are contained within the bounds of State Route 601. Parcel.0 is subject to: 1. Rights of way granted for construction, operation and maintenance of gas transmission and telephone line facilities by deeds dated.June 6, 1930, January 30, 1931, and April 12, 1965, of record in Deed Book 211, page 564; Deed Book 212, page 331; and Deed Book 407, page 283, respectively. 2. Rights of the public in and to such portions of the premises as are contained within the bounds of State Route'671. Parcel D.is subject to: 1. Possible rights of Virginia Electric and Power Company as set forth'in deed dated August 4, 1962, of record in Deed Book 380, page 442. 2. Rights of the public in and to such portions of the premises as are situate within the bounds of State Route 671. Reference is made to the plat hereto attached and plats a I ! recorded with and referred to in the aforesmentioned deeds of acquisition for further and more particular description of,the property hereby conveyed. t sy - -r ��......... - .., t .... __...�_ .mot ,,:.:�.r,..__,.�'�.�:., �� - »•d..�, t ir,6;f_ .a: s16.:r�... q 3 WITNESS the following signatures and seals: (SEAL amen F. Lewis, jr. (SEAL) osemary R. wis STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -Witt f The foregoing instrument was acknowledged before me this 26 day of May , 1978, by James F. Lewis, Jr. and Rose- f Mary R. Lewis, husband and wife. My Commission expires: February io 1981 Notary Pub1mc i + i I �4 i w 6-m Ift a ASWs D. R. ELLINGTON S147 L. J. REYNOLDS 0.8. 546-570 0, S. 7 3 3 2 2 (*no.) jj•#* :of 'A $too Plv D. R. ELLINGTON L. J. REYNOLDS D.6 546-570 ton four-0 'n pl-ie 0.6. 117 - Ise (PI41) 4 5'. �, E 151 .1 E coerw 'd,& racratV E 47 7 of W90 SSW* E mW on 05'. od, E 113 55 S 7 1 a- zu-su"w -00 GU h 2 3 a'.2d"E 89, 6d RICHARD M. DAVIS �G- W� MAUPIN 0. B. 2 6 6 -45 0' 6 3 -5 0. a. 2 9 - 54`7 D. S.526577 (p bt) 33.81, to 0 C w 1AAUP',N 4� C A N p C' 1 T S N 190.34'-20"E 244.12' C 4 it..:* 23.33 Smp-3:2.1(YE 20.43' M.82� S 3 85 03' trom lit x E 3 a otope-1 '-"r C t"`0 'e 82-94' . I - . te Nv 0 :."'E 3zcg' iN :4 4e 0C w ICA :0 S11 - 2� '0 0.- 1�74117'- W S E it? 87* :N090-42`-0Z- E 5 134 C L -i�' - 779 Arc -es 2 d'w 234 oz, 8.4- N Ito.. Is'- 1.3, r, 1. CZ C. 114 c, C. �CECIL A N' F'N k. �E '5447' qqm'C4 C" nor ow house N?90-25-- E 77.:6' Nn*-56'AC'E JAMES F. LEWIS Jr. Z 5 'S- 5. E 0. S. 419- JFj(C,-M.p0tjje map) 1F,9 95' S419. IV-Zw--E 08 384-527 N36c'. 55'- 40"E 372 2- -- 10. S. 390- 3 4 0,341 (;:w) D. ® 463 - 584 N r,6-' -39o.'520"E :68.04' 5!. 6 8'-- -")-I 09t r' 11.1ev 0^ \ i N6'o-'55-ZC\`E 5C.04' E S 7 5 N 540. 2 O- -;C�'E 66.38' 5 2 1*- 4'.1'E 4;c" 13, N460 33'-10-E 300.58' ruww N 4 0" - 55'-5 "E 73.5c v I*-C* C�' A 17*140�--C'f 74: �C' L-/ 100 CECIL A. MfAUP I N N11c' -C,4'- !;:i'E 132,46' k N 23'0.. 4 9*'- W E 64 -X4 01 D. a 249- r473 N40P-13- I 10� E ".6a S44*. 10% 50" 1313 2 7 6' rof% I.f fit N f"y 1% 13'. 10"w sort Coe-*p 327,02, V- 4� \N85*-33'-2d'w t32 I :n# aq 0 13 !j9Z.377 f 33-20'. W 132-!' rs •rer �0_.w 7 2.2 N S80,,5,4-5d'W 272.24 41„ '30 w 15012 S660-0g"36'w 150.12 1 6 4.37--'� GUY A VIA Estate R H Lt "S t; Pi .4 111 0.8. 235-427 N 8 50 - 44'- 1 d"W e 4.2!� a 0 rtz-Al:+�' 9. Z 3 5 -4 30( pie.) N70P-42'-I0"\Wj42.7!�- 0 3 '�- 4 .44. 2 D, 8. 2 7 8 - 5rd 0(deSer.) C•ov Sell I f w '4580-'MQ-50 w 29C.,A4 D'op -er Of - - 'n "o-ct a'Crttt -C H C� 'roe tot A *act 0. fo H. L. MORRIS not4W# 3.9. litQ* 0.pt f nd old 318.0 8" C MADIE H. LA'NRENCE fq.,Cv J41 v 34 3 277 f"' S4702 0 7- w J. L IV* R R1 S -r, 9 466.376 1z' fd of ;q'qA S%" e run 9vt of S650-53-Icil,w 185 - oe --A #fmcq Cof pfl. 92 L e,2-)*-20'-0d'E 159.CHO�- 546.18' co, S53`--14'-4d'w RUBY A. HICKS W. 8.42-432 L. W. SHIFFLET D. S. 36 3.379 -'3 41 �b SUAL11" 2 D a, 214 - 87 (plcf) o Al C3 1,1 0 1 ItI11116 1cr,11111M, , ifM11111111111 I PLAT SHOWING A SURVEY OF AN 843.79 ACRE TRACT LOCATED ON STATE ROUTE 601 AND STATE ROUTE 671 AND ON PINEY CREEK NORTH WEST OF FREE UNION IN AL.BEM'ARLE COUNTYVA. SCALE 1"`60C GRAP41C 41CALE 0 900 600' 150(y z 07-01cy 2 40f.) 2 ?0Q ?""'T If 0 0'p 0- 40 OATE FT- BRUARY, 19?5 THOMAS D. BLUE civil Fnqjr-ev omd 10141 'vrvP-Y*f Choflulle.ville, vifqvila INIA: This dee TAX f t1 [: .TAX t ;FER FEE :' S FEE A OR'S TAX TOTAL�� 20OK (ocn PAc� o a6a IN THE CLERK'S OFFICE OF THE CIZMIT COURT OF THE C0,7N r Ci A;.ALWA L. �was presented, and with Certificate f y'1 ased, adnicted to rersr2 ea o C� at ��naxO'Clock L TCSTE: SUEZ T J, KUSHALL. CU= �� •� BY: cizu 1 1 i // 336. ex 8 5 h tom►► 6 3 3 C C6994 THIS DEED, made this 8th day of October, 1985, by and between OAKENCROFT LAND CORPORATION, a Virginia corporation, Grantor, of the first part, and CHARLES P. ANCONA, Grantee, of the second part, whose address is 2 Boars Head Lane, Charlottesvile, Virginia 22901, W I T N E S S E T H: That for and in consideration of the sum of $10.00, and other good and valuable consideration, all of which are hereby acknowledged, the Grantor hereby GRANTS, BARGAINS, SELLS and CONVEYS with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto Charles P. Ancona, as his sole and separate equitable estate free from the control and marital rights, including dower, of any present or future wife of said party of the second part, all of which are hereby expressly excluded, and with full and complete authority in said party of the second part to alien, convey, encumber and otherwise deal with and dispose of the same without necessity of joinder by or with any present of future wife of the party of the second part, all that certain tract or parcel of land located on State Route 671 in Albemarle County, Virginia, containing 11.336 acres as shown on the attached plat of R. 0. Snow, Inc., dated September 30, 1985, entitled "Plat Of 11.336 Acres Parcel, a Portion of the Property Designated on T.M. 16 as Parcel 300. This is a portion of the property conveyed Grantor by deed of James F. Lewis, Jr. and his wife, dated May 25, 1978, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 647, page 258. This conveyance is made expressly subject to the easements, conditions, restrictions, and reservations contained in duly PAGE 1 OF 2 conveyed which have not expired by a limitati therein or have not otherwise become ineffecti I WITNESS the following signature and seal: E:'1K 8 5 4 two 6 3 4 recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby on of time contained ve. OAKENCROFT LAND CORPORATION BY: (SEAL) John . Rogan, Pre` ent STATE OF VIRGINIA CITY/COUNTY OF &t4At4A't'- , to -wit: The foregoing instrument was acknowledged before me this 9th day of CU&J & 1985, by John B. Rogan as President of Oakencroft Land Corporation. My Commission expires: (0- 15-87 OTARY PUBLIC m o a m m m K rO i Z r D m r 0 I r N q m r O p 'DaN� r" .♦ rp` 9- K e� osrrir vu ° b sM crr y j 0 2 O r r w s m w� °?I'?4"w 02 1319.10 Ov' 49015 _ 344 07 a 469 10 > Z °4+s �' e 00 9 . 0 , 21 N (h ° > C') 6f itiZ15 m h) a MMIf.�° g96105 yfOti°CID r i M. 9 lot 5_' m m i Z�ofo 01 A rn N, fZ' 89 ►O[ 3„ ►l, li ° S95 354 06 ± ACRE \ a 2 RESiouE OF i+(• i 0 B 390 340 - 341 PLAT D r C0� V^/ • ! m � O s two 0 �Z n OD Z Z a s a r 2 p w H T O a m —ate m A 9ma2 i�� 0 2�$�?v ate$±�ynrir D2c>i rh IA g'o^i<�'^o ho >$ C D D m ~ f m �� r as nbi=� g oz) rh m A � y ��' � � m � i nnnbiy= "+ s y�a��o >Emi a C>T»Z RUM g � n M'oRr TTa OT w or m i 0 1 g s AD l� "� ia��i° O (n (n r- r m z y b n A r- a 2 rn ) a z T ti 2 0 2 o y2 a O s� 10 10 rZ Y sSA to t '" - s O irr r' ggqp p ) a 2 D y�y -1 EtS = rt�i O VI (m 2 N y 2 N o • A e Eric 8 5 4 PAui16 3 6 VIRGIMIA : IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEKARLE : 33 6 THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, ADMITTED TO RECORD ON od 9 I sfs ; a O'CLOCK oM. STATE TAX LOCAL TAX S go TRANSFER FEE 1 _ do CLERK'S FEE I .A 1 PLAT a - GRANTOR'S TAR TOTAL 41.3 a TESTE: SHELBY J. MARSHALL, CLERK BY: XnAQA 09PUTY CLERK 'K-'S LEEL rave this ]St* day cf !!ay, :gee, i.. a,.d ik-Vetn' 0A.UN'I9: i.A.h-D CCR •C'rA 1O!`, a -la CG':j':Sat' ,.t, C, t.*.e first Fart, and c':F r5 .^. ; r•aIt V},,!.se ddres-s 4s: [ Iva. 3'g «:Ea,• '..a",yr 'F: ° fc7 and i c x;s_ e7at._... of .,`.:E sun: ,,:f -er D a .a;.£ j ,.$: i''l• aa'u . t."t.e7 C-GC-u•-a..'!". u a112, E' C t;: +, a E-aA:. ,. V!',L•c": 3.7E ie7E<i::': a;C'.Ly.C`111cdic'e�d', t.',Iae C::2.,! .a.Ta ~ t C" tL�'rk'. Y L t...t: ;CP;XF's:}:7.. il11':F.}:.it7: a::'.�f,- EX1Ca Srii :' Y ia:):?^•;'. 'C: f• 1 a 1711. LZA C' 'l }ta 3 : e E. f . }S5!C:Ct?! a , a. E; }LJ E e,pa;.7 a t e• e'q;"t,a&3,1 e' e Sa:L e' f --ew f 7'Gm, t"ne :c cm t.7 G S:p:f 'C$ s.'Dt'U3'E' s:pCtCts:E' *f :E:at::d!:CT II,Tjt:f.E•, &. •V,f lk a!S'C!}'; 3.Te?.,E:I'E:+'y E;g'pT2's_s.�� 2:.T:Cr;11�'hd„ L:T:,U' Y.':, t.k; f`C1J� acE1C. 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Y=' t:I! •E t' a �it.2!''.�_ :p:7'e. tf:';.t •v7i •:J't;tiGT'E' :E:r,GtG£;e :G>,, 't:hE"' �(;2Tz It.oe•,: '3'.,'.s t-tia,Y CrE;?'t:L.lT� t. ::t:z c- I oul.er ' ilt ?`..I,etId£u- c "ICtul! .'y,r t' �• -' at , C + r:Tea. 2'.S =:?tY,SV 'rl?i tide` a'tt.a,.it,trf .tr-•ii 'i,-$;ifs„ �2:?lt.:; +..�:e+di "C:C1n1j:.JrtrC' T1:a�t 'C; T 41.7V 'Ar.Ttf: .7+tt?'Uva,, .at 'CiCtT .,„ �t,e:J:Tis aliflL+itNCl t:'r: .}? tCtf:1 't12V-^tfy!9$,„ tf!ye, 12?v wilt-Y 'rt"f rCT1£1,731t'£; }tiT,rtr•ITIFi".. ..4'tt::£: 3:a� s •p,ctrt.;�am •t,t ltt: ;ptrr!y,ts?<t�3r t'rrm�re3rttd: .t::tte od 'I'ante'.S; '.. lbovr s: ,, , .T%. iltldi 'Alit; '':r/ J.irT'`„ &tl:t;vtj 'ffid y d.,T) 'tare C J t ^'f;" i 'Cry S:J.'be :v.f the tC11.voW t -C'C tVxwt. ar{ :?;1iLtemt£�rJre' .Z;rAuttt y„ 'Va 7 f n :£,.,r i:n Ilh6,fi :Amok. 44 71,, p+upt, Ttui:i, rtrm?rt: atlrat �;£: ntadle s xfutaE s] �tuttry'ttrt tc> .13w iii:Sli'tlttElllu:f;., c[S�Itfti?t: Ir7lkfip :?xt:i.ti7'.1lt't:7.'rIItF„ :alto imuic,rNittlin�t£; :CtCn ttl:yltttd 7:T, ;Ztu l'y rtersrlr.'Ghtr dEthGti;, p7:ttt:f;r, wid, !vt m'T.. ;i:It£:t.runitntt£; arylrrt;i suit_ in{� nnrtsst:rurii :i .vr. mo-I.3a:t: a:Tt the! •r:ha iat : w:f tt::Y:J e Azo true I'l I Ir -I'V .-ow, "Y,O WTI I .Tl 11.,Avel !)M el"'pi 1 0)(11 by A ]imitation 4 � 4 ,, " —1.— 1, o 'A ri i? I I hn v is I I o t of b is I w A, w Whe. F Aj I """N777,,. ,v THE OIVISION Of THE LAND DESCRIBED HEREON IS WITH NOTES THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE Of l THE UNDERSIGNED OWNER, PROPERTIES AND TRUSTEES ANY (`Ii ( 1. �� I. IN D.R. 647-258, OAKFNCROFT LAND CORP. WAS CONVEYED REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE 5 TRACTS OF LAND AGGREGATING 84779 ACRES ONE OF DEEMED AS THEORETICAL ONLY ALL STATEMENTS AFFIXED THESE TRACTS CONTAWED 365.4 1 AC., SHOWN ON PLAT TO TNIS PLAT ARE TRUE AND CORRECT TO THE BEST OF MY RECORDED W D.B. 390-341, THE 11.336 ACRE PARCEL WAS KNOWLEDGE. A PORTION OF THE 365.41 AC. AND THE 9.674 IS A PORTION � Of THE 365.41 AC. 2. THE 21.01 AC. L THE RCSIDUE.CACII HAVE A MINIMUM OF 30,000 ( SQ. FT. OF CONTIGUOUS AREA WITH SLOPES LESS THAN 25%. THE LAND USE REGULATIONS LISTED BELOW ARE IMPOSED PURSUANT TO IMF ALBfALARLE COUNTY ZONING ORDINANCE IN EFFECT THIS DATE AND ARE SHOWN FOR INFORMATION PURPOSES ONLY THEY ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON TH(S PLAT IS NOT INTENDED TO IMPOSE TNfM AS SUCH A. THE ZL01 ACRE PARCEL MAY NOT BE FURTHER DIVIDED. APPROVED FOR RECORDATION 8. THE 344.40E AC RESIDUE MAY BE Or4M INTO A TOTAL OF 4 LOTS OF LESS THAN 21 ACRES. DIRECTOR OF PLANNING T.M. 16 - PARCEL 15A1 FRANK H. ALLEN L T.M. 16 - PARCEL MSC DALLAS A. ALLEN THOMAI B. MUTOSH \ D.B. 702 - 490.493 PLAT D.B. 931 - 157 DA.590 - 470 PLAT __ P'PM TI4.95 N17.55'57"E 9.674 AC. T.M. I6 - PARCEL 37 THOMAS B. L CAROL MCINTOSH o ID D.B. 647 - 258 D.B. 066 - 105 Io e D.B. ual - 28 PLAT O N Ln A — h 0 � N N �� P N24'38'36't 625,00 T.M, W - PMCEL 30 DAKENCROFT LAND CORP. < O\ Qv O.B. 647 - 258 IO 0 � e P N 1.1 W 10 N z 11.336 AC. T.M. 16 - PARCEL 308 �+ CHARLES P. ANCONA DA. 854-633,635 PLAT w u a ° 'V P WW Oi ID v` T.M. 16 - PARCEL 36 y o ¢ G PD�Aµ'l THOM" B. t CAROL McJLTOSH 0A. 006 - NOS n 0- O� 'CS ,b505 ,1M B'G. tot O.G. 805 - 19 PLAT N0P 36�. o e � / g�\ 0 0Ja'�.3p7i RT' s'?• s'��o. � sa'?J. ss9}J'�i• 'J� �JSJ�iI• ST. 9►pn •0 J6, os y A, COMPILED PLAT OF 9.674 ACRE PARCEL A PORTION OF PARCEL 30 - T.M. 16 "c. THE PROPERTY OF OAKENCROFT LAND CORP. R. 0. SNOW BEING ADDED TO PARCEL 30B - T.M. 16 CERTIfICATE No. 54.11.3(I)543 THE PROPERTY OF CHARLES ANCONA 10 54.17.30001 LOCATED IN THE WHITE HALL MAGISTERIAL DISTRICT o� AF.B ALBEMARLE COUNTY VIRGINIA LA Pop 0,1,0 , SCALE : I" - 200' DATE : 5-16-88 R.O. SNOW , INC. CHARLOTTESVLLE, VA. 7040 U00 04 A` Nf NUMER r VIRGLNIA: IN THE CLERK'S OFFICE OF THE CT JIT COURT OF ALBEMARLE COiJ N: ON �-KllnQ 13 19 FS$ at I()'. 1g 'COCK 'A m STATE TAX $ 1 S • 0 O (039) LOCAL TAX $�• C 0 —(213) TRANSFER FEE $ I0—(212) CLERK'S FEE $ 1 O • 00 (301) FLAT $ a • 00 Sec.58.1-502 STATE TAX $ S. O 0 (038) VOCAL TAX $�S • 00—(220) LOCAL TAX $ (223) Tam $ y3.06 SHELBY J. MARSHALL, CLERK DEFLTfY « O 4V THIS DEED made this 9th day of June, 1988, by and between OAKENCROFT LAND CORPORATION, a Virginia corporation, Grantor, of the first part, and HARRY A. WELLONS, JR. and FLORENCE L. WELLONS, husband and wife, Grantees, of the second part, whose address i8: 1<< 1i, I 1 I,. ;'i Ili' ':j.�n.� ,� 0, 1 �, l 1%' I W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, including a deferred purchase money note secured by a first lien deferred purchase money deed of trust recorded contemporaneously with this deed, the Grantor hereby GRANTS, BARGAINS, SELLS and CONVEYS with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE. unto Harry A. Wellons, Jr, and Florence L. Wellons as tenants by the entirety with full rights of survivorship as at common law, and not as tenants in common, all that certain tract or parcel of land situated in Albemarle County, with improvements thereon and appurtenances thereto pertaining, more particularly described as 822.78 acres, more or less, being the 843.79 acres lying on both sides of State Route 671 as shown on a plat of Thomas D. Blue, dated February, 1975, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 647, page 261, less and except 11.336 acres conveyed to Charles P. Ancona by deed dated October 8, 1985 of record in the aforesaid Clerk's Office in Deed Book 854, page 633 to which a plat is attached and recorded at page 635, and less and except 9.674 acres conveyed to Charles P. Ancona by deed dated May 19, 1988, of record in the aforesaid Clerk's Office in Deed Book 997, page 60 to which a plat is attached and recorded at page 62. This property is a portion of the property conveyed Oakencroft Land Corporation by deed of James F. Lewis, Jr. and P011S 10 18 UAU - i 4 6 7 Rosemary R. Lewis, dated May 25, 1978, of record in the aforesaid Clerk's Office in Deed Book 647, page 258. There is hereby imposed upon and to run with the land the following restriction on all the land lying east of State Route 671: For a period of eight years from October 14, 1988 the land lying east of State Route 671 may not be subdivided into more than three (3) parcels of no less than two hundred (200) acres each. This conveyance is made expressly subject to the easements, conditions, restrictions and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed which have not expired by a limitation of time contained therein or have not otherwise become ineffective and any lien, inchoate or otherwise for real estate taxes or assessments not yet due and payable and subject to governmental ordinances and existing leases. WITNESS, the following signature and seal. OAXENCROFT LAND CORPORATION By: i 1y_. \�+' �� Taa- .. ( SEAL) Pres dent STATE OF VIRGINIA CITY/COUNTY OF A/I , to wit: The foregoing instrument was acknowledged before me this day of _ , 1988, by as of Oakencroft Land Corporation. My coemission expires: S 9 2 GCM272.DOC eox1018wo463 a le UI yp3. G 0 1TMR IN ME CLM. S CMCE OF TM CU+= cWW OF AL304= CMItM : no MM WAS PR=M , AM WM aM'MCATE�AQ M ON 8t 1a IMP — TAX—S(213) LOCAL TAX LOCAL13WFA FEE $ o�1_Q�iS= 5--�i-Q�(212) 302) Qjt'S FEE $_ i. 00 PLAT LOCALS= TAX (223) May LOCAL $� IAL $irk--" 1� 1 B� 15840 1 ! 01" THIS DEED made this 12th day of December, 1996, by and between HARRY A. WELLONS, JR. and FLORENCE L. WELLON8, husband and wife, Grantors, and CARRBORO LIMITED PARTNERSHIP, a Virginia limited partnership, Grantee, whose address is 1616 Leland Avenue, Springfield, Illinois 62704. W I T N Z 8 8 9 T H: Pursuant to Section 58.1-811(A)(10) of the Code of Virginia, (1950), as amended, the Grantors GRANT and CONVEY with GENERAL WARRANTY AND ENGLI8H COVENANTS OF TITLE unto Carrboro Limited Partnership the real estate described as: PARCEL: 1 All that certain tract or parcel of land situated in Albemarle County, Virginia, with improvements thereon and appurtenances thereto pertaining, more particularly described as 822.78 acres, more or less, being the 843.79 acres lying on both sides of State Route 671 as shown on a plat of Thomas D. Blue, dated February 1975, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 647, page 261, less and except 11.336 acres conveyed to Charles P. Ancona by deed dated October 8, 1985 of record in the aforesaid Clerk's Office in Deed Book 854, page 633 to which a plat is attached and recorded at page 635, and less and except 9.674 acres conveyed to Charles P. Ancona by deed dated May 19, 1988, of record in the aforesaid Clerk's Office in Deed Book 997, page 60 to which a plat is attached and recorded at page 62. The property conveyed herein is the same property conveyed to the Grantors by deed of Oakencroft Land Corporation, a Virginia corporation, dated June 9, 1988, recorded in said Clerk's Office in Deed Book 1018, page 461. PARCEL 2: All that certain tract or parcel of land situated in Albemarle County, Virginia, with improvements thereon and appurtenances thereto pertaining, lying and being approximately 4 miles from Free Union on State Route 601, and containing 2.74 acres, more or less, as shown on a plat made by Warren F. Wade, C.L.S., dated October 14, 1969, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed I B: i 5�4Qc031J9 Book 466 page 368. The property conveyed herein is the same property conveyed to the Grantors by deed of Stanley F. Morris, personal representative of the Estate of Marie M. Morris, dated June 15, 1995, and recorded in said Clerk's office in Deed Book LAJ , page This conveyance is made expressly subject to the easements, conditions, restrictions, and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or have not otherwise become ineffective. WITNESS the following signatu4ALLONS, eals. JR. SfAL) FLORENCE L. WELLONS STATE OF City/County of to -wit: The foreg ing instrument was acknowledged before me this "(. day of e-(-f-c lb'r 199 b by Harry A. Wellons, Jr. y "d 7-0& imy commission expires: I FFICIAL SEAL ALICE HANSOM E RY PU&IC, STATE Of ILLINOIS NOTARY PUBLIC MMISSION Ei. "5:08127l00 MA •.•n•NmMmn, i s 1584FG�1310 STATE OF A City/County of S� ��/+� '� to -wit: The foregoi g instrument was acknowledged before me this i ` day of taLi`t' , 199 G by Florence L. Wellons. My commission expires:-d 7-c0 F L SEAL ANSONSTATE OF ILLINOIS NOTARY PUBLIC " I'SAW'2),OO 96-rellans.ded VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, IS ADMITTED TO RECORD ON �� 19-91-10--, AT41-5�O'CTACK M. STATE TAX $ (039) LOCAL TAX $ (213) TRANSFER FEE $ 1.00 (212) I.T.T.F. $ 3.00_(106) VSLF S 1.00 (145) CLERK'S FEE S•f�_(301) PLAT S SECP.58.1-802: TEE: STATE TAX $ (038) SHELBY J. MARSHALL,CLERK --(220) LOCAL TAX $_ LOCAL TAX $ (223)-- DEPUTY CLERK TOTAL N150-45'-40"E 151.26'- N200-1O'-50"E 47.70'- N260-32'-30"E 49.78' N320-45'-3d'E 71.19'- N34°-17'-20'E 202.9d N 30°- OS'-Od' E 11 3.55'- N25°-52'-10"E 100.60'- N 270-3d-2d'E 69.6d- To VJesley.�Cho I.��V�.'T G. W. MAUPI D. B.293 -120 D. BA00-23O(dl 694.49' CANE POINTS D.Q 2�4-99 N31°02-40 W 100.54'� � iron found at fence cor. ° rt of arc seal e corner W. MAUPIN D.B.266-65 'o, D. B.259-547�/ (descr.) 4i S70°-49'-4d'W 82.84'ironfound. S63°-08'-50"W 147.09' iron found a S 56°- 35' 00" W 164.92' eef iron found S69°-2o'-2d'W 234,62' CECo1Ls A MAUPIN 63 found at tent 3M W tO\8 corner D. B.428-251(plot) iron found N\T fence \ in i \ S74° 17.22' - - - S75°-30' W 410.13' iron found at fence cor. CECIL A. MAUPIN 0. B. 249-573 S44°-id- 1332.7 set in fence o\ of abandoned road `7 a N67 ° 13'-30"WL 327.02' , iron set -by stone largr black oakJ D. R. ELLINGTON L. J. REYNOLDS D. B. 546-570 / D.B. 73-322 (descr.) pipe set e H/ one et i ,on found In stone pile r 1`401054'-40 W Itilid S.E. corner \ of forge stone / near m'kd. Irckory i \\°°� RICHARD M. DAVIS D.B. 463-568 D. B.526-575 D.B.526-577(pbt) pipe fount se/ / 01 e 6,,41, �p :A y S slacLai-oo"wz3.33'-� S300-32LId'E 2O.43- Q\ �T S130 207'- 0E/58333!/9''' 843.79 Acres a :NO9°-42-00"E 53. NII-I8�1O 61.1 ♦ / NIB°-14- 77. old nnuse N29°2�- E 77. N 330-5d- E 188. JAMES F. LEWIS , Jr. / N34° 51' D.B. 419-161(composite map) D.B. 382-375,377(plot) / N36°-49:• set at !corner D. R. ELLINGTON L. J. REYNOLDS D.8.546-570 D. B. 117 - 196 (plat) pipe Pound S71°- found 98 of Vr OB.463-584233 e syyccgmore stun 10.3 from acre 0. B. 384-527 N36°>59'-40"E 37222'---- D.B. 390-340,341(plat) D. B.463-566 / 11,390-56'-20"E %68.04--- D.B.463-584 a 'ound at Corner 33-2d'W S660-0 '3d W 150.12= GUY A. VIA , Estate S72°-17-2 "W 164.37'- D.11. 235-427 N85°-44-Id`84.25'- D. B. 235-430(plat) \ D. B. 278-55O(descr.) N70°-42'-I0' 142.75' \1 N58°-38'-50'W 281. 4+ pipe set at hickory in fence at creek un cfion ao ro Greek ��9 Ri P\ne iron set in fence 0 hoi6ti ' N490-04-3d'E 5L68- N610-55'-20"E 50.04'- N640-33'-30'E 110.14- 1,1540-20'-40"E 66.38'- N 480-33'-10" E 300.58'- N400-55'-5d'E 73.56- N220-3l'-5d'E 56.45'- NII0 -04'-3d'E 132.46'- N 23°-49'- 50" E 68.34'- N400-13'- 10"E 68.60',-, old house on set at fence corner rked persimmon in fence _line �red asshown on plat in 0.0,382-377 uegr 249b 1e64ncorrect, see D. 8, 278-550 marked hickory marked walnut Pipe set at fence 8 creek pipe set at fence 8 creek Pipe set at fence 8 creek •- -creek / a6-- 41°- 50°- `59°- 1750- /Pipe /found H. L. MORRIS D.B.268-465 \or RR.6R6 \ "25" eH. L. MORRIS �pnes ld\e ek m'k'd walnut a von set r° D.B.268-465 n@r old rusty ckK at stone S280-00-00"W pipe fourer 318.08' at fence or h'( MADIE H. LAWRENCE / 6 \pipe Pence�\ 0. B. 338-234 6R 'V �omer �+ p D. B. 277- I51 (Plat) 7o Free Union Oro �6�� h N S47°21 2-d'W , b; ° 219.7s' J. L. MORRIS ° 64 50 ti �:�' D.B.466-376 S43-15'-00"W 71.0O' O^�5' S D. 8.466-378(plat) 2�ga.1c id. at \iron set at iron set at S 65°-53'-10" W Pence cor. 185.60' , � locust stymy' :, -' a kg2 ° S290-26-Od'E 159.Od �- °"'' S13 46.18' E y . g26 � �' - � 346.18' S530-04-40''W 287.20'- iran set or ,.fence oar. ' RUBY A. HICKS L. W. SHIFFLETT 66h D. B. 363-379 rd PLAT SHOWING A SURVEY OF AN 843.79 ACRE TRACT LOCATED ON STATE ROUTE 601 AND STATE ROUTE 671 AND ON PINEY CREEK NORTH WEST OF FREE UNION IN ALBEMARLE COUNTY, VA. SCALE: I"=60d GRAPHIC SCALE (before reduafion) O 300' 600• god 1200• 1500' 1800' mu 2400' 2700' THOMAS D. BLUE Civil Engineer and Land Surveyor Charlottesville, Virginia DATE: FEBRUARY, 1975 N 19°-34-20"E 244.12' �-----S23°-21-40"E 85.83' SO2° 2330" E 38.94 S53°-46'-5d'E 110.62' ,\\ S370-01-30"E 32.08 S2O°-52'-54"E 48.86 \ --- \�- -- -- --SO7°-4d-10'W 23.08' S33°-26-3O''E 81.37 �--- SO9°-28-Od'E 117.87' -----S02°-40'-0_gW 86.02' -- �- .----545°-14'-30"E114.54 S28°-44_00'E 74.4fi -- - s20°-W-50''E 191.00' S 25°-2d-3d'E 58.99' --t----- S410-19'-2d'E123.O2' of road is property line N56°-25'-50"E 237.90' N 55°-21' 4d'E 225.75 N 470-01' 40" E 71.20' --N39°-4d-10'E 240.3d 0 N41° Od-50"E 127.17' �r-N 50° 51'-4d'E 67.98' - - - --I'-10'1E 146.87' ?5'-Id'F 64.50' )8'-3d€ 87.35 4'-3d E 75.86' t4-5O''E 93.69' t4'-QgiE 61.Od 16'-00'E 73.14' l,d-4CrE 143.00' 59'-10 E 58.08' 28'-4O"E 87.68' 35' S0''E 98.46' N480-zd-Qd'E 267.41 \g21O5 .. Sr'�r 601 R. H. MAUPIN D.B.262-406 D.B.3O8-463 D.B. 241-249(plat) D. B. 201- 251 ( plat) � e,4 tot Jobtf 1803A ALBEMARLE COUNTY CODE CHAPTER 18. ZONING SECTION 10. RURAL AREAS DISTRICT, RA Sections: 10.1 Intent, where permitted. 10.2 Permitted uses. 10.2.1 By right. 10.2.2 By special use permit. 10.3 Application of regulations for development by right. 10.3.1 Conventional development. 10.3.3 Rural preservation development. 10.3.3.1 Definitions. 10.3.3.2 Intent; design standards. 10.3.3.3 Special provisions. 10.4 Area and bulk regulations. 10.5.2 Where permitted by special use permit. 10.5.2.2 Materials to be submitted by the applicant. Sec. 10.1 Intent, where permitted. This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: -Preservation of agricultural and forestal lands and activities; -Water supply protection; -Limited service delivery to the rural areas; and -Conservation of natural, scenic, and historic resources. Residential development not related to bona fide agricultural/forestal use shall be encouraged to locate in the urban area, communities and villages as designated in the comprehensive plan where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objective. Where development does occur, rural residents should expect to receive a lower level of service delivery than will be provided to residential developments in designated growth areas. In relation to residential development, agricultural/forestal activities shall be regulated only to the extent necessary to protect public health and safety. In regard to agricultural preservation, this district is intended to preserve the county's active farms and best agricultural and forestal lands by providing lot areas designed to insure the continued availability of such lands for preferential land use tax assessment in order to enhance the economy, and maintain employment and lifestyle opportunities. In addition, the continuation and establishment of agriculture and agriculturally -related uses will be encouraged, and landowners will be encouraged to employ Virginia State Water Control Board best management practices. (§ 20-10.1, 12-10-80, 11-8-89; § 18-10.1, Ord. 98-A(1), 8-5-98; Ord. 01-18(6), 10-3-01) It is intended that permitted development be restricted to land which is of marginal utility for agricultural/forestal purposes, provided that such development be carried out in a manner which is 18-10-1 Zoning Supp. #105, 1-10-18 ALBEMARLE COUNTY CODE compatible with other purposes of this district. Roadside strip development is to be discouraged through the various design requirements contained herein. Sec. 10.2 Permitted uses. Sec. 10.2.1 By right. The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this chapter: 1. Detached single-family dwellings, including guest cottages and rental of the same; provided that yard, area and other requirements of section 10.4, conventional development by right, shall be met for each such use whether or not such use is on an individual lot subject to section 10.3. 2. Side -by -side duplexes subject to the provisions of section 10.4; provided that density is maintained and provided that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. 3. Agriculture, forestry, and fishery uses except as otherwise expressly provided. 4. Game preserves, wildlife sanctuaries and fishery uses. 5. (Repealed 5-5-10) 6. Water, sewer, energy, communications distribution facilities (reference 5.1.12). 7. Accessory uses and buildings including major home occupations (reference 5.2A), minor home occupations (reference 5.2A), and storage buildings. 8. Temporary construction uses (reference 5.1.18). 9. Public uses (reference 5.1.12). 10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14). 11. Veterinary services - off -site treatment only. 12. Agricultural service occupation (subject to performance standards in 4.14). 13. Divisions of land in accordance with section 10.3. 14. Bed and breakfast (reference 5.1.48). 15. Manufactured homes, individual, qualifying under the following requirements (reference 5.6): a. A property owner residing on the premises in a permanent home wishes to place a manufactured home on such property in order to maintain a full-time agricultural employee. b. Due to the destruction of a permanent home an emergency exists. A permit can be issued in this event not to exceed twelve (12) months. The Zoning Administrator shall be authorized to issue permits in accordance with the intent of this ordinance and shall be authorized to require or seek any information which he may determine necessary in making a determination of cases "a" and "b" of the aforementioned uses. 16. Temporary manufactured home in accordance with section 5.7. 18-10-2 Zoning Supp. #105, 1-10-18 ALBEMARLE COUNTY CODE 17. Farm winery uses, events, and activities authorized by section 5.1.25(a),(b), and (c)(2). 18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic yards including all borrow pits and borrow areas on any one parcel of record on the adoption date of this provision (reference 5.1.28). 19. Manufactured homes on individual lots (reference 5.6). 20. Commercial stable (reference 5.1.03). 21. Stormwater management facilities shown on an approved final site plan or subdivision plat. 22. Tier I and Tier II personal wireless service facilities (reference 5.1.40). 23. Farm worker housing, Class A (up to ten occupants and up to two sleeping structures) (reference 5.1.44). 24. County store, Class A (reference 5.1.45). 25. Small wind turbines (reference 5.1.46). 26. (Repealed 11-12-14) 27. Farm stands (reference 5.1.47). 28. Family day homes (reference 5.1.56). 29. Farm brewery uses, events, and activities authorized by section 5.1.57(a), (b), and (c)(2). 30. Events and activities at agricultural operations authorized by right under section 5.1.58(d). 31. Farm distillery uses, events, and activities authorized by section 5.1.59(a), (b), and (c)(2). 32. Group home (reference 5.1.07). 33. Farmers' markets (reference 5.1.47 a-e) (§ 20-10.2.1, 12-10-80; 12-16-81; 7-6-83; 11-1-89; 11-8-89; 11-11-92; 5-12-93; Ord. 95-20(5), 11-15-95; § 18-10.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-9-02; Ord 04-18(2), 10-13-04; Ord. 06-18(2), 12-13-06; Ord. 08-18(7), 11-12-08; Ord. 09-18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10; Ord. 11- 18(1), 1-12-11; Ord. 12-18(3), 6-6-12; Ord. 13-18(5), 9-11-13; Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15; Ord. 17-18(1), 1-18-17; Ord. 17-18(4), 8-9-17; Ord. 18-18(1), 1-10-18; Ord. 18-18(2), 9-5-18) Sec. 10.2.2 By special use permit. The following uses shall be permitted by special use permit in the RA district, subject to the applicable requirements of this chapter: 1. Community center (reference 5.1.04). 2. Clubs and lodges (reference 5.1.02). 3. Fire and rescue squad stations (volunteer) (reference 5.1.09). 4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). 5. Private schools. 18-10-3 Zoning Supp. #106, 9-5-18 ALBEMARLE COUNTY CODE 6. Energy and communications transmission facilities (reference 5.1.12). 7. Day care centers (reference 5.1.06). 8. (Repealed 3-5-86) 9. Manufactured home subdivisions (reference 5.5). 10. (Repealed 11-11-92) 11. (Repealed 3-15-95) 12. Horse show grounds, permanent. 13. Custom slaughterhouse. 14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance standards in 4.14). 15. (Repealed 8-9-17) 16. (Repealed 11-15-95) 17. Commercial kennel (reference 5.1.11 and subject to performance standards in 4.14). 18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in 4.14). 19. Private airport, helistop, heliport, flight strip (reference 5.1.01). 20. Day camp, boarding camp (reference 5.1.05). 21. Sanitary landfill (reference 5.1.14). 22. Country store, Class B (reference 5.1.45). 23. Commercial fait or agricultural produce packing plants. 24. (Repealed 11-8-89) 25. Flood control dams and impoundments. 26. (Repealed 11-8-89) 27. Restaurants, taverns, and inns that are: a. Located on a site containing a structure that is a historic structure and/or site as defined in section 3.1 or located on a site containing a structure that is identified as contributing to a historic district as defined in section 3.1, provided: (i) the structure was historically used as a restaurant, tavern or inn or previously approved for such use by special use permit; and (ii) if renovation or restoration of the historic structure is proposed, such changes shall restore the structure as faithfully as possible to the architectural character of the period(s) of its significance and shall be maintained consistent therewith; and (iii) that any additions or new structures shall serve a restaurant, tavern or inn use existing within the historic structure and lawfully operating on December 14, 2016; or 18-10-4 Zoning Supp. #106, 9-5-18 ALBEMARLE COUNTY CODE b. Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. 28. Divisions of land as provided in section 10.5.2.1. 29. Boat landings and canoe livery. 30. Permitted residential uses as provided in section 10.5.2.1. 31. (Repealed 1-12-11) 32. Cemetery. 33. Crematorium. 34. (Repealed 3-21-01) 35. Religious assembly use. 36. Gift, craft and antique shops. 37. Public garage. 38. Exploratory drilling. 39. Hydroelectric power generation (reference 5.1.26). 40. Borrow area, borrow pit not permitted under section 10.2.1.18. 41. Convent, Monastery (reference 5.1.29). 42. Temporary events sponsored by local nonprofit organizations which are related to, and supportive of the RA, rural areas, district (reference 5.1.27). 43. Agricultural Museum (reference 5.1.30). 44. Theatre, outdoor drama. 45. (Repealed 11-12-14) 46. Off -site parking for historic structures or sites (reference 5.1.38) or off -site employee parking for an industrial use in an industrial zoning district (reference 5.1.39). 47. Animal shelter (reference 5.1.11). 48. Tier III personal wireless service facilities (reference 5.1.40). 49. Historical centers, historical center special events, historical center festivals (reference 5.1.42). 50. Special events (reference 5.1.43). 51. Farm worker housing, Class B (more than ten occupants or more than two sleeping structures) (reference 5.1.44). 18-10-5 Zoning Supp. #106, 9-5-18 ALBEMARLE COUNTY CODE 52. Sale of gasoline and other fuels in conjunction with a country store, Class A or Class B (reference 5.1.45). 53. Farm winery uses, events, and activities authorized by section 5.1.25(c)(3). 54. Farmers' markets (reference 5.1.47 a-d). 55. Farm brewery uses, events, and activities authorized by section 5.1.57(c)(3). 56. Events and activities at agricultural operations authorized by special use permit under section 5.1.58(d). 57. Farm distillery uses, events, and activities authorized by section 5.1.59(c)(3). 58. Solar energy systems. (§ 20-10.2.2, 12-10-80; 3-18-81; 2-10-82; 4-28-82; 7-6-83; 3-5-86; 1-1-87; 12-2-87; 11-8-89; 6-10-92; 11- 11-92; Ord. 95-20(1), 3-15-95; Ord. 95-20(3), 10-11-95; Ord. 95-20(5), 11-15-95; § 18-10.2.2, Ord. 98- A(1), 8-5-98; Ord. 99-18(4), 6-16-99; Ord. 00-18(6), 10-18-00; Ord. 01-18(2), 3-21-01; Ord. 02-18(6), 10- 9-02; Ord. 04-18(1), 5-5-04 effective 7-1-04; Ord.04-18(2), 10-13-04; Ord. 05-18(7), 6-8-05; Ord. 05- 18(8), 7-13-05; Ord. 06-18(2), 12-13-06; Ord. 08-18(7), 11-12-08; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5- 5-10; Ord. 11-18(1), 1-12-11; Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15; Ord. 16-18(7), 12-14-16; Ord. 17-18(1), 1-18-17; Ord. 17-18(2), 6-14-17; Ord. 17-18(4), 8-9-17; Ord. 18-18(1), 1-10-18; Ord. 18- 18(2), 9-5-18) Sec. 10.3 Application of regulations for development by right. The following provisions shall apply to any parcel of record at 5:15 p.m., the tenth day of December, 1980 (reference 6.5). (§ 20-10.3, 12-10-80; 11-8-89; § 18-10.3, Ord. 98-A(1), 8-5-98) Sec. 10.3.1 Conventional development. Regulations in section 10.5 governing development by right shall apply to the division of a parcel into five (5) or fewer lots of less than twenty-one (21) acres in area and to the location of five (5) or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance (reference section 1.3). The aggregate acreage devoted to such lots or development shall not exceed thirty-one (31) acres, except in such case where this aggregate acreage limitation is precluded by other provisions of this ordinance. The second sentence of this provision shall not be applicable to land divided between the effective date of this ordinance (reference section 1.3) and November 8, 1989. (§ 20-10.3.1, 12-10-80; 11-8-89; 9-9-92; § 18-10.3.1, Ord. 98-A(1), 8-5-98; Ord. 00-18(4), 6-14-00) 10.3.2 In addition to the foregoing, there shall be permitted by right any division of land into parcels each of which shall be twenty-one (21) acres or more in area. No such parcel shall be included in determining the number of parcels which may be created by right pursuant to section 10.3.1; provided that (a) no such division shall affect the number of parcels which may be divided pursuant to section 10.3.1; (b) there may be located not more than one (1) dwelling unit on any parcel created pursuant to this section; (c) at the time of any such division, the owner of the parcel so divided shall designate the number of parcels into which each parcel so divided may be further divided pursuant to section 10.3.1 together with aggregate acreage limitations in accordance with section 10.3.1; and (d) no such division shall increase the number of parcels which may be created pursuant to section 10.3.1. (§ 20-10.3.2, 12-10-80; 11-8-89; 9-9-92; § 18-10.3.2, Ord. 98-A(1), 8-5-98; Ord. 01-18(6), 10-3-01) 18-10-6 Zoning Supp. #106, 9-5-18 ALBEMARLE COUNTY CODE Sec. 10.3.3 Rural preservation development. Sec. 10.3.3.1 Definitions. The following definitions shall apply to any rural preservation development created under section 10.3.3: a. Development Lot: A lot within a rural preservation development, other than a rural preservation tract, created for the purpose of residential or other permitted usage. b. Rural Preservation Development: A subdivision of land consisting of development lots together with a rural preservation tract. c. Rural Preservation Tract: A lot, the usage and diminishment of which is restricted and protected by legal arrangements to insure its maintenance and preservation for the purpose of preservation of agricultural and forestal land and activity; water supply protection; and/or conservation of natural, scenic or historic resources. (§ 20-10.3.3.1, 11-8-89; § 18-10.3.3.1, Ord. 98-A(1), 8-5-98; Ord. 01-18(6), 10-3-01) Sec. 10.3.3.2 Intent; design standards. The rural preservation development option is intended to encourage more effective land usage in terms of the goals and objectives for the rural areas as set forth in the comprehensive plan than can be achieved under conventional development. To this end, application for rural preservation development shall be reviewed for: a. Preservation of agricultural and forestal lands and activities; b. Water supply protection; and/or c. Conservation of natural, scenic or historic resources. More specifically, in accordance with design standards of the comprehensive plan and where deemed reasonably practical by the commission: d. Development lots shall not encroach into prime, important or unique agricultural or forestal soils as the same shall be shown on the most recent published maps of the United States Department of Agricultural Soil Conservation Service or other source deemed of equivalent reliability by the Soil Conservation Service; e. Development lots shall not encroach into areas of critical slope or flood plain and shall be situated as far as possible from public drinking water supply tributaries and public drinking water supply impoundments; f. Development lots shall be so situated and arranged as to preserve historic and scenic settings deemed to be of importance to the general public and natural resource areas whether such features are on the parcel to be developed or adjacent to such parcel; g. Development lots shall be confined to one area of the parcel and shall be situated so that no portion of the rural preservation tract shall intrude between any development lots; h. All development lots shall have access restricted to an internal street in accordance with Chapter 14 of the Code of Albemarle; i. Nothing stated herein shall be deemed to obligate the commission to approve a rural preservation development upon finding in a particular case that such proposal does not forward the purposes of rural 18-10-7 Zoning Supp. #107, 1-10-18 ALBEMARLE COUNTY CODE preservation development as set forth hereinabove and that the public purpose to be served would be equally or better served by conventional development. (§ 20-10.3.3.2, 11-8-89; § 18-10.3.3.2, Ord. 98-A(1), 8-5-98) Sec. 10.3.3.3 Special provisions. In addition to design standards as set forth in section 10.3.3.2 and other regulation, the following special provisions shall apply to any rural preservation development: a. The maximum number of lots within a rural preservation development shall be the same as may be achievable pursuant to section 10.3.1 and section 10.3.2 and other applicable law. Each rural preservation tract shall count as one (1) lot. In the case of any parcel of land which, prior to application for rural preservation development, has been made subject to a conservation, open space or other similar easement which restricts development on the parcel, the total number of lots available for rural preservation development shall not exceed the number available for conventional development as limited by any such previously imposed easement or easements; b. Section 10.3.3.3.a notwithstanding, no rural preservation development shall contain more than twenty (20) development lots; c. Provisions of section 10.3.3, rural preservation development, shall be applied to the entire parcel. Combination of conventional and rural preservation development within the parcel shall not be permitted, provided that the total number of lots achievable under section 10.3.1 and section 10.3.2 shall be permitted by authorization of more than one (1) rural preservation tract. Nothing contained herein shall be deemed to preclude the director of current development and zoning from approving a rural preservation development for multiple tracts of adjoining land, or on land divided or otherwise altered prior to the effective date of this provision; provided that, in either case, the provisions of section 10.3.3 shall be applicable; d. The area devoted to development lots together with the area of roadway necessary to provide access to such lots shall not exceed the number of development lots multiplied by a factor of six (6) expressed in acres; e. No rural preservation development shall contain less than one (1) rural preservation tract. The director of current development and zoning may authorize more than one (1) rural preservation tract in a particular case pursuant to the various purposes of rural preservation development as set forth in section 10.3.3.2 or in accord with section 10.3.3.3.c, as the case may be; f. No rural preservation tract shall consist of less than forty (40) acres. Except as specifically permitted by the director of current development and zoning at time of establishment, not more than one (1) dwelling unit shall be located on any rural preservation tract or development lot. No rural preservation tract shall be diminished in area. These restrictions shall be guaranteed by perpetual easement accruable to the County of Albemarle and the public recreational facility authority of Albemarle County in a form acceptable to the board. In accordance with Chapter 14 of the Code of Albemarle, the director of planning and community development shall serve as agent for the board of supervisors to accept such easement. Thereafter, such easement may be modified or abandoned only by mutual agreement of the grantees to the original agreement; g. Each application for a rural preservation development is subject to the review and approval of the director of current development and zoning. (§ 20-10.3.3.3, 11-8-89; § 18-10.3.3.3, Ord. 98-A(1), 8-5-98; Ord. 04-18(1), 5-5-04 effective 7-1-04) 18-10-8 Zoning Supp. #107, 1-10-18 ALBEMARLE COUNTY CODE Sec. 10.4 Area and bulk regulations. Area and bulk regulations within the RA, rural areas, zoning district are as follows: REQUIREMENTS DIVISIONS BY DIVISIONS BY SPECIAL RIGHT USE PERMIT Gross density 0.5 du/ac 0.5 du/ac Minimum lot size 2.0 acres 2.0 acres Minimum frontage existing public roads 250 feet 250 feet Minimum frontage internal public or private roads 150 feet 150 feet Yards, minimum: Front (existing public roads) 75 feet 75 feet Front (internal public or private road)(Amended 11-13-91) 25 feet 25 feet Side 25 feet 25 feet Rear 35 feet 35 feet Maximum structure hei ht 35 feet 35 feet (§ 20-10.4, 12-10-80; 8-14-85; § 18-10.4, Ord. 98-A(1), 8-5-98; Ord. 08-18(7), 11-12-08) Sec. 10.5 Special provisions for multiple single-family dwelling units. Sec. 10.5.1 Limitations on divisions permitted by right. Divisions of land shall be permitted as provided hereinabove; except that no parcel of land of record on the date of the adoption of this ordinance may be divided into an aggregate of more than five (5) parcels except as provided in section 10.3.2 and section 10.5.2 hereof nor shall there be constructed on any such parcel an aggregate of more than five (5) units. (§ 20-10.5.1, 12-10-80; 11-8-89; § 18-10.5.1, Ord. 98-A(1), 8-5-98) Sec. 10.5.2 Where permitted by special use permit. The board of supervisors may issue a special use permit for more lots than the total number permitted under sections 10.3.1 and 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public water supply reservoir, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 33.8 of this chapter, with consideration of the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and, specifically, with consideration of the following: 1. The size, shape, topography and existing vegetation of the property in relation to its suitability for agricultural or forestal production as evaluated by the United States Department of Agriculture Natural Resources Conservation Service or the Virginia Department of Forestry. 2. The actual suitability of the soil for agricultural or forestal production as the same is shown on the most recent published maps of the United States Department of Agriculture Natural Resources 18-10-9 Zoning Supp. #107, 1-10-18 ALBEMARLE COUNTY CODE Conservation Service or other source deemed of equivalent reliability by the Natural Resources Conservation Service. 3. The historic commercial agricultural or forestal uses of the property since 1950, to the extent that is reasonably available. 4. If located in an agricultural or forestal area, the probable effect of the proposed development on the character of the area. For the purposes of this section, a property shall be deemed to be in an agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile of the border of such property has been in commercial agricultural or forestal use within five (5) years of the date of the application for special use permit. In making this determination, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered. 5. The relationship of the property in regard to developed rural areas. For the purposes of this section, a property shall be deemed to be located in a developed rural area if fifty (50) percent or more of the land within one (1) mile of the boundary of such property was in parcels of record of five (5) acres or less on the adoption date of this ordinance. In making this determination, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered. 6. The relationship of the proposed development to existing and proposed population centers, services and employment centers. A property within areas described below shall be deemed in proximity to the area or use described: a. Within one mile roadway distance of the urban area boundary as described in the comprehensive plan; b. Within one-half mile roadway distance of a community boundary as described in the comprehensive plan; c. Within one-half mile roadway distance of a village as described in the comprehensive plan. 7. The probable effect of the proposed development on capital improvements programming in regard to increased provision of services. 8. The traffic generated from the proposed development would not, in the opinion of the Virginia Department of Transportation: a. Occasion the need for road improvement; b. Cause a tolerable road to become a nontolerable road; c. Increase traffic on an existing nontolerable road. (§ 20-10.5.2.1, 12-10-80; 11-8-89; §18-10.5.2.1, Ord. 98-A(1), 8-5-98; Ord. 04-18(1), 5-5-04 effective 7-1- 04; §10.5.2, Ord. 12-18(4), 7-11-12; Ord. 12-18(7), 12-5-12, effective 4-1-13) State law reference — Va. Code §§ 15.2-2280, 15.2-2286 Sec. 10.5.2.1 (Repealed 7-11-12) Sec. 10.5.2.2 Materials to be submitted by the applicant. The commission and the board of supervisors may require the applicant to submit such information as deemed necessary for the adequate review of such application provided that such information shall be directly related to items 1, 2, 3 and 9 of section 10.5.2.1. (§ 10.5.2.2, 12-10-80) 18-10-10 Zoning Supp. #107, 1-10-18 COUNTY OF ALBEMARLE OF A �lRctN�' MEMORANDUM TO: Albemarle County Planning Commission Mark Graham, Director, Department of Community Development Amelia McCulley, Director of Zoning and Current Development/Zoning Administrator Wayne Cilimberg, Director of Planning Department of Community Development Staff FROM: Greg Kamptner, Deputy County Attorney DATE: January 27, 2006 RE: Development Rights This memorandum explains and analyzes the regulations and many of the key issues pertaining to development rights and, in particular, how they may be used and how their use may be limited. 1. What is a development right? Up to 5 development rights were allotted to each "parcel of record" in the Rural Areas zoning district existing at 5:15 p.m. on December 10, 1980, when the current Zoning Ordinance was adopted by the Albemarle County Board of Supervisors. Zoning Ordinance § 10.3. A "parcel of record" is synonymous with "lot of record," which is defined to be a "lot shown on a subdivision plat or other lawful plat or legal description which is lawfully recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia." Notwithstanding that definition, those lots approved by the County before December 10, 1980, including those approved on a preliminary subdivision plat, but not put to record until after December 10, 1980, are deemed to be parcels of record for the purpose of determining development rights. Zoning Ordinance § 6.5.3 (former). As will be examined more closely in the following sections, development rights permit the creation of lots less than 21 acres in size in the Rural Areas. In a series of official determinations, the Zoning Administrator has determined that a parcel of record must be one that was originally established as a lot that could be developed for, most typically, residential purposes. Special use lots such as well lots, cemeteries, narrow strips of land created for the purpose of providing access, are not parcels of record with development rights. See, Subdivision Ordinance § 14-106 (definition of non -building lot). The Board of Supervisors may grant a special use permit to allot additional development rights to parcels of record outside of the reservoir watersheds, provided that the additional development rights are compatible with the neighborhood and specified goals and objectives are satisfied. Zoning Ordinance § 10.5.2.1. Special use permits to attain additional development rights are rarely sought. In this memorandum, the term "parcel of record" refers to the original lot that was allotted development rights; the term "lot" refers to each lot created from a parcel of record. 2. What does a development right allow? Development rights have a dual nature -- they identify not only the number of lots that may be theoretically created by the subdivision of a parcel of record, but also the number of single family dwellings that may be established. A parcel of record may be divided into up to 5 lots that are at least 2 acres in size, but less than 21 acres, in addition to as many 21-plus acre lots that can be created. Zoning Ordinance §§ 10.3.1 and 10.3.2. Table 1 explains how development rights would be allotted: Table 1 Allotment of Development Rights Parcel Size Number of Theoretical Development Rights > 10 acres 5 > 8 acres, but < 10 acres 4 > 6 acres, but < 8 acres 3 > 4 acres, but < 6 acres 2 < 4 acres 1 The following illustration shows how a 96-acre parcel of record could be subdivided using its 5 allotted development rights: Illustration 1 Theoretical Subdivision of a Parcel of record Z The 80-acre residue in Illustration 1 could then be subdivided into a total of 3 lots, because that is the 2 maximum number of lots 21-acres that could be created from it. If the development right lots were reduced in size so that the residue was 84 acres or more, then the residue could be divided into 4 lots. Development rights also identify the number of single family dwellings that may be established on a single lot less than 21 acres in size in the Rural Areas. Up to 5 single family dwellings may be established on a single lot. Zoning Ordinance § 10.5.1. Multiple dwellings on a single lot must be located so that if the lot was subdivided, each dwelling could be located on a separate lot that satisfied all of the requirements of the Zoning and Subdivision Ordinances. The location of 3 or more dwellings on a single lot is permitted only with an approved site plan. Zoning Ordinance § 32.2.1. 3. Theoretical and usable development rights. The development rights allotted by Zoning Ordinance § 10.3 are "theoretical." They may be usable only if the lot being created contains a building site meeting the requirements of the Zoning Ordinance. The key requirements for a building site are as follows: • If it is not served by a public or central sewerage system, which is the typical situation in the Rural Areas, the building site must be at least 30,000 square feet in area, and one dimension may not exceed another by a ratio of more than 5:1. Zoning Ordinance § 4.2.2(a)(1). • The building site must have adequate area for locating two septic drainfields approved by the Virginia Department of Health. Zoning Ordinance § 4.2.2(a)(1). • The building site may not contain critical slopes. Zoning Ordinance § 4.2.1. • The building site may not include any area located in the flood hazard overlay district or which is located under water. Zoning Ordinance § 4.2.1. • The building site may not include any area located within 200 horizontal feet of the 100 year flood plain of any public drinking water impoundment or within 100 horizontal feet of the edge of any tributary stream to such impoundment. Zoning Ordinance § 4.2.1. • The building site may not include any area designated as a resource protection area on the resource protection areas map adopted under the Water Protection Ordinance, subject to certain discretionary exceptions provided in the Water Protection Ordinance. Zoning Ordinance § 4.2.1. In addition to the foregoing, the use of development rights may be limited by other zoning and subdivision regulations, conditions of approval, private covenants, or easements. See sections 6 through 9 for more discussion of the limitations on the use of development rights. 4. How the number of development rights is determined. The number of theoretical development rights is determined in a variety of ways. Typically, the number of development rights is determined by staff in the Division of Zoning and Current Development in the course of their review of subdivision plats, and is based on the information supplied by the landowners, surveyors or engineers. The landowner, or more often, his or her engineer or surveyor, shows the usable development rights on the subdivision plat. On occasion, the number of theoretical development rights is determined by the Zoning Administrator in an official determination. Official determinations issued by the Zoning Administrator are made with the assistance of the County Attorney. These determinations require research through the land records to identify the parcel of record existing immediately prior to December 10, 1980, and then analyzing the history of the lot since December 10, 1980 to determine whether any development rights have been off- conveyed from the original parcel of record. Official determinations are often requested by landowners who believe that their land may be comprised of multiple parcels of record, or by prospective buyers, appraisers or auditors seeking to fully understand the value of the land. It is fairly common for a single "tax parcel" identified on the County's tax maps to consist of multiple parcels of record under Zoning Ordinance § 10.3. The administrative practice of the County's Assessor's Office through the 1970's was to consolidate adjoining parcels under the same ownership into a single tax parcel, so that the County would have to mail fewer tax bills and track fewer tax parcels. The determination of the number of parcels of record requires a thorough examination of the deeds and plats in the chain of title, sometimes back to the late 1800's. Official determinations are also made by the Zoning Administrator for applications under the ACE Program. The number of theoretical and usable development rights is used to rank the property under the criteria in the ACE Ordinance and for appraising the value of the open -space easement (for those development rights that will be extinguished by the easement). Official determinations of development rights become binding on the land if they are not timely appealed to and reversed by the Board of Zoning Appeals. 5. Development rights and 21-acre lots. As noted in section 2, development rights identify the number of lots less than 21 acres in size that may be theoretically created by a subdivision of a parcel of record. The Rural Areas zoning district regulations also allow as many 21-acre or greater sized lots to be created as possible. Zoning Ordinance § 10.3.2. Table 2 shows the number of potential development right lots, the number of 21-acre lots, and the total number of lots that could be created from the subdivision of parcels of record of various sizes. Table 2 Lots Created from the Subdivision of a Parcel of Record Parcel Size Theoretical Development Right Lots 21-Acre Lots Total Number of Lots That May Be Created 38 acres 5 1 6 84 acres 5 3 8 167 acres 5 7 12 220 acres 5 10 15 490 acres 5 22 27 As noted in section 3, the actual number of lots may be less if building sites and other zoning and subdivision requirements cannot be satisfied. 6. The 31-acre rule. Subdivisions occurring after November 8, 1989 are subject to what is commonly known as the "31- acre rule." The rule provides that the "aggregate acreage devoted to such lots or development shall not exceed thirty-one (31) acres, except in such case where this aggregate acreage limitation is precluded by other provisions of this ordinance." Zoning Ordinance § 10.3.1. In other words, the rule limits the aggregate acreage consumed by development right lots to 31-acres. Although development right lots may be as small as 2 acres, the regulations allow a development right lot to be as large as just less than 21 acres. The 31-acre rule minimizes the acreage consumed by development right lots in order to preserve the balance of the property in lots of at least 21 acres in order to better preserve the County's rural character. Illustrations 2 and 3 show how the 31-acre rule would apply in two situations. 4 Illustrations 2 and 3 The 31-Acre Rule Applied a This subdivision complies with the 31-acre rule because the aggregate acreage of the 5 development rights lots does not exceed 31 acres. Prior to November 8, 1989, a 40-acre lot could be divided into two 20-acre lots. Each of these lots could be further divided into a total of 5 lots. After the adoption of the 31- acre rule, however, this subdivision would not be allowed because the two development rights lots would exceed 31 acres. 7. Development rights must be used within the boundaries of the parcel of record. The general rule is quite simple — development rights must be used within the boundaries of the parcel of record. Zoning Ordinance § 10.3.1 (development rights allotted to lots of record). Over time, lots may be created from a parcel of record or their boundary lines may be adjusted. The requirement that development rights be used within the boundaries of the parcel of record — sometimes referred as the "kernel rule" — requires that each development right lot created contain a "kernel" from the original parcel of record. The rule prevents the transfer of development rights from one parcel of record to another. By doing so, the rule prevents landowners from assembling development rights from other parcels of record, a practice that could result in large suburban -scale subdivisions and development at a much greater density than otherwise allowed in the Rural Areas. Illustrations 4 through 7 show how this rule would be applied in two situations. Illustrations 4 through 7 Development Rights Used Within the Boundaries of a Parcel of Record Parcel A 10 Acres 4 DR's 1 DR acquired from Parcel A; contains. 2 acres within Parcel B 10 Acres Parcel C 3 DR's 10 Acres 3 DR's Parcel C contains 1 DR acquired from Parcel A, which contains 2+ acres within original Parcel A, incl. >30,000 sq. ft. building site and contains 2 DR's acquired from Parcel B, each with at least 2 acres and a >30,000 sq. ft. building site within original Parcel B boundaries Parcel A 18 Acres 4 DR's Parcel B6 35 Parcel I arcel 4 Parcel .��. 133 Parcel �� B1 Parcel 132 / The kernel rule does not prevent development rights from being transferred among lots created from a single parcel of record. The kernel rule also does not apply to rural preservation developments established under Zoning Ordinance § 10.3.3. 6 8. Allocation of development rights upon subdivision. Both the Zoning Ordinance and the Subdivision Ordinance require that development rights be allotted to the several lots created (including the residue) when a parcel of record or a lot is subdivided. Zoning Ordinance § 10.3.2; Subdivision Ordinance § 14-302(A)(10). The Subdivision Ordinance also requires that the subdivision plat identify the number of acres consumed by development right lots in order to allow the County and the public to monitor compliance with the 31-acre rule. Subdivision Ordinance § 14- 302(A)(10). Occasionally, a subdivision plat, particularly those approved in the early 1980's when the concept of development rights was still new, fails to allot all of the development rights. This omission does not extinguish the development rights. Within the past ten years, there have been two situations where the landowners of lots created from a parcel of record sought to "claim" a development right that had not been allotted. In the first case, the landowners of all of the lots created from the original parcel of record who might otherwise have been eligible to use the additional development right (e.g., their lots had been allotted only 1 development right though the lots were larger than 4 acres) agreed to allow one of the eligible landowners to have it. In the other case, the landowner of one of the eligible lots asked the County about available development rights, was informed that there was an unallotted available development right, and used it before the landowner of the other eligible lot was aware of the situation. In the end, the landowner who missed out on the unallotted development right did not appeal the decision that allowed the other landowner to claim the development right. A development rights determination of his property revealed that he had more development rights than he thought. The Department of Community Development now has procedures in place to assure that unallotted development rights are not used without the knowledge of the landowners of the other eligible lots. 9. Other limitations on the use of development rights. Development rights are part of the zoning of a Rural Areas lot and, because those rights were created by a legislative action, they may be extinguished only by a legislative action, i.e., a rezoning to another zoning district or a comprehensive downzoning of the Rural Areas by, for example, reducing the number of development rights. Thus, the failure of a landowner to allot all development rights as discussed in section 8, or to use all development rights in a project, does not extinguish those development rights. For example, a landowner who subdivides a 63-acre parcel into a 21-acre lot and a 42-acre lot does not extinguish the right to further subdivide the 42-acre lot into two 21-acre lots, or to use the 5 development rights allotted to the original parcel of record. As another example from a different zoning district, there is no doubt that a landowner who subdivides a 1-acre lot zoned R-4 (4 dwellings per acre) into 3 lots does not waive the right to further create the fourth lot and dwelling to achieve the zoning density allowed under the R-4 zoning district regulations, assuming that all applicable zoning and subdivision regulations can be satisfied. Nonetheless, there are ways by which the use of development rights may be limited: Subdivision — lot acreage precludes full use of development rights: In this situation, the development right lots are sized in a way that prevents all of the development rights from being used. For example, a 6-acre lot has 3 development rights and it is divided into two 3-acre lots. Because each 3-acre lot may use only one development right, the third development right is unusable while the lots are in this configuration. Subdivision — acreage consumes 31-acres before all development rights used: In this case, the size of the development right lots reaches the 31-acre limit before all of the development rights are used. For example, a 70-acre parcel of record has 5 development rights and, in the first subdivision, a 20- 7 acre lot and a 10-acre lot are created. Because the aggregate area of these 2 lots is 30 acres, and the minimum size of a development right lot is 2 acres, no further development right lots may be created from the parcel of record. However, the lots could be resubdivided and resized and, of course, the 20-acre lot and the 10-acre lot could be further subdivided if they were allotted additional development rights. Condition of approval restricts further subdivision or additional dwellings without a new permit: The most likely scenario in this situation is a private street approval that is conditioned on the lots not being further subdivided without further approval by the Planning Commission. The justification for the condition is to assure that the private street approved is adequate for a particular number of dwellings, and that additional dwellings would require further review to assure that the private street is adequate for the additional traffic. Such a condition does not extinguish the development rights. The condition would apply only so long as the lots are served by a private street (i.e., the condition could be avoided by constructing a public street). The condition also could be amended or eliminated by a future County action. Even assuming that there was authority and justification to impose a condition that prohibited a private street from being converted to a public street, the development rights would not be extinguished because, as noted before, the condition could be amended or eliminated. Restrictive covenants: Restrictive covenants — privately imposed and privately enforced restrictions on land use — may limit the full use of development rights. For example, a subdivision consisting of two 4-acre lots and one 2-acre lot, with a recorded restrictive covenant expressly prohibiting further subdivision of any of the lots, would prevent the additional development rights allotted to the two 4- acre lots from being used. The County does not enforce restrictive covenants. Open -space and similar easements: Open -space easements that restrict the number of lots that may be created or the number of dwellings that may be established limit the use of development rights. In essence, the landowner has either sold the development rights (such as under the ACE program as part of the County's purchase of the easement) or has agreed to not use them. In either case, the easement holder, such as the County, the Virginia Outdoors Foundation, and the Public Recreational Facilities Authority, may enforce the terms of the easement to assure that the development rights surrendered are not used. Development rights allotted to a lot with a limited number of building sites: In this situation, development rights are allotted to a lot where the conditions of the lot will prevent the full number of development rights from actually being used. For example, by allotting 4 development rights to an 8-acre lot, all but 1 acre of which lies in the flood plain, 3 of the 4 development rights may not be used because no more than one 30,000 square foot building site will exist on the lot. None of the examples above extinguish development rights. Development rights for lots under open - space easements exist, but they cannot be used either because the landowner no longer owns them or has agreed not to use them; conditions of approval can be amended or eliminated; lots can be resubdivided, restrictive covenants can expire, and standards of development can be changed. Acknowledgements Thanks to John Shepherd and David Pennock for their contributions to this memorandum. Page 11 County of Albemarle Department of Community Development A Citizen's How to Manual r44 If you want to... • divide land in the RA zoning district • build more than one house on a parcel in the RA zoning district • transfer some land to a family member in the RA zoning district then you need to know about Development Rights What are development rights, division rights, and subdivision rights? These are all the same thing; however, they are most commonly called development rights. They permit the division of land into parcels of less than 21 acres and allow the placement of more than one dwelling on a property. Where did development rights come from? Development rights were created as part of the RA, Rural Areas, zoning district on December 10, 1980, when the Board of Supervisors adopted the current Zoning Ordinance. What do development rights do? Development rights permit the division of land into lots of less than 21 acres and allow for the location of more than one dwelling on a parcel. Division of land into lots of 21 acres or greater does not require a development right. Why are development rights important? Development rights are required to create a lot of less than 21 acres. Also, a development right, or an area of at least 21 acres is required for each dwelling. Page 12 Do development rights matter in any zoning district other than RA? No, development rights exist only in the RA, Rural Areas district. What is the maximum number of development rights for a property? The maximum number of development rights for any parcel is 5. Can I transfer development rights to or from my neighbor? No, transferring development rights is not permitted in Virginia. However, If your neighbor's property and your property were created from the same parent parcel, it may be possible to reassign a development right. li / Did You Know... Albemarle County has a cluster development option which legally allows you to transfer development rights. It's called a Rural Preservation Development (see Sec 10.33 of the Zoning Ordinance for more). V Can all property with development rights be subdivided? Not necessarily. Any new lot must meet all requirements of the Subdivision and Zoning Ordinances (Chapter 18 of the County Code). Do lots created by family subdivision require a development right? Family Subdivisions require development rights just like any other type of subdivision in the RA that creates one or more lots of less than 21 acres. If I divide my property and have unused development rights, what happens to them? The owner of the property determines how to assign development rights. This is done during the subdivision review process, and the assignment of development rights is noted on the plat. How do I determine the number of development rights on a parcel? See Page 4 for step-by-step directions. Page 13 What is the minimum lot size in the RA district? The minimum lot size is 21 acres unless you utilize a development right. When using a development right, the minimum lot size is 2 acres. If I have one development right can I divide my property? Every lot must have one development right or 21 acres. Therefore if you have a 10 acre parcel and only one development right, you may not divide to get two lots. If you have 10 acres and two development rights, the possibility exists to divide it. If you have 23 acres with one development right, the possibility exists to create two lots: one with 2 acres and one with 21 acres. Also, watch out for one of the quirks of development rights — the "31-acre" rule — simply stated "The total acreage, of all lots created with development rights may not exceed 31 acres." If your property has not been subdivided since November 8, 1989 then... this rule applies to you! (See below for illustration The illustration to the right is an example of a subdivision that may be allowed in Albemarle County. In this scenario, the 31-acre rule forces you to create a 21-acre lot which helps Albemarle County retain its rural character. Parcel B 20 Acres 2 DR's Parc 20 A 3D 21 acres 6.20 acres.' 6.20 acres \ ; 6.20 acres 6.20 acres,,'," 6.20 acres The illustration to the left is an example of a subdivision that may not be allowed in Albemarle County. Since these lots are less than 21 acres each, they require a development right in order to be created, but the sum total acreage is greater than 31 acres. Page 14 Can I obtain additional development rights? For properties located within the portions of the County that drain to a drinking water reservoir, it is not possible to obtain additional development rights. For properties located outside the reservoir watersheds, it is possible to apply for a special use permit to obtain additional development rights. However, the County has approved very few additional development rights. For more information on the requirements for applying for additional development rights please contact any Rural Area Planner in Planning. How do I determine the zoning of a property? You may reference the official zoning maps in the Zoning Division, use the GIS- Web, or consult the zoning staff of the Department of Community Development. Steps in Determining the Number of Development Rights In order to determine the number of development rights, you must first determine what the boundaries of the parcel were on December 10, 1980 (the date of adoption of the Zoning Ordinance.) If no changes have occurred since December 10, 1980, the parcel has its full compliment of development rights. The steps below will help you to determine the number of development rights. 1 -Determine your tax map and parcel number. This is sometimes referred to as the Tax ID number or Parcel ID number. The 14-digit number appears on your real estate tax bill. If you have an address for the property, you can determine the tax map and parcel number using GIS-Web. (GIS-Web is a computer based information system. Terminals are available for public use in the Department of Community Development). You may also determine the tax map and parcel number by using the tax maps available in the Community Development front office or online by clicking here. Staff in the Departments of Community Development and Real Estate can also assist you in finding the tax map and parcel number. 2 - Review the 1979 tax map book and the current tax map book. These maps are available in the Community Development front office or online by clicking here. If the parcel is exactly the same in the two books, then it is likely that the parcel has its full complement of development rights. If the parcel is different then you will need to do the following steps; A — Open the GIS-Web and enter the Tax/Parcel ID number to find your parcel. Once the parcel shows up in the list you will click on the "Property Info" link. This page defaults to the "Summary Information" and the summary will have reference to the most recent Deed Book and Page where the property was recorded with the Clerk of the Circuit Court of Albemarle. There may be information in the "Notes" section of the summary as to more recent Deed Book and Page number activity. Use the Deed Page 15 Book and Page number to find any history as to recorded plats. Review the parcel's history in the Clerk's Office. If the most recent record in the Clerk's Office is prior to Deed Book 706, Page 421, the parcel has its full complement of development rights. If records exist after Deed Book 706, Page 421 you will need to review each deed to find a plat that will have notes addressing development rights. Plats signed by the County after December 10, 1980 should have notes referencing division rights or development rights. If multiple plats exist, start with the most recent plat. There should be a note on the plat that states "Parcel X retains Y development rights" or "Parcel X may be further divided" or "Parcel X may be divided into Y lots of less than 21 acres" or some type of similar language. Also, look for a note that may follow the above notes that states "When used, the development rights may consume not more than acres." If you are unable to determine the development rights by using the above process then you have two (2) other options: An informal assessment of development rights and an Official Determination of Parcels and or Development Rights. Steps in getting an informal assessment of development rights from staff. Fill out an Informal Development Rights Assessment form and leave it with the intake staff in the Department of Community Development. The form is available from the website here or in Community Development front office. It may take up to two weeks for staff to conduct the research. Longer review times may be needed for multiple parcels or for complex divisions. Steps in getting an official letter of determination of Development Rights. Fill out an Official Letter of Determination. The application is available from the website here or in Community Development front office. Submit the required information as stated on the application to the Department of Community Development. Submit a fee of $100 for each existing Parcel ID number. Written determinations may take 30 to 90 days to complete. Please note that official determinations may be appealed to the Board of Zoning Appeals, if you believe an error in interpretation has occurred. However, after the appeal period (30 days) has elapsed, no appeal is possible and the determination is final. All forms/documents mentioned in this and other brochures can be found at our website.