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Home My WebLink AboutLOD201100011 Letter of Determination 2014-02-24COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 22, 2011 Mr. Brian S. Ray, LS c/o Roger W. Ray & Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 88, Parcels 5 & 42A (Property of David H. Bass & Nancy K. Bass) Samuel Miller Magisterial District Dear Mr. Ray: The County Attorney and I have reviewed the title information for the above -noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 88, Parcels 5 & 42A consist of three (3) parcels of record and have theoretical development rights as outlined in the table below. The basis for this determination follows the table. Parcel Acreage Development rights Tax Map 88, Parcel 5 424.74+Acres 5 Tax Map 88, Parcel 5 fr. 4 116.13+Acres 5 Tax Map 88, Parcel 42A 19.55 Acres 5 Totals 560.42+Acres 15 Our records indicate Tax Map 88, Parcel 5 contains 541.87 acres and two dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3479, page 435. Our records indicate Tax Map 88, Parcel 42A contains 19.55 acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3479, page 435. The analysis for former Tax Map 88, parcel 4 begins with the deed of record in Deed Book 245, page 369 that is dated March, 1931. The deed contains a description of 144 acres of land being conveyed by James G. White to W. Jerry White along with a plat on page 371 showing the same. This is also the most recent instrument for this parcel Mr. Brian S. Ray, LS 2 November 22, 2011 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. Based on this deed, Tax Map 88, Parcel 4 is determined to be a parcel of record with five (5) theoretical development rights. The analysis for parcels 5 & 42A begins with the deed of record in Deed Book 391, page 496 that is dated September 9, 1963. The deed contains a description of land being conveyed to Anchorage, Incorporated, consisting of "502 acres, more or less" minus off -conveyances and including the 19.55 acre parcel of land that is:now Tax Map 88, Parcel 42A. This is also the most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed conveyed the acreage as a portion of the original "Anchorage" tract that consisted of 1024.2 acres, later diminished by a number of off -conveyances acres and now known as Tax Map 88, Parcel 5. Based on this deed, Tax Map 88, Parcel 5 is determined to be a parcel of record with five (5) theoretical development rights and Tax Map 88, Parcel 42A is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 765, page 675, dated June 2, 1983, conveyed 728.451 acres from Anchorage, Incorporated and Virginia National Bank, Trustee to David H. Bass. Parcels 5 and 42A are described as being the same as was conveyed by Deed Book 391, page 496. Parcel 4 is described as being the same as was conveyed by Deed Book 245, page 369. This transaction had no effect on those parcels. Deed Book 3464, page 459, dated July 24, 2007, is a Certificate of Plat recording the plat by Roger W. Ray & Associates, Inc. that shows a rural division of three new 21 acre lots and the residue of Parcels 4 and 5. The three new lots had no theoretical development rights conveyed to them. The property is described as being a portion of the same as was conveyed by Deed Book 765, page 675. While the description in this certificate states "...the residue of T.M. 88 parcel 4 is being added to & combined with the residue of T.M. 88 parcel 5...", the plat contains a note that states "....the intent of this plat is not to combine these parcels or extinguish development rights.". This transaction had the effect of transferring the five (5) theoretical development rights of parcel 4 to parcel 5, giving the two tracts (parcels 4 & 5) five (5) theoretical development rights each or a total of ten (10) theoretical development rights. The five (5) theoretical development rights for each parcel would have to be used within the boundaries of the original parcels. Deed Book 3479, page 435, dated August 24, .2007, conveyed, among other land, 728.451 acres from David H. Bass to David H. Bass and Nancy K. bass, husband and wife. The property is described as being the same as was conveyed by Deed Book 765, page 675. This transaction had no effect on the parcels. The parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel with which they are associated. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. 2 Mr. Brian S, Ray, LS 3 November 22, 2011 If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $240. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. j0Sin rely, nald L. Higgins, AICP Chief of Zoning/Deputy Zoning Administrator Copy: Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors David H. Bass & Nancy K. Bass Attachment: Map of the three parcels 3