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Home My WebLink AboutLOD201000006 Letter of Determination 2014-02-26COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 June 3, 2011 Mr. Ben Thompson, AICP c/o Luck Stone Corporation P. O. Box 29682 Richmond, VA 23242 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 79, Parcels 36D & 36E (Property of Luck Stone Corporation) Scottsville Magisterial District Dear Mr. Thompson: 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 79, Parcel 36D is a parcel of record having no theoretical pre -1980/"2 -acre" development rights and Tax Map 79, Parcel 36E is a parcel of record having one (1) such theoretical development right. The basis for this determination follows. Our records indicate Tax Map 79, Parcel 36D contains 107.54 acres and no dwellings. Our records also indicate that Tax Map 79, Parcel 36E contains 17.7 acres and no dwellings. Neither of the properties are within an Agricultural and Forestal District. The most recent recorded instrument for these two properties is recorded in Deed Book 739, page 764. Tax Map 79, Parcel 36D: This analysis begins with the deed of record in Deed Book 103, page 295 that is dated July 11, 1895. The deed contains a description and plat which shows 195 & 4/10th acres "situated in Albemarle County -Virginia, on the Rivanna River near and adjacent to the Village of Milton..." conveyed to John S. Parrish. This land contains the current Parcel 36D on Tax Map 79. Deed Book 137, page 164, dated March 5, 1908, conveyed 195.4 acres from John S. Parrish and wife to J. J. Talman. The land is described as being the same as was conveyed by Deed Book 103, page 295. Deed Book 159, page 369, dated May 12, 1915, conveyed 195.4 acres from J. J. Talman to Virginia C. Beck. The land is described as being the same as was conveyed by Deed Book 137, page 164. Deed Book 187, page 90, dated May 30, 1924, conveyed 195.4 acres (out of a total 204 acres, more or less) from Virginia C. Beck to C. Nelson Beck. The land is described as being the same as was conveyed by Deed Book 159, page 369. The most recent instrument for parcel 36D recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 397, page 563, and is dated May 1, 1964. The deed conveyed 273.1 acres which included a 200.3 acre tract out of the 204.3 acres conveyed by Deed Book 187, page 90, known as Tax Map 79, Parcel 43F from Nelson Beck and Daisy S. Beck, his wife to Garrett W. & Jane P. Kirksey, husband and wife. Based on this deed, Tax Map 79, Parcel 43F is determined to have been a parcel of record with five (5) theoretical development rights. Deed Book 734, page 283, dated January 8, 1982, conveyed 242 acres, more or less, from Garrett W. & Jane P. Kirksey, husband and wife, to Garrett W. Kirksey, described as Parcels 43F and 36 on Tax Map 79. The property is also described as being the same as was conveyed by Deed Book 397, page 563. This transaction had no effect on the parcel 43F. Deed Book 739, page 764, dated May 17, 1982, conveyed 125.24 acres, more or less, from Garrett W. Kirksey to Luck Stone Corporation. The property conveyed is described as "Parcel A containing 107.54 acres, more or less, and Parcel B containing 17.70 acres, more or less, on a plat made by Robert L. Lum, C.L.S., dated May 14, 1982, revised May 26, 1982...". The properties are described as being portions of parcels 36 and 43F and being portions of the same as conveyed by Deed Book 397, page 563 (Parcel A or TMP79-36D) and Deed Book 343, page 466 (Parcel B or TMP79-36E). The plat assigned one (1) development right to the 17.70 acre parcel (TMP 79-36E) but is silent as to, and therefore did not assign, development rights to the 107.54 acre parcel (TMP 79-36D). This transaction had the effect of subdividing 107.54 acres off of Parcel 43F and 17.70 acres off of Parcel 36 for conveyance to Luck Stone with no theoretical 112 -acre" development rights conveyed with the 107.54 acre parcel (TMP79-36D) and one theoretical "2 -acre" development right conveyed with the 17.70 acre parcel (TMP79-36E). Tax Map 79, Parcel 36E: The most recent instrument for parcel 36E recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 343, page 466, and is dated October 15, 1958. This deed conveyed 65.9 acres from Samuel H. Hughes to Garrett W. & Jane P. Kirksey, husband and wife. The land is described as being the same as "referred to in the recitals and preamble to this deed and as more accurately shown on plats of said tracts made by T. W. Saunders, C.L.S., dated October 9 & 14, 1958, which are hereto attached and made a part of this deed". The plats show lands that contain the current parcels 36, 36C and 36E on Tax Map 79. Based on this deed, Tax Map 79, Parcel 36E was part of a larger tract that constituted a parcel of record with five (5) theoretical development rights. Deed Book 739, page 764, dated May 17, 1982, conveyed 125.24 acres, more or less, from Garrett W. Kirksey to Luck Stone Corporation. The property conveyed is described as "Parcel A containing 107.54 acres, more or less, and Parcel B containing. 17.70 acres, more or less, on a plat made by Robert L. Lum, C.L.S., dated May 14, 1982, 2 revised May 26, 1982... ". The properties are described as being portions of parcels 36 and 43F and being portions of the same as conveyed by Deed Book 397, page 563 (Parcel A or TMP79-36D) and Deed Book 343, page 466 (Parcel B or TMP79-36E). As described above, this transaction had the effect of subdividing 107.54 acres off of Parcel 43F and 17.70 acres off of Parcel 36 for conveyance to Luck Stone with no theoretical "2 -acre" development rights conveyed with the 107.54 acre parcel and one theoretical "2 -acre" development right conveyed with the 17.70' acre parcel. 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. 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_ug tions, please contact me. Si Ronald L. Higgins, AIC Chief of Zoning Copy. 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