HomeMy WebLinkAboutLOD200400004 Legacy Document 2014-03-13OF ALI?
�'JRGIN�P
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126
March 26, 2004
Lee Cress, CPA
1006 East Jefferson Street
Charlottesville, VA 22902
TELEPHONE (434) 296-5832
TTD (434) 972-4012
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 8,
Parcel 15 (Property of Sanderstead Investment, Inc.) Section 10.3.1
Dear Mr. Cress:
The County Attorney and I have reviewed the title information for the above -
noted property. This letter is divided into two parts. First, it was determined in
1993 that the subject property was one (1) parcel of record. Second, it is the
County Attorney's advisory opinion and my official determination that Tax Map 8,
Parcel 15 has one (1) theoretical development right. The basis for this conclusion
and determination is summarized as follows:
Our records indicate Tax Map 8, Parcel 15 contains 374.296 acres, one dwelling
and one mobile home. The property is not in an Agricultural Forestal District. The
most recent deed for this property is recorded in Deed Book 663, page 176.
Part 1: Parcel Determination
In the course of researching this I discovered this question was settled by an
official determination issued by Amelia McCulley, Zoning Administrator on
October 1, 1993. It was her determination the property consisted of one (1)
parcel containing 408.1 acres. A copy of that letter is enclosed. This
determination was not appealed to the Albemarle County Board of Zoning
Appeals and it is now a "thing decided under Virginia law. Therefore, the 1993
decision is final and can not be appealed. The property as it existed on
December 10, 1980 was a parcel of record with five development rights.
Part 2: Development Rights Determination
Deed Book 1056, page 296 contains a Certificate of Take dated June 28, 1989.
Sanderstead Investment, Inc. conveyed 0.140 acres to the Commonwealth for
improvements to Route 601. This had no effect on the legal status of the property
or development rights.
Lee Cress
March 26, 2004
Page 2
Deed Book 2338, page 327, dated December 12, 2002 contains a Certificate of
Plat. The plat by Roudabush, Gale'and Associates, dated April 25, 2002, shows
Parcel A, a portion of Parcel 15 on Tax Map 8 containing 26.228 acres. The plat
carries a note stating, "Parcel A will have four development rights. As a result of
this division, Residue Parcel 15 will have one development right remaining for
lots under 21 acres, when used the lot may not exceed 4.772 acres." The residue
is shown to contain 374.296 acres. On the basis of this recorded plat, the
residue of Parcel 15 is determined to have one development right.
Deed Book 2476, page 526,dated June 2, 2003 conveyed 26.228 acres from
Sanderstead Investment, Inc. to Kenneth G. Hale, Jr. and Vicki H. Hale. The
property is described as Parcel A on the plat by Roudabush, Gale and
Associates, dated April 25, 2002 and recorded in Deed Book 2338, page 327.
This transaction had no effect on the legal status of the property or development
rights.
If you are aggrieved by this determination of development rights for Parcel 15',.
you have a right to appeal it within thirty days of the date notice of this
determination is given, in accordance with Section 15.2-2311 of the Code of
Virginia. If you do not file a timely appeal, this determination shall be final and
unappealable. An appeal shall be taken only by filing with the Zoning
Administrator and the Board of Zoning Appeals a notice of appeal which specifies
the grounds for the appeal. An appeal application must be completed and filed
along with the fee of $120. The date notice of this determination was given is the
same as the date of this letter.
You will receive a refund of $35.00 because this was a determination of
development rights only, the fee for which is $40.00.
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Enclosure: October 1, 1993 Determination
Copies: Gay Carver, Real Estate Department
Reading File 8-15
�q OF
y T .
Cn
�.i
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
October 1, 1993
Jeff Collins
P. 0. Box 7323
Charlottesville, Virginia 22906
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 8, Parcel 15
Dear Mr. Collins:
The County Attorney and I have reviewed the deeds and other information you have .
submitted for the above -noted property. It is the County Attorney's advisory opinion
and my official determination, that this property consists of one (1) parcel containing
408.1 acres more or less.
This parcel is entitled to associated development rights. This determination results
in the same number of parcels as is shown with a parcel number on the County tax
maps. It is my opinion that there are no additional parcels.
This determination considered the descriptive clauses of the deed, which delineate and
enumerate the property as consisting of "all that certain tract or parcel of land ...
about six miles northwest of Free Union on State Route 601 containing 408.1 acres,
more or less ..." This consideration is based on the findings of the VA Supreme Court
in the case, Faison v. Union Camp 224 VA 54.
The most recent deed of record as of the date of adoption of the Zoning Ordinance
is found in Deed Book 663, Page 176. It is dated January 12, 1979, from J. Howard
and Johanna M. Staley, to Sanderstead Investment Inc. The previous deed with plat
of T.W. Saudners, is dated June 12, 13 and 14, 1963 and is of record in Deed Book
389, Page 365. The 1963 deed also employs the descriptive language all that certain
tract or parcel of land. The attached plat shows the cumulative acreage with outside
boundaries and no internal previous parcel lines.
0
{ October 1, 1993
Jeff Collins/Sanderstead Determination
Page 2
You have thirty days from this date in which to appeal this decision to the Board of
Zoning Appeals, in accordance with Section 15.1-496.1 of the Code of Virginia or the
decision shall be final and unappealable. If you have any questions, please feel free
to contact me at your convenience.
Sincerely,
6; �) &
J�l.'L �, '_6
Amelia G. McCulley, A.I.C. P.
Zoning Administrator
AGM/
cc: Sanderstead Investment Inc.
Jan Sprinkle, Planning Department
Gay Carver, Real Estate Department
Ella Carey, Clerk, Board of Supervisors
Reading Files
[USY&I
Zero (0) additional parcel(s)
One (1) by Tax Map, one (1) by determination
REQUEST FOR DrT" - _ -T NATION PARCELS OF RECuAr,
t
FEE: $60.00
Ile # 'h -q3-0 Admin (waived)
gate: 2 t q Non -administrative
I iPPLICANT:
FAME:
,DDRESS:
'HONE:
;ONTACT PERSON:
LAME: � S
ADDRESS: PO BOX 7
)AY PHONE: q "73'71039,
'AX MAP: $, PARCEL(S): f 5-
;,OCATION: 6 - R-�- (011 % 601
1CREAGE : 14 U U , 5a J-4 (TOTAL)
LUMBER OF PARCELS:
CI, ► -1- U KE o r-}�n�cL 7�
SUBMITTAL REQUIREMENTS:
ZONED: � 4-
L . Tax Map Page.
(EACH PARCEL)
2. Last instrument of record (plat and/or deed) in the Clerk's Office of the
Circuit Court of Albemarle County, VA on or prior to December 10, 1980.
(Highlight or underline references to the subject property.)
3. All plats and/or deeds of record after December 10, 1980, UP UNTIL THE
PRESENT DATE. (Highlight or underline references to the subject property.)
1. Any other pertinent information.
5. Cover letter stating the assumed number of parcels, with explanation of
same.
I certify that to the best of my information, belief and professional opinion,
these attachments include all pertinent plats and deeds from the Clerk's Office,
as required.yn4e3;submittal requiremejits . "
SignatAirK / / DATE
.... „r-_:
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
October 1, 1993
Jeff Collins
P. 0. Box 7323
Charlottesville, Virginia 22906
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
- Tax Map 8, Parcel 15
Dear Mr. Collins:
The County Attorney and I have reviewed the deeds and other information you have
submitted for the above -noted property. It is the County Attorney's advisory opinion
and my official determination, that this property consists of one (1) parcel containing
408.1 acres more or less.
This parcel is entitled to associated development rights. This determination results
in the same number of parcels as is shown with a parcel number on the County tax
maps. It is my opinion that there are no additional parcels.
This determination considered the descriptive clauses of the deed, which delineate and
enumerate the property as consisting of "all that certain tract or parcel of land ...
about six miles northwest of Free Union on State Route 601 containing 408.1 acres,
more or less ..." This consideration is based on the findings of the VA Supreme Court
in the case, Faison v. Union Camp 224 VA 54.
The most recent deed of record as of the date of adoption of the Zoning Ordinance
is found in Deed Book 663, Page 176. It is dated January 12, 1979, from J. Howard
and Johanna M. Staley, to Sanderstead Investment Inc. The previous deed with plat
of T.W. Saudners, is dated June 12, 13 and 14, 1963 and is of record in Deed Book
389, Page 365. The 1963 deed also employs the descriptive language all that certain
tract or parcel of land. The attached plat shows the cumulative acreage with outside
boundaries and no internal previous parcel lines.
n (7)
October 1, 1993
Jeff Collins/Sanderstead Determination
Page 2
You have thirty days from this date in which to appeal this decision to the Board of
Zoning Appeals, in accordance with Section 15.1-496.1 of the Code of Virginia or the
decision shall be final and unappealable. If you have any questions, please feel free
to contact me at your convenience.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
AGM/
cc: Sanderstead Investment Inc.
Jan Sprinkle, Planning Department
Gay Carver, Real Estate Department
Ella Carey, Clerk, Board of Supervisors
Reading Files
NOTE:
Zero (0) additional parcel(s)
One (1) by Tax Map, one (1) by determination
REQUEST FOR Dz;T"'--XINATION PARCELS OF REcu.R'�
File - .3`0 rl
Date: 4 F - l �1
OWNER:
NAME: or - '1
ADDRESS: P. C) - i 6 x
PHONE:
APPLICANT:
NAME:
ADDRESS:
PHONE:
CONTACT PERSON:
NAME
ADDR
DAY
FEE: $60.00 pi
Admin (waived)
Non -administrative
TAX MAP: B, PARCEL(S): 1 5 — ZONED: RX
LOCATION: 6t. R -A- JDJ J /601 �n�er5ec��d�
ACREAGE: N U U , 5A IA (TOTAL)
NUMBER OF PARCELS:
CI' ► -G U �!E o �hrcc. ��
SUBMITTAL REQUIREMENTS:
1. Tax Map Page.
(EACH PARCEL)
2. Last instrument of record (plat and/or deed) in the Clerk's Office of the
Circuit Court of Albemarle County, VA on or prior to December 10, 1980.
(Highlight or underline references to the subject property.)
3. All plats and/or deeds of record after December 10, 1980, UP UNTIL THE
PRESENT DATE. (Highlight or underline references to the subject property.)
4. Any other pertinent information.
5. Cover letter stating the assumed number of parcels, with explanation of
same.
I certify that to the best of my information, belief and professional opinion,
these attachments include all pertinent plats and deeds from the Clerk's Office,
as required,,�inder 'submittal requirements."
S
REUTERSKIOLD 8049732397
C
Ce A�t!
��RGtNtP
County of Albemarle
Department of Planning and Community Development
401 McIntire Road Charlottesville, VA 22901
(434) 296-5823 Ext. 3336
MEMORANDUM
Date; December 31, 2003
W. fpm it may concent
a•"ro Shea Farrar, Planning Technician
RE: Division Rights on Tax Map 8, Parcel 15
`k (! � Flea a be advised that the following determination of division rights is theoretical only. I
base on the assumption that the property has no special use permit or Zoning Map amd
:.:•y;fes. tions, and that it has not been developed.
ap 8, Parcel 15 currently has one division right remaining. However there i
nce,14 the Real Estate history file that this parcel is comprised of at least two
:pf,rdrd that were combined for tax purposes in the 19701s. This means that an o
l.. ,fete minatign of division rights could produce at least five more division rights. T
;;r�:,• ,:': he roperty also allows for 21 -acre divisions, which do not require division rights.
�:..; 4crd 'this parcel has the potential for 17 lots that are 21 acres. J
In or er to utilize these division rights or create 21 acre lots you must meet all of the a
Coui ty regulations i.e. Zoning Ordinance Subdivision Ordinance etc.
:. defit
i .Cod
•:��: ��1`fy
.V
I is
idment
ie size of
At 374.3
1, this•deteinunation is based on a cursory review and should not be construed as a,final,
tive determination of division rights from the County of Albemarle. An official, fi
tive determination of division rights maybe obtained from the Department of Bui:
s and.Zoning Services.
Thave any *questions or comments, please call me.
and