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HomeMy WebLinkAboutLOD200500019 Legacy Document 2014-03-13�F ALB& �'tRGII�ZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 August 17, 2005 William Edgerton, AIA P.O. Box 1625 Charlottesville, VA 22902 Fax (434) 972 -4126 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 43, Parcel 18D (Property of PJ Land Trust, Patricia Jones Edgerton and Diane Edgerton Miller, Trustees) Section 10.3.1 Dear Mr. Edgerton: 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 43, Parcel 18D has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 43, Parcel 18D contains 182.935 acres and no dwellings The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded is Deed Book 2825, page 627. This analysis begins with Deed Book 599, page 459 that is dated July 6, 1976. This deed conveyed two tracts from Paul D. Summers and Jill F. Summers to Nettie Marie Jones. Tract No. 1 contains 255.78 acres that are shown on a plat by O.R. Randolph that is dated March 28, 1962. The plat is recorded in Deed Book 402, page 259. Tract 2 contains 98.26 acres acquired by Deed Book 402, page 259, less and except 3.97 acres off conveyed by Deed Book 418, page 137. This deed established the 255.78 - acre parcel and the 94.29 -acre parcel as separate parcels of record per Section 10.3. The 255.78 -acre parcel is the subject of this determination. Deed Book 636, page 552, dated November 21, 1977, conveyed 35.132 acres from Nettie Marie Jones to John Schofield Llewellyn and Mary Martha Llewellyn. The parcel is shown on a plat by R. O. Snow that is dated November 17, 1977. As a result of this transaction the residue of Parcel 18D contained 220.648 acres. (D William Edgerton, AIA August 17, 2005 Page 2 Deed Book 675, page 460, dated July 5, 1979, conveyed 11.939 acres from Nettie Marie Jones to John Schofield Llewellyn and Mary Martha Llewellyn. The land was added to the 35.132 -acre described above. The parcel is shown on a plat by R. 0. Snow and Associates dated May 6, 1979. The parcel is described as being a portion of the property conveyed by Deed Book 599, page 459. The residue was not noted on the plat. As a result of this transaction the residue of Parcel 18D contained a calculated 208.709 acres. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 704, page 192 and is dated October 2, 1980. This deed conveyed 19.674 acres from Nettie Marie Jones to Frank L. Hereford and Ann L. Hereford. The parcel is shown on a plat by R. 0. Snow that is dated June 6, 1980. The parcel is composed of a portion of each of the two tracts conveyed by Deed Book 599, page 459. The portion of the Parcel 18D that is off - conveyed is calculated to contain 6.834 acres. The plat incorrectly added rather than subtracted this portion of the off - conveyance to the original acreage resulting in a note that the residue of Parcel 18D contained 214.71 acres. The residue is calculated to contain 201.875 acres. Based on this deed, Parcel 18D, containing a calculated 201.875 acres is determined to have been a lot of record with five (5) development rights on December 10, 1980. Deed Book 728, page 276, dated October 9, 1981, conveyed 19.674 acres from Nettie Marie Jones to Wolff, Morgan & Company. The land was added to Tax Map 43, Parcel 18G. The parcel is shown on a plat by R. 0. Snow and Associates October 8, 1981. The parcel is described as being a portion of the property conveyed by Deed Book 599, page 459. The plat notes that no division rights are effected by the platting of the 19.674 acres. The plat notes the residue contained 182.935 acres. As a result of this transaction the residue of Parcel 18D contained 182.935 acres and five development rights. Deed Book 764, page 460, dated May 19, 1983, conveyed four tracts of land from Nettie Marie Jones to Patricia Jones Edgerton as Trustee for the Patricia Jones Edgerton Trust. Among these parcels was TRACT NO. 1 described as Tax Map 43, Parcel 18D, containing 182.935 acres. The tracts are shown on a compiled plat by R. 0. Snow and R. W. Ray dated October 9, 1981. This transaction had no effect on the . development rights of Parcel 18D. Deed Book 797, page 353, Deed Book 984, page 530, Deed Book 1617, page 223 and Deed Book 2825, page 627 each deal with the appointment and /or substitution of trustees of the PJ Land Trust. These transactions had no effect on the development rights of Parcel 18D. 0 William Edgerton, AIA August 17, 2005 .Page 3 . n This parcel is 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. You have asked what options exist for family divisions of this parcel. The provisions for family divisions are set forth in Sections 208, 210, 211 and 212 of the Subdivision Ordinance. Copies of these sections are enclosed for your use. Please be aware that these regulations provide no relief from the requirements of the zoning ordinance. 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 $120. 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. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Reading Files 14 -208 Family subdivisions. The following sections of this chapter shall apply to each family subdivision, when applicable: A. General: Sections 14 -100 through 14 -108. B. Administration and procedure: Sections 14 -200 through 14 -204, 14 -208, 14 -210, 14- 211, 14 -212, 14 -226, 14 -229, 14- 232(B) and 14 -236. C. Plat requirements and documents to be submitted: Sections 14 -300, 14 -301, 14- 302(A)(1), (3), (4), (5), (6), (7), (9), (10), (11), (13), (14) and (15), 14- 302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14- 303(A), (B), (C), (D), (E), (F), (H), (I), (L), (M), (N), (0), (P), (Q) and (S), 14 -304, 14- 305(B), 14- 308.1, 14 -309, 14 -310, 14 -312 and 14 -314. D. On -site improvements and design: Sections 14 -400, 14 -401, 14 -402, 14 -403; if a private street will be constructed as authorized by section 14- 232(B)(1), then also sections 14 -316, 14 -406, 14- 410(F) and 14- 412(A)(4); if any part of the property within a proposed family subdivision is within the jurisdictional area of the service authority, then also section 14 -414, but if not, each lot, including a lot not required to connect to public sewer service pursuant to section 14 -414, which is less than five (5) acres, shall comply with the requirements of sections 14 -416, 14 -421 and 14 -426 through 14 -440. (§ 18 -57 (part), 9 -5 -96, 1 -3 -96, 4- 13 -88, 12- 21 -83, 10- 17 -79, 8- 28 -74; § 18 -58 (part), 9 -5 -96, 8- 28 -74; 1988 Code, §§ 18 -57, 18 -58; Ord. 98 -A(1), 7- 15 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) State law reference - -Va. Code §§ 15.2- 2241(9), 15.2- 2244(C). DIVISION 3. PROCEDURES FOR RURAL SUBDIVISIONS, FAMILY SUBDIVISIONS, BOUNDARY LINE ADJUSTMENTS, VACATIONS AND EASEMENT PLATS 14 -209 Rural subdivisions 14 -210 Family subdivisions; procedure. Each plat for a family subdivision shall be submitted, reviewed and approved as follows: A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1 -82. If land is to be transferred to a member of the immediate family owning an abutting lot as part of a family subdivision, the land shall be combined with the abutting lot and shall be so noted on the plat by appropriate symbol and wording. B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies with the applicable requirements of this chapter. If the agent determines that the plat complies, he shall approve the plat. If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit approval. The agent shall either mail the notice of denial by first class mail, or personally deliver it, to the subdivider. However, if the plat requires approval by any agency, department or authority other than the county, and no evidence is provided at the time the plat is submitted that approval has been obtained, the agent shall approve or disapprove the plat within thirty -five (35) days after receipt of approval from the agency, department or authority, provided that the plat shall be approved or denied not later than ninety (90) days after submittal of the plat. C. The approval of a plat for a family subdivision shall be subject to the conditions of approval set forth in section 14 -212. (9 -5 -96, 8- 28 -74; 1988 Code, § 18 -58; Ord. 98 -A(1), 7- 15 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) State law reference -Va. Code §§ 15.2- 2241(1), 15.2- 2241(9), 15.2- 2244(C), 15.2 -2258. 14 -211 Family subdivisions; conditions precedent. A family subdivision shall be approved only if, in addition to satisfying all other applicable requirements of this chapter, the agent is satisfied that: A. Only one lot is created for transfer by sale or gift to the same family member. B. The subdivider has not previously divided any other land within the county by family subdivision for transfer by sale or gift to the same family member. C. Each lot proposed to be created complies with all applicable requirements of the zoning ordinance. D. The family subdivision is not sought for the purpose of circumventing the requirements of this chapter applicable to subdivisions. In determining whether a family subdivision is sought for the purpose of circumventing the requirements of this chapter, the agent shall consider the following factors, among others: 1. Whether the subdivision promotes the cohesiveness of the family; 2. Whether the subdivision is profit motivated for short-term investment purposes; 3. The length of time the subdivider has owned the property; and 4. Whether, after the family subdivision is approved, a lot created by the family subdivision is conveyed back to the grantor or to a third party. (9 -5 -96, 1 -3 -96, 4- 13 -88, 12- 21 -83, 10- 17 -79, 8- 28 -74; 1988 Code, § 18 -57; Ord. 98 -A(1), 7- 15 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) State law reference —Va. Code § 15.2- 2244(C). 14 -212 Family subdivisions; conditions of approval. Each approval of a plat for a family subdivision shall be subject to the following conditions: A. No lot created by the family subdivision, including the residue, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the subdivider, for a period of two (2) years from the date of recordation of the plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing, provided that the spouse of the member of the immediate family to whom a lot.is transferred may be a cograntee and co -owner of the lot. If the lot created is conveyed back to the grantor within the two (2) year period, it shall be recombined with the parent lot within six (6) months after such conveyance. No building permits shall be issued for the lots until they are recombined. B. The entrance of the principal means of access for each lot onto any public street shall comply with Virginia Department of Transportation standards and be approved by the Virginia Department of Transportation. C. The following note shall be added to each plat for a family subdivision: "No lot shown on this family subdivision plat may be sold or conveyed to a person other than an eligible `member of the immediate family,' as that term is defined in Chapter 14 of the Albemarle County Code, for a period of two (2) years from the date of recordation of this plat except as authorized by section 14- 212(A) of the Albemarle County Code. If any lot created by the recordation of this plat is conveyed back to the grantor during the two (2) year period, it shall be recombined with the parent lot within six (6) months after such conveyance." (9 -5 -96, 1 -3 -96, 4- 13 -88, 12- 21 -83, 10- 17 -79, 8- 28 -74; 1988 Code, § 18 -57; Ord. 98 -A(1), 7- 15 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) State law reference —Va. Code § 15.2- 2244(C).