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HomeMy WebLinkAboutLOD200500018 Legacy Document 2014-03-13�'IRGINIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 17, 2005 William Edgerton, AIA P.O. Box 1625 Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 43, Parcel 22 (Property of Milton T. Edgerton and Patricia J. Edgerton) 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 22 has four (4) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 43, Parcel 22 contains 155.25 acres and two dwellings. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in. Deed Book 2348, page 571. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 589, page 647 and is dated February 4, 1976. This deed conveyed 243.2 acres from Laurence H. Gardner, II, Marilyn G. Gardner, Sallie G. Willis, Ralph N. Willis and Grace Gardner to Milton T. Edgerton and Patricia J. Edgerton. The property is described as being the same that was conveyed to Gibson Gardner by the deed of record in Deed Book 270, page 3. Reference is made to that deed and to deeds and plats referred to therein for a more complete description of the property. Based on this deed, the 243.2 -acre parcel is determined to have been a lot of record with five (5) development rights on December 10, 1980. Deed Book 1415, page 357, dated June 26, 1994, conveyed 8.82 acres from Milton T. Edgerton and Patricia J. Edgerton to John B. Syer and Virginia M. Syer. The parcel is described as being a portion of the property conveyed by the deed of record in Deed Book 589, page 647. The parcel is designated as Lot B on a plat by Roger W. Ray and Assoc., Inc. dated May 27, 1994. The plat notes that Parcel B may not be further 0 William Edgerton August 17, 2005 Page 2 divided and the residue has four division rights remaining. When used they can not total more than 22.18 acres. As a result of this transaction Parcel 22 contained 234.38 acres and 4 development rights. Deed Book 1490, page 581, dated September 5, 1995 conveyed 23.10 acres from Milton T. Edgerton and Patricia J. Edgerton to John Wood Bolton and Nancy Jane Bolton. The parcel is described as being a portion of the property conveyed by the deed of record in Deed Book 589, page 647. The parcel is designated as Lot A on a plat by Roger W. Ray and Assoc., Inc. revised August 24, 1995. The plat notes that Parcel A may not be further divided and the residue may be divided into 4 lots of less than 21 acres each provided they do not total more than 22.18 acres. As a result of this transaction Parcel 22 contained 211.28 acres and 4 development rights. Deed Book 1584, page 370, dated December 23, 1996, conveyed a. 4/27 fee simple interest in 56.030 acres from Milton T. Edgerton and Patricia J. Edgerton to Ethan A., Miller and Diane Edgerton Miller. The parcel is described as being a portion of the property conveyed by the deed of record in Deed Book 589, page 647. The parcel is designated as Parcel A on a plat by Trueline Surveying, Inc., Inc. dated December 17, 1996. The plat notes that no development rights are being transferred with Parcel A and that the residue retains 4 development rights. As a result of this transaction Parcel 22 contained 155.250 acres and 4 development rights. Deed Book 2348, page 571, dated December 29, 2002, conveyed the remaining interest in the 56.030 acres from Milton T. Edgerton and Patricia J. Edgerton to Ethan A. Miller and Diane Edgerton Miller. The parcel is described as being a portion of the property conveyed by the deed of record in Deed Book 589, page 647. The parcel is designated as Parcel A on a plat by Trueline Surveying, Inc., Inc. dated December 17, 1996. The plat notes that no development rights are being transferred with Parcel A and that the residue retains 4 development rights. This deed referenced six deeds that each conveyed a 4/27 interest in this property from the Grantor to the Grantee between December 23, 1996 January 3, 2001. These conveyances of ownership interest had no effect on the legal status of the parcel or its development rights. As a result of this transaction Parcel 22 contained 155.250 acres and 4 development rights. This parcels 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 parcels 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. C William Edgerton August 17, 2005 Page 3 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, s 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).