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HomeMy WebLinkAboutLOD200600023 Letter of Determination 2006-10-121 OF AL GI1`11P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 12, 2006 Thomas Jones 400 Balbion Drive Earlysville, VA 22936 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 45, Parcel 40F (Property of Thomas H. Jones and Diana Foster -Jones) Section 10.3.1 Dear Mr. Jones: 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 45, Parcel 40F has five (5) theoretical development rights as indicated on the attached plat by Roger W. Ray and Associates. The basis for this determination follows. Original Tax Map 45, Parcel 40F Our records indicate Tax Map 45, Parcel 40F contains 21.050 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3107, page 229. The most recent instrument for a 20.08 -acre portion of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is a court order recorded in Deed Book 416, page 75 and is dated March 15, 1966. This order conveyed 0.64 acres on the north bank of the South Fork of the Rivanna River and an easement for temporary flooding caused by a flood of magnitude equal to that occurring in 1942, over a portion of the condemnees' land lying immediately west of the land to be acquired in fee simple from Annie R. Wood and Robert C. Wood to the City of Charlottesville. The property is shown on a plat by Polglaze & Basenberg, Engineers dated March 30, 1965. The plat references Deed Book 312, page 566. The residue acreage is not indicated. This is the northern portion of the property that was later divided to create Sycamore. It is designated as Parcel 40 on the 1979 tax map. On the basis of this deed the 20.08 - acre parcel is a parcel of record with five theoretical development rights. The most recent instrument for a 12.74 -acre portion of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 565, page 14 and is dated November 20, 1974. This deed conveyed 8.00 acres from Charles C. Stephens and Evelyn H. Stephens to William A. Lynch, Jr. and Judith W. Lynch. The property is shown on a plat by Earl Barnett revised on November 6, 1974. This is the I:\DEPT\BCZS\Determin of Parce12006\45-40F Jones LOD-2006-23.doc Thomas Jones October 12, 2006 - - Page 2 southern portion of the property that was later divided to create Sycamore. On the basis of this deed the 12.74 -acre parcel is a parcel of record with five theoretical development rights. The 8 -acre parcel is not a subject of this determination: (T.M. 45- 39) Deed Book 708, page 1, dated February 5, 1981, conveyed 20.08 acres from Mattie Wood Morris, Sallie Wood Thomas and Ruby Wood Davis to David M. van Roijen. The property is described as a major portion of a larger parcel conveyed by the deed of record in Deed Book 312, page 566. This is the northern portion of the property that was later divided to create Sycamore. The property is shown on a plat by William S. Roudaush, Inc. dated April 19, 1979 and revised on December 18, 1980. (T.M. 45 - 40) Deed Book 720, page 467, dated June 29, 1981, conveyed 13.73 acres from Charles C. Stephens and Evelyn H. Stephens to David M. van Roijen. The property was described as a portion of the parcels conveyed to the grantors by the deeds of record in Deed Book 347, page 138 and Deed Book 397, page 412. The property is shown on a plat by William S. Roudabush, Inc. dated May 28, 1981. This is the same property that was shown on the plat recorded in Deed Book 565, page 14. The discrepancy in acreage is not explained. This transaction had no effect on the development rights of Tax Map 45, Parcel 39. Deed Book 782, page 356, dated November 8, 1983, contains a plat by William S. Roudabush, Inc. revised July 18, 1983 showing the Sycamore Subdivision, comprised of Lots 1 through 7, a division of Parcels 39 and 40, the land of David M. van Roijen. These became Lots 40 and 40A through 40F. Parcels 39 and 40 each had 5 development rights. We have concluded that the 5 development rights associated with the original Parcel 40 were used by Parcels 40, 40A, 40B, 40C and 40F and that Parcels 40D and 40E used 2 development rights associated with original Parcel 39. The remaining 3 development rights associated with original Parcel 39 were not allocated on the plat. Rather, the plat carries a note stating, "Restrictive covenant: no lot may be further divided." The note restricting further division is not binding on the application of County regulations. Potentially, the three remaining development rights from Parcel 39 could be allocated among the existing parcels of the Sycamore subdivision on a revised subdivision plat signed by all current owners of the entire property shown on the July 18, 1983 plat. That said, on the basis of this plat the portion of 40F designated as Lot 7 on the plat has one (1) development right. Deed Book 782, page 363, dated November 4, 1983, conveyed 7.43 acres from David van Roijen and Amie van Roijen to Eduard L. Schrama and Janet N. Schrama. The property is identified as Lot 7 and is further described by reference to the plat by William S. Roudabush, Inc. dated June 21, page 1983 and revised on July 18, 1983. This transaction had no effect on the development rights of Parcel 40F. Deed Book 1516, page 720, dated January 23, 1996, conveyed 7.43 acres from Eduard L. Schrama and Janet N. Schrama to Thomas H. Jones and Diana Foster -Jones. The property is described as being the same property as that conveyed by the deed of 1ADEFRBUSMeternnin of Parce112006\45-40F Jones LOD-2006-23.doc Thomas Jones October 12, 2006 Page 3 record in Deed Book 782, page 363. This transaction had no effect on the development rights of Parcel 40F. Oriainal Tax Map 45, Parcel 41 The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 647, page 41 and is dated May 16, 1978. This deed conveyed 14.383 acres from Daniel V. Flynn and Virginia E. Flynn to David S. Heeschen and Eloise S. Heeschen. The property is described as a portion of the land conveyed by the deed of record in Deed Book 506, page 282. The property is shown on a plat by R. 0. Snow and Associates dated May 22, 1978. On the basis of this deed the 14.383 -acre parcel is a parcel of record with five theoretical development rights. Deed Book 1226, page 298, dated May 20, 1992, conveyed 14.383 acres from David S. Heeschen and Eloise S. Heeschen to themselves as tenants in common. The property is described as the same that was conveyed by the deed of record in Deed Book 647, page 41. This transaction had no effect on the development rights of Parcel 41. Deed Book 1586, page 490, dated November 21, 1996, conveyed 2.17 acres from David S. Heeschen and Eloise S. Heeschen to David W. Heeschen and Eleni S. Heeschen. The property is designated as Lot A on a plat by Roger W. Ray & Assoc., Inc., dated November 6, 1996. The plat notes that Parcel A may not be further divided and that Lot B is assigned 4 development rights. Lot A is now identified as Parcel 41 B on Tax Map 45. As a result of this transaction Tax Map 45, Parcel 41 contained 12.22 acres and 4 development rights. Deed Book 2687, page 509, dated January 27, 2004, conveyed 12.22 acres from David S. Heeschen to Thomas H. Jones and Diana Foster -Jones. The property is described as Parcel B on the plat by Roger W. Ray & Assoc., Inc of record in Deed Book 1586, page 494. This transaction had no effect on the development rights of Parcel 41. Original Tax Map 45, Parcel 43 This analysis begins with the deed of record in Deed Book 351, page 525 that is dated August 21, 1959. The deed conveyed approximately 8 acres from William James Miller and Mary L. Miller to John H. Roberts and Robie Roberts. The parcel is described as a portion of a 12 -acre tract of record in Deed Book 168, page 474 with the exception of an off -conveyance of 2 acres described by reference to Deed Book 268, page 382 and the off -conveyance of something less than 2 acres described by reference to Deed Book 306, page 503. These off -conveyances are designated as Parcels 43A and 43B on Tax Map 45. Deed Book 448, page 551, dated August 23, 1968, conveyed 1.659 acres from Mamie H. Allen & John Edward Allen, Eva Allen Holmes & Edward Holmes, Leslie Allen Hawkins & Clifton Hawkins, Willie. E. Allen .& Margaret T. Allen and Nathanial B. Allen and Leslie B. Allen to Beatrice Allen Walker. The parcel is shown on a plat by R. 0. I:\DEPT\BCZS\Determin of Parcel\2006\45-40F Jones LOD-2006-23.doc Thomas Jones October 12, 2006 Page4 Snow, revised on July 15, 1968. The plat also shows Parcel A, a portion of Parcel 43 containing 2.345 acres being added the larger tract, identified as Parcel 41. As a result Parcel 41 contained 11.50 acres. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 508, page 223 and is dated April 15, 1972. This deed contains a boundary adjustment between the 8 -acre parcel described in Deed Book 351, page 525 (T.M. 45-43) owned by John H. Roberts and Robie Roberts and an adjoining parcel described in Deed Book 448, page 555. (T.M. 45 - 41) owned by Daniel V. Flynn and Virginia E. Flynn. Based on this deed, Tax Map 45, Parcel 43 is determined to be a parcel of record. At the time of this transaction Parcel 43 had four (4) development rights. Deed Book 1959, page 236, dated September 26, 2000, conveyed 8.989 acres from Robbie Roberts to Andrew B. Murray and Pam G. Murray. The deed references the boundary line adjustment recorded in Deed Book 508, page 223 and is further described as being the same as that conveyed by Deed Book 351, page 525. The deed contains a survey by Trueline II Surveying, Inc. dated October 2, 2000 showing TMP 45-43 containing 8.989 acres. Deed Book 2667, page 641, dated January 2, 2004 conveyed 8.989 acres from Andrew B. Murray and Pam G. Murray to Paul R. Cox. The parcel is described as being the same as that conveyed by Deed Book 1959, page 239. This transaction had no effect on the development rights of Parcel 43. Revised Tax Map 45, Parcels 40F, 41 and 43 Deed Book 3107, page 222, dated November 10, 2005, conveyed 3.40 acres from Paul R. Cox to Thomas H. Jones and Diana Foster -Jones. The property is described as Parcel X on a plat by Roger W. Ray, Land Surveyor, dated September 12, 2005. The plat carries the following notes: Parcel X, a portion of Parcel 43, the property of Paul Cox, is added to Parcel 40F, the property of Thomas H. Jones and Diane Foster -Jones. Parcel Y, a portion of Parcel 41, the property of Thomas H. Jones and Diane Foster -Jones is added to Parcel 40F, the property of Thomas H. Jones and Diane Foster -Jones. Revised Parcel 40F is assigned 5 development rights. One is derived from existing Parcel 40F. One is derived from Parcel X (3.40 acres, a portion of Parcel 43) Three are derived from Parcel Y (10.22 acres, a portion of Parcel 41) Revised Parcel 41 is assigned 1 development right and may not be further divided. Revised Parcel 43 is assigned 2 development rights and may be further divided. I:\DEPTOCMDetermin of Parcel\2006\45-40F Jones LOD-2006-23.doc Thomas Jones �- October 12, 2006 Page 5 Since Parcel 43, containing 8.989 acres was divided into two pieces containing 3.40 acres and 5.59 acres one development right was "lost." The 3.4 -acre parcel has 1 development right. The 5.59 -acre parcel has 2 development rights. The 4th available development right may not be used as a result of this allocation of acreage. The notes on the plat are determined to be correct. Deed Book 3107, page 229, dated November 10, 2005, conveyed 2 acres from Thomas H. Jones and Diana Foster -Jones to Samantha Jones. The property is described as a portion of the land conveyed from David S. Heeschen by the deed of record in Deed Book 2687, page 509. The parcel is shown on the plat by Roger W. Ray, Land Surveyor, dated September 12, 2005 and described above. This parcel is the remainder of Parcel 41. This transaction had no effect on the development rights of Parcel 40F. 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. 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 Enclosed: Plat Copy: Gay Carver, Real Estate Supervisor IMEPTOUS\Determin of Parcel\2006\45-40F Jones LOD-2006-23.doc n PUi Npgill O•B.1 BBg-�pg