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Home My WebLink AboutLOD200800005 Letter of Determination 2014-03-17'AL U �bt0 GINIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 4, 2008 Kenny Blaylock Jenning Stephenson P.G. 10160 Staples Mill Road Glen Allen, VA 23060 RE: LOD-2008=005- OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS — Parcel ID 055E0 -01-00-000A1- White Hall Magisterial District (Property of March Mountain Properties LLC) Section 10.3.1 Dear Mr. Blaylock: 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 the portion of Parcel 055E0 -01-00-000A1 that is zoned Rural Areas and was originally designated as Tax Map 55, Parcel 83 contains five (5) development rights. The basis for this determination follows. Our records indicate Tax Map Parcel Parcel 055EO-01-00-000A contains 394.36 acres. The property is located in the White Hall Magisterial District. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3442, page188. The most recent instrument for the original Tax Map 55, Parcel 83, recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 562, page 214, and is dated September 18, 1974. The deed conveyed 148.86 acres from H.B. Rea to William H. White, III & Virginia R. White. The property is described as a tract of 161.7 acres shown on a plat by Hugh F. Simms dated January 1934 LESS AND EXCEPT the following off -conveyances: (1) 10.4 acres described by reference to Deed Book 266, page 333 that is dated January 9, 1946. The deed contains a plat showing the parcel. (2) 1.94 acres described by reference to Deed Book 266, page 545 that is dated March 20, 1945. The deed conveyed a strip of land along the north side of Route 250 to the Commonwealth of Virginia. (3) 0.5 acres described by reference to Deed Book 266, page 327 that is dated January 9, 1946. The deed contains a plat showing the parcel. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\55-83 LOD 2008-005 March Mountain LLC.doc Kenny Blaylock — - April 4, 2008 Page 2 Based on this deed, the 148.86 -acre parcel, designated as Tax Map 55, Parcel 83 is determined to be a parcel of record with five (5) development rights. Deed Book 802, page 395, dated June 6, 1984, conveyed 166.6 acres, from William H. White, III & Virginia R. White to Fred Landess and Dennis W. Good, Jr. Trustees, parties of the second part and Prentice J. McNeely & Susan F. McNeely, parties of the third part. The property is described as being a portion of the property conveyed to the parties of the first part as follows: 1. Deed dated September 18, 1974 of record in Deed Book 562, page 214; 2. Deed dated March 1, 1971 of record in Deed Book 484, page 326; 3. Deed dated October 4, 1976 of record in Deed Book 403, page 215; 4. Deed dated October 5, 1976 of record in Deed Book 608, page 100. This deed reference was hand written on the deed. It is the source for Parcel 103. The property is shown on a compiled plat by R.O. Snow and R.W. Ray, Inc. designated as a redivision of Parcels 83, 84, & 103 on Tax Map 55, dated May 7, 1984. The plat adds a 6.2 -acre portion of Parcel 84, a 9.3 -acre portion of Parcel 84 and a 20.1 -acre portion of Parcel 103 to Parcel 83. The plat also conveys a 0.7 -acre portion of Parcel 83 and a 16.9 -acre portion of Parcel 83 to Parcel 84. The plat notes that no development rights are affected by this plat. As a result of this transaction, Parcel 83 contained 166.6 acres and five development rights. These development rights are located within the bounds of the original 148.86- acre parcel of record. Deed Book 1236, page 72, dated June 12, 1992, conveyed 12.22 acres from William H. White, III & Virginia R. White to Fred Landess & Dennis W. Good, Jr. Trustees of the Piedmont Virginia Land Trust. The property is designated as Parcel Y on a plat by Roger W. Ray & Assoc. dated May 12, 1992. The plat also created Parcel X containing 1.3.43 acres. Parcels X and Y are portions of Tax Map 55, Parcel 84. Parcel Y was added to Tax Map 55, Parcel 83. The plat notes that Parcel Y may not become a separate parcel but is to be added to and combined with Tax Map 55, Parcel 83. The plat also notes that no division rights are being transferred with Parcel X or Parcel Y. As a result of this transaction, Tax Map 55, Parcel 83 contained 178.82 acres and five development rights within the original 148.86 -acre parcel of record. Deed Book 1641, page 97, dated August 25, 1997, conveyed 14.6 acres from William H. White III and William H. White III & Stephen Noss White, Trustees of the Virginia R. White Revocable Trust to Fred Landess & Dennis W. Good, Jr. Trustees Hidden Hills LLC. The property is designated as Parcel Z on a plat by Roger W. Ray & Assoc., Inc. The plat describes Parcel Z as being a portion of Tax Map 55 Parcel 84 and Parcel 103. The plat notes that Parcel Z is being added to and combined with Tax Map 55, Parcel 83. The plat notes that no development rights are being added with Parcel Z. The plat states that the parcel contains a total of 193.42 acres. As a result of this transaction, lADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\55-83 LOD 2008-005 March Mountain LLC.doc Kenny Blaylock April 4, 2008 Page 3 Tax Map 55, Parcel 83 contained 193.42 acres and five development rights within the original 148.86 -acre parcel of record. Deed Book 2035, page 726, dated May 23, 2001, conveyed 485 acres from Dennis W. Good, Jr., Sole Acting Trustee of the Piedmont Virginia Land Trust to March Mountain, L.L.C. The property is comprised of 8 tax parcels including Tax Map 55, Parcel 83. The property is shown on a boundary survey by Kirk Hughes and Associates that is dated September 20, 2000. The survey describes Parcel 83 by reference to Deed Book 802, page 395, Deed Book 1236, page 72 and Deed Book 1641, page 97. This transaction had no effect on the development rights of Tax Map 55, Parcel 83. Deed Book 2233, page 389, dated June 3, 2002, conveyed numerous parcels from March Mountain, L.L.C. to March Mountain Properties, L.L.C. Among them was Parcel One, containing in the aggregate 485.095 acres and shown on the plat recorded in Deed Book 2035, page 728 — 736. This transaction had no effect on the development rights of the original Tax Map 55, Parcel 83. On September 14, 2005 the Board of Supervisors approved ZMA-2004-024 Old Trail Village. As a result, the zoning of Parcel 83 is split between the Rural Areas District and Neighborhood Model District._ The limits of the rezoning are shown on Sheet 6 of 9 of the General Plan of Development. As a result of the rezoning, the development rights associated with Parcel 83 are confined to the area that remains in the Rural Areas District. Deed Book 2886, page 134, dated contains a certificate of plat recorded on December 8, 2004. This is a subdivision of Tax Map 55, Parcel 71 that is titled Upper Ballard Field and Old Trail Drive. The plat shows a small boundary adjustment that conveyed 505 square feet from Parcel 83 to Parcel 17B1 for right of way for Old Trail Drive. The plat notes the residue of Parcel 83 contains 196.61 acres. On the basis of this deed, the Finance Department combined the residues of the March Mountain Parcels into a single parcel designated as 055E0 -01-00-000A1. This transaction had no effect on the development rights associated with the parcel originally identified as Tax Map 55, Parcel 83. Deed Book 3442, page 188, dated contains a certificate of plat recorded on June 20, 2007. This plat shows the Golf Course Access Road, containing 1.741 acres, a portion of tax parcel 55E -1-A1. This transaction had no effect on the development rights of Tax Map 55, Parcel 83. The parcel is entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized in the portion of the original parcel that is still zoned RA and is within the bounds of the original 148.86 -acre 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. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\55-83 LOD 2008-005 March Mountain LLC.doc Kenny Blaylock April 4, 2008 Page 4 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 Copy: Gay Carver, Real Estate Supervisor Scott Collins Collins Engineering 800 East Jefferson Street Charlottesville, VA 22902 Attached: Tax Map Transactions sketched on May 7, 1984 R.O. Snow & R.W. Ray plat Parcel 83 shown on Limits of Zoning/ ZMA-2004-024 Code of Development lADEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2008\55-83 LOD 2008-005 March Mountain LLC.doc