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HomeMy WebLinkAboutLOD200600010 Letter of Determination 2006-06-12GF A J$ U ®6fip I'IRGIi4ZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 June 12, 2006 J. Mathew Hall Mead Westvaco Corp. Route 4, Box 134 Appomattox, VA 24522 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 92, Parcel 60, Tax Map 93, Parcel 47C3, Tax Map 104, Parcels 14B & 18, Tax Map 115, Parcels 42 & 48A and Tax Map 116, Parcel 1 (Property of Meadwestvaco Corp) Section 10.3.1 Dear Mr. Hall: The County Attorney and I have reviewed the title information for the above -noted parcels. It is the County Attorney's advisory opinion and my official determination that the referenced parcels contain the theoretical development rights set forth below. Tax Map/ Parcel Acreage Development Rights Tax Map 92, Parcel 60 95.481 5 Tax Map 93, Parcel 47C3 0.830 0 Tax Map 104, Parcel 14B 57.092 5 Tax Map 104, Parcel 18 6.000 3 Tax Map 115, Parcel 42 80.250 5 Tax Map 115, Parcel 48A 19.4 acres 5 Tax Map 116, Parcel 1 200.334 5 The basis for this determination follows. Tax Map 92, Parcel 60 Our records indicate Tax Map 92, Parcel 60 contains 95.481 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2425, page 548. The most recent instrument for this property recorded prior to the adoption of the Zoning v�un,u�-) vvvv, �Nv� Iv, IvVV IV IVVVIIA IiV Ill LJVVr\ V IV, POUV GV/ QIIU IJ UGIICU March 18, 1977. The deed conveyed 95.25 acres from The College of William and Mary I:\DEFRBCMDetermin of Parcel\2006\92-6 93-47C3 104-14B+18 115-42+48A 116-1 WVP&P LOD 2006-010.doc J. Mathew Hall June 12, 2006 Page 2 to Westvaco Corporation. The property is described as being a portion of the land conveyed by the deed of record in Deed Book 207, page 452 and is further described by metes and bounds. The applicant submitted an unrecorded plat by Robert L. Lum showing Tax Map 92, Parcel 60. The plat notes the property contains 95.481 acres and references Deed Book 207, page 452. On the basis of this deed Tax Map 92, Parcel 60 is determined to be a parcel of record with five (5) development rights. Deed Book 2425, page 548 contains a Certification of the State Corporation Commission signed on January 30, 2003 that Westvaco Corporation is merged into Meadwestvaco Corporation. This transaction had no effect on the development rights of the parcel. Tax Map 93, Parcel 47C3 Our records indicate Tax Map 93, Parcel 47C3 contains 0.830 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2425, page 548. The most recent instrument for this property recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 577, page 599 and is dated July 21, 1975. The deed conveyed 0.830 acres from Elizabeth B. Sweeney and Stephen O. Sweeney to Westvaco Corp. The property is described according to a plat by Paul Saunders, C.L.S., dated July 5, 1975. The plat shows a strip of land approximately 50 feet wide containing a proposed road connecting Westvaco land with State Route 729. The zoning ordinance in effect at that time, adopted on December 22, 1969, required a minimum lot area of two acres for single family dwellings; therefore, this strip could not have been created as a lawful building lot. Rather, this parcel was created as a special lot, for the express sole purpose of access. This lot is in a class with well lots, cemetery lots and other special use lots created for a specific limited purpose. It is determined that this 0.83 acre parcel is not a lot of record as provided in Sections 10.3 and 10.3.1 of the Zoning Ordinance. As used in those sections, it is reasonably implied that a lot of record must be one that was established as a building lot. Thus, it is determined that the 0.83 acre tract, established for access purposes only, does not have a development right. On the basis of this deed Tax Map 93, Parcel 47C3 is determined to contain zero development rights. This plat was not approved by the County. Deed Book 2425, page 548 contains a Certification of the State Corporation Commission dated Signed on January 30, 2003 that Westvaco Corporation is merged into Meadwestvaco Corporation. This transaction had no effect on the development rights of the parcel. I:\DEPn6CZS\Determin of Parcel\2006\92-6 93-47C3 104-14B+18 115-42+48A 116-1 WVP&P LOD 2006-010.doc J. Mathew Hall �_ J June 12, 2006 Page 3 Tax Map 104, Parcel 14B Our records indicate Tax Map 104, Parcel 14B contains 57.092 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2425, page 548. This analysis begins with the deed of record in Deed Book 353, page 58 that is dated September 28, 1959. The deed conveyed 142 acres from Leroy W. Snow and Viola D. Snow to Wilson K. Doyle. The property is described as being that shown on the attached plat except a parcel of 5.051 acres. The plat notes the parcel contains 147.8 acres. Deed Book 373, page 243, dated October 10, 1961, conveyed 142 acres from Wilson K. Doyle to William A. Moomaw. The property is described as being the major part of the land described on a plat in Deed Book 353, page 59. Deed Book 618, page 229, dated April 20, 1977, conveyed 32.072 acres from Mary Virginia Doggett and Wayland A. Doggett, Jr. (Heirs of William A. Moomaw) to Donald R. Johnson and Dianna I. Johnson. This parcel is designated as 1483 on Tax Map 104. This parcel established the western boundary of Parcel 14B. The most recent instrument for this property recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 641, page 475 and is dated February 7, 1978. This deed conveyed 15.986 acres from Raymond L. Spradlin and Wilma H. Spradlin to Haden E. Scruggs, Jr. The property is shown on a plat by R. O. Snow dated August 23, 1977. The creation of this parcel, now shown as Parcel 23 on Tax Map 104 established the residue of the original 142 -acre parcel, Tax Map 104, Parcel 14B, as a parcel of record with five (5) development rights. That residue is now designated as parcel 14B on Tax Map 104. It was later shown to contain 57.092 acres. The entire 142 -acre parcel, described above, is accounted for as follows. Parcels 21, 22, 23, 24, 25, 26, 27 are all contained within the 48.179 -acre parcel of record in Deed Book 629, page 185. Parcel 14A is shown on a plat recorded in Deed Book 563; page 605. Parcels 14131 and 14 B2 are shown on a plat recorded in Deed Book 581, page 255. Deed Book 730, page 136, dated November 6, 1981, conveyed 57.092 acres from Mary Virginia M. Doggett and Wayland A. Doggett, Jr. to Westvaco Corporation. The property is shown on a plat by R. O. Snow & R. W. Ray, Inc. dated October 23, 1981. The property is, further described as being a portion of property conveyed to William A. Moomaw by a deed of record in Deed Book 373, page 243. This transaction had no effect on the development rights of the parcel. Deed Book 2425, page 548 contains a Certification of the State Corporation Commission dated Signed on January 30, 2003 that Westvaco Corporation is merged I:\DEPl1BCZS\Determ1n of Parcel\2006\92-6 93-47C3 104-14B+18 115-42+48A 116-1 WVP&P LOD 2006-010.doc J. Mathew Hall June 12, 2006 Page 4 into Meadwestvaco Corporation. This transaction had no effect on the development rights of the parcel. Tax Map 104, Parcel 18 Our records indicate Tax Map 104, Parcel 18 contains 6 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2425, page 548. The most recent instrument for this property recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is a Certificate of Plat recorded in Deed Book 670, page 432 and is dated November 2, 1978. The plat by Robert L. Lum shows a 6.000 -acre parcel designated as Tax Map 104, Parcel 18 in the name of the Edward L. Jones Estate. The certificate further describes the lot as being the same as was conveyed by the deed of record in Deed Book 304, page 184. On the basis of this deed Tax Map 104, Parcel 18 is determined to be a parcel of record with three (3) development rights. . Deed Book 1829, page 132, dated June 1, 1999, conveyed 6.000 acres from Marjorie W. Jones to Westvaco Corporation. The property is described as that shown on°a plat by Robert L. Lum, dated November 2, 1978, recorded in Deed Book 670, page 433. This transaction had no effect on the development rights of the parcel. Deed Book 2425, page 548 contains a Certification of the State Corporation Commission dated Signed on January 30, 2003 that Westvaco Corporation is merged into Meadwestvaco Corporation. This transaction had no effect on the development rights of the parcel. Tax Map 115, Parcel 42 Our records indicate Tax Map 115, Parcel 42 contains 80.250 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 399, page 595. The most recent instrument for this property recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 399, page 595 and is dated July 17, 1964. The deed conveyed 80.25 acres from J. B. Armistead and Maude B. Armistead to West Virginia Pulp and Paper Company. The property is described according to a plat by Carroll Gillispie, dated June 30, 1964. On the basis of this deed Tax Map 115, Parcel 42 is determined to be a parcel of record with five (5) development rights. Deed Book 2425, page 548 contains a Certification of the State Corporation into Meadwestvaco Corporation. This transaction had no effect on the development rights of the parcel. I:\DEPT\BCZS\Determin of Parcel\2006\92-6 93-47C3 104-14B+18 115-42+48A 116-1 WVP&P LOD 2006-010.doc J. Mathew Hall `\JJ June 12, 2006 Page 5 Tax Map 115, Parcel 48A Our records indicate Tax Map 115, Parcel 48A contains 19.208 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 407, page 400. The most recent instrument for this property recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 407, page 400 and is dated May 17, 1965. The deed conveyed 19.4 acres from Phillip L. Pugh and Jacqueline G. Pugh to West Virginia Pulp and Paper Company. The property is described according to a plat by Carroll Gillispie, dated April 20, 1965. The discrepancy between the acreage carried by the County (19.208) and the acreage shown on the Gillispie plat (19.4) is not explained. On the basis of this deed Tax Map 115, Parcel 48A is determined to be a parcel of record with five (5) development rights. Deed Book 2425, page 548 contains a Certification of the State Corporation Commission dated Signed on January 30, 2003 that Westvaco Corporation is merged into Meadwestvaco Corporation. This transaction had no effect on the development rights of the parcel. Tax Map 116, Parcel 1 Our records indicate Tax Map 116, Parcel 1 contains 200.334 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2425, page 548. This analysis begins with the deed in Deed Book 324, page 2 that is dated May 11, 1956. This deed conveyed 216 acres from George Gilmer, Commissioner to Continental Timber Lands Corporation. The property is described as being shown on Tax Map 116, Parcel 1 and by reference to Deed Book 121, page 29. This deed established this 216 -acre parcel as a Parcel of Record. Deed Book 645, page 418, dated April 18, 1978, conveyed 0.852 acres from The Continental Group to John W. Gibbs, Jr. and Inger V. Rice. The property is shown on a plat by B. Aubrey Huffman and Associates, dated March 2, 1978. The plat notes that Parcel X is to be added to and become a part of the John W. Gibbs, Jr. and Inger V. Rice property. It is described as being a portion of the land conveyed to the Grantor by the deed of record in Deed Book 324, page 2. This transaction had no effect on the parcel apart from reducing its size. The most recent instrument for this property recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 682, page 504 and is dated August 22, 1979. The deed conveyed 2 strips of land from Continental Group, Inc. to th.e-C.ommon--wealth-of-V-ir-ginia=for-improve ments to-Route-7-29—Speci-al-P-I-at #1 -shows - 1.439 acres acquired by the Grantor by the deed of record in Deed Book 324, page 2. Special Plat #2 shows 1.150 acres acquired by the Grantor by the deed of record in I:\DEPT\BCZS\Determin of Parcel\2006\92-6 93-47C3 104-14B+18 115-42+48A 116-1 WVP&P LOD 2006-010.doc J. Mathew Hall June 12, 2006 Page 6 Deed Book 374, page 417. On the basis of this deed Tax Map 116, Parcel 1 is determined to be a parcel of record with five (5) development rights. Deed Book 734, page 258, dated January 1, 1982, conveyed many parcels from The Continental Group, Inc. (formerly Continental Can Company, Inc. to Continental Woodlands, Inc. Among the parcels conveyed by this deed was Tax Map 116, Parcel 1 designated as #112-130 and by reference to Deed Book 324, page 2. This transaction had no effect on the parcel. Deed Book 776, page 409, dated May 10, 1983, conveyed 200.334 acres from Continental Hopewell Woodlands to Westvaco Corporation. The property is described according to a plat by Carroll Gillispie, dated May 3, 4, 1957 and February 3, 5, 1958, containing 202.625 acres less and except the following: 0.852 acres off -conveyed by the deed 'of record in Deed Book 645, page 418. 2. 1.439 acres off -conveyed by the deed of record in Deed Book 682, page 504. It is further described as being a portion of the same property conveyed to Continental Hopewell Woodlands by the deed of record in Deed Book 734, page 258. It is thought to be an oversight that this deed does not reference the 1.150 -acre strip that was also conveyed by Deed Book 682, page 504. This transaction had no effect on the development rights of the parcel. Deed Book 2425, page 548 contains a Certification of the State Corporation Commission dated Signed on January 30, 2003 that Westvaco Corporation is merged into Meadwestvaco Corporation. This transaction had no effect on the development rights of the parcel. 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. Y-ou-have-also-requested-a-deter-mination-of-deve lop ment-rights for T --ax M-ap 1-0,e Parcel 8. Additional information, specified in a letter to you dated may 30, 2006, necessary to complete that analysis. I:\DEMBUS\Determin of Parcel\2006\92-6 93-47C3 104-14B+18 115-42+48A 116-1 WVP&P LOD 2006-010.doc is J. Mathew Hall June 12, 2006 Page 7 If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor I:\DEPT\BCZS\Determin of Parcel\2006\92-6 93-4703 104-14B+18 115-42+48A 116-1 wVP&P LOD 2006-010.doc