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Home My WebLink AboutLOD200600038 Letter of Determination 2014-03-211 of At C a$ �'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 March 1, 2007 Margaret Coles Anderson Coles -Anderson LLC P.O. Box 701 Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 101, Parcel 60 Samuel Miller Magisterial District (Property of Coles Anderson LLC) Section 10.3.1 Dear Ms. Anderson: 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 101, Parcel 60 contains five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map101, Parcel 60 contains 247.780 acres and zero dwellings. The property is located in the Samuel Miller 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 3257, page 672. This analysis begins with the deed of record in Deed Book 368, page 61 that is dated May 11, 1961-. This deed conveyed 3 parcels from Mary Bowen Hjorth and John T. Hjorth to Mariska Owsley.' Parcel A, the subject of this determination is described as containing 254.28 acres and is shown on a plat by O. R. Randolph, dated March 30, 1961. This deed established the 254.28 -acre property as a parcel of record. Deed Book 368, page 77, dated May 11, 1961, conveyed 254.36 acres from Mariska Owsley to Robert Coles. The parcel is described as Parcel.A on the plat by O. R. Randolph, dated March 30, 1961. This deed had no effect on the status of the parcel. The most recent deed for the parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 378, page 473 and is dated May 4 11 -962.—T -his -deed -conveyed 2-parte+s-from-Rober-t Coles -and -Doris -R --Coles to - - Legh R. Walker. The parcels are described as follows: I:\DEPT\BCZS\Determin of Parcel\2007\101-60 Coles -Anderson ACE LOD 2006-36.doc Margaret Coles Anderson March 1, 2007 Page 2 a. A small parcel containing 0.42 acres described as being all of Parcel "A" which lies on the Northeast side of Route 708. b. A small tract containing 1 Y2 acres in the northern corner of Parcel "A" described as being all of Parcel A that lies on the northwest side of Route 717. (Note that an additional 8.05 -acre portion of Parcel "A" also is situated on the north side of Route 708.) On the basis of this deed the parcel, calculated to contain 252.36 acres is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 1575, page 95, dated November 4, 1996, conveyed 252.36 acres from Robert Coles and Doris Coles to John Meares Allen, Trustee for Roberts Coles, Jr. John Coles, Margaret Coles Anderson, Edward J. Coles, Caroline Coles Merrick Randolph V. Merrick. The property is described by reference to Deed Book 368, page 77 and Deed Book 378, page 473. This transaction had no effect on the acreage or the development rights of Tax Map 101, Parcel 60. Deed Book 2046, page 431, dated June 1, 2001, conveyed 2 parcels from John Coles, Julie Evans Coles, Margaret Coles Anderson, William Joseph Anderson, Caroline Coles Merrick, Randolph V. Merrick, Ann W. Coles and William Lee Anderson, Trustee for Roberts Coles to Ronald L. Marcus. The parcels contained 4.00 acres and 4.58 acres respectively and are shown on a plat by Roger W. Ray & Assoc. dated May 7, 2001. The 4.58 -acre parcel is the portion of Parcel A shown on the plat recorded with Deed Book 368, page 61 that is located on the north side of Route 717. In June of 2001 this 4.58 -acre parcel was treated as a parcel of record because it was separated from the rest of Parcel 60 by Route 717. This interpretation was based on the Sanford vs. the Albemarle County Board of Zoning Appeals case. Therefore this 4.58 -acre parcel did not consume a development right. As a result of this transaction, Tax Map 101, Parcel 60 contained 247.780 acres and retained 5 development rights. Deed Book 2783, page 1, dated June 21, 2004, conveyed the undivided 20 % interest in 6 parcels from Anne Willis Coles to John Coles. Among these parcels was Parcel One, identified as TMP 101-60 and described as containing 247.780 acres. It is further described as being the same parcel conveyed by. the deed of record in Deed Book 1575, page 95. This transaction had no effect on the acreage or development rights of Tax Map 101, Parcel 60. Deed Book 2899, page 459, dated December 29, 2004, conveyed the undivided 19.5 % interest in 6 parcels from William L. Anderson, Successor Trustee, for the benefit of Roberts Coles, Jr., to Coles Valley, LLC. Among these parcels was Parcel One, identified as TMP 101-60 and described as containing 247.780 acres. It is further described as being a portion of the same parcel conveyed by the deed of record in Deed Book 2873, page 1. (it is assumed this should be Deed Book 2783) This transaction had no effect on the acreage or development rights of Tax Map 101, Parcel 60. I:\DEPT\BCZS\Determin of Parcel 2007\101-60 Coles -Anderson ACE LOD 2006-36.doc Margaret Coles Andersoh_ % - March 1, 2007 Page 3 Deed Book 2974, page 392, dated May 2, 2005, conveyed the interest in 6 parcels from Caroline Coles Merrick to John Coles. Among these parcels was Parcel One, identified as TMP 101-60 and described as containing 247.780 acres. It is further described as being a portion of the same parcel conveyed by the deed of record in Deed Book 1575, page 95. This transaction had no effect on the acreage or development rights of Tax Map 101, Parcel 60. Deed Book 3010, page 637, dated June 27, 2005, conveyed the 60% interest in 6 parcels and the 100% interest in the 7th parcel from John Coles to Eppes Creek LLC. Among these parcels was Parcel One, identified as TMP 101-60 and described as containing 247.780 acres. It is further described as being a portion of the same parcel conveyed by the deed of record in Deed Book 1575, page 95. This transaction had no effect on the acreage or development rights of Tax Map 101, Parcel 60. Deed Book 3107, page 119, dated November 16, 2005, contains a Deed of Partition between Coles Valley LLC, Eppes Creek LLC, William L. Anderson, Successor Trustee for the benefit of Roberts Cole, Jr. jointly and severally known as Grantor conveyed their respective interests in 6 parcels to Margaret Douglas Coles Anderson. Among these parcels was Parcel One, identified as TMP 101-60 and described as being the same as that conveyed by the deed of record in Deed Book 1575, page 95. This transaction had no effect on the acreage or development rights of Tax Map 101, Parcel 60. Deed Book 3107, page 130, dated November 16, 2005, contains a Deed of Partition between Margaret Douglas Coles Anderson and Coles Valley LLC, Eppes Creek LLC, & William L. Anderson, Successor Trustee for the benefit of Roberts Cole, Jr. In which their respective interests in 6 parcels were conveyed among the parties. The parcels included Parcel 1, described as being the same as that described in Deed Book 1575, page 95. This transaction had no effect on the acreage or development rights of Tax Map 101, Parcel 60. Deed Book 3257, page 672, dated July 26, 2006, contains a Quitclaim Deed of Contribution in which Margaret Douglas Coles Anderson conveyed her interest in TMP 101-60 described as being the same as that.conveyed by the deed of record in. Deed Book 1575, page 95 to Coles -Anderson LLC. This transaction had no effect on the acreage or development rights of Tax Map 101, Parcel 60. The 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. . I:\DEPT\BCZS\Determin of Parcel 2007\101-60 Coles -Anderson ACE LOD 2006-36.doc q . n Margaret Coles Anderson- March 1, 2007 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, 144-4�1 John Shepherd Manager of Zoning Administration Copy: McChesney Goodal, ACE Program Coordinator Gay Carver, Real Estate Supervisor I:\DEPT\BCZS\Determin of Parcel\2007\1 01 -60 Coles -Anderson ACE LOD 2006-36.doc 1 � j 0L OF RECORD/DIVISION RIGHTS REQUEST FOR DETERMINATION PARE FILE #: 2-0,6 2 ADMIN (WAIVED) NON -ADMIN , DATE: i 8� far Parcel of Record Division Rights OWNER: Name:c2�-1�5da1� Farre lay-t�ers�iiu L A Address: 9 //C> �ro��fi d� //1' D r /�h a ons 1/,4a 17,27 Phone: APPLICANT: Name: a r 12sd ale- Far- c I�� `t�� 5 %,� P Address: 1y0 Cres*�rio�t 17r-,a�,sn�/ ��1 aa�a7 Phone: SY-0 - 9,VX - -Y 7d, I CONTACT PERSON: Name: —,76,h D - &5 d k I t!E!- Address: >//D CresT-5r,an-L D 114Ad-IL ON Vi- 22797 Phone: L!5--4/ LJ - q`/S' - 217 6, / TAX MAP: , PARCEL(S): io d o c' - o e o o o 3'f o o ZONED: LOCATION: ACREAGE: L-2. 010 (TOTAL) (EACH PARCEL) NUMBER OF PARCELS: 131_ -1.ul 9 1. Tax Map page. 2. Last instrument of record (plat and/or deed) in the Clerk's Office of the Circuit Court of Albemarle County,. Virginia on or prior to December. 10, 1980. (Highlight or underline references to the subject property). 3. All plats and/or deeds of record after December. 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). 4. Any other pertinent information. 5. Cover letter stating the assumed number .of parcels, with explanation of same. - - I certifythat to-the-be-st of-my-information,_belief_and-professionaLopinion_, =these attachn plats and deeds from the lerk's Office, as required under "submittal requirements." Signature -aG - 04, Date