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Home My WebLink AboutLOD200600034 Letter of Determination 2014-03-17 (2)i GF qL �4 4� 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 December 28, 2006 Michael A. Dowell, Executor P.O. Box 487 Keswick, VA 22947-0487 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 50, Parcel 45 in the Rivanna Magisterial District (Property of Michael A. Dowell and Lois D. Coleman) Section 10.3.1 Dear Mr. Dowell: 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 50, Parcel 45 is a single parcel containing five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 50, Parcel 45 contains 329.92 acres and 2 dwellings. The property is located in the Rivanna 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 824, page 238. The most recent deed for the parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 662, page 111 and is dated December 29, 1978. This deed conveyed 496.25 acres from Elizabeth G. Knight and John S. Knight to Louis Dowell, Bennie Dowell and William Dowell. The property was conveyed as two parcels, Tax Map 50, Parcel 45 and Parcel 3. Parcel 45 is described as containing 330.64 acres and as being the residue of a 332.25 -acre parcel shown on a plat of record in Deed Book 115, page 389. Parcel 3 is not a subject of this determination. On the basis of this deed the 330.64 -acre parcel is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 824, page 235, dated December 17, 1984, conveyed 0.72 acres from W. E. Dowell & Doris J. Dowell, Lewis A. Dowell & Hope Dowell and Bennie B. Dowell to Virginia Electric and Power Company. The property is identified as Parcel B, is shown on a plat attached to the deed. The deed also conveyed an access easement containing 1.29 acres. No development rights were conveyed by this transaction. C:\Documents and Settings\jshepher\My Documents\! TEMP. DOCUMENTS\50-45 Dowell ACE LOD 2006-34.doc Michael A. Dowell December 28, 2006 Page 2 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. 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: McChesney Goodall, ACE Program Coordinator Gay Carver, Real Estate Supervisor C:\Documents and Settings\jshepher\My Documents\! TEMP. DOCUMENTS\50-45 Dowell ACE LOD 2006-34.doc Address: - -- Phone: CONTACT PERSON: Name: Michael A. Dowell, Executor Address: P • 0. . Box 487, Keswick VA 22947-0487 Phone: 540-832-0448. TAX MAp: 05000 PARCEL(S): 00-00-04500 ZONED: agriculture LOCATION: State Route 231 near Cismont ACREAGE: 329.92 i (TOTAL) 329.92 ' (EACH PARCEL) NUMBER OF PARCELS. SUBAIITTAL REQUIREMENTS: 1. Tax Map page. 2. Last instrument of record (plat and/or deed) in the Cleric'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). N 4. Any other pertinent information. 5. Cover letter stating the assumed number of parcels, with explanation of same. I certify that to the best of my information, belief and professional opinion, these attachments include all pertinent plats and deeds from the Clerk's Office, as required under "submittal requirements." Signature SHACKELFORD, THOMAS & GREGG, P. L. C. ATTORNEYS AND COUNSELLORS AT LAW 149 W MAIN STREET P. O. BOX 871 V R. SHACKELFORD, III ORANGE, VIRGINIA 22960-0522 FRAM{ A. THOMAS, III ORANGE 540-672-2711 SEAN D. GREGG LOCUST GROVE 540 • 972-1819 FACSIMILE 540.672-2714 E-MAIL: St9last9valaw.Com October 31, 2006 County of Albemarle By Hand Department of Planning and Community Development 401 McIntyre Road, Room 218 Charlottesville, VA 22902-4596 147 WEST DAvIs STREET P. O. BOX 1002 CULPEPER, VIRGINIA 22701 540.825-0305 FACSIMILE 540.825-8583 E-MAIL:stg2(@stgvalaw.com Re: Acquisition of Conservation Easements Program - Strawberry Hill Farm Ladies and Gentlemen: On behalf of the owners of Strawberry Hill Farm, I am enclosing with this letter an Application Form for the Acquisition of Conservation Easement with respect to Strawberry Hill Farm, Albemarle County Tax Map Parcel No. 05000-00-00-04500. Set forth below is some information that will assist you in your review of this application. While the property has been in the Dowell family for a'number of years. it has been owned in the following proportions •since 1997 by W. E. Dowell (undivided 6/9th interest), his son, Michael A. Dowell (undivided 2/91h, interest), and two nephews of W. E. Dowell, 11. Edmunds Coleman and Gordon Coleman (undivided 1/1 8'h interest each). W. E. Dowell died on April 1-8, 2006. We have submitted income tax returns for hien for 2005, 2004, and 2003, as we have for all the other owners of the property. You will notice several copies of the application form in the filing. The application form has been signed in counterparts by the various owners. We have submitted each of the copies on which an original signature appears for purposes of the application. Any questions you have regarding this application or the information submitted with it should be directed to the undersigned. Thank you very much for your consideration in this matter. Sincerely, Frank A. homas, III FT:ck Enclosures cc: Michael A. Dowell \\Carolyn's Documents\2006 letters\albemarle re dowell.doc OCT 31 230^0 COMNrry DEVELOPMENT