HomeMy WebLinkAboutLOD199900001 Letter of DeterminationJune 8, 1999
Marilyn Gale
Roudabush, Gale & Assoc.,lnc.
914 Monticello Road
Charlottesville, Virginia 22902
RE: Official Determination Of Parcels Of Record 1 Development Rights - Section 10.3.1
Tax Map 86, Parcel 13, 13A, 16C1, 22A, 25 and 26 (Property of Hightop, L P)
Tax Map 86, Parcel 16A (Property of Elizabeth P. Scott)
Tax Map 86, Parcel 22, 23, 23A (Property of Frederic W. Scott, Jr.)
Tax Map 87, Parcel 2 (Property of Frederic W. Scott, Jr.)
Tax Map 87, Parcel 3 (Property of Carpenter Place, L P)
Dear Ms. Gale:
The County Attorney and I have reviewed the title information you have submitted for the
above -noted properties. It is the County Attorney's advisory opinion and my official
determination, that these properties consist of the following separate parcels:
TMP 86 -13 Originally and now 140.4 acres (5 development rights)
TMP 86 -13A Originally and now 205.314 acres (5 development rights)
TMP 86 -16A Originally and now 1.59 acres (1 development right)
TMP 86 -16C1 Created in 1987 and now 42.005 acres (3 development rights)
TMP 86 -22 Originally 503.9 acres but by state route division and this
determination --.+
North of Rt. 696 ± 498.9acres* (5 development rights)
South of Rt. 696 ± 5 acres* (2 development rights)
TMP 86 -22A Never subdivided, Deeded as Life Estate only
(Remains part of parcel 22, north of Rt. 696)
This acreage is estimated. The actual number of development rights is dependent on surveyed acreage.
The number of hypothetical rights is calculated at the rate of 1 development right per 2 acres, with five
being the maximum number of development rights allowed.
Parcel Determination for TMP86 -13 Etc. Page 2 October 15, 2014
TMP 86 -23 Originally 597.7 acres but by state route division and this
Each of these lawfully separate parcels is entitled to the noted associated development
rights if all other applicable regulations can be met. These development rights are only
hypothetical in nature but do represent the maximum number of lots of less than 21 acres
allowed to be created by right. In addition to the development right lots, a "parent parcel"
may create as many parcels with a minimum of 21 acres as it has land to make. This
determination results in five more parcels than are shown with parcel numbers on the
County tax maps and six more development rights than noted in your request.
This determination considered the findings of Anne H. Sanford v. Albemarle CountyBoard
of Zoning Appeals in recognizing separate parcels created by Virginia Department of
Transportation's maintenance of roads with either prescriptive easements or fee simple
ownership. Parcels 22 and 23 on tax map 86 and parcel 2 on tax map 87 all qualified for
additional development rights under this consideration. Parcel 22A was described in
DB453/035 (December 1968) and conveyed as "an estate for life ", not as a division of land.
To have legally created this 4 acres as a parcel in 1968 would have required approval of a
subdivision under the County's subdivision ordinance. Therefore, it is not a "parcel of
record" and has no development rights under the zoning ordinance other than those
recognized for the parent parcel, 22. The County's real estate office assigned the parcel
number only so that the grantees could receive separate tax bills for their life estate.
* This acreage is estimated. The actual number of development rights is dependent on surveyed
acreage. The number of hypothetical rights is calculated at the rate of 1 development right per 2 acres,
with five being the maximum number of development rights allowed.
determination:
North of Rt. 696 ± 300acres* (5 development rights)
South of Rt. 696 ± 297.7 acres* (5 development rights)
TMP 86 -23A
Originally and now 2.6 acres (1 development right)
TMP 86 -25
Originally and now 125.01 acres (5 development rights)
TMP 86 -26
Originally and now 26.53 acres (5 development rights)
TMP 87 -2
Originally 185.9 acres, currently by County records 180 acres,
but by state route division and this determination:
North of Rt. 696 <2acres* (1 development right)
South of Rt. 696 ± 178 acres* (5 development rights)
TMP 87 -3
Originally By County records, 469.797 acres but
By this determination 350.897 acres (5 development rights)
and,
Former P24 Originally and by this determination 14.6 acres
(5 development rights)
Former P24B Originally and by this determination 104.3 acres
(5 development rights)
Each of these lawfully separate parcels is entitled to the noted associated development
rights if all other applicable regulations can be met. These development rights are only
hypothetical in nature but do represent the maximum number of lots of less than 21 acres
allowed to be created by right. In addition to the development right lots, a "parent parcel"
may create as many parcels with a minimum of 21 acres as it has land to make. This
determination results in five more parcels than are shown with parcel numbers on the
County tax maps and six more development rights than noted in your request.
This determination considered the findings of Anne H. Sanford v. Albemarle CountyBoard
of Zoning Appeals in recognizing separate parcels created by Virginia Department of
Transportation's maintenance of roads with either prescriptive easements or fee simple
ownership. Parcels 22 and 23 on tax map 86 and parcel 2 on tax map 87 all qualified for
additional development rights under this consideration. Parcel 22A was described in
DB453/035 (December 1968) and conveyed as "an estate for life ", not as a division of land.
To have legally created this 4 acres as a parcel in 1968 would have required approval of a
subdivision under the County's subdivision ordinance. Therefore, it is not a "parcel of
record" and has no development rights under the zoning ordinance other than those
recognized for the parent parcel, 22. The County's real estate office assigned the parcel
number only so that the grantees could receive separate tax bills for their life estate.
* This acreage is estimated. The actual number of development rights is dependent on surveyed
acreage. The number of hypothetical rights is calculated at the rate of 1 development right per 2 acres,
with five being the maximum number of development rights allowed.
Parcel Determination for TMP86 -13 Etc. Page 3 October 15, 2014
For tax map 87 parcel 3, the descriptive clauses of the deed, which delineated the property
as consisting of "four (4) adjoining tracts" and further enumerated the tracts as numbers 1
through 4, giving deed books and page numbers with the acreage for each separate tract,
were the determining factors. This original deed is from Deed Book 421, page 55 and is
dated August 1966 between National Bank and Trust Company, Executor under the will of
James S. Carpenter, and M. Y. Sutherland, Jr. This consideration is based on the findings
of the VA Supreme Court in the case, Faison v. Union Camp 224 VA 54. Three of these
tracts were carried by the County real estate records as separate parcels until 1985. The
fourth was divided off parcel 3 in 1979 and is not part of this determination.
The most recent deed for tax map 86 parcel 16C1 at the date of adoption of the Albemarle
County Zoning Ordinance is found in Deed Book 560, Page 411 when parcel 16C was
61.41 acres. The deed is dated July 3, 1974 from Constance A. Elliott and Richard D.
Anderson, Jr. as administrators of the Estate of Constance B. Anderson, to Richard D.
Anderson, Jr. Parcel 16C was then subdivided by surveyed plat in 1987 into two parcels,
16C of 23.628 acres and 16C1 of 42.005 acres, and recorded in DB 975/603.
The remaining parcels in this determination are all straightforward chain of titles which
were legally created prior to 1980 and have not been divided since. The following list notes
the deed or plat of record used for each individual finding:
Tax map 86 parcel 13 DB557/471
Tax map 86 parcel 13A DB557/471
Tax map 86 parcel 16A DB557/471
Tax map 86 parcel 23A DB453/035
Tax map 86 parcel 25 DB553/024
Tax map 86 parcel 26 DB553/024
If you are aggrieved by this determination, you have the right to appeal it within thirty
(30) 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. In order for an appeal to be considered complete, it shall
include a completed application and $95 fee. The date notice of this determination was
given is the same as the date of this letter. If you have any questions, please feel free
to contact me at your convenience.
Sincerely,
Janice D. Sprinkle
Deputy Zoning Administrator
Parcel Determination for TMP86 -13 Etc. Page 4 October 15, 2014
cc: Hightop, L P, 1801 Bundoran Dr., North Garden 22959
Elizabeth P. Scott, 1701 Bundoran Dr., North Garden 22959
Frederic W. Scott, Jr., Bundoran Farm, North Garden 22959
Carpenter Place, L P, 1701 Bundoran Dr., North Garden 22959
Dan Mahon, Planning Department
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
NOTE: Five (5) additional parcels; Eleven (11) by Tax Map, sixteen (16) by determination
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