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Home My WebLink AboutLOD200200020 Legacy Document 2014-10-15October 31, 2002 J.T. Henley, Jr. 1917 White Hall Road Crozet, VA 22932 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 6, Parcels 15 & 17 (Property of Henley Forest Inc.) Section 10.3.1 Dear Mr. Henley: 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 6, Parcel 15 is a parcel of record with five (5) development rights. Tax Map 6, Parcel 17 is comprised of three separate parcels of record. Each of these three parcels has five (5) development rights. The basis for this determination is summarized as follows. Our records indicate Tax Map 6, Parcel 15 contains 296.37 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1114, page 507. The most recent plat for the property is recorded in the same book on page 511. Our records indicate Tax Map 6, Parcel 17 contains 186.63 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1114, page 507. The most recent plat for the property is recorded in the same book on page 511. Deed Book 611, page 365, dated December 28, 1976 conveyed five parcels from Joseph T. Henley, Jr. & Joan H. Henley as individual Grantors and Joan H. Henley as Trustee of Blue Ridge Mountains Land Trust to Henley Forest Inc. Parcel Two and Parcel Five are the subjects of this determination and are described in the deed as follows: PARCEL TWO: [Tax Map 6, Parcel 17] All those certain tracts or parcels of land together with all improvements thereon and appurtenances thereto belonging situate in the White Hall Magisterial District of Albemarle County, Virginia, in C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15475.doc J.T. Henley, Jr. October 31, 2002 Page 2 Blackwell's Hollow, containing 172 acres, being the same property described in the following deeds to Burton (or Britley) McAllister of record in said Clerk's Office in Deed Book 120, at page 440, Deed Book134, at page 279 and Deed Book 137, at page 48, less about 20 acres that was conveyed off by a deed of record in said Clerk's Office in Deed Book 167, at page 81, BEING the same property in all respects as was conveyed to Joseph T. Henley, Jr. and Joan H. Henley by deed of Jack N. Kegley and D. B. Marshall, Special Commissioners, by deed dated July 17, 1964, of record in said Clerk's Office in Deed Book 339, at page 468. • Deed Book 120, page 440, dated March 8, 1901 describes 97 1/2 acres • Deed Book 134, page 279, dated November 21, 1906 describes 71.25 acres. • Deed Book 137, page 48, dated May 25, 1907 describes 24'/2 acres. • Deed Book 167, page 81, dated June 5, 1917 describes 20.1 acres that was divided from the 97 1/2 acres referenced above. • Deed Book 399, page 468, dated July 17, 1964 conveyed 172 acres described as being the same land as was conveyed by the four above referenced deeds. On the basis of the description in Deed Book 611, page 365 and a review of the prior deeds referenced above it is determined that the 172 acre portion of Parcel 17 is comprised of three separate parcels of record as provided in Section 10.3 of the zoning ordinance. The approximate locations of these parcels are indicated on the attached sketch. PARCEL FIVE: [Tax Map 6, Parcel 15] All that certain tract or parcel of land, with improvements thereon and appurtenances thereto belonging, containing 310 acres, more or less, situate on the Blue Ridge Mountains in the White Hall Magisterial District of Albemarle County, Virginia, about 3 miles east of Brown's Gap...., BEING the same land in all respects as was conveyed to Joan H. Henley as Trustee of Blue Ridge Mountains Land Trust.... By deed dated October 11, 1974 and recorded in Deed Book 563, at page 149. Deed Book 636, page 541, dated November 17, 1977 conveyed a permanent access easement from State Route 810 to the properties of Henley Forest. This transaction had no effect on the development rights associated with the parcels. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15475.doc J.T. Henley, Jr. October 31, 2002 Page 3 The most recent instrument for Parcel 15 recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 665, page 94. This is a certificate of plat that was recorded on February 14, 1979. The plat by William S. Roudabush is titled "Partial Survey of Tax Map Parcel 6 — 15." On the basis of this plat, Tax Map 6, Parcel 15 is determined to be a parcel of record as provided in Section 10.3 of the zoning ordinance. Deed Book 1114, page 507, dated July 17, 1990, is a deed of exchange between Henley Forest, Inc. and Robert M. Byrom and Patricia A. Byrom. The plat recorded with the deed by Roudabush, Gale and Assoc., dated May 24, 1990 and approved on June 9, 1990 has a note stating that the rights of division are not affected by this plat. The resulting acreage of Parcel 15 is 296.37 acres. The resulting acreage of Parcel 17 is 186.63 acres. No development rights were conveyed with the tracts that were exchanged on this plat. County records indicate there have been no off -conveyances since this transaction. Based on this history, each of these four parcels is determined to contain five (5) development rights if all other applicable regulations can be met. 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, as many parcels containing a minimum of twenty-one acres may be created from the four parcels as they will allow, if all other applicable regulations can be met. A chart showing the development potential of these parcels is enclosed. 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 Copies: Gay Carver, Real Estate Department, Ella Washington -Carey, Clerk to the Board of Supervisors Ches Goodall, Acquisition of Conservation Easements Program Coordinator C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15475.doc J.T. Henley, Jr. October 31, 2002 Page 4 DEVELOPMENT POTENTIAL OF PARCELS 15 AND 17 ON TAX MAP 6 PARCEL ACREAGE DEVELOPMENT RIGHT LOTS 2 ACRE MIN. DIVISION RIGHT LOTS 21 ACRE MIN. TOTAL POTENTIAL PARCELS 15 296.37 5 13 18 17 #1 84.88 71.25 + 13.63 5* 3 8 17 #2 24.5 5 0 5 17 (#3) 77.5 5 3 8 ALL PARCELS 20 19 39 * Each development right lot must contain at least two acres from the 71.25 acre portion of Parcel 17 (#1) C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15475.doc