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Home My WebLink AboutLOD200800015 Letter of Determination 2014-03-25- o IRG1 X COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 October 16, 2008 Donna R. DeLoria, Esq. Payne & Hodous, LLP 414 E. Jefferson Street Charlottesville, VA 22902 Fax(434)972-4126 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 123, Parcels 4 & 7 Scottsville Magisterial District (Property of Murcielago, LLC) Section 10.3.1 Dear Ms. DeLoria: The County Attorney and I have reviewed the title information and the analysis you have provided for the above -noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 123, Parcel 4 is a single parcel with two (2) theoretical development rights; one is associated with the original 1 -acre Moss Parcel and the other is associated with the 5 -acre tract that was added to the Moss Tract. Tax Map 123, Parcel 7 is comprised of four separate parcels; the first contains 296.1 acres and contains three (3) theoretical development rights, the second contains 1.5 acres and contains one (1) theoretical development right, the third contains 118.5 acres and contains five (5) theoretical development rights, the fourth contains 1 acre and contains one (1) theoretical development right. The locations of these parcels are shown on the enclosed sketch. The basis for this determination follows. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\123 - 4 & 7 Murcielago LOD 2008-15.doc Parcel Acreage 2008 Tax Map Parcel Source DB/p Dev. Rights 1 Brockenbrough Parcel 296.1 T.M. 123-7 191/109 (287 ac 3 2 Long Parcel 1.5 T.M. 123 — 7 175/303 1 3 Geyer Parcel 118.5 T.M. 123 — 7 180/531 5 4 Commissioner Parcel 1 T.M. 123 — 7 163/297 1 Total 10 5 Moss Parcel plus portion of Parcel 7 1 5 T.M. 123-4 (portion) T.M. 123 — 4 (portion) 318/59 1167/747 1 1 Total 2 The basis for this determination follows. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\123 - 4 & 7 Murcielago LOD 2008-15.doc Donna R. Deloria, Esq. October 16, 2008 Page 2 Tax Map123, Parcel 7 Our records indicate Tax Map 123, Parcel 7 contains 422.6 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2684, page 336. I concur with the analysis provided by Donna DeLoria, Esq. that T.M. 123-7 contains four separate parcels with a total of 10 theoretical development rights. I summarize that analysis as follows. The locations of these parcels are shown on the composite sketch attached to this determination. The 287 -acre tract referred to as the Brockenbrough Parcel was established as a parcel of record by Deed Book 191, page 109. The 1.5 -acre tract referred to as the Long Parcel was established as a parcel of record by Deed Book 175, page 303. The 118.5 - acre tract referred to as the Geyer Parcel was established as a parcel of record by Deed Book 196, page 93. The 1 -acre tract referred to as the Commissioner Parcel was established as a parcel of record by Deed Book 163, page 297. The most recent instrument for T.M. 123 - 7 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded Deed Book 374, page 417. This deed, dated December 18, 1961 conveyed several tracts from Barnes Lumber Corporation to Continental Can Company. Among them was Parcel A-2, referred to as Holly Hill and described as consisting of 430.7 acres and formerly described as three parcels of 305.7 acres, 118.5 acres and 1 acre respectively. Note that the 1.5 -acre tract known as the Long Parcel is within the bounds of the 305.7 -acre Brockenbrough Parcel. The tract was further described as being the same property conveyed to Barnes Lumber Corporation by the deed of record in Deed Book 324, page 529. The separate identities of the four parcels are maintained through the chain of title described in Ms. Deloria's analysis. As a result of this deed, effective December 10, 1980, T.M. 123 — 7 is determined to be comprised of four separate parcels with the theoretical development rights as shown below. Parcel Acreage 1979 TM/ P Development rights Brockenbrough 304.2 123-7 5 Long 1.5 123-7 1 Geyer 118.5 123-7 5 Commissioner 1 123-7 1 Total 425.2 1 12 Deed Book 1167, page 747, dated July 11, 1991 conveyed 5 acres from Bear Island Timberlands Company to Eugene A. Harris and Beverly W. Harris. The property is shown on a plat by Robert Lum, dated April 25, 1991. The property is a portion of T.M. 123-7 referred to herein as the Brockenbrough Parcel that is added to T.M. 123-4 referred to herein as the Moss Parcel. The plat conveyed one development right with the 5 -acre tract. The plat also noted that the residue of Parcel 7 contained 425.7 +/- I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2008\123 - 4 & 7 Murcielago LOD 2008-15.doc Donna R. Deloria, Esq. October 16, 2008 Page 3 acres. As a result of this transaction, the Brockenbrough Parcel contained four development rights and 299.2 acres. Deed Book 1254, page 466, dated August 24, 1994 conveyed 3.1 acres from Bear Island Timberlands Company to Paul E. Harris and Virginia E. Harris. The property is shown on a plat by Robert Lum, dated May 19, 1992. The property is a portion of T.M. 123-7 referred to herein as the Brockenbrough Parcel. The plat conveyed one development right with the 3.1 -acre tract. The plat also noted that the residue of Parcel 7 contained 422.6 +/- acres. As a result of this transaction, the Brockenbrough Parcel contained three development rights and 296.1 acres. T.M. 123-4 contained 2 development rights and 6 acres. Parcel Acreage 1979 TM/ P Development rights Brockenbrough 296.1 123-7 3 Long 1.5 123-7 1 Geyer 118.5 123-7 5 Commissioner 1 123-7 1 Total 1417.1 10 Deed Book 2684, page 336, dated January 29, 2004, conveyed 430.7 acres from Mount Ida, LLC to Murcielago, LLC. The property is described as three parcels of 305.7 acres, 118.5 acres and 1 acre described by reference to the plat of record in Deed Book 374, page 423, less and except 5 acres conveyed by the deed of record in Deed Book 1167, page 747 and 3.1 acres conveyed by the deed of record in Deed Book 1254, page 466. The separate identity of the four parcels and the 10 development rights described above are maintained through the chain of title described in Ms. Deloria's analysis. Tax Map123, Parcel 4 Our records indicate Tax Map 123, Parcel 4 contains 6.112 acres and 1 dwelling: The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2473, page 5. . concur with the analysis provided by Donna DeLoria, Esq. that Tax Map 123, Parcel 4 is a single parcel with 2 theoretical development rights. I summarize that analysis as follows. The 1 -acre tract referred to as the Moss Parcel was established as a parcel of record by Deed Book 318, page 59. The most recent instrument for the T.M. 123 - 4 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 454, page 279. This deed, dated January 27, 1969 conveyed 1 acre from Howard W. Harris and Lorraine B. Harris to Eugene A. Harris and Beverly W. Harris. The parcel is described by reference to the plat of record in Deed Book 318, page 59. On the basis of this deed, effective I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\123 - 4 & 7 Murcielago LOD 2008-15.doc Donna R. Deloria, Esq. October 16, 2008 Page 4 December 10, 1980, T.M. 123 — 4 is determined to be a parcel of record with one theoretical development right. Deed Book 1167, page 747, dated July 11, 1991 is described above. It conveyed 5 acres from Bear Island Timberlands Company to Eugene A. Harris and Beverly W. Harris. As a result of this transaction T.M. 123-4 is a single parcel with 2 development rights; one associated with the 1 -acre Moss Parcel and one associated with the 5 -acre Brockenbbrough portion of T.M. 123-7 that was added to the Moss Parcel. Deed Book 2473, page 1, dated March 6, 2003, conveyed T.M. 123-4 from Eugene A. Harris and Beverly W. Harris to James B. Murray, Jr. The deed contains a physical survey by Robert Lum showing that the parcel contains 6.22 acres. This transaction had no effect on the development rights of the parcel. Deed Book 2745, page 663, dated April 1, 2004, conveyed T.M. 123-4 from James B. Murray, Jr. to Murcielago, LLC. This transaction had no effect on the development rights of the parcel. The separate identity of the parcel and the 2 development rights described above are maintained through the chain of title described in Ms. Deloria's analysis. 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. In addition to the development right lots, the parcels 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. Sincerel , John Shepherd Manager of Zoning Administration Copy: Cheri Roberts, Finance Department .Ella Jordan,. Clerk of the Board of Supervisors I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2008\123 - 4 & 7 Murcielago LOD 2008-15.doc to U, 0 LI ill (b Ntl RU;. ai iA 14 0 -,(A hI A W, M. tx m (ii 4 L, N W�,, 06� NO 'i., J. ,, ; wD , N a . , A i (D '0.1 0.. (A 6.!iA 10.1 ffilgi,1 a T. % 1'. h h. 2.CniNG.LyIn th 3 Lm jlt: o oto'NA 1A,I;61 Lh-�',(l joqWia cj 0 Z ...... ... LA '44 :;i; qq. X1 w -Z: N IT vo 0 itITIn 1, 1�1 rw).. !p iVt r1 i�1V �iRR NIMV U�. I,` 4 0 A 5 Ali J .71 rd iCw itV V"wqtll!P� iii 4� A -f :N P". .-z n .._Im, 2,j; h 17 �'Iz it. C_ Cl) cn c r FD W", P, CT) 0 —1 M 71 i — — --------- 0 L,) 1. 2- 7 m 113- c7 I m Dj 0;, C) CZ Tnr > _0 r O felFT T; M 71 i — — --------- 0 L,) 1. 2- 7 m 113-