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HomeMy WebLinkAboutLOD200800012 Letter of Determination 2011-10-24IRG1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 21, 2008 Richard E. Carter 414 Park Street Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 79, Parcels 2313, 23F5 24B & 36 Scottsville Magisterial District (Property of Country Inns Extraordinaire, Inc.) Section 10.3.1 Dear Mr. Carter: 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 79, Parcel 23B has four (4) theoretical development rights. Tax Map 79, Parcel 23F is zoned Planned Residential Development- PRD. The parcel has no development rights. Its development potential is derived from ZMA-1977-24. Tax Map 79, Parcel 24B has five (5) theoretical development rights. Tax Map 79, Parcel 36 has four (4) theoretical development rights. The basis for this determination follows. Tax Map 79, Parcel 23B Our records indicate Tax Map 79, Parcel 23B contains 10.780 acres and 0 dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2866, page 553. The analysis for a portion of this tract begins with the deed of record in Deed Book 453, page 14. This deed, dated December 17, 1968, conveyed 7.85 acres from Hartwell P. Clark to Lloyd Aspinwall, III. The property is described on a plat by B. Aubrey Huffman and Assoc., dated December 17, 1968, showing a 7.85 -acre tract. On the basis of this deed and plat, this 7.85 -acre portion of T.M. 79-23B is a parcel of record. The analysis for the other portion of this tract begins with the deed of record in Deed Book 460, page 128. This deed, dated June 10, 1969, conveyed 3 acres from Rivanna Corporation to Lloyd Aspinwall, III and Hartwell P. Clarke. This is a portion of what was designated as Parcel 23C. The most recent instrument for the rest of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 535, page 308. This deed conveyed 0.49 acres from Richard H. deButts and Marie J. deButts to the CAinetpub\wwwroot\cityviewlazerfiche_i nteg ratio n\tem pdocholder\8951.doc Richard E. Carter August 21, 2008 Page 2 Commonwealth of Virginia. As a result of this transaction, this portion of Parcel 23B contained 2.51 acres. The most recent instrument for the 2.51 -acre portion of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded Deed Book 703, page 626. This deed, dated September 30, 1980, conveyed two tracts from Charles Almy and Susan Almy to Thomas E. McDermott and Jyll A. McDermott. The first tract is described as containing 7.85 acres and by reference to the plat of record in Deed Book 453, page 14. The second tract is described as containing 2.51 acres and by reference to Deed Book 535, page 308. The deed further notes that the property is the same as that which was conveyed to the Grantors by the deed of Richard H. deButts and Marie J. deButts by the deed of record in Deed Book 605, page 4. On the basis of this deed, the portion containing 2.51 is a parcel of record with one (1) development right. The portion containing 7.85 acres is a parcel of record with three (3) development rights. Deed Book 762, Page 394, dated April 21, 1983, conveyed two tracts from Thomas E. McDermott and Jyll A. McDermott to T. Mitchell Willey and Emily B. Willey. The property is described as being the same as that conveyed by the deed of record in Deed Book 703, page 626. This transaction had no effect on the parcels. Deed Book 1047, page 68, dated April 19, 1989, conveyed 2 tracts from T. Mitchell Willey & Emily R. Willey to Country Inns Extraordinaire, Inc. The first is described as containing 7.85 acres and by reference to the plat of record in Deed Book 453, page 16. The second is described as containing 3 acres described in a deed of record in Deed Book 460, page 128, less and except 0.49 acres conveyed to the Commonwealth by the deed of record in Deed Book 535, page 308. This transaction had no effect on the parcels. Deed Book 2866, page 553, contains a plat by B. Aubrey Huffman and Assoc., dated July 9, 2004, showing the combination of Parcel 23B containing 7.85 acres and Parcel 23C containing 2.915 acres. The plat carries a note stating, "The new parcel 23B to have 4 development rights, one of which must be situated within the confines of old parcel 23C." On the basis of this transaction Parcel 23B contains 10.780 acres and 4 development rights as described on the plat. Tax Map 79, Parcel 23F Our records indicate Tax Map 79, Parcel 23F contains 28.045 acres and 0 dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1131, page 233. This parcel is zoned PRD Planned Residential Development. It was rezoned from A-1 to A-1 /RPN (PRD) on January 18, 1978 subject to conditions. It is located in the "Water Only" jurisdictional area. The property is limited to a maximum of 39 lots if all other requirements and conditions can be met. Section 4.1.2 requires a minimum area of 40,000 square feet per dwelling served by water only. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\8951.doc Richard E. Carter August 21, 2008 Page 3 Tax Map 79, Parcel 24B Our records indicate Tax Map 79, Parcel 24B contains 25.750 acres and 0 dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1422, page 112. This analysis begins with the deed of record in Deed Book 528, page 45. The deed, dated April 30, 1973, conveyed 26.2 acres from N.B.E. Corporation to B. J. Shaw - Kennedy and Alvin D. Edelson. The property is shown on a plat by William S. Roudabush, dated March 23, 1970, showing a 25.98 -acre tract that includes 5.3 acres in the lake. This deed established the tract as a parcel of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 536, page 368. This deed, dated May 23, 1973 conveyed 0.06 acres from B. J. Shaw -Kennedy and Alvin D. Edelson to the Commonwealth of Virginia. On the basis of this deed, Parcel 24B is a parcel of record that contained 25.92 acres with 5 development rights. Deed Book 861, page 550, dated November 19, 1985, conveyed 25.92 acres from James C. Pyles, Robert L. Pyles and Barbara T. Pyles to Gregory N. Hayes and Dawn Hayes. The property is described by reference to Deed Book 528, page 50 and Deed Book 536, page 368. This transaction had no effect on the development rights of the parcel. Deed Book 1176, page 89 conveyed 0.17 acres from Gregory N. Bates and Dawn Hayes to the Commonwealth of Virginia. As a result of this transaction, Parcel 24B contained 25.750 acres and retained five development rights. This transaction had no effect on the development rights of the parcel. Deed Book 1422, page 112, dated September 24, 1993, conveyed the interest of Gregory N. Hayes in this parcel to Dawn Hayes. This transaction had no effect on the development rights of the parcel. Deed Book 1940, page 541, dated July 13, 2000, conveyed 25.75 acres from Dawn M. Hayes to Country Inns Extraordinaire. The parcel is described by reference to Deed Book 1422, page 541. This transaction had no effect on the development rights of the parcel. Tax Map 79, Parcel 36 Our records indicate Tax Map 79, Parcel 36 contains 29.491 acres and 0 dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 739, page 762. This analysis begins with the deed of record in Deed Book 343, page 466. This deed, dated October 15, 1958 conveyed two tracts from Samuel H. Hughes to Garrett W. Kirksey and Jane P. Kirksey. The tracts contain 1.38 acres and 65.9 acres respectively. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\8951.doc Richard E. Carter August 21, 2008 Page 4 The parcels are shown on a plat that is attached to the deed. The 1.38 -acre House Lot is located south east of the intersection of Routes 729 and 732 east of the Rivanna River. The property was bisected by the Rivanna River and State Route 729. Deed Book 378, pages 497, dated May 10, 1962, conveyed 2.7 acres from Garrett W. Kirksey and Jane P. Kirksey to Thomas J. Chandler, Jr. and Mary J. Chandler. The property is shown on a plat by William S. Roudabush, dated April, 1962. This is designated as Parcel 41 on Tax Map 79. As a result of this transaction Parcel 36 is calculated to have contained 63.2 acres. Deed Book 541, page 398, dated November 26, 1973, conveyed 3.63 acres from Garrett W. Kirksey and Jane P. Kirksey to the Commonwealth of Virginia. This was for improvements to Route 729. The subject property is shown on a redlined copy of the road plan in Highway Plat Book IX, page 68 which is attached. As a result of this transaction Parcel 36 is calculated to have contained 59.57 acres. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 585, page 639. This deed, dated November 18, 1975, conveyed 5 acres from Garrett W. Kirksey and Jane P. Kirksey to H. Wilson Davis. The property is described as being bound on the north by the relocated Route 729, on the east by the Rivanna River and on the south by the old Route 729 (now abandoned). The deed notes that the road plans for the relocation of Route 729 are recorded in Highway Plat Book IX, page 68. This parcel is a portion of Parcel 36C which is located on the west side of the Rivanna River. As a result of this transaction Parcel 36 is calculated to have contained 54.57 acres and five development rights. Deed Book 734, page 283, dated January 8, 1982, conveyed two parcels from Garrett W. Kirksey and Jane P. Kirksey to Garrett W. Kirksey. One of them is designated as Parcel 36 on Tax Map 79 and as the residue of the tract of 65.9 acres shown on the plat of record in Deed Book 343, page 466 after the off conveyances of record on Deed Book 585, page 639 and Deed Book 378, page 497. This transaction had no effect on the development rights of the parcel. Deed Book 739, page 760, dated May 25, 1982, contains a deed of partial release that released 125.24 acres from a lien of a deed of trust by S.N. Caricofe, Trustee, under the direction of the Federal Land Bank of Baltimore to Garrett W. Kirksey and Jane P. Kirksey. The property is described on a subdivision plat by Robert L. Lum, dated May 14, 1982, that shows two parcels. Parcel A, containing 107.54 acres is described as being a portion of Parcel 43F. Parcel A is designated as Parcel 36D on Tax Map 79. Parcel B, containing 17.70 acres is described as being a portion of Parcel 36. Parcel B is designated as Parcel 36E on Tax Map 79. The plat assigns one development right to Parcel B (T.M.79-36E). It further notes that the remaining portion of Parcel 36 will retain the remaining development rights. As a result of this transaction, Tax map 79, Parcel 36 contained four development rights. The residue acreage of the parcel is not indicated on the plat but is calculated to have contained 36.87 acres. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\8951.doc Richard E. Carter August 21, 2008 Page 5 Deed Book 739, page 764, dated May 17, 1982, conveyed two parcels from Garrett W. Kirksey and Jane P. Kirksey to Luck Stone Corporation. The property is described as being the same as shown on the plat recorded with the preceding deed. This transaction had no effect on the development rights of the parcel. Deed Book 1858, page 250, contains a certificate of plat dated August 10, 1999. The plat, by Roger W. Ray and Assoc., Inc. shows the creation of Lot A, a portion of T.M. 79-43F1 and also Parcel X, a 8.75 -acre portion of T.M. 79-36 being added to and combined with the residue of T.M. 79-43F1. The plat notes that no development rights are being added with Parcel X. The plat further notes that the residue of T.M. 79-36 contains 29.49 acres according to County Real Estate records. As a result of this transaction Parcel 36 contains 29.49 acres and four (4) theoretical development rights. 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 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: Gay Carver, Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\8951.doc