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Home My WebLink AboutLOD199900007 Letter of Determination 1999-06-08June 8, 1999 Marilyn Gale Roudabush, Gale & Assoc.,lnc. 914 Monticello Road Charlottesville, Virginia 22902 RE: Official Determination Of Parcels Of Record/ 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 August 20, 2015 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 CountVBoard 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 CountVBoard 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 August 20, 2015 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 August 20, 2015 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 C: UAN'SUANLTRIpardetSCOTT. doc