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HomeMy WebLinkAboutLOD200000018 Letter of Determination 2001-10-09October 1, 2001 Mehring Family Limited Partnership 3917 Hungrytown Road Covesville, VA 22931 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 97, Parcel 21 B, (Property of Mehring Family Limited Partnership) Section 10.3.1 Dear Mehring Family Limited Partnership: 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 97, Parcel 21 B consists of two (2) separate parcels. The bulk of the property, located on the east side of Route 698, contains two (2) theoretical development rights. There is no limitation on the size of the parcels that may be created using these development rights. The sliver of land located on the west side of Route 698 near Parcel 21 is a separate parcel. It contains one (1) or two (2) development rights depending on the acreage. The basis for this determination is provided below. Our records indicate Tax Map 97, Parcel 21 B contains 565.363 acres and no (0) dwellings. The most recent deed for this parcel is recorded in Deed Book 1507, page 364. The parcel is included in the Chalk Mountain Agricultural and Forestal District. Deed Book 335, page 590, dated November 7, 1957, conveyed 418.5 acres from Harry H. Powell & Amanda J. Powell to Walter H. Mehring, Jr. & Sara C. Mehring. This property is described as being assessed as three tracts of 210 acres, 42 acres and 166.5 acres. These tracts are described as follows: (1) 210 acres conveyed to Joseph S. Hudson by Shepherd Eades by deed dated June 9, 1954, recorded in Deed Book 52, page 19. This is generally known as the Eades Property. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2000\2000 ACE\Mehring DRDetermination.doc (2) About 166 acres conveyed to Joseph S. Hudson by the will of Joseph Wingfield, recorded in Will Book 28, page 97. This is designated as the two upper mountain fields with woodland attached. Mehring Family Partnership October 1, 2001 Page 2 (3) A tract of land assessed as 42 acres and conveyed as 100 acres to Joseph S. Hudson by George Perkins, Trustee, and S. A. Burch & wife, recorded in Deed Book 95, page 283. Deed Book 338, page 562 is a deed of correction dated February 15, 1958 that relies on a plat by T. W. Saunders dated January 1, 1958. The deed conveyed 611.2 acres from Harry H. Powell & Amanda J. Powell to Walter H. Mehring, Jr. & Sara C. Mehring. This acreage figure more accurately describes the property conveyed to Walter and Sara Mehring by a deed recorded in Deed Book 335, page 590. The January 1, 1958 plat by T.W. Saunders, recorded with this deed is titled, "Plat Showing Tract of Land ... for Walter H. Jr. and Sara Mehring." Although this deed references Deed Book 335, page 590, it identifies the property as a tract of land. There is no reference to this parcel being comprised of separate tracts. County real estate records show that three tracts were combined in 1959 on the basis of this deed and plat. The tracts were not combined for the convenience of the County. Based on these factors, this tract is determined to be one parcel. This deed also served to establish a boundary between the property of Walter H. Mehring, Jr. & Sara C. Mehring and the property of J. B. Toms & Dultry M. Toms, Ashby S. Toms & Mamie T. Toms and B. T. Toms & Mintie W. Toms. Deed Book 650, page 752 is the most recent deed for this property recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, December 10, 1980. This deed, dated July 7, 1978 conveyed 11.09 acres from Walter H. Mehring, Jr. & Sara C. Mehring to Walter H. Mehring, III & Paula H. Mehring. This is a portion of the property of Walter and Sara Mehring, containing 611.2 acres shown a plat by T. W. Saunders recorded in Deed Book 338, page 564. The 11.09 acres is identified on Tax Map 97 as Parcel 21A. The accompanying plat by R. O. Snow & Associates showed the residue retained 600.14 acres. Deed Book 750, page 402, dated October 20, 1982 conveyed 11.48 acres from Walter H. Mehring, Jr. & Sara C. Mehring to Peter R. Mehring & Leslie M. Mehring. The 11.48 acre tract is identified on Tax Map 97 as Parcel 22. The accompanying plat by R. O. Snow & R. W. Ray showed the residue retained 588.60 +/- acres and four (4) development rights. Deed Book 1354, page 208, dated October 27, 1993 conveyed approximately 16.7acres from Walter H. Mehring, Jr. & Sara C. Mehring to Walter H. Mehring, III & Paula H. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2000\2000 ACE\Mehring DRDetermination.doc Mehring. This tract was described with metes and bounds. There was no plat and no mention of development rights in the deed. The deed did note that this parcel was to be combined with Walter and Paula Mehring's existing parcel. After this conveyance the residue retained 571.9 +/- acres and four (4) development rights. Mehring Family Partnership October 1, 2001 Page 3 Deed Book 1402, page 640, dated April 27, 1994 conveyed approximately 16.7acres from Walter H. Mehring, III & Paula H. Mehring to Walter H. Mehring, Jr. & Sara C. Mehring. This tract is identified as the same property that was conveyed to Walter and Paula Mehring by Walter and Sara Mehring recorded in Deed Book 1354, page 208. After this conveyance the residue contained 588.60 +/- acres and four (4) development rights. Deed Book 1479, page 244 dated June 13, 1995 conveyed 15.517 acres from Walter H. Mehring, Jr. & Sara C. Mehring to Walter H. Mehring III and Paula H. Mehring. This tract was combined with Parcel 21A on a plat by Morris Foster dated May 10, 1995. No development rights were conveyed with this transaction. After this conveyance the residue contained 573.08 +/- acres and four (4) development rights. Deed Book 1, 479, page 250 dated June 27, 1995 is a deed of gift that conveyed 565 +/- acres from Walter H. Mehring, Jr. & Sara C. Mehring to the Mehring Family Limited Partnership. This conveyance included all of the 611.2 acres shown on the plat recorded at Deed Book 338, page 562 except for the following: (1) 7.722 acres conveyed with this deed and shown on a plat by Morris Foster dated June 15, 1995 that is attached to this deed. This parcel is assigned two (2) development rights. A note on the plat stated the residue may be divided into two parcels not to exceed 11.796 acres in aggregate area. This tract is identified as Parcel 21 on Tax Map 97. The residue is identified as Parcel 21 B. After this conveyance the residue contained 565.36 +/- acres and two (2) development rights. (2) 11.09 acres conveyed on July 7, 1978 and recorded in Deed Book 650, page 752. This is a parent created prior to the adoption of the ordinance. No development rights were used to create this parcel. This is a portion of Parcel 21 A. (3) 15.517 acres conveyed on June 13, 1995 and recorded in Deed Book 1,479, page 244. The plat, approved on June 9, 1995 showed that this tract was added to Parcel 21A. No (0) development rights were conveyed with this property. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2000\2000 ACE\Mehring DRDetermination.doc (4) 11.48 acres conveyed on October 20, 1982 and recorded in Deed Book 750, page 402. One (1) development right was used to create this parcel. This is identified on Tax Map 97 as Parcel 22. It is determined that the limitation on the acreage of future parcels divided from Parcel 21 B was noted on the plat attached to this deed is in error. The "31 acre rule" in section 10.3.1 does not apply to parcels divided between the effective date of the ordinance and Mehring Family Partnership October 1, 2001 Page 4 November 8, 1989. Parcel 22 was divided from the subject property on October 20, 1982. Deed Book 1507, page 364, dated November 28, 1995 is a deed of correction that conveyed the same 565 +/- acres from Walter H. Mehring, Jr. & Sara C. Mehring to the Mehring Family Limited Partnership as was described in Deed Book 1479, page 250. The deed was corrected to reflect that the conveyance was not a gift but a transfer to the grantee in exchange for partnership interests of equal value to the property herein conveyed. This property includes a small sliver of land on the west side of State Route 698. This is determined to be a separate parcel of land in accord with Ann S. Sanford v. Board of Zoning Appeals of Albemarle County, Virginia. The acreage of this parcel is not shown on any of the above referenced plats. Based on this history, the portion of Tax Map 97, Parcel 21 B located on the east side of State Route 698 is determined to have two (2) development rights. The parcel on the west side of State Route 698 has one (1) or two (2) development rights depending on the acreage. These parcels are entitled to the noted 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, a "parent parcel" may create as many 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 $95. 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. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2000\2000 ACE\Mehring DRDetermination.doc Sincerely, John Shepherd Manager of Zoning Administration Mehring Family Partnership October 1, 2001 Page 5 Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors McChesney Goodall, ACE Program Coordinator Reading Files IADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2000\2000 ACEWehringDRDetermination.doc