HomeMy WebLinkAboutLOD200000019 Action Letter 2001-01-24January 24, 2001
James F. Powell, Jr.
James F. Jr. & Cato Powell Estate
4446 Plank Road
North Garden, VA 22936
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 87, Parcel 64 Tax Map 99, Parcel 59 & Tax Map 99, Parcel 60A (Property of
James F. Powell Jr.) Section 10.3.1
Dear Mr. Powell:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 87, Parcel 64 contains five (5) theoretical development rights. Tax Map
99, Parcel 59 consists of four (4) separate parcels. Each of these four separate parcels
contains five (5) theoretical development rights. Tax Map 99, Parcel 60A contains one
(1) theoretical development right. The basis for this determination is provided below.
Tax Map 87, Parcel 64: Our records indicate this parcel contains 217.200 acres and two
dwellings. The most recent deed for this property prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 542,
page 160. It is a plat dated October 16, 1973 showing an exchange of 5,310 square feet
between James W. & Cato Powell and the Albemarle County School Board. There have
been no off -conveyances from this parcel since December 10, 1980 so it retains its five
theoretical development rights.
Tax Map 99, Parcel 59: Our records indicate this parcel contains 194.380 acres and has
no dwellings. The most recent deed for this property prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 520,
page 417. It is dated December 5, 1972 between Smith Land and Lumber Company
and Mitchell O. Carr. That deed included the conveyance of 0.75 acres from Tax Map
99, Parcel 59 to Parcel 49A. The most recent deed since the adoption of the Ordinance
is found in Deed Book 960 on page 747. It is dated September 9, 1987 between James
F. & Cato Powell and David N. Reynolds & Elizabeth A. Pratt. This transaction
conveyed 1.6 acres from Tax Map 99, Parcel 59 to Tax Map 99, Parcel 59A. The deed
stated, "This subject property described in the attached plat, comprising 1.6 acres
Powell Parcel and Development Rights Determination
January 24, 2001
Page 2
appears as part of Parcel 59, Tax Map 99, Deed Book 520, p. 417 which is 195.98
acres, before the sale." No development rights were conveyed in that transaction. There
have been no other off conveyances from this parcel since the adoption of the
ordinance. Therefore, this parcel is found to have its full compliment of development
rights.
Furthermore, it is my determination that Parcel 59 consists of four (4) separate parcels.
This is based on Ann H. Sanford v. Board of Zoning Appeals of Albemarle CountV,
Virginia and City of Winston Salem v. Tickle. The parcel is divided by State Route 813,
State Route 712, and the Southern Railway. Each of these separate parcels has five (5)
theoretical development rights.
Tax Map 99, Parcel 60A: Our records indicate this lot contains 1.250 acres and has no
dwellings. The most recent deed for this property prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 456,
page 10. It is dated February 7, 1969 between Richard & Ruby Kennedy and J.F. &
W.C. Powell. This 1.25 lot was divided at that time from Tax Map 99, Parcel 60. No
record of development since that date was found. Therefore, this parcel is found to
contain one theoretical development right. The parcel is non -conforming because it
contains less than 2 acres.
Each of the above mentioned parcels is entitled to the noted development rights if all
other applicable regulations can be met. These development rights are hypothetical 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.
Sincerely,
John Shepherd
Manager of Zoning Administration
Powell Parcel and Development Rights Determination
January 24, 2001
Page 3
Copies: McChesney Goodall, ACE Program Coordinator
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
Three additional parcels by determination