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Home My WebLink AboutLOD200100018 Letter of Determination 2001-10-16October 16, 2001 Irving L. Jones, III and Janice M. Spink 1001 Woodlands Road Charlottesville, VA 22901 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 44, Parcel 4F Property of (Irving L. Jones, III and Janice M. Spink ) Section 10.3.1 Dear Ms. Spink and Mr. Jones: 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 44, Parcel 4F is comprised of two separate parcels. The 12 1/2 tract described below contains five (5) theoretical development rights. The balance of Parcel 4F has no (0) theoretical development rights The basis for this determination is provided below. Our records indicate Tax Map 44, Parcel 4F contains 35.810 acres and two (2) dwellings. The most recent deed for this parcel is recorded in Deed Book 1396, page 519. The parcel is not in an Agricultural and Forestal District. Deed Book 692, page 829 is the most recent instrument for this property recorded prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980). It is a certificate of a plat of the lands of C. Mercer Garnett and Yates Carr Garnett, dated May 1, 1980. The plat dated March 24, 1980 and recorded with this certificate shows a 62.4 +/- acre tract identified as Parcel A. The subject parcel of this determination, 4F is the residue of Parcel A after the creation of Parcels 4L, 4M, 4F1, 4F2 and 4F3. A note on the plat states: "Parcels A, B, C, D and E is the property of C. Mercer Garnett, Jr. and Yates Carr Garnett- DB 651 — 760; D.B. 539 — 417 (Plat)." An unidentified parcel line is shown on this plat, as well as on the 1980 tax map, suggesting the existence of a separate parcel within this tract. The following deed references are provided to establish this 12 1/2 acre tract as a separate parcel: I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\44-4F Jones.doc Jones and Spink Determination October 16, 2001 Page 2 Deed Book 651, page 760, dated May 4, 1978, conveyed three tracts of land from C. Mercer Garnet, Jr. and Yates Carr Garnett to C. Mercer Garnet, Jr. and Yates Carr Garnett as tenants in common. The three tracts are described as follows: First. The greater portion of the tract known as Sunnyside containing 252 acres located on the southern side of Hydraulic Road. The balance of the 328 acre tract is on the northern side of Hydraulic Road. This is described on a survey by Hugh Sims dated June, 1934. The portion of Parcel A, exclusive of the 12'/2 referenced below, that is shown on the May 24, 1980 plat was divided from this 252 acre tract. Second. All of that certain tract containing 12'/2 acres adjoining the land described above, conveyed to C. Mercer Garnett from Annie Waddell, by deed dated July 14, 1942 and recorded in Deed Book 255, page 76. This 12.5 acre tract is shown by a dashed line as part of Parcel A on the Plat dated May 24, 1980 but is not further identified as a separate parcel. Third All of that certain tract containing by estimate 45 acres conveyed to C. Mercer Garnet, Jr. and Yates Carr Garnett from C. M. Garnett and Georgia L. Garnett by deed dated May 20, 1950 and recorded in Deed Book 291, page 220. This tract is located on the north side of Route 676 and is not part of this determination. Deed Book 255, page 76, dated July 14, 1942 conveyed 12.5 acres from Annie E. Waddell & Belle H. Waddell to C. Mercer Garnett and David C. Wood, Trustee. This deed references a plat recorded in Deed Book 130, page 237. That plat is made part of this file. Therefore, the tract of land identified as Parcel A on the above referenced plat, dated May 24, 1980, was comprised of two separate parcels on the date of the adoption of the zoning ordinance. One parcel contained 12.5 acres as described in Deed Book 255, page 76 and shown on a plat recorded in Deed Book 130, page 237. The other parcel is the balance of Parcel A that was divided from the tract known as Sunnyside. Each of these parcels had five development rights on December 10, 1980. The following deed references are provided to determine the development rights associated with the balance of Parcel 4F. The acreage figures match those shown of the plats and include the 12 '/2 acres discussed above. Deed Book 821, page 506, dated December 5, 1984 is a certificate of a plat by R. O. Snow dated April 16, 1984 of the lands of C. M. Garnett and Yates Carr Garnett. The plat shows the division of two lots from Parcel 4F. These are now identified as Parcels IADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\44-4F Jones.doc Jones and Spink Determination October 16, 2001 Page 3 4L and 4M. These two lots each used one (1) development right. This plat also conveyed Parcel A3, containing 2.483 acres with one (1) development right from Parcel 4F to Parcel 4G. As a result of these transactions, Parcel 4F contained 48.477 acres and two (2) development rights. Deed Book 877, page 394, dated May 9, 1986 conveyed 50.96 acres from C. Mercer Garnett & Yates Carr Garnett to Irving L. Jones III & Janice M. Spink. The plat by R. O. Snow, dated April 28, 1986 and recorded with this deed restored the 2.483 acres that was conveyed to Parcel 4G back to Parcel 4F. As a result of this transaction, Parcel 4F contained 50.96 acres and three (3) development rights. Deed Book 920, page 405 dated February 6, 1987 is a certificate of a plat by R. O. Snow dated December 16, 1986 of the lands of Irving L. Jones III & Janice M. Spink The plat recorded with this deed divided 3.80 acres from Parcel 4F. This new lot is identified as Parcel 4F1 on Tax Map 44. As a result of this transaction, Parcel 4F contained 47.16 acres and two (2) development rights. Deed Book 940, page 786, dated May 29, 1987 is a certificate of a plat by R. O. Snow dated May 20, 1987 of the lands of Irving L. Jones III & Janice M. Spink The plat shows the division of one lot from Parcel 4F. This is now identified as Parcel 4F2. This lot used one (1) development right. As a result of this transaction, Parcel 4F contained 41.83 acres and one (1) development right. Deed book 1327, page 408 is a deed of exchange, dated July 21, 1993 between C. Mercer Garnett & Yates Carr Garnett and Irving L. Jones III & Janice M. Spink. The plat by Roger Ray & Assoc., Inc., dated June 15, 1993 recorded with this deed shows an exchange of Parcel X and Parcel Y; each containing 0.13 acres. The plat also divided a new, 7.84 acre lot from Parcel 4F. Parcel A6 is now identified as Parcel 4F3 on Tax Map 44. As a result of this transaction, Parcel 4F contained 33.993 acres and no (0) development rights. Deed Book 1396, page 519, dated April 12, 1994 is a certificate of a plat by Roger Ray & Assoc., Inc. dated May 9, 1994 of the lands of Irving L. Jones III & Janice M. Spink. The plat adjusts the boundary between Parcels 4F and 4F3. As a result of this transaction, Parcel 4F contained 35.813 acres and no (0) development rights. Therefore, the tract of land identified as Parcel A on the above referenced plat was comprised of two separate parcels on the date of the adoption of the zoning ordinance. One parcel contained 12.5 acres as described in Deed Book 255, page 76 and shown on a plat recorded in Deed Book 130, page 237. The other parcel is the balance of Parcel A containing 49.9 acres that was divided from the tract known as Sunnyside. Each of these parcels had five development rights on December 10, 1980. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\44-4F Jones.doc Jones and Spink Determination October 16, 2001 Page 4 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. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\44-4F Jones.doc