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Home My WebLink AboutLOD200200039 Letter of Determination 2002-10-31October 31, 2002 Allan & Ada Kindrick 4851 Jacobs Run Earlysville, VA 22936 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 20, Parcel 10A and Tax Map 32, Parcels 1 & 2 (Property of Allan & Ada Kindrick) Section 10.3.1 Dear Mr. and Ms. Kindrick: 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 20, Parcel 10A has one (1) development right. Tax Map 32, Parcel 1 has nine (9) development rights; five of these are associated with the 152 '/2 acre parcel described in Deed Book 366, page 403 and the remaining are associated with the 14.21 -acre parcel described in this same deed. Tax Map 32, Parcel 2 has five (5) development rights. The basis for this determination is summarized as follows. Our records indicate Tax Map 20, Parcel 10A contains10.390 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 859, page 536. The most recent plat for the property is recorded in the same book on page 542. Our records indicate Tax Map 32, Parcel 1 contains 155.520 acres and two dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 618, page 642. The most recent plat for the property is recorded in Deed Book 859, page 542. Our records indicate Tax Map 32, Parcel 2 contains 87.260 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1428, page 662. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\2002 ACE\32-1&2 Kindrick.doc This analysis begins with Deed Book 366, page 403. This deed, dated September 12, 1960 conveyed 166.71 acres from Alice B. Crenshaw, C.E. Crenshaw & Maude M. Crenshaw, J.A. Crenshaw & Nellie G. Crenshaw, J.B. Crenshaw, W.Z. Crenshaw & Kindrick October 31, 2002 Page 2 Frances M. Crenshaw, Minnie C. Herrington, Cassie C. Pritchett & M.M. Pritchett, E.B. Crenshaw & Dolly D. Crenshaw, and H.J. Crenshaw & Miriam S. Crenshaw to C.E. Crenshaw . The parcels are described as two adjoining tracts containing in the aggregate 166.71 acres, more or less, consisting of a tract containing 152'/2 acres conveyed to B. Z. Crenshaw by a deed dated August 19, 1895 and recorded in Deed Book 103, page 479 with a plat on page 484 and another tract containing 14.21 acres conveyed to B. Z. Crenshaw by a deed dated April 11, 1899 and recorded in Deed Book 113, page 419. Deed Book 423, page 46, dated October 27, 1966 conveyed two tracts of land from Charles E Crenshaw & Maud M. Crenshaw to the Board of County Supervisors of Albemarle County. One tract was a portion of the 14.2 -acre tract conveyed in Deed Book 366, page 403 containing 0.29 acres. The other tract was a portion of Tax Map 32, Parcel 2 containing 7.8 acres. As a result of this transaction, Tax Map 32, Parcel 1 contained an estimated 152.21 acres and Parcel 2 contained an estimated 87.26 acres. The most recent instrument for Tax Map 32, Parcels 1 and 2 recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 618, Page 642, dated April 12, 1977. This deed conveyed three tracts of land from Maud M. Crenshaw, Ada M. Kindrick & Allan B. Kindrick, Louise M. Jurgens & Francis M. Jurgens, Paris E. Crenshaw & Margaree B. Crenshaw, Benjamin Z. Crenshaw & Ruth S. Crenshaw and Harry L. Crenshaw & Wilda D. Crenshaw to Allan B. Kindrick & Ada M. Kindrick. The tracts are described as follows: FIRST: [Tax Map 32, Parcel 2] All that certain tract of land containing 87.7 acres, being the 95.1/2 acres conveyed by a deed recorded in Deed Book 163, page 326 less the 7.8 acres conveyed to the Board of Supervisors by Deed Book 423, page 46. On the basis of this description, Tax Map 32, Parcel 2 is determined to be a parcel of record as provided in Section 10.3 of the zoning ordinance. SECOND: [Tax Map 32, Parcel 1] Two adjoining tracts that are the same property in all respects conveyed by deed recorded in Deed Book 366, page 403 less and except the 0.29 acres conveyed to the Board of Supervisors by deed recorded in Deed Book 423, page 46. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\2002 ACE\32-1&2 Kindrick.doc On the basis of this description, Tax Map 32, Parcel 1 is determined to be comprised of two (2) parcels of record as provided in Section 10.3 of the zoning ordinance. One tract contained 152 % acres and the other contained 14.2 acres. Kindrick October 31, 2002 Page 3 Deed Book 859, page 536 contains a deed of trust dated November 14, 1985. The Grantor is Allan B. Kindrick and Ada M Kindrick and the beneficiary is United Virginia Mortgage Corporation. A plat by Morris Foster, titled "Plat showing Revision of Boundary Between Two Parcels Owned by Allan B. or Ada M. Kindrick Tax Map 32 - Parcel 1" is attached to this deed. The plat created what is now Tax Map 20, Parcel 10A consisting of 7.39 acres from the 152'/2 acre portion of Parcel 1 and 3.0 acres derived from the 14.21 acre portion of Parcel 1. The plat carries a note that no development rights are being transferred. In spite of the development right note on the plat, at least one development right was used to create Parcel 10A. Therefore, it is determined that Parcel 10A has one (1) development right that is derived from the parcel of record containing 14.21 acres as described above. The portion of Parcel 1 on Tax Map 32 containing 152.5 acres less 7.39 acres conveyed to Parcel 10A has five (5) development rights. The portion of Parcel 1 on Tax Map 32 containing 14.21 acres less 3.0 acres conveyed to Parcel 10A has four (4) development rights. Be aware that the development rights associated with the parcels of record identified in Deed Book 618, page 642 may be reallocated without an appeal of this determination. Deed Book 902, page 679, dated September 15, 1986 records an agreement in which Harrison Gilliam, Trustee for Earlysville Forest Land Trust grants a right-of-way for the use and benefit of the Kindrick's land. This transaction had no effect on the development rights of these parcels. Deed Book 1428, page 662, dated August 22, 1994, conveyed 87.7 acres from Allan B. Kindrick and Ada M. Kindrick to themselves as tenants in common. The property is described as being the same land in all respects as was conveyed in Deed Book 618, page 642. [Tax Map 32, Parcel 2] This transaction had no effect on the development rights of these parcels. Deed Book 1848, page 451, dated March 1, 1999 contains a deed of dedication. It records an agreement between David Pettit, Successor Trustee of the Earlysville Forest Land Trust and Allan B. Kindrick and Ada M. Kindrick. The agreement provides that the access easement described in Deed Book 902, page 679 shall be dedicated to public use. This transaction had no effect on the development rights of these parcels. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\2002 ACE\32-1&2 Kindrick.doc Deed Book 1854, page 381, dated January 26, 1998 contains a plat by Steven Key showing a 60 foot ingress -egress easement serving Tax Map 32, Parcels 1 & 2. This transaction had no effect on the development rights of these parcels. :fR'I'i[.77 October 31, 2002 Page 4 Based on this history, each of these three parcels is determined to contain the development rights identified above 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, as many parcels containing a minimum of twenty-one acres may be created from the four parcels as they will allow, if all other applicable regulations can be met. A chart showing the development potential of these parcels is attached. 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 Copies: Gay Carver, Real Estate Department, Ella Washington -Carey, Clerk to the Board of Supervisors Ches Goodall, A.C.E. Program Coordinator Reading Files Attachments: Kindrick 1980 Parcels of Record Kindrick 2002 \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\2002 ACE\32-1&2 Kindrick.doc Kindrick October 31, 2002 Page 5 DEVELOPMENT POTENTIAL OF TAX MAP 32, PARCELS 1 & 2 AND TAX MAP 20, PARCEL 10A. PARCEL ACREAGE DEVELOPMENT RIGHT LOTS 2 ACRE MIN. DIVISION RIGHT LOTS 21 ACRE MIN. TOTAL POTENTIAL PARCELS 32/1 155.52 9* 155-18/21= 6 15 32/2 87.7 5 87.7-10/21= 3 8 20/10A 10.39 1 0 1 Total 253.61 15 9 24 * Each of the 5 development right lots must contain at least two acres from the 145.11 acre portion of Parcel 1 and each of the 4 development right lots must contain at least 2 acres from the 11.48 -acre portion of Parcel 1. These areas are shown on the attachment labeled "Kindrick 2002." \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\2002 ACE\32-1&2 Kindrick.doc