The URL can be used to link to this page

Home My WebLink AboutLOD200600051 Letter of Determination 2006-12-07C r Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 December 7, 2006 Melton McGuire 99 Bloomfield Road Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 113, Parcels 2, 3 & 3B (Property of SWF Real Estate LLC) Dear Mr. Melton: This is to inform you that we have suspended the review of the request to determine the development rights of the referenced parcel that you submitted on November 11, 2005. The fee for this determination is $120.00, based on $40.00 per parcel. You included $40.00 with the application. In order to resume the analysis it is necessary to submit the balance of $80.00 that is due. Please contact me if you have questions. Sincerely, John Shepherd Manager of Zoning Administration \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parce1\2006\113- 2-3-313 SFW Real Estate LLC Suspension.doc DRAFT- DO NOT ISSUE THIS LETTER. IT IS NOT COMPLETE. A FEE AND ADDITIONAL DEEDS ARE NEEDED. .qL � If2Gt�It�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 February 15, 2006 Melton McGuire 99 Bloomfield Road Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 113, Parcels 2, 3 & 313 (SWF Real Estate LLC) Section 10.3.1 Dear Mr. McGuire: 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 113, Parcel 2 has XXXXX theoretical development right. Tax Map 113, Parcel 3 has theoretical development right. Tax Map 113, Parcel 3B has theoretical development right The basis for this determination follows. Our records indicate Tax Map 113, Parcel 2 contains 573.287 acres and 1 dwelling unit. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2056, page 72. Our records indicate Tax Map 113, Parcel 3 contains 23.195 acres and 2 dwelling units. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2056, page 72. Our records indicate Tax Map 113, Parcel 3B contains 70.492 acres and 3 dwelling units. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2056, page 72. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2006\113- 2-3-3B SFW LOD 2005-40.doc DRAFT- DO NOT ISSUE THIS LETTER. IT IS NOT COMPLETE. A FEE AND ADDITIONAL DEEDS ARE NEEDED. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded Deed Book 635, page 296 and is dated October 28, 1977. This deed conveyed a total of 1267.6306 acres from Harold W. Umstadter and Julia E. Umstadter to William A. Mullen. The property is conveyed as two separate parcels that are shown on a plat by Charles E. Ross, C.L.S., dated October 24, 1977. Parcel A contains 442.2998 acres. Parcel B contains 825.3308 acres. The deed references Deed Book 424, pape 507 and Deed Book 455, page 479. GET THESE TWO DEEDS. EITHER THESE ARE SEPARATE PARCELS OR THEY WERE EXEMPT FROM THE SUBDIVISION ORDINANCE. SO, 1 or 2? The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is a Certificate of Plat in Deed Book 651, page 540, recorded on July 25, 1978. The plat by William S. Roudabush, dated July 14, 1978 is a survey of 226.76 acres designated as Parcel 2 on Tax Map 113. The certificate further describes the land as the same land acquired by William A. Mullen by the deed of record in Deed Book 651, page 152. Deed Book 730, page 665, dated November 30, 1981, conveyed 7.68 acres from Mary J. Monroe to William L. Mullen. The property is shown on a plat by William S. Roudabush, dated November 25, 1981 is a survey of 226.76 acres designated as Parcel 2 on Tax Map 113. The plat designates the property as Parcel 21 on Tax Map 114. WHY IS THIS HERE/ Deed Book 982, page 563, dated January 29, 1988, conveyed 2.086 acres from William L. Mullen and Winnifred T. Mullen to Cecil Allen Johnson and Anita Y. Morris. The lot is shown on a plat by Frank A. Gregg, dated January 1988. The lot is described as being a portion of Tax Map 113, Parcel 2 and by reference to Deed Book 651, page 152. The plat notes that 4 division rights remain after this division. As a result of this transaction Tax Map 113, Parcel 2 contained 4 development rights. Deed Book 1059, page 336, dated July 17, 1989, conveyed 3 tracts from William L. Mullen and Winnifred T. Mullen to Peter D. Nielsen. ONE: Two tracts containing 1267.6306 acres. This is the same property conveyed by the deed of record in Deed Book 635, 296. TWO: All that tract containing 226.76 aces shown on a plat of record in Deed Book 651, page 542, Less and except 2.086 of described in Deed Book 982, page 563. THREE: All that tract containing 7.68 aces shown on a plat of record in Deed Book 730, page 666. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2006\113- 2-3-3B SFW LOD 2005-40.doc DRAFT- DO NOT ISSUE THIS LETTER. IT IS NOT COMPLETE. A FEE AND ADDITIONAL DEEDS ARE NEEDED. Deed Book 1618, page 542, dated June 9, 1997, conveyed three parcels from Peter D. Nielsen to Carl W. Mortenson and Odette M. Mortenson, the First Grantee and Mountain Spirit Virginia Organics, L.L.C., the Second Grantee. The parcels are described as follows: To the First Grantee is conveyed the 442.2998 -acre parcel shown on the plat of record in Deed Book 635, page 298 and as being a portion of the property conveyed by the deed of record in Deed Book 1059, page 336. To the Second Grantee is conveyed two tracts described as being the same parcels conveyed by the deed of record in Deed Book 1059, page 336: ONE: All that tract containing 226.76 aces shown on a plat of record in Deed Book 651, page 542, Less and except 2.086 of described in Deed Book 982, page 563. TWO: All that tract containing 7.68 aces shown on a plat of record in Deed Book 730, page 666. Deed Book 2014, page 88, dated April 18, 2001, conveyed 4 tracts from Carl W. Mortenson and Odette M. Mortenson and Mountain Spirit Virginia Organics, L.L.C. to Yellowfish Investments, Inc. The parcels are described as follows: Parcel One: (Tax Map 113, Parcel 3B) Parcel A, containing 442.2998 acres, as shown on the plat of record in Deed Book 635, page 298, LESS AND EXCEPT 23.195 shown on a plat recorded in Deed Book 1665, page 36. Parcel Two: (Tax Map 113, Parcel 2) A certain tract containing 226.76 acres shown on a plat of record in Deed Book 651, page 542, LESS AND EXCEPT 2.086 shown on a plat recorded in Deed Book 982, page 565. Parcel Three: (Tax Map 114, Parcel 3) All that certain tract containing 23.195 acres shown as the Residue Tract on a plat of record in Deed Book 1665, page 36. Parcel Four: (Tax Map 114, Parcel 21) All that certain tract containing 7.00 acres shown on a plat of record in Deed Book 730, page 666. Deed Book 2056, page 72, dated May 21, 2001, conveyed 4 tracts from Yellowfish Investments, Inc. to SWF Real Estate LLC. The parcels are described as follows: \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2006\113- 2-3-3B SFW LOD 2005-40.doc DRAFT- DO NOT ISSUE THIS LETTER. IT IS NOT COMPLETE. A FEE AND ADDITIONAL DEEDS ARE NEEDED. Parcel One: (Tax Map 113, Parcel 3B) Parcel A, containing 442.2998 acres, as shown on the plat of ecord in Deed Book 635, page 298, LESS AND EXCEPT 23.195 shown on a plat recorded in Deed Book 1665, page 36. Parcel Two: (Tax Map 113, Parcel 2) A certain tract containing 226.76 acres shown on a plat of record in Deed Book 651, page 542, LESS AND EXCEPT 2.086 shown on a plat recorded in Deed Book 982, page 565. Parcel Three: (Tax Map 114, Parcel 3) All that certain tract containing 23.195 acres shown as the Residue Tract on a plat of record in Deed Book 1665, page 36. Parcel Four: (Tax Map 114, Parcel 21) All that certain tract containing 7.00 acres shown on a plat of record in Deed Book 730, page 666. Deed Book 2939, page 330 contains a Certificate of Plat recorded on March 16, 2005. The plat by Roudabush, Gale & Associates, dated January 4, 2005, shows the creation of Parcel X, a 348.613 -acre portion of Tax Map 113, parcel 3. The plat notes that the 70 -acre residue shall retain 2 development rights not to 14.305 acres and Parcel X shall retain 2 development rights not to exceed 14.5 acres. THE 31 -ACRE RULE WAS WRONGLY APPLIED!? 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. I am enclosing copies of two letters from Amelia McCulley, Zoning Administrator to Donna Frantzen, one dated November 22, 2004 and the other March 2, 2005. The letters describe issues regarding the dwellings and flood plain located on this property. If you have any questions, please contact me. Sincerely, \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2006\113- 2-3-3B SFW LOD 2005-40.doc DRAFT- DO NOT ISSUE THIS LETTER. IT IS NOT COMPLETE. A FEE AND ADDITIONAL DEEDS ARE NEEDED. John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor GET and start with: 635-298 651-541 Less 982-563 730-665 730-666 And the deeds back to pre 12/10/80 Deeds submitted with application: 1059-336 1618-542 2014-88 2056-72 2039-328 Why isn't this listed in our records? \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2006\113- 2-3-3B SFW LOD 2005-40.doc