HomeMy WebLinkAboutLOD200100004 Action Letter 2017-07-12COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 229024-596
FAX (804) 972-4126 TELEPHONE (804) 296-5832 TTD (804) 9724012
January 30, 2001
Spencer F. Young
4069 Echo Valley Road
Barboursville, VA 22923
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS -
Tax Map 35, Parcels 26, 26B, 26C, 32A, and 43 (Property of Spencer F. Young)
Section 10.3.1
Dear Mr. Young:
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 35, Parcel 26 contains five (5) theoretical development rights. Tax Map
35, Parcel 26B consists of two separate parcels divided by State Route 641. Either 7 or
8 development rights are allocated between these two parcels, depending on the
acreage of each. Tax Map 35, Parcel 26C contains five (5) theoretical development
rights. Tax Map 35, Parcel 32A contains five (5) theoretical development rights. Tax
Map 35, Parcel 43 contains two (2) theoretical development rights. The basis for this
determination is provided below.
Tax Map 35, Parcel 26: Our records indicate this parcel contains 31.62 acres and 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 687,
page 168. It is dated December 20, 1979 between Ann Robins Haskell and John C.
Haskell, Jr. and John C. Haskell, Jr., as Trustee for Maple Ridge Land Trust. That deed
conveyed 333.328 acres that included Parcel 26. On the date of the adoption of the
zoning ordinance this part of Parcel 26 included what is now Parcel 26C, that portion of
the original Parcel 26 located on the East side of State Route 641. Parcel 26 is the
portion of the original Parcel 26 located on the West side of State Route 641. It is
considered a parent parcel with a full compliment of development rights on December
10, 1980.
Deed Book 798, page 091, dated April 23, 1984 is between Spencer Faulconer Young
and Virginia Ruth Ismond. This deed included the transfer of 2.8 acres from Parcel 27 to
Parcel 26 and 7.2 acres from Parcel 27 to Parcel B (now 43B and 43B1). The plat,
Young Determination
January 30, 2001
Page 2
approved on April 30, 1984 did not allocate the development rights of Parcel 27.
However it is assumed that the 2.8 acres transferred to Parcel 26 contains 1 potential
development right and the 7.2 acres transferred to Parcel B (Parcels 41 B and 41 B 1)
contains 3 potential development rights. In order to credit these potential development
rights to particular parcels, the owners of all the parcels shown on the plat must approve
a plat showing the reallocation. This plat also transferred 8.5 acres from Parcel 26 to
Parcel A (now 43C) and transferred 5.5 acres from Parcel 43 to Parcel 26. As a result of
these transactions, the residue of parcel 26 contained 172.9 acres and five (5)
development rights.
Deed Book 798, page 092, dated May 1, 1984 between Spencer Faulconer Young and
Tantivy-Blue and Associates divided 123 acres from the portion of Parcel 26 referenced
above. An additional 5.5 acre portion of Parcel 43 was added to this new tract resulting
in a total of 128.510 acres (26D and 201). This left a residue of 58.6 acres. The plat,
approved on April 30, 1984, noted that the residue retained all development rights.
Deed Book 1083, page 161, dated December 15, 1989 was an exchange between
Spencer F. Young and Anita E. Edstrand. It divided 21.078 acres from Parcel 26 and
added those acres to Parcel 28. No development rights were transferred. There have
been no off -conveyances from this parcel since that transaction. Therefore, as a result
of that transaction, Parcel 26 contains 31.6 acres and five (5) development rights; 5
retained by the portion of Parcel 26 located on the West side of State Route 641.
Tax Map 35. Parcel 2613: Our records indicate this parcel contains 17.287 acres and
has one dwelling. 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
687, page 168. It is dated December 20, 1979 between Ann Robins Haskell and John
C. Haskell, Jr. and John C. Haskell, Jr., as Trustee for Maple Ridge Land Trust. That
deed conveyed 333.328 acres that included Parcel 26B.
Deed Book 586, page 333, dated December 17, 1979 between Harold E. Young and
Ann Robins Haskell conveyed Parcel 26B, which at that time contained 15.018 acres.
Deed Book 747, page 327, dated May 10, 1982 between John C. Haskell, Jr., Trustee
for the Maple Ridge Land Trust, Spencer F. Young and Thomas S. Edwards &
Winnifred O. Edwards adjusted the boundary between parcel 26, 26C and 26B. As a
result, Parcel 26B contains 17.827 acres. No off -conveyances from Parcel 26B have
occurred since this transaction. The parcel has its full compliment of development
rights.
Further, it is my determination that Parcel 268 consists of two (2) separate parcels. This
is based on Ann H. Sanford v. Board of Zoning Appeals of Albemarle County, Virginia
Young Determination
January 30, 2001
Page 3
and City of Winston Salem v. Tickle. The parcel is divided by State Route 641. Each of
these separate parcels has as many as five (5) theoretical development rights,
depending upon the acreage. The combined number of development rights of both
parcels is either 7 or 8 depending upon the acreage of each parcel.
Tax Map 35, Parcel 26C: Our records indicate this parcel contains 195.930 acres and
has 1 dwelling. 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
687, page 168. It is dated December 20, 1979 between Ann Robins Haskell and John
C. Haskell, Jr. and John C. Haskell, Jr., as Trustee for Maple Ridge Land Trust. That
deed conveyed 333.328 acres that included Parcel 26C. On the date of the adoption of
the ordinance this was part of Parcel 26 which was divided by State Route 641. Parcel
26C is the portion of Parcel 26 located on the East side of State Route 641. It is
considered a parent parcel with a full compliment of development rights on December
10, 1980.
Deed Book 1083, page 161, dated December 15, 1989 was an exchange between
Spencer F. Young and Anita E. Edstrand. It divided 46.93 acres from Parcel 28A and
added those acres to Parcel 26C. No development rights were transferred. There have
been no off -conveyances from this parcel since that transaction. Therefore, as a result
of that transaction, Parcel 26C contains 195.93 acres and five (5) development rights.
Tax Map 35, Parcel 32A: Our records indicate this parcel contains 11.9 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 313,
page 474. It is dated October 29, 1954 between David Hill Kindermand and Samuel S.
Lockhart. The parcel is described as, "containing eighteen (18) acres and thirty-one (31)
poles."
Deed Book 798, page 097, dated April 23, 1984 is between Spencer Faulconer Young
and Virginia Ruth Ismond. This deed included the transfer of 6.6 acres from Parcel 32A
to Parcel B (now Parcels 43B and 43131). Notes on the plat state the residue of parcel
32A, containing 11.9 acres retained its five (5) development rights.
Tax Mao 35, Parcel 43: Our records indicate this parcel contains 11.6 acres and has no
dwellings. The most recent deeds for this property prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) are found in two separate
deeds. Deed Book 570, page 617, dated September 8, 1969, between Launnard Cobbs
& Mildred Viola Cobbs and Katus R. Blakey, Trustee conveyed 24.87 acres. Deed Book
577, page 412, dated June 30, 1975, between Katus R. Blakey, Trustee and
B.W.L.&M., Inc. conveyed 55.51 acres.
Young Determination
January 30, 2001
Page 4
Deed Book 719, page 356, dated June 22, 1981 between Thelma Blakey and
B.W.L.&M., Inc. conveyed Thelma Blakey's interest in both of the above referenced
parcels that were shown on a plat containing 78.0613 acres. On August 3, 1981 the
County Real Estate Department combined parcel 43 and Parcel 43A. These were
separately deeded parcels and each is entitled to a full compliment of development
rights.
Deed Book 798, page 097, dated April 23, 1984 is between Spencer rauiconer Young
and Virginia Ruth Ismond. This deed included the transfer of 2.8 acres from Parcel 27 to
parcel 26 and 7.2 acres from Parcel 27 to Parcel B (now Parcels 43B and 43B1). This is
discussed under Parcel 26. This plat also transferred 8.5 acres from Parcel 26 to Parcel
A (now Parcel 43C) and transferred 5.5 acres from Parcel 43 to Parcel 26. As a result of
these transactions, the residue of parcel 43 contains 11.6 acres. The creation of a
residue of 11.6 acres used one (1) development right. Notes on the plat assigned the
residue one (1) development right. No other off -conveyances have occurred since this
transaction. As a result of these transactions, Parcel 43 contains 2 development rights.
Further, this plat used one (1) development right to reduce Parcel 43 to 11.6 acres
acres The plat allocated one (1) development right to Parcel B and one development
right to the residue of Parcel 43. Seven of the 10 development rights associated with
Parcel 43 and parcel 43A were not allocated. In order to credit these potential
development rights to particular parcels, the owners of all the parcels (32A, 43, 43B,
43131, 43C, and 26D1) shown on the plat must approve a plat showing the reallocation
of development rights.
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 at least two acres but
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 aright 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.
Young Determination
January 30, 2001
Page 5
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: McChesney Goodall, ACE Program Coordinator
Gay Carver, Real Estate,
Ella Carey, Clerk Board of Supervisors, Reading Files
Two additional parcels by tax map