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HomeMy WebLinkAboutLOD200500061 Letter of Determination 2017-07-17SOD Zoo 5 �o� I COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 9724126 February 15, 2005 Thomas B. Lincoln 671 Berkmar Circle Charlottesville, VA 22901 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 115, Parcels 13 & 14 and Tax Map 124, Parcels 1, 2, 5, 6, & 7 (Property of Riveroak Timberland Investments LP) Section 10.3.1 Dear Mr. Lincoln: 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 115, Parcel 13 is a separate parcel with two (2) development rights. Tax Map 115, Parcel 14 is a separate parcel with five (5) development rights. Tax Map 124, Parcel 1 is a separate parcel with zero (0) development rights. Tax Map 124, Parcel 2 is a separate parcel with five (5) development rights. Tax Map 124, Parcel 5 is a separate parcel with five (5) development rights. Tax Map 124, Parcel 6 is a separate parcel with five (5) development rights. Tax Map 124, Parcel 7 is a separate parcel with five (5) development rights. The basis for this determination is summarized as follows: TM-P Acreage Division rights for 21 acre minimum parcels Development rights T.M. 115 —13 32.246 1 2 T.M. 115 — 14 100 4 5 T.M. 124 — 1 96.630 4 0 T.M. 124 — 2 50.00 1 5 T.M. 124 — 5 114.5 4 5 T.M. 124 — 6 149.00 6 5 T.M. 124 — 7 105.26 4 5 Total 24 27 C 1ADEPTSCMDetermin of Parce11115-13 & 14 124-1 & 2 & 5 & 6 & 7 Riveroak.doc Thomas B. Lincoln February 15, 2005 Page 2 Tax Map 115, Parcel 13 Our records indicate Tax Map 115, Parcel 13 contains 32.246 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 1886, page 291. The most recent deed for this parcel recorded prior to me adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book Deed Book 657, page 799 and is dated October 23, 1978. This deed conveyed 61.344 acres from W. M. Spradlin to Milton S. Smith and Julia C. Smith. The property is described as a portion of the property conveyed to the Grantor by the deed recorded in Deed Book 258, page 500. The property is designated as Lot 1 on a plat by Robert L. Lum dated October 10, 1978. Based on this deed, this 61.344-acre parcel is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 1038, page 722, dated March 16, 1989, conveyed 61.344 acres from Milton S. Smith and Julia C. Smith to Joseph A. Black and James R. Wilson. The property is further described as being the same property in all respects as was conveyed by the deed of record in Deed Book 657, page 799. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1616, page 532, dated June 4, 1997, conveyed 32.246 acres from Joseph A. Black and James R. Wilson to Joseph A. Black. The property is shown on a plat by Robert L. Lum, dated April 10, 1996 that shows the subdivision of Tax Map 115, Parcel 13. The subject property is designated as Lot 1A containing 32.246 acres. The plat notes that Parcel 1A can be further divided into 3 lots provided that 1 lot is at least 21 acres. On the basis of this transaction, Parcel 13 contains 32.246 acres and two (2) development rights. Deed Book 1798, page 512, dated February 5, 1999, contains a Deed of Exchange between Bear Island Timberlands Company, L.L.C. and Joseph A. Black. As a part of this transaction, Bear Island Timberlands L.L.C. acquired the 32.246-acre parcel conveyed to Joseph A. Black by the deed of record in Deed Book 1616, page 532. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1874, page 667, dated October 21, 1999, conveyed 11 tracts from Bear Island Timberlands L.L.C. to Virginia Forest Investments, LLC. Among these is Tract AB-039, conveyed to Joe Black by the deed recorded in Deed Book 1798, page 512. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia Forest investments, L.L.C. to Riveroak Timberland Investments, LP. Among these is Tract AB-039 (Joe Black), described as containing 32.246 acres as shown on the plat 1ADEPTISUSTetermin of Parce11115-13 & 14 124-1 & 2 & 5 & 6 & 7 Riveroak.doc Thomas B. Lincoln February 15, 2005 Page 3 recorded in Deed Book 1616, page 534. This transaction had no effect on the legal status or development rights of the parcel. Tax Map 115, Parcel 14 Our records indicate Tax Map 115, Parcel 14 contains 100 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 1886, page 291. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book Deed Book 308, page 413 and is dated December 17, 1953. This deed conveyed 100 acres from John Golding and Nellie Irene Golding to Continental Can Company, Inc. The property is designated as Lot 3 on a plat of survey by Carroll Gillispie, C.L.S, made on the 1st, 2nd and 3rd days of December, 1953, a copy of which is attached. On the basis of this deed, Tax Map 115, Parcel 14, is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P. Among these parcels was the 100-acre parcel conveyed by the deed of record in Deed Book 308, page 413. This transaction had no effect on the legal status or, development rights of the parcel. Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear Island Timberlands Company, L.L.C. to Virginia Forest Investments, LLC. Among these parcels was the tract acquired from John Goldings by the deed of record in Deed Book 308, page 413. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract AB-016 (John Goldings) described as containing 100 acres as shown on the plat by Carroll Gillispie, C.L.S., recorded in Deed Book 308, page 413. This transaction had no effect on the legal status or development rights of the parcel. Tax Map 124 Parcel 1 Our records indicate Tax Map 124, Parcel 1 contains 96.630 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 1886, page 291. This analysis begins with the deed of record in Deed Book 137, page 472 that is dated July 14, 1908. This deed conveyed 323 acres from W. G. Farish to W. E. Carter and J. 1. Carter. The property is shown on a plat dated July, 1908 made by Hugh F. Simms, I:IDEPTSUSTetennin of ParceAl15-13 & 14124-1 & 2 & 5 & 6 & 7 Riveroak.doc Thomas B. Lincoln February 15, 2005 Page 4 Deputy for John T. E. Simms, S. A. C. The plat shows that the parcel was situated on both sides of the Woodridge & Scottsville Road. Deed Book 324, page 1, dated May 11, 1956, conveyed, at auction, a tract from George Gilmer, Commissioner to Continental Timberlands Corporation. The property is described as being that acquired by W. G. Farish by the deed of record in Deed Book 137, page 472. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 398, page 213 and is dated March 20, 1964. This deed conveyed 0.53 acres from Continental Can Company, Inc. to the Commonwealth of Virginia. The land is described as being a portion of the lands acquired from the Grantor by the deed recorded in Deed Book 324, page 1. As a result of this transaction Parcel 7, contained 322.47 acres. On the basis of this deed is determined that this 322.47-acre tract is a record with five (5) development rights. Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P. Among these parcels was the 323-acre parcel conveyed by the deed of record in Deed Book 137, page 472. This transaction had no effect on the legal status or development rights of Tax Map 124, Parcel 1. Deed Book 1108, page 152 contains a Certificate of Plat. The plat by Roger W. Ray, dated May 14, 1990 and approved on June 15, 1990 divided the portion of Tax Map 124, Parcel 1 located on the western side of 618 into 6 lots. These are now designated as Parcels 11 B, 11 C, 11 D, 11 E, 11 F and 11 G on Tax Map 115. The plat noted that Lots 1 thru 6 may not be further divided. The plat also noted that the residue parcel lying Southeast of St. Rt. 618 may be further divided into 5 lots less than 21 acres each. These 10 development rights were allocated in accord with Sanford v. Board of Zoning Appeals of Albemarle County. That case held that rights of way operated to divide parcels. At the time this subdivision was approved the property was treated as if it were two separate parcels of record, divided by Route 618. These six lots on the western side of Route 618 are not included in the land that is the subject of this determination. The acreage of the property located on the eastern side of Route 618 was not indicated on the plat. As a result of this transaction, the residue of Parcel 1, located on the east side of Route 618 retained five development rights. Deed Book 1661, page 141 contains a Certificate, dated December 2, 1997, from the State Corporation Commission that Bear Island Timberlands Company, L.P. was converted to Bear Island Timberlands Company, L.L.C. Deed Book 1761, page 178 contains a plat by Roger W. Ray & Assoc., Inc. dated August 20, 1998, showing the creation of Lots 1 through 7, a portion of Tax Map 124, Parcel 1. These are now identified as Parcels 13E, 13F, 13G, 13H on Tax Map 115 and Parcels 1A and 18 on Tax Map 124. This plat used the five development rights of Tax 1ADEPMCMDetermin of Parce11115-13 & 14 1241 & 2 & 5 & 6 & 7 Riveroak.doc Thomas B. Lincoln February 15, 2005 Page 5 Map 124, Parcel 1. As a result of this transaction, the residue of Parcel 1 contained 145.96 acres and zero development rights. Deed Book 1811, page 461 contains a Certificate of plat dated April 26, 1999. The plat by Roger W. Ray & Assoc., Inc. revised on March 25, 1999 shows the creation of Lot 8, containing 49.33 acres, a portion of Tax Map 124, Parcel 1. No development rights were conveyed to Lot 8. As a result of this transaction, the residue of Parcel 1 contained 96.63 acres and zero development rights. Deed Book 1840, page 369 contains a plat by Roger W. Ray & Assoc., Inc. dated May 6, 1999, showing the creation of Lots 8 and 8A, a portion of Tax Map 124, Parcel 1. These are now identified as Parcels 13J and 13J1 on Tax Map 115. These two parcels utilized no development rights. This transaction had no effect on the legal status or development rights of Parcel 1. Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear Island Timberlands Company, L.L.C. to Virginia Forest Investments, LLC. Among these parcels was the tract acquired from W. E. Carter and J. I. Gilmer by the deed of record in Deed Book 137, page 472 LESS AND EXCEPT the 14 parcels described above on the plats recorded in Deed Book 1108, page 152, Deed Book 1761, page 178 and Deed Book 1840, page 369. This transaction had no effect on the legal status or development rights of Parcel 1. Deed Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract AB-022 (Gilmer -Carter), described as containing 323 acres. This is the property shown on the plat recorded in Deed Book 137, page 474, less and except the off -conveyances described above. This transaction had no effect on the legal status or development rights of Parcel 1. Tax Map 124 Parcel 2 Our records indicate Tax Map 124, Parcel 2 contains 50.000 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 1886, page 291. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book Deed Book 308, page 413 and is dated December 17, 1953. This deed conveyed 100 acres from John Golding and Nellie Irene Golding to Continental Can Company, Inc. The property is shown on a plat of survey by Carroll Gillispie, C.L.S, made on the 1st, 2"a and 3 days of December, 1953, a copy of which is attached. The plat also shows a tract containing 50 acres and identified as the Liddie Wray Tract (now J. F. Hill). On the basis of this deed, Tax Map 124, Parcel 2, is determined to be a parcel of record with five (5) development rights. 1ADEPTI13CMDeteanin of Parce11115-13 & 14 124-1 & 2 & 5 & 6 & 7 Riveroak.doc Thomas B. Lincoln February 15, 2005 Page 6 Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P. Among these parcels was the 50-acre parcel designated as the Liddie Wray Tract acquired by John Golding and Nellie Irene Golding by the deed of record in Deed Book 308, page 413. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear Island Timberlands Company, L.L.C. to Virginia Forest Investments, LLC. Among these parcel was the tract designated as the Liddie Wray Tract acquired by John Golding and Nellie Irene Golding by the deed of record in Deed Book 308, page 413. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract AB-015 (Liddie Wray), described as containing 50 acres and as being the property designated as "Liddie Wray Tract (now J. F. Hill) 50A." This transaction had no effect on the legal status or development rights of the parcel. Tax Maa 124. parcel 5 Our records indicate Tax Map 124, Parcel 5 contains 114.50 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 1886, page 291. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book Deed Book 344, page 404 and is dated October 15, 1958. This deed conveyed 114.5 acres from K. E. Jones and Nettie F. Jones to Continental Can Company, Inc. The property is shown on a plat by T W. and Paul Saunders dated September 1958 attached to this deed. On the basis of this deed, Tax Map 124, Parcel 5, is determined to be a parcel of record with five (5) development rights. Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P. Among these parcels was the 114.5-acre tract shown on the plat attached to the deed recorded in Deed Book 344, page 404. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear Island Timberlands Company, L.L.C. to Virginia Forest Investments, LLC. Among these parcels was the 114.5-acre tract shown on the plat attached to the deed recorded in Deed Book 344, page 404. This transaction had no effect on the legal status or development rights of the parcel. 1ADEPT BUSkDetermin of Parcel1115-13 & 14 124-1 & 2 & 5 & 6 & 7 Riveroak.doc Thomas B. Lincoln February 15, 2005 Page 7 Deed Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract AB-029 (Jones), described as containing 114.5 acres and as shown on the plat by T. W. and Paul Saunders dated September 1958 attached to Deed Book 344, page 404. This transaction had no effect on the legal status or development rights of the parcel. Tax Map 124. parcel 6 Our records indicate Tax Map 124, Parcel 6 contains 149.00 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 1886, page 291. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 374, page 417 and is dated December 18, 1961. This deed conveyed eight parcels from Barnes Lumber Corporation to Continental Can Company, Inc. Among these is Parcel A-4 (Polly Moon Tract). It is described as containing 149 acres as shown on a plat by Carroll Gillispie C.L.S., dated August 18, 1958, which is recorded on page 429 with this deed. It was formerly described as containing 140 acres. On the basis of this deed, Tax Map 124, Parcel 6, is determined to be a parcel of record with five (a) development rights. Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P. Among these parcels was the 149-acre tract shown on the plat attached to the deed recorded in Deed Book 374, page 417. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear Island Timberlands Company, L.L.C. to Virginia Forest Investments, LLC. Among these parcels was the 149-acre tract shown on the plat attached to the deed recorded in Deed Book 374, page 417. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract AB-033 (Barnes -Polly Moon), described as consisting of 149 acres as shown on the Carroll Gillispie plat recorded in Deed Book 374, page 417. This transaction had no effect on the legal status or development rights of the parcel. Tax Map 124parcel 7 Our records indicate Tax Map 124, Parcel 7 contains 105.26 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 1886, page 291. 1ADEFRBUMetermin of Parce11115-13 & 14 124-1 & 2 & 5 & 6 & 7 Riveroak.doc Thomas B. Lincoln February 15, 2005 Page 8 The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book Deed Book 374, page 579 and is dated December 13, 1961. This deed conveyed 131.2 acres from William M. Mayo and Mary L. Mayo to Continental Can Company, Inc. The property is shown on a plat by Alan S. Tayloe, C.L.S., dated November 1961 that is recorded with this deed. On the basis of this deed, Tax Map 121, Parcel 7, as shown on the Tayloe plat is determined to be a parcel of record. Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P. Among these parcels was the131.2-acre parcel shown on the plat by Alan S. Tayloe attached to the deed of record recorded in Deed Book 374, page 579. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1839, page 293, dated June 4, 1999, conveyed 25.94 acres from Bear Island Timberlands Company, L.L.C. formerly Bear Island Timberlands Company, L.P. to Lillian J. Spradlin and Jeffrey E. Spradlin. The parcel is described as being a portion of the same real estate conveyed by the deed recorded in Deed Book 914, page 698. The property is designated as Lot X on a plat by Rivanna Engineering and Surveying, Inc., last revised on April 14, 1999. The plat notes there are 5 development rights remaining with Parcel 7. No development rights are assigned to Lot X. As a result of this transaction Parcel 7 contained 105.26 acres and five (5) development rights. Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear Island Timberlands Company, L.L.C. to Virginia Forest Investments, LLC. Among these parcels was the 131.2-acre parcel shown on the plat by Alan S. Tayloe attached to the deed of record recorded in Deed Book 374, page 579, LESS AND EXCEPT 25.94 acres conveyed in Deed Book 1839, page 293. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract AB-038 (W. M. Mayo), described as containing of 131.2 acres as shown on the Alan S. Tayloe plat recorded in Deed Book 374, page 579, LESS AND EXCEPT 25.94 acres conveyed in Deed Book 1839, page 293. This transaction had no effect on the legal status or development rights of the parcel. 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, the tracts may create as many parcels containing a minimum of 21 acres as they have land to create. 1ADEFRBUSTetermin of Parcel1115-13 & 14 124-1 & 2 & 5 & 6 & 7 Riveroak.doc Thomas B. Lincoln February 15, 2005 Page 9 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: Riveroak Timberland investments LP One Commerce Square Suite 2100 Memphis, TN 38103 Gay Carver, Real Estate Department Reading Files 1ADEPTOUSOetermin of Parcel1115-13 & 14 124-1 & 2 & 5 & 6 & 7 Riveroak.doc