HomeMy WebLinkAboutLOD200600001 Letter of Determination 2017-07-17LOOZO06GXDI
YIRGiN�P
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
Beth Powell
Frank Hardy, Inc.
417 Park Street
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 6, Parcels 24 & 25B (Property of Donna R. Frantzen) Section 10.3.1
Dear Ms. Powell:
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 6, Parcel 24 has one (1) theoretical development right. Tax Map 6, Parcel 25B
has two (2) theoretical development rights that are located within the bounds of the
5.302-acre parcel shown on a plat of record in Deed Book 578, page 252. There are no
development rights associated with the 26.2196-acre tract shown on the plat of record
in Deed Book 1078, page 485. The basis for this determination follows.
Our records indicate Tax Map 6, Parcel 24 contains 2.1 acres and 1 semi-public
structure. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 2724, page 320.
Our records indicate Tax Map 6, Parcel 25B contains 31.521 acres, 1 dwelling, 1
dwelling in a residential group structure and 2 semi-public structures. The property is
not in an Agricultural and Forestal District. The most recent recorded instrument for this
property is recorded in Deed Book 2827, page 266.
This analysis begins with an analysis of the deed of record in Deed Book 578, page 249
that this dated July 1, 1975. The deed conveyed 3 parcels from George E. Fisk to
Kenneth R. Redden and Hebe R. Redden. The parcels are described as follows:
First: A parcel containing 2.1 acres shown on a plat of R.O. Snow & Associates
dated July 15, 1975 attached to this deed.
Second: A parcel containing 5.302 acres shown on a plat of R.O. Snow &
Associates dated July 18, 1975 attached to this deed.
1ADEMBUMDetermin of Parcel1200M - 25B & 24 Frantzen.doc
-Beth Powell
February 15, 2006
Page 2
Third: A parcel containing approximately 160 acres conveyed to the Grantor by
the deed of record in Deed Book 409, page 418 after the off conveyance of
Parcels A & B and a 30-acre parcel by the deed of record in Deed Book 555,
page 647.
This deed established these 3 parcels as parcels of record.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book, 610, page 625 and dated
December 14, 1076. The deed conveyed 4 parcels from Kenneth R. Redden and Hebe
R. Redden to Louis R. Redden, George J. Redden, Francesca B. Redden and Bianca
R. Colt. The first, second and third parcels are described as being the same parcels
conveyed by the deed of record in Deed Book 578, page 249. The fourth parcel,
containing 10 acres is not part of this determination. On the basis of this deed, the
160-acre parcel is a parcel of record with five (5) development rights.
Deed Book 675, page 41, dated July 5, 1979, conveyed 2 parcels from Louis Redden &
Mary Jane Redden, George Redden & JIII Redden and Francesca Redden to Adventure
Bound, Inc. The property is described as follows:
First: A parcel containing 2.1 acres shown on a plat of R.O. Snow & Associates
dated July 15, 1975 and recorded in Deed Book 573, page 251.
Second: A parcel containing 5.302 acres shown on a plat of R.O. Snow &
Associates dated July 18, 1975 and recorded in Deed Book 573, page 252.
On the basis of this deed the 2.1-acre parcel is a parcel of record with one (1)
development right and the 5.302-acre parcel is a parcel of record with two (2)
development rights.
Deed Book 1075, page 110, dated September 26, 1989, conveyed approximately 160
acres from George J. Redden, Louis R. Redden, Francesca B. Redden, and Bianca R.
Colt to George M. Coles, Jr. The property is described as being a portion of the property
conveyed to the Grantors by the deed of record in Deed Book 610, page 625, and
therein numbered "Third." This transaction had no effect on the development rights
of the 160-acre parcel.
Deed Book 1078, page 485, dated November 30, 1989, conveyed 26.2196 acres from
George M. Coles, Jr. to Adventure Bound, Inc. The property is shown on a plat by Gary
Whelan, C.L.S., dated November 14, 1989 and is further described as being a portion of
the property conveyed by the deed of record in Deed Book 1075, page 110. The plat
notes that the subject parcel is to be added to and become a part of T.M. 6 — 25B. The
plat notes that no division rights are transferred with the 26.2196 acres. The plat notes
the residue contains 134 acres. The plat also notes that T.M. 6 — 25 is to be added to
and become a part of T.M. 6 — 40 and that Parcel 40 contains 152 acres. This trans-
action had no effect on the 2.1-acre parcel designated as T.M. 6-24. T.M. 6-25B,
containing 31.521 acres is comprised of the original parcel of record
I:IDEPTIBCZSIDetermin of ParceIV00616 - 25B & 24 Frantzen.doc
Beth Powell
February 15, 2006
Page 3
containing 5.302 acres and the 26.2196-acre portion of the original Parcel 25. The
new parcel, designated as Parcel 25B contains two (2) development rights within
the original 5.302-acre parcel. There are zero development rights associated with
the 26.2196-acre portion of this parcel.
Deed Book 1263, page 562, dated October 20, 1992, conveyed 3 parcels from
Adventure Bound, Inc. to Julie E. Hughens, Sharon Custer Love and Donna R.
Frantzen. Parcel One is described as containing 2.1 acres and by reference to Deed
Book 578, page 251. Parcel Two is described as containing 5.302 acres and by
reference to Deed Book 578, page 252. Parcel Three is described as containing
26.2196 and by reference to Deed Book 1078, page 488. This transaction had no
effect on the development rights of the 2 parcels.
Deed Book 1453, page 658, dated January 9, 1995 contains a deed of Assumption. The
deed conveyed percentages of interest in 3 parcels from Julie E. Hughens, Sharon
Custer Love and Donna R. Frantzen to Sharon Custer Love and Donna R. Frantzen,
Phyllis Lynne Colman and Deborah Anne Atno-Shelton. The 3 parcels are separately
described as containing 2.1 acres, 5.302 acres and 26.2196 acres and are further
described as being the same parcels conveyed to the Grantors by the deed of record in
Deed Book 1263, page 562. This transaction had no effect on the development
rights of the 2 parcels.
Deed Book 2724, page 320, dated July 2, 2002, conveyed all of the interest in 3 parcels
of Sharon Custer -Boggess (formerly Sharon Custer Love) to Pamela Bosworth. The
property is described as being the same as was conveyed by the deed of record in
Deed Book 1463, page 658. This transaction had no effect on the development
rights of the 2 parcels.
Deed Book 2734, page 29, dated April 14, 2004, conveyed 3 parcels from Sharon
Custer Boggess, Donna R. Frantzen and Deborah Anne Atno-Shelton to Donna R.
Frantzen. The 3 parcels are separately described as containing 2.1 acres, 5.302 acres
and 26.2196 acres are further described as being the same parcels conveyed by the
deed of record in Deed Book 1453, page 658. This transaction had no effect on the
development rights of the 2 parcels.
Deed Book 2827, page 266, dated April 7, 2004, conveyed all of the interest in 3 parcels
from Pamela Bosworth to Donna R. Frantzen. The property is described as being the
same as was the subject of deed of record in Deed Book 2724, page 320. This
transaction had no effect on the development rights of the 2 parcels.
The parcel is entitled to the noted development rights if all other applicable regulations
can be met. These development rights may only be utilized within the bounds of the
original parcel with which they are associated. 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, the parcel may create as many smaller parcels containing a minimum of
twenty-one acres as it has land to make.
1ADEPTOCMDetermin of Parcei1200616 - 25B & 24 Frantzen.doc
Beth Powell
February 15, 2006
Page 4
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,
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Donna Frantzen
6656 Mountain Light Place
Crozet, VA 22932
Enclosed: Plat showing 2.1-acre parcel
Plat showing 5.302-acre parcel
Plat showing 26.2196-acre parcel combined with a total of 7.402 acres
Letter dated November 22, 2004
Letter dated March 2, 2005
1ADEPTOCMDetermin of Parcelh200M - 25B & 24 Frantzen.doc
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone 434 296-5$32 1=ax 434 972-4128
November 22, 2004
Donna Frantzen
6656 Mountain Light Place
Crozet, VA 22932
VIA FACSIMILE 434-977-3298
Re: Tax Map 6, Parcel 25B
Dear Donna:
I wanted to follow-up our telephone conversation from Friday and our meeting with Yadira
Amarante on November 18`h, with this letter. I also understand that you have asked me to write
a letter that you can use for prospective purchasers that would inform them about development
rights and limitations on this property.
The first issue relates to possible subdivision of this property. As we mentioned, this property
(tax map 6, parcel 25B) consists of 31.521-acres. This parcel was created with a plat by
surveyor, Gary Whelan, which was approved by the County on November 29, 1989. By this plat,
7.402 acres of former parcel 25B (with 3 development rights) was combined with 26.2196 acres
of former parcel 25 (with 0 development rights).
There is an existing building on this parcel which has been used as a conference center. In
addition, your single-family home is under construction with building permit 2004-4406 SF. You
have mentioned that you intend to sell the majority of parcel 25B and that you will subdivide your
new home off of this property with a parcel of minimal size.
Each dwelling unit and 1 or each parcel requires eithor 21 acres in land area or a development
right with a minimum of 2.0 acres. A deve!opment right is required for each parcel of less than
21 acres. Development rights cannot be transferred between parcels. the development rights
associated with this parcel originate from the 7.402 acres of former parcel 25B. The issue for
subdividing arises from the fact that the house is being built on the portion of the property on
which there are no development rights.
I will share three options that I see you have:
1. Create a parcel of 21 acres to include your new home; or
2. Obtain a development right from the owner of parcel 25. That will allow you to create a
parcel of less than 21 acres where your house is being built, in former parcel 25, It will
be necessary, to do a new plat which revises the 1989 plat in which no development
rights were conveyed with the 26.2196 acres of former parcel 25; or
Page 2
Letter to Donna Frantzen TM fi, Parcel 25B
November 22, 2004
3. If you chose to create a parcel of less than 21 acres for your new home, it will require the
use of one of the development rights from the 7.402 acre portion of former parcel 25B.
To utilize that development right, your parcel must include a minimum of 2.0 acres from
former parcel 25B.
The second issue I wanted to mention relates to the culvert and driveway in the floodplain. As
we mentioned, this 1989 Gary Whelan plat and the flood plain maps show there is floodplain
along all of the road frontage for this property. You mentioned that you have put in a culvert and
driveway east of the "existing entrance road" shown on the plat. Any culverts and/or fill in the
floodplain require a special permit from the Board of Supervisors. We mentioned that you
should contact a surveyor who may be able to check the actual 100-year floodplain elevation.
The floodplain line which is shown on your plat is probably interpolated from the FIRM maps. It
is possible that more detailed analysis, including establishing elevations for your driveway, may
find that the driveway and associated fill and culvert are above the flood elevation.
Because this may technically be a zoning violation which we have missed in approving the
building permit, I encourage you to resolve it as soon as possible. It is important to resolve it
before you request a certificate of occupancy for your house, if not sooner. If your surveyor finds
that the fill and culveit are in the floodplain, we can set up a preapplication conference for your
special permit application.
Once you have considered all of your options and have chosen a surveyor, we will be happy to
meet again to discuss them. I hope this is somewhat clearer to have in writing. Please contact
me with further questions.
Sincerely,
Amek(3.cCulley, I.C.P.
Zoning Administrator
Cc: Keith Lancaster
Yadira Amarante
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 229024596
Phone (434) 296-5832 - Fax (434) 972-4126
March 2, 2005
Donna Frantzen
6656 Mountain tight Place
Crozet, VA 22932
VIA FACSIMILE 434-977-3298
Re: Official Determination - Flood plain limits with respect to new entrance on
Tax Map 6, Parcel 25B
Dear Donna:
This is to follow-up on our prior telephone conversation about the location of the new driveway
entrance for your new home, with respect to the 100 year flood plain (also known as the flood
hazard overlay district or FHOD). Jack Kelsey, County Engineer, has determined that the new
entrance culvert is not within the FHOD. Therefore, a special use permit is not required for this
culvert structure and fill.
Please see the attached sketch by Jack Kelsey showing the interpolated limits of the flood zone
(FHOD). As listed in the footnote, his interpolation is in accordance with "Managing Floodplain
Development in Approximate Zone A Areas," FEMA, April 1995. His determination is being
provided per § 30.3.02.2 of the Albemarle County Zoning Ordinance.
By copy of this letter, I am officially informing Keith Lancaster that the certificate of occupancy for
your home (building permit #2004-4406 SF) does not need to be held as mentioned in my
previous letter of November 22, 2004. In the future, please also contact the County prior to
obtaining an entrance permit and installing a new entrance.
Because the zoning requirements for subdividing your property remain a confusing subject, I will
include further discussion. It is my understanding that you wish to subdivide the land on which
your new home is located with a small lot (218cres or so) to leave as large a residue as possible
to sell off separately.
Your parcel (parcel 2513) was created with a plat by Gary Whelan dated November 14, 1989 and
approved for recordation by the County on November 29, 1989. By this plat, 26.2196 acres from
adjoining parcel 25 owned by George Coles (with no development rights) was added to 7.402
acres (with development rights). The land from the George Coles property was added to parcel
25B as acreage only. No development rights were conveyed to your parcel and the
development rights remained with the residue of the Coles property. I also understand that by
later survey, the 7.402 acres (original parcel 25B) was found to amount to 5.3 acres instead of
7.402 acres. Each development right involves 2 acres of area. Therefore, your, parcel has either
2 or 3 development rights, depending on whether the original parcel 25B consists of
approximately 5 acres (512 acres = 2 development rights) or approximately 7 acres (712 = 3).
Donna t-rantzen
March 2, 2005
Page 2
These development rights "live" or reside in the original parcel 25B as shown in blue on the
enclosed plat. Under the Virginia Code, development rights may not be transferred from one
parcel to another, even when properties are combined such as was done here. I understand
how this may be a confusing and frustrating principle. While your 31 acres has 2 or 3
development rights, these development rights "live" in the original parcel 25B (shown in blue on
the enclosed plat).
Your new home was constructed on the 26.2196 acre portion of your 31.521 acre parcel. As
previously mentioned, there are no development rights on that land.
In order to divide your home off into a separate parcel with the smallest amount of acreage, it
must contain 2 acres from the original parcel 25B. Again, the development rights reside on that
property (original parcel 25B). The creation of a lot of less than 21 acres requires a
development right. A development right is a minimum of 2 acres of area.
An option for subdivision which does not involve or require development rights is to create a 21
acre parcel for your new home. A development right is not required to create a parcel of 21
acres or greater in size.
If you have further questions, please let me know. Once you consider your options and consult
a surveyor, please contact me. I will be happy to set up a meeting to include a Planner and
discuss the subdivision of your property.
l am including the appeal language from the State Code in order to finalize the determination
regarding location of your driveway culvert with respect to the floodplain limits. It is a Code
requirement and we do not anticipate your appeal.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) 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.
Sincerely,
&JQ® !r
iY. G �.
Amelia G. McCulley, A.. P.
Zoning Administrator
Enclosure
Cc: Keith Lancaster
Yadira Amarante
Reading file
�U VcsL'R/8ED hi -REIN IS WITH Tt L +'-REE CONSENT AND NN ACCORDANCE W/TH THE DESIRE OF ThE APPROVED FOR RECORDA TION
ES T O OWNER
UT RE POTENT DCVEL OPM£NT 15 TO 6E
l�THS EEMEDA- ThrCRET/C4L ONLY. ALL STATEMENTS AFFIXED TO
aTEI�E TRL.E'AM CORRECT TO TW BEST OF MY
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THE ABOVE APPEARED BEFORE ME:
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57C5. R'
» Y M• NI. GO 110 l�
GEp�G B 1p75 P. 625 I I've
1341 ANti RE3VUE P.S. 6j0 5MIECr PROPERTY ZONED R-A
SUBJECT PROPERTY 70 BE ADDED 70 AND BEGOA?£ A PAj?T
SUBDIVISION PLAT r., �6 PAR 25 70 BF ADDED TO AM 8ECW A PART OF
T.M. 6 PAR. 40.
AIO VI.
'ARCEL I - A DIVISION OF T.A(G PAR. 25 RETANNW31�,y GWRM6.21jT
aF LESST.M. 6 PAR. 25
SUBJECT PROPERTY Al4b RESA7UF EACH HAVE A'gqOOO
SO. FT. BLDG. SITE WTH LESS THAN 25Y. SLOPE
TA[6 PAR, 40 CONTANVS 152+ ACRES.
1 ITE HALL DISTRICT ANY CR=ING OF THE FLOOD PLAIN MUST OOWLY MTH
%LBEMARLE COUNTY, VIRGINIA SECTM 303 OF THE Z VM ORDWANCE
KALE : I" - 200' NOVEMBER 14. 1989
Gay M. W.11., r