January 8, 2004

 

Carlo Colombini

2660 Pinch Em Slyly Place

Charlottesville, VA 22911

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 47, Parcels 12A & 14 and Tax Map 62, Parcels 50F & 52 (Property of Carlo Colombini and Red Bud Land Trust) Section 10.3.1

 

Dear Mr. Colombini:

 

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 47, Parcel 12A is a separate parcel with one (1) development right.  Tax Map 47, Parcel 14 is a separate a parcel with five (5) development rights. Tax Map 62, Parcel 50F is a separate parcel with five (5) development rights. Tax Map 62, Parcel 52 is a separate parcel with five (5) development rights. The basis for this determination is summarized as follows:

 

Tax Map 47, Parcels 12A & 14

 

Our records indicate Tax Map 47, Parcel 12A contains 1.000 acre and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 527, page 389.

 

Our records indicate Tax Map 47, Parcel 14 contains 65.500 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 527, page 389.

 

The most recent deed for these two parcels recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 527, page 389 and is dated April 19, 1973. This deed conveyed between 60 and 65 acres from Charles Wm. Hurt to Carlo and Martha Ann Colombini. The property is described in part as containing between 60 and 65 acres in gross and not by the acre and designated on Tax Map 47 as Parcels 12A and 14. The deed also references a plat recorded in Deed Book 149, page 65 and an agreement that fixed a boundary line recorded in Deed Book 446, page 302. There have been no off conveyances since the recordation of this deed.

 

Based on this deed, Tax Map 47, Parcel 12A and Parcel 14 are determined to be parcels of record. Parcel 12A has one (1) theoretical development right. It is unlikely that this development right can be utilized because the entire parcel appears to be in the flood plain of the Rivanna River. Parcel 14 has five (5) theoretical development rights.

 

Tax Map 62, Parcel 50F

 

Our records indicate Tax Map 62, Parcel 50F contains 41.000 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 618, page 107.

 

The most recent deed for this property recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 618, page 107 and is dated April 15, 1977. This deed conveyed a tract from Charlottesville Associates to Carlo Colombini, Trustee for Red Bud Land Trust. The property is described in part as being all that certain lot or parcel of land, containing 41.02 acres, and more particularly described as Tract B on a plat prepared by Warren F. Wade C.L.S. dated December 26, 1968 and recorded in Deed Book 454, page 176. There have been no off conveyances since the recordation of this deed.

 

Based on this deed, Tax Map 62, Parcel 50F is determined to be a parcel of record with five (5) theoretical development rights.

 

Tax Map 62, Parcel 52

 

Our records indicate Tax Map 62, Parcel 52 contains 50.398 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 780, page 670.

 

This analysis begins with Deed Book 600, page 515. This is a Certificate of Plat signed on September 15, 1975.  The deed references two plats by B. Aubrey Huffman and Associates, both labeled Carlo Colombini Property, being parcel 52 on Sheet 62 and Parcels 1C and B on Sheet 63. The deed notes that these plats replace the previous plat by B. Aubrey Huffman dated June 7, 1966. However, only one of these plats was actually recorded. The recorded plat shows the location of Lots 1, 2 & 3 and the metes and bounds of the residue containing 97.24 acres.

 

Deed Book 611, page 459 contains a Certificate of Plat dated December 30, 1976. As noted above, the instrument recorded in Deed Book 600, page 515 included only one of the two plats intended for recordation. The plat recorded with this certificate is labeled The Carlo Colombini Property. The plat shows Lots 1, 2 and 3, all fronting on Route 20 and a residue containing 97.24 acres.

 

The preliminary plat for Redbud was approved on September 27, 1979 by the Planning Commission. The plat by Kurt Gloeckner, dated August 20, 1979, shows twenty 2-acre lots. The preliminary plat, as is customary, was not recorded.

 

Deed Book 780, page 670 contains a Declaration of Covenants, Conditions and Restrictions by Carlo and Martha Ann Colombini, dated October 27, 1983. The declaration applies to 46.842 acres, containing 20 lots, shown on a subdivision plat by Gloeckner & Lincoln attached to the Declaration. As a result of this subdivision the residue of Parcel 52 contained 50.398 acres. There have been no off-conveyances since the recordation of this deed.

 

On September 21, 1988 the zoning ordinance was amended to include the following provision: “For purposes of this section, any lot shown on a preliminary or final subdivision plat which was approved by the proper authority of the county in accordance with the law prior to the adoption of this ordinance, and which plat was subsequently recorded in due course, shall be deemed to be a lot of record at the time of the adoption of this ordinance.” Parcel 52 and the parcels comprising the Redbud Subdivision were subject to former Section 6.5.3. This provision was not included in the wholesale revision of the non-conforming provisions, adopted on June 14, 2000. However, these revisions did not undo Parcel 52’s status a “lot of record.”

 

On the basis of the approval of the Redbud Subdivision Preliminary plat prior to the adoption of the ordinance, the policy that was codified in the zoning ordinance in section 6.5.3 and the final plat that is recorded with this deed, it is determined that Parcel 52 is deemed to be a parcel of record with five (5) development rights.

 

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.

 

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:  McChesney Goodall, Coordinator of the ACE Program

    Gay Carver, Real Estate Department

               Ella Carey, Clerk Board of Supervisors

               Reading Files

 

TM-P

Acreage

Division rights for 21 acre minimum parcels

Development rights

TM 47-12A

  1.0

0

1

TM 47-14

65.5

2

5

TM 62-50F

41.0

1

5

TM 52-52

50.398

1

5

TOTAL

 

4

16

 

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