HomeMy WebLinkAboutLOD201800019 Letter of Determination 2019-01-16AL
L�RGIsk,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
January 16, 2019
Zachary & Tara Edelberg
15197 Broadmoor Lane
Orange VA 22960
Fax (434) 972-4126
RE: LOD2018-000019 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 03700-00-00-005133 and Parcel ID 03700-00-00-005135
(Property of ZACHARY AUGUST EDELBERG & TARA ANN ELEANOR EDELBERG)
Rivanna Magisterial District
Dear Mr. & Mrs. Edelberg:
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 Parcel ID 03700-00-
00-005133 is comprised of one (1) parcel of record, with five (5) theoretical development rights;
and that Parcel ID 03700-00-00-005135 is comprised of one (1) parcel of record, with three (3)
theoretical development rights. The basis for this determination follows.
Albemarle County Real Estate Assessment records indicate Parcel ID 03700-00-00-005133
contains 18 acres" and zero (0) dwellings, and Parcel ID 03700-00-00-005135 contains 52.95
acres' and zero (0) dwellings. The property is zoned Rural Areas (RA).
Parcel IDs 03700-00-00-005133 and 03700-00-00-005135 were previously determined to be
separate parcels of record as part of official determination LOD2017-00034 (Goodloe), made
January 30, 2018, which is attached and incorporated herein. This prior determination identified
both the 18.00 acres (now Parcel ID 03700-00-00-005133) and 93.58 acres (now Parcels 03700-
00-00-005134 and 03700-00-00-005135) as being separate parcels of record. Since that
determination, no subsequent conveyances have affected the five development rights retained
by the 18.00-acre parcel that is now Parcel ID 03700-00-00-005133.
By contrast, the subsequent subdivision of the 93.58 acres into Parcels 03700-00-00-005134 and
03700-00-00-005135 has affected the remaining development rights of those parcels, as noted
below:
Parcel ID 03700-00-00-005135 (52.95 acres)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
5018 / 563
02/27/2018
Y
...ALL THAT CERTAIN tract or parcel of
93.58
4
land... containing 40 acres, more or less,
-
-
designated as "Lot B" and more particularly
40
1
described on a plat of survey... attached
hereto and recorded herewith.
The plat of survey shows a residue of
approximately 53.58 acres remnaining
53.58
3
after the 40 acres is divided.
January 16, 2019
LOD-2018-00019
Page 2 of 3
Parcel ID 03700-00-00-0051133 (18 acres) and Parcel ID 03700-00-00-0051135 (52.95 acres)
5066 / 71
06/20/2018
N
...all that certain tract or parcel of land...
70.95
containing 70.95 acres and more particularly
described on a plat of survey entitled
Parcel
"Boundary Survey Plat 70.95 acres, Tax Map
5133
37 Parcels 5133 and 5135..."
18
5
This deed is for the sale of 70.95 acres.
Parcel
The 70.95 acres is comprised of two
5B5
separate parcels, Parcel 51133 and Parcel
52.95
3
51135. Parcel 51133 is the 18 acre parcel
noted in LOD2017-00034 and has 5
development rights.
The new survey of the boundary of the
two parcels identifies a total of 70.95
acres. Without a survey of the entire
boundary of the 18 acres it is assumed
that it is still 18 acres and the remaining
portion of the surveyed 70.95 acres is
52.95 acres. This does not change the
development rights noted for each
parcel.
The above deed notes the allocation of one of the four development rights previously
determined to be part of the 93.58 acres, thus leaving three development rights with the
approximately 53.58 acre residue.'
As a result:
Parcel ID 03700-00-00-005B3 is determined to be one (1) parcel of record,
Approximately 18.00 acres+'-, containing five (5) development rights.
and
Parcel ID 03700-00-00-005B5 is determined to be one (1) parcel of record,
Approximately 52.95 acres`-, containing three (3) development rights.
The parcels are 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
of record 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.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of
this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this
determination shall be final and un-appealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with Chapter 18, Section 34.3 of the Albemarle
County Code, along with a fee of $258 plus the actual cost of advertising the appeal for public
hearing.
' A later survey established that parcels 5133 and 5135 together totaled 70.95 acres. If Parcel
03700-00-00-005B3 is in fact 18 acres, the remaining portion of the surveyed 70.95 acres would
be 52.95 acres. This size discrepancy would not affect Parcel 03700-00-00-005B5's three
remaining development rights.
January 16, 2019
LOD-2018-00019
Page 3 of 3
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Albemarle County Code. They may be reviewed online at
www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
If you have any questions, please contact me.
Sincerely,
i. _
Francis H. MacCall
Principal Planner
Attachments: Map delineating parcels of record
LOD2017-00034 Goodloe
Copy: Ches Goodall, ACE Program Coordinator
TMP
Acreage
Division rights for 21-acre minimum parcels
Development rights
03700-00-00-005133
18
0
5
03700-00-00-005135
52.95
2
3
LOD2018-00019 Edelberg
72 3`
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GIS-Web
Geographic Data Services
www.albemarle.org
(434)296-5632
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 30, 2018
Roger W Ray & Associates, Inc.
663 Berkmar Court
Charlottesville VA 22901
RE: LOD2017-000034 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 03700-00-00-00500 (Property of ALWYN EARLE
GOODLOE; MARY GOODLOE TENNANT; LEROY COMPTON; SUSAN GOODLOE
HOCKMAN; DONALD GILL & THERESA GILL BUTLER) Rivanna Magisterial District
Dear Mr. Ray:
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
Parcel ID 03700-00-00-00500 is comprised of three (3) parcels of record, with fourteen (14)
theoretical development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 03700-00-00-00500
contains 131.58 acres and one (1) dwelling. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 03700-00-00-00500, recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 206, page 519 dated November
2, 1929 and Deed Book 458, page 38 dated April 24, 1969 .
BEFORE DECEMBER 10, 1980
Parcel ID 03700-00-00-00500 (106.60 acre parcel of record and 20 acre parcel of record)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
80 / 244
04/04/1882
Y
...certain parcel or tract of land... according to the survey
and plat thereof made by J R Ferguson are numbered one
and two and are bounded and described as follows to wit:
No. One, ...containing one hundred six acres and six
106.60
tenths of an acre (106 6/10 acres) be the same however
more or less.
And tract Number two, ...containing twenty five acres (25
25
acres) be the same more or less
104 / 351
11 /14/1894
N
No 4, all that certain parcel or tract of land... containing
about one hundred and thirty one acres mentioned and
131
described in a certain Deed of conveyance being dated the
fourth day of April A.D. 1882...
January 30, 2018
LOD-2017-00034
Page 2 of 4
140 / 205
07/19/1909
Y
...that tract of land... containing five (5) acres, bounded as
25
follows: Beginning... containing 5 acres. A plat of said land
-
is hereto attached as part of this deed.
5
20
140 / 426
09/15/1909
N
...those two tract or parcels of land..., one hundred and six
and six tenths (106-6/10) acres... and twenty (20) acres of
106.6
woodland, being the remnant of twenty-five (25) acres...
&
five 5 acres having been conveyed therefrom...
20
161 / 302
11/22/1915
N
...all of said tracts or parcels of land believed to contain
together about one hundred and fifty (150) acres less said
B/w 145
five acres, the tracts hereby conveyed together believed to
&150
contain between one hundred and forty-five (145) and one
hundred and fifty (150) acres, be the same however, more
or less.
There are three parcels listed in the following
deeds as "land conveyed in... D.B. 80 p. 299...
106.6
(this is believed to be a typo and should have
been P 244 not 299, see above) (This is the
20
106.6 and 20ac) as well as all the land
conveyed... in... D.B. 83 p. 37 (this is the 18 ac).
18
The three parcels to contain between 145 and
150 acres more or less.
206 / 519
11/02/1929
...said tract or parcel of land,... and believed to contain
150
about 150 acres, more or less.
458 / 38
04/24/1969
Y
...a strip or parcel of land over the lands of the grantors
106.60
needed for the location and construction... of said road
-
Unknown
This deed is the taking of a 40' strip for the
acres for
ROW for Route 645. The acreage of the strip is
ROW
not identified. The taking affects multiple
=
parcels but appears to affect only the 106.60
Unknown
acres noted above.
residue of
106.60 acre
parcel
BEFORE DECEMBER 10, 1980
Parcel in 03700-004110-00500 (18.00 acre parcel of record)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
83/37
08/17/1883
Y
...a certain tract or parcel of land... containing eighteen
acres (18a) said tract or parcel of land is bounded and
18.00
described as follows to wit: Beginning ...to the beginning.
161 / 302
11 /22/1915
N
... all of said tracts or parcels of land believed to contain
together about one hundred and fifty (150) acres less said
B/w 145
five acres, the tracts hereby conveyed together believed to
&150
contain between one hundred and forty-five (145) and one
hundred and fifty (150) acres, be the same however, more
or less.
There are three parcels listed in the following deeds as
"land conveyed in... D.B. 80 p. 299... (this is believed to
106.6
be a typo and should have been P 244 not 299, see
above) (This is the 106.6 and 25ac) as well as all the
20
land conveyed... in... D.B. 83 p. 37 (this is the 18 ac).
The three parcels to contain between 145 and 150 acres
18
more or less.
January 30, 2018
LOD-2017-00034
Page 3of4
2061519 11/02/1929 said tract or parcel of land,... and believed to contain 150
about 150 acres, more or less.
AFTER DECEMBER 10, 1980
Parcel ID 03700-00-00-00500 (131.58 acres)
Deed
Date
Parcel Change
Description
Acres
Development
Book / Page
Y or N
Rights
3444 / 418
05/22/2007
Y
...that certain strip or parcel of land...
containing 0.75 of an acre shown as Parcel Y
122.35
5
on a plat... and...
-
-
... that certain strip or parcel of land...
0.75
0
containing 0.75 of an acre shown as Parcel X
+
+
on a plat...
0.75
0
The plat is a boundary line
123.10
5
adjustment between multiple parcels,
one being Parcel 5. The plat shows
an equal amount of acres exchanged
in Parcels X and Y.
3563 / 112
01/11/2008
Y
Certificate of plat showing a division of 6.00
123.10
5
acres leaving an approximate residue of 117.10
-
-
acres
6.00
1
117.10
4
4512 / 61
07/02/2014
Y
...ALL that certain lot or parcel of land,...
117.10
4
designated as Parcel X containing 0.77 acres,
-
-
as shown on a plat of survey.... Attached hereto
0.77
0
116.33
4
4962 / 718
04/28/2017
Y
...All that certain tract or parcel of land,...
136.33
containing 4.75 acres, more or less, more
-
particularly described as parcel Z on plat...
4.75
recorded with this instrument.
_
131.58
According to the County Assessors
records the 20.00 acres, noted above
and now determined to be a seprate
parcel of record, was never included
in the totals thus was added to the
116.33 acres after the 2008 division
of 6 acres. That would have brought
the assessed total to 137.10 acres.
This total was not used for the 0.77
acres BLA in DB 4512 P 61. That
said, the plat with this deed now
represents the total assessed
acerage as 131.58 acres.
The 131.58 acres is determined to be three
(3) separate parcels of record as follows:
93.58 acres+'-
93.58
4
20.00 acres+'-
20
5
18.00 acres+'.
18
5
January 30, 2018
LOD-2017-00034
Page 4 of 4
By these deeds
Parcel ID 03700-00-00-00500 is determined to be three (3) parcels of record, comprised of
the following:
Approximately 93.58 acres+'-, containing four (4) development rights,
Approximately 20.00 acres+'-, containing five (5) development rights, and
Approximately 18.00 acres+'-, containing five (5) development rights.
The parcels are 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 of
record 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.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of
this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this
determination shall be final and un-appealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the
Board of Zoning Appeals, in accordance with Chapter 18, Section 34.3 of the Albemarle County
Code, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Albemarle County Code. They may be reviewed online at
www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
If you have any questions, please contact me.
Sincerely,
Francis H. M cCall
Principal Planner
Attachment: Map delineating parcels of record
Copy: Sheila Conrad, Real Estate
Travis Morris, Senior Clerk of the Board of Supervisors
Owner:
ALWYN EARLE GOODLOE; MARY GOODLOE TENNANT; LEROY COMPTON;
SUSAN GOODLOE HOCKMAN; DONALD GILL & THERESA GILL BUTLER
2968 SUNNYSIDE LN
GORDONSVILLE VA, 22942
LOD2017-00034 Spotswood Goodloe Estate
Legend
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Map is for Display Purposes Only • Aerial Imageryfrom the Commonwealth of Virginia and Other Sources