HomeMy WebLinkAboutAP201900001 Action Letter 2019-05-07COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 7, 2019
Peter A Wiley
503 Faulconer Dr. Ste 6
Charlottesville, VA 22903
RE: AMENDED LOD2018-00023 — OFFICIAL DETERMINATION OF PARCEL OF RECORD
AND DEVELOPMENT RIGHTS — Parcel ID 01600-00-00-03000 (5833 Wesley Chapel Rd,
Property of Carrboro Limited Partnership) White Hall Magisterial District
Dear Mr. Wiley:
Issued on January 17, 2019, Letter of Determination LOD2018-00023 initially determined that
Parcel ID 01600-00-00-03000 was one (1) parcel of record, with four (4) theoretical
development rights. This initial Determination was based on the belief that Deed Book 647,
page 258 reflected a combination of five component parcels (described in the deed as Parcels
A-E, respectively) into a single parcel of record.
However, after further review of prior similar determinations, especially the Board of Zoning
Appeals' action in a 2001 appeal, AP2001-00011 (Mehring), I hereby find that Deed Book 647,
page 258 did not combine the five component parcels of Parcel 01600-00-00-03000 into a
single parcel of record. Specifically, Deed Book 647, page 258 was not a subdivision or
boundary line adjustment under the County's subdivision ordinance. Therefore, I am hereby
amending LOD2018-00023 accordingly.
After this further review of the title information for the above -noted property, it is the County
Attorney's advisory opinion and my official determination that Parcel ID 01600-00-00-03000 is
comprised of eleven (11) parcels of record, with fifty (50) theoretical development rights. The
basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 01600-00-00-03000
contains 822.78 acres and two (2) dwellings. The property is zoned Rural Areas (RA).
The most recent deed for Parcel ID 01600-00-00-03000, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 647, page 258 and is
dated May 25, 1978. In this deed, Parcel ID 01600-00-00-03000 is listed as five parcels: A-E.
May 7, 2019
Amended LOD2018-00023
Page 2
Before December 10, 1980
Parcel ID 01600-00-00-03000
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
647/258
5/25/1978
N
...all that certain tract or parcel of land... containing in the
aggregate 843.79 acres as shown on plat... attached hereto
Parcel A
and made a part of this deed. The property ... was
+
acquired... as follows:
Parcel B
Parcel A DB 382, p.375
+
Parcel B DB 382, p. 379
Parcel C
Parcel C DB 390, p. 340
+
Parcel D DB 463, p. 584
Parcel D
Parcel E DB 463, p. 568
+
Because Parcels A-E were not combined under the
Parcel E
County subdivision ordinance, they remain as separate
parcels. Furthermore, based on their source deeds
=
(described below), Parcels A-E may themselves be
more than a single "parcel of record."
843.79
Parcel A
Before December 10. 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
83 / 322
5/15/1884
Y
...a certain parcel or tract of land... containing by survey
120.4
120 4/10 acres ...more or less and bounded as follows...
Description of metes and bounds
This 120.4-acre parcel of record is one part ("A2") of
the 305.73 acre "Tract A" that is described in DB 382 /
375 and "Parcel A" in DB 647 / 258.
294 / 360
1/11/1951
Y
...that certain tract or parcel of land containing 178.5 acres
158.5
according to a plat and survey... attached to and recorded
with a certain deed ... in D.B. 215, page 84. From this
conveyance... there is expressly excepted a portion of
twenty acres, more or less, situated in the southernmost
part of the said tract as shown on the plat (further
description of the 20 acres) ... The property hereby
conveyed is in all of a tract of 178.5 acres excepting the
portion of twenty acres, more or less, described above...
This 158.5-acre parcel of record is one part ("Al") of
the 305.73 acre "Tract A" that is described in DB 382 /
375 and "Parcel A" in DB 647 / 258.
307 / 562
10/30/1953
N
...all that certain tract or parcel of land... containing 120.4
120.4
acres and being described by metes and bounds in a
deed... D.B. 83, p. 322.
366 / 7
2/13/1961
Y
...all that certain lot or parcel of land... containing
31
approximately 31 acres, more or less and is that portion of
a 174 acre tract of land which was conveyed... in Deed
Book 268, page 454... which lies on the east side of the
road... which was conveyed... in the aforesaid Deed Book,
This 31-acre parcel of record is one part ("AY) of the
305.73 acre "Tract A" that is described in DB 382 / 375
and "Parcel A" in DB 647 / 258.
May 7, 2019
Amended LOD2018-00023
Page 3
382/375
1/15/1962
...all that certain tract or parcel of land... more particularly
158.5
described ... on a plat ... labeled "Tract A." Said plat is
+
attached to and recorded with this deed. Said property is
120.4
the same in all respects as was conveyed... in Deed Book
+
294 page 360; deed... in Deed Book 307 page 562, and
31
deed... in Deed Book 366 page 7.
_
Plat shows Tract A being 305.73 acres. This is the same
309.9
"Parcel A" in DB 647 / 258.
647 / 258
5/25/1978
Y
...all that certain tract or parcel of land... containing in the
Al: 158.5
aggregate 843.79 acres as shown on plat... attached hereto
+
and made a part of this deed. The property ... was acquired
A2: 120.4
as follows:
+
Parcel A DB 382, p. 375
A3: 31
Parcel B DB 382, p. 379
=
Parcel C DB 390, p. 340
Parcel D DB 463, p. 584
Parcel A
Parcel E DB 463, p. 568
305.73
Parcel A is made up of three parcels of record (Al-A3)
that total 305.73 acres and is part of the aggregate of
843.79 acres conveyed in this deed.
Parcel B
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
333 / 357
12/18/1956
Y
...certain tract of land containing 65 acres, more or
65
less ... and being the remainder of tract No. 2 containing
71.4 acres that was conveyed... in DB 268 p. 179
382/379
10/1/1962
Y
...all that certain tract or parcel of land... containing 65.34
65.34
acres, more or less, more particularly described by metes
and bounds as "Tract B" on plat... attached to and recorded
with this deed. Said property is the same in all respects
which was conveyed... in Deed Book 333 page 357.
647 / 258
5/25/1978
N
...all that certain tract or parcel of land... containing in the
Parcel B
aggregate 843.79 acres as shown on plat... attached hereto
65.34
and made a part of this deed. The property ... was acquired
as follows:
Parcel A DB 382, p. 375
Parcel B DB 382, p. 379
Parcel C DB 390, p. 340
Parcel D DB 463, p. 584
Parcel E DB 463, p. 568
Parcel B is a 65.34-acre parcel of record that is a part of
the aggregate of 843.79 acres conveyed in this deed.
May 7, 2019
Amended LOD2018-00023
Page 4
Parcel C
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
118 / 380
10/19/1900
Y
...the following real estate... containing three acres ...more
3
or less... The 257-acre parcel is described in in Deed
Book 362 page 595 as being the residue of a 260-acre
257
tract.
This 257-acre parcel of record is one part ("Cl") of the
365.4 acre "Parcel C" in DB 647 / 258.
213 / 466
3/28/1931
Y
...that certain lot parcel or tract of land... containing 20
20
acres more or less. As described in Deed Book 362,
+
page 597 this 20-acres is the last of four parcels
63
divided from a larger 192-acre parcel that left a residue
of 63 acres.
362 / 595
8/5/1960
N
...that certain tract of land... containing 257 acres, more or
257
less... the description of said land being as set forth in the
afore mentioned deeds...
This deed describes an aforementioned deed (Deed
Book 118 page 380) where three acres is divided from
260 acres, leaving 257 acres.
362/597
8/31/1960
N
...two certain tracts of land... containing 20 acres, more or
less ["C2"], and 63 acres, more or less ["C3"], the
20
description of said lands being as set forth in the aforesaid
+
deeds and plats... [including Deed Book 213, page 466].
63
These 20-acre and 63-acre parcels of record are two
parts ("C2" and "C3", respectively) of the 365.4 acre
"Parcel C" in DB 647 / 258.
390 / 340
8/6/1963
N
...all that certain tract or parcel of land... containing 365.4
257
acres, more or less, more particularly described by metes
+
and bounds on plat... attached hereto... and being
20
composed of the following: (1) a tract... containing 257
+
acres, more or less, excepting one (1) acre reserved for
63
graveyard purposes.... in Deed Book 362, page 395... (2) all
=
those two parcels of land containing 20 acres, more or less,
365.4
and 63 acres, more or less ... in Deed Book 362 page 597
647/258
5/25/1978
N
...all that certain tract or parcel of land... containing in the
Cl: 257
aggregate 843.79 acres as shown on plat... attached hereto
+
and made a part of this deed. The property ... was acquired
C2: 20
as follows:
+
Parcel A DB 382, p. 375
C3: 63
Parcel B DB 382, p. 379
=
Parcel C DB 390, p. 340
Parcel D DB 463, p. 584
Parcel C
Parcel E DB 463, p. 568
365.4
Parcel C is made up of three parcels of record (C1-C3)
totaling 365.4 acres, more or less, and is part of the
aggregate of 843.79 acres conveyed in this deed.
May 7, 2019
Amended LOD2018-00023
Page 5
Parcel D
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
85 / 335
5/14/1884
Y
...a certain lot or parcel of land... bounded as follows...
8
Description of metes and bounds... the 8 acres to have
and to hold.
127 / 55
5/15/1915
Y
...all of the following real estate... supposed to be (10) ten
10
acres... more or less...
153 / 410
9/18/1913
Y
...the following real estate... containing four acres... more or
4
less...
297 / 464
10/27/1951
Y
...grant, bargain, sell, and convey ... the following described
property:
(1) All that certain lot or parcel of land containing 4.2
4.2
acres... more particularly described on plat... hereto
attached... being the same property in all respects... in D.B.
+
153, p. 410. ["D1"]
(2) All that certain lot or parcel of land containing eight
8
acres, more or less... being the same land in all
respects... in D.B. 85, p. 335, and which was conveyed... in
+
D.B. 270, p. 358. ["D2"]
(3) ....
10
(4) All that certain lot or parcel of land containing ten
acres, more or less ... and being the same land in all
=
respects... in D.B. 127, p. 55, and which was conveyed.... in
D.B. 270, p. 358. ["DY]
Reference is made to all of said deeds and said plat for a
more particular description of the property hereby
22.2
conveyed.
These 4.2-acre, 8-acre, and 10-acre parcels of record
are three parts ("D1 ", "D2" and "133", respectively) of
the 22.2 acre "Parcel D" in DB 647 / 258.
463 / 584
8/15/1969
N
...all that certain tract or parcel of land, containing 22.2
22.2
acres, more or less... designated as Parcels 31 and 32 on
County Tax Map 16, and being a portion of the property
conveyed... in D.B. 297, page 464.
647 / 258
5/25/1978
N
...all that certain tract or parcel of land... containing in the
D1: 4.2
aggregate 843.79 acres as shown on plat... attached hereto
+
and made a part of this deed. The property ... was acquired
D2: 8
as follows:
+
Parcel A DB 382, p. 375
D3: 10
Parcel B DB 382, p. 379
Parcel C DB 390, p. 340
Parcel D DB 463, p. 584
Parcel E DB 463, p. 568
Parcel D
Parcel D is made up of three parcels of record (D1-D3)
22.2
totaling 22.2 acres and is part of the aggregate of
843.79 acres conveyed in this deed.
May 7, 2019
Amended LOD2018-00023
Page 6
Parcel E
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
69/22
10/7/1866
Y
...Lot No 2 containing 77 Yz acres...
77.5
267 / 186
3/2/1946
N
...a tract of land... containing 77 1/2 acres, and designated
77.5
as lot 2 and being the same land allotted... by partition... in
Deed Book 69, page 22.
325 / 580
6/1/1954
N
...all that certain tract or parcel of land... containing 77 1/2
77.5
acres, and designated as Lot No. 2 and being the same
land allotted... by partition... in Deed Book 69, page 22.
The land... is the same... as that was conveyed... in Deed
Book 267, page 186.
463 / 568
9/5/1969
N
...that certain tract or parcel of land... containing 77.5 acres,
77.5
more or less, designated as Parcel No. 16-34 on the
County Tax Map and being the same land in all respects...
in Deed Book 325, page 580.
647/258
5/25/1978
N
...all that certain tract or parcel of land... containing in the
Parcel E
aggregate 843.79 acres as shown on plat... attached hereto
77.5
and made a part of this deed. The property ... was acquired
as follows:
Parcel A DB 382, p. 375
Parcel B DB 382, p. 379
Parcel C DB 390, p. 340
Parcel D DB 463, p. 584
Parcel E DB 463, p. 568
Parcel E is one parcel of record and is part of the
aggregate of 843.79 acres conveyed in this deed.
After December 10, 1980
Parcel ID 01600-00-00-03000
Deed
Book/Page
Date
Parcel
Change
YorN
Description
Acres
Development
Rights
854 / 633
10/8/1985
Y
...all that certain tract or parcel of land... containing
Parcel C1
Parcel C1
11.336 acres as shown on the attached plat ... This
is a portion of the property conveyed... in Deed
257 acres
5
Book 647, page 258.
-
-
The plat notes state the allocation of
11.336
1
development rights. One development right
=
was used to create this parcel. This
=
development right comes from what is referred
245.634
to as Parcel C in DB 647, page 258. Parcel C is
4
three parcels of record. The 11.336-acre parcel
appears to be subdivided from Parcel C1.
997 / 60
5/19/1988
Y
...all that certain tract or parcel of land... containing
Parcel C1
Parcel C1
9.674 acres as shown on the attached plat ... This is
a portion of the property conveyed... in Deed Book
245.634
4
647, page 258.
-
-
9.674 acres of land was added to that parcel
9.674
0
created in DB 854 / 633. Because no further
=
_
development rights were used, Parcel C1
235.96
4
retains 4 development rights and now contains
236 acres, more or less.
May 7, 2019
Amended LOD2018-00023
Page 7
1018 / 461
6/9/1988
N
...all that certain tract or parcel of land... more
See
See
particularly described as 822.78 acres, more or
below.
below.
less, being the 843.79 acres ... shown on a plat... in
Deed Book 647, page 261, less and except 11.336
acres conveyed... in Deed Book 854, page
633... and less and except 9.674 acres
conveyed... in Deed Book 997, page 60... This
property is a portion of the property... in Deed Book
647, page 258.
1584 / 308
12/12/1996
N
All that certain tract or parcel of land... particularly
See
See
described as 822.78 acres, more or less, being the
below.
below.
843.79 acres... shown on a plat... in Deed Book
647, page 261, less and except 11.336 acres
conveyed... in Deed Book 854, page 633... and less
and except 9.674 acres conveyed... in Deed Book
997, page 60... The Property conveyed herein is
the same property conveyed... in Deed Book 1018,
page 461.
Based on these deeds:
Parcel ID 01600-00-00-03000 is determined to be eleven (11) parcels of record, comprised
of the following:
Al - Approximately 158.5 acres+/-, containing five (5) development rights.
A2 - Approximately 120 acres+/-, containing five (5) development rights.
A3 - Approximately 31 acres+/-, containing five (5) development rights.
B - Approximately 65.34 acres+/-, containing five (5) development rights.
C1 - Approximately 236 acres+/-, containing four (4) development rights.
C2 - Approximately 20 acres+/-, containing five (5) development rights.
C3 - Approximately 63 acres+/-, containing five (5) development rights.
D1 - Approximately 4.2 acres+/-, containing two (2) development rights.
D2 - Approximately 8 acres+/-, containing four (4) development rights.
D3 - Approximately 10 acres+/-, containing five (5) development rights.
E - Approximately 77.5 acres+/-, containing five (5) development rights.
Each parcel is 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 contain less than twenty one acres allowed to be created by right. Additional lots of 21
acres or larger can be created.
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 unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with
a fee of $258. Additionally, a separate fee is required for the cost of providing notice and
advertising of the appeal for a public hearing.
May 7, 2019
Amended LOD2018-00023
Page 8
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 Zoning Ordinance. 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.)
Please contact me if you have questions or require additional information.
Sincerely,
Kevin McCollum
Planner
Authorized Designee of the Zoning Administrator
Attachment: Map delineating parcels of record and development rights.
Parcel ID 01600-00-00-03000: Eleven (11) Parcels of Record
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.16-25
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Parcels
Al: 158.5 acres +/-, 5 DRs
16-17
��,
Parcel A3
17-55
DB 382, pg 375 DB 294, pg 360 DB 215, pg 87
G�,P
31 acres
17
f0
A2: 120 acres +/-, 5 DRs
-1
a-,
17-26B
DB 382, pg 375 DB 307, pg 562 DB 83, pg 322
17-99
17-8 Q' i \
A3: 31 acres +/-, 5 DRs
DB 382, pg 375 DB 366, pg 7
16-33 7
s,
\ ir7-98
,
�: 65.34 acres +/-, 5 DRs
DB 382, pg 379 DB 333, pg 357
Parcel E
C ;
Parcel A2 17-60
Cl: 236 acres +/-, 4 DRs
77.5 Acres
17-8 B
120 acres 6
DB 390, 340 DB 362, 595 DB 80, 408
p9
363 597,
'
DB 854, pg DB pg 60
17-26D
`J
C2: 20 acres +/-, 5 DRs
r�
Parcel Al
47_g1
DB 390, pg 340 DB 362, pg 597 DB 215, pg 87
D3 6-33P
158.5 acres
C3: 63 acres +/-, 5 DRs
DB 390, pg 340 DB 362, pg 597
,��♦
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�' 17-9A NI
•.��D1
D1: 4.2 acres +/-, 2 DRS
D2
IN
17 63
DB 297, pg 464 DB 153, pg 410
D2: 8 acres +/-, 4 DRs
16-15A
fj
ma's
DB 297, pg 464 DB 85, pg 335
DI 10 acres +/-, 5 DRs
W
Parcel
DB 297, pg 464 DB 127, pg 55
16 -1
,-3 65.34 ace s 17-65
E: 77.5 acres +/-, 5 DRs
16-30
DB 463, pg 568 DB 69, pg 22
16-15 F
_
These parcel boundaries are estimates based on the
associated Deed descriptions and are intended for information
purposes only. This map is not a determination of parcel
671
Parcel C2
boundaries.
46 45A2
Parcel C1
236
20 acres
17 - \ 0 2
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www.albemarle.org
(434)296-583z
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 10, 2019