HomeMy WebLinkAboutSUB201900095 Other 2018-08-31COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 31, 2018
Brian S. Ray
Roger W. Ray and Associates, Inc.
663 Berkmar Court
Charlottesville VA 22901
RE: LOD201800009 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 08600-00-00-01700 (Property of Israel's Gap
Community Fund LLC) Samuel Miller 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 08600-00-
00-01700 is comprised of one (1) parcel of record, with five (5) theoretical development rights.
The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 08600-00-00-01700
contains 427.63 acres and zero (0) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 08600-00-00-01700, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 662, page 385 dated
December 28, 1978.
Before December 10, 1980
Parcel ID 08600-00-00-01700 445.25 acre parcel of record
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
WB 20 / 190
10/2/1849
Y
...have divided the land ...belonging to the estate of Joseph
126
Grayson ... To William D. Grayson we have allotted...
together with one hundred and twenty six acres of mountain
land known as the Woodson Tract. Includes accompanying
recorded plat
This W.B. includes an accompanying recorded
plat and establishes the 126ac as a parcel
record.
131 / 227
9/11/1905
N
...all of that tract of land... adjoining the Miller Manual Labor
School Property... and containing Three Hundred and
Seventy Two (372) acres, the same, however, more or less.
372
This deed described land being given from
Austin Shelton to William A (W.A.) Shelton. It is
believed to be part of, or all of the land being
referenced in DB 259, P 259.
August 31, 2018
LOD201800009
Page 2
176 / 38
3/2/1921
N
...all of that certain tract or parcel of land... adjoining the
lands of W.A. Shelton and others, containing 126'/4 acres,
more or less ... is the same real estate conveyed to the said
L.J. Poats by Ella G. Poats by deed... DB 155, P 233. The
metes and bounds of said real estate are set out in full in
126.25
said deed. A plat of said tract or parcel of land is of record
in said Clerk's Office, with the division of the estate of
Joseph Grayson in WB 20, P 192.
This deed shows that W.A. Shelton acquires the
126.25ac parcel.
259/259
2/21/1944
Y
...all of that certain tract or parcel of land... adjoining the
Miller School property on the North and the Fox property on
372
the East, and consisting of 600 acres, more or less ... and
being the same real estate conveyed to the party of the first
+
part (W.A. Shelton) by his father, Austin Shelton, by deed
recorded in the Clerk's Office of the Circuit Court of
126.25
Albemarle County...
This deed describes the land as being 600ac,
more or less. When the land was given to John
498.25
A. Shelton, no wording in the deed describes
the 600ac as being multiple parcels and gives
no other description than just being the land
W.A. Shelton received from Austin Shelton.
By calculation the 126.25ac and the 372ac
would total 498.25ac.
282 / 138
1/11/1949
N
...all of that certain tract of land... adjoining the Miller School
property on the North; the Fox Bros. property on the East,
and consisting of six hundred acres, more or less, and
498.25
being the same property in every respect... conveyed to the
said John A. Shelton... in DB 259, P 259.
This deed maintains that the land is the same
W.A. Shelton granted John A. Shelton and
consistently describes it as being 600ac.
504 / 550
3/23/1972
N
Second:
...all those certain tract or parcel of land... containing
495.25 acres... being the same property in all respects
495.25
which was conveyed to R.A. Yancey by deed of John A
Shelton and Mary A. Shelton... in DB 282, P 138, being
described therein containing 600 acres more or less.
This deed corrects the previous calculation of
600ac, more or less, by establishing it as
495.25ac and describing it as being the exact
same land that was once described as 600ac,
more or less. This estimate is much closer to
the 498ac (372+126) that we know W.A. Shelton
owned at one point.
581 / 44
12/26/1974
N
...all of the property described in the first, second, third and
495.25
fourth paragraphs ... in DB 504, P 550.
August 31, 2018
LOD201800009
Page 3
662 / 385
12/28/1978
Y
...certain tract or parcel of land... containing 50.00 acres,
495.25
and being more particularly described on a plat made by
Robert L. Lum... dated September 21, 1978... as a part of
-
this deed.
This deed describes 50ac being sold which is
50
now TMP 86-17A and 86-17B.
Said property is a portion of the property conveyed to R.A.
Yancey .... in Deed Book 581, page 44, and is also a portion
445.25
of the tract of 495.25 acres conveyed R.A. Yancey by deed
of John A. Shelton and Mary A. Shelton... in DB 282 P 138.
Minus the 50 acres, the property is still the
same property W.A. Shelton originally granted
John A. Shelton.
After December 10, 1980
Parcel ID 08600-00-00-01700 (427.63 acre parcel of record)
Deed
Date
Parcel Change
Description
Acres
Development
Book/Page
Y or N
Rights
1082/85
12/29/1989
N
Parcel 1:
...the certain tract or parcel of land... containing
500 acres, more or less, and being the same
property in all respects as that conveyed to R.A.
Yancey by John A. and Mary Shelton... in DB
282, P 138.
445.25
5
Less:
...certain tract or parcel of land... containing
50.000 acres... described on a plat made by
Robert L. Lum... in DB 662, P 387, being the
same property conveyed to R.A. Yancey, Jr .... in
DB 662, P 385.
Because the 50ac were sold before
December 10, 1980 the parcel of
record became the remaining
445.25ac.
1349 / 230
10/6/1993
N
The attached plat, and courses and distances
description made by W. Morris Foster, certified
land surveyor ... of the lands of Yancey Land
427.63
5
trust... being the same land... in DB 1082, P 85
This survey and plat more accurately
describes the parcel as being
427.63ac.
4891 / 622
3/24/2017
N
...the certain tract or parcel of land ... shown on
a plat by W. Morris Foster, Land Surveyor,
dated October 30, 1992, last revised October 1,
1993... recorded in ... DB 1349, P 230
427.63
5
Being the same property... recorded in ... DB
1082, P 85.
August 31, 2018
LOD201800009
Page 4
05036 / 495
4/20/2018
N
...the certain tract or parcel of land... shown on
a plat by W. Morris Foster, Land Surveyor,
dated October 30, 1992, last revised October 1,
1993... recorded in ... D13 1349, P 230
427.63
5
...same properties conveyed... in ... DB 4891, P
622.
Based on these deeds;
Parcel ID 08600-00-00-01700 is determined to be one (1) parcel of record comprised of the
following:
Approximately 427.63 acres ", containing one (5) five development rights.
Because Deed Book 259, page 259, does not refer to the land as being separate pieces, and all
the further deeds describe it solely as being roughly 600 acres (then 500), there is not enough
evidence to show that these pieces are indeed separate parcels of record for this determination.
Additionally, the most recent full description prior to December 10, 1980 (in Deed Book 504,
page 550) confirms that the then 495.25 acre parcel (subsequently reduced by 50 records) was
a singular parcel of record as of December 10, 1980, the adoption date of the Zoning
Ordinance.
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
with which they are associated. 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.
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 § 34.3 of the Zoning Ordinance, 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 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.)
August 31, 2018
LOD201800009
Page 5
If you have any questions, please contact me.
Sincerely,
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcel of record
Copy: Travis Morris, Senior Clerk of the Board of Supervisors
ISRAEL'S GAP COMMUNITY FUND LLC
2100 DROVERS LN
NORTH GARDEN VA, 22959
LOD2018-00009 Israels Gap Community Fund LLC
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