HomeMy WebLinkAboutLOD201900019 Letter of Determination 2019-11-06o� ar�F
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L�RGINIe,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
November 6, 2019
Brian S Ray
Roger W Ray & Associates, Inc.
663 Berkmar Court
Charlottesville VA 22901
Fax (434) 972-4126
RE: LOD2019-00019 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 00900-00-00-02000, Parcel ID 00900-00-00-020A0,
Parcel ID 00900-00-00-020A1, Parcel ID 00900-00-00-022E0, and Parcel ID 00900-00-00-
02100 (Property of THE VIRGINIA FARM LLC) White Hall Magisterial District
Dear Mr. Ray:
The County Attorney and I have reviewed the title information for the above -noted properties. It is
the County Attorney's advisory opinion and my official determination that
Parcel ID 00900-00-00-02000 is comprised of one (1) parcel of record, with a total of five (5)
theoretical development rights, Parcel ID 00900-00-00-020A0 is comprised of one (1) parcel of
record, with a total of four (4) theoretical development rights, Parcel ID 00900-00-00-020A1 is
comprised of one (1) parcel of record, with a total of five (5) theoretical development rights,
Parcel ID 00900-00-00-022EO is comprised of one (1) parcel of record, with a total of zero (0)
theoretical development rights, and Parcel ID 00900-00-00-02100 is comprised of portions of two
(2) parcels of record, one with seven (7) theoretical development rights and one with four (4)
theoretical development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 00900-00-00-02000
contains 71.02 acres and zero (0) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 00900-00-00-02000, recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 480, page 455 dated December
5, 1970.
The Albemarle County Real Estate Assessment records indicate Parcel ID 00900-00-00-020A0
contains 8.39 acres and zero (0) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 00900-00-00-020A0, recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 404, page 187 dated December
10, 1964.
The Albemarle County Real Estate Assessment records indicate Parcel ID 00900-00-00-020A1
contains 36.84 acres and zero (0) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 00900-00-00-020A1, recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 425, page 353 dated January 27,
1967.
November 6, 2019
LOD-2019-00019
Page 2 of 9
Before December 10, 1980
Parcel IDs 00900-00-00-02000 (71.02ac), 00900-00-00-020A0 (8.39ac), &
00900-00-00-02OA1 36.84ac
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
101 / 073
06/02/1894
N
...all of that certain tract or parcel of land... containing one
hundred and sixteen and one fourth acres it being a portion
116.25
of the land conveyed... Beginning at...
172 / 426
02/27/1920
N
...all of that tract or parcel of land... containing one hundred
and sixteen and one fourth acres, it being the land
116.25
conveyed... in DB 101 P 73.
344/313
10/21/1958
N
...TRACT NO. 1: All that certain tract or parcel of
land... containing 116'/4 acres, more or less and is the same
116.25
in all respects which was conveyed... in DB 172 P 423.
404 / 187
12/10/1964
Y
...all that certain tract or parcel of land... containing 8.39
116.25
acres more particularly designated and described by
-
plat ... hereto attached, and being a portion of a tract of 116
8.39
'/4 acres conveyed... in DB 344 P 313.
_
107.86
The 8.39 acres is now Parcel ID 00900-00-00-020A0
425 / 353
01/27/1967
Y
...all that certain tract or parcel of land... containing 36.84
107.86
acres, more particularly designated and described by
-
plat ... hereto attached, and being a portion of a tract of 116
36.84
'/4 acres conveyed... in DB 344 P 313.
_
71.02
The 36.84 acres is now Parcel ID 00900-00-00-02OA1
480 / 455
12/05/1970
N
...all those two certain tracts or parcels of land ... one of
which lies in Albemarle County Virginia, and the other in
71.02
Green County, Virginia... The tract of land lying in
Albemarle County... is the remainder of the 116'/ acre
tract, more or less, after conveying ...8.39 acres... in DB
404 P187, and... 36.84 acres... in DB 425 P 353.
The Albemarle County Real Estate Assessment records indicate Parcel ID 00900-00-00-022EO
contains 40.60 acres and zero (0) dwellings. The property is zoned RA, Rural Areas.
There is no deed for Parcel ID 00900-00-00-022E0, recorded before the December 10, 1980,
adoption of the Zoning Ordinance, because the parcel was created after 12/10/80 from a parcel
described in Deed Book 628, page 601 dated August 17, 1977.
Before December 10, 1980
Parcel ID 00900-00-00-022EO
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
484 / 636
03/09/1971
N
...ALL that certain tract or parcel of land... containing 262.2
262.2
acres, more or less...
628 / 601
08/17/1977
N
...do hereby make partition ... as follows:
1....all those two certain tracts or parcels of land more
262.20
particularly described as follows:
Parcel A: All that certain tract or parcel of land, containing
87.12 acres, more or less ... all the rest of the residue...
87.12
Parcel B: All that certain tract or parcel of land, containing
-
25 acres, more or less...
25
November 6, 2019
LOD-2019-00019
Paqe 3 of 9
2....all that certain tract or parcel of land... containing
-
34.73 acres, more or less.
34.73
3....all the rest of the residue... consisting of 115.35
=
acres, more or less, and being all of the said 262.2
acres, more or less, less and except, however, the three
parcels hereinabove conveyed.
115.35
The 115.35 acres is the parent parcel of the 40.60
acres Parcel ID 00900-00-00-022EO that is divided
off of the 115.35 acres in DB 825 P 380 as noted
below.
After December 10, 1980
Parcel IDs 00900-00-00-020A0, 00900-00-00-020A1, 00900-00-00-02000, 00900-00-00-022EO
Deed
Parcel
Development
Book/Page
Date
Change
Description
Acres
Rights
YorN
825 / 380
12/31/1984
Y
...all that certain tract or parcel of land,
...containing 40.60 acres, more or less, fully
described by a plat thereof..., hereto attached and
40.60
0
recorded as a part of this deed... being a portion of
the property conveyed... in DB 628 P 601...
3538 / 78
12/17/2007
N
...hereby grant and convey... the real estate
described as follows...
See Schedule "A" Attached Hereto
Albemarle County TMP 00900-00-00-020A0:
...containing 8.39 acres... in DB 404 P 187.
8.39
4
Albemarle County TMP 00900-00-00-020A1:
...containing 36.84 acres... in DB 425 P 353.
36.84
5
Albemarle County TMP 00900-00-00-02000:
...containing 71.02 acres... in DB 480 P 455.
71.02
5
4047 / 115
06/17/2011
N
...hereby give, grant and convey... the following
described real estate...
SEE SCHEDULE A ATTACHED HERETO AND
MADE A PART HEREOF
All that certain lot or parcel of land, ...containing
40.60
0
40.60 acres, more or less...
5065 / 544
06/27/2018
N
...hereby grant and convey... the following
described real estate...
SEE SCHEDULE A ATTACHED HERETO AND
MADE A PART HEREOF
Parcel One:
... Albemarle Tax Map 00900-00-00-020A0:
8.39
4
...containing 8.39 acres... in DB 404 P 187.
November 6, 2019
LOD-2019-00019
Page 4 of 9
Parcel Two:
36.84
5
... Albemarle Tax Map 00900-00-00-020A1
...containing 36.84 acres... in DB 425 P 353.
Parcel Three:
71.02
5
... Albemarle Tax Map 00900-00-00-02000
...containing 71.02 acres... in DB 425 P 353.
Being the same property conveyed... in DB 3532 P
78
Parcel Five:
40.60
0
...Albemarle Tax Map 00900-00-00-022E0
... containing 40.60 acres... in DB 825 P 380
The Albemarle County Real Estate Assessment records indicate Parcel ID 00900-00-00-02100
contains 134.98 acres and one (1) dwelling. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 00900-00-00-02100, recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 382, page 98 and 99 dated
September 21, 1962.
Before December 10, 1980
Parcel ID 00900-00-00-02100 69ac, 15ac and 60ac
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
262 / 114
01/02/1945
Y
...those two certain tracts or parcels of land... containing 69
acres, more or less, and the second tract of land...
69
containing 15 acres, more or less,... and being the
remainder of said larger tract of land containing 144 acres
15
conveyed... after deducting therefrom the conveyance of
even date herewith... of 60 acres, more or less.
262 / 115
01/02/1945
Y
...partitioned said tract of land** and by this deed Wilmer
Herring and Mary Alice Herring, his wife, are to be
60
conveyed the fee simple title to 60 acres, more or less...
**Referenced as a 144-acre tract
382 / 98
09/21/1962
N
...those two certain tracts or parcels of land... containing in
the aggregate 84 acres, more or less and the first tract...
69
containing 69 acres more or less, and the second tract of
land... containing 15 Acres, more or less... conveyed in...
15
DB 262 P 114.
382 / 99
09/21/1962
N
...all that certain tract or parcel of land, ...containing 60
Acres, more or less, and being a part of a larger tract
60
containing 144 Acres, more or less, which was conveyed...
inDB262P115.
November 6, 2019
LOD-2019-00019
Page 5 of 9
After December 10, 1980
Parcel ID 00900-00-00-02100 & Parcel ID 00900-00-00-022C3
Deed
Parcel
Development
Book/Page
Date
Change
Description
Acres
Rights
YorN
2338 / 23
12/09/2002
Y
All that certain tract or parcel of land... containing
20.42 acres, more or less,...
The plat included with this deed is a boundary
line adjustment that adds 15.94ac of a 36.36ac
15.94
2
parcel to the adjacent parcel that is part of this
determination. The plat assigned 3
+
+
development rights to the 20.42ac and 2
development rights to the 15.94ac. TMP 9-21 is
144
identified as being a total of 159.95ac after the
(69
5
addition of the 15.94ac.
The plat does not mention development rights
on Parcel 21. The breakdown at the rights is
15
5
part of this determination of the multiple
parcels of record that make up the 144ac
+
+
identified in DB 382 P98 and P 99. The 144ac =
69ac + 15ac + 60ac and the development rights
60)
5
for each portion of the 144ac are noted in the
column to the right.
_
159.95
2374 / 422
12/16/2002
N
All that certain tract or parcel of land... containing
15.94 acres, more or less, and more particularly
SEE
SEE
described as Parcel X on a plat of
ABOVE
ABOVE
survey... attached to a deed... preceding this
Deed...
2698 / 1
02/27/2004
Y
CERTIFICATE OF PLAT
15.94
2
This plat shows a 2.79ac portion of what is now
+
+
determined to be the lower half of the 15ac
parcel of record being added to an adjacent
69
5
portion and assigning 1 development right to
the 2.79ac leaving a 157.16ac residue, when it
+
+
actually a residue of 12.21ac.
15-2.79
5-1
The plat was assuming that a portion of the
=
_
157.16ac residue had 6 remaining development
12.21
4
rights (2 with the 15.94ac and 4 with the what
would have been calculated to be 141.22ac).
+
+
As noted above and underlined to the right, the
parcel consists of 3 separate parcels of record
60
5
and a 15.94ac portion added in DB 2338 P 23.
157.16
November 6, 2019
LOD-2019-00019
Pape 6 of 9
3354 / 20
01/18/2007
Y
CERTIFICATE OF PLAT
15.94
2
This plat shows a 3.27ac portion and a 3.15ac
portion of what is now determined to be the
+
+
lower half of the 15ac parcel of record being
added to an adjacent portion and assigning 1
69
5
development right to the 3.27ac and 1
development right to the 3.15ac leaving a
+
+
150.74ac residue, when it actually is a residue
of 5.79ac.
12.21 -
4 -
3.27 - 3.15
1 - 1
The plat was assuming that a portion of the
=
_
150.74ac residue had 4 remaining development
5.79
2
rights (2 with the 15.94ac and 2 with the what
would have been calculated to be 134.80ac).
+
+
As noted above and underlined to the right, the
parcel consists of 3 separate parcels of record
60
5
and a 15.94ac portion added in DB 2338 P 23.
150.74
3379 / 286
03/09/2007
N
Deed updated date on plat
-
-
3578 / 326
01/25/2008
Y
DEED OF SIGHT DISTANCE EASEMENT
15.94
2
This deed includes the approved subdivision
plat creating Lot G (NOW Parcel ID 00900-00-
+
00-022C3), a 14.70ac tract. Lot G is
determined to consist of portions of two
69
parcels of record, the remaining 5.79ac portion
5
of the original 15ac parcel noted above and an
-
8.91ac portion of what is determined to be a
-
portion of the 60ac parcel of record. A 1.05ac
5.79
portion of the 60ac was added to LOT F on the
+
2
plat. By calculation this would leave 50.04ac
8•91
+
remaining of the original 60ac tract.
=
1
(14.70 - 5.79 = 8.91ac)
14.70
=
(60 - 8.91 - 1.05 = 50.04ac)
(2 C39-
3
The plat states that the 14.70ac was assigned
+
one development right, and the residue
+
(134.98ac) retains three development rights
within the original Parcel 21 and may only be
60
7.09 acres if ever utilized to create an additional
5
lot. This is determined to be incorrect.
8.91
_
-
1
The new property line established along Estes
1.05
_
Ridge separated the 14.70ac and was known at
0
that time to need one development right to be
50.04
=
created, thus was assigned one development
4
right from Parcel 21. It is being determined
with this letter that the 14.70ac contains
portions of two parcels of records; one portion
of 8.91ac with one development right and the
134.98
11
other portion of 5.79ac with two development
(5+2+4)
rights. At that time, it was not yet determined
that Parcel 21 was comprised of multiple
parcels of record and the owner properly
allocated one development right to the 14.70ac
and the noted residue retained three
development rights, and by signing the plat the
November 6, 2019
LOD-2019-00019
Paqe 7 of 9
owner understood that one development right
from Parcel 21 was being allocated to the
14.70ac, thus it is determined that one
development right remains with the 8.91ac and
the 50.04ac residue retains four development
rights. This revises the total development
rights for the 14.70ac to three (2 with the 5.79ac
and 1 with the 8.91ac), and the approximate
50.04ac residue South of the Lynch River
retains four development rights.
At the time of the subdivision, the development
right was understood to come from Parcel 21;
thus, one development right must remain with
the 8.91 ac. If reallocation of development
rights is desired, then that may be
accomplished with a revision of the final plat
that must be submitted for review.
NOTE: The reference to no further division of
the 14.70ac no longer applies since the parcel
now has three development rights. This means
that the parcel may be further divided.
4047 / 115
06/17/2011
N
...hereby give, grant and convey... the following
described real estate...
SEE SCHEDULE A ATTACHED HERETO AND
MADE A PART HEREOF
All that certain lot or parcel of land, ...containing
134.98
11
134.98 acres, more or less...
SEE ABOVE FOR
This deed was a transfer from persons to a trust
BREAKEDOWN
and had no effect on the development rights
outlined above for each of the parcels of record
that make up the referenced 134.98ac.
5065 / 544
06/27/2018
N
...hereby grant and convey... the following
described real estate...
SEE SCHEDULE A ATTACHED HERETO AND
MADE A PART HEREOF
Parcel Four:
... Albemarle Tax Map 00900-00-00-02100
134.98
11
...containing 134.98 acres, more or less,...
SEE ABOVE FOR
This deed was a transfer from a trust to an LLC
BREAKEDOWN
and had no effect on the development rights
outlined above for each of the parcels of record
that make up the referenced 134.98ac.
November 6, 2019
LOD-2019-00019
Page 8 of 9
Based on these deeds;
Parcel ID 00900-00-00-02000 is determined to be one (1) parcel of record, comprised of
approximately 71.02 acres+/-, containing five (5) development rights.
Parcel ID 00900-00-00-020A0 is determined to be one (1) parcel of record, comprised of
approximately 8.39 acres+/-, containing four (4) development rights.
Parcel ID 00900-00-00-020A1 is determined to be one (1) parcel of record, comprised of
approximately 36.84 acres+/-, containing five (5) development rights.
Parcel ID 00900-00-00-022EO is determined to be one (1) parcel of record, comprised of
approximately 40.60 acres+/-, containing zero (0) development rights.
Parcel ID 00900-00-00-02100 is determined to be two (2) parcels of record, comprised of
the following portions:
North of Lynch River
One (1) parcel, comprised of approximately 84.94 acres+/-, and containing seven (7)
development rights within the following portions of the property
Approximately 69.00 acres+/-, containing five (5) development rights, and
Approximately 15.94 acres+/-, containing two (2) development rights.
South of Lynch River but North of Route 806 Estes Ridge
One (1) parcel, comprised of approximately 50.04 acres+/-, containing four (4)
development rights.
Parcel ID 00900-00-00-022C3 is included in this determination since the development right
allocation noted on the plat in DB 3578 P326 has been altered by this determination.
Parcel ID 00900-00-00-022C3 is determined to be one (1) parcel, comprised of
approximately 14.70 acres+/-, and comprised of the following portions:
Northern portion containing approximately 8.91 acres+/-, containing one (1)
development right.
Southern portion containing approximately 5.79 acres+/-, containing two (2)
development right.
The 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 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.
November 6, 2019
LOD-2019-00019
Page 9 of 9
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.)
If you have any questions, please contact me.
Sincerely,
Francis H. MacCall
Principal Planner
Attachment: Maps delineating parcels of record and development right allocation
Copy: Sheila Conrad, Real Estate
Travis Morris, Senior Clerk of the Board of Supervisors
Owner: TMP 9-20, 20A, 20A1, 21, and 22E Owner: TMP 9-22C3
The VIRGINIA FARM LLC JOHN B FIERY REVOCABLE TRUST &
4021 GLENWICK LANE DIANN R FIERY REVOCABLE TRUST
DALLAS TX, 75205 PO BOX 298
CHARLOTTESVILLE VA 22902
TM 9-20, 20A & 20A1
Legend
(Note: Some items on
map may not appear in legend)
Parcel Info
❑ Parcels
9-19
71.02ac
5 DRs
9-20A
36.84ac
5 DRs
9-22A3
Y
9-20A
9-21
9-22A4
8.39ac
10-2
4 DRs
9-22 B
�D
600 ft
9-22A
+~'r
OI. ACBF
+O_/
� 1
GIS-Web
Geographic Data Services
www.albemade.org/gis
—/e.
(434)296-5832
Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination.
Map elements may scale larger than GIS data measured in the map ores provided on the data download page due to the projection used. Map Projection: WGS84 Web Mercator (Auxiliary Sphere) (EPSG 3857)
TMP 9-21 North of Lynch River 84.94 Acres
Legend
(Note: Some items on map may not appear in legend)
�1
Parcel Info
❑ Parcels
9-20A1
9-20
9-20A
N
N
CI
84.94ac
9-22A 9-22B
7 DRs
see allocation below
10-3
15.94ac 69.00ac
2 DRs 5 DRs
9-22D
50.04ac
700 ft ,
4 22E
South of Lynch River 10-4
40.60ac 4 DRs J
y�� A�eF
;_ ur Geographic DatbServices
9-221
0 DRs
? www.albemade.org/gis
���RG[ (434)296-5832
Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination.
Map elements may scale larger than GIS data measured in the map or as provided on the data download page due to the projection used. Map Projection: WGS84 Web Mercator (Auxiliary Sphere) (EPSG 3857)
TMP 9-21 South of Lynch River & TMP 9-22E
9-2,
Legend
(Note: Some items on map may not appear in legend)
84.94ac
North of Lynch River
Parcel Info
❑ Parcels
7 DRs
9-22 D
10-3
9-221
9-21
50.04ac
4 DRs
1 a -2
10-4
40.60ac
0 DRs
9-32A
14.70ac consists of portions of
two parcels. An 8.91 ac portion
and a 5.79ac portion. The 8.91 ac
portion is that part with 1 DR.
The 5.79ac portion is that part
with 2 DRs.
10-2 B
8.91 ac
1 DR
10-5A
U
9-22C 9-22C2 14.70ac 3 DRs
10-513 o
See allocation
9-33
14-5C
9-22C3
10-5C1
a
10-5C2 10-5C3
M
10-5D
10-2A
9-34B
c,
9-22C 1
1 a-5
a �
5.79ac
19-1 B 19-1 D
Al9F
600 ft 2 DRs
18-29
19-1 E
2y
,� Ili � GIS-Web
Geographic Data Services
9 -21 C
19 -1 A 19 -1
www.albemade.org/gis
19-1'6
,1xct (434)296-5832
Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination.
Map elements may scale larger than GIS data measured in the map or as provided on the data download page due to the projection used. Map Projection: WGS84 Web Mercator (Auxiliary Sphere) (EPSG 3857)