HomeMy WebLinkAboutLOD202100011 Letter of Determination 2021-09-27�.i OF AL8
County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
September 27, 2021
Brian Ray
Roger W. Ray & Associates, Inc.
663 Berkmar Court
Charlottesville VA 22901
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434- 29 6 - 5 832
WWW.ALBEMARLE.ORG
RE: LOD2021-00011 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 00700-00-00-005900 (Properties of TABLETOP
MOUNTAIN 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 00700-00-00-005900 is comprised of three (3) parcels of record, each with a total of
five (5) theoretical development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 00700-00-00-005900
contains 58.62 acres and two (2) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 00700-00-00-005900, recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 462, page 632, dated August 29,
1969.
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
86 / 26
03/30/1885
Creation of
... a certain tract of land in Albemarle Co containing thirty
parcel
acres (30) with the following boundaries To wit: Beginning
30
at...
91 / 75
12/30/1887
Creation of
... all of that tract or parcel of land ... containing twenty five
parcel
and one half acres. It being a part of the landed estate of
25.5
the late William K. Garrison...
91 / 76
12/30/1887
Creation of
... all of that tract or parcel of land ... It being a part of the
parcel
tract of land owned by the late Wm K. Garrison
20
... containing twenty acres.
162 / 387
04/29/1916
N
...that certain tract or parcel of land said to contain thirty
acres (30) more or less being the same land deeded
30
... under date and recorded in the aforesaid county clerks
office Jan 1811,1886 ...
SEE DB 1487 P 477 for a description of a strip
30
of land between the current location of Route
-
810 and the old location of Route 810. A survey
0.51
of the strip of land in DB 1494 P 463 identifies
=
the area as 0.51 acres. The deeds calculations
29.49
from the deed below does not include this. The
calculations to the right account for the
reduction and all of the subsequent reductions
for an approximate area for the remaining
portion of the original 30-acre tract.
September 27, 2021
LOD-2021-00011
Page 2 of 5
256 / 411
03/18/1943
...the following three adjoining tracts or parcels of land, ...
N
(1) A tract of 25 1/2 acres, more or less, which was
25.5
conveyed ...in DB 91 P 75.
N
(2) A tract of 20 acres, more or less, ...in DB 91 P 76.
20
Y
(3) A tract of 30 acres, more or less, ... in DB 162 P
29.49
387, save and except a tract of 3 acres, more or
-
less, ...
3
26.49
336/455
04/12/1957
...three (3) adjoining tracts or parcels of land, ...described
as follows:
N
(1) A tract of 25 1/2 acres, more or less, which was
25.5
conveyed ...in DB 91 P 75.
N
(2) A tract of 20 acres, more or less, ... in DB 91 P 76.
20
N
(3) A tract of 30 acres, more or less, ...in DB 162 P
26.49
387, save and except a tract of 3 acres, more or
(29.49ao-3ac)
less, ...
345166
11/11/1958
Y
...all that certain tract or parcel of land ...containing one (1)
acre, more or less ...The property hereby conveyed is a
3
portion of a tract of land containing three (3) acres, more or
-
less, ...in DB 336 P 455,...
1
This deed and the deed in DB 442 P 268, noted
2
below, are being shown to provide the context of the
transfer and division of portions of the original 30-
acre tract noted above in DB 336 P 455.
384 / 003
11/23/1962
Y
...all that certain tract or parcel of land containing 11.50
26.49
acres ...shown on a plat ...attached hereto and made part
-
of this deed. Said tract of land is a portion a boundary of
11.5
land conveyed ...in DB 336 P 455, and is a portion of the
=
30 acres tract of land described in said deed as Parcel #3.
14.99
442/268
04/19/1968
Y
...all that certain tract or parcel of land ...designated as
Parcel "X", containing 0.67 acres, as shown on a plat
14.99
... hereto attached and recorded as part of this deed, being
+
a portion of the land conveyed ...by deeds ...in DB 345, P
0.67
66, and the other ...in DB 362 P 184.
_
15.66
The plat describes the following: "PARCEL "X"
CONTAINING 0.67 ACRES AND BEING PART OF
LAND PARCEL 7-59a AND 7-59b TO BE ADDED
TO LAND PARCEL 7-59..." Tax Map 7-59 is
shown on the plat as 72.V1- Ac.
This determination shows that the portion of
the 72.5 acres that the 0.67 acres is being added
to is the remaining portion of the 30 acres after
the 3 acres and the 11.5 acres were divided
from it. The calculations to the right identifies
the acreage.
462 / 632
08/29/1969
Y
All that certain tract or parcel of land ... containing 2.17
acres according to plat ...recorded herewith. ...said tract
15.66
being comprised of all of the land in Parcel X conveyed ...in
-
DB 442 P 268, with plat attached, and in part the land
2.17
conveyed ...in DB 336 P 455, reconveyed to the grantors
=
herein ... in DB 442 P 266.
13.49
September 27, 2021
LOD-2021-00011
Page 3 of 5
After December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Development
Book/Page
Y or N
Rights
720/062
06/30/1981
N
... all that certain tract or parcel of land
... containing 59.130 acres and being all of
59.130
the three parcels of land, which were
conveyed ...in DB 336 P 455; SAVE AND
13.63
5
EXCEPT, HOWEVER, two parcels
conveyed therefrom, to -wit: (A) 11.50 acres
20
5
conveyed ...in DB 384 P 3, and (B) 2.17
acres ... conveyed ... in DB 462 P 632.
25.5
5
As noted above there are three
separate parcels. The total of the
three is described as 59.13 acres.
59.13 - 20 - 25.5 = 13.63. The
math in DB 462 P 632 shows the
parcel to approximately have
13.49 acres remaining. The
difference between 13.49ac and
13.63ac of 0.14 acres is
considered to be within the
"more or less" description
throughout the previous deeds.
723 / 483
04/30/1981
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 720
P 062.
13.63
5
20
5
25.5
5
732 / 411
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 720
P 062; and by deed of correction ... in DB
13.63
5
723 P483.
20
5
25.5
5
737 / 016
04/09/1982
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 732
P411.
13.63
5
20
5
25.5
5
738 / 315
04/30/1982
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 737
P 016.
13.63
5
20
5
25.5
5
September 27, 2021
LOD-2021-00011
Page 4 of 5
1487 / 477
08/15/1995
N
This deed describes a portion of
what was the 30-acre tract lying
59.130
between the old State Route 810
and the new State Route 810. A
13.63
5
survey of the area was recorded
in DB 1494 P 463 and identifies
20
5
the area as being 0.51 acres.
With this deed the 0.51 acres was
25.5
5
clearly described as being owned
by the parcel south of Route 810,
Tax Map 7 Parcel 51.
14941463
09/26/1995
N
Recordation of a plat for a
BOUNDARY SURVEY OF 11.53
NA
NA
(TMP 7-51) ACRES & PARCEL Y
0.51 acres
2401 / 85
02/14/2003
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 738
P 315.
13.63
5
20
5
25.5
5
2602 / 71
09/24/2003
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 738
P 315.
13.63
5
20
5
25.5
5
33501388
12/20/2006
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 2602
P 71.
13.63
5
20
5
25.5
5
35411636
01/16/2008
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 3350
P 388.
13.63
5
20
5
25.5
5
4159 / 599
04/12/2012
N
... all that certain tract or parcel of land
... containing 59.130 acres; being the same
59.130
property which was conveyed ... in DB 3541
P 636.
13.63
5
20
5
25.5
5
September 27, 2021
LOD-2021-00011
Page 5 of 5
5534 / 142
04/21/2021
N
All that certain tract of land ...containing
59.130 acres more or less; BEING the same
59.130
property conveyed ...in DB 4159 P 599.
13.63
5
20
5
25.5
5
Based on these deeds;
Parcel ID 00700-00-00-005900 is determined to be three (3) parcels of record, comprised of
approximately 13.63 acres''-, containing five (5) development rights, approximately 20.00
acres'/-, containing five (5) development rights, and approximately 25.5 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 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 Albemarle County Code & 18-34.3, along with a fee
of $284. Additionally, a separate fee is required for the cost of providing notice and advertising of
the appeal for a public hearing. Applications for Appeal of the Zoning Administrator's
Determination are available at the Community Development Department office located at 401
McIntire Road, Charlottesville, Virginia 22902 or online at HERE. 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, and may be reviewed
HERE.
Please note that our online documents are in PDF format and must be viewed with a PDF reader.
A link to download a PDF reader of your choice is available at the bottom of the page HERE.
If you have any questions, please contact me.
Sincerely,
Francis H. MacCall
Chief of Zoning, Deputy Zoning Administrator
Attachment: Copy of map delineating parcel(s) of record and development rights.
LOD2021-00011 TMP 7-59
1)0e op Mtn III
(Note. Soon Items on map may not appear In legend)
Parcel Info
❑ Parcels
7-58 7-56C
25.5ac+/- 5DRs 20ac+/- 5DRs
17-56
13.63ac+/- 5DRs
7-55D
7-64
7-59D 7-59B
7-60 7-59CSyq 7-55A
376 ft2�
GIS-Web
Geem,r hen Data 3enlcea
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7-631
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My detemdnation oftop ]2pby or contours, or any deplNen of "mical Improvements, pmpely lines w NUMadere he for general Information only ant Mall cot In used for the design, modification, or mrmWNen of Improvements to real properly or for POM plain deM minahon.
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