HomeMy WebLinkAboutLOD202200010 Letter of Determination 2022-08-05�.i OF AL8
County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
August 5, 2022
TIM L OR SHIRLEY Q TERRELL
1678 TERRELL FOREST LN
CHARLOTTESVILLE VA, 22903
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434- 29 6 - 5 832
WWW.ALBEMARLE.ORG
RE: LOD2022-00010 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 10100-00-00-02700 (Property of TIM L OR SHIRLEY Q
TERRELL) Samuel Miller Magisterial District
Dear Mr. and Mrs. Terrell:
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 10100-00-00-02700 consists of three (3) parcels of record: 1) an approximately 1.91-
acre parcel with one (1) theoretical development right, 2) an approximately 7.32-acre parcel with
three (3) theoretical development rights, and 3) an approximately 8.34-acre parcel with four (4)
theoretical development rights. The basis for this determination follows.
Albemarle County Real Estate Assessment records indicate that Parcel ID 10100-00-00-02700 is
17.41 acres with one dwelling. The property is zoned Rural Areas (RA).
The most recent deed for Parcel ID 10100-00-00-02700, recorded before the December 10, 1980
adoption of the Zoning Ordinance, is found in Deed Book 501, page 329, dated August 17, 1971.
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
...all that certain tract or parcel of land, ...containing two (2)
acres, be the same however, more or less, and more
201 / 070
09/20/1923
Y
particularly described as follows:... being a portion that said
2
tract of land that was conveyed ... by deed bearing date the
171h September, 1923, to be recorded contemporaneously
with this deed:
... all that certain tract or parcel of land, ...containing 10
acres, more or less, designated as Lot #1 on plat of
191 / 490
11/25/1925
Y
survey... dated November, 1925, and hereto attached and
10
described according to said survey as follows: ... and being
a part of the land conveyed ...in DB 189 P 427.
...all that certain lot or parcel of land, ...containing 10 acres,
208 / 116
03/20/1930
Y
more or less and being designated as Lot #2 on plat and
10
survey... dated November 25th 1925 and recorded ...in DB
191 P 490.
220 / 490
10/06/1933
N
... a tract of land, ...containing 2 acres, more or less, ...and
2
being the same land conveyed ...in DB 201 P 70.
...J.A. Terrell, ...the owner of the property consisting of
18.245 acres... Tax Map 101-27.
All deed books referenced above are noted on
the plat; the plat does not explicitly combine the
501 / 329
08/17/1971
N
parcels into one parcel. This plat is an outer
18.245
boundary survey of 18.245 acres, which likely
means that the three parcels noted above are
not actually 2 or 10-acre parcels. A modern
survey of each parcel would be needed to
accurately measure the three parcels.
August 5, 2022
LOD-2022-00010
Page 2 of 4
After December 10, 1980
Deed
Book/Page
or
Instrument #
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
...all that certain lot or parcel of land
1095 / 121
03/16/1990
Y
...containing 0.213 acres, as shown and
0.213
0
described as Parcel X on a revised plat...
dated March 14, 1990, attached hereto
and made a part hereof,... being a portion
of the property conveyed to J.A. Terrell...
in DB 208 P 116. ...Parcel X is to be
added to and become a part of Parcel 1...
conveyed in DB 1088 P 381.
The residue noted on the plat for
18.245
TMP 101-27 is 18.032 ac. (18.245
—
ac. - 0.213 ac.). This deed also
0.213
references the 0.213 acres
=
coming from the parcel in DB
18.032
208 P 116, further evidence that
TMP 101-27 consists of three
(10"-)
5
separate parcels of record. This
plat is referencing the acreage
surveyed in 1971, noted above.
(10"-)
5
This acreage would likely
decrease the number of
development rights noted for
(2)
1
the two 10-acre parcels
described above. A more
modern survey of the three
parcels would clarify how many
development rights existed on
12/10/1980. The full number of
development rights if each
parcel were the acreage
originally described is noted to
the right for each of the parcels
of record.
...the following described property:
14301635
08/31/1994
N
(1) All that certain tract or parcel of
land... containing 18.032 acres,
shown and described on a plat...
in DB 501 P 330, less and except
a parcel containing 0.213 acres,
conveyed in ... DB 1095 P 121.
The said 18.032 acres is the
18.032
residue of three (3) parcels
containing 18.245 acres conveyed
to J.A. Terrell by the following
three (3) deeds:
(a) ...DB 191 P 490
(10.1-)
5
(b) ...DB 208 P 116
(10.1-)
5
(c) ... DB 220 P 490
(2)
1
August 5, 2022
LOD-2022-00010
Page 3 of 4
...All those two(2) certain tracts or parcels
2870 / 578
10/06/2004
Y
of land,... described as follows:
PARCEL ONE:
PARCEL
All that certain tract or parcel of land...
ONE is
containing 6.326 acres ...
not part of
this LOD
PARCEL TWO:
All that certain tract or parcel of land,...
containing in the aggregate 0.620 acres,
0.620
0
by survey, as shown on the plat... attached
hereto... The 0.620 acre parcel is being
added to, and become a part of Tax Map
101-26, described above as PARCEL
ONE.
Being a portion of the property conveyed
... in DB 1430 P 635
18.032
0.620
0
17.412
(10'/-)
5
(10'/-)
5
2
1
...the following real property:
18.245
28911592
10/06/2004
N
All that certain tract or parcel of land,...
—
containing 18.032 acres, shown and
0.213
described on a plat... in DB501 P 330;
_
18.032
Less and except a parcel containing 0.213
—
acres, conveyed... in DB 1095 P 121;
0.620
Less and except a parcel containing 0.620
acres, as shown on the plat... attached to a
17.412
deed... immediately prior hereto.
(10'/-)
5
Being a portion of the property conveyed...
(10'/-)
5
in DB 1430 P 635
2
1
Even though the property was transferred as an 18.245-acre tract in DB 601, P 329, there is no evidence that the
parcels were legally combined before 12110/1980.
Please note that the total size of the three parcels described in the above deeds before 12/10/1980 is 18.245
acres. This is less than the total of 22 acres of the three parcels as described (10 ac., 10 ac., and 2 ac.). A
portion of each of the 10-acre parcels was removed with approved boundary line adjustments (BLAB) in 1990
(0.213 ac.) and 2004 (0.620 ac.). The 2004 BLA left a total of 17.412 acres. It is believed that the 2-acre parcel
may actually be less than 2 acres. Even though it was not altered with a BLA, it would have one development
right. Because the two 10-acre± parcels were altered with the noted BLAB, they would each be less than the
described 10 acres each. As the parcels were referenced as being a certain size, "more or less," the disparity in
the acreage is not uncommon. Utilizing the modern survey by David Jordan (4112/21 revised 6125/21) and
computer measuring tools, I have used old plats of record to estimate the approximate size of the 2-acre parcel
and the two 10-acre parcels. They appear to now be approximately 1.91 acres, 7.32 acres, and 8.34 acres,
respectively. If these estimates are accurate, the 7.32-acre parcel would have three development rights, and the
8.34-acre parcel would have four development rights. The drawing in the Attachment is approximate. A new
survey of the parcels would be required to confirm acreage and resulting development rights if there were a
proposal to develop any vacant parcel with a dwelling.
August 5, 2022
LOD-2022-00010
Page 4 of 4
Based on these deeds
Parcel ID 10100-00-00-02700 is determined to be three (3) parcels of record, comprised of:
1. A parcel of approximately 1.91 acres''-, containing one (1) development right, and
2. A parcel of approximately 7.32 acres''-, containing three (3) development rights,
and
3. A parcel of approximately 8.34 acres''-, containing four (4) 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 represent the maximum number of lots
containing less than twenty-one acres allowed to be created by right.
You may have a right to appeal this determination within thirty (30) days of this notice, in
accordance with Virginia Code § 15.2-2311. This determination shall be final and unappealable if
not appealed within 30 days.
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 $295.36. This fee includes the $284 application fee and the 4% Technology surcharge of
$11.36. Additionally, a separate fee of $448 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 filing 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: Map showing Development rights — LOD2022-00010 Terrell Parcel Determination
L D m2 m« o T «IParcel Determination
THIS MAP S A REPRESENTATION OFT E PROB
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