HomeMy WebLinkAboutLOD200500047 Legacy Document 2014-03-13�'IRGII�ZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 21, 2006
Jeanette Tuck
Huckleberry Hill Farm LLC
P. O. Box 494
Earlysville, VA 22936
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 19,
Parcels 1 and 4 (Property of Huckleberry Hill Farm LLC) Section 10.3.1
CORRECTED LETTER
Dear Ms. Tuck:
This letter replaces my letter to you dated January 6, 2006. That letter determined
that the 25.33- acre tract, identified as Parcel C was a separate parcel. This letter
corrects that analysis and determines that the 25.33 -acre tract is not a separate
parcel but rather a portion of Tax Map 19, Parcel 1.
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
Tax Map 19, Parcel 1 is comprised of two separate parcels. The location of these
parcels is shown on the enclosed sketches.
1. 17.75 acres described in Deed Book 164, page 222. This parcel contains five (5)
theoretical development rights.
2. 239.09 acres shown on a plat by Roger Ray and Assoc., Inc. of record in Deed
Book 2722, page 346, less and except the 17.75 acres identified above. This
parcel has a total of eight (8) theoretical development rights allocated as follows.
The residue of the 233.5 acres described in Deed Book 124, page 232
contains five (5) theoretical development rights.
The 25.33 acres added to T.M. 19-1 and shown on the plat of record it
Deed Book 2722, page 246 contains three (3) theoretical development
rights.
The 14.69 acres added to T.M. 19-1 and shown on the plat of record in
Deed Book 738, page 263 contains zero (0) development rights.
IMEPT\Community Development2oning & Current Development\determinations\ACE\2005 ACE\19- 1 & 4 Huckleberry Hill Farm
ACE CORRECTED.doc
Jeanette Tuck
August 21, 2006
Page 2
Tax Map 19, Parcel 4 contains one (1) theoretical development. right. The basis for this
determination follows.
Tax Map 19, Parcel 1
Our records indicate Tax Map 19, Parcel 1 contains 239.085 acres and one dwelling.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 2722, page 346.
The most recent instrument for T.M. 19 - 1 recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 603, page 455 and dated
July 6, 1976. The deed conveyed approximately 251 acres from Elva J. Estes to Don M.
Sullivan and Virginia H. Sullivan. The property is described as consisting of two
contiguous parcels as follows:
1. Lot No. 3 containing 233'/ acres shown on a plat by D. C. Dean, Surveyor, dated
August 1902 of record in Deed Book 124, pages 332 — 335. This parcel was
conveyed to Algredus Estes by the deed of record in Deed Book 124, page 328.
This tract is designated as parcel A in this analysis.
2. 41 % acres conveyed to Algredus Estes by the deed of record in Deed Book 164,
page 221. The parcel is shown on a plat by Hugh F. Simms, S.A.C., dated
December 1916. Excepted from this parcel is an off -conveyance of 23 Y2 acres,
shown on a plat by Hugh F. Simms dated December 1916 and of record in Deed
Book 164, page 222. The residue contained 17.75 acres. This tract is designated as
Parcel B in this analysis.
On the basis of this deed Parcel A, the 233.5 -acre portion of T.M. 19-1 is a parcel
of record with five development rights and Parcel B, the 17.75 -acre portion of T.M.
19-1 is a parcel of record with five development rights.
Deed Book 721, page 22, dated July 10, 1980, conveyed 35.91 acres from Don M.
Sullivan and Virginia H. Sullivan to Martin D. Sullivan and Kathleen C. Sullivan. The plat
was approved by the County on October 31, 1980. The parcel is described as being .a
part of the 251 acres conveyed by the deed of record in Deed Book 603, page 455 and
is shown on a plat by R. O. Snow and Associates, dated November 14, 1979. The plat
notes the residue contains 199.06 acres. On the basis of the fact that this parcel was
approved prior to December 10, 1980 it is determined to be a parcel of record with
five development rights. This transaction reduced the acreage of Parcel A to
199.06 but had no effect on its development rights. The 35.91 -acre tract is
designated as Parcel C in this analysis. (233.5 — 35.91 = 197.59 / 199.06)
Deed Book 738, page 263, dated May 7, 1982, conveyed 14.69 acres from Otis L.
Collier and Maxine S. Collier to Don M. Sullivan and Virginia H. Sullivan. The property is
shown on a plat by R. O. Snow and R. W. Ray, dated April 20, 1982. The plat shows the
14.69 -acre tract, a portion of T.M. 10 — 5 being added to and combined with T.M. 19-1.
I:\DEPT\Community Development\Zoning & Current Development\determinations\ACE\2005 ACE\19- 1& 4 Huckleberry Hill Farm
ACE CORRECTED.doc
Jeanette Tuck
August 21, 2006
Page 3
The plat notes that the 14.69 -acre parcel is assigned no division rights. This tract is
adjacent to both Parcel A and Parcel B. For the purpose of this analysis it is considered
to have been added to Parcel A. As a result of this transaction Parcel A is
calculated to contain 210.75 acres. This transaction had no effect on the
development rights associated with the original Parcel A. This transaction had no
effect on the size or development rights of Parcel B. (199.06 + 14.69 = 213.75)
Deed Book 926, page 514, dated March 16, 1987, conveyed 213.76 acres from Virginia
H. Sullivan to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land Trust. The
property is described as being composed of two individual lots or parcels.
The remainder of 251 acres, more or less, conveyed by the deed of record in Deed
Book 603, page 455. The deed notes that subsequent to this conveyance an
unrecorded survey by R. O. Snow, C.L.S., dated February 11, 1977 reflected that
the property conveyed in the aforesaid deed actually contained 234.975 acres. A
parcel of 35.91 acres was conveyed from this tract by the transaction of record in
Deed Book 721, page 22. (234.75 — 35.91 = 199.065)
2. The contiguous parcel of 14.69 acres conveyed by the deed of record in Deed Book
738, page 263. (199.065 + 14.69 = 213.755)
This transaction had no effect on the development rights of the subject parcels of
this determination.
Deed Book 949, page 500, dated June 24, 1987, conveyed 35.91 acres from Martin D.
Sullivan and Kathleen C. Sullivan to Sovran Bank, N.A. Trustee for the Beaver Dam
Farm Land Trust. The property is described as being same property as was conveyed
by the deed of record in Deed Book 721, page 22. This transaction had no effect on
the development rights of the subject parcels of this determination.
Deed Book 1237, page 15, dated July 1, 1992, conveyed a 49% interest two tracts of
land from Nationsbank, formerly to Sovran Bank, N.A. Trustee for the Beaver Dam
Farm Land Trust to Louis J. Aszod. The tracts are described as follows:
1. The tract containing 213.76 acres described as containing the remainder of
the 234.975 -acre tract after the off -conveyance of the 35.91 -acre tract plus
the 14.69 -acre tract, all of which are described above.
2. The 35.91 -acre tract described by reference to the deed of record in Deed
Book 721, page 25.
This transaction had no effect on the development rights of the subject parcels of
this determination.
Deed Book 1696, page 171, dated April. 6, 1998, conveyed 2 parcels from
Nationsbank, formerly to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land
I:\DEPT\Community Development\Zoning & Current Development\determinations\ACE\2005 ACE\19- 1 & 4 Huckleberry Hill Farm
ACE CORRECTED.doc
Jeanette Tuck
August 21, 2006
Page 4
Trust and Louis J. Aszod to Huckleberry Hill Farm L.L.C. This is the same property
conveyed to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land Trust by the
deed of record in Deed Book 926, page 514 and the property conveyed to Sovran Bank,
N.A. Trustee for the Beaver Dam Farm Land Trust by the deed of record in Deed Book
949, page 500 and conveyed to Louis J. Aszod as to a 49% undivided interest by the
deed of record in Deed Book 1237, page 15. This transaction had no effect on the
development rights of the subject parcels of this determination.
Tax Map 19, Parcel 4
Our records indicate Tax Map 19, Parcel 4 contains 18.910 acres and zero dwellings.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1993, page 603.
The most recent instrument for T.M. 19 - 4 recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 651, page 30 and dated
July 5, 1978. The deed conveyed 51.9 acres from Susan Jane Allen to Harry E. Hughes
and Ava L. Hughes. The property is described by reference to the plat by William S.
Roudabush, Inc., C.L.S. of record in Deed Book 599, page 7. On the basis of this
deed the 51.9 -acre Tract, designated as T.M. 19-4 is a parcel of record with five
development rights.
Deed Book 730, page 98 contains a Certificate of Plat recorded on August 10, 1981.
The plat by William S. Roudabush, Inc. shows Parcels 1 thru 3, a division of Parcel 4 on
Tax Map 19. Parcel 3, containing 18.3 acres is now designated as Parcel 4 on Tax Map
19. The plat allocated 1 development right to this parcel. As a result of this
transaction, the residue of T.M. 19-4 contained 18.3 acres and 1 development
right.
Deed Book 1309, page 104, dated May 14, 1993, conveyed 3 parcels from Harry E.
Hughes and Ava L. Hughes to Brian J. Duffy and Gloria B. Duffy. The property is
described as being composed of the 3 parcels shown on the plat by William S.
Roudabush, Inc. of record in Deed Book 730, page 98. It is further described as being
the same real property conveyed by the deed of record in Deed Book 651, page 30.
This transaction had no effect on the development rights of T.M. 19-4.
Deed Book 1900, page 601, dated February 29, 2000, conveyed 3 tracts from Brian J.
Duffy and Gloria B. Duffy to the Duffy Living Trust. The property consisting of Parcel 1
containing 23.61 acres, Parcel 2 containing 10.0 acres and Parcel 3 containing 18.30
acres is described as being the same property acquired by the Grantor by the deed of
record in Deed Book 1309, page 104. This transaction had no effect on the
development rights of T.M. 19-4.
Deed Book 1972, page 352, dated November 15, 2000, conveyed 18.26 acres from
Brian J. Duffy and Gloria B. Duffy, Trustees under the Duffy Living Trust to Huckleberry
I:\DEPT\Community Development\Zoning & Current Development\determinations\ACE\2005 ACE\19-1 & 4 Huckleberry Hill Farm
ACE CORRECTED.doc
Jeanette Tuck
August 21, 2006
Page 5
Hill Farm L.L.C. The property is described as Parcel 3, containing 18.26 acres on a plat
by Roger W. Ray & Assoc., Inc., dated October 17, 2000. The deed notes that this is
the same parcel as one of the three parcels conveyed by the deed of record in Deed
Book 1900, page 601. This transaction had no effect on the development rights of
T.M. 19-4.
Deed Book 1993, page 603, dated February 14, 2001, conveyed 2.05 acres from Brian
J. Duffy and Gloria B. Duffy, Trustees under the Duffy Living Trust to Huckleberry Hill
Farm L.L.C. The property is designated as Parcel Y, a portion of T.M. 19-30A on a plat
by Roger W. Ray & Assoc., Inc., dated January 15, 2001 and recorded prior hereto on
page 576. Parcel Y is combined with T.M. 19-4 which was conveyed to the Grantee by
the deed of record in Deed Book 1972, page 352. The plat notes that no development
rights are affected by this plat. The land is a portion of the property conveyed by the
deed of record in Deed Book 1900, page 601. As a result of this transaction T.M. 19-
4 contained 20.31 acres. This had no effect on the development rights associated
with this parcel.
(The analysis of Deed Book 2655, page 94 is revised) Deed Book 2655, page 94, dated
November 24, 2003, contains a Deed of Easement and Release between Otis L. Collier
and Huckleberry Hill Farm L.L.C. The deed contains a plat by Roger W. Ray & Assoc.,
Inc., revised on August 21, 2003 that shows the relocation of a 40 -foot right-of-way
through T.M. 10-5 that serves T.M. 19-1 C. The plat also shows the conveyance of
Parcel X, containing 29.38 acres from T.M. 19-1C to T.M. 19-1. This is the remainder of
the 35.91 -acre parcel shown on a plat of record in Deed Book 721, page 25 after the
creation of the 6.53 -acre parcel designated as Parcel 1 C. The plat notes that Parcel X
retains 4 development rights, that when used shall not total more than 8.38 acres and
shall be within the December 10, 1980 boundaries. The plat notes that T.M. 19-1
contains 243.14* acres.
As a result of this transaction, Tax Map 19, Parcel 1C was reduced to 6.53 acres.
This 6.53 -acre parcel retained 1 development right. The portion of Tax Map 19,
Parcel 1, designated in this letter as Parcel A, and calculated to contain 212.03
acres was increased by 29.38 acres to a total of 241.41 acres. The portion of
Parcel 1, containing 29.38 acres contained 4 development rights. The portion of
Parcel 1 derived from the original 233.5 acres and designated as Parcel A and
calculated to contain 197.34 acres contained 5 development rights. (212.03 +
29.38 = 241.41) (212.03 — 14.69 = 197.34)
Tax Map 19, Parcels 1 and 4
(The analysis of Deed Book 2722, page 346 is revised) Deed Book 2722, page 346,
dated March 29, 2004, contains a Deed of Exchange between Huckleberry Hill Farm
L.L.C. and Bruce Lee Telford and Lynn Anne Telford. The transaction is shown on a plat
by Roger W. Ray & Assoc., Inc., dated January 12, 2004. 1.4 acres is transferred from
T.M. 18-30 to a 4.05 -acre portion of Parcel C. One development right was assigned to
the 5.45 -acre parcel which is now designated as Tax Map 19, Parcel 4F. The plat also
I:\DEPT\Community Development\Zoning & Current Development\determinations\HCE\2005 ACE\19- 1 & 4 Huckleberry Hill Farm
ACE CORRECTED.doc
Jeanette Tuck
August 21, 2006
Page 6
transferred 1.40 acres from T.M. 19-4 to T.M. 18-30. No development rights were
conveyed with the two 1.4 -acre parcels. The plat notes that the residue of T.M. 19-1
retains 8 development rights. 3 are derived from former parcel T.M. 19-1C. When used
they shall not total more than 20.42 acres. The plat also notes that the residue of T.M.
19-1 contains 239.09 acres. And the plat notes that the intent of this plat is not to
combine parcels or extinguish development rights. As a result of this transaction the
portion of Tax Map 19, Parcel 1 that was reduced from 29.38 to 25.33 acres
retained 3 development rights. The portion of Tax Map 19, Parcel 1, containing a
calculated 197.34 acres retained its 5 development rights. Parcel B, containing
17.75 acres retained its 5 development rights. This transaction also reduced the
acreage of T.M. 19-4 to 18.91.
(243.14 — 4.05 = 239.09) (20.31 — 1.4 = 18.91)
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 parcels with which they are associated. These development rights
are theoretical in nature but do represent the maximum number of lots containing less
than twenty one acres allowed to be created by right. In addition to the development
right lots, the parcels may create as many smaller parcels containing a minimum of
twenty-one acres as they have land to make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of $120.
The date notice of this determination was given is the same as the date of this letter.
If you have any questions, please contact me.
Sincerely,
ohn Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
McChesney Goodall, ACE Coordinator
I:\DEPT\Community Development2oning & Current Development\determinations\HCE\2005 ACE\19- 1& 4 Huckleberry Hill Farm
ACE CORRECTED.doc
Jeanette Tuck
August 21, 2006
Page 7
Enclosed: Sketch showing parcels on the 1979 Tax Map
Sketch showing parcels on the current tax map
TM/P
ACREAGE
DEVELOPMENT RIGHTS
DIVISION RIGHTS @
21 ACRES
19-1
181.32
5
N/A
Parcel A
on sketch
19-1
25.33
3
Parcel C
on sketch
19-1
14.69
0
Parcel D
on sketch
Total
221.34
8
9
A,C&D
19-1
17.75
5
0
Parcel B
on sketch
19-4
18.91
1
0
I:\DEPT\Community Development\Zoning & Current Development\determinations\ACE\2005 ACE\19- 1 & 4 Huckleberry Hill Farm
ACE CORRECTED.doc
i
9-22A4 �V
1 9??A m 10.3
o�
z?p
N N 1p'QA1
of o
3 T
9 -??G ?�� 1"A2
9.??/
10.4 'e+D
CV
IN
9-32A .
10-6
),Pr
10-6 i9Qj
m 9
sl'
rn11
a ry
106 b
1�
o^°rte •.�t'� � �'�i
0
IW
^0
700
B
)„
9-33
9-22C
9-21
dm
M
a aD
C 165
a,
d
70.18
10.1D
9-33 A adm D a
9.220
9-21N 70.ta i91� Nt'
1,11
I���ppc�
^� tC�
PR 5
V
t.�o
� 5, 33 I
19-1
18-32C
-288
r
�d1
18-30
18-32A
>
�
1 OI4 J . 32
5 D Ids
r v 19"10
19.2
18-33
3
18-32E
a 194B1
19-46
s
19-7
18-32D
t9xNt
to-°r!N 19-3
t9a9N
tC°F
� a
18-37 7°a°q
t°aeD
texu
leaer �yatl'
7o-�eL
, Q`
�. m
16]°1 tNG< 79y.
1�D Y9
^ ry�4 w lJ
CP >t
nj
o
,qp
w ,7P�
�f
�� 16]eF
A°11
oy
"
J
w� teJ9E
c
aD 1
wps
�G
70 79.]90
a sal fey
M qa
1
app l0.,
00
n0
}
co
'` lctac
Prw eW a 'w'h d
m
wP • Ye M�{F
',�
I PPlba
w
...Pb re4WiPWeN.^N/.,
��
U
e�iv.�ha nFU�+�nd aetlt .>ae
,N —
I&1701 10.
10-6
),Pr
10-6 i9Qj
m 9
sl'
rn11
a ry
106 b
1�
o^°rte •.�t'� � �'�i
0
IW
SjC(_TGH 5HT\^/'rNC, PAIZteLS 0 1 REcnt.►>
oK 19 7 a TAX M P
�1
V I
u �
elin4t �• - u
W ► M
C ♦ n . 44
cl
n •` 0 '
d / c