HomeMy WebLinkAboutLOD199000011 Letter of DeterminationGI
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901 -4596
(804) 296 -5875
December 31, 1990
J. Peyton Bradshaw
McKee Carson
256 East High
Charlottesville, VA 22901
RE: OFFICIAL DETERMINATION PURSUANT TO SECTION 10.3.1 -
PARCEL OF RECORD: Tax Map 74, Parcel 23
Dear Mr. Bradshaw:
This serves to confirm in writing for the record our several
conversations on this issue. I have examined the information
submitted. In addition, I have found further information in the
County Real Estate Department history files. I have discussed the
issues in general terms with Mr. St. John, County Attorney. This
discussion included the application of the Faison v. Union Camp
case.
It is my opinion that Tax Map 74, Parcel 23 consisted of one (1)
parcel of record on the date of adoption of the Zoning Ordinance.
The other properties mentioned in your letter, Tax Map 74, Parcels
18, 18A and 18B are all separate parcels as reflected with
separate tax map parcel numbers. Please note that no original
parcels may have more than five (5) development rights; however,
in the case of 21 acre lots or rural preservation development,
additional lots may be created.
This opinion is based on the following chronology:
o The deed dated January 16, 1970 (DB 468/539) between.the Taylors
and the Ewalds refers to the land as "all that certain tract or
parcel... containing 1071.422 acreas..." This included what is
currently Tax Map 74, Parcel 17 and 23 and I -64 right -of -way.
4
l
December 31, 1990
Mr. Bradshaw
Page 2
o In the late 1960's, the I -64 right -of -way was acquired in DB
567/135. This action split or divided the northern property
(parcel 17) from the southern property (parcel 23).
1071 acres (more or less)
- 691.82 Northern property
- 71.49 Highway take
308.532 acres parcel 23
The 125 acre portion of parcel 23 was shown by hand drawn plat and
deed of 1874. Future deed and plats combined it. .
Anyone aggrieved by this decision may appeal in writing within
thirty (30) days of the date of this decision, pursuant to Section
34.3 of the Albemarle County Zoning Ordinance. If you have any
questions, please feel free to call.
Sincerely,
Amelia M. Patterson
Zoning Administrator
AMP / sp
cc: Ron Keeler
Owner of Parcel 23
MCKEE /CARSON
CONSULTING ENGINEERS
LANDSCAPE ARCHITECTS
PLANNERS
November 28,1990
Ms. Amelia Patterson
Zoning Administrator
County of Albemarle
401 McIntire Road
Charlottesville Virginia, 22901
RE: The Rocks
Dear Amelia:
qE3463 �'
C"/
Pursuant to our conversation on Tuesday, November 27th, we are requesting a ruling on the number
of development rights which currently exist within the boundary comprised of Tax Map 74,
Parcels 18,18A,18B, and 23. Please find enclosed the relevant plats, deed book references and a
copy of the tax map which we hope will be sufficient for you to render your opinion.
The Rocks is comprised of two primary land areas each with different title lineage.
The first, 308.53 acres was a part of the "Verulam Tract" containing 1071.442 acres, a'plat of
which is recorded in DB 409 p. 121. The title to this parcel, less 71.49 acres taken by The
Commonwealth of Virginia for I -64, was conveyed by deed dated July 1, 1965 (a copy of which is
enclosed) which makes reference to two parcels of land, #1 being 125 acres described in D.B. 300
p.102 (see exhibit A) and #2 being 957.5 acres described in D.B. 292 p.5. At that time it was
determined that the total acreage of both parcels by boundary survey was :1071.442 acres. We
have included for your reference a copy of a plat of the 125 -acre parcel: It is important to note
here that I -64 severed the "Verulam Tract" thereby creating two parcels of record to the south
of I =64 with title lineage to the original "Verulam Tract" referenced above.
The second, 386.6 acres described by a plat and survey by Hugh F. Simms is recorded in D.B. 251
p. 393. Again, I -64 severed this tract and at this time two additional parcels were created
making a total of three parcels which trace their lineage to the original 386.6 parcel known as
"The Rocks ". These parcels are currently described in the Albemarle County Tax Maps on Map
74 as parcels 18, 18A and 18B. We have attached as Exhibit B a copy of a plat dated April 2,
1968 recorded in D.B. 251 P. 393 which illustrates the subdivision of "The Rocks" tract into two
additional parcels making a total of three.
We are of the opinion that there were five parcels of record within the boundary of the "Rocks"
and "Verulam" tracts on the south side of I -64 as of December 10, 1980 and that these parcels
have remained a matter of record to the present. These parcels do not include any land currently
owned by Verulam Farm Limited Partnership to the north of SR 637. The five parcels with
their development rights are as follows:
CHARLOTTESVILLE a NORFOLK
QUEEN CHARLOTTE SQUARE
256 EAST HIGH STREET
CHARLOTTESVILLE, VIRGINIA 22901
804- 979 -7522
FAX: 804 - 977 -1194
Ms. Amelia Patterson
28 November 1990
Page 2
TAX MAP AND PARCEL
ACREAGE
DEED BOOK REFERENCE
DEV. RIGHTS
✓. 74-18 -
283.526
D.B. 251 P. 393
18
('2 74 -18A
22.04
D.B. 251 P. 393
5
v-3/. 74 -18B
28.00
D.B. 251 P. 393
5
4. 74 - 23 (part of)
125.00
D.B. 300 P. 102
10
5. 74 - 23 (part of)
183.53
D.B. 292 P. 5
13
Total
642.006
51
On behalf of the owner, McKee /Carson intends to submit a preliminary plat for the development
of the property no later than December 21, 1990. With this in mind,we would appreciate your
attention to this matter at your earliest convenience.
Sincerely yours,
McKee /Carson
J. Peyton Bradshaw
Senior Planner
xc Mrs. Roy Tolleson
Hi Ewald