HomeMy WebLinkAboutLOD200400038 Legacy Document 2014-03-21•
TjT
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 30, 2004
David H. Metcalf & P. Gail South
6400 Heards Mountain Road
Covesville, VA 22931-1501
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 97, Parcel 24A (Property of David H. Metcalf or Gail South) Section 10.3.1
Dear Mr. Metcalf and Ms. South:
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 97, Parcel 24A is one separate parcel with fourteen (14) development rights.
The basis for this determination is summarized as follows:
Our records indicate Tax Map 97, Parcel 24A contains 145.710 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2158, page 551.
On February 8, 2002 1 determined that Tax Map 97, Parcel 24, containing 247.250
acres at that time, consisted of five (5) separate parcels with a total of 23 theoretical
development rights. That determination analyzed the deeds that established the tracts
as separate lots of record and the subsequent deeds up to and including the deed
recorded in Deed Book 1537, page 447. That deed, dated November 4, 1994, conveyed
247.250 acres from Harry Courtney Powell, SR. and Reva A. Powell to themselves as
tenants in common. The 247.25 -acre property was situated on both sides of State
Route 633. A copy of that determination and a sketch showing the location of the five
original parcels is attached.
Since that time, the property was subdivided along Route 633. Tax Map 97, Parcel 24A
is the portion of the property located on the north side of State Route 633. Deed Book
2158, page 551, dated February 19, 2002, conveyed 145.71 acres from Harry Courtney
Powell, SR. and Reva A. Powell to David H. Metcalf and P. Gail South. The property is
described as being a portion of the land conveyed to Harry Uou
I:\DEPT\BCZS\Determin of Parcel\2004 ACE\97-24A MetcalfSouth.doc
David H. Metcalf & P. Gail South
December 30, 2004
Page 2
Reva A. Powell by the deed recorded in Deed Book 1537, page 447. The property is
shown on a plat by Roger W. Ray and Assoc., Inc. revised on February 14, 2002. The
plat assigned development rights to this tract as follows:
"The portion of T.M. 97-24 (145.71 acres) lying on the north side of St..Rt. 633 is
assigned 14 development rights: That is 4 rights from that portion of the 100 acre
parcel lying north of St. Rt. 633, not to utilize more than 24.8 acres, 4 rights from
that portion of the 50 acre parcel lying north of St. Rt. 633, not to utilize more
than 24.8 acres, 5 rights from the 29 acre parcel, 1 right from that portion of the
63 -acre parcel lying north of State Route 633, not to utilize more than 6.2 acres."
The plat also combined the portions of these parcels with this note: "The portions of the
100 acre, the 50 acre & the 63 acre parcels lying on the north side of St. Rt. 633 are
hereby added to the 29 acre parcel."
On the basis of the prior determination and this deed & plat, it is determined that
Parcel 24A is a single parcel with fourteen (14) theoretical development rights.
These development rights must be utilized within the boundaries of the original
lots of record from which they are derived.
This parcel is 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 containing less than twenty one acres allowed to be created
by right. In addition the parcel may create as many parcels containing a minimum of 21
acres as it has land to make. In this particular case, the 14 development lots would use
a minimum of 28 acres. The remaining 117.71 acres may potentially create an
additional 5 parcels.
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.
I:\DEFMCMDetermin of Parcel\2004 ACE\97-24A MetcalfSouth.doc
P
David H. Metcalf & P. Gail South
December 30, 2004
Page 3
Sincerely,
lelea-�
John Shepherd
Manager of Zoning Administration
Attached: February 8, 2002 determination with sketch showing original lots of record
Plat by Roger W. Ray recorded in Deed Book 2158, page 554.
Copies: McChesney Goodall, Coordinator of the ACE Program
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
TM -P 97-24A Acreage
DB/p for original lots
of record
Division rights for 21
acre minimum
parcels
Development rights
First: D.B. 66, p. 365 portion of 100 ac.
5
4
First: D.B. 68, p. 724 portion of 50 ac.
4
First: D.B. 68, p. 724 29 ac.
5
Fifth D.B. 154, p.419 portion of 63 ac.
1
I:\DEFMCMDetermin of Parcel\2004 ACE\97-24A MetcalfSouth.doc
WON
PLAT NORTH FOUND
2a_ �s9-22-sem n'4'
MATCH LINE IRON
MATCH LINE SET VVv
T.M. 97 - M
R.A. YANCEY LUMBER CO.
D.B. 569-226, 227 PLAT o ST
D.B. 539-214 ,n
h T.M. 97 - 24 (PORTION)
WON 145.71 ACRES
FOUNDN ` D.B. 1537 - 447
Ea
FON y n \d •fir
FO. N0. D.V. 108, p. 72-1
FRONOUND y^hn.0ryry 29 Ae RE 1 T A r
v
'
Ks 'E'
K S I'
A
hb /WON FOUND
AT IS.
C. OAK
13 CHOPSI
�.8. I54, P. .491
1
FI W
w�o' ,4CRe TV -r -')Tag
0 / / ¢
m^ 58.41 1022.90' WON I A 1 l
N M6'g0 FOUND )I
NON
D. I
IS- FOUND H44'35'38 -W P�ENE ,P
RED / IRON FOUND 164,99' 1"
OAK (/ AT STONE PILE e
_ TAI. 97 - 29
N21'Of15°W- _ I
HAROLD 1�., 3RTJEAN BZI OLtl .R
94.80' D.B. 1892 - 299 z 1
D.B. 1536 - 539, 340 PLT11 W
••••••• VICINITY MAP f'• I MILE, RON
FOUND 3 J
J 11 Q
0�•„•yALTH Opy�c`L: SITE 698 i H?z9e 26ZJ00 U)
4,
VO S FON FOUND S.
ROGER W. RAY RESIDUE 293.59'
X21.0912"E li
fi33 "O-
.. • 1331 • FON/ 1 - •�\
•
• • 29 TJA. 97 -IIA FOUND
♦ 4 i HAROLD K. JR. L JEAN B. KOLB
•• .��: UR:Oi••D.B. 1892 - 299
NR. D.B. 1536 - 539, 540 PLAT
WILLIAM G. L LINDA L APPLEGATE
D,B. 756 - 498
D.B. 483 - 466 PLAT
EXISTING
ENTRANCES
/ C. 1 F MATCH
KEY MAP MATCH
NOT TO SCALE \
p /O
'� O JO
NOTES : `�`'0PAVEM691.9 \ 63
O,
,GRAVEL NT LOWNERS ADDRESS
P.O. BOX 5 ` A
FABER, VA 22938 29 ACRES �` -,
D.B. 68-72q�� 'l
2. TOTAL ACREAGE BEFORE ')\'---
DIVISION- 248.25. ACRES
5 \l_
3. NO PREVIOUS SURVEY COULD
BE FOUND OF THIS PROPERTY. AW
BOUNDARY LINES WERE AQ
ESTABLISHED BY USING 9 6 4L.
SURVEYS OF THE ADJACENT NOTE : �B 90 B`T�FS
PROPERTIES AND ASv'PE.s 2v
MONUMENTATION FOUND. THE POflT10NS vy/
OF THE 100 E.
THE 50 ACRE t THE
63 ACRE PARCELS LYING ON
NORTH SIDE OF ST. RT. 633
T.M. 97 - 24 (PORTION) ARE HEREBY ADDED TO THE
29 ACRE PAR CL THE PORTIONS
RESIDUE 102.541 AC. OF THE SAID PARCELS LYING ON
D.B. 1537 - 447 THE SOUTH SIDE OF ST. RT. 633
ARE HEREBY ADDED TO THE 6 V4
ACRE PARCEL
PLAT SHOWING
SURVEY OF 145.71 ACRES
A PORTION OF TAX MAP 97 PARCEL 24
THE PROPERTY OF HARRY COURTNEY POWELL SR.
AND REVA A. POWELL
LOCATED ON STATE ROUTES 633 t 698 AND HEARDS MOUNTAIN
SAMUEL MILLER DISTRICT
ALBEMARLE COUNTY , VIRGINIA
SCALE: I" - 300' DATE : JAN. 9, 2002
REVISED : FEB. 14, 2002
FOR
GAIL SOUTH L DAVID METCALF
ROGER W. RAY L ASSOC.. INt
1717-18 ALLIED STREET
CHARLOTTESVILLE, VA 22901 12591
D 3. 21581. p SSS
THE DIVISION OF THE LAND DESCRIBED HEREON Y WITH THE FREE
THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT THE REQUEST OF THE
EN
CONST MO N ACCOR3MCE W711 THE DEIRE OF RIE 1NOER•
DIRECTOR OF PLANNING. BY PLACING HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS
SIGNED OWNER. PROPRIETORS ANO TRUSTEES. ANY REFERENCE TO
RRURE POTENTIAL DEVELOPMENT IS TO BE DEEMED
H56'14'20'W 42.99'
N71 -26.56"W 34.62'
DEEMED THAT THEY ARE CORRECT AND W ACCORDANCE WITH THE ALBEMARLE COUNTY
AS
TMEORETIG1 ONLY ALL STATEMENTS AFFVED TO THIS PLAT
N36T4'20'W B3J4'
N87'S5'O6'W 31.73'
ZONING ORDINANCE W EFFECT THIS GATE. THESE NOTES ARE NOT RESTRICTIVE COVENANTS
ARE AND CO ORE BEST Of MT XtiOWtEE7GE
568.10'24"W 233.8 B'
579.17,7'•W 41.00•
RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO
tn.✓-^ �• .a,l-(
56B'10'24'V 16.44'
S74.47}6"W 50.15'
IMPOSE THEM AS SUCH, ANY REFERENCE TO FUTURE DEVELOPMENT RIGHTS SHOWN HEREON
SB2.10'28"W 57.07'
ARE THEORETICAL.
N49.051® 19.04'
S�8'1210'W 52.82'
N85.OB'35"W 58.09
A. PROPERTY ZONED RA.
S. THE PORTION OF T.M. 97-24 (145.71 ACRES) LYING ON THE NORTH SIDE OF ST. RT. 633
N52.26'25'W 52.96'
N57'32,52'W 51.64'
N83'45'50"W 167.22'
IS ASSIGNED 14 DEVELOPMENT RIGHTS: THAT IS 4 RIGHTS FROM THAT PORTION OF THE
TE OF NRGYµ COIMY OF AIBFJAAf6E,T6W0:
IAA'/ GJ�E.F fb�I� So.
N62.28'10"W 57.35'
N81'30'46"W 38.03'
100 ACRE PARCEL LYING NORTH OF ST. RT. 633, NOT TO UTILIZE MORE THAN 24.8 AC..
(OREGANO WAS KJTIOWIEDGm BEFORE ME
V 58.05'
N71'04'
4203'
N7722
4 RIGHTS FROM THAT PORTION OF THE 50 ACRE PARCEL LYING NORTH OF ST. RT. 633,
THE
THIS f,$_OAY OF
N71'04'37'V 33,02'
7'
24"W
N71'2224'W 52,70'
NOT TO UTILIZE MORE THAN 24.8 ACRES) 5 RIGHTS FROM THE 29 ACRE PARCEL,
MY COMMSSON
N75'04'39"W 52.3r
N66'46'34"W 46.13'
I RIGHT FROM THAT PORTION OF THE 63 ACRE PARCEL LYING NORTH OF ST. RT. 633,
N77'Ir36'V 52.84'
NGI-13.06-V 48.13'
NOT TO UTILIZE MORE THAN 6.2 ACRES.
NOWN PUBLIC
N73.17'47"W 52.64'
N55.OB'04'V 48.50'
C. THE RESIDUE OF T.M. 97-24 1102 54, ACHES) LYING ON THE SOUTH SIDE OF ST. RT. 633
N64.O3'34"W 51.02'
448•;6'32"W 47.05'
IS ASSIGNED 9 DEVELOPMENT RIGHTS: THAT IS 1 RIGHT FROM THAT PORTION OF THE
APPROVED FOR RECORDATION
453.31'0]"W 51.34'
N42'Ir22'W 48.10'
100 ACHE PARCEL LYING SOUTH OF ST. RT. 633, NOT TO UTILIZE MORE THAN 6.2 AC. ,
N46.17'08'V 51.82'
N39.44.20 -V 51.67'
I RIGHT FROM THAT PORTION OF THE 50 ACRE PARCEL LYING SOUTH OF ST. RT. 633,
uy-+Nr
N3 B'02'49'W 48.66'
0
N56'97'O6'V 17.29'
NOT TO UTILIZE MORE THAN 6.2 ACRES , 3 RIGHTS FROM THE 6 I/4 ACRE PARCEL,
N31' 4S"W 50.Ir
Q
4 RIGHTS FROM THAT PORTION OF THE 63 ACRE PARCEL LYING SOUTH OF ST. RT. 633,
OIflECTOfl 0 PLANNING [Yl DATE
N27.3r42'w 53.00'
N82.09'31"W 2].68
NOT TO UTILIZE MORE THAN 24.8 ACRES.
D. ACCORDING TO THE U S.G.S. TOPOGRAPHIC MAP, THE 145.71 ACRE PARCEL AND THE
N24 .53'40'V 107.17'
N29'35'49"W 49.00'
ST5'2916"W 24.13'
S55 04'17'V 28.42'
RESIDUE OF T.M. 97.24 EACH HAVE A MINIMUM OF 30,000 S.F. OF AREA WITH SLOPES
N34'42'4rW 48}9'
N37 '23 50.89'
538.36'04"W 37.09'
538.19'23"W 36.17'
LESS THAN 25%.
E. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED W ACCORDANCE WITH THE
Q
S46.2412'V/ 29Ar
WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY.
440.24'59"W 43.69'
562.19'53"W 31.58'
N43'40'40"W 46.94'
978.43'00"W 31.30'
451.23'57'V 49.19'
N87.1210"W 35,7'
T.M. 108 14
N•38'37"W 43.02'
N79'40'39"W 40.23'
N77.56'44"W 33,21
SERS
ANNPHLIPP MO
REVOCABL7
N61B3r41'41.19'
H3847.10'
N79'22'33"W 41.13'
--
4R4U4ST
D.B.173'37'30"W 0 ON $ O' �' O N m' q• 0'
PLAT
N51'38'5r'W 49.06'
N83.5913"W 43.08'
N88.04'32"W 43.49'
D.B. 987 - 200
O „HBO J20 3J=o n a'oAll
o o
N4 4419'W 48.20'
38.45'
N87.44'06"W 220.77'
J2 0 a OJ o 0 4
N40.23'23'W
N32'3r00"W 44.33'
S87.39'54"W 47.02'
oJd .0"40
4o GO 4 4 n 4 .n y
0
424.13'10"W 43.32'
Se6.0317"W 57.00'
585.21'35"W 165.02'
02 0°' 02 o O= y° o= y0 go y g0 ho t'N 02 O O? �j y00 n0� v O0� *1 30
g y $ $ $ h h f i %' y y y - PRESCRIPTIVE
$ $\
'43.3017'W 43.08
Q
�(
>-_,-_-_- J - -1 - •L- _ROUTEy A' EASEMENT
N12.IrO9-W 101St
_ ESTATE
OL - HUNGRYTOWN ROAD
NI6'39'45"W 45.08'
N22.19'52'V 46.02'
N33 24Z 41.83'
S87'03.54W 44.00'
NB273'S4"W 40.72'
N64.17'3r'W 35.93'
__
N44.39.39"E 125.64' ROAD \
WON FOUND 36" POPLAR \\�% J
IRON FOUND
N44.40'46'W 42.37'
N45'14'32"W 36.08'
542'2015'E 138.19' -f' `IRON FOUND STREAM \ ��
1134.04Ci 31.32'
N37'46 35"W 3.08'
N44'S''
WES,T
65OF CORNER
FO ND ST/REA/I
92
�c.430"W33.04'
N64-428-W28.7r
3'
�9B-L
O
CK8:
ON A
IRONBUILDING
�p ON
"W 9 3'
/
SET P.
•r /( •
FUNOS75
S86'50'34"W 62.00'
N87.19'00'V 99.69'
44?-�
7
TA 97
„
586.52'37"W 126.28'
588.08 73.39'
Y /op
TRes".ISTOPHER J. 1 ANNE W. HOY
1RORC, O.S. 1176 - 494, 497 PLAT
w /
Q7/?0
ym_q
ARS jP35�'
T.M. 97 - 27
4
WON
PLAT NORTH FOUND
2a_ �s9-22-sem n'4'
MATCH LINE IRON
MATCH LINE SET VVv
T.M. 97 - M
R.A. YANCEY LUMBER CO.
D.B. 569-226, 227 PLAT o ST
D.B. 539-214 ,n
h T.M. 97 - 24 (PORTION)
WON 145.71 ACRES
FOUNDN ` D.B. 1537 - 447
Ea
FON y n \d •fir
FO. N0. D.V. 108, p. 72-1
FRONOUND y^hn.0ryry 29 Ae RE 1 T A r
v
'
Ks 'E'
K S I'
A
hb /WON FOUND
AT IS.
C. OAK
13 CHOPSI
�.8. I54, P. .491
1
FI W
w�o' ,4CRe TV -r -')Tag
0 / / ¢
m^ 58.41 1022.90' WON I A 1 l
N M6'g0 FOUND )I
NON
D. I
IS- FOUND H44'35'38 -W P�ENE ,P
RED / IRON FOUND 164,99' 1"
OAK (/ AT STONE PILE e
_ TAI. 97 - 29
N21'Of15°W- _ I
HAROLD 1�., 3RTJEAN BZI OLtl .R
94.80' D.B. 1892 - 299 z 1
D.B. 1536 - 539, 340 PLT11 W
••••••• VICINITY MAP f'• I MILE, RON
FOUND 3 J
J 11 Q
0�•„•yALTH Opy�c`L: SITE 698 i H?z9e 26ZJ00 U)
4,
VO S FON FOUND S.
ROGER W. RAY RESIDUE 293.59'
X21.0912"E li
fi33 "O-
.. • 1331 • FON/ 1 - •�\
•
• • 29 TJA. 97 -IIA FOUND
♦ 4 i HAROLD K. JR. L JEAN B. KOLB
•• .��: UR:Oi••D.B. 1892 - 299
NR. D.B. 1536 - 539, 540 PLAT
WILLIAM G. L LINDA L APPLEGATE
D,B. 756 - 498
D.B. 483 - 466 PLAT
EXISTING
ENTRANCES
/ C. 1 F MATCH
KEY MAP MATCH
NOT TO SCALE \
p /O
'� O JO
NOTES : `�`'0PAVEM691.9 \ 63
O,
,GRAVEL NT LOWNERS ADDRESS
P.O. BOX 5 ` A
FABER, VA 22938 29 ACRES �` -,
D.B. 68-72q�� 'l
2. TOTAL ACREAGE BEFORE ')\'---
DIVISION- 248.25. ACRES
5 \l_
3. NO PREVIOUS SURVEY COULD
BE FOUND OF THIS PROPERTY. AW
BOUNDARY LINES WERE AQ
ESTABLISHED BY USING 9 6 4L.
SURVEYS OF THE ADJACENT NOTE : �B 90 B`T�FS
PROPERTIES AND ASv'PE.s 2v
MONUMENTATION FOUND. THE POflT10NS vy/
OF THE 100 E.
THE 50 ACRE t THE
63 ACRE PARCELS LYING ON
NORTH SIDE OF ST. RT. 633
T.M. 97 - 24 (PORTION) ARE HEREBY ADDED TO THE
29 ACRE PAR CL THE PORTIONS
RESIDUE 102.541 AC. OF THE SAID PARCELS LYING ON
D.B. 1537 - 447 THE SOUTH SIDE OF ST. RT. 633
ARE HEREBY ADDED TO THE 6 V4
ACRE PARCEL
PLAT SHOWING
SURVEY OF 145.71 ACRES
A PORTION OF TAX MAP 97 PARCEL 24
THE PROPERTY OF HARRY COURTNEY POWELL SR.
AND REVA A. POWELL
LOCATED ON STATE ROUTES 633 t 698 AND HEARDS MOUNTAIN
SAMUEL MILLER DISTRICT
ALBEMARLE COUNTY , VIRGINIA
SCALE: I" - 300' DATE : JAN. 9, 2002
REVISED : FEB. 14, 2002
FOR
GAIL SOUTH L DAVID METCALF
ROGER W. RAY L ASSOC.. INt
1717-18 ALLIED STREET
CHARLOTTESVILLE, VA 22901 12591
oY nLgF�
� IIII_' 9pr
�'tRGIN�P
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126
February 8, 2002
Roger W. Ray
Roger W. Ray and Assoc., Inc.
1717-1B Allied Street
Charlottesville, VA 22903
TELEPHONE (434) 296-5832
TTD (434) 972-4012
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 97, Parcel 24 (Property of Harry Courtney Powell Sr. and Reva A. Powell)
Section 10.3.1
Dear Mr. Ray:
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 97, Parcel 24 contains five (5) parcels and twenty-three (23) theoretical
development rights. The parcels are shown on a map key that is attached to this
determination. The basis for this determination is summarized as follows:
Our records indicate Tax Map 97, Parcel 24 contains 247.250 acres and one (1)
dwelling. The property is not in an Agricultural Forestal District. The most recent
deed for this property is recorded in Deed Book 1537, page 447. The most recent deed
for the parcels described below prior to the date of adoption of the Albemarle County
Zoning Ordinance (December 10, 1980) is recorded in Deed Book 265, page 75.
Deed Book 265, page 75, dated October 8, 1945, conveyed a two/thirds interest in
property of the late Janie H. Powell from Maude Powell McGuire, L. C. McGuire &W.
Forrest Powell to Harry H. Powell & Amanda J. Powell. The lands are described as
follows:
FIRST: 185'/4 acres about two miles west of Covesville on the road to
Hungrytown, consisting of three adjoining tracts,
(1) one of 100 acres conveyed to Joseph S. Hudson by R. L. Moran and wife by ,
a deed dated June 9t', 1871 and recorded in D. B. 66, p. 365; It is
IADEPT\Building & Zoning\Determin of Parcel\97-24 Powell.doc
Powell Determination
February 8, 2002
Page 2
(2) 50 acres conve�ed to Joseph S. Hudson by R. L. Moran and wife by a deed
dated August 8 , 1873 and recorded in D. B. 68, p. 149; It is determined
that this tract was a lot of record on December 10, 1980.
(3) 35'/4 acres conveyed to Joseph S. Hudson by R. L. Moran and wife by a
deed dated June 10th, 1874 and recorded in D. B. 68, p. 724.
Deed Book 68, page 724, dated June 10, 1874 conveyed two lots or
parcels of land lying on the head waters of the South Hardware containing
together 35'/4 acres from R. L. Moran and wife to Joseph S. Hudson by a
deed dated June 10th, 1874 and recorded in D. B. 68, p. 724. '.The first is
described as containing 6'/ acres. The second is described as containing
29 acres. Each is further described by metes and bounds. The source of
title is not provided. Roger Ray has sketched the location of these parcels
on a tax map included with this request. They are shown as .two separate,
non-contiguous parcels on opposite sides of the road.
Note that D.B. 265, p. 75 describes the property as two lots containing 35'/4
acres . It is determined that this deed did not combine the two parcels
described in D.B. 68, p. 724. Therefore, each of these were lots of record on
December 10, 1980.
These three pieces together aggregate 185'/4 acres and are generally known as
the Moran Place.
SECOND: 210 acres conveyed to Joseph S. Hudson by Joseph Hamner,
Administrator by'a deed dated June 9th, 1854 and recorded in D. B. 52, p. 19.
This property is generally known as the Eades property. This property is not part
of this determination.
THIRD: 100 acres conveyed to Joseph S. Hudson by George Perkins, Trustee
and S. A. Burch and wife by a deed dated March 24th, 1891 and recorded in D.
B. 95, p. 283. This property is generally known as the Wingfield property. This
property is not part of this determination.
FOURTH: About 166 acres devised to Joseph S. Hudson by Joseph Wingfield,
by will spread in W. B. 28, p. 97 under the third clause described as the two
upper mountain fields with woodland attached. This property is not part of this
determination.
I:\DEFRBuilding & Zoning\Determin of Parcel\97-24 Poweil.doc
Powell Determination
February 8, 2002
Page 3
FIFTH: 63 acres conveyed to M. B. Hudson, W. N Hudson and E. W. Hudson by
W. G. Moran and wife by a deed dated January 14t", 1914 and recorded in D. B.
154, p. 491. It is determined that this tract was a lot of record on December
10, 1980.
SIXTH: 189 3/4 acres allotted to Lily F. Wade in the partition of H.W. Norvell's
estate, and conveyed to E.W. Hudson by Lyttleton Waddell, Commissioner by a
deed dated June 13t", 1932 and recorded in D. B. 216, p. 421 with plat on 422.
This property is not part of this determination.
The first deed for this property recorded after December 10, 1980 is in Deed Book 719,
page 112, dated April 13, 1981 conveyed 247.250 acres from Amanda J. Powell to
Harry Courtney Powell, Sr. and Reva A. Powell as tenants by the entirety with full rights
of survivorship as at common law, and not as tenants in common. The property is
described, in part, as all that certain tract or parcel of land, on either side of State Route
633, containing 247.250 acres, more or less, being described as Parcels First and Fifth,
containing 185.25 acres and 63 acres, respectively, in a deed of Maude Powell McGuire
dated October 8, 1945 and recorded in Deed Book 265, page 75.
While this deed uses the singular term tract or parcel, it is determined that it.did
not combine the parcels. The -deed also references the descriptions of the
property contained in Deed Book 265, page 75. There was no approved plat nor
was there language in the deed demonstrating the intent to combine these
parcels into one.
Deed Book 1537, page 447, dated November 4, 1994 conveyed 247.250 acres from
Harry Courtney Powell, Sr. and Reva A. Powell to. Harry Courtney Powell, Sr. and Reva
A. Powell as tenants in common in equal one-half shares. The property is described as
the same that was conveyed in Deed Book 719, page 112. Likewise, it is determined
that this deed did not combine the parcels.
There have been no off -conveyances since the recordation of this deed. Based on this
history, Tax Map 97, Parcel 24 is determined to be five (5).parcels with a total of twenty-
three (23) development rights.
The parcel is 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
4..,--4,, -n^ n, roc 'n11n%A1ar4 tn ha rraatari by rinht. In addition to the development right
I:\DEPTOuilding & Zoning\Determin of Parce1\97-24 Powell.doc
Powell Determination
February 8, 2002
Page 4
lots, the parcel may create as many smaller parcels containing a minimum of twenty-
one acres as it has land to make.
It is further determined that Route 633 does not operate to divide these tracts into
separate parcels.
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 $95.
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,
jo�
John Shepherd
Manager of Zoning Administration
Copies: Harry Courtney Powell Sr. and Reva A. Powell
353 Altamont Lane
Fauber, VA 22938
Gail South and David Metcalf
2325 Rocky Top Road
Charlottesville, VA 22911
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
✓beading Files
IADEFRBuilding & Zoning\Determin of Parcel\97-24 Powell.doc