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Home My WebLink AboutLOD199900010 Letter of Determination 1999-03-31COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 223 Charlottesville, Virginia 22902-4596 Building Code Information FAX (804) 972-4126 Zoning Information (804) 296-5832 TTD (804) 972-4012 (804) 296-5875 March 31, 1999 Linda Lloyd C/o Fred Oesch 108 South 2nd Street NW Charlottesville, Virginia 22902 RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1 Tax Map 126, Parcel 31 A, 31 C, and 31 D (Property of S. Vance Wilkins, Jr.) Dear Ms. Lloyd and Mr. Oesch: The County Attorney and I have reviewed the title information you have submitted for the above -noted property. It is my official determination supported by the County Attorney's advisory opinion, that parcel 31A consists of five (5) separate parcels which are numbered below by the tract numbers on your written request. The acreages listed are estimates based in part on numbers supplied by your surveyor, Saunders' Surveys, Inc of Roseland, Virginia, and in part by just visualization of the maps themselves. Parcels 31 C and 31 D are simply tax identification numbers for the rights to various minerals on parcel 31A. Therefore, there are no fee simple land holdings associated with these parcel numbers and no development rights. Parcel 1 — approximately 265 acres northwest of the parcel 35B (which is the former track -bed of the Nelson and Albemarle Railway Company), and southwest of the location of former Rt. 6 (5 development rights) Parcel 1A — Approximately 70 acres on the northwest side of Rt. 800, up to parcel 35B (which parallels Rt. 800 and is the former track -bed of the Nelson and Albemarle Railway Company) (4 development rights) Parcel 2 — approximately 120 acres east of Rt. 800, east of Rt. 602 and north of Rt. 613 (5 development rights) Parcel 2A — estimated to be approximately 1 acre between Rts. 602 and 613 (1 development right) Parcel 3 — approximately 100 acres (0 development rights) Parcel Determination, TMP126-31A 2 March 31, 1999 Each of these lawfully separate parcels is entitled to the noted associated development rights if all other applicable regulations can be met. These development rights are only hypothetical in nature but do represent the maximum number of lots of less than 21 acres allowed to be created by right. In addition to the development right lots, a "parent parcel" may create as many parcels with a minimum of 21 acres as it has land to make. This determination is based partly on the many deeds and plats that you submitted from both the Albemarle County and Nelson County clerks' offices. Unfortunately, the descriptive clauses of many of the deeds were not supported by plats and could not be conclusively relied upon to determine additional parcels. For this determination, the physical boundaries of road beds maintained by the Commonwealth of Virginia, whether fee simple or prescriptive easements, were used to define the parcels for the purposes of determining development rights. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is thought to be found in Deed Book 602, page 262. It is dated August 2, 1976 between The Georgia Marble Company, the Industrial Development Authority of Nelson County and S. Vance Wilkins, Jr. That deed referenced a "parcel 13" which was cited as "485.72 acres, more or less", and "known as Goldmine". That same deed also referenced a "parcel 15" which is identified as being: first, tax section 126 parcel 35B; and second, part of the Nelson and Albemarle Railway Company. It is a 66 -foot wide strip that contains the former track -bed of the railway company. This strip was previously mapped incorrectly on tax map section 126, but will be corrected as a result of this determination. The separate railroad parcel (which is not part of this determination) divides your Parcel 1 in this determination into two pieces: Parcel 1 and Parcel 1A, noted above. Within Parcels 1 and 1A there has been only one parcel created since 1980 that utilized a development right. A 2.02 acre parcel, now identified as tax map 126 parcel 31 E was created by a plat drawn by Old Dominion Map Company dated February 26, 1988 and recorded in DB 1010/29. This parcel came off Parcel 1A, leaving four potential development rights there and all five in Parcel 1. Parcel 2 is bordered by state maintained Routes 800, 602 and 613 as well as the surrounding property owned by others. It was identified in the same deed at DB 602/262 as "parcel 10" containing 105.5 acres. There have been no off -conveyances from this tract since 1980 so it retains its potential 5 development rights. Parcel 2A is a small piece of the same "parcel 10" that lies between Rts. 602 and 613. Since it is believed to be less than 2 acres, it may not be further divided. Parcel 3 was identified in the same deed at DB 602/262 as "parcel 11" and "parcel 12" consisting of approximately 150 acres total. This area is defined by Rts. 800, 602, the Nelson County line and property of others. Since 1980, there have been 11 lots created A:1126-31ACD.doc Parcel Determination, TMP126-31A 3 March 31, 1999 from this area including six lots granted through two special use permits for additional development rights. (SP 90-11 and SP 92-46.) No development rights remain on this residue area of approximately 100 acres. There is also a condition of SP 90-11 that states, "Residue shall not be divided into more than twenty-six (26) parcels of not less than twenty- one (21) acres per parcel." The residue would be all lands remaining out of parcel 31A (634.8 acres on the application) after those development right lots were created—more specifically, all the lands subject to this determination. In considering the potential number of 21 -acre parcels available under this determination, it appears that only 23 could be created. However, this condition is still applicable, so consider it in your subdivision plans. Please note that this determination applies only to the division of property within the boundaries of Albemarle County. The land within Nelson County, even though some may be taxed as one parcel in Albemarle County, must comply with the appropriate Nelson County regulations. Subdivision plats which include land in both counties must be approved by and recorded in both localities. If you are aggrieved by this determination, you have the right to appeal it within thirty (30) 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. In order for an appeal to be considered complete, it shall include a completed application and $95 fee. The date notice of this determination was given is the same as the date of this letter. Sincerely, Janice D. Sprinkle Deputy Zoning Administrator cc: Maynard Sipe, Planning Department Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading File, TMP 126-31A J. Vance Wilkins, Owner NOTE: One (1) parcel by Tax Map, five (5) parcels by determination = four (4) additional parcels A: 026-31ACD. doc THE QUARRIES SCHMERNIRCINIA H. FREDERICK OESCN LINDA LLOYD November 5, 1998 Request to the County of Albemarle Dept of Building Code and Zoning Services fora tract determination for property located in Schuyler Based on our reserach we believe that the property we are purchasing falls into three tracts as shown on the attached tax map. Tract #1 - is the area shown in blue, detailed on the deeds as the Goldmine Tract - originally 485 acres, minus the 158 acres sold in 1978 and noted as Parcel 31, and minus parcel 31 E, 2.02 acres. Note that the attached plat for 31 E says - 19subdivision of this lot utilizes the first development right and the residue may be further divided into four lots of less than 21 acres." Dated 2/26/88. Tract #2 - is the area shown as pink on the attached, detailed as the Norvell tract. Attached please find the deed from 1940. This property has remained intact since that time. This tract is also described as Parcel 10 on the attached 1983 deed. This tract also includes a small piece to the south and west of Route 613, which could possibly be a separate tract unto itself, due to being divided from the rest of the land by State Routes 613 and 602. Tract #3 - is the area shown in orange on the attached. This is parcel 11 on the 1983 deed. There have been several subdivisions from this parcel. The 1990 sundivision of the 8 quarry workers cottages was done as a special situation. The Harris/Roberts subdivision in 1992, consisted of three lots, without development rights. Summary -- We believe Tract 1, north of Route 800 to be approx 335 acres and have 4 development rights remaining. We believe Tract 2 to be the Norvell tract, east of Route 602, south of Route 800, containing 105 acres, with all development rights intact. (With the possibility that the small piece of land south of Route 613 and north and east of Route 602 to be a separate tract.) We believe Tract 3 to be the tract south of Route 800 and west of Route 602 and to contain 2 additional development rights. We would appreciate anything that can be done to expedite this process so that we may proceed with our plans. Thank you for your consideration. Sincerely, Linda Lloyd L11 I04 I Ll _l1 1 11 18 I 1,1 11. 11L_) I . U._ AN: RE: Schuyler Tracts Date: 98-12-14 15:57:57 EST From: SPRINKLE@exch_co.albemarle.va.us (Jan Sprinkle) To, GrenSheltr@aol_com ('GrenSheftr@aol_com) CC: AMCCULLE@exch.co.albemarie_va us (Amelia McCulley) I've tried to do this determination, but End that I still am lacking the plats or the prior deeds for descriptions. Pink - Parcel 10's description in the 1940 deed still doesn't describe the land other than refer to prior deeds. You need to keep reading backward in time until you get to a deed that has a plat or describes the metes and bounds. I'll need copies of each one in the series. For Pink, try the older 1940 deed, DS246/186 and possibly DB77/42.0. It's the sarne for orange - Parcel 11; try the 1897 deed (DB110/259) and fur Blue - parcels 13 and 15; try the 1916 deed in DB 162/375 and 1963 (DB393/353). If those dont describe the area or have a plat, then go back to whatever older deed is referred to. Sorry, I just can't make a determination based on deeds that refer to tax map and parcels. —Original Message From: GrenSheltr@aol.cotrl [SMTP:GrenSheltrc@i aoLcornJ Sent: Friday, December 11, 1998 5:54 PM To: sprinkle@mail.co.albemarle.va,us Subject: Schuyler Tracts Jan- did you have a chance yet to review our tract determinations in Schuyler ??? Surveyor is about done the perimeter survey and ready for us to start laying out lots — let me know – thanks fnr your time Linda Lloyd Headers R.etunvPath: <SPRINKLE@exch.co.albematle.va.us> Received: from rty zd03.mx_aol.corn (rly-zd03.rnail.aol.com [172.31.33.227]) by air-zd05.mail. aol.com (23.27) with SMTP; Mon, 14 Dec 1998 15:57:57 -0500 Received: from cntsl.albemarie.org g208,6.90.21) by rly-zd03.mx.aol.com (8.8.818.8.5/AOL-4.0.0) with ESMTP id PAA25085 for <GrenShettr@aol.com>; Mon, 14 Dec 1998 15:57:55 -0500 (EST) Received: by CMS1.co.albernarle.va_us with Internet Mail Service (5.5.19fi0.3) id <Y1K3807C>; Mori, 14 Dec 1998 15:52:19 -0500 MessageAD:<C735981EB58ODill921500AOC99D7989CAB3C7@CMS1.co_albemarle.va.us> From: Jan Sprinkle <SPRINKLE@exch.co.albemade_va.us> To: "GrenSheft r@aol.com" <GrenSheltra@aol_com> Cc: Amelia McCulley<AMCCULLE@exch.co.albemarle.va.us> Subject: RE: Schuyler Tracts Date: Mon, 14 Dec 1998 15:52:12 -0500 MIME -Version: 1.0 X -Mailer Internet Mail SerHce (5.5.1960.3) Content -Type: text/plain, charset="iso-8859-1" Monday Do—bar Il. 1998 Amari" Onllno: GmnFh&rtr Gaga, 1 TOTAL P.02