HomeMy WebLinkAboutLOD200300028 Letter of Determination 2003-03-03March 3, 2003
Brian Ray
1717 Allied Street, Suite 1-B
Roger Ray & Assoc., Inc.
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax
Map 31, Parcels 23, 23D, 23H & 23J (Property of Mary Jane Chisholm, Trustee)
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 31, Parcel 23 is a parcel of record with five (5) development rights. Parcel 23D
is comprised of two (2) separate parcels of record. Each of these parcels has five (5)
development rights. Parcel 23H is a parcel of record with one (1) development right.
Parcel 23J is a parcel of record with one (1) development right. The basis for this
determination is summarized as follows.
Our records indicate Tax Map 31, Parcel 23 contains 545.021 acres and 3 single family
dwellings, I mobile home and 3 commercial retail structures. The property is in the
Jacobs Run Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 1720, page 377. A portion of this parcel is zoned Light Industry,
U. No development rights are associated with this area of the property.
Our records indicate Tax Map 31, Parcel 23D contains 49.140 acres and no dwellings.
The property is in the Jacobs Run Agricultural Forestal District. The most recent deed
for this property is recorded in Deed Book 1720, page 377.
Our records indicate Tax Map 31, Parcel 23H contains 2.629 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1720, page 377.
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Mary Jane Chisholm, Trustee
March 3, 2003
Page 2
Our records indicate Tax Map 31, Parcel 23J contains 2.98 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 1720, page 377.
This determination begins with the deed dated April 14, 1950 and recorded in Deed
Book 288, page 407. This conveyed land estimated to contain about 700 acres from E.
D. Tayloe & Elizabeth H. Tayloe to Edward Morris Chisholm. The property is described
as being in all respects the same property conveyed to E. D. Tayloe by Deed Book 151,
page 234. One half an acre for a graveyard was excepted from this conveyance.
Deed Book 290, page 241, dated June 14, 1950 conveyed 134 acres, more or less,
from Edward Morris Chisolm & Mary Jane Chisholm to John R. Morris. The property is
described as being a portion of the tract of land containing 700 acres conveyed in Deed
Book 288, page 407. As a result of this transaction the residue of what is now identified
as Parcel 23 contained approximately 566 acres. The 134 acre tract is now identified on
Tax Map 31 as Parcel 23A.
Deed Book 304, page 487, dated March 2, 1953 conveyed two parcels of land from
Edward Morris Chisholm & Mary Jane Chisholm to the City of Charlottesville and the
County of Albemarle. The property is described, in part, as follows:
(1) A parcel containing approximately 1.50 acres, designated as Parcel A on a plat
by O. R. Randolph, dated February 25, 1953.
(2) A parcel containing approximately 13.87 acres, designated as Parcel B on a plat
by O. R. Randolph, dated February 25, 1953.
This deed also conveyed a perpetual flight easement over a 20.49 -acre portion of
Parcel 23. As a result of this transaction the residue of what is now identified as Parcel
23 contained approximately 550.63 acres.
Deed Book 339, page 398, dated April 15, 1958 conveyed two certain tracts or parcels
of land from Bellemoore Realty Corporation to Edward Morris Chisholm & Mary Jane
Chisholm. The property is described as Tract D1 containing 35.76 acres and Tract D2
containing 13.38 acres. The parcels are shown on a plat by A. R. Sweet and
Associates, dated April 8, 1958 and recorded in Deed Book 339, page 396. Tract D1
and D2 are shown as one (1) parcel identified as Parcel 23 D on Tax Map 31. These
parcels are not adjacent to one another. On the basis of this deed and plat, it is
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determined that Parcel 23D consists of two separate parcels of record- Tracts D1
and D2. Each of these parcels has five (5) development rights.
Mary Jane Chisholm, Trustee
March 3, 2003
Page 3
Deed Book 670, page 412, dated April 23, 1979 conveyed 2.629 acres from Edward
Morris Chisolm & Mary Jane Chisholm to Mary Jane Chisholm Tyler. The property is
shown on a plat by Kurt Gloeckner, dated October 24, 1978. This parcel is identified as
Parcel 23H on Tax Map 31. As a result of this transaction the residue of what is now
identified as Parcel 23 contained approximately 548.001 acres. On the basis of this
deed, Parcel 23H is determined to be a parcel of record with one (1) development
right.
The most recent instrument for Parcel 23 and Parcel 23J recorded prior to the date of
adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is in Deed
Book 705, page 60. This is a certificate of plat dated November 15, 1980. The plat by
Roger W. Ray, dated July 17, 1980 shows a survey of 2.98 acres described as being a
portion of the same land acquired by the said E. Morris Chisolm property on April 14,
1950 by the deed recorded in Deed Book 288, page 407. As a result of this transaction,
the residue of Parcel 23 contained 545.021 acres. This 2.98 -acre parcel is identified as
Parcel 23J on Tax Map 31. On the basis of this plat, Parcel 23 is a parcel of record
with five (5) development rights and Parcel 23J is a parcel of record with one (1)
development right.
Deed Book 887, page 483, dated March 1, 1986 conveyed 2.269 acres from Jane Ann
Chisholm Tyler to E. Morris Chisholm. The parcel is more particularly described on the
plat by Kurt Gloeckner dated October 24, 1978 that is recorded in Deed Book 670, page
414. This is identified as Parcel 23H. This transaction had no effect on the development
rights of this parcel.
Deed Book 1395, page 726, dated April 4, 1994, conveyed several tracts of land from
Mary Jane Chisholm, Executor of the Estate of Edward Morris Chisholm to Mary Jane
Chisholm. Among the tracts are the following:
TRACT FIVE: [23H] A certain parcel 2.629 acres shown on the Kurt Gloeckner plat
recorded in Deed Book 670, page 414.
TRACT SIX: [23D] Those two certain tracts shown as D1 containing 35.76 acres and
Tract D2 containing 13.38 acres shown on the A.R. Sweet plat recorded in Deed Book
339, page 398.
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TRACT SEVEN: [23J] A certain tract containing 2.98 acres shown on a plat by R. O.
Snow and R. W. Ray recorded in Deed Book 705, page 61.
Mary Jane Chisholm, Trustee
March 3, 2003
Page 4
TRACT EIGHT: [23] That certain tract containing about 700 acres, less and except one-
half acre reserved for a graveyard, and being the same land conveyed to Edward Morris
Chisholm by the deed recorded in Deed Book 288, page 407, less and except the
following off conveyances: (1) A tract containing 134 acres by deed recorded in Deed
Book 290, page 241. (2) Two tracts containing 1.50 and 13.87 by deed recorded in
Deed Book 304, page 487. (3) A parcel containing 2.629 acres by deed recorded in
Deed Book 670, page 412. (4) A parcel containing 2.98 described as TRACT SEVEN
herein. This conveyance had no effect on the development rights or status as separate
parcels of record of the subject properties of this determination
Deed Book 1720, page 377, dated June 18, 1998, conveyed the same property
described in Deed Book 1395, page 726 from Mary Jane Chisholm to Mary Jane
Chisholm, Trustee under the Mary Jane Chisholm Declaration of Trust dated May 16,
1994. This conveyance had no effect on the development rights or status as separate
parcels of record of the subject properties of this determination.
Based on this history, Tax Map 31, Parcels 23 is determined to be a parcel of record
with five development rights. Parcel 23D is determined to be comprised of two (2)
separate parcels of record. Each of these two parcels contains five development rights.
Parcel 23H is determined to be a separate parcel of record with one development right.
Parcel 23J is determined to be a separate parcel of record with one development right.
These parcels can utilize these 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 to the development right lots, as many parcels containing a
minimum of twenty-one acres may be created as the property can support, if all other
applicable regulations can be met.
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.
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Sincerely,
John Shepherd
Manager of Zoning Administration
Mary Jane Chisholm, Trustee
March 3, 2003
Page 5
Copies: Gay Carver, Real Estate Department,
Reading File
Ella Carey, Clerk to the Board of Supervisors.
Mary Jane Chisholm, Trustee
3260 Earlysville Road
Earlysville, VA 22936
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