HomeMy WebLinkAboutLOD201600014 Letter of Determination 2016-09-08COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 9724126
September 8, 2016
Ches Goodall
1516 West Ave
Richmond VA 23220
RE: LOD2016-00014 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel IDs 05700-00-00-043CO3 05700-00-00-04400, 05700-00-00-
044A0, 05700-00-00-04500, 05700-00-00-04600, and 05700-00-00-046A1 (Property of
BUCK'S ELBOW FARM CORP) Samuel Miller Magisterial District.
Dear Mr. Goodall:
The County Attorney and I have reviewed the title information for the above -noted properties. It is
the County Attorney's advisory opinion and my official determination that
Parcel IDs 05700-00-00-043CO is comprised of one (1) parcel of record with three (3) theoretical
developments rights, 05700-00-00-04400 is comprised of two (2) parcels of record one parcel
with five (5) theoretical developments rights and a separate parcel with five (5) theoretical
developments rights, 05700-00-00-044AO is comprised of one (1) parcel of record one with three
(3) theoretical developments rights, 05700-00-00-04500, is comprised of one (1) parcel of record
with three (3) theoretical developments rights,05700-00-00-04600 is comprised of one (1) parcel
of record with five (5) theoretical developments rights, and 05700-00-00-046A1 is comprised of
one (1) parcel of record with five (5) theoretical developments rights. The basis for this
determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel IDs 05700-00-00-043CO
contains 6.143 acres and zero (0) dwellings, 05700-00-00-04400 contains 34.14 acres and zero
(0) dwellings, 05700-00-00-044A0 contains 7.796 acres and zero (0) dwellings, 05700-00-00-
04500 contains 7.13 acres and zero (0) dwellings, 05700-00-00-04600 contains 72.30 acres
and zero (0) dwellings, and 05700-00-00-046A1 contains 26.837 acres and zero (0) dwellings.
The property is zoned RA, Rural Areas.
The most recent deeds for the following parcels, recorded prior to December 10, 1980, the date
of adoption of the Zoning Ordinance: Parcel IDs - 05700-00-00-04400, 05700-00-00-04600 and
05700-00-00-046AI is recorded in Deed Book 317, page 319 dated July 5, 1955; 05700-00-00-
04500 is recorded in Deed Book 508, page 571 dated June 15, 1972, 05700-00-00-043CO is
recorded in Deed Book 528, page 257 dated May 8, 1973, , 05700-00-00-044AO is recorded in
Deed Book 562, page 609 dated July 29, 1974.
September 8, 2016
LOD-2016-00014
Page 2 of 8
PRIOR TO DECEMBER 10, 1930
Parcel ID 05700-00-00-043C0 6.37 acres
Deed
Book 1 Page
Date ! Parcel Change
Y or N
Description
Acres
3701430
07/17/1961 + Y
Plat of a division into 3 parcels, PARCEL "A" 8.02 acres,
6.37
PARCEL "B" 33.87 acres, and PARCEL "C' 6.37 acres.
This deed transferred Parcel B.
528 / 257
06/08/1973
N
DEED OF EXCHANGE of Parcel "C" on plat in DB 370 P
6.37 j
430 for interest in a 78.9 acre tract from DB 354 P 59
PRIOR TO DECEMBER 10,1980
Parcel ID 05700-00-00-04400 (26 acres & 42 acres)
Deed
Date
Parcel Change I Description
Acres
Book 1 Page
Y or N
99 1160 02/22/1889
N ; This deed recoded a plat that shows Lot No. 1 as 68 acres,
68
Lot 2 as 25'/4 acres and Lot 3 as 20'/ acres.
100/150
11/17/1893
Y
...a tract of 26 acres of land... and described according to a
26
Survey and plat made by J.T.E. Simms. County Surve or...
1501258 09/14/1912
N
—that certain tract or parcel of land... containing forty-two
acres, more or less, and being a portion of a sixty-eight acre
42
tract of land which was conveyed in DB 84 P 454... A tract
of 26 acres which is a portion of said 68 acre tract, which
was conveyed... in DB 100 P 150.
1591259
03/25/1915 1 N
...all that certain tract or parcel of land... conveyed in DB
100 P 150, together with a plat thereof at page 151...
26
i described as follows: "A tract of 26 acres of land ...
described according to a survey and plat made by J.T.E.
i Simms, County Surveyor...
2001251
04/21/1928 ! N
... the following property to -wit:
First: All that certain tract or parcel of land... containing 42
42
acres, more or less, and being the same property in... DB
150 P 258.
&
i
Second: All that certain tract or parcel of land... containing
26
i
26 acres, and being the same property in... DB 159 P 259.
This tracts is described according to a plat recorded in... DB
i 100 P 151.
There is no deed that officially combines the 42 acre and the 26 acre tracts. The following deeds just started to refer to
the property as one tract of 68 acres. This letter is determining that the one 68 acre tract is actually two tracts, one of 42
acres and one of 26 acres.
2181 142
11/30/1932
N ...all that certain tract or parcel of land... containing 68
68
acres, more or less... and which in all respects is the same
` tract conveyed... in DB 200 P 521.
2951595
05/10/1951
N ...all of that certain tract of land containing 68 acres; more or
68
less... and being in all respects the same property in... DB
218P142
310 / 598
05/25/1954
N . all that certain tract of 68 acres, more or less... being the
68
same property in... DB 295 P 595
317 / 319
07/05/1955 i N ...the following three tracts or parcels of land:
I. All that certain tract or parcel of land containing
68 acres, more or less, and being the same
68
property in... DB 310 P 598.
II.
I —�
September 8, 2016
LOD-2016-00014
Page 3 of 8
PRIOR TO DECEMBER 10,1980
Parcel ID 05700-00-00-044AO (7.8 acres)
Deed
Book 1 Page
Date
Parcel Change
Y or N
Description
Acres
562 / 609
07/26/1974
Y
Plat of a division into 3 parcels, PARCEL 1 7.8 acres,
PARCEL 2 7.67 acres, and PARCEL 3 8.0 acres. This deed
7.8
transferred Parcel 3.... being a portion of the property
conveyed in DB 317 P 319.
Parcel 1 and 2 remained with grantor.
These three PARCELS were created from the 42
acre portion of the 68 acres referenced in the DB
317 P 319. These parcels total 23.47 acres. The
noted plat does not reference the residue
acreage but by calculation the residue would
have been 18.63 acres.
PRIOR TO DECEMBER 10,1980
Parcel ID 05700-00-00-04500 (10.68 acres)
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
991160
02/22/1889
Y
... all that certain tract of land ...containing twenty five and
25.25
one fourth acres...
446 / 331
07/26/1968
N
... all her one -quarter undivided interest in and to that certain
25.25
tract or parcel of land, containing 25'/ acres, more or less,
being the same property conveyed in... DB 99 P 160
451 1525
11/25/1968
N
...a three -fourths undivided interest in and to that certain
25.25
tract or parcel of land ...containing 25'/a acres, more or less,
being the same property conveyed in... DB 99 P 160
5081571
06/15/1972
Y
...all that certain parcel of land..., containing 14.57 acres.
25.25-
Said parcel is a portion of property conveyed in DB 446 P
331 and DB 451 P 525
14.57 =
The platting of the 14.57 acre tract split the
10.68
remaining portion of TMP 57-45 in two parts.
The plat for the 14.57 acres did not reference
how much acreage remained with the remaining
part of Parcel 45, by calculation it would have
left 10.68 acres. The 10.68 acres may not be
entirely correct since it appears that the 14.57
acres may have small portions of what would
have been the 26.9 acres from Parcel 46A1. Until
a revised survey is platted the 10.68 acres is .
sufficient for this determination.
September 8, 2016
LOD-2016-00014
Page 4 of 8
PRIOR TO DECEMBER 10,1Wou
Parcel ID 05700-00-00-04600 (72.30 acres
i Deed Date I Parcel Change I Description Acres
Book 1 Pa e Y or N
171 1517 11/10/1919 ! Y a certain tract or parcel of land... containing 72.3 acres, 72.30
j more or less, and according to plat of Hugh F. Simms, dated
March, 1917 and attached hereto as part of this deed...
1 317 / 319 07/05/1955 N ...the following three tracts or parcels of land: I
II. All that certain tract or parcel of land containing
72.3 acres, more or less, and described by 72.30
metes and bounds by plat of Hugh F. Simms,
S.A.C., dated March, 1917... in DB 171 P 517.
� Ill
PRIOR TO DECEMBER 10, 1980
Parcel ID 05700-00-00-046A1 26.90 acres
Deed i Date Parcel Change Description Acres
Book I Page I Y or N
315 / 425 03/29/1955 } Y ...all that certain lot or parcel of land... containing 43.6 acres
by estimate as shown on plat of C.H Shapleigh dated
March, 1955 hereto attached. Said 43.6 acre tract of land is 26.90
that portion of the seventy and one-half acre tract shown on +
f plat recorded in DB 150 P 487, which lies east of Route !
#682.
This would leave 26.9 acres on the west side of
Route #682. It is this deed that creates the 26.9
acre tract as the residue of the 70.5 acre tract +
after the 43.6 acres is platted with this deed. i
317 f 319
07/05/1955
N i the following three tracts or parcels of land: ... 1. ...
III. All that certain tract or parcel of land containing
26.90
€
26.9 acres, more or less, and being all that
I remains of a certain tract of 70'/ acres, more or
j less, ... after conveyance... of 43.6 acres... in
DB316P425.
I
September 8, 2016
LOD-2016-00014
Page 5 of 8
AFTER DECEMBER 10, 1980
Parcel ID 05700-00-00-043C0 — (6.37 acres)
Deed-
Date
Parcel Change
Description
Acres
Development
Book 1 Page
Y or N
Rights
721 1102
6/15/1981
N
All that certain tract or parcel of land... containing
6.37
3
6.37 acres... shown as Parcel "C" on a plat ...in
DB 370 P 432.
AFTER DECEMBER 10, 1980
Parcel ID 05700-00-00-04400 — 23.57 acres and 10.27 acres
Deed
Book 1 Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
7211102
6/15/1981
Y
All that certain tract or parcel of land... containing
30.59 acres and being all of a tract of 44.4 acres,
except the residence tract of land on Buck's Elbow
Farm consisting of the house and 13.85 acres
described as Parcel 11 on a plat... attached hereto
and recorded herewith... and being part of 68
acres, more or less, which was conveyed in DB
317 P 319.
This description was taken from the
deeds that referenced the parcel as 68
acres total and not two separate parcels
of 42 acres and 26 acres. That being
said the remaining portions of each of
the two parcels is calculated as follows:
It is determined that as of December 10,
1980, Parcel 44 was actually two
separate parcels, one of 42 acres and
one of 26 acres. The 42 acre portion
was divided in July of 1974 in DB 562 P
608 which showed the creation of three
parcels. The total of these three parcels
is 23.47 acres. This 23.47 acres would
have been removed from the 42 acre
portion noted above, leaving by
calculation 18.53 acres as of 12/1011980.
23.57
5
Then in June of 1981 a 13.85 acre parcel
is created with portions of both the 42
acre and 26 acres, this Is now Parcel
44D. On the plat of the 13.85 acres
10.27
5
there is no calculation of the area for
each portion, thus those areas have
been approximated by calculation and
subtracted from both the 42 acres and
the 26 acres. This calculation would
leave 23.57 acne; from the 26 acres and
10.27 acres from the 18.53 acres. The
plat for the 13.85 acres notes that no
development rights are transferred thus
5 development rights remain with each
portion of Parcel 44, 23.57 acres and
10.27 acres.
September 8, 2016
LOD-2016-00014
Page 6of8
AFTER DECEMBER 10, 1980
Parcel ID 05700-00-00-044AO — (7.8 acres)
Deed Date
Parcel Change
Description
Acres
Development
Book 1 Page
Y or N
Rights
721 1102
; 6/15/1981
, N ...more particularly described as follows:
7.8
i 3
PARCEL 1: All of that certain tract or parcel of
land... containing 7.8 acres designated as Parcel 1
of Buck's Elbow farm on a plat... in DB 562 P 611:
;
and being part of a tract of 68 acre, more or less,
a
' conveyed... in DB 317 P 319.
1058 / 626
7/05/1989
N
! All that certain lot or parcel of land... containing 7.8
7.8
; 3
acres designated as Parcel 1 of Buck's Elbow fame
on a plat ... in DB 562 P 611... being the same
property conveyed in DB 721 P 102.
i
1334188 8/09/1993 N
All that certain lot or parcel of land... containing 7.8
7.8
3
acres designated as Parcel 1 of Buck's Elbow farm
on a plat ... in DB 562 P 611... being the same
i
property conveyed in DB 1058 P 626.
AFTER DECEMBER 10, 1980
Parcel ID 05700-00-00-04500 — 7.52 acres
j Deed Date Parcel Change ; Description Acres Development
Book/ Pane Y or N Rights
721 1 102 6/15/1981 i Y ' ... more particularly described as follows:
PARCEL 5: All of that certain tract or parcel of '
land... containing 10.68 acres... and being all that
remains of a certain tract of 25.25 acres after
1 conveyance... of 14.57 acres...
This deed also records a plat of 13.85
acres. The 13.85 acres is made up of
portions of Parcel 44 and Parcel 45 and
is known to today as Parcel 44D. The
acreage for the portion of Parcel 45 is
not stated on the plat and the remaining
acreage of Parcel 45 to the south of
Parcel 45A is also not stated. By
calculation there would be
approximately 7.52 acres in the
remaining portion of Parcel 45 which is
south of Parcel 45A.
The plat in this deed book notes that no
development rights are being
transferred to Parcel 11 (TMP 57-44D).
This would mean that all original 5
development rights would remain with
Parcel 45. That said, the approximate
acreage of 7.52 acres remaining would
be able to potentially utilize only 3 of
the 5 development rights.
Approx
3 j
7.52 potentially
viable
(5 total)
September 8, 2016
LOD-2016-00014
Page 7 of 8
AFTER DECEMBER 10, 1980
Parcel ID 05700-00-00-04600 — (72.3 acres)
Deed
Book 1 Pa e
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
721 1102
6/15/1981
N
... more particularly described as follows:
PARCEL 4: All of that certain tract or parcel of
land... containing 72.3 acres... and described by
72.3
5
metes and bounds by plat... in DB 171 P 517...
and being part of the property conveyed in DB 317
P 317.
AFTER DECEMBER 10, 1980
Parcel ID 05700-00-00-046AI — (26.9 acres)
Deed
Book I Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
721 1102
6/15/1981
N
...more particularly described as follows:
PARCEL 3: All of that certain tract or parcel of
land... containing 26.9 acres, more or less,... and
26.9
5
being all that remains of 70 % acres, more or less,
described by metes and bounds by plat... in DB
150 P 485... after conveyance... of 43.6 acres by
estimate as shown on a lat... in DB 315 P 425.
On the basis of these deeds
Parcel ID 05700-00-00-043CO is determined to be one (1) parcel of record, comprised of
approximately 6.143 acres*'-, containing 3 development rights;
Parcel ID 05700-00-00-04400 is determined to be two (2) parcels of record, one comprised
of approximately 23.57 acres*', containing 5 development rights and one comprised of
approximately 10.27 acres*'-, containing 5 development rights;
Parcel ID 05700-00-00-044AO is determined to be one (1) parcel of record, comprised of
approximately 7.8 acres', containing 3 development rights;
Parcel ID 05700-00-00-04500 is determined to be one (1) parcel of record, comprised of
approximately 7.52 acres', containing 3 development rights;
Parcel ID 05700-00-00-04600 is determined to be one (1) parcel of record, comprised of
approximately 72.30 acres*'', containing 5 development rights; and
Parcel ID 05700-00-00-046AI is determined to be one (1) parcel of record, comprised of
approximately 26.9 acres*'', containing 5 development rights.
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 parcel of
record 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.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of
this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this
determination shall be final and unappealable.
September 8, 2016
LOD-2016-00014
Page 8 of 8
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the
Board of Zoning Appeals, in accordance with Chapter 18, Section 34.3 of the Albemarle County
Code, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org/cda.pps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Albemarle County Code. They may be reviewed online at
www.albemarle.org/counlycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
If you have any questions, please contact me.
Sincerel
Francis H. Mac all
Principal Planner
Attachment: Map delineating parcel of record
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate BUCKS ELBOW FARM CORP
Ella Jordan, Clerk of the Board of Supervisors CIO MARY JORDAN BAKER
2301 WINDSOR ROAD AUSTIN TX 78703
LOD2016-00014 BUCK'S ELBOW FARM
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