HomeMy WebLinkAboutLOD201700036 Letter of Determination 2018-02-15COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
February 15, 2018
James H. Walker
2948 Stoneycrest Lane
North Garden, VA 22959
RE: LOD2017-00036 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 10000000002300, 100000000023A0, 10000000002600
(Property of James H. and Teresa M. Walker) Samuel Miller Magisterial District
Dear Mr. Walker:
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 100, Parcel
23 is comprised of one (1) parcel of record with four (4) theoretical development rights, Tax Map
100, Parcel 26 is comprised of one (1) parcel of record with five (5) theoretical development
rights, and Tax Map 100, Parcel 23A is comprised of one (1) parcel of record with one (1)
theoretical development right. The basis for this determination follows.
Tax Map &
Parcel
Acreage
Division Rights for 21 acre
minimum parcels
Development
Rights
Dwellings
100-23
108.82
4
4
0
100-23A
5.558
0
1
1
100-26
20.63
0
5
0
The most recent deed for Parcel ID 10000000002300, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 558, page 161 and is
dated August 6, 1974.
The Albemarle County Real Estate Assessment records indicate Parcel ID 10000000002300
contains 108.82 acres and no dwellings. The property is zoned RA, Rural Areas.
PRIOR TO DECEMBER 10, 1980
Parcel ID 10000000002300
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
277 / 246
11/1/1947
Y
Parcel of record established.
200
"All that certain tract or parcel of land... Said land is
bounded... and contains, by estimation, about 200 acres,
being all the land in this tract south of Highway 708..."
558 / 161
8/6/1974
Y
Conveyance of 4 acres to create TMP 100-24A.
196
"all that certain tract or parcel... containing 4.000 acres...
(4)
...and being a portion of the property conveyed... in
Deed Book 277, page 246."
February 15, 2018
LOD-2017-00036
Page 2 of 5
AFTER DECEMBER 10, 1980
Parcel ID 10000000002300
Deed
Date
Parcel Change
Description
Acres
Development
Book / Page
Y or N
Rights
891 / 429
7/3/1986
Y
Creation of parcel of record TMP 100-23A
174.5
4
from 100-23.
(-5.558)
"all that certain tract of land... containing
5.558 acres, more or less...... and being a
portion of the property that was conveyed...
in Deed Book 277, page 246."
Note on plat stating '4 Development
Rights remaining with residue. No
development rights are assigned to Parcel
A."
WB
9/8/2008
N
Will of John T. Walker, Jr.
174.5
4
125 / 560
Interest in arcel devised to three sons.
3862 / 632
1/28/2010
Y
Boundary Line Adjustment & Quitclaim.
108.82
4*
"all that certain tract or parcel... containing
108.82 acres, more or less, more
particularly described as Area "B" on a
plat... a copy is attached hereto and
recorded as a part of this deed. This Area
"B" is to be known as Tax Map Parcel
10000-00-00-02300.... a portion of the
property conveyed... in Deed Book 277,
page 246."
Note on plat stating "Development rights
of parcels 23, 24, and 26 are not affected
by this survey."
On the basis of these deeds, Parcel ID 10000000002300 is determined to be one (1) parcel
of record; containing 108.82 acres"-, with a maximum of four (4) theoretical development
rights.* (see below Commentary section for more information)
The most recent deed for Parcel ID 10000000002600, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 393, page 209 and is
dated November 8, 1963.
The Albemarle County Real Estate Assessment records indicate Parcel ID 10000000002600
contains 20.63 acres and no dwellings. The property is zoned RA, Rural Areas.
PRIOR TO DECEMBER 10, 1980
Parcel ID 10000000002600
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
84 / 164
10/15/1884
N
"a certain tract of parcel of land containing eighteen and
18.75
three fourths acres... the metes and bounds of which are
as follows"
103 / 1
12/20/1894
N
"a certain tract or parcel of land containing eighteen and
18.75
three fourths acres... being the same parcel of land
con ve ed... in deed book 84 page 164"
210 / 430
4/20/1925
N
"all of that certain tract or land above referred to,
18.75
containing 18 3/4 acres, more or less, and being the same
land that was conveyed to said Washington Carmichael..
in D.B. 103 S'
223 / 292
4/7/1934
N
"all of that certain tract or parcel of land, containing 18 3/
18.75
acres, more or less... conveyed... in D.B. 210, p.430"
February 15, 2018
LOD-2017-00036
Page 3 of 5
236 / 167
11/18/1935
N
"all of that certain tract or parcel of land, containing 18 3/
18.75
acres, more or less... conveyed... in D.B. 210, p.430,
and being identically the same property which was
con ve ed... in D.B. 223, p. 292"
258 / 434
11/20/1943
N
"all that certain tract or parcel of land... containing
18.75
eighteen and three -fourths (18 3/) acres, more or less,
being in all respects the same land conveyed... in Deed
Book 236, page 167"
270 / 467
10/15/1946
N
"all that certain tract or parcel of land... containing 18 3/
18.75
acres, more or less, being in all respects the same land
con ve ed... in Deed Book 258 page 434"
296 / 527
8/10/1951
N
"all that certain tract or parcel of land... containing 18 %
18.75
acres, more or less, being in all respects the same land
which was conveyed... in Deed Book 270, page 467"
315 / 147
11/1/1954
N
"all that certain tract or parcel of land... containing 18-3/4
18.75
acres, more or less, and being in all respects the same
ro ert conve ed... in D.B. 296, p. 527"
330 / 260
2/19/1957
N
all that certain tract or parcel of land... containing 18-3/4
18.75
acres, more or less, and being in all respects the same
ro ert conve ed... in Deed Book 315, page 147"
330 / 261
2/19/1957
N
all that certain tract or parcel of land... containing 18-3/4
18.75
acres, more or less, and being in all respects the same
property conveyed... and of record in the Clerk's Office of
the Circuit Court of Albemarle County immediately
receedin sic the recordation of this deed."
376 / 341
9/8/1958
N
"Conveyed... by deed dated February 19, 1957... in
18.75
Deed Book 300 page 261, the tract of land herein
described in trust... all that certain tract or parcel of
land... containing 18 3/ acres, more or less, and being in
all respects the same property described in, and
conveyed by, said deed of trust of February 19, 1957,
first above mentioned."
393 / 209
11/8/1963
N
"all that certain lot of parcel of land... containing 18-3/4
18.75
acres, more or less, and being in all respects the same
ro ert conve ed... in Deed Book 376, page 341."
AFTER DECEMBER 10, 1980
Parcel ID 10000000002600
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
1592 / 443
1/31/1997
N
all that certain lot of parcel of land...
18.75
5
containing 18-3/4 acres, more or less, and
being in all respects the same property
con ve ed... in Deed Book 393, page 209."
3862 / 632
1/28/2010
Y
"all that certain tract or parcel... containing
20.63
5
1.00 acres, more or less, more particularly
described as Area "A" on said plat attached,
which Area "A" is to be combined with and
become a part of TMP 10000-00-00-02600,
as shown on said plat.... a portion of the
property conveyed... in Deed Book 277,
page 246."
Note on plat stating "Development rights
of parcels 23, 24, and 26 are not affected
by this survey."
February 15, 2018
LOD-2017-00036
Page 4 of 5
On the basis of these deeds, Parcel ID 10000000002600 is determined to be one (1) parcel
of record; containing 20.63 acres+'-, with five (5) development rights.
Parcel ID 100000000023AO was created after December 10, 1980, the date of adoption of the
Zoning Ordinance. The instrument creating the parcel of record is recorded in Deed Book 891,
page 429 and is dated July 3, 1986.
The Albemarle County Real Estate Assessment records indicate Parcel ID 100000000023AO
contains 5.558 acres and one (1) dwelling. The property is zoned RA, Rural Areas.
AFTER DECEMBER 10, 1980
Parcel ID 100000000023AO
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
891 / 429
7/3/1986
Y
Creation of parcel of record TMP 100-
5.558
1
23A.
"All that certain tract of land... containing
5.558 acres, more or less, and designated
as Parcel A on a plat... attached to this
deed, and being a portion of the property
that was conveyed... in D.B. 277, p. 246."
Note on plat states "4 Development Rights
remaining with residue. No development
rights are assigned to Parcel A." This
note is erroneous, as Parcel A (TMP 100-
23A) was actually assigned the requisite
one (1) development right required to create
the parcel under 21 acres.
On the basis of this deed, Parcel ID 100000000023AO is determined to be one (1) parcel of
record; containing 5.558 acres+'-, with one (1) development right.
Commentary and Determination on Development Right Assignment Language
Of note in this determination are two instances of problematic language regarding the
assignment of development rights to parcels.
In the first instance, the plat recorded in Deed Book 891, page 429 on July 3rd, 1986 contains a
note stating "4 Development Rights remaining with residue. No development rights are assigned
to Parcel A." This note is erroneous because as mentioned in the above table, Parcel A (TMP
100-23A) was actually assigned the requisite one (1) development right required to create the
parcel under 21 acres. However, this note does not pose an issue to this determination of
development rights.
In the second instance, the plat recorded in Deed Book 3862, page 632 on January 28t", 2010
contains a note stating "Development rights of parcels 23, 24, and 26 are not affected by this
survey". This instrument was for a boundary line adjustment that transferred a 61.22 acre
portion of TMP 100-23 containing what appears to be two dwelling units to TMP 100-24. It is
my determination that the language of this note did not satisfactorily allocate
development rights to the parcels affected by the division pursuant to Section 10.3.2 of
the Zoning Ordinance: as such, the allocation of development rights will need to be
resolved by the owners of the affected parcels prior to any further division. However, for
the purposes of this letter and as determined above, Parcel ID 10000000002300 contains a
February 15, 2018
LOD-2017-00036
Page 5 of 5
maximum of four (4) theoretical development rights, and the actual number may be subject to
change pending the proper allocation of development rights to the parcels affected by the above
referenced boundary line adjustment.
These 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
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.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, 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/cdapps. 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 Zoning Ordinance. They may be reviewed online at
www.albemarle.org/countycodebza.
(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.
Sincerely,
Andrew J. Knuppel
Planner, Designee of the Zoning Administrator
Attachment: Map delineating parcels of record.
Copy: Claudette Borgersen, Clerk of the Board of Supervisors
Ches Goodall, ACE Coordinator
LOD2017-00036 Parcels of Record
100_2
Legend
8 8-1 9
(Note: Some items on map may not appear in legend)
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100-24
100-27G
TMP 100-23
1 Parcel of Record
Maximum of 4 100-27E '--
--
Development Rights* Too
100-23 ��� �,
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1110 100-27A
TMP 100-23A vp`' 133
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100-33C �o
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100-33B
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100-25
100-26
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1 Parcel of Record
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5 Development Ri is 0
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100-33 0
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"See "Commentary and Determination on Development Right"
Geographic Data Services
Assignment Language" in the letter for an explanation.
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Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 16, 2018