HomeMy WebLinkAboutLOD201800020 Letter of Determination 2019-01-16IRG1-
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 16, 2019
Camp Holiday Trails
RE: LOD201800020 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 07500-00-00-047CO (400 Holiday Trails Ln, Property
of Holiday Trails Inc.) Samuel Miller Magisterial District
To whom it may concern:
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 Parcel ID 07500-00-
00-047CO is comprised of one (1) parcel of record, with five (5) theoretical development rights.
The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 07500-00-00-047CO
contains 70.38 acres and zero (0) primary dwelling units. The property is zoned RA, Rural
Areas.
Before December 10, 1980
Parcel ID 07500-00-00-047CO (70.87 acre parcel of record)
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
32 / 209
2/19/1835
N
...a certain tract or parcel of land in the aforesaid County
lying among the Ragged Mountains and waters of Moores
117
Creek, containing one hundred and seventeen acres more
or less and bounded as follows...
Plat provides a written description of the 117 acres.
38 / 373
2/8/1840
N
...the tract of land ... lying in the County of Albemarle... the
number of acres not exactly known ... land which Robert
(72)
Battles died seized...
Acreage not defined and no written description
provided.
January 16, 2019
LOD201800020
Page 2
157 / 452
11/3/1914
Y
...two tracts of land ... the one tract containing one hundred
and seventeen (117) acres more or less ... by deed date
117
February 19, 1835... in Deed Book 32 page 209... and the
other tract containing seventy two (72) acres... more or less
+
and being the same land ... by deed dated February 8,
1840... in deed book 38, page 373, the said two tracts being
72
adjacent...
...two tracts or parcels of land... containing together one
=
hundred and eighty nice (189) acres ... by a survey... hereto
attached and recorded along with this deed.
189
This deed describes the 189 acres as being two tracts
of land, a 117 acre parcel and a 72 acre parcel.
Attached survey shows the boundary of the 189 acres
together, without individual parcel lines.
259 / 449
7/21/1943
N
...that certain tract or parcel of land... consisting of two
tracts of land aggregating 189 acres 1 contains 117 acres
more or less and the second tract consisting of 72
acre... more or less, and being the same tract of land... in
189
D.B. 157, p. 452, to which deed is attached a plat of said
land.
Same tract of land as mentioned above consisting of
two parcels and containing 189 acres.
359 / 61
5/28/1960
N
A tract of land containing 189 acres, more or less, being the
189
land described... in D.B. 259 page 449...
577 / 434
7/21/1975
Y
...all that certain tract or parcel of land... containing 70.87
acres, and being more particularly described as Parcel B on
plat... hereto attached... and being a portion of a tract of
359.5 acres, more or less, which was conveyed... in D.B.
70.87
359, p. 61.
The aforesaid Parcel B, containing 70.87 acres, is a portion
of a 189 acre tract, a plat of which is recorded... in D.B. 157,
p. 455.
The plat recorded with this deed establishes Parcel
07500-00-00-047CO as being its own parcel containing
70.87 acres, more or less. Based on these deeds it is
unclear whether or not it is the same parcel as the 72
acres, but for the purposes of this determination it
does not matter and this Deed establishes the 70.87
acres as its own parcel, a portion of the 189 acres.
January 16, 2019
LOD201800020
Page 3
After December 10, 1980
Parcel ID 07500-00-00-047CO (70.38 acre parcel of record)
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
4128 / 739
12/20/2011
Y
All that certain tract or parcel of land shown as
"Special Lot — 0.491 Ac. Portion of Holiday
70.87
Trails, Inc. Tax Map 075-47C" on plat... attached
hereto and recorded herewith.
-
5
BEING a portion of the property conveyed... in
.49
Deed Book 577, page 434.
The plat attached shows the boundaries of a
.49 acre parcel that was sold off of the 70.87
70.38
acres, recognized today as Parcel ID 07500-
00-00-047C2.
Based on these deeds;
Parcel ID 07500-00-00-047CO is determined to be one (1) parcel of record, comprised of
the following:
Approximately 70.38 acres+/-, containing five (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
with which they are associated. These development rights are theoretical in nature but do
represent the maximum number of lots contain 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.)
January 16, 2019
LOD201800020
Page 4
Please contact me if you have questions or require additional information.
Sincerely,
Kevin McCollum
Planner
Designee to the Zoning Administrator
Attachment: Map delineating parcel(s) of record and development rights.
Copy: Ches Goodall, ACE Program Coordinator
TMP
I Acreage
Division rights for 21 acre minimum parcels
Development rights
07500-00-00-047C0
1 70.38
2
5
January 16, 2019
LOD201800020
Page 5
Parcel ID 07500-00-00-047CO Containing
70.38 acres with 5 Development Rights
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