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Home My WebLink AboutLOD201800021 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 Rudeen Land Trust Forbes R. Reback 4869 Catterton Rd Free Union, VA 22940 RE: LOD201800021 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS — Parcel ID 01700-00-00-035FO (4869 Catterton Rd, property of Rudeen Land Trust; Forbes Reback & Marshall Slayton, Trustees), Parcel ID 01700-00-00- 03900 (No primary property address, property of Rudeen Land Trust; Forbes Reback & Marshall Slayton, Trustees), Parcel ID 01700-00-00-035F2 (4871 Catterton Rd, Property of Jane L Yager, Life Estate) White Hall Magisterial District Dear Mr. Reback: 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 01700-00- 00-035FO is comprised of one (1) parcel of record, with four (4) theoretical development rights, Parcel ID 01700-00-00-035F2 is comprised of one (1) parcel of record, with one (1) theoretical development right, and Parcel ID 01700-00-00-03900 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 01700-00-00-035F0 contains 28.19 acres and one (1) dwelling, Parcel ID 01700-00-00-035F2 contains 2.01 acres and one (1) dwelling, and Parcel ID 01700-00-00-03900 contains 14.35 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. January 16, 2019 LOD201800021 Page 2 Before December 10, 1980 Parcel ID 01700-00-00-035FO (30.23 acre parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres 666/17 2/20/1979 Y ...all that certain tract or parcel of land ... shown and 30.23 described as Parcel Al, containing 30.23 acres, on plat... attached hereto... and being a portion of the real property conveyed in Deed Book 624, page 494... This plat establishes Parcel 17-35F, referred to as Parcel Al on the plat, and shows it containing 30.23 acres more or less. DB 624, pg. 494 refers to a large parcel of land containing 92.32 acres which this parcel was created from. Because this parcel was created prior to December 10, 1980 and this is the last Deed Book reference prior to that date, the 30.23 acre parcel would have been a parcel of record on December 10, 1980 and would have been allotted 5 development rights. After December 10, 1980 Parcel ID 01700-00-00-035FO (28.19 acre parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres Development Rights 1522 / 485 2/26/1996 Y All that certain lot or parcel of land... containing 2.01 acres and more particularly described as 30.23 5 Revised Parcel A3 on the plat of a survey... attached hereto... Being a portion of the - - property conveyed... in Deed Book 666, page 17. 2.01 1 This plat shows the creation of Parcel ID 17- 35F2 shown here as "Revised Parcel A3." The creation of this parcel after December 10, 1980 from 17-35F means that it required 28.22 4 one development right to subdivide it, leaving 17-35F it with 4. 1522 / 500 2/26/1996 N All that certain tract or parcel of land... containing 28.19 acres and more particularly described as "Residue Parcel Al" on the plat of a survey... in Deed Book 666, page 28.19 4 19 after boundary line adjustments for revisions to Parcel A3 as shown on a plat... attached to a deed... recorded preceding this deed; Being a portion of the property conveyed... in Deed Book 666, page 17. January 16, 2019 LOD201800021 Page 3 3392 / 43 2/16/2007 N Parcel One — TMP 01700-00-00-035F0: All that certain tract or parcel of land... containing 28.19 acres and more particularly described as "Residue Parcel Al" on 28.19 4 the plat of a survey... in Deed Book 666, page 19 after boundary line adjustments for revisions to Parcel A3 as shown on a plat ... in Deed Book 1522, page 485. Being the same property conveyed... in Deed Book 1522, page 500. Before December 10, 1980 Parcel ID 01700-00-00-035F2 Did not exist Deed Date Parcel Change Description Acres Book/Page Y or N Parcel was created after December 10, 1980. After December 10, 1980 Parcel ID 01700-00-00-035F2 (2.01 acre parcel of record) Deed Date Parcel Change Description Acres Development Book/Page Y or N Rights 1522 / 485 2/26/1996 Y All that certain lot or parcel of land... containing 2.01 acres and more particularly described as Revised Parcel A3 on the plat of a survey... attached hereto... Being a portion of the property conveyed... in Deed Book 666, page 2.01 1 17. This plat shows the creation of Parcel ID 17- 35F2 shown here as "Revised Parcel A3." The creation of this parcel after December 10, 1980 from 17-35F means that it required one development right and has no additional development rights given its size. 1734 / 400 8/7/1998 N ...all that certain lot or parcel of land... containing 2.01 acres and more 2.01 1 particularly described as Revised Parcel A3 on the plat of a survey ...of record prior hereto 2067 / 309 8/9/2001 N All that certain lot or parcel of land... containing 2.01 acres and more particularly described as Revised Parcel A3 on the plat... in Deed Book 2.01 1 1522, page 488... being the same property conveyed ... in Deed Book 1734, page 400. 4883 / 432 3/6/2017 N All that certain lot or parcel of land... containing 2.01 acres and more particularly described as 2.01 1 Revised Parcel A3 on the plat... in Deed Book 1522, page 488... being the same property conveyed ... in Deed Book 2067, page 309. January 16, 2019 LOD201800021 Page 4 Before December 10, 1980 Parcel ID 01700-00-00-03900 (13 acre parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres 149/17 10/4/1899 Y ...a certain tract or parcel of land... containing forty acres, more or less... conveyed by ... deed book 84 page 482, and whereas... by this deed agree to divide the said tract or parcel of land between themselves by a survey made... Description of the land provided... containing 13 13 acres two rods and 7 '/2 poles... Description describes the land as being 13 acres more or less. Being a portion of the larger 40 acres. This deed establishes this parcel after it was divided from the original 40 acres. 184 / 298 9/11/1923 N ...all that certain tract or parcel of land, lying and situate in Albemarle County... and according to survey and plat made by B.T. Parrott January 1891, is described as follows, to wit: Deed provides description of the property. The land hereby conveyed is the land... portion of the land 13 conveyed... D.B. 84, p 482, and is the same land in every respect the same land conveyed in D.B. 149 p 17, and reference is herein made to said deeds for a fuller and more accurate description of the land hereby conveyed. The land is the same land as described in DB 149, pg. 17 where it is described as being 13 acres, more or less, and a portion of a larger tract of 40 acres that was conveyed in DB 84, pg. 482. After December 10, 1980 Parcel ID 01700-00-00-03900 (14.35 acre parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres Development Rights 953 / 521 7/17/1987 N ...all that certain tract or parcel of land ... more particularly designated as Parcel 39 on ... the tax maps of Albemarle County and containing by 14.35 5 estimation 14.35 acres, more or less; being the same property conveyed to the said Leaver Jones by deed... in Deed Book 184, page 298. This deed more accurately estimates the acreage of the property as 14.35 acres in place of the 13 acre estimate in DB 149, pg. 17 where the parcel was created. 1311 / 79 3/29/1993 N Deed and Plat describe a 2.98 acre portion of parcel 17-39 that is being put into a permanent easement. The total acreage of 14.35 5 the property is not explicitly listed but the Parcel boundaries look more or less the same to what 17-39 looks like today. The plat also references DB 184-298, this parcel being the "Leacer Jones Estate." January 16, 2019 LOD201800021 Page 5 1948 / 546 8/4/2000 N All that certain tract or parcel of land... containing by estimation 14.35 acres, and more particularly shown on a plat... in Deed 14.35 5 Book 1311, page 83; being the same property conveyed ... in Deed Book 953, page 521. 3392 / 43 2/16/2007 N Parcel Two — TMP 01700-00-00-03900: All that certain tract or parcel of land... containing by estimation 14.35 acres, and more particularly shown on a plat... in Deed 14.35 5 Book 1311, page 83. Being the same property conveyed... in Deed Book 1948, page 546. Based on these deeds; Parcel ID 01700-00-00-035FO is determined to be one (1) parcel of record, comprised of the following: Approximately 28.19 acres+/-, containing four (4) development rights. Parcel ID 01700-00-00-035F2 is determined to be one (1) parcel of record, comprised of the following: Approximately 2.01 acres+/-, containing one (1) development right. Parcel ID 01700-00-00-03900 is determined to be one (1) parcel of record, comprised of the following: Approximately 14.35 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. January 16, 2019 LOD201800021 Page 6 (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.) Please contact me if you have questions or require additional information. Sincerely, ��_ I �;Nzv'_ 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 Acreage Division rights for 21 acre minimum parcels Development rights 01700-00-00-035F0 28.19 0 4 01700-00-00-035F2 2.01 0 1 01700-00-00-03900 14.35 0 5 January 16, 2019 LOD201800021 Page 7 Parcel ID 01700-00-00-035F0, Parcel ID 01700-00-00-035F2, Parcel ID 01700-00-00-03900 7-3537 Legend 17-35G6 8'-'.-• IT-35G8 17-35G2 17-35G5 14.39 acres 2.01 acres 5 DRs 4671 1 DR 17-35G4 17-35F2 17-39 4869 7-35 F 28.19 acres 4 DRs d r 17-42A 17-49 17-SSF1 261 ft 17.40A r�s rm nep n fw asy�*y nry^ses dry • •enar �• Fwn me CamRa�xem mvrgru ad OexrEounrs D� �0. 2aie