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Home My WebLink AboutLOD201800023 Letter of Determination 2019-01-24�'IRGiN�� 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 17, 2019 Peter A Wiley 503 Faulconer Dr. Ste 6 Charlottesville, VA 22903 RE: LOD201800023 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS — Parcel ID 01600-00-00-03000 (5833 Wesley Chapel Rd, Property of Carrboro Limited Partnership) White Hall Magisterial District Dear Mr. Wiley: 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 01600-00- 00-03000 is comprised of one (1) parcel of record, with four (4) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 01600-00-00-03000 contains 822.78 acres and two (2) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 01600-00-00-03000, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 647, page 258 and is dated May 25, 1978. Before December 10, 1980 Parcel ID 01600-00-00-03000 (843.79 acre parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres 647 / 258 5/25/1978 Y ...all that certain tract or parcel of land... containing in the 843.79 aggregate 843.79 acres as shown on plat... attached hereto and made a part of this deed. The property ... was acquired ... as follows: Parcel A DB 382, p.375 Parcel B DB 382, p. 379 Parcel C DB 390, p. 340 Parcel D DB 463, p. 584 Parcel E DB 463, p. 568 The singular nature of "all that certain tract" and "containing in the aggregate" implies that the aggregate of 843.79 acres was one parcel of record on the date of the adoption of the zoning ordinance, December 10, 1980. Additionally, the plats description states, "Plat showing a survey of an 843.79 acre tract," January 17, 2019 LOD201800023 Page 2 implying that it is one tract of land. The 1979 Albemarle County Tax Maps show it as one parcel of record as well. Lastly, the deed's description states, "The property hereby conveyed was acquired... as follows" before listing the parcel references A-E. This description provides a record of how the property was acquired, but does not imply that the property contains the separate parcels A-E. In conclusion, there is not enough evidence to suggest that parcel 01600-00-00- 03000 was anything more than 1 parcel of record on the date of the adoption of the zoning ordinance. After December 10, 1980 Parcel ID 01600-00-00-03000 (822.78 acre parcel of record) Deed Parcel Development Book/Page Date Change Description Acres Rights YorN 854 / 633 10/8/1985 Y ...all that certain tract or parcel of land... containing 843.79 5 11.336 acres as shown on the attached plat ... This is a portion of the property conveyed... in Deed - - Book 647, page 258. The plat notes state the allocation of 11.336 1 development rights. 1 development right was used to create this parcel as described in DB = _ 647 / 258. The remaining 832.454 acres now has 4 development rights. 832.454 4 997 / 60 5/19/1988 Y ...all that certain tract or parcel of land... containing 832.454 4 9.674 acres as shown on the attached plat ... This is a portion of the property conveyed... in Deed Book - - 647, page 258. 9.674 acres of land was added to that parcel 9.674 0 created in DB 854 / 633. No further development rights were used so Parcel 16-30 retains 4 = _ development rights and now contains 822.78 acres. 822.78 4 1018 / 461 6/9/1988 N ...all that certain tract or parcel of land... more 822.78 4 particularly described as 822.78 acres, more or less, being the 843.79 acres ... shown on a plat... in Deed Book 647, page 261, less and except 11.336 acres conveyed... in Deed Book 854, page 633... and less and except 9.674 acres conveyed... in Deed Book 997, page 60... This property is a portion of the property... in Deed Book 647, page 258. 1584 / 308 12/12/1996 N All that certain tract or parcel of land... particularly 822.78 4 described as 822.78 acres, more or less, being the 843.79 acres... shown on a plat ... in Deed Book 647, page 261, less and except 11.336 acres conveyed... in Deed Book 854, page 633... and less and except 9.674 acres conveyed... in Deed Book 997, page 60... The Property conveyed herein is the same property conveyed... in Deed Book 1018, page 461. January 17, 2019 LOD201800023 Page 3 Based on these deeds; Parcel ID 01600-00-00-03000 is determined to be one (1) parcel of record, comprised of the following: Approximately 822.78 acres+/-, containing four (4) development rights. The parcel is entitled to the noted 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 contain less than twenty one acres allowed to be created by right. Additional lots of 21 acres or larger can be created. 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.) Please contact me if you have questions or require additional information. Sincerely, //(� VAW�,__ Kevin McCollum Planner Designee to the Zoning Administrator Attachment: Map delineating parcel(s) of record and development rights. Tax Map/Parcel 16-30 16-2 ifi-1yJ ,s 2 p 15.25 is 2S ,vx �17 3 17-2�317 2D4 \ 17 a9 10 ) Legend (Note: Some items on map may not appear in legend) ry� ^ + ( ? 7 50 0 '—i ^ 116-2116-22 16-26 ^� 17-5D to I 17--108 F 17-7 B x- `' t 17 10 7 CX MOUNTAIN r�C 17-105 ..... - o —o" e a�REs Es,a,o„ A 17. 53 ))r ! � ®CB °a"� 16-23 17 m 17-10 fi ��--17=104B 17-105B ® PoFF EON 16-24 ^ 17-7 �1 AM1 z rn 1 17� 10�4A. 1fi-27 ®aE REpr�rta asM oP.—N 17 9 03B' 17-103 -A '"-1715 16-33B �'� 17-81C 16-17 �' lop •rPe 17-55 17-]10`0 G 1 1 17-26B 17-99 17 8 Q' j 16-33 7 6 17-98 �g j;. 1 sy 17-8B 601 17-60 17-26D 17 IA 16-33 , Parcel16-30 �. 822.78 Acres1{-6� P 4 Development Rights fj 17 63 16-15A ifi- 5A3 17-65 16-30 16-15F 671 \ %\ 17-12 �615A2 ir7-13B1� -� 17-13B 1fi-13A16-15D 17-13 C17-1;3C 16-15A1 16-30B 17-25A rs r3D R601 76 36 13 � 16-15C z '`� >� A 16-37-25D� 17-15 -' 1 fi-136 } 16-45 16-59 17-16B 17-16A� 1258 ft 16-6 B 1 co 01` A 16-39 1 1fiC h� 17-16 y�FA F 9 �� -IIII GIS-Web g Geographic Data Services 16-7 i6=7A 16-40 16-46 16-55 �l' www.aIbemarle.org y�RG. (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 10, 2019