HomeMy WebLinkAboutLOD201900022 Letter of Determination 2019-11-07COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 7, 2019
Brian S. Ray
Roger W. Ray & Assoc.
663 Berkmar Court
Charlottesville, VA 22901
RE: LOD201900022 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 13000-00-00-00500 (8038 Langhorne Rd, Property of
John & Karlen Layne) Samuel Miller Magisterial District
Dear Mr. Ray:
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 13000-00-
00-00500 is comprised of two (2) parcels of record, one with 4 and one with 6 theoretical
development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 13000-00-00-00500
contains 186.32 acres and one (1) dwelling. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 13000-00-00-00500, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 608, page 327 and is
dated October 29, 1976.
October 7, 2019
LOD201900022
Page 2
Before December 10, 1980
Parcel ID 13000-00-00-00500 (West)
Parcel ID 13000-00-00-00500 (East)
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
145 / 436
4/29/1911
Y
...all that certain tract or parcel of land... containing one
130-5 (W)
hundred and nine tenths (100 9/10) acres, as shown by plat
100 9/10
and survey... recorded as part of this deed ... The property
hereby conveyed is a portion of the tract known as the
Home Tract or Mansion House tract, being of the tracts
which was conveyed... in Deed Book 69, page 834.
Plat shows the location of the 100 9/10 acres as being
to the West of Warren road.
150 / 38
7/16/1912
N
...a certain tract or parcel of land... containing one hundred
130-5 (W)
and nine tenths (100-9/10) acres and being the same land
100 9/10
that was conveyed ... in Deed Book 145, page 436.
152 / 20
3/6/1913
Y
...all that certain tract or parcel of land... it being a part of
130-5 (E)
the land known as the "Coleman Farm" ...That part of the
50
Coleman tract herein conveyed contains fifty (50) acres ... A
plat of said fifty acres of land... is herewith filed as a part of
this deed.
Plat shows the location of the 50 acres as being on the
East side of Warren road.
156 / 227
3/26/1914
N
...all that certain tract or parcel of land... containing one
130-5 (W)
hundred and nine tenths acres and bounded as
100 9/10
follows ... and being the same land... in Deed Book No. 150,
page 38.
158 / 164
11/4/1914
N
...all that certain tract or parcel of land, containing and
130-5 (E)
being fifty (50) acres... being the same land... in deed book
50
152 page 20.
175/456
1/18/1921
N
...all those two certain tracts of land ... the first of said
130-5 (W)
tracts of land contains fifty (50) acres, more or less ... lying
100 9/10
on the east side of the public warren road... being the same
tract of fifty acres of land which was conveyed... in deed
130-5 (E)
book #158 page 164... The second of said tracts of land
50
contains one hundred and nine tenths (100 9/10) acres,
more or less, and is separated from the above described
fifty acre tract by the said warren road... being the same
land which was conveyed ... in deed book #156 at page 227.
608 / 327
10/29/1976
N
...all that certain tract or parcel of land... containing 150
130-5 (W)
acres, more or less, and being Section 130, Parcel 5 of the
100 9/10
Albemarle County Tax map and being the same property
in all respects... in Deed Book 175, page 456. Reference
130-5 (E)
is hereby made to the aforesaid deed for a more particular
50
description of the property hereby conveyed.
Because the property is to be considered the same in
all respects to Deed Book 175 page 456, the two
parcels are separate and have not been combined by
this deed.
October 7, 2019
LOD201900022
Page 3
After December 10, 1980
Parcel ID 13000-00-00-00500 (West)
Parcel ID 13000-00-00-00500 (East)
Deed
Date
Parcel Change
Description
Acres
Development
Book/Page
Y or N
Rights
1000 / 734
6/28/1988
Y
...all that certain tract or parcel of
130-5 (W)
130-5 (W)
land... shown and described as Parcel A
100.9
5
containing 3.543 acres on plat... attached
-
-
hereto ... being a portion of the property which
3.543
1
was conveyed... in Deed Book 608, page
=
_
327.
97.357
4
Parcel A, as shown on the plat, was
subdivided from TMP 130-5 (W) utilizing 1
130-5 (E)
130-5 (E)
development right. The notes on the plat
50
5
specifically say that the residue TMP 130-
5 W retains 4 development rights.
1343 / 39
8/13/1993
Y
First: all that certain tract or parcel of
130-5 (W)
130-5 (W)
land... shown and described as Parcel B
97.357
containing 5.934 acres on plat... attached
-
hereto...
5.934
Second: all that certain tract or parcel of
-
land ... shown and described as Parcel C
.021
containing .021 acres on the abovesaid
=
plat...
91.402
4
The above two parcels are a portion of the
property... in Deed Book 608, page 327.
130-5(E)
130-5(E)
Parcel B and C were added to Parcel A
50
5
and given no additional development
rights.
3014 / 519
6/15/2005
Y
...all that certain tract or parcel of land ... save
130-5 (W)
130-5 (W)
and except Parcel X containing 45 acres as
91.402
4
shown on plat... attached hereto ... This
property is a portion of the property which
130-5 (E)
130-5 (E)
was conveyed in ... Deed Book 987, page
50
5
499.
+
+
45 acres were added to TMP 130-5 (E)
45
1
from TMP 130-17. Parcel X was allocated
=
_
1 development right and may only be
95
6
used within its December 10, 1980
boundaries. Parcel 130-5 (E) now has 6
development rights.
4684 / 79
10/12/2015
N
All that certain parcel of land... containing
130-5 (W)
130-5 (W)
186.32 acres, as shown on a plat... in Deed
91.402
4
Book 3014, page 523.
Being the same property... in Deed Book
130-5 (E)
130-5 (E)
608, page 327; and
95
6
Further being a portion of the same property
conveyed... in Deed Book 987, page 499.
October 7, 2019
LOD201900022
Page 4
Based on these deeds;
Parcel ID 13000-00-00-00500 is determined to be two (2) parcels of record, comprised of
the following:
Approximately 91.402 acres+/-, containing four (4) development rights.
Approximately 95 acres+/-, consisting of 50 acres containing five (5) development rights
and 45 acres containing one (1) development right.
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 Albemarle County Code § 18-34.3, along with
a fee of $258. Additionally, a separate fee is required for the cost of providing notice and
advertising of the appeal for a 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,
A&v ��� ��_
Kevin McCollum
Planner
Designee to the Zoning Administrator
Attachment: Map delineating parcel(s) of record and development rights.
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
TMP 130-5
Legend
(Note: Some items on map may not appear in legend)
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Geographic Data Services
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(434) 296-5832
Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. September 23, 2019
Map elements may scale larger than GIS data measured in the map or as provided on the data download page due to the projection used. Map Projection: WGS84 Web Mercator (Auxiliary Sphere) (EPSG 3857)
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