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Home My WebLink AboutLOD201900023 Letter of Determination 2019-11-20o� ar�F r� y U�T❑�� Cri.' L�RGINIe, COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 November 20, 2019 Kirk Hughes Kirk Hughes and Associates 220 E High Street Charlottesville VA 22902 Fax (434) 972-4126 RE: LOD2019-00023 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 01700-00-00-026BO (Property of JAN & JESSICA MALASEK) White Hall Magisterial District Dear Mr. Hughes: 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 01700-00-00-026BO is comprised of one (1) parcel of record, with a total of zero (0) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 01700-00-00-026B0 contains 26.89 acres and one (1) dwelling. The property is zoned RA, Rural Areas. There was no deed recorded before the December 10, 1980, adoption of the Zoning Ordinance, as Parcel ID 01700-00-00-026BO was created after December 10, 1980. The portion of the property that Parcel ID 01700-00-00-026BO eventually was subdivided from is found in Deed Book 530, page 582 dated June 1, 1973. Before December 10, 1980 Parcel ID 01700-00-00-026B0 Deed Book/Page Date Parcel Change Y or N Description Acres ... That certain tract of land consisting of 733.67 acres, more or less,... and being more particularly shown and described as the following tracts or parcels on a plat... in DB 463 P 541 733.67 530 / 582 6/1/1973 N First.... Second. Parcel 26 and Tracts 1 through 9, inclusive, aggregating 409.29 acres — (Guy A. and Nella Via) 409.29 Third.... The subject parcel is comprised of portions of the tracts described in the Second tract. SP-450 4/23/1975 Y The application for SP-450 was to rezone 698.62 acres 698.62 from A-1 (agricultural use) to PUD, Planned Unit Development (residential and commercial uses). At this time Parcel 26B was only a portion of the properties rezoned with this SP-450. November 20, 2019 LOD-2019-00023 Page 2 of 3 After December 10, 1980 Parcel ID 01700-00-00-026BO Deed Parcel Development Book/Page Date Change Description Acres Rights YorN 848/127 07/22/1985 Y ...all that certain tract or parcel of land... more particularly described as Tract Two, containing 26.89 acres, on a plat... attached hereto... This 26.89 0 property is a portion of the property conveyed... in Deed Book 530, page 282. This deed and plat created the 26.89-acre parcel. The plat contains the following notes; NOTES 1. TRACT TWO IS A PORTION OF PROPERTY DESIGNATED ON T.M. 17 PARCEL 26. 2. PROPERTY ZONED PUD As of December 10, 1980, the portion of the property that created the 26.89 acres was not zoned RA, Rural Areas, thus would not have been allocated development rights. ** 874 / 3 03/19/1986 N ...all that certain tract or parcel of land... more particularly described as Tract Two, containing 26.89 0 26.89 acres, on a plat... in DB 848 P 129... BEING the same property conveyed... in DB 848 P 127. ZMA1990- 11/28/1990 Y The zoning of the property was officially 00023 changed from PUD to RA and no development - - rights were assigned with the rezoning action. 1458 / 736 03/14/1995 N All that certain tract or parcel of land... more particularly described as Tract Two, containing 26.89 0 26.89 acres, on a plat... in DB 848 P 129... BEING the same property conveyed... in DB 874 P 3. 4496 / 304 05/27/2014 N All that certain tract or parcel of land... more particularly described as Tract Two, containing 26.89 0 26.89 acres, more or less, on a plat... in DB 848 P 129... BEING the same property conveyed... in DB 1458 P 736. **Section 10 RA, Rural Areas, specifically Section 10.3.1 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"), states the following; "Regulations in section 10.5 governing development by right shall apply to the division of a parcel into five (5) or fewer lots of less than twenty-one (21) acres in area and to the location of five (5) or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance (reference section 1.3). Section 1.3 of the Zoning Ordinance states that the current ordinance became "effective at and after 5:15 P.M. on December 10, 1980." (emphasis added) Parcel ID 01700-00-00-0261130, as stated in your request letter, and confirmed with this letter, was created with the plat recorded in DB 848 P 127, and the zoning at that time was PUD, Planned Unit Development. The Buck Mountain Planned Unit Development was rezoned with ZMA1990- 00023 approved 11/28/1990. As noted above, Parcel ID 01700-00-00-026BO was Zoned PUD, and the zoning changed to RA, Rural Areas with the approval of ZMA1990-00023. This means that this parcel was not in existence at the time of the adoption of the Zoning Ordinance, thus does not have development rights per Section 10.3.1. November 20, 2019 LOD-2019-00023 Page 3 of 3 Per Section 10.3.2, Parcel ID 01700-00-00-026BO may locate not more than one (1) dwelling on the parcel. Based on these deeds and rezonings; Parcel ID 01700-00-00-026BO is determined to be one (1) parcel of record, comprised of approximately 26.89 acres+/-, containing zero (0) development rights. 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.) If you have any questions, please contact me. Sincerely, Francis H. MacCall Principal Planner Attachment: Map delineating parcels of record Copy: Owner: JAN OR JESSICA MALASEK 111 FALCON DRIVE CHARLOTTESVILLE VA, 22901 LOD2019-00023 TMP 17-26B Malasek 17-7A 17-7A 1 17-BC 17-8 17-8B 17-26D Legend (Note: Some items on map may not appear in legend) Parcel Info ❑ Parcels Zoning Info r Zoning Entrance Corridors !1 Proffers ❑ Natural Resource Extraction Overlay Zoning Classifications Rural Areas Village Residential ■ R1 Residential ■ R2 Residential R4 Residential ■ R6 Residential ■ R10 Residential ■ R15 Residential Planned Unit Development ■ Planned Residential Development ■ Neighborhood Model District ■ Monticello Historic District C1 Commercial ■ Commercial Office ■ Highway Commercial ■ Planned Development Shopping Ctr. ■ Planned Development Mixed Comm. ■ Downtown Crozet District Light Industry ■ Heavy Industry ■ Planned Development Industrial Par ■ Town of Scottsville Al9F 2y a� -Ilf �' GIS-Web �' Geographic Data Services ?� www.albemade.org/gis ��RG[ (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. 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)