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Home My WebLink AboutLOD201900031 Letter of Determination 2019-12-30i �jwj 4V COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 December 30, 2019 Betty Campbell PO Box 188 North Garden, VA 22959 RE: LOD201900031 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS — Parcel ID 09900-00-00-036DO (3975 Plank Rd, Property of Campbell, Betty J) 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 09900-00- 00-036DO 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 09900-00-00-036DO contains 180.48 acres and one (1) dwelling. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 09900-00-00-036D0, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 539, page 81 and is dated September 7, 1973. Before December 10, 1980 Deed Date Parcel Change Description Acres Book/Page Y or N 123 / 386 7/10/1900 N Plat and description shows a parcel of land consisting 187.68 of 187 68/100 acres. 144 / 342 1/17/1911 N "Watson tract", lying on the east side of the southern 187.68 railroad... containing 187 68/100 acres. The said tract is fully described by plat and survey... attached to deed ... in DB 123, pg 386, reference to which is made for a more particular description of the land. 146 / 461 8/5/1911 N ...that certain tract of land lying on both sides of the 187.68 southern railroad... containing 303 6/10 acres.... property is accurately described by plat attached, and as consisting of two tracts ... in DB 144, p . 342, a tract of 187 68/100 acres. December 30, 2019 LOD201900031 Page 2 147 / 248 10/5/1911 N ...that certain tract of land... containing 303 6/10 187.68 acres... being in all respects the same property... in DB 146, pg 461 ... accurately described by a plat thereto attached and as consisting of two tracts ... in DB 144, pg 342 a tract of 187 68/100 acres... 243 / 477 7/14/1939 N All that certain tract or parcel of land... containing 293 acres, 187.68 more or less, being a portion of a tract of 303.6 acres... in DB 147, pg 248, to which deed a plat is attached. 384 / 553 12/26/1962 N All of that certain tract or parcel of land... containing 293 187.68 acres, more or less, being in all respects the same land which was conveyed... in DB 243, pg 477. Reference is here made to said deed and to the deeds therein referred and to a plat recorded in DB 146, pg 463. Said plat shows a total acreage of 303.6..... Out of said acreage ... 68/100ths of an acre by deed, leaving 293 acres, more or less. 521 / 235 12/14/1972 N All that certain tract or parcel of land... containing by 187.5 estimate 187 'h acres... The real estate hereby conveyed is the major portion of the approximately 293 acre tract of land ... in DB 384, pg 553. Reference is made to a plat in DB 146, pg 463 showing a 303.6 acre tract of land of which the subject property is a portion. 539 / 81 9/7/1973 Y All that certain parcel of land containing 2.024 acres ... as 187.5 shown on plat... attached hereto and made part of this - deed ... being a portion of the property... in DB 521, pg 295. 2.024 Plat shows creation of TMP 99-36A. On the date of the = adoption of the Zoning Ordinance, December 10, 1980, 185.476 TMP 99-36D was one parcel of record containing approximately 185.476 acres. After December 10, 1980 Deed Book/Page Date Parcel Change Y or N Description Acres Development Rights 1331 / 405 6/10/1993 Y The attached plat... being a portion of the same 185.476 5 land... in DB 521, pg 295... - - Plat shows the creation of TMP 99-36. The 5 1 general notes on the plat indicates that the = _ creation of this parcel utilized 1 development right and has adjusted the 180.476 4 acreage to 180.476. 1369 / 535 11/12/1993 N Parcel One: All that certain tract or 180.476 4 parcel... containing by estimate 185.476 acres... Reference is made to a plat... in DB 146, pg 463 showing a 303.6 acre tract of which the subject property is a portion... Being the same property in all respects... in DB 521, pg 295. The parcel acreage is actually 180.476 as shown on the plat in DB 1331, pg 405. December 30, 2019 LOD201900031 Page 3 1369 / 540 12/16/1993 N Parcel One: All that certain tract or 180.476 4 parcel... containing by estimate 185.476 acres... Reference is made to a plat... in DB 146, pg 463 showing a 303.6 acre tract of which the subject property is a portion... Being the same property... recorded immediately prior to this deed (DB 1369, pg 535) See above for acreage explanation. 3902 / 1 6/23/2010 N Tract Four — 3975 Plank Road — 185 acres — 180.476 4 The Lower Farm Map # 99-36D All that certain tract or parcel... by estimate 185.476 acres ...reference is made to a plat in Deed Book 146, pg 463 showing a 303.6 acre tract ... which the subject property is a portion... This is the exact same parcel... in DB 1369, pg 540. Based on these deeds; Parcel ID 09900-00-00-036DO is determined to be one (1) parcel of record, comprised of the following: Approximately 180.476 acres+/-, containing four (4) 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 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. December 30, 2019 LOD201900031 Page 4 (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, Kevin McCollum Planner Designee to the Zoning Administrator Copy: Ches Goodall, ACE Program Coordinator Attachment: Map delineating parcel(s) of record and development rights. TMP I Acreage Division rights for 21 acre minimum parcels Development rights 09900-00-00-036D0 1 180.476 8 4 TMP 99-36D Campbell 180.48 Acres 99-46A 99 �4 - r Lai 99-65 Legend g w,` 99-46 +' �' paj (Note: Some items on map may not appear in legend) d'4 Cn �et Parcel Info 99-37 ❑ Parcels f 99-38A 99-65A 99-36 99-36A 99-38 99-67A 99-66E n of rn 0 � � n C rn CC 99-36C G��de{y=Gat99-66F m to a °0 rn a� �9-36Cti S 99-66 180.476 acres 99-36B 4 Development Rights �annsans 99-76A c� rn 99-77 99-76C 99-76B 99-32 99-79 0 99-78 99-76 1 99-32A 99-79A 752 ft 99-35 _7 99-83 4y nr. AC F e GIS-Web Geographic Data Services ?� www.albemade.org/gis ��xcr (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. December 5, 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)