HomeMy WebLinkAboutLOD201900029 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
Lindsay Station LLC
7684 Greenwood Station Rd
Greenwood, VA 22943
RE: LOD201900029 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 05100-00-00-019A0, Parcel ID 05100-00-00-019130,
and Parcel ID 05100-00-00-020A0 (Property of Lindsay Station LLC) 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 05100-00-
00-019AO is comprised of one (1) parcel of record, with five (5) theoretical development rights,
Parcel ID 05100-00-00-019BO is comprised of one (1) parcel of record, with one (1) theoretical
development right, and Parcel ID 05100-00-00-020A0 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 05100-00-00-019AO
contains 21 acres and zero (0) dwellings, Parcel ID 05100-00-00-019BO contains 1.21 acres
and zero (0) dwellings, and Parcel ID 05100-00-00-020A0 contains 33.19 acres and zero (0)
dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 05100-00-00-019A0, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 544, page 472 and is
dated February 25, 1974. The most recent deed for Parcel ID 05100-00-00-019130, recorded
prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed
Book 544, page 472 and is dated January 1, 1974. The most recent deed for Parcel ID 05100-
00-00-020A0, recorded prior to December 10, 1980, the date of adoption of the Zoning
Ordinance, is recorded in Deed Book 517, page 10 and is dated August 25, 1972.
December 30, 2019
LOD201900029
Page 2
Parcel ID 05100-00-00-019A0
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
439 / 159
12/29/1967
N
All that certain tract or parcel of land, containing 130.76
22
acres, more or less, according to a survey made by Hart
and Bell ... a plat of said survey being attached herewith and
is made a part hereof, the said land being described as
Tract IV, approximately 22 acres of said land being
in ... Albemarle County... and the remainder of said land
being approximately 108.76 acres being ... in Louisa.
...portion of land conveyed... in DB 133, pg 467, from which
a portion was conveyed... in DB 134, pg 90.
The land herein conveyed has heretofore been carried on
the tax records of Albemarle County as two tracts, one
containing 106.59 acres, and the other 22 acres...
Plat and description shows the parcel of land in
Albemarle County containing approximately 22 acres.
447 / 502
7/1/1968
N
All of that certain tract or parcel of land containing 130.76
22
acres, more or less ... and particularly described upon plat of
survey thereof made by Hart and Bell ... copy of which is
recorded in ... the deed now to be mentioned...
Being the identical property which was conveyed... in DB
439, pg 159.
500/606
1/5/1972
N
...all of that certain tract or parcel of land... containing
22
130.76 acres, more or less, as shown as Tract IV on the
plat of Hart and Bell... in DB 439, pages 162 and 163.
This is the same land in all respects as conveyed... in DB
447, pg 502.
544 / 472
2/25/1974
N
Third: The parcel marked "Tract IV 130.76 Ac." Adjoining
22
parcel second and being the same land... in DB 500, pg
606.
Map shows location of Tract IV 130.76 Ac. And the
Albemarle County/Louisa Line running through it.
Reference is made to WB 43-377 Hart and Bell Plat
11 /13/1967
After December 10. 1980
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
1458 / 482
2/28/1995
N
Parcel 1
22
5
All that certain tract or parcel of
land... containing 130.76 acres, more or less,
shown and designated as Tract IV on the
plat ... in DB 439, pages 162 and 163... and
being the same property in all respects as
in ... DB 500, pg 606.
December 30, 2019
LOD201900029
Page 3
1774 / 408
12/16/1998
N
Parcel 2: All that certain tract or parcel of
22
5
land... containing 130.76 acres, and more
particularly shown and described on the plat as
"Tract IV 130.76 Ac." (DB 544, pg 477 the
"Plat")
The parcels conveyed herein are portions of
the same property ...in DB 1458, pg 482.
2493 / 294
6/10/2003
N
Parcel One
21
5
All those certain tracts or parcels of
land.... containing 71.30 acres, more or less,
and 130.76 acres, more or less, shown as
Parcel B and Tract IV, respectively, on a
plat... in Deed Book 544, page 477... being the
same property... in DB 1774, pg 408.
The information in the Deed and
Albemarle's Real Estate assessment
records indicate that Parcel ID 05100-00-00-
019A0 is 21 acres. It is unclear whether or
not that is a more accurate total than the 22
acres described in DB 439, pg 159.
Based on these deeds;
Parcel ID 05100-00-00-019AO is determined to be one (1) parcel of record, comprised of
the following:
Approximately 21 acres+/-, containing five (5) development rights.
December 30, 2019
LOD201900029
Page 4
Parcel ID 05100-00-00-019BO
Before December 10, 1980
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
507/434
5/9/1972
Y
All that certain tract or parcel of land, located and being
1.21
partly in Rivanna Magisterial District of Albemarle
County... containing 71.30 acres, more or less, designated
as Parcel "B" in a plat of survey ... a copy of which plat is
attached to this deed ... The said real estate is a part of the
real estate that was conveyed ...in DB 431, pg 607.
Reference is made to the plat mentioned above and to this
deed for a more particular description of the said tract or
parcel of land.
This deed creates Parcel B. The plat shows the
boundaries of Parcel B and that it contains 71.30 acres.
Can't quite make out where the County lines are, but
the description implies that it is partly in Albemarle.
544 / 472
1/25/1974
N
Second: The parcel marked "Parcel 'B' 71.30 Ac." Adjoining
1.21
Parcel First, and being the same land as conveyed... in DB
507, pg 434.
Plat shows Parcel B as being mostly in Lousia County,
but it appears there is a sliver of this parcel (TMP 51-
19B) that is within Albemarle County. Based on the
deeds above, the descriptions, and the plats, on the
date of the adoption of the ordinance, December 10,
1980, Parcel ID 05100-00-00-019BO appears to be one
parcel of record.
After December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Development
Book/Page
Y or N
Rights
1458 / 482
2/28/1995
N
Parcel 2
1.21
1
All that certain tract or parcel of land lying
partly in the Rivanna Magisterial District of
Albemarle County... containing 71.30 acres,
more or less, shown and designated as Parcel
"B" on plat of survey... in DB 507, pg 438... and
being the same property in all respects as was
conveyed ... in DB 507, pg 434.
1774 / 408
12/16/1998
N
Parcel 1: All that certain tract or parcel of land
1.21
1
lying party in ... Albemarle County... containing
71.30 acres, shown and described as "Parcel
'B' 71.30 Ac." on a plat ... titled "Composite Map
of 508.97 acres... in DB 544, pg 477 (the "Plat")
The parcels conveyed herein are portions of
the same property ...in DB 1458, pg 482.
2493 / 294
6/10/2003
N
Parcel One
1.21
1
All those certain tracts or parcels of land....
containing 71.30 acres, more or less, and
130.76 acres, more or less, shown as Parcel B
and Tract IV, respectively, on a plat... in Deed
Book 544, page 477... being the same
property ...in DB 1774, pg 408.
December 30, 2019
LOD201900029
Page 5
Based on these deeds;
Parcel ID 05100-00-00-019BO is determined to be one (1) parcel of record, comprised of
the following:
Approximately 1.21 acres+/-, containing one (1) development right.
Parcel ID 05100-00-00-020A0
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
121 / 370
10/1/1901
N
...a certain piece or parcel of land... bounded as
33.5
follows... containing 33'/z acres more or less
Plat shows a parcel of land containing 33'/2 acres.
145 / 297
3/1/1911
N
...all that certain tract or parcel of land... be the same more
33.5
or less, said tract of land being the aggregate amount of
land .... DB 121, pg 370 conveying 33 1/3 acres ... all of
which said deeds conveying the said several parcels of
land by metes and bounds, are here referred to for the
metes and bounds, and further and fuller description of the
tract of land hereby conveyed.
Description incorrectly says 33 1/3 acres. It is the same
land as described in DB 121 pg 370 in which there is a
plat showing the parcel as containing 33.5 acres.
156 / 145
12/17/1913
N
...all these certain tracts or parcels of land... being the same
33.5
land .... the second... recorded in DB 121, pg 370, conveying
33 1/3 acres
165 / 175
5/10/1917
Y
...all that certain place or parcel of land... described as
33.5
follows... containing 0.076 acres, more or less
-
Plat attached shows the .076 acres that was conveyed
.076
off of the 33.5 acre parcel.
_
33.424
171 / 569
11/18/1919
N
...two certain tract or parcel of land...
33.424
#1 (Description) ... and is the same tract or parcel of
land... in DB 121, pg 370... and as shown in DB 145, pg
297... contains 33 1/3 acres.
207 / 524
2/19/1930
Y
...all that certain tract of land... containing .234 acres, more
33.424
or less... being a portion of the real estate... in DB 171, pg
-
569.
.234
Plat attached shows the .234 acres that was conveyed
=
off of the 33.5 acre parcel.
33.19
December 30, 2019
LOD201900029
Page 6
258/38
9/13/1943
N
...those four certain tracts or parcels of land... more
33.19
particularly described as follows
(1) ... containing 33 1/3 acres, more or less
Metes and bounds description of the parcel included.
260 / 166
6/13/1944
N
...all those four certain tracts or parcels of land... being in all
33.19
respects the same land which was conveyed... in DB 258,
pg 38. Reference is here made to said deed and the deeds
and plat therein mentioned for a metes and bounds
description of said four tracts of land. The thirty-three and
one-half acre tract described in said last mentioned deed
was acquired... in DB 171, pg 569, a plat of which being
recorded... in DB 156, pg 145.
265 / 447
11/20/1945
N
...those four certain tracts or parcels of land... being the
33.19
same property... in DB 260, pg 166. Reference is hereby
made to said deed and also to ... DB 258, pg 38, and to the
plats and deeds therein mentioned and also a plat of a 33
'/2 acre tract recorded... in DB 156, pg 145.
517 / 10
8/25/1972
N
...all that certain tract of land... containing 33.190 acres,
33.19
more or less, and being 33'/2 acres shown by plat... in DB
121, pg 371, less two parcels .... 076 acres... in DB 165, pg
175 with plat at page 176, and .234 acres... in DB 207, pg
524 with plat at page 526. This is a portion of the
property... in DB 265, pg 447.
On the date of the adoption of the zoning ordinance,
December 10, 1980, Parcel ID 05100-00-00-020A0 was
one parcel of record containing approximately 33.19
acres.
After December 10, 1980
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
1458 / 482
2/28/1995
N
Parcel 3
33.19
5
All that certain tract or parcel of
land... containing 33.190 acres, more or less,
and being 33'/2 acres shown by plat
recorded... in DB 121, pg 371, less two
parcels... namely .076 acres ... in DB 165, pg
175, with plat at page 176, and .234 acres ... in
DB 207, pg 524, with plat at page 526, and
being the same property in all respects as was
conveyed ... in DB 517, pg 10
1958 / 656
9/19/2000
N
All that certain tract or parcel of
33.19
5
land... containing 33.190 acres, more or less,
and being 33'/2 acres shown by plat
recorded... in DB 121, pg 371. Less and except
two parcels... being 0.076 acres... in DB 165,
pg 175... and 0.234 acres... in DB 207, pg
524... being a portion of the property
conveyed... in DB 1458, pg 482.
December 30, 2019
LOD201900029
Page 7
2493 / 294
6/10/2003
N
All that certain tract or parcel of
33.19
5
land... containing 33.190 acres, more or less,
and being 33'/z acres shown by plat
recorded... in DB 121, pg 371; LESS AND
EXCEPT two parcels conveyed... in DB 165, pg
175, and shown on a plat attached thereto; and
0.234 acre conveyed... in DB 207, pg 524, and
shown on a plat attached thereto; and being
the same property ...in DB 1958, pg 656.
Based on these deeds;
Parcel ID 05100-00-00-020A0 is determined to be one (1) parcel of record, comprised of
the following:
Approximately 33.19 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 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.
December 30, 2019
LOD201900029
Page 8
Sincerely',
. A
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
Acreage
Division rights for 21 acre minimum parcels
Development rights
05100-00-00-019A0
21 acres +/-
0
5
05100-00-00-019B0
1.21 acres +/-
0
1
05100-00-00-020A0
33.19 acres +/-
1
5
Lindsay Station
51-9A ,mod
Legend
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1.21 Acres
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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 4, 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)