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Home My WebLink AboutLOD201900030 Letter of Determination 2020-01-16AL L�RGIsk, 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 16, 2020 Joseph T Henley III 5860 Bearwood Road Crozet VA 22932 RE: LOD2019-00030 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 04000-00-00-012A0, and Parcel ID 04000-00-00-050D0 (Properties of JOSEPH T HENLEY III) White Hall Magisterial District Dear Mr. Henley: The County Attorney and I have reviewed the title information for the above -noted properties. It is the County Attorney's advisory opinion and my official determination that Parcel ID 04000-00-00-012AO is comprised of one (1) parcel of record, with a total of five (5) theoretical development rights, and Parcel ID 04000-00-00-050DO is comprised of one (1) parcel of record, with a total of four (4) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 04000-00-00-012A0 contains 19.10 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 04000-00-00-012A0, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 353, page 471 dated October 31, 1959. Before December 10, 1980 Parcel ID 04000-00-00-012AO Deed Book/Page Date Parcel Change Y or N Description Acres 250 / 055 02/18/1941 Y ...all of that certain tract or parcel of land... containing 19.1 acres, more or less... being a portion of a 173 acres tract... 19.1 Plat of 19.1 acres included with this deed. 353 / 471 10/31/1959 N ...all those two certain parcels of land... described as follows 19.1 Tract No. 1 containing 19.1 acres, being the same land conveyed... in DB 250 P 55. January 16, 2020 LOD-2019-00030 Page 2 of 4 The Albemarle County Real Estate Assessment records indicate Parcel ID 04000-00-00-050DO contains 24.11 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 04000-00-00-050D0, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 393, page 31 dated November 1, 1963. Before December 10, 1980 Parcel ID 04000-00-00-050DO Deed Book/Page Date Parcel Change Y or N Description Acres 393 / 031 11/01/1963 Y DEED OF PARTITION ...all that certain tract or parcel of land... containing 99.59 99.59 acres, more or less, being shown and designated on Sheet 1 of "Plat Showing Partition of Portion of J.T. Henley Property" ...which is attached hereto... The 99.59 acres tract... includes portions of the tracts of land designated 1 and 5 in the preamble of this deed... As noted, the 99.59 acres is comprised of portions of two tracts one being from a previously recorded plat describing tract 5 as 65.31 164.9 acres. The plat does not reference a residue of the 164.9 acres. The next deed from 1994 refers to the residue as 65.31 acres. After December 10, 1980 Parcel IDs 04000-00-00-012AO (19.1ac), & 04000-00-00-050DO (24.11ac) Deed Parcel Development Book/Page Date Change Description Acres Rights YorN 1227 / 517 12/28/1994 N ...the following described tracts of land... (1) ...deed of partition... in DB 393 P 31... (2) ... (3) A tract containing 65.31 acres, more or less, ...being the residue of the 164.96 5 acres described in paragraph 5 of the aforementioned Deed of Partition; and (4) A 19.1 acre tract of land... being described 5 as Tract 1 in ...DB 353 P 471. 1278 / 360 DEED OF RECISSION ... being all those parcels of land... being more particularly described as follow: ONE: ... deed of partition... in DB 393 P 31... TWO:... 65.31 5 THREE: A tract containing 65.31 acres, more or less, ...being the residue of the 164.96 acres described in paragraph 5 of the aforementioned Deed of Partition; and 19.1 5 FOUR: A 19.1 acre tract of land... being described as Tract 1 in ...DB 353 P 471. 1451 / 001 12/27/1994 Y ...All that certain parcel of land containing 4.166 65.31 5 acres... shown on a plat... attached hereto and - - recorded as part of this deed. 4.166 0 No development rights were transferred 61.144 5 with this boundary adjustment plat. January 16, 2020 LOD-2019-00030 Page 3 of 4 1448 / 401 12/28/1994 N ...the following described real estate, namely: (1) All that certain tract or parcel of land... containing 61.144 acres of land being 65.31 5 the residue of the 65.31 acre tract... SAVE and - - EXCEPT the 4.166 acre portion conveyed... by 4.166 0 deed of the Grantors herein dated December = _ 27, 1994, recorded in said Clerk's Office. ...a 61.144 5 copy of the plat is also recorded with this deed; and This 61.144 acre residue is later surveyed to be 70.90 acres in DB 4908 P 538. (2) All that certain tract or parcel of land, 5 ...containing 19.1 acres,... Said tract of land is the 19.1 same in all respects as was conveyed... in DB 353 P 471. 4908 / 538 05/12/2017 Y CERTIFICATE OF PLAT "Rural Division Plat Parcel A, Parcel B & Parcel C, 22.62 a Division of Tax Map 40 Parcel 50..." shows the (PARCEL A) 0 subdivision of property conveyed... in DB 1448 P401... 24.17 (PARCEL B) 4 PARCEL A, B, & C total 70.90ac PARCEL C is identified as the 24.11ac 24.11 1 and is assigned one development right (PARCEL C) 4908 / 544 05/12/2017 N ... All that certain tract or parcel of land... containing 24.11 1 24.11 acres... in DB 4098 P 538. 19.1 5 All that certain tract or parcel of land... containing 19.1 acres... in DB 1448 P 401. Based on these deeds; Parcel ID 04000-00-00-012AO is determined to be one (1) parcel of record, comprised of approximately 19.10 acres+/-, containing five (5) development rights. Parcel ID 04000-00-00-050DO is determined to be one (1) parcel of record, comprised of approximately 24.11 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 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. January 16, 2020 LOD-2019-00030 Page 4 of 4 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 parcel(s) of record and development rights. Copy: Ches Goodall, ACE Program Coordinator TMP Acreage Division rights for 21 acre minimum parcels Development rights 04000-00-00-012A0 19.10 0 5 04000-00-00-050D0 24.11 1 1 LOD2019-00040 Henley Property TMP 40-50D 404TA 40-47C Legend 40 -50 C 1 (Note: Some items on map may not appear in legend) 40-50B Parcel Info ❑ Parcels G� / 40-47 D , 40-46A 40-50C2 s11 40-46B f a G 40-46C 1 C� 40-50 D 24.11 ac 1 DR 40-50A ■ 40-48 376 ft Al9F 2y a� -Ilf �' GIS-Web �' Geographic Data Services ?� www.alto rle.org/gis ��RG[ (434)2g8-5832 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. January 3, 2020 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) LOD2019-00040 Henley Property TMP 40-12A w Legend 1 J n 40-2 31 (Note: Some items on map may not appear in legend) 40-12F N �.M Parcel Info J ❑ Parcels 40-12E Y m CV T O 40-12G r 40-12G1 40-22 40-12H 40-12A 19.10ac 5 DRs 40-12 40-13A 40-13 �- J. i 40-50A r i 40-21 a 376 ft Al9F 2y GIS-Web Geographic Data Services ?� www.albemade.org/gis (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. January 3, 2020 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)