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Home My WebLink AboutLOD202000005 Letter of Determination 2020-05-21COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 21, 2020 David & Sharon Smith 3137 Shiffletts Mill Rd Crozet, VA 22932 RE: LOD202000005 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS — Parcel ID 00700-00-00-009BO and Parcel ID 00700-00-00-009131 (3137 Shiffletts Mill Rd) White Hall Magisterial District Dear David and Sharon: 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 00700-00- 00-009BO is comprised of one (1) parcels of record, with five (5) theoretical development rights and Parcel ID 00700-00-00-009131 is comprised of one (1) parcels of record, with five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 00700-00-00-009BO contains 24.179 acres and zero (0) dwellings. The property is zoned RA, Rural Areas and is in the Free Union Agricultural/Forestal District. The most recent deed for Parcel ID 00700-00-00- 009130, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 503, page 488 and is dated March 10, 1972. The Albemarle County Real Estate Assessment records indicate Parcel ID 00700-00-00-009131 contains 15 acres and one (1) dwelling. The property is zoned RA, Rural Areas and is in the Free Union Agricultural/Forestal District. The most recent deed for Parcel ID 00700-00-00- 009131, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 537, page 188 and is dated August 13, 1973. Before December 10. 1980 Deed Book/Page Date Parcel Change Y or N Description Acres 503 / 488 3/10/1972 Y All that certain tract or parcel of land... containing 45 acres Parcel 913 as shown on plat... attached hereto... Said property is a 45 ac. portion of the land ... in Deed Book 486 pg. 595. This deed describes the creation of Parcel 913 — the created parcel is a portion of the 132.8 acres described in the above referenced DB. The attached plat shows a parcel of 45 acres. May 21, 2020 LOD202000005 Page 2 537 / 188 8/13/1973 Y All that certain tract or parcel of land... containing 15 Parcel 9B acres... more particularly described on a plat... recorded 45 ac. - 15 with this deed; being a portion of a larger tract ... in DB 503 = 30 ac. pg. 488. This deed describes the creation of Parcel 91131 — the Parcel 9131 created parcel is a portion of the 45 acres described 15 ac. above. The attached plat shows a parcel of 15 acres. 541 / 79 11/12/1973 Y All that certain tract or parcel of land... containing 5.821 Parcel 9B acres ... and more particularly described on a 30 ac. — plat ... recorded with this deed; being a portion of a larger 5.821 = tract of land conveyed... in Deed Book 503 pg. 488. 24.179 ac. This deed describes the creation of Parcel 9B2 — the created parcel is a portion of the 30 acres described above. The attached plat shows a parcel of 5.821 acres. After December 10, 1980 Deed Book/Page Date Parcel Change Y or N Description Acres Development Rights 759 / 641 11/16/1982 N All that certain tract or parcel of Parcel Parcel 91131 land... containing 15 acres of land... described 91131 on a plat... in DB 537 pg. 190. Parcel 91131 15 ac. 5 DR 969 / 68 11/9/1987 N All that certain tract or parcel of Parcel Parcel 96 land... containing 24.179 acres, as shown on a 9B plat ... made part of this deed... being all that remains of a larger tract of 45 acres 24.179 5 DR conveyed... in DB 503 pg. 488. ac. Parcel 9B Based on these deeds; Parcel ID 00700-00-00-009BO is determined to be one (1) parcel of record, comprised of the following: Approximately 24.179 acres+/-, containing five (5) development rights. Parcel ID 00700-00-00-0091131 is determined to be one (1) parcel of record, comprised of the following: Approximately 15 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. May 21, 2020 LOD202000005 Page 3 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, Kevin McCollum Planner Designee to the Zoning Administrator Attachment: Maps delineating parcel(s) of record and development rights. Tax Map 7 Parcel 9B 7-10 Legend 7-5 7-2 8 1.687 (Note: Some items on map may not appear in legend) 7-11 Parcel Info ❑ Parcels Mudd 7-29Adyy 7-30B $hittVetts•Mil! Rd 7-9C (fi 7-29B 7-29 y% u 8 7-9B2 7-9 B 1 7-fi 7-29C 7-29D 7-9A 7-9 7-29E 7-9B 24.179 acres 5 Development 7 31 ° Rights 7-7 7-8 752 ft GIS-Web 7-$A Geographic Data Services V 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. May 14, 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) Tax Map 7 Parcel 9B1 Muddy Hun Legend (Note: Some items on map may not appear in legend) Parcel Info - -- - ❑ Parcels 7-11 t-041111=Wd- 7-29A Sti 7-29 7-9 J � N n k�'e -J 114n J 7-9B2 7-9 B 1 7-9G 7-29C 15 acres 5 Development Rights n 1 7-29D 7-9A I 376 ft 7 29E VGIS-WebGeographicData 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. May 14, 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)