HomeMy WebLinkAboutSUB202000034 Review Comments Family Division Plat 2020-06-09COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902
Phone (434) 296-5832 Fax (434) 972-4126
June 9, 2020
Kirk Hughes, L.S.
220 East High Street
Charlottesville, VA 22902
RE: LOD202000008 – OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS – Parcel ID 09300-00-00-02400 (Owner – Joan C. Meredith 2010
Thomas Jefferson Parkway) Scottsville 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 09300-00-
00-02400 is comprised of two (2) parcels of record, Lot 1 with five (5) theoretical development
rights and Lot 2 with four (4) theoretical development rights. The basis for this determination
follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 09300-00-00-02400
contains 16.70 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most
recent deed for Parcel ID 09300-00-00-02400, recorded prior to December 10, 1980, the date of
adoption of the Zoning Ordinance, is recorded in Deed Book 703, page 534 and is dated March
31, 1980.
Before December 10, 1980
Deed
Book/Page Date Parcel Change
Y or N Description Acres
139 / 33 4/24/1909 N Plat shows the approximate location of two parcels of
record, Lot 1 with 11.75 acres and Lot 2 with 10.5
acres. Together, a combined 22.25 acres.
Lot 1
11.75 ac.
Lot 2
10.5 ac.
152 / 228 1/26/1911 N …those two certain lots or parcels of land…being known
and described as lots number one and two on the map
and plat of said lots…in DB 139 pg 33. Lot 1 contains
11.75 acres and Lot 2 contains 10.5 acres making a total
in the two lots 22.25 acres.
Lot 1
11.75 ac.
Lot 2
10.5 ac.
243 / 354 6/10/1939 N All those two certain lots, or parcels of land…described as
Lots Nos. 1 and 2 on plat…recorded in D.B. 139 pg. 33.
Lot No. 2 contains 10.5 acres, making a total of 22.25
acres, and being the same land which was conveyed…in
D.B. 137 pg. 177.
This 22.25 acres of land was conveyed…in D.B. 152 pg.
228.
Lot 1
11.75 ac.
Lot 2
10.5 ac.
June 9, 2020
LOD202000008
Page 2
253 / 485 4/14/1942 N …all those two certain lots or parcels of alnd…described
as lots Nos. 1 and 2 on plat…in DB 139 pg. 33. Lot No. 1
contains 11.75 acres and lot No. 2 contains 10.5 acres,
making a total of 22.25 acres…same land as in DB 137 pg
177.
And being in every respect the same land…in D.B. 243 pg.
354.
Lot 1
11.75 ac.
Lot 2
10.5 ac.
322 / 354 3/6/1956 Y …all that certain tract or parcel of land situated on Route
53…starting at an iron pipe…thence north a distance of
160 feet to an iron pipe; thence west a distance of 150 feet
to an iron pipe; thence South a distance of 160 feet to an
iron pipe…thence East along said Route 53 to an iron
pipe, the point of beginning.
This being a portion of the land…in DB 253 pg. 485.
This Deed describes the creation of TMP 93-24A.
Lot 1
11.75 ac. –
0.55 ac. =
11.2 ac.
Lot 2
10.5 ac.
322 / 597 3/30/1956 N Plat shows what today is known as TMP 93-24A. This
parcel contains 0.55 acres and as noted on the plat is
a portion of Lot 1 on plat in DB 139 pg. 33.
Lot 1
11.2 ac.
Lot 2
10.5 ac.
703 / 534 3/31/1980 N Second: All those two certain lots or parcels of
land…described as Lots Nos. 1 and 2 on a plat…in DB
139 pg. 33 save and except for 0.55 acre of said Lot No.
1…in DB 322 pg 354 and DB 322 pg. 596…and being all
the remainder after the conveyance aforesaid…in DB 253
pg. 485.
This is the last deed for Parcel ID 09300-00-00-02400,
recorded prior to December 10, 1980, the date of
adoption of the Zoning Ordinance. These deeds
indicate this parcel is two lots of record and based on
their acreage each would contain 5 development
rights.
Lot 1
11.2 ac.
Lot 2
10.5 ac.
After December 10, 1980
Deed
Book/Page Date Parcel Change
Y or N Description Acres Development
Rights
711 / 556 2/23/1981 Y …all that certain tract or parcel of land…fronting
on the northeast side of State Route 53,
containing 5.00 acres, more or less, being
shown and described on a plat and
survey…attached…and being a portion of the
property in DB 703, pg. 534.
Plat shows the creation of TMP 93-24B, a 5
acre parcel. Based on the plat it appears that
a majority if not all of the 5 acres are being
subdivided from Lot 2. A 50 foot +/- strip
remains giving Lot 2 frontage on 53.
The note on the plat indicates that the
residue (Lot 2) will keep all the remaining
development rights. However, 1 DR was
used in the creation of this lot with the
dwelling on it.
Lot 1
11.2
ac.
Lot 2
10.5
–
5
=
5.5 ac.
Lot 1
5
Lot 2
5
-
1
=
4
June 9, 2020
LOD202000008
Page 3
Based on these deeds;
Parcel ID 09300-00-00-02400 is determined to be two (2) parcels of record, comprised of
the following:
Lot 1 – Approximately 11.2 acres+/-, containing five (5) development rights.
Lot 2 – Approximately 5.50 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.
(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
Attachments: (1) A Map delineating parcels of record and development rights and (2) Context
Maps that visualize the above referenced deed books and plats.
Parcel InfoParcelsTax Map 93 Parcel 24Any 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)376 ftMap 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)Lot 111.2 Acres5 DRLot 25.5 Acres4 DR*This is a reference mapintended to help visualize theapproximate locations of theparcels of record and theirallotted development rights. Thisis an estimate based on therecorded deeds and not adetermination of exact parcelboundaries. An official survey ofthe properties would betterreflectthe exact parcel lines.DR = Development RightsThe note on the plat in DeedBook 711 page 556 indicatesthatthe residue (Lot 2) contains all ofthe development rights after thesubdivision and creation of TMP93-24B, however, TMP 93-24Brequires 1 DR in order to existwith a dwelling.Lot 2 has approximately 53 feetof frontage along Route 53.TMP 93-24B has 313 feet, Lot 1has 184, and TMP 93-24A hasapproximately 150 feet offrontage along Route 53.TMP 93-24A0.55 Acres 1 DRTMP 93-24B5 Acres1 DRAttachment 1: Map Showing Parcels of Record and Development Rights
Parcel InfoParcelsTax Map 93 Parcel 24Any 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)376 ftMap 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)This is a context map showinghow TMP 93-24 currentlyappears in our Web GIS basedon current Real Estate data.Attachment 2: Context Maps
Parcel InfoParcelsMap Showing Inaccuracy of GIS data. TMP 93-24B should be 5 acres and TMP 93-24A should be 0.55 acresAny 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)376 ftMap 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)This is a context map thatintends to show how the existingGIS Map data is inaccurate. Asyou can see with the currentparcel line estimates TMP93-24B is shown as beingapproximately 6.19 acres whenin reality it is only 5 acres andTMP 93-24A appears as 1.70acres when in reality it is only0.55 acres.
Parcel InfoParcelsTax Map 93 Parcel 24Any 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)376 ftMap 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)This is a context map showinghow TMP 93-24, TMP 93-24A,and TMP 93-24B would lookwithout their parcel lines.
Parcel InfoParcelsTax Map 93 Parcel 24Any 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)376 ftMap 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)Lot 111.75 AcresLot 210.5 Acres*This is a reference mapintended to help visualize theplat recorded in Deed Book 139page 33.The Plat recorded in Deed Book139 page 33 shows the landbeing highlighted here in red asconsisting of two parcels, Lots 1and 2. The plat shows Lot 1containing 11.75 acres and Lot 2containing 10.5 acres.Additionally, it shows Lot 1 with380 feet of frontage and Lot 2with 320 feet of frontage.
Parcel InfoParcelsTax Map 93 Parcel 24Any 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)376 ftMap 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)Lot 111.2 AcresLot 210.5 Acres*This is a reference mapintended to help visualize theplat recorded in Deed Book 322page 597. This map shows thecreation of what today is knownas TMP 93-24A.The Plat recorded in Deed Book322 page 597 shows what istoday Tax Map 93 Parcel 24A.The plat shows a rectangularparcel of land 160 feet by 150feet consisting of 0.55 acres.TMP 93-24A0.55Acres
Parcel InfoParcelsMap Showing TMP 93-24A with measurements from DB 322 pg 597Any 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)94 ftMap 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)*This is a reference mapintended to help visualize theapproximate correct size of TMP93-24A using the measurementslisted in Deed Book 322 page597.
Parcel InfoParcelsTax Map 93 Parcel 24Any 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)376 ftMap 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)Lot 111.2 Acres5 DRLot 210.5 Acres5 DR*This is a reference mapintended to help visualize whatTax Map 93 Parcel 24 lookedlike on December 10, 1980.On December 10, 1980, TMP93-24 consisted of two parcelsof record each containing 5development rights.DR = Development RightsTMP 93-24A0.55Acres
Parcel InfoParcelsTax Map 93 Parcel 24Any 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 28, 2020GIS-WebGeographic Data Serviceswww.albemarle.org/gis(434) 296-5832Legend(Note: Some items on map may not appear in legend)376 ftMap 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)Lot 111.2 AcresLot 25.5 Acres*This is a reference mapintended to help visualize theplat recorded in Deed Book 711page 556.The Plat recorded in Deed Book711 page 556 shows what istoday Tax Map 93 Parcel 24B.The plat shows a rectangularparcel of land consisting of 5acres with approximately 313feet of frontage. The plat showsthat in the way this parcel wascreated, a strip of about 50 feetwide of Lot 2 remains makingLot 2 a "flag" lot withapproximately 53 feet offrontage.This map shows approximatelyhow Tax Map 93 Parcel 24should exist today. As 2 lots ofrecord.TMP 93-24A0.55AcresTMP 93-24B5 Acres