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HomeMy WebLinkAboutLOD202000013 Letter of Determination 2020-10-020 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 2, 2020 Brian S Ray Roger W Ray & Associates, Inc. 663 Berkmar Court Charlottesville VA 22901 RE: LOD2020-00013 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 01300-00-00-01200 (Properties of MOUNT FAIR LLC) White Hall Magisterial District Dear Mr. Ray: 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 01300-00-00-01200 is comprised of two (2) parcels of record, each with a total of five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 01300-00-00-01200 contains 94.50 acres and zero (0) dwellings. The property is zoned RA, Rural Areas, and is in the Pasture Fence Mountain Agricultural and Forestal District. The most recent deed for Parcel ID 01300-00-00-01200, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 259, page 275 dated March 3, 1944. Before December 10, 1980 Deed Book/Page Date Parcel Change Y or N Description Acres 209 / 11 06/10/1930 Y A certain tract or parcel of land... and being more particularly described as Lot No. 3 on the plat, ...the said tract of land contains 92 6/10 ninety two and six tenths 92.6 acres more or less, being a part of the property which was conveyed in DB 132 P 158. The deed references an attached plat, and then notes at the end on page 12 Plat not recorded. There is a plat that shows Lot No. 3 in DB 210 P 294. 259 / 220 02/21/1944 N ... (1)... that certain tract or parcel of land... more particularly described as Lot No. Three (3) on the plat of the property... and containing ninety-two (92) acres, more or 92 less,... that was conveyed with DB 209 P 11. Y (2) All of that certain tract or parcel of land... containing by estimation fifteen (15) acres, more or less... and roughly 15 described as the parcel of land below the road, with a small house and stable thereon lying on the west side of the Black Rock Springs Road and between said road and Moormans River and the Cool Springs Branch, being triangular in shape, and being the part of the land that was conveyed... in DB 194 P 79. October 2, 2020 LOD-2020-00013 Page 2 of 4 259 / 275 03/03/1944 N ... (1) All that certain tract or parcel of land... more particularly described as Lot No. Three (3) on the plat of the property... and containing 92.6 acres, more or less, ...This 92.6 is the same tract of land in all respects which was conveyed... in DB 209 P 11,... said tract adjoining the above -described tract of land, roughly described as the parcel of land below the road, with a small house and stable thereon, lying on the west side of the Black Rock Springs Road and between said road and Moormans River and the Cool Springs Branch, being triangular in shape and containing by estimate fifteen (15) acres, more or less,... 15.0 and is the same tract of land which was conveyed... in DB 259 P 220. After December 10, 1980 Deed Book/Page Date Parcel Change Y or N Description Acres Development Rights 3154 / 589 12/28/2004 N ... all those two tracts or parcels of land, aggregating 107.6 acres more or less,... and being more particularly described as follows: TRACTS ONE:... being known and 92.6 5 designated as Lot No. 3 on a plat... in DB 210 P 293. TRACT TWO:... adjoining the above- 15.0 5 described tract of land, roughly described as the parcel of land below the road, with a small house and stable thereon, lying on the west side of the Black Rock Springs Road and between said road and Moormans River and the Cool Springs Branch, being triangular in shape and containing by estimate fifteen (15) acres. Tract One and Tract Two are the identical properties acquired... in DB 259 P 275. 4557 / 282 11/03/2014 ...all those two tracts or parcels of land, aggregating 108.35 acres, more or less,... and more particularly described as follows: TRACTS ONE:... being known and designated as Lot No. 3 on a plat... in DB 92.6 5 210 P 293... TRACT TWO: ... adjoining the above - described tract of land, roughly described as the parcel of land below the road, with a small house and stable thereon, lying on the west side of the Black Rock Springs Road and between said road and Moormans River and the Cool Springs Branch, being triangular in shape and containing by 15.0 5 estimate fifteen (15) acres. Tract one and Tract Two is the same real estate (reported therein as 107.6 acres, more or less)... acquired... in DB 3154 P 589. October 2, 2020 LOD-2020-00013 Page 3 of 4 4580 / 352 02/02/2015 N ...those two tracts or parcels of land, aggregating 108.35 acres, more or less,... and more particularly described as follows: TRACTS ONE: ... being known and 92.6 5 designated as Lot No. 3 on a plat... in DB 210 P 293... TRACT TWO: ... adjoining the above - described tract of land, roughly described as the parcel of land below the road, with a small house and stable thereon, lying on the west side of the Black Rock Springs Road and between said road and Moormans River and the Cool Springs Branch, being triangular in shape and containing by 15.0 5 estimate fifteen (15) acres. Being the same property conveyed... in DB 4557 P 282. 4746 / 597 04/06/2016 N The attached Boundary Survey Plat showing 94.50 acres. The survey of the 94.50 acres appears to include the land that is the 15-acre tract. So, by 79.5 5 estimation of the portions of the 94.50 acres surveyed, there is an 15.0 5 approximate 15-acre tract and an approximate 79.5-acre tract of the total 94.50 surveyed acres. Future survey of the property may result in a better defined amount of land for each parcel of record. Each parcel will still contain 5 development rights. Based on these deeds; Parcel ID 01300-00-00-01200 is determined to be two (2) parcels of record, comprised of approximately 79.5 acres+/-, containing five (5) development rights, and approximately 15.00 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. October 2, 2020 LOD-2020-00013 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 Community Development Department office located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at HERE. 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, and may be reviewed HERE. Please note that our online documents are in PDF format and must be viewed with a PDF reader. A link to download a PDF reader of your choice is available at the bottom of the page HERE. If you have any questions, please contact me. Sincerely, 07 �-- >591eris Francis H. MacCall Chief of Zoning, Deputy Zoning Administrator Attachment: Copy of plat delineating parcel(s) of record and development rights. Copy: Scott Clark, Ag/For COURSES ALONG CENTERLINE OF ROAD AS IT MEANDERS MAJOR COURSES SHOWN IRON FOUND IN STONE PILE j LINE BEARING DISTANCE L1 S45'26'53"E 61.75 L2 S30'55'55"E 72.03 L3 S27'58'27"E 135.59 L4 S36'42'46"E 35.53 L5 S47'58'36"E 16.75 L6 S54'24'12"E 87.10 L7 S41*05*51"E 43.42 LB S34'SB'i8"E 131.97 L9 S45'06'41"E 104.61 L10 S53'46'52"E 61.51 L11 S58'33'45"E 74.72 L12 S67047'17"E 75.98 L13 S73'00'28"E 58.17 L14 S75'55'16"E 41.85 L15 S83'13'05"E 32.23 L16 N85050'45"E 72.96 L17 N76052'23"E 83.06 L18 N71'14'39"E 64.15 L19 N61'28'26"E 203.76 L20 N53'45'01"E 66.53 L21 N65'24'53"E 49.26 L22 N75'00'13"E 27.88 L23 N67'14'38"E 127.56 L24 S34'38'OB"E 38.45 COURSES ALONG CENTERLINE NORTH FORK MORMANS RIVER AS IT MEANDERS MAJOR COURSES SHOWN LINE BEARING DISTANCE L26 S24'54'07"W 27.78 L27 S31*33'32"W 74.74 L28 S64'55'53"W 102.66 L29 S37413'13"W 86.26 L30 S12037'34"W 128.79 L31 S45022'59"W 116.44 L321 S62'23'55"W 129.50 L33 S55'58'33"W 117.04 L34 S61'54'45"W 110.67 L35 S75917'11"W 62.45 L36 S55'35'30"W 105.71 L37 S46059'22"W 111.05 L36 S28'54'41"W 111.20 L39 S07020'36"E 56.44 L40 S47025'57"E 105.94 L41 S28004'28"E 52.55 L42 S03'04'40"E 84.07 L43 S33619'11"W 66.21 L44 S41047'48"W 226.23 L45 S23011'01"W 88.75 L46 S05'43'00"W 115.25 L47 S12034'19"W 128.29 L48 S44'27'14"W 121.83 L49 S38'41'59"W 118.88 L50 S27001'47"W 179.88 L51 S38'32'58"W 165.61 L52 S28'58'03"W 97.33 L53 S12'22'58"W 152.60 L54 S07'36'22"W 191.01 L55 S17021'07"E 119.70 L56 S05'27'08"W 193.52 L57 S56'18'22"W 59.83 L58 S02'03'53"W 90.22 L59 S27021'23"W 46.08 APPROXIMATE LOCATION OF PAINTED TREE LINE h v/ 2 2 0 O SET V>I .0 Ln 0 Cu P, ,IIITJI c� IRON SET uj IRON SET a POINT IN P f CENTERLINE o OF STREAM �• o0 0 IRON SET-- APPROXIMATE LOCATION OF - PAINTED TREE LINE T.M.24-2 SHENANDOAH NATIONAL PARK D.B.224A-1,122 MAP, 158 DESC. & 160 MAP O.B.177-447,451 DESC. APPROXIMATE LOCATION OF - PAINTED TREE LINE �4c/ � V '2 IRON SET 3 0 O APPROXIMATE LOCATION OF PAINTED TREE LINE N i IRON SET- T.M.24-2 SHENANDOAH NATIONAL PARK D.B.224A-1,122 MAP, 158 DESC. & 160 MAP D.B.177-447,45i DESC. Ph O O�\�B \s10 00\\0 APPROXIMATE LOCATION OF ' COOL SPRINGS BRANCH q�y TAKEN FROM COUNTY OF ALBEMARLE GIS WEBSITE DATA T.M.13-1 MOUNT FAIR, LLC D.B.4675-35,38 & 39 PLAT L1 THRU L23 IRON L24 ARE ALONG CENTERLINE OF ROAD �-(BLACK ROCK GAP ROAD) SET AS IT MEANDERS MAJOR COURSES SHOWN �2?-•;---- �` L26 ,9C,� IRON "L27 <' ` 9OC SET ' 04P ROAD �2 L�3L14 �.. �. *SEE NOTE NO.4 /o ; SHEET 1 OF 2 M L15 J" Approximately 15 acres 5 DRs L39 -(�, CURRENT LOCATION OF MAIN CHANNEL OF NORTH FORK MOORMANS RIVER Approximately 79.5 acres 5DRs T.M.13-12 94.50 ACRES D.B.4580-352 O.B.259-220 DESC. 0.8.210-294 PLAT STREAM -J\'• L40 IS ALONG CENTERLINE OF OLD RIVER BED L26 THRU L59 ALONG CENTERLINE OF TH FORK MOORMANS RIVER AS IT MEANDERS MAJOR COURSES SHOWN T.M.13-3 CEDAR MT.LLC, ET.AL. D.B.4031-631 oil �� D.B.3398-133 ;' D. B.2402-331 Iv D.B.2098-406 Q D.B.1963-366 D. B. 029-205 D.B.829-120 D.B.444-221 D.B.127-340 DESC. D.B.98-227 PLAT m Q� D.B.59-396 DESC. L26 THRU L59 ARE ALONG CENTERLINE OF NORTH FORK MOORMANS RIVER AS IT MEANDERS MAJOR COURSES SHOWN SCALE: i" = 200' DATE: NOVEMBER 1B,2015 CURRENT LOCATION OF ;f�''•r0 GRAPHIC SCALE 1=200' MAIN CHANNEL OF j; 0% NORTH FORK MOORMANS RIVER 0 200 400 600 u-i 600 �3�\ ',Aper ALONG HCENTERLINE OF OLD RIVER BED 2 36'g2„Wco >Op 00 /v0 IRON SET 24"TRIPLE MAPLE AT 37.99' GL