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