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Home My WebLink AboutSUB201900171 Action Letter 2019-12-12 ov`4& a� II 11f'� 8$ .,"1 177i t COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 December 12, 2019 Andy Graff 700 Light Street Charlottesville, VA 22902 RE: LOD201900032—OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS— Parcel ID 05000-00-00-01900 Owner—PMC Distribution Inc, PO Box 684 Keswick, VA 22947 Rivanna Magisterial District Dear Mr. Graff: 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 05000-00- 00-01900 is comprised of three (3) parcels of record, with three (3)theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 05000-00-00-01900 contains 7.31 and zero (0) dwellings. The property is zoned RA, Rural Areas and is in the Kinloch Agricultural/Forestal District. The most recent deed for Parcel ID 05000-00-00-01900, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 703, page 385 and is dated October 17, 1980. Before December 10, 1980 Deed Date Parcel Change Description Acres Book/Page Y or N 287/398 2/1/1950 N Tract No. 2 containing 3 1/10 acres... TM50-15B Plat and description of a 3.1 acre parcel. 3.1 acres 295/382 4/24/1951 N Plat shows three parcels containing 3 acres, 1 acre, and 3+ TM50-15B acres. 3 acres Plat shows"Wilkerson Minor"as a tract containing 3 acres 2 rods and 3 poles TM50-18 1 acre TM50-19 3+ acres 295/398 4/25/1951 N Plat and description shows a one acre parcel labeled"No. TM50-18 2" 1 acre December 12, 2019 LOD201900032 Page 2 417/474 5/13/1966 N Tract No. Two:All that certain tract or parcel of land TM50-19 containing 3 acres, more or less, shown on the above 3 acres+ mentioned plat(DB 295, pg 386)as"Wilkerson Minor 3+ Acres Exhibit E" Tract No. Four:All that certain tract or parcel of land TM50-18 containing 1 acre, more or less...shown on plat inn DB 295, 1 acre pg 386 and is also marked as"Exhibit"No. 2 1 acre"...in DB 295, pg 400. TM50-15B Tract No. Six: All that certain tract or parcel of land 3.1 acres containing 3.1 acres, more or less...and described as Tract No.2 on the last mentioned plat... dated January, 1950 (DB 287, pg 400) 428/391 5/1/1967 N Tract No.Two:All that certain tract or parcel of land TM50-19 containing 3 acres, more or less,shown on the above 3 acres+ mentioned plat(DB 295, pg 386)as"Wilkerson Minor 3+ Acres Exhibit E" Tract No. Four:All that certain tract or parcel of land TM50-18 containing 1 acre, more or less...shown as "No. 2 1 acre" 1 acre on the plat...a copy of which is recorded in DB 295, pg 400. Tract No. Six:All that certain tract or parcel of land TM50-15B containing 3.1 acres, more or less...and described as Tract 3.1 acres No. 2 on the last mentioned plat... dated January, 1950 (DB 287, pg 400) 618/ 198 4/14/1977 N ...all those certain tracts or parcels of land,fronting on both TM50-15B sides of State Route 231, near"Cash Corner"containing 2.926 54.094 acres, more or less, as more particularly described + and identified on a plat...hereto attached and to be TM50-19 recorded herewith as: (1)Tax Map 50-15 containing 21.090 + acres and Tax Map 50-15B containing 2.926 acres; (2) TM50-18 ...Tax Map 50-13 and 50-14 containing in the aggregate 4.388 25.693 acres and Tax Map 50-18 and Tax Map 50-19 = containing in the aggregate 4.388 acres.The above 7.314 tracts are all shown as containing in the aggregate 54.094 acres acres on said plat attached. Plat and description changes the acreage of TM 50-15B from 3.1 acres to 2.926. It also suggests that the aggregate of TM 50-19 and 50-18 is 4.388 acres. If TM 50-18 is one acre then TM 50-19 is 3.388 acres. 703/385 10/17/1980 N All those certain tracts or parcels of land,fronting on both 3 Parcels sides of State Route 231, near"Cash Corner" containing 54.094 acres, more or less, as more particularly described TM50-15B and identified on a plat...in DB 618, pg 201, being the same 2.926 property in DB 618, pg 198. TM50-18 On the date of the adoption of the Zoning Ordinance, 1 December 10, 1980 the tracts of land were considered 3 parcels of record, Parcels 15B, 18, and 19 on Tax Map TM50-19 50. 3.388 December 12, 2019 LOD201900032 Page 3 After December 10, 1980 Deed Date Parcel Change Description Acres Development Book/Page Y or N Rights 736/309 2/2/1982 N ...all those certain tracts or parcels of TM 50-18 1 land...described as"Tax Map 50-13", "TM 1 50-14", "TM 50-18", and "TM 50-19" containing a total of 30.081 acres, on a TM50-19 1 plat...in DB 618, p 201... 3.388 1548/49 6/20/1996 N ...all those certain tracts or parcels of TM50-15B 1 land...containing 54.094 acres, more or 2.926 less, as more particularly described and identified on a plat...in DB 618, pg 201. TM50-18 1 Being the same property...in DB 703, pg 1 385 and DB 736, pg 309 See explanation under DB 703, p 385. TM50-19 1 Parcels are the same as described in the 3.388 above mentioned Deeds. 1660/341 12/8/1997 N All those certain tracts or parcels of TM50-15B 1 land...containing 54.094 acres, more or 2.926 less, as more particularly described and TM50-18 1 identified on a plat...in DB 618, pg 201;And 1 being the same property in DB 1548, pg 49. TM50-19 1 3.388 1980/383 12/20/2000 N Schedule A TM50-15B 1 All those certain tracts or parcels of 2.926 land...containing in the aggregate 54.094 acres, more or less, as more particularly TM50-18 1 described and identified on a plat...DB 618, 1 pg 201; and being the same property in DB 1660, pg 341 TM50-19 1 3.388 - 4341 /591 4/26/2013 N Schedule A TM50-15B 1 All those certain tracts or parcels of 2.926 land...containing in the aggregate 54.094 TM50-18 1 acres, more or less, as shown on plat...in 1 DB 1980, pg. 383 TM50-19 1 3.388 5089/497 8/21/2018 N Schedule A TM50-15B 1 All that certain tract or parcel of 2.926 land...shown as Tax Map 50-19(DB 428, pg 391 and DB 295, pg 387 plat)and TM 50-18 TM50-18 1 (DB 295, pg 400) (4.366 acres)and Tax 1 Map 50-15B (DB 428, pg 391 and DB 287, pg. 400 plat) (2.926 acres)...containing a TM50-19 1 total of 7.314 acres, more or less, as shown 3.388 on that certain plat entitled "Plat Showing a Survey of Paradise being a 50.094 acre tract composed of Parcels 13, 14, 15, 15B, 18 and 19, on Tax Map 50 ..recorded in DB 618, pg 201, to which reference is hereby made; now assessed as Parcel ID 05000- 00-00-01900; being the same property in DB 4341, pg 591, less 46.783 acres in DB 4889, page 4952. December 12, 2019 LOD201900032 Page 4 Based on these deeds; Parcel ID 05000-00-00-01900 is determined to be three (3) parcels of record, comprised of the following: Approximately 2.926 acres+/-, containing one (1) development right. Approximately 1 acre+/-, containing one (1) development right. Approximately 3.388 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 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, ./(Cez 94.(tOz.„-- Kevin McCollum Planner Designee to the Zoning Administrator Attachment: Map delineating parcel(s) of record and development rights. Corre�__d Map 50=20D 50-20B .64741 • • -L50-20A 6'480t , 6505 - S0 20E -- - 150-113 — 6;495, 3r864y ' � 1 1852 50-20,F' Parcel 19 3.388 Acres 1 Development Right Parcel 1: 1 Acre DR 50=1; Parcel 15B 2.926 Acres 1 Development Right 50=19A 50-16 188ft 66-1' 504 My 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 pta Map elements may scale larger than GIS date measured in the map or as provided on the data download page due to the projection used,Map Projection:WG584 Web Mercator(Auxiliary Sphere)(EPSG 3857)