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Home My WebLink AboutLOD202100003 Letter of Determination 2021-08-23V County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT August 23, 2021 Kirk Hughes Kirk Hughes & Associates 220 East High Street Charlottesville VA 22902 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone:434-296-5832 WWW.ALBEMARLE.ORG RE: LOD2021-00003 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 05800-00-00-09100 (Properties of IVY POINT FARMS LLC C/O WILLIAM SWANSON) Samuel Miller Magisterial District Dear Mr. Hughes: 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 05800-00-00-09100 is comprised of one (1) parcel of record, with a total of four (4) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 05800-00-00-09100 contains 7.27 acres and one (1) dwelling. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 05800-00-00-09100, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 690, page 315, dated March 22, 1980. Before December 10. 1980 Deed Date Parcel Change Description Acres Book/Page Y or N 260 / 034 05/26/1944 Y ... all that certain tract or parcel of land containing 112.8 112.80 acres ... more particularly described by a plat hereto attached as part of this deed... 265/165 10/08/1945 N ...all that certain tract or parcel of land ...containing 112.8 112.80 acres, more or less, and more particularly described by a plat attached to a deed ... in DB 260 P 34. 332 / 407 Y ... all that certain tract or parcel of land ... containing 45.24 112.80— acres, according to a plat ... attached hereto and made a 45.24 = part hereof. The land ... is a portion of that which was 67.56 conveyed ... in DB 265 P 165. The deed does not describe the residue, but by calculation it would have approximately been 67.56 acres. 353 / 433 09/18/1958 Y All of that tract or parcel of land consisting of thirty seven 67.56— and fifty seven one hundredths (37.57) acres, more or less, 37.57 = being the same land described by metes and bounds on a 29.99 plat ... attached hereto ... as party of this deed. This is part of the land conveyed ... in DB 265 P 165. This plat does not identify the two portions of the remaining portion of the original 112.8 acres. One of the portions appears to be the 8.85 acres, later described below in DB 718 P 39 August 23, 2021 LOD-2021-00003 Page 2 of 3 690 / 315 03/22/1980 Y ...all that certain tract or parcel of land ...containing 26.64 29.99 acres... is composed of 5.5 acres which were conveyed in - DB 305 P 93, and a portion of the 112.8 acres conveyed to 21.14 ...(DB 265, P 165). _ 8.85 The portion of the 112.8 acres can be deduced to be 21.14 acres (26.64 - 5.5 = 21.14), and per the calculation of all of the previous divisions, that reduced the 112.8 acres multiple times. (See calculations to the right.) The remaining portion of the 112.8 acres can then be deduced to contain approximately 8.85 acres. The 8.85 acres is what remained of the 112.8 acres as of 12/1011980. After December 10, 1980 Deed Date Parcel Change Description Acres Development Book/Page Y or INRights 718/39 05/21/1981 N ...all those certain lots or parcels of land... aggregating 17.40 acres, more or less and being composed of the following: A. Approximately 8.85 acres which 8.85 4 remain of the 112.80 acre tract conveyed... in DB 265, P 165. B. .600 acres, ... C. 4.18 acres, ... D. 3.77 acres, ... 8.85ac + .600ac + 4.18ac + 3.77ac = 17.40 acres. The deed does not combine the four different tracts of land, only describes that in the aggregate they total 17.40 acres. 775 / 322 09/01/1983 N All those four certain lots or land, ... containing in the aggregate 17.40 acres, more or less, ...conveyed in DB 718 P 39, 8.85ac 4 wherein said parcels are described as portion of paragraphs A, B, C, and D. By recent the survey attached hereto said parcels are 15.04ac determined to be 15.04 acres, however there is no intention to consolidate said parcels by said plat or by terms of this instrument. 977 / 346 01/26/1988 N All that certain tract or parcel of land... containing 15.044 acres, and 8.85 4 described on a plat... in DB 775, P 327. See ... Said property is the same as that above conveyed in DB 718, P 39. 21981601 05/14/2002 N All that certain tract or parcel of land... containing 15.044 acres, and 8.85 4 described on a plat... in DB 775, P 327. See Being the same as property conveyed... in above DB 977, P 346. 2298 / 277 10/15/2002 N All that certain lot or parcel of land... containing 15.044 acres, and 8.85 4 described on a plat... in DB 775, P 327. See Being the same as property conveyed... in above DB 2198, P 601. August 23, 2021 LOD-2021-00003 Page 3 of 3 Based on these deeds; Parcel ID 05800-00-00-09100 is determined to be one (1) parcel of record, approximately comprised of 8.85 acres''-, containing four (4) development rights. A more modern survey of the tract will identify the exact acreage. The parcel is 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 $284. 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, Francis H. MacCall Chief of Zoning, Deputy Zoning Administrator Attachment: Copy of map delineating parcel(s) of record and development rights. LO s 21-03 TMP58-91, 21-04 TMP58-92C1, 21-052 TMP58-99A, 21-06 TMP58-99B, 21-07 TMP58-99A1, 21-08 TMP58-9 58A2-25A p 58A2-23 58A2-23A 58A2-25 .y'1 58-90B 58A2-23B 58A2-26 58-90C 58-90A3 58-90A Legend (Note. Some items on map rosy not appear In legend) Ivy Rd � �j Parcellnfo _ Q M � ss esAz m 58A2-28 / 58-91 N LOD 2021 03 Q❑ c opt Parcels The noted development � pprox. 8.85 acres rights are theoretical for s8-93A i� 4DRs " the acreage identified in 58-91F the deeds. If new surveys are done that 58 92A 58-92B 58-92 LOD2021-04 reduce any parcels a s8 s1A below certain acreage Approx. 0.600 acres 1 DR totals, then the number 58-91G of development rights 58-92cl may change.** 58-98e 58-98A LOD2021-08 LOD2021-05 ""Development Approx. 3.93 acres Approx. 3.77 acre 58-91 H rights are allocated in 2-acre portions. 11� 1 DR (2-3.99 acres is allocated 1 9B1 58-99A development right, - 4-5.99 acres is allocated 2 1 ; - development rights, 58-98 58-91 J 58-91B 6-7.99 acres is allocated 3 r development rights, \p 8-9.99 acres is allocated 4 development rights, and LOD2021-06 r-. 10+ acres is allocated 5 Approx. 4.18 acres �114 98-91C development rights.) 2 D Rs 58-91 K Rodes- 58-95 LOD2021-07 Approx. 27.45 acres 5DRs 58-91L s8-s1m 58-99A1 /J 58-95A1 58-91Q 58-100 376 ft GIS WMb 02 lull Geeogragral Data Services eadyallseadidegagi N\n (030)296-583232 01 My determination oftopo,opby or contours, or any depiction M p1mfical Improvements, propeM lines or boundaries is art g malion only and shall nat be used for Me design, modification, or consturction of Improvements to real properly or for flood plain determination. August 16. 2021 Map elements may scale larger than GIS data measured in the map or as provided on Me data download page due 0 the projection used. Map Pmjeclion: VJGS84 VJeh Mercator (Ausile,y Sphere) (EPSG 3857)