HomeMy WebLinkAboutLOD202100014 Letter of Determination 2021-12-17�.i OF AL8
County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
December 17. 2021
Brian Ray
Roger W. Ray & Associates, Inc.
663 Berkmar Court
Charlottesville VA 22901
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434- 29 6 - 5 832
WWW.ALBEMARLE.ORG
RE: LOD2021-00014 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT
RIGHTS — Parcel IDs 07500-00-00-03300, 07500-00-00-03400, 07500-00-00-045A0, 07500-00-00-045130,
07500-00-00-045C0,07500-00-00-03500,07500-00-00-03800,and 07500-00-00-04500
Properties of SWEETSPOT OF ALBEMARLE LLC, Samuel Miller 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:
• ParcellDs 07500-00-00-03300,07500-00-00-03400,07500-00-00-045A0,07500-00-00-045130,
and 07500-00-00-045CO each are parcels of record, each with two (2) theoretical development
rights;
• Parcel ID 07500-00-00-03500 is a parcel of record, with a total of four (4) theoretical development
rights;
• Parcel ID 07500-00-00-03800 is a parcel of record with one (1) theoretical development right; and
• Parcel ID 07500-00-00-04500 consists of two parcels of record, one with five (5) theoretical
development rights and one with one (1) theoretical development right.
The basis for this determination follows.
Albemarle County Real Estate Assessment records indicate that:
• Parcel ID 07500-00-00-03300 is 4.91 acres with zero dwellings,
• Parcel ID 07500-00-00-03400 is 4.91 acres with zero dwellings,
• Parcel ID 07500-00-00-045AO is 9.71 acres with one dwelling,
• Parcel ID 07500-00-00-045BO is 13.57 acres with zero dwellings,
• Parcel ID 07500-00-00-045CO is 39.91 acres with three dwellings,
• Parcel ID 07500-00-00-03500 is 8.95 acres with one dwelling,
• Parcel ID 07500-00-00-03800 is 0.69 acres, and
• Parcel ID 07500-00-00-04500 is 61.02 acres with one dwelling.
The properties are zoned Rural Areas (RA).
The most recent deed for Parcel ID 07500-00-00-03300, recorded before the December 10, 1980,
adoption of the Zoning Ordinance, is found in Deed Book 526, page 39, dated March 28, 1973.
Before December 10, 1980
Parcel ID 07500-00-00-03300
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
136 / 307
02/25/1907
Y
... all of that certain lot or parcel of land ... designated as lot
No. Three (3) on a plat ...to be recorded ...at the same
time with this deed, said lot No. Three containing Five (5)
5.00
acres.
263 / 372
06/09/1945
N
...the following described parcel of land ... being Lot No. 3
5.00
as shown on a plat ... in DB 136 P 309.
265 / 030
10/10/1945
N
...all that certain lot or parcel of land ...containing five (5)
5.00
acres, more or less and being Lot No. 3 as shown on a plat
...in DB 136 P 309.
313 / 044
10/15/1954
N
...all that certain tract or parcel of land ...containing five (5)
5.00
acres, more or less, and being Lot No. 3 as shown on a plat
... in DB 136 P 309.
This is the identical land conveyed ... in DB 265 P 30, ...
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LOD-2021-00014
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389 / 398
07/05/1963
N
...5 acres ...being Lot 3 on a division of M.F. Maury estate
DB 136 P 309, ...and conveyed ...in DB 313 P 44.
5.00
426 / 569
02/21/1967
N
...the following described parcels of land
5.00
...5. A tract containing 5 acres which was conveyed ... in
DB 389 P 398
526139
03/28/1973
N
...all that certain tract or parcel of land ...containing 247
acres, more or less, a portion of which containing 240.996
acres is composed of a parcel of 257.166 acres shown on a
plat, ... attached hereto and made a part of this deed LESS
16.2 acres acquired ...for Interstate 64 ...and the remainder
of which is composed of a tract of 5 acres designated as lot
5.00
No. 3 on plat ... in DB 139 P 309, a tract of .7 acres
conveyed ...in DB 359 P 79 and a tract of a fraction of an
acre conveyed ... in DB 298 P 318. The property hereby
conveyed is the same property ... in DB 426 P 569.
A plat was recorded showing three separate tracts, a 51.07-
acre tract, an 84.668-acre tract, and a 121.428
The most recent deed for Parcel ID 07500-00-00-03400, recorded before the December 10, 1980,
adoption of the Zoning Ordinance, is found in Deed Book 639, page 527, dated December 7, 1977.
Before December 10, 1980
Parcel ID 07600-00-00-03400
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
136 / 304
02/25/1907
Y
...all of that certain lot or parcel of land ...designated as lot
No. Two (2) on a plat ...to be recorded ... at the same time
5.00
with this deed, ...said lot No. Two containing Five 5 acres.
136 / 307
02/25/1907
Y
Plat showing 5 acres
5.00
206 / 468
10/25/1929
N
... all that certain tract or parcel of land ... containing about
five acres, ...and designated as lot no. 2 on a plat ...in DB
5.00
136 P 309, ...being the same lot ...conveyed ...in DB 136 P
304,...
278 / 415
04/29/1948
N
... all that certain tract or parcel of land ... designated as lot
5.00
No. 2 on a plat ...recorded in DB 136 P 309. This is the
same property ... conveyed ed ...in DB 206 P 468, ...
360 / 580
08/05/1960
N
... all that certain tract or parcel of land ... designated as Lot
5.00
No. 2 on a plat ...recorded in DB 136 P 309. ...This is the
same property ... conveyed ...in DB 278 P 415, ...
639 / 527
12/07/1977
N
...the following two parcels of land:
(1) ...
(2) All that certain parcel of land ... designated as
5.00
Lot No. 2 on plat ...recorded ...in DB 136 P
309, being the same land conveyed ... in DB
360 P 580.
The most recent deed for Parcel ID 07500-00-00-045A0, recorded before the December 10, 1980,
adoption of the Zoning Ordinance, is found in Deed Book 651, page 299, dated June 1, 1978.
Before December 10, 1980
Parcel ID 07500-00-00-045AO
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
304 / 535
04/09/1953
Y
...a tract of land ...containing 5 3/10 acres, more or less, as
5.30
shown by plat ...attached to this deed as a part thereof,
...The tract of land hereby conveyed is a part of a tract of
143 acres which was conveyed ... in DB121 P 42.
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LOD-2021-00014
Page 3 of 10
322 / 303
02/14/1956
Y
...land the grantor needed for the location and construction
5.30
of said highway (State Highway Route 29), the said land
-
being as shown on a plan and surrey of the said highway,
0.09
...and described as follows: ... containing 0.09 acres, more
=
or less, land.
5.21
651 / 299
06/01/1978
N
... all that certain tract or parcel of land ... containing 5.21
5.21
acres, more or less, and being all of the 5.30 acres
conveyed ...and recorded with plat ...in DB 304 P 535, with
the EXCEPTION of a strip of 9/100ths of an acre ... in DB
322 P 303.
The most recent deed for Parcel ID 07500-00-00-03500, recorded before the December 10, 1980,
adoption of the Zoning Ordinance, is found in Deed Book 617, page 343, dated March 7, 1977.
Before December 10, 1980
Parcel ID 07600-00-00-03500
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
147/399
11/07/1911
Y
...all that certain tract or parcel of land ...containing eight
and one half (8 1/2) acres according to plat of survey ...to
8.5
be recorded with this deed as a part thereof: the land
hereby conveyed being a part of the same land conveyed
... in DB 121 P 40.
237 / 545
11/30/1937
N
...all that certain tract or parcel of land, ...containing 8 112
8.5
acres according to a plat ... in DB 147 P 399, and being in
all respects the same land conveyed ...in DB 147 P 399
274 / 366
06/26/1947
N
...all that certain tract or parcel of land ...containing 8 1/2
8.5
acres, more or less, and being in all respects the same land
... conveyed ...in DB 237 P 545.
281 / 445
12/14/1948
N
...all that certain tract or parcel of land ...containing 8 1/2
8.5
acres, more or less, and being in all respects the same land
... conveyed ...in DB 274 P 366.
527 / 251
04/17/1973
N
...all that certain tract or parcel of land ...containing 8 1/2
8.5
acres, more or less, as shown on plat ... in DB 147 P 400;
and being the same property ...conveyed ...in DB 281 P
445
617 / 343
03/07/1977
Y
...all that certain tract or parcel of land ...containing 8 1/2
acres, more or less, as shown on a plat ...in DB 147 P 400,
8.5
and the parties of the first part do convey by Quit claim unto
Hedgerow Corporation and all interest that may have in the
property shown on a plat of William S. Roudabush, Inc.,
Plat
dated June 2 1976, attached hereto and recorded herewith
Shows
that extends beyond and covers more than the property
9.11 acres
conveyed by and according to plat of Hugh F. Simms,
S.A.C., hereinabove described, and being the same
roe ...conveyed ...in DB 527 P 251.
The most recent deed for Parcel ID 07500-00-00-03800, recorded before the December 10, 1980,
adoption of the Zoning Ordinance, is found in Deed Book 526, page 39, dated March 28, 1973.
Before December 10, 1980
Parcel ID 07500-00-00-03800
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
131 / 054
07/24/1905
Y
...two certain tracts or parcels of land ...each containing
143
one acre of land ...which said two tracts of land are more
-
fully described according to two separate plats ...attached
1
to this deed as a part thereof.
Multiple deeds transferring 1.0 acres created in DB 131 P 54
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LOD-2021-00014
Page 4 of 10
328 / 509
10/12/1956
Y
Description of the 0.30 acres being condemned, which
0.70
reduced the lacre tract to .7 acres.
359/79
05/24/1960
N
...7/10 of an acre ... being all of the one acre as 1 '/2 acres
0.70
... in DB 273 P 181 that remained after the Commonwealth
of Virginia condemned 3/10 of an acre for Route 29 ... DB
328 P 509 to 511.
426 / 569
02/21/1967
N
...the following described parcels of land
0.70
...6. A tract containing .7 acres which was conveyed ... in
DB 359 P 79
526 / 39
03/28/1973
N
...all that certain tract or parcel of land ...containing 247
acres, more or less, a portion of which containing 240.996
acres is composed of a parcel of 257.166 acres shown on a
plat, ... attached hereto and made a part of this deed LESS
16.2 acres acquired ...for Interstate 64 ...and the remainder
of which is composed of a tract of 5 acres designated as lot
0.70
No. 3 on plat ... in DB 139 P 309, a tract of .7 acres
conveyed ...in DB 359 P 79 and a tract of a fraction of an
acre conveyed ... in DB 298 P 318. The property hereby
conveyed is the same property ... in DB 426 P 569.
A plat was recorded showing three separate tracts, a 51.07-
acre tract, an 84.668-acre tract, and a 121.428
Parcel ID 07500-00-00-04500 is comprised of portions of two separate parcels of record, originally 143
acres and 236.5 acres.
The most recent deed for the 143-acre portion of the tract, known as Parcel ID 07500-00-00-04500,
recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 535,
page 368, dated June 15, 1973.
Before December 10, 1980
Parcel ID 07500-00-00-04500 (143-acre tract)
Deed
Parcel
Book/Page
Date
Change Y or
Description
Acres
N
121/40
07/01/1880
Y
" That certain tract or parcel of land ...containing by
143
03128/1898
recent survey ...143 acres — "Beginning..."
121 / 49
09/16/1901
Y
...all that certain lot or parcel of land ...containing one
143
acre 3 roods & sixteen poles according to a plat of
-
survey, ...to be recorded herewith...
1.85
141.15
131 / 054
07/24/1905
Y
...two certain tracts or parcels of land ...each containing
141.15
one acre of land ...which said two tracts of land are more
-
fully described according to two separate plats
1
...attached to this deed as a part thereof.
_
140.15
136 / 304
02/25/1907
Y
...all that certain lot or parcel of land ...designated as lot
140.15
No Two (2) on plat ... containing Five (5) acres. The said
-
lot of land hereby conveyed is a part of a tract of land
5
conveyed ... in DB 121 P 40.
_
135.15
1361307
02/25/1907
Y
...all that certain lot or parcel of land ...designated as lot
135.15
No Three (3) on plat ... containing Five (5) acres. The
-
said lot of land hereby conveyed is a part of a tract of
5
land conveyed ... in DB 121 P 40.
_
130.15
The plat from DB 136 P308-309 shows 3 other 5-acre
parcels being created
December 17, 2021
LOD-2021-00014
Page 5 of 10
147 / 399
11/07/1911
Y
...all that certain tract or parcel of land ...containing eight
130.15
and one half (8 1/2) acres according to plat of survey ...to
-
be recorded with this deed as a part thereof: the land
8.5
hereby conveyed being a part of the same land conveyed
=
... in DB 121 P 40.
121.65
186 / 560
02/20/1924
Y
Description of two strips of land (0.24 ac. and 1.92 ac.)
totaling 2.16 ac.
UNKOWN
These strips are portions of the original 143
RESIDUE"
ac. and 236.5 ac. tracts. It is not clear how
much was removed from each tract of land.
210 / 379
04/25/1929
Y
... being in all respects the one acre lot designated as Lot
121.65"
No.1 in the deed and plat from ... DB 131 P 54.
+
1.0
120.65"
2101380
11/16/1930
Y
...that certain lot or parcel of land consisting of one acre
120.65"
more or less, ...and being Lot No. 1 (adjoining the church
-
lot) of the two lots conveyed ... in DB 131 P 54.
1.0
121.65"
304 / 535
04/09/1953
Y
... a tract of land ... containing 5 3/10 acres, more or less,
121.65"
as shown by plat ... attached to this deed as a part
-
thereof,...
5.3
116.35**
3111207
03/12/1954
Y
...a certain lot or parcel of land containing 71/100 of an
116.35**
acre, more or less, ...hereby conveyed being described
-
by plat ... attached hereto as a part of this deed, and said
0.71
lot being part of the land which was devised ...in WB 32
=
P 169.
115.64**
324 / 096
05/18/1956
N
...all that certain tract or parcel of land, ...lying on the
northwest side of U. S. Route 29, containing 121.428
121.428
acres as shown on plat ... attached hereto and recorded
herewith ... The said property is the remaining tract of
143 acres, more or less, which was conveyed ... in DB
121 P 40 ...and all the remaining portion of a tract of 236
/2 acres, more or less, which was conveyed ... in DB 125
P 153, with the exception of the particular parcels
conveyed off therefrom and reserved as hereinafter set
forth.
The parcels conveyed off from the 143-acre tract
...are described above and the 236.5-acre tract
described below; except for what is described
in this deed in paragraph (i) as A parcel of
_ acres sold and to be conveyed to the
Commonwealth of Virginia by Peoples
National Bank of Charlottesville ...lying
between the 121.428 acre tract herein
conveyed and the centerline of U.S. Route 29,
... "This land is described in DB 325 P 514
and is described in four parcels that were part
of three separate tracts of land, the 143 acres,
the 236.5 acres and an 18.25-acre tract. The
survey included with this plat now identifies
the parcel as being 121.428 acres
December 17, 2021
LOD-2021-00014
Page 6 of 10
325 / 514
05/11/1956
Y
...the land of the grantor needed for the location and
See
construction or other improvement of said highway ... and
description
described as follows:
above
The description follows for four parcels of
land totaling 10.05 acres, where the four
parcels are noted as being part of three tracts
of land: a 143-acre tract, a 236.5-acre tract,
and an 18.25-acre tract. The amount that
comes from each is unclear. The amount
described in DB 324 P 96 had already been
accounted for in the total area surveyed of
121.428 ac., but the exact amount was never
made clear see paragraph i above).
426 / 569
02/21/1967
N
... the following described parcels of land...
1. A parcel containing 84.668 acres, being the
remainder of the tract ... in DB 256 P 234....
2. A tract containing 51.07 acres shown on plat
attached to a deed ... in DB 326 P 323
3. A tract containing a fraction of acre which was
conveyed ... in DB 298 P 317 (actually 318)
4. A tract of 121.428 acres which was conveyed
121.428
... in DB 324 P 96.
5. A tract containing 5 acres which was conveyed
5
... in DB 389 P 398.
6. A tract containing .7 acres which was conveyed
.7
... in DB 359 P 79.
526 / 39
03/28/1973
N
...all that certain tract or parcel of land ...containing 247
acres, more or less, a portion of which containing
240.996 acres is composed of a parcel of 257.166 acres
shown on a plat, ...attached hereto and made a part of
this deed LESS 16.2 acres acquired ...for Interstate 64
121.428
...and the remainder of which is composed of a tract of 5
acres designated as lot No. 3 on plat ...in DB 139 P 309,
5
a tract of .7 acres conveyed ... in DB 359 P 79 and a tract
of a fraction of an acre conveyed ... in DB 298 P 318. The
.7
property hereby conveyed is the same property ...in DB
426 P 569.
A plat was recorded showing a survey of
three separate tracts (a 51.07acre tract, an
84.668acre tract minus 16.2 ac, and a
121.428-acre tract), totaling 240.996 ac. The
121.428 acres are the residue of the 143-acre
tract and includes the residue of the 236.5-
acre tract. Even though the 121.428 acres are
shown as one parcel, they do not combine the
two residues of the 143-acre tract or the
236.5-acre tract.
5351368
06/15/1973
Y
Description of
...Parcels 008, 013, 017, and 014 together containing
1.701 acres, more or less, land.
121.428
...Parcel 017 ...containing 0.099 acres, more or less; and
0.099
being part of the same land acquired ... in DB 526 P 39...
_
121.329
These Parcels are all for the Commonwealth
of VA right of way for Route 29.
121.428 - 0.099 = 121.329 acres
December 17, 2021
LOD-2021-00014
Page 7 of 10
The most recent deed for the 236.5-acre portion of the tract, known as Parcel ID 07500-00-00-04500,
recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 325,
page 514, dated May 11, 1956.
Before December 10, 1980
Parcel ID 07600-00-00-04500 (236.5-acre tract)
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
125/153
09/04/1901
Y
...All that certain tract or parcel of land ... containing
236.5
according to plat of survey ...to be recorded herewith as
a part of this deed two hundred & thirty six one half
(2361/2) acres ... "Beginning ........ being a part of the
same tract of land conveyed ... by deed of William
Dudley & wife
129 / 365
11/19/1904
Y
...all of that certain lot or parcel of land ... containing 10
236.5
acres of land ...and described according to plat ...to be
-
recorded with this deed as a part thereof...
10
226.5
131 / 054
07/24/1905
Y
...two certain tracts or parcels of land ...each containing
226.5
one acre of land ...which said two tracts of land are more
-
fully described according to two separate plats
1
...attached to this deed as a part thereof. ...AND
=
WHEREAS said lot number 2 is a part of the 236 Y= acres
225.5
...conveyed in DB 125 P 153.
1321039
11/16/1905
Y
...All that certain tract or parcel of land ... containing 36 %
225.5
acres according to plat of survey ...which plat of survey
-
also contains 35 % acres conveyed to Charles Gibson.
36.5
Said plat of survey is recorded with this deed as a part
=
hereof. The said 36 '/= acres being a part of the same
189
land conveyed ...in DB 125 P 153.
1321041
11/16/1905
Y
...all that certain tract or parcel of land ...containing
189
Thirty Five and one half (35Yz) acres according to plat of
-
survey ...which said plat is to be attached to this deed as
35.5
a part hereof ... Being a part of that tract of land conveyed
=
...in DB 125 P 153.
153.5
153 / 182
07/28/1913
Y
...that certain tract or parcel of land ...containing 134
153.5
acres and described in a plat
-
134
19.5
1741240
09/10/1918
Y
...all that certain tract or parcel of land ...containing 4.3
19.5
acres described on plat
-
4.3
15.2
186 / 560
02/20/1924
Y
Description of two strip of land, 0.24 ac. and 1.92 ac.
totaling 2.16 ac.
UNKOWN
These strips are portions of the original 143
RESIDUE"
ac. and 236.5 ac. tracts. It is not clear how
much was removed from each tract of land.
324 / 096
05/18/1956
...all that certain tract or parcel of land, ...lying on the
northwest side of U. S. Route 29, containing 121.428
121.428
acres as shown on plat ...attached hereto and recorded
herewith ... The said property is the remaining tract of
143 acres, more or less, which was conveyed ... in DB
121 P 40 ... and all the remaining portion of a tract of 236
/ acres, more or less, which was conveyed ... in DB 125
P 153, with the exception of the particular parcels
December 17, 2021
LOD-2021-00014
Page 8 of 10
conveyed off therefrom and reserved as hereinafter set
forth.
The parcels conveyed off from the 143-acre tract
are described above and the 236.5-acre tract are
described above; except for what is described
in this deed in paragraph (i) as "A parcel of
_ acres sold and to be conveyed to the
Commonwealth of Virginia by Peoples
National Bank of Charlottesville ...lying
between the 121.428 acre tract herein
conveyed and the centerline of U.S. Route 29,
..." This land is described in DB 325 P 514
and is described as four parcels that were
part of three separate tracts of land, the 143
acres, the 236.5 acres and an 18.25-acre tract.
The survey included with this plat now
identifies the parcel as being 121.428 acres
3251514
05/11/1956
Y
...the land of the grantor needed for the location and
See
construction or other improvement of said highway ...
description
and described as follows:
above
The description is for four parcels of land
totaling 10.05 acres where the four parcels
are noted as being part of three tracts of land:
a 143-acre tract, a 236.5-acre tract, and an
18.25-acre tract. The amount that comes from
each is unclear.
3251587
07/26/1956
Y
...all that certain tract or parcel of land ... containing
8.875 acres, more or less, being the western portion of a
tract of 11.215 acres shown on a plat ... attached hereto
and by reference is made part hereof, and being an
8.875
isolated and the remaining portion of a tract of 236'/
acres ...conveyed in DB 125 P 153, after several off -
conveyances from the said tract listed and described in
... in DB 324 P 96.... The said 11.215 acres shown on the
said ...plat is composed of three parcels, namely, (1) a
parcel of 1-17/20 acres (less a strip of 0.22 acres at the
south end thereof... in DB 323 P 538: (2) a parcel of 0.71
acres lying immediately north of the said 1-17/20 acre
parcel,... and (3) the parcel conveyed in this deed, that is,
a parcel of 8.875 acres, being an original parcel of 9.035
acres less a strip of 0.16 acres at the south end thereof
As noted above, the remaining portion of the
initial 236.5-acre tract is the 8.875 acres. That
measurement may not be consistent with the
survey of the 236.5-acre tract in DB 125 P 153.
Regardless, the survey of the remaining
portions of the two tracts of land (143 ac. and
236.5 ac.) is identified below in the
commentary for DB 3681 P 66.
After December 10, 1980
Parcels 75-33, -34, -35, -38, -45A, and -45
Deed
Date
e
Parcel Change
Description
sp
Acres
es
Development
Book/Pa e
Y or N
Rights
3346 / 474
12/29/2006
N
Quitclaim Deed for 0.17 acres described
TMPs
as follows:
75-33
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LOD-2021-00014
Page 9 of 10
...All those certain tracts or parcels of
5.0
2
land ... know by current tax map parcel
numbers as Tax Map 75, Parcels 33, 34,
75-34
35, 38, 45, 45A, and 48, consisting in the
5.0
2
aggregate 226.35 acres, more or less,
shown on boundary survey ... a copy of
which is attached hereto ... LESS AND
75-35
4
EXCEPT a 0.17 acre overlap shown on
9.11
the Survey which overlap acreage is
being quitclaimed to the Grantees herein.
75-38
1
0.70
This tract, described as
226.35 acres, is the aggregate
75-45A
2
of seven parcels (5 ac., 5 ac.,
5.21
9.11 ac., 0.70 ac., 5.21 ac.,
121.33 ac., and 84.108 ac.) that
75-45
SEE
total 230.458 acres. The 121.33
121.33
BELOW
acres appears to be the
remaining portions of both the
75-48
THIS PARCEL
143-acre tract and the 236.5-
84.668
IS NOT PART
acre tract described in DB 324
OF THIS LOD
P 96.
3681 / 066
01/20/2009
N
Recordation of a subdivision plat creates
Lot 1
three parcels from Parcel 45 and includes
13.57
2
a boundary line adjustment to Parcel 45
(Parcel 45B)
and 45A. The plat assigned the
development rights
Lot 2
39.91
2
The 61.02 acres consists of the
(Parcel 45C)
residues of the 143-acre tract
and the 236.5-acre tract. The
plat does not identify the
remaining portions of the 143-
(Parcel 45)
acre tract and the 236.5-acre
Residue
tract. This determination has
61.02
identified (a) an approximately
=
11+/- acre residue parcel of the
50+1 acres
1
236.5-acre parcel (after all the
divisions before 12/1011980),
11+1 acres
5
and (b) an approximately 50+/-
acre residue of the 143-acre
tract. The 11+/- acre portion
can be deduced by noting the
location of the six or more
parts that have been divided
from the 236.5-acre tract. With
no apparent intention to
combine the remaining two
tracts legally, the 11+/- acre
and 50+/- acre tracts are
separate parcels of record with
the noted development rights.
Parcel 45 was 5.05 acres, with
Revised
4.66 acres added, totaling 9.71
Parcel 45A
2
acres. The original 5.05 acres
9.71
In 5.05 ac.
has two development rights.
December 17, 2021
LOD-2021-00014
Page 10 of 10
Based on these deeds:
• Parcel ID 07500-00-00-03300 is determined to be one (1) parcel of record, comprised of
approximately 5.00 acres''-, containing two (2) development rights,
• Parcel ID 07500-00-00-03400 is determined to be one (1) parcel of record, comprised of
approximately 5.00 acres''-, containing two (2) development rights,
• Parcel ID 07500-00-00-03500 is determined to be one (1) parcel of record, comprised of
approximately 9.11 acres''-, containing four (4) development rights,
• Parcel ID 07500-00-00-03800 is determined to be one (1) parcel of record, comprised of
approximately 0.70 acres''-, containing one (1) development right,
• Parcel ID 07500-00-00-045AO is determined to be one (1) parcel of record, comprised of
approximately 9.71 acres''-, containing two (2) development rights within the original 5.05
acres,
• Parcel ID 07500-00-00-045BO is determined to be one (1) parcel of record, comprised of
approximately 13.57 acres''', containing two (2) development rights,
• Parcel ID 07500-00-00-045CO is determined to be one (1) parcel of record, comprised of
approximately 39.91 acres''', containing two (2) development rights, and
• Parcel ID 07500-00-00-04500 is determined to be two (2) parcels of record, comprised of:
0 approximately 11.0 acres''-, containing five (5) development rights, and
0 50.02 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
containing less than twenty-one acres allowed to be created by right.
You may have a right to appeal this determination within thirty (30) days of this notice, in accordance with
Virginia Code § 15.2-2311. This determination shall be final and unappealable if not appealed within 30
days.
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 6 18-34.3, along with a fee of $295.36. This
fee includes the $284 application fee and the 4% Technology surcharge of $11.36. Additionally, a separate
fee of $448 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
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