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Home My WebLink AboutLOD202100016 Letter of Determination 2021-12-17�.i OF AL8 County of Albemarle m COMMUNITY DEVELOPMENT DEPARTMENT December 17, 2021 David Sexton Lincoln Land Surveying 632 Berkmar Circle Charlottesville VA 22901 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434- 29 6 - 5 832 WWW.ALBEMARLE.ORG RE: LOD2021-00016 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 10900-00-00-01300 (Property of CECELIA E WILLIAMS), Samuel Miller Magisterial District Dear Mr. Sexton: 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 10900-00-00-01300 consists of six parcels of record: four parcels with one (1) theoretical development right each and two parcels with five (5) theoretical development rights each. The basis for this determination follows. Albemarle County Real Estate Assessment records indicate that Parcel ID 10900-00-00-01300 is 29.968 acres with no dwellings. The property is zoned Rural Areas (RA). The most recent deed for Parcel ID 10900-00-00-01300, recorded before the December 10, 1980 adoption of the Zoning Ordinance, is found in Deed Book 452, page 402, dated December 11, 1968. Before December 10, 1980 Deed Date Parcel Change Description Acres Book/Page Y or N 81 / 263 11/13/1882 Y ...a certain lot or parcel of land ...containing one & one- fourth acres: Beginning at... 1.25 86 / 49 11/20/1883 Y ...a certain lot or parcel of land ...containing two and three 2.75 fourths acres. Beginning at... 91 / 298 12/12/1884 Y ...a certain lot or parcel of land ...containing one eighth of 0.125 acre: Beginning at... 94 / 281 10/25/1888 N ...all of that lot or parcel of land containing about 4 1/8 acres more or less ...This deed embraces all the land owned by the said Morris Estate of the VM RR and is comprised in three deeds: the first ...for one and a quarter 1.25 acre ...in DB 81 P 263: the second ...for two and three 2.75 fourths acres ...in DB 86 P 49: the third for one eighth of an 0.125 acre ... by and bearing date December 12 1884... 118 / 67 05/21/1900 Y ...that certain tract or parcel of land ...containing Fifteen 15.9 and Nine Tenths (15-9/10) acres as per plat and survey ... hereto attached as a part hereof ... being a part of the tract of land conveyed ...in DB 114 P 489... 119 / 63 08/23/1900 Y ... a certain lot of land near Covesville ... being a part of the No tract on which said Frank Clark resides lying East of this acreage is Southern Rail Road and bounded as follows: Beginning at noted in . the deed. This parcel is stated as being 1.00 acre, more or less in DB 452, P 402. 122 / 155 07/16/1901 N ...to all of said tracts or parcels of land 3rd ...the said 15-9/10ths acres fully described in ...DB 118 15.9 P 67. December 17, 2021 LOD-2021-00016 Page 2 of 3 140 / 201 07/17/1909 Y ... a certain tract or parcel of land, ...hereby conveyed is bounded as follows; Beginning at ...containing 15 acres, more or less, it being a part of the same land ... in DB 139 P 9. 15.0 452 / 402 12/11/1968 N ...all that certain tract or parcel of land ...containing 35 acres, more or less, composed of four parcels as follows: 1. A tract containing 4-1/8 acres, more or less 4.125 ...conveyed ...in DB 94 P 281, ... 2. A small tract of one acre, more or less, ...conveyed 1.00 ... in DB 119 P 63. 3. A tract of 15.9 acres, ...described by reference to a 15.9 survey and plat ... in DB 118 P 67 ... and 122 P 155, 4. A tract containing 15 acres, more or less, 15.00 ...conveyed ...in DB 140 P 201.... The 4.125-acre tract is made up of three separate 1.25 parcels of land outlined above in DB 94, P 281 (1.25 2.75 ac., 2.75 ac., 0.125 ac.) 0.125 684 / 664 11/01/1979 N Quitclaim on certain portions of land. No effect on lots of record. After December 10, 1980 Deed Book/Page Date Parcel Change Y or N Description Acres Development Rights 1464/119 01/20/1995 N ...All that certain lot or parcel of land 29.968 situated in Albemarle County, Virginia, 29.968 acres, as described on a boundary survey ...attached hereto and recorded herewith. Being the same property conveyed ... in DB 452 P 402. Even though the property was transferred as a 29.968-acre tract in DB 1464, 1.25 1 P 119, there is no evidence that the parcels were legally combined before 12/10/1980. Thus, each parcel noted to the right has the corresponding 2.75 1 development rights as each is considered a parcel of record. 0.125 1 Only one parcel (the 15.9-acre parcel) has a plat. That parcel can be identified within the 29.968 acres, with an approximate location shown on the 1.00 1 attached MAP. It is unclear where the remaining parcels are located within the 29.968 acres. Any proposal to build on these parcels would require a 15.9 5 new recorded survey to locate the parcels accurately and any structure that may be permitted with a building permit. 15.00 5 It appears that the steep slopes (slopes of 25% or more), as shown on the attachment titled "Albemarle GIS Topo 2021," may limit potential development as noted below regarding the theoretical nature of development rights. The three parcels of less than two acres are nonconforming lots under Section 6 of Chapter 18 of the Albemarle County Code. Please note that the total size of the six parcels described in the above deeds before 12/10/1980 is 36.025 acres. However, as of March 17, 1995, the survey with DB 1464, P 119 shows the entire property as being 29.968 acres, a disparity of 6.057 acres. As most parcels were referenced as being a certain size "more or less," the disparity in the acreage is not uncommon. This is why new surveys of the noted parcels will be required if there is a proposal to develop any of them with a dwelling. December 17, 2021 LOD-2021-00016 Page 3 of 3 Based on these deeds: Parcel ID 10900-00-00-01300 is determined to be six (6) parcels of record, comprised of 1. approximately 1.25 acres'-, containing one (1) development right, 2. approximately 2.75 acres'-, containing one (1) development right, 3. approximately 0.125 acres'-, containing one (1) development right, 4. approximately 1.00 acres''-, containing one (1) development right, 5. approximately 15.90 acres'-, containing five (5) development rights, and 6. approximately 15.00 acres'-, containing five (5) development rights. The parcels are entitled to the noted development rights if all applicable regulations are 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 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 § 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 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 filing an appeal to the Board of Zoning Appeals are 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, don't hesitate to contact me. Sincerely, Francis H. MacCall Chief of Zoning, Deputy Zoning Administrator Attachment: Copy of MAP delineating parcel(s) of record and development rights. Albemarle GIS Topo 2021 MAP for LOD2021-00016 TMP 109-13 S08'20'2! 94.29' L4 N26-40-20-E 22.23' L5 N63'19'40-M 114.13' L6 N12'59'150E 182.17' L7 S70.19'120E 1 111.84' L8 N20.29'47'E 1 93.88' Lf0 Nf8'49'f!'E 177.87' L11 N74'S8'f7'M 95.73' After the survey of this property in 1999 the total area shows 29.968 acres. The k1ok determination identifies multiple parcels 398_6PQA of record. One of them, the 15.9 acre parcel, can be identified with a survey and a description that clearly identify where is exist within the bounds of the 44 29.968 acres. The depiction on this map 108 is an approximated location It is unclear as to where the five (5) remaining parcels lie within the 29.968 acres. Future requests for development with building permits of any of the six(6) parcels will need new surveys to be completed and recorded. FRO% POINT 'A' TO POINT 'B' PROPERTY LINE FOLLOWS CENTERLINE OF STREAM. S85' 36' 48'K 14.10' S69' 55' 40'K 20.08' N61. 17' 19'K 102.64' N76' 01' 32'K 33.25' N55' 17' 04'K 20.51' N88' 24' 23"W 32.96' N48' 49' 01-K 33.63' N04' 17' Sf'E 42.12' IR04 SET ON LIN? N67- 09' 46-N - 11.09' FROM POINT 'A'. IRO`! SET 04 LINE N46' 31' 13'E - 10.00' FROM POINT 'B'. SALE: T �y 108 pAR 30 —x , These are the areas of the remaining portions of the property that consist of approximately 15+/- acres and four other parcels of record; 1.25 acres, 2.75 acres, 0.125 acres, and 1.00 acres. 1.25 ac 1 DR 2.75ac 1 DR TM 0.125ac 1 DR 108 T 1 00ac 1 DR 1 TM 10g PAR 14 1 TM 109 PAR 1S r I BOUNDARY SURVEY SHOWING PARCEL 13 AS SHOWN ON SHEET 109 COUNTY TAX MAPS ALBEMARLE COUNTY. YIRGINIA Approximate location of th 15.9+/- acres - SDRs TM 109 PAR 16 JANUARY 17. AUBREY HUFFMAN ASSOCIATES, CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING CHAR..OTTESVILLE. YIRGINIA TH 109 PAR 22 PIPE NTV.3/RB_ FB 3G1 DISK T-100 Albemarle GIS Topo 2021 io8-zaa r 9az'ft �r �b: \ °g;�7 oa6 gb.,er• �, o,fc Legend IN (more -some Hems on map may notappear In pyene) Overlays ■ Water Protection Ortlinance Buffers Parcel Info bOFt �., // °� ♦O1�1� w0 b0 V ❑ Parcels Elevation � 108-28B 0 O' 76. tali pf � Y2018 Elevation Contours 'i C• \ v; q1 — v2018 Elevation Contours (100 fl) n �s '108-z8C n. "' 'Ifl/� ��/��°� I� o °'v — v2018 Elevation cnntnu s (eo e) I �. o �• 1164 ft .. o � �ti —V2018 Elevation Conburs (40%) — V2018 Elevation Conburs (20%) 18-27P � Ol{ �r� ��»>)))>>> �, ►i I/l �a• � �. FI6 ,225 a c p�j 'of o�(�� fI 4 7 t —Y2018 Elevation Contofl) urs l II/1//// o� p 99 f zoning Info if22y� 9 Flood Haboand Overay (100 Year Flo 4.ft �7b2'P6.ft { steep Slopes Overlay Critical es Slo 1^b ^alp /mil ft8�1 P�!Ir t" r?f )' Steep Slopes - Ma Q 4 a. Steep Slopes - Presented 08 erve '1�.' 108-3. �, o� .o yr �` 60:ft��---�`T �o• IC- " �'�' � p�_ rift 108-33—ozl)' \ �f\ 6�\` 9:20:ft Of �FI\989.F`it rt ✓ � � � � pop,` Jp r 880: ft b0• . ,p0 1p'L .ft� w,V'Y �.�. N ft q, be qi O r>v J� 856.lot �p gAf. b ;�/ Ito / w AAA 774g �g 880.f[� )I '7 �I N G r �I U 9-�� Gl O ////� ,�-- o � , a 376 ft ,,�ft��'�5,tia• ,348 �—',��__ GIs -web 108-35 ,ryj'r' /� �•j;E1' �.� yn\� 3 I' Geographic Dam Services 106A ft 1.088 ft ^? t,3�44 f ,:icy'LE� i f84 �1�rgi h w.: gls (43M 2WM32 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 Me design, modification, or construction of Improvements to real Property or for flood plain tlererminarion. December 0, 2021 Map elements may scale larger than GIS data measured in the map or as Dmvided on the data tlownload page due to the Projection used. Map Projection: WGS80 Web Mercator (Nuuliary Sphere) (EPSG 3857)