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Home My WebLink AboutLOD201400010 Letter of Determination 2014-10-28COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 28, 2014 Lindsay H. Kidd 100 Wildflower Drive Charlottesville, VA 22911 RE: LOD2014-00010 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 115, Parcel 27A (Property of ELISE K LONDEREE, ESTATE) Scottsville Magisterial District Dear Ms. Kidd: 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 Tax Map 115, Parcel 27A is comprised of eight (8) parcels of record, with twelve (12) theoretical development rights in the aggregate. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 115 Parcel 27A contains 40.88 acres and two (2) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Tax Map 115 Parcel 27A, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 702, page 580 dated October 1, 1980. PRIOR TO DECEMBER 10, 1980 TMP 115-27A — 24.13ac Deed Date Parcel Change Description Acres Book / Pae Y or N 278 / 23 03/13/1948 Y A certain tract or parcel of land, containing twenty-four and 24.50 one-half acres, being a portion of the same property conveyed acres in DB 266 P 520, reference to said deed is here made for a more particular description of the property hereby conveyed, beginning.... The property conveyed in DB 266 P 520 was an 841/2 acre parcel. 307/589 11/03/1953 N A certain tract or parcel of land, containing 24 %2 acres, being a 24.50 portion of the same property conveyed in DB 266 P 520, acres reference to said deed is here made for a more particular description of the property hereby conveyed, beginning... being the same property conveyed in DB 278 p 23. 316/513 06/02/1955 N A deed of correction revising a property line between the 241/2 acres and a 60 acre tract to the south and shown on a plat 24.13 made by Carroll Gillispie, CLS, SBC, dated March, 1955, acres showing and describing a new 24.13 acre parcel. October 28, 2014 LOD-2014-00010 Page 2 of 6 317/328 06/20/1955 N All that certain tract or parcel of land, containing 24.13 acres according to a plat made by Carroll Gillispie, CLS, SBC, dated March, 1955, and recorded in D.B 316, p. 514 24.13 acres 687/211 12/28/1979 N The attached plat, and courses and distances description made 500/320 01/06/1972 Y of the lands of Thomas S. and Elsie K. Londeree 24.13 PARCEL "A" 24.13A+/- Copied & Surveyed 5-4-78 & 7-6-76 acres Plat Revised 11-26-79 by Carroll Gillispie, C.L.S. acres 702/580 10/01/1980 N All that certain tract or parcel of land, containing 40.88 acres, 514/78 09/07/1972 N more or less, as shown on a composite plat made by Carroll 3.60 Gillispie, C.L.S., dated December 28, 1979 of record in the 24.13 687/211 12/28/1979 N Clerk's Office of the Circuit Court in D.B. 687, page 211, acres composed of the following contiguous parcels viz: 1. A tract of 3.60 687/211 '12/28/1979 N 24.13 acres fully described by plat..., in D.B. 316, page 514, acres bein the same property conveyed in D.B 317, page 328. 2.60 PRIOR TO DECEMBER 10, 1980 TMP 115-27A — (3.60ac) Deed Date Parcel Change Description Acres Book / Pae Y or N 500/320 01/06/1972 Y All that certain parcel of land containing 3.60 acres, as shown on a plat of Warren F. Wade, C.L.S., dated December 3, 1970. 3.60 This is a portion of the 6.92 acres conveyed to the Grantor. acres 501/311 01/31/1972 N All that certain parcel of land, shown as containing 3.60 acres, 514/78 09/07/1972 N on a plat of Warren F. Wade, C.L.S., dated December 3, 1970, 3.60 which plat is attached to in D.B. 500, page 320 acres 687/211 12/28/1979 N The attached plat, and courses and distances description made acres of the lands of Thomas S. and Elsie K. Londeree 3.60 687/211 '12/28/1979 N PARCEL "B" 3.60A+/- Copied & Surveyed 5-4-78 & 7-6-76 Plat acres Revised 11-26-79 by Carroll Gillispie, C.L.S. 2.60 702/580 10/01/1980 N All that certain tract or parcel of land, containing 40.88 acres, acres more or less, as shown on a composite plat made by Carroll Gillispie, C.L.S., dated December 28, 1979 of record in the 3.60 Clerk's Office of the Circuit Court in D.B. 687, page 211, acres composed of the following contiguous parcels viz: 2. A tract of 3.60 acres fully described by plat..., in D.B. 500, page 321, being the same property conveyed in D.B 501, page 311. PRIOR TO DECEMBER 10, 1980 TMP 115-27A — (2.60ac) Deed Date Parcel Change Description Acres Book / Pae Y or N . 324/207 05/12/1956 Y That certain tract or parcel of land, containing 2.60 acres, being the parcel designated as Lot No. 1 on plat of Carroll 2.60 Gillispie, C.L.S, S.B.G., dated March 17, 1956, which said acres plat is attached to this deed. 514/78 09/07/1972 N All that certain tract or parcel of land, containing 2.60 acres, and being shown as Lot No. 1 on a plat of Carroll Gillispie, 2.60 C.L.S., dated March 17, 1956 and of record in the Clerk's acres Office of the Circuit Court in D.B. 324, page 207. 687/211 '12/28/1979 N The attached plat, and courses and distances description made of the lands of Thomas S. and Elsie K. Londeree 2.60 PARCEL "C" 2.60A+/- Copied & Surveyed 5-4-78 & 7-6-76 acres Plat Revised 11-26-79 by Carroll Gillispie, C.L.S. October 28, 2014 LOD-2014-00010 Page 3 of 6 702/580 10/01/1980 N All that certain tract or parcel of land, containing 40.88 Acres Book/ Pae 06/30/1972 Y or N acres, more or less, as shown on a composite plat made by 500/320 01/06/1972 Y Carroll Gillispie, C.L.S., dated December 28, 1979 of record 2.60 in the Clerk's Office of the Circuit Court in D.B. 687, page acres 211, composed of the following contiguous parcels viz: 4. A = tract of 2.60 acres fully described as Lot 1 on a plat..., in 3.32 acres D.B. 324, page 207, being the same property conveyed in 513/05 09/12/1972 N D.13 514, page 78. PRIOR TO DECEMBER 10, 1980 TMP 115-27A — (3.32ac) Deed Date Parcel Change Description Acres Book/ Pae 06/30/1972 Y or N All that certain lot or parcel of land, comprising of seven 500/320 01/06/1972 Y All that certain parcel of land containing 3.60 acres, as 1.63 acres shown on a plat of Warren F. Wade, C.L.S., dated 6.92-3.60 December 3, 1970. This is a portion of the 6.92 acres = conveyed to the Grantor. 3.32 acres This leaves 3.32 acres after conveyance off of 3.60 acres. 513/05 09/12/1972 N All that certain parcel of land containing 3.32 acres, being the balance of 6.92 acres after conveyance off of 3.60 3.32 acres acres as shown on a plat of Warren F. Wade, C.L.S. in D.B 500, page 321 687/211 12/28/1979 N The attached plat, and courses and distances description made of the lands of Thomas S. and Elsie K. Londeree 3.32 acres PARCEL "D" 3.32A+/- Copied & Surveyed 5-4-78 & 7-6- 76 Plat Revised 11-28-79 by Carroll Gillispie, C.L.S. 702/580 10/01/1980 N All that certain tract or parcel of land, containing 40.88 acres, more or less, as shown on a composite plat made by Carroll Gillispie, C.L.S., dated December 28, 1979 of 3.32 acres record in the Clerk's Office of the Circuit Court in D.B. 687, page 211, composed of the following contiguous parcels viz: 5. A tract of 3.32 acres, being the remainder of 6.92 acres as shown fully described as Lot 1 on a plat..., in D.B. 324, page 207, being the same property conveyed in D.13 514, page 78. PRIOR TO DECEMBER 10, 1980 TMP 115-27A — (1.63ac) Deed Book / Pae Date Parcel Change Y or N Description Acres 509/378 06/30/1972 Y All that certain lot or parcel of land, comprising of seven and twenty three hundredths acres (7.23) more 1.63 acres particularly described as Lots 1, 2, 3 and 5 on a plat made of the by Warren F. Wade, C.L.S., dated April 3, 1972. 7.23 acres Attached plat Shows Lot 1 -1.63 acres, Lot 2 - 1.03 acres, Lot 3 - 1.04 acres , Lot 5 - 3.53 acres 687/211 12/28/1979 N The attached plat, and courses and distances description made of the lands of Thomas S. and Elsie K. Londeree 7.23 acres PARCEL "E" 7.23A+/- desc as Lots 1, 2, 3, & 5 Copied & Surveyed 5-4-78 & 7-6-76 Plat Revised 11-28-79 by Carroll Gillispie, C.L.S. October 28, 2014 LOD-2014-00010 Page 4 of 6 702/580 10/01/1980 N All that certain tract or parcel of land, containing 40.88 Acres Book / Pae 06/30/1972 Y or N acres, more or less, as shown on a composite plat made 7.23 acres 509/378 06/30/1972 Y by Carroll Gillispie, C.L.S., dated December 28, 1979 of 1.04 acres record in the Clerk's Office of the Circuit Court in D.B. 687, 1.03 acres . page 211, composed of the following contiguous parcels of the viz: 3. A tract of 7.23 acres, fully described as Lots 1, 2, 3 7.23 acres and 5 on a plat..., in D.B. 509, page 380, being the same 687/211 12/28/1979 N property conveyed in D.B 509, page 378. PRIOR TO DECEMBER 10, 1980 TMP 115-27A – (1.03ac) Deed Date Parcel Change Description Acres Book / Pae 06/30/1972 Y or N All that certain lot or parcel of land, comprising of seven 509/378 06/30/1972 Y All that certain lot or parcel of land, comprising of seven 1.04 acres and twenty three hundredths acres (7.23) more 1.03 acres . particularly described as Lots 1, 2, 3 and 5 on a plat made of the by Warren F. Wade, C.L.S., dated April 3, 1972. 7.23 acres Attached plat shows Lot 1 - 1.63 acres, Lot 2 -1.03 acres, 687/211 12/28/1979 N Lot 3 - 1.04 acres , Lot 5 - 3.53 acres 687/211 12/28/1979 N The attached plat, and courses and distances description 7.23 acres made of the lands of Thomas S. and Elsie K. Londeree 7.23 acres PARCEL "E" 7.23A+/- desc as Lots 1, 2, 3, & 5 Copied & Surveyed 5-4-78 & 7-6-76 Plat Revised 11-28-79 by Carroll Gillispie, C.L.S. 702/580 10/01/1980 N All that certain tract or parcel of land, containing 40.88 acres, more or less, as shown on a composite plat made 7.23 acres by Carroll Gillispie, C.L.S., dated December 28, 1979 of - -- - -— --------- record -in-the Clerk's Office of the -Circuit Court in D.B. 687, — -- page 211, composed of the following contiguous parcels viz: 3. A tract of 7.23 acres, fully described as Lots 1, 2, 3 and 5 on a plat..., in D.B. 509, page 380, being the same property conveyed in D.B 509, page 378. PRIOR TO DECEMBER 10, 1980 TMP 115-27A – (1.04ac Deed Book / Pae Date Parcel Change Y or N Description Acres 509/378 06/30/1972 Y All that certain lot or parcel of land, comprising of seven and twenty three hundredths acres (7.23) more 1.04 acres particularly described as Lots 1, 2, 3 and 5 on a plat made of the by Warren F. Wade, C.L.S., dated April 3, 1972. 7.23 acres Attached plat Shows Lot 1 - 1.63 acres, Lot 2 - 1.03 acres, Lot 3 -1.04 acres , Lot 5 - 3.53 acres 687/211 12/28/1979 N The attached plat, and courses and distances description made of the lands of Thomas S. and Elsie K. Londeree 7.23 acres PARCEL "E" 7.23A+/- desc as Lots 1, 2, 3, & 5 Copied & Surveyed 5-4-78 & 7-6-76 Plat Revised 11-28-79 by Carroll Gillispie, C.L.S. October 28, 2014 LO D-2014-00010 Page 5 of 6 702/580 10/01/1980 N All that certain tract or parcel of land, containing 40.88 Acres Book / Pae Book /Pae Y or N acres, more or less, as shown on a composite plat made 7.23 acres 509/378 06/30/1972 Y by Carroll Gillispie, C.L.S., dated December 28, 1979 of NO TRANSACTIONS AFTER 12/10/1980 record in the Clerk's Office of the Circuit Court in D.B. 687, 3.53 acres THAT AFFECTED PARCELS OF RECORD page 211, composed of the following contiguous parcels of the viz: 3. A tract of 7.23 acres, fully described as Lots 1, 2, 3 7.23 acres and 5 on a plat..., in D.B. 509, page 380, being the same property conveyed in D.B 509, page 378. PRIOR TO DECEMBER 10, 1980 TMP 115-27A — (3.53ac) Deed Date Parcel Change Description Acres Book / Pae Book /Pae Y or N Y or N 509/378 06/30/1972 Y All that certain lot or parcel of land, comprising of seven NO TRANSACTIONS AFTER 12/10/1980 and twenty three hundredths acres (7.23) more 3.53 acres THAT AFFECTED PARCELS OF RECORD particularly described as Lots 1, 2, 3 and 5 on a plat made of the by Warren F. Wade, C.L.S., dated April 3, 1972. 7.23 acres Attached plat Shows Lot 1 - 1.63 acres, Lot 2 -1.03 acres, Lot 3 -1.04 acres , Lot 5 - 3.53 acres 687/211 12/28/1979 N The attached plat, and courses and distances description made of the lands of Thomas S. and Elsie K. Londeree 7.23 acres PARCEL "E" 7.23A+/- desc as Lots 1, 2, 3, & 5 Copied & Surveyed 5-4-78 & 7-6-76 Plat Revised 11-28-79 by Carroll Gillispie, C.L.S. 702/580 10/01/1980 N All that certain tract or parcel of land, containing 40.88 acres, more or less, as shown on a composite plat made 7.23 acres by Carroll Gillispie, C. L.S., dated December 28, 1979 of record in the Clerk's Office of the Circuit Court in D.B. 687, page 211, composed of the following contiguous parcels viz: 3. A tract of 7.23 acres, fully described as Lots 1, 2, 3 and 5 on a plat..., in D.B. 509, page 380, being the same property conveyed in D.B 509, page 378. AFTER DECEMBER 10, 1980 TM P 115-27A — (40.88c) Deed Date Parcel Change Description Acres Development Book /Pae Y or N Rights NO TRANSACTIONS AFTER 12/10/1980 THAT AFFECTED PARCELS OF RECORD On the basis of these deeds As of December 10, 1980, Tax Map 115, Parcel 27A is determined to be eight (8) parcels of record, One comprised of approximately 24.13 acres+1 containing 5 development rights; and One comprised of approximately 3.60 acres+'-, containing 1 development right; and One comprised of approximately 2.60 acres+'-, containing 1 development right; and One comprised of approximately 3.23 acres+'-, containing 1 development right; and October 28, 2014 LOD-2014-00010 Page 6 of 6 One comprised of approximately 1.63 acres"'-, containing 1 development right; and One comprised of approximately 1.03 acres*"-, containing 1 development right; and One comprised of approximately 1.04 acres"-, containing 1 development right; and One comprised of approximately 3.53 acres"-, containing 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. 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 § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for 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.ora/cdapps.) If you have any questions, please contact me. Sincerel Francis H. MacCall Principal Planner Attachment: Map delineating parcels of record. Copy: Sheila L. Conrad, Real Estate Tech, Real Estate Ella Jordan, Clerk of the Board of Supervisors Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 29, 2014 LOD2014-00010 Londeree 115=36 115-39 Legend ■ (Note: Some items on map may not appear in legend) 115-37 4831 —1/ o a RREs UES—ON o Ho°sPi;uE" 115-43D ®`0-1S1A"°" ® R� oEn E ®RE�REA,�R,ra�RsM -.a 115=33 4854 a �I M 4851 n 115-31E 48_64 115-31 B ,1)1 -- . ,115-32 115-27D. r . 51140 v 115-31 E1 620 4899 f 115-27A LO _ 115-48A _ , toTM: 115 49j7 115-3101 -.........4923 115-27F 115-31 --. 5080 I, 2980 _ _ 4944 c T �9�lSEN 115=29B_ " %y -A gas 115-30 4951 115'27M 4954 4959 115-29C ♦ 5065: cn .1 p U Woodridge �e ��,� 115-27E 1950 115-27E1 1982 300 ft 5005 ALBF 618 y OE GIS-Web �� Geographic Data Services 5000 618 � _��- 115-22A11 y www.albemarle.org 115-23A 115-25 MARTIN KIN G5 Ri] 115 22A 115-22B "� (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 29, 2014