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Home My WebLink AboutLOD200900022 Letter of Determination 2010-01-27COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 27, 2010 Carter Montague 500 Westfield Road Charlottesville VA 22901 RE: LOD2009-00022 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 94, Parcel 37 (Property of KENNETH R OR BARBARA E MCALPINE) Rivanna Magisterial District Dear Mr. Montague: 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 94, Parcel 37 is a combination of two (2) parcels of record with a total of eight (8) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 94 Parcel 37 contains 39.457 acres and zero (0) dwellings. The property is not in an Agricultural and Forestal District. The most recent deed for this property, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 537, page 548 and is dated September 20, 1973. Deed Book/ Pae Date Parcel Change Y or N Description Acres Original 65 acre parcel 82/166 4/20/1883 Created pircel Created 65ac 65 144/159 12/5/1910 N Transferred 65.08ac 65.08 172/226 11/10/1919 N Transferred 65.08ac 65.08 207/125 11/29/1929 N Transferred 65.08ac 65.08 427/294 4/10/1967 Y Transferred 12.02 acres to the Commonwealth of VA for Interstate 64 right of way. 53.06 Original 22 acre parcel 189/596 5/14/1925 Created parcel -22 362/468 10/1/1960 N 22 434/29 8/3/1967 Y Transferred .297 acres to the Commonwealth of VA for Interstate 64 right of way. 21.97 January 27, 2010 LOD-2009-00022 Page 2 of 3 From this point forward the transfers were the same Deed Books and Pages for both parcels 537/548 9/20/1973 Y Created 14.18ac from portions of 81-11 Unspecified acreage as described in DB 207 P125 and 94-37 remained with as described in DB 189 P596. The original 65ac and amount from each parcel was not 22ac. described. 1454/259 1/31/1995 Y Recoded a plat that transferred a 70.523 31.86ac parcel, and combined the 19.523ac of 94-37 with a 51 ac portion of 81-11. 1777/338 12/31/1998 N Transferred multiple parcels including 39 acres from those described in DB 189/596 and original 65ac. 21.97 144/159 from DB 189/596 but plat recorded with DB 1454/259 notes 19.523ac 1816/735 5/21/1999 Y Created 10.7ac (now TMP 94-3713) 59.681 dedicated 0.142ac to public ROW leaving a 59.681ac residue. 2056/153 7/18/2001 Y Created 21.022ac (now TMP 81-17A) 39.457 from 60.479ac leaving a 39.457ac residue. 3546/392 1/29/2008 N 39.457ac 39.457 Tax Map 94, Parcel 37 is made up of two (2) parcels of record, originally a 22 acre parcel, later to be shown as 19.523 acres and a 51.00 acre parcel that consisted of portions of two (2) different parcels. The 51.00 acres was comprised of approximately a 12.7 acre portion of TMP 81-11 and approximately a 39 acre portion of what was the remaining portion of a 65.08 acre parcel. That 39 acre parcel was determined in 1994 by the Zoning Administrator to be a parcel of record. On December 10, 1980 each of these parcels, the 19.523 acres and the 39 acres, would have been assigned five (5) development rights. In January of 1995 the 51.00 acre parcel and the 19.523 acre parcel were combined to create a 70.523 acre parcel. This combination failed to note the parcel determination, noted above, that was completed in 1994. In May of 1999 two (2) development rights were assigned to a new 10.7 acre parcel (now TMP 94-37B) that was divided from the 70.523 acres leaving 59.681 acres per the plat by Thomas B Lincoln Land Surveyor Inc. dated 1/29/99. At the time that the 10.7 acre parcel was divided from the 70.523 acres the plat again failed to note the parcel determination, noted above, that was completed in 1994. It has been estimated that this 10.7 acre parcel contains approximately a 4.3 acre portion of the 19.523 acre parcel and approximately a 6.4 acre portion of the 51.00 acre parcel. The 10.7 acres does have two (2) development rights and it can be determined that the two (2) development rights were originally part of the portion that was identified above as the 19.523 acre parcel, thus leaving the approximate 15.2 acre portion (19.523 - 4.3) with three (3) development rights. In July of 2001 zero (0) development rights were assigned to a new 21.022 acre parcel (now TMP 81-17A) that was divided from the 60.479 acres (formerly 59.681 acres) leaving a 39.457 acres parcel with the remaining development rights. By an January 27, 2010 LOD-2009-00022 Page 3 of 3 approximate calculation there would be 15.2 acres remaining from the 19.523 acre parcel and 20.7 acres remaining from the 51.00 acre parcel. On the basis of these deeds Tax Map 94, Parcel 37 is determined to be a 39.457 acre parcel that contains a total of eight (o) development rights. The parcel is a combination of approximately 3.6 acres and two (2) parcels of record of approximately 15.2+/- acres that has three (3) development rights, and approximately 20.7+/- acres that has five (5) development rights. MAP ACRES DEVLOPMENT RIGHTS A 15.2 +/- acres approximate three 3 develo ment rights B 20.7 +1- acres approximate five 5 development rights C 3.6 +/- acres approximate zero 0 development rights 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 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 days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal,'this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, G Francis H. 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