HomeMy WebLinkAboutLOD200900018 Letter of Determination 2010-01-27A
r'IRGINZP
- - COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 10, 2009
Lee Rasmussen
McCallum & Kudravetz, P.C.
250 E. High Street
Charlottesville VA 22902
RE: LOD-2009-00018 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -
Tax Map 113, Parcel 6A (Property of VIEWMONT FARM LAND TRUST) Scottsville
Magisterial District
Dear Mr. Rasmussen:
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 Tax Map 113, Parcel 6A is comprised of all or portions of seven (7) parcels of
record, and the development rights are outlined further in the table near the end of the
letter. The basis for this determination follows.
Our records indicate Tax Map 113, Parcel 6A contains 354.44 acres and one (1)
dwellings. The property is in the Carter's Bridge 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 559, page 330 and is
dated June 12, 1974.
Deed Book and Page numbers listed in bold refers to the creation of the parcel or the
applicable Deed Book when the parcel is listed with other parcels in the Description
nnlumn
Deed
Date
Parcel Change
Description
Acres
Development Rights
Book / Pae
Y or N
301/243
07/10/1952
Parcel created
20ac more or less
20
559/330
06/12/1974
N
819.92ac. consisting of land
"
conveyed in DB 266/7(763ac),
323/587, 365/19 (40ac & 20ac) &
456/455 (40ac), & 301/243 (20ac).
Listed as Tax Map 113 Parcel 6A
872/272
03/27/1986
N
819.92ac. (composed of 31.04ac
5
and 788.88ac). no specific area
noted for the 20ac. Listed as Tax
Map 113 Parcel 6A
2029/255
01/08/2001
N
No specific area noted for the 20ac.
5
Listed as 820.087ac as shown on
survey consisting of multiple parcels
including Tax Map 113 Parcel 6A
December 10, 2009
LOD-2009-00018
Page 2 of 2
27127325 03/22/2004
- - N
J
3154/87 02/02/2006
N
1
5
3545/85 10/22/2007
Y 354.44ac
354.44
5 with 17.21 ac. This
E
Unknown
portion of the 17.8ac in LOD-09-17
plat adjusted the lines
Unknown
portion of the 38ac 4 division in LOD-09-17
G
so that portions of 7
portion of the 38ac 3` division in LOD-09-17
H
Unknown
different parcels of
record now make up
this 354.44ac tax
parcel. See below for_
further explanation.
On the basis of these deeds, Tax Map 113, Parcel 6A is determined to be a 354.44
acre parcel comprised of all or portions of seven (7) parcels of record as determined
above and by LOD-2009-00017. Two (2) of the seven (7) parcels (MAP id J & 1) can be
determined to each have five (5) development rights. Each of the other five (5)
parcels described in LOD-2009-00017 have five (5) development rights. Each of those
five (5) parcels of record (MAP id D, E, F, G, & H) is now part of both Parcel 6A and
Parcel 20 (LOD-2009-00017) and the acreage of each within Parcel 6A and Parcel 20 is
unknown thus it is not possible for the County to assign or even speculate as to the
number of development rights in those portions with this letter. Development rights
would need to be properly assigned with any future division of Parcels 6A and 20.
MAP
ACRES
J
17.21 acres
five 5 development rights
1
25 acres
five 5 development rights as determined by LOD-09-17
D
Unknown
portion of the 17.8ac in LOD-09-17
E
Unknown
portion of the 17.8ac in LOD-09-17
F
Unknown
portion of the 38ac 4 division in LOD-09-17
G
Unknown
portion of the 38ac 3` division in LOD-09-17
H
Unknown
portion of the 370ac in LOD-09-17
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 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,
- � C
rancis H. MacCall
Senior Planner
Copy: Cheri Roberts, Property Transaction Technician
Ella Jordan, Clerk of the Board of Supervisors