HomeMy WebLinkAboutLOD200900023 Letter of Determination 2010-02-19�'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
February 19, 2010
J Walker Richmond III
Richmond & Fishburne
Queen Charlotte Square
214 East High Street
Charlottesville VA 22902-5177
RE: LOD2009-00023 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -
Tax Map 46, Parcel 92 and Tax Map 46, Parcel 93D (Property of THE GROVE HILL
LAND TRUST) Rivanna Magisterial District
Dear Mr. Richmond:
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 46, Parcel 92 is a parcel of record with five (5) theoretical development rights
and Tax Map 46, Parcel 93D is parcel of record with four (4) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 46 Parcel 92 contains 60.0858 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 579, page 274 and is
dated August 12, 1975.
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
454/183
1/27/1969
Created parcel
Conveyed 93.161 ac portion of the lands
recorded in DB376 P441
93.161
467/525
2/3/1969
N
Conveyed 93.161 ac
93.161
579/274
8/12/1975
Y
Divided parcels P (14.562ac), Q (15.017ac)
and a portion of R 6.562ac from 93.161 ac
57
791 /650
3/7/1984
N
Conveyed 57ac Described as the remaining
portion of 93.161 ac
57
799/433
5/18/1984
N
Conveyed 57ac
57
876/703
5/2/1986
Y
Conveyed with new survey of 60.4598ac
60.4598.
925 / 745
2/28/1987
Y
Corrected acreage from 60.4598 to 60.0858
60.0858
On the basis of these deeds Tax Map 46, Parcel 92 is determined to be a 60.0858
acre parcel that contains a total of five (5) development rights.
February 19, 2010
LOD-2009-00023
Page 2 of 2
Our records indicate Tax Map 46 Parcel 93D contains 55.5996 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 III Deed Book 579a g" e 339 and a
51197,page
date ugus
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
381 /479
9/5/1962
Created parcel
Conveyed 91.3ac portion of the lands
recorded in DB376 P441
91.3
458/74
5/14/1969
N
Conveyed 91.3ac
91.3
466/453
11/26/69
N
Conveyed 91.3ac
91.3
467/529
11/26/1969
N
Conveyed 91.3ac
91.3
579/339
8/15/1975
Y
Divided 12 lots (24.22ac) and dedicated
ROW (1.476ac) removing a total of
25.696ac from 91.3ac
65.604
774/123
7/25/1983
Y
Created a 10.28ac parcel w/ one (1)
development right leaving 52.8ac with four
4 development rights
52.8
791/650
3/7/1984
N
Conveyed 52.8ac
52.8
799/433
5/18/1984
N
Conveyed 52.8ac
52.8
936/605
5/1/1987
Y
New survey conveyed 55.5996
55.5996
On the basis of these deeds Tax Map 46, Parcel 93D is determined to be a 55.5996
acre parcel that contains a total of four (4) development rights.
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.
Sincer ly,�
Francis H. MacCall
Senior Planner
Copy: Cheri Roberts, Property Transaction Technician
Ella Jordan, Clerk of the Board of Supervisors