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Home My WebLink AboutLOD201100005 Letter of Determination 2011-08-04COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 3, 2011 Mr. Brian S. Ray, LS c/o Roger K Ray & Associates, Inc. 1717-1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 121, Parcels 51, 52 and 54 (Property of Meadow Farm. LLC) Scottsville Magisterial District Dear Brian: 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 121, Parcels 51, 52 and 54 contain five parcels of record with theoretical development rights as outlined in the table below. The basis for this determination follows the table. Tax Map -Parcel, Lot Acreage Development Rights Tax Map 121, Parcel 51 5 acres 2 Tax Map 121, Parcel 52 10 acres 5 Tax Map 121, Parcel 54 (1) 3-3/4 acres 1 Tax Map 121, Parcel 54 2 13-1/8 acres 5 Tax Map 121, Parcel 54 3 5 acres 2 Totals 36-7/8 acres 15 Our records indicate Tax Map 121, Parcel 51 contains five (5) acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3806, page 68. Our records indicate Tax Map 121, Parcel 52 contains ten (10) acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3806, page 68. Our records indicate Tax Map 121, Parcel 54 contains 22.13 acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3806, page 68. 120-51, 52 and 54 LOD2011-005 Meadow Farm Page 2 Letter of Determination Meadow Farm LLC August 3, 2011 This analysis begins with the most recent instrument for parcels 51 and 52 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, recorded in Deed Book 385, page 483, and dated January 25, 1963. The deed conveyed ten (10) acres known as Tax Map 121, Parcel 52 and five (5) acres known as Tax Map 121, Parcel 51 to Margaret R. Van Clief. Based on this deed, Tax Map 121, Parcel 51 is determined to be a parcel of record with two (2) theoretical development rights and Tax Map 121, Parcel 52 is determined to be a parcel of record with five (5) theoretical development rights. The most recent instrument for parcel 54 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 352, page 592, and is dated August 1, 1959. The deed conveyed three tracts of land, known as Tax Map 121, Parcel 54 and consisting of: Lot No. 1 of 3-3/4 acres; Lot No. 2 of 13-1/8 acres, and; Lot No. 3 of 5 acres to Daniel G. Van Clief. Based on this deed, Tax Map 121, Parcel 54 is determined to be three parcels of record with one (1), five (5) and two (2) theoretical development rights as outlined in the table above. Will Book 65, page 663, dated June 26, 1987, conveyed all real property owned by Daniel G. Van Clief to Margaret R. Van Clief. The property includes the three lots in Tax Map 121, Parcel 54 as was conveyed by Deed Book 352, page 592. This transaction had no effect on the parcel 54. Will Book 71, page 593, dated January 18, 1991, conveyed all of the real property owned by Margaret R. Van_ Clief to The Margaret R. Van Clief Revocable Trust. This transaction had no effect on the parcels. Deed Book 3501, page 207, dated March 19, 2007, conveyed from The Margaret R. Van Clief Revocable Trust to her four sons, partial interest in the real estate tracts held by the Trust. The property is described as being the same as was conveyed by Deed Book 385, page 483 and by Deed Book 352, page 592. This transaction had no effect on the parcels. Deed Book 3669, page 291, dated December 2, 2008, conveyed partial interest in the acreage to the Van Clief grandchildren. The property is described as being the same as was conveyed by Deed Book 3501, page 207. This transaction had no effect on the parcels. Deed Book 3733, page 7, dated March 9, 2009, conveyed a fractional interest in the acreage to Margaret Dow Van Clief, a grandchild of Margaret R. Van Clief. The property is described as being the same as was conveyed by Deed Book 3669, page 291. This transaction had no effect on the parcels. Deed Book 3806, page 68, dated October 6, 2009, conveyed all interests in the acreage to Meadow Farm LLC. The property is described as being the same as was conveyed by Deed Book 3669, page 291 and by Deed Book 3733, page 7. This. transaction had no effect on the parcels. 120-51, 52 and 54 LOD2011-005 Meadow Farm 2 Page 3 Letter of Determination Meadow Farm LLC August 3, 2011 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. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. If you have any questions, please contact me. Sincerely, 9V �" r Ni Ronald L. Higgins, AICP Chief of Zoning/Deputy Zoning Administrator Copy: Meadow Farm, LLC Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors 120-51, 52 and 54 LOD2011-005 Meadow Farm 3 111 112 113 `i 20 Tc ' 112-30G i 627 ✓' / ' O r M N l X,77 / 0 p. — --L.1 I �+ 9� \� ��j �6, 1✓ 712 e i — ...` ..\ For, \rte s\ 6 ��P / Cryo 9 � ' \ " 82A3 51 8 \\ ;.I •ten 82 N ^y 4A182A54 \yam M \.6" _h X77 fQ M h 6 - �(p�Cp�(Q �� P�'3j _ 1j QJ 8 o 714 `bry S 2 N o <�e3 8 2Gt /.le \ /25 Co p,. N N 27H � 25A 2�' Q`� `.\�ry��O y' ri. N N m�iC/` Wig,i,✓ go 1 \,,��\ �; NQ00 • N CP JJI 2P ' 42 w 65 42B p 42D G 20` v X22_ 121-16A Co 44 _ i..-..•;�..:—•. W 704 6 •1 / ,�� O)i LO 116E Sy �� i sa\�, 6g \' -.� �pO .� N 0. 70D 58 f,LL LN\ p5�`56 /' �� taE 713 129-2A 0 i \ 129-5 ,N 121-65�",� 6 _ -T \ -4 ' 129 130 Albemarle County Tax Map: / 0 600 1,600 2,400 d°G HS. L Feel Note: This map is for display purposes only •� y��' and shows parcels as of 121312010.- :,,,. See Map Book Introduction for additional details.