HomeMy WebLinkAboutLOD199900009 Letter of Determination 1999-06-17June 17, 1999
Linda Lloyd
C/o Fred Oesch
108 South 2nd Street NW
Charlottesville, Virginia 22902
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 126, Parcel 31 (Property of Mitchell O. Carr)
Dear Ms. Lloyd and Mr. Oesch:
The County Attorney and I have reviewed the title information you have submitted for the above -
noted property. It is my official determination supported by the County Attorney's advisory opinion,
that parcel 31 consists of three (3) separate parcels which are numbered below by dividing the
parcel from the northwest to the southeast. The acreages listed are estimates based on the current
total assessment and divided by simple visualization of the maps.
Parcel 1 — approximately 116 acres northwest of the former track -bed of the Nelson and
Albemarle Railway Company, and, northeast of the location of former Rt. 6 (5 development
rights)
Parcel 2 — approximately 3 acres which is the former track -bed of the Nelson and Albemarle
Railway Company (1 development right)
Parcel 3 — approximately 38 acres on the northwest side of Rt. 800, up to the former track -bed
of the Nelson and Albemarle Railway Company and excepting parcels 33F, 34B and 34C. (5
development rights)
Each of these lawfully separate parcels is entitled to the noted associated development rights if
all other applicable regulations can be met. These development rights are only hypothetical in
nature but do represent the maximum number of lots of less than 21 acres allowed to be created
by right. The aggregate acreage of the development right lots may not exceed 31 total acres. In
addition to the development right lots, a "parent parcel" may create as many parcels with a
minimum of 21 acres as it has land to make.
This determination is based on the deed that you submitted from the Albemarle County clerk's
office. Unfortunately, the descriptive clauses of the deed describing the off -conveyances were not
supported by plats and could not be conclusively relied upon to determine acreage or additional
parcels. For this determination, ownership and use of the land were used to define the parcels for
the purposes of determining development rights.
Parcel Determination, TMP126-31A 2 August 21, 2015
The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning
Ordinance (December 10, 1980) is the one you submitted, Deed Book 602, page 225. It is dated
August 9, 1976 between The Georgia Marble Company, Mitchell O. Carr and S. Vance Wilkins, Jr.
That deed conveyed a "parcel 1" which was cited as 1599.78 acres, more or less", and "being part
of the property conveyed by deed dated March 19, 1883, from Daniel J. Carroll and others to
Albemarle Soapstone Company". There are then multiple pages of descriptions and off -
conveyances.
This deed also conveyed "its right, title and interest to all property which was a part of the Nelson
and Albemarle Railway Company." This is a 66 -foot wide strip that contains the former track -bed of
the railway company. This strip was previously mapped incorrectly on tax map section 126, but will
be corrected as a result of this and a prior determination of the adjoining parcel 31 A. The separate
railroad parcel is identified as parcel 2 noted above, and divides tax map 126 parcel 31 into two
pieces: Parcels 1 and 3, also noted above.
There have been no new parcels created from this tract since 1980 so all the development rights
remain in tact. The acreages listed on page one are estimated. The actual number of development
rights is dependent on surveyed acreage. The number of hypothetical rights is calculated at the rate
of one development right per two acres, with five being the maximum number of development rights
allowed.
If you are aggrieved by this determination, you have the right to appeal it within thirty (30) 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. In order for an appeal to
be considered complete, it shall include a completed application and $95 fee. The date notice of
this determination was given is the same as the date of this letter.
Sincerely,
Janice D. Sprinkle
Deputy Zoning Administrator
cc: Maynard Sipe, Planning Department
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading File, TMP 126-31A
Mitchell O. Carr, Owner
NOTE:
One (1) parcel by Tax Map, three (3) parcels by determination = two (2) additional parcels
I:IDEPTICommunity DevelopmentlZoning & Current Development Division Oeterminations of Parcel11999026-31 Carr. doc