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Home My WebLink AboutLOD201500005 Letter of Determination 2015-05-04COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 4, 2015 Jay Townsend 126 Brandywine Ct Charlottesville VA 22901 RE: LOD2015-00005 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 9, Parcel 1 (Property of LYNCH RIVER FARM LLC) White Hall Magisterial District Dear Mr. Townsend: 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 9, Parcel 1 is comprised of one (1) parcel of record with two (2) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 9 Parcel 1 contains 143.38 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Tax Map 9 Parcel 1, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 465, page 53 dated August 18, 1969. PRIOR TO DECEMBER 10, 1980 TMP 9-1 — (175ac) Deed Date Parcel Change Description Acres Book / Pae 1013/223 Y or N Y All that certain tract or parcel of land, 465/53 08/18/1969 Y That certain tract or parcel of land, containing 175 acres, 175 containing 5.50 acres according to a plat of more or less, and being one-half of a larger tract of land acres survey by R.O. Snow, C.L.S., attached hereto 5.50ac containing 225 Acres, more or less. AFTER DECEMBER 10, 1980 TMP 9-1 — (143.38ac) Deed Book / Page Date Parcel Change YorN Description Acres Development Rights 1013/223 09/09/1988 Y All that certain tract or parcel of land, containing 5.50 acres according to a plat of survey by R.O. Snow, C.L.S., attached hereto 5.50ac 1 dated August 1, 1988, and being a portion of the property conveyed in DB 465 P 53. Residue This would have left a residue of 169.50ac 169.5ac 4 with 4 development rights. May 4, 2015 LO D-2015-00005 Page 2 of 3 1466/373 03/22/1995 N All that certain tract or parcel of land, containing 175 acres, more or less, LESS AND EXCEPT that portion of property consisting of 5.50 acres shown and described on a plat of survey by R.O. Snow, C.L.S., attached hereto dated August 1, 1988, and recorded in DB 1013 P 223. 169.5 4 3684/309 01/13/2009 N All that certain tract or parcel of land, containing 162.191 acres, more or less, being 162.191 4 the property shown on a plat, as a part of this instrument. This is a new survey of the property that provides a revised acreage for the parcel which does not include two small cemetery tracts. 3800/1 09/22/2009 Y Certificate of Plat Lot 1 The attached plat, being a portion of the land 18.81 2 acquired in DB 3684 P 309. Residue 2 143.38 Lot 1 is later divided into 2 lots in DB 3848 P 577 by Lynch River Farm LLC. On the basis of these deeds Tax Map 9, Parcel 1 is determined to be one (1) parcel of record, comprised of approximately 143.38 acres"-, containing 2 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 (30) days of this notice, in accordance with -Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual .cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. May 4, 2015 LOD-2015-00005 Page 3 of 3 (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) If you have any questions, please contact me. Sincerel Francis H. MacCall Principal Planner Attachment: Map delineating parcels of record. Copy: Ella Jordan, Clerk of the Board of Supervisors Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 4, 2015 LOD2015-00005 LYNCH RIVER FARM LLC Legend (Note: Some items on map may not appear in legend) 810 11" o F—RESCUEe,A,oe o "iossA`Aav`_ 2 ® Po -E s11110N m Posy orrice M ° scr"oa,oNRooasM 8-32 'oP- M T� 8-32B Greene Co. 669 8-32A m w 9-1B 8 =35M 7 q F 8-35J � r � N M M� I U Qa 1A 143.38 ac M i0 0 8-34C i 0', 9-1 8-33A1 r 6 3 P. RRlS R �, 8� 8-33B1 0 � itis 8-3 B c8 -33D 'q0 +� 9 -SAA O 8 3SC 6G4 - - 8-33B 8-33 8-34D 9 ZG 9-16 $+ 8-39A ' q, 54-. - --- M 9q ,- 8 39 /C1 .38-3 J2� Ilf GIS -Web Q� 9 6 00 A31� M 4W� 1L! 8-39 $.39 co q4■ r� o Geographic Data Services 8--W1-39 8-39B 38 9C ai �? 9.3 Q' 9-4 www.a emar e.org ~�:R�" (asa>2ss-sasz Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 4, 2015