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HomeMy WebLinkAboutLOD201400021 Letter of Determination 2015-01-23 (2)COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 23, 2015 James E Craig Jr. PO BOX 6804 Falls Church, VA 22040 RE: LOD2014-00021 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 94, Parcel 17 (Property of CAROLYN P SWEENEY) Scottsville Magisterial District Dear Mr. Craig: 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 94, Parcel 17 is comprised of two (2) parcels of record, one being approximately 149 acres"- in size, with zero (0) theoretical development rights and the other being approximately 324 acres+'- in size, with five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 94 Parcel 17 contains 473.517 acres and two (2) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Tax Map 94 Parcel 17, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 683, page 168 dated October 18, 1979. PRIOR TO DECEMBER 10, 1980 TMP 94-17 — (588.4ac) The acreage calculations in the right hand column have been made according to the numbers from the noted plats. None of the said plats identified the residue amounts, just that the parcels created were from the original 588.4 acres from DB 207 P 456. Deed Date Parcel Change Description Acres Book / Page Y or N 207 / 456 02/03/1930 Y All that certain tract or parcel of land, known as "Mt 588.4 acres Eagle", Containing in all five hundred eighty-eight and four tenths (588.4) acres, more or less. Includes plat made by Hugh F. Simms, S.A.C., dated January, 1930. 245 / 208 03/30/1934 N A certain tract or parcel of land, known as "Mt Eagle", 588.4 acres containing 588 4/10 acres, more or less according to plat made by Hugh F. Simms, S.A.C., dated January, 1930 of record in DB 207 P 460 315 / 123 02/26/1955 N A tract of land, known as "Mt Eagle", as shown on plat 588 acres recorded in DB 207 P 460 containing by estimation 588 acres. January 23, 2015 LOD-2014-00021 Page 2 of 5 402 / 102 08/22/1964 Y A tract or parcel of land, containing 3.1 acres, more or 588.4 - 3.1 less, as shown on a plat of Frank A. Gregg, C.L.S., _ dated July 1964. 585.3 acres 403 / 320 10/26/1964 Y All that certain tract or parcel of land, containing 3 585.3 - 3.0 acres, being designated and described as parcel "A" _ on a plat of Thomas D. Blue, dated May 9, 1964. 582.3 acres 424 / 324 11/10/1966 Y All that certain lot or parcel of land, containing 3 acres, 582.3 - 3.0 more or less, on a plat prepared by Frank A. Gregg, _ C.L.S., dated August 1966. 579.3 acres 434 / 492 08/04/1967 Y Conveyed 1.2 acres with approximately .8 acres of 579.3 - .8 this lot being a part of the 588.4 acres in DB 207 P = 460. 578.5 acres 487 / 196 05/06/1971 Y All that certain lot or parcel of land, containing 2.01 578.5 - 2.01 acres, more or less, further described a plat of Warren = F. Wade, C.L.S., dated April 20, 1971. 576.49 acres 513 / 63 08/03/1972 Y 6 acres of land, includes description. It is also part of 576.49 - 6.0 the 588.4 acres conveyed in DB 207 P 460 and DB = 315 P 123. 570.49 acres 577 / 599 07/21/1975 Y All that certain tract or parcel of land, containing 0.83 570.49 - .83 acres, more or less, according to a plat made by Paul = Saunders, C.L.S., dated July 5, 1975. 569.66 acres 578 / 473 07/25/1975 Y All that certain lot or parcel of land, containing 4.277 569.66 - 4.277 acres, further described a plat prepared by Frank A. _ Gregg, C.L.S., dated June 1975. 565.383 acres 604 / 380 08/15/1976 Y All that certain lot or parcel of land, shown on a plat of William S. Roudabush, Inc., C.L.S., dated December 565.383 - 2.0 2, 1975. _ 563.383 acres The attached plat shows the parcel being 2.00 acres. The plat also shows a residue of 572.94 acres. It is appears that the surveyor did not pick up on all previous transactions. 664 / 694 01/15/1979 Y All that certain lot or parcel of land, containing 2.305 563.383 - 2.305 acres being shown and described on a plat and = survey thereof made by Frank A. Gregg, C.L.S., dated 561.078 acres November 1978. 683 / 6 10/18/1979 Y All that certain lot or parcel of land, containing 12.15 561.078 - 12.15 acres being shown and described on a plat and = survey thereof made by Frank A. Gregg, C.L.S., dated 548.928 acres July 1979. 683 / 168 10/18/1979 Y All those two certain lots or parcels of land, containing 548.928 - 2.18 in the aggregate 2.18 acres being shown and = described on a plat and survey thereof made by Frank 546.748 acres A. Gregg, C.L.S., dated July 1979. AFTER DECEMBER 10, 1980 TMP 94-17 - (473.517) Deed Book / Page Date Parcel Change Y or N Description Acres Development I Rights 814 / 667 08/24/1984 Y All that certain lot or parcel of land, containing 541.448 4.10 acres, further described as Parcel 1 on a plat prepared by Wm. Morris Foster C.L.S., -4.10 dated August 7, 1984. 537.108 ac - .24 = with 4 DRs The plat also dedicated .24 acres to the right- of-way for Route 729. The plat allocated 1 537.108 development right to the 4.10 acres January 23, 201E LOD-2014-00021 Page 3 of 5 919 / 654 01/02/1987 Y Whereas, by DB 814 P 667 Elizabeth B. Sweeney conveyed Parcel 1 on a plat... and, Whereas, said deed should have included two 541.448 development rights of Tax Map 94, parcel 17, rather than one development right shown on - 4.10 said plat. - .24 = 537.108 ac The plat also dedicated .24 acres to the right of with 3 DRs way for Route 729. 537.108 The plat allocated 1 additional development right to the 4.10 acres. 1009 / 27 08/12/1988 Y All that certain piece or parcel of land, 537.108 containing 6.49 acres, on a plat of survey dated March 28, 1988. - 6.49 530.618 ac with 3 DRs This plat did not allocate a development right = because it created a lot for a public utility. Current regulations would consider this a 530.618 special lot. 1125 / 215 09/17/1990 Y All that certain lot or parcel of land, containing 530.618 5.00 acres, more or less, designated as Parcel "X" as shown on a plat dated August 22, 1990. - 5.00 525.618 ac with 3 DRs Parcel X was added to an adjacent 2 acre = parcel. No development rights were transferred with the 5 acres. 525.618 1125 / 220 09/17/1990 Y All that certain lot or parcel of land, containing 2.50 acres, more or less, designated as Lot A as shown on a plat dated August 22, 1990. With this plat it was determined that there are two portions of the 525.618 acres split by the right of way of Route 53. One portion is to the 525.618 199.118 ac Southwest of Route 53 and one portion is the with 2 DR Northeast of Route 53. No amount of acres is -2.50 described on the plat for each of the portions of Tax Map 94 Parcel 17. = Approx. 324ac The portion to the Southwest for Route 53 is 523.118 with 5DRs the portion that the 2.50 acres is created from. It is estimated that the portion to the Southwest of Route 53 contains approximately 199.118 acres after the creation of 2.50 acres and the portion to the Northeast of Route 53 contains approximately 324 acres. 1849 / 117 08/17/1999 Y All that certain lot or parcel of land, containing 4.0 acres, more or less, and shown as Parcel Y on a plat dated July 12, 1999. 523.118 195.118 ac with 1 DR The portion to the Southwest for Route 53 is -4.00 the portion that the 4.00 acres is created from. = Approx. It is estimated that the portion to the Southwest 324ac of Route 53 contains approximately 195.118 519.118 with 5DRs acres after the creation of 4.00 acres and the portion to the Northeast of Route 53 contains approximately 324 acres. January 23, 2015 LOD-2014-00021 Page 4 of 5 2768 / 247 06/01/2004 Y All that certain tract or parcel of land, 519.118 192.054 ac containing 3.064 acres, more or less, with 0 DR designated as Parcel N on a plat dated April 7, -3.064 2004. = Approx. The portion to the Southwest for Route 53 is 324ac the portion that the 3.064 acres is created 516.054 with 5DRs from. It is estimated that the portion to the Southwest of Route 53 contains approximately 192,054 acres after the creation of 3.064 acres and the portion to the Northeast of Route 53 contains approximately 324 acres. 4001 / 160 02/11/2011 Y All that certain tract or parcel of land, 516.054 containing 21.118 acres and more particularly described as Parcel "O" on a plat dated -21.118 149.517 ac February 3, 2011. with 0 DR -21.419 Said plat also created a certain tract or parcel of land containing 21.419 acres and described = Approx. as Parcel "P". 324ac 473.517 with 5DRs The portion to the Southwest for Route 53 is the portion that the 21.118 acres and 21.419 acres are created from. It is estimated that the portion to the Southwest of Route 53 contains approximately 149.517 acres after the creation of 21.118 acres and 21.419 acres and the portion to the Northeast of Route 53 contains approximately 324 acres, On the basis of these deeds As of December 10, 1980, Tax Map 94, Parcel 17 is determined to be two (2) parcels of record, approximately 149+/- acres with zero (0) development rights, and approximately 324+/- acres with five (5) 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 (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. January 23, 2015 LOD-2014-00021 Page 5 of 5 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. (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. Sincer *r - Francis H. MacCall Principal Planner Attachment: Map delineating parcels of record. Copy: Sheila L. Conrad, Real Estate Tech, Real Estate Ella Jordan, Clerk of the Board of Supervisors TM-P Acreage Division rights for 21 acre minimum parcels Development rights 94-17 part of - SW of Rt. 53 149+/- 7 0 94-17 part of - NE of Rt. 53 324+/- 14 5 ' 93-109 v 3\1 493a22A �, 93�o0=B; 93-58 �' rn 9 3-58B-" 93'66 Try°j ,y9 3-5 A 93-57B+ 93-56 3-.128' g3 93-29B93 57D� 93-29 93-57E 93-5 33-29A - 93-57 v X. M Q � / , M � rn93-57F 93-48 in U b 93-54A w /1 1 93-48A rn 93-48E93-48D 1 r �, 93 93 47 �4;C w - 93-47G93-47A 93-47,14 93 47N 1 U 393-47P ,'�1 AIN� yll���ll 9 5'3 w 33-4fiA APPROX. 149+/- acres 33-47C2 93-52A 33-41D J J-J4f 1 � 733 -— 105-2B 0105-2A Cl5 'O D � 1500 104-/10 10A1 5-1V 93-50C 93-50D 93-50 QUCK IS[ -AN" GRFFk LOD 2014-21 Sweeney - ACE 93A5--OK-2' 94,1fi� 93A5-K2-QA-4 7 93A5`F 93A5--OK=5, lQ Q93A5--013 91 93A5�K2-K2-3 9 93A5�OJ-1 93A5-1 ��9'3A-ltE 83,A1-A1 ��o93A5-K2-0 93A5-K2-0 B-894-i6A193A5-K2-QA-2r4 93A5-OK=7��93A5-K24B293AK-0A-1 � Q `93A�5--OK-12 i.93A5\K2-0 B-1 93-55 94-15A3 �3\3A 1' X L—W 94-15A1 9 93A5-A�� \ \� 3V�120\93-52 . 324+/- acres 94-17+ 94-15A2 R '0'346 ry�� � 105-124 =1C ' 110`5�'4� % Toh joy 105'41 B5-41cos vd� 0 11�I9 70 105-40;4 T� 105-23I >?D 106-1A 105-25 105-37B S4g o - 146-4+ 106-5 11 Legend (Note: Some items on map may not appear in legend) o co 3+ 0E-RESnES—O ©Pa�REs Es,a,oe Ho °awe, ® 10-1 STATION a P=A'o ce ® 1ECREnnarvrtouaisM 9 SC — 94-18 106-1 - -5� a GIS-Web Geographic Data Services 106-6 www.albemarle.org (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 21, 2015