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HomeMy WebLinkAboutLOD201800013 Letter of Determination 2018-09-14IRG1- COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 14, 2018 Karen Pape Michael L King 478 Woodlands Road 480 Woodlands Road Charlottesville VA 22901 Charlottesville VA 22901 RE: LOD2018-000013 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 04400-00-00-021CO (Property of KAREN D PAPE TRUST) and Parcel ID 04400-00-00-021C1 (Property of MICHAEL L KING, TRUSTEE OF THE MICHAEL L KING TRUST) Jack Jouett Magisterial District Dear Mrs. Pape and Mr. King: 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 Parcel ID 04400-00-00-021CO is comprised of one (1) parcel of record, with one (1) theoretical development right and Parcel ID 04400-00-00-021C1 is comprised of one (1) parcel of record, with one (1) theoretical development right, and within the bounds of these two (2) properties there are three (3) development rights that have not been allocated to either parcel. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 04400-00-00-021C0 contains 9.449 acres and one (1) dwelling and Parcel ID 04400-00-00-021C1 contains 7.777 acres and one (1) dwelling. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 04400-00-00-021CO and 021C1, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 665, page 87 dated September 27, 1978. BEFORE DECEMBER 10, 1980 Parcel ID 04400-00-00-021 CO and 021 C1 (16.40 acre parcel of record) Deed Book / Page Date Parcel Change Y or N Description Acres 385 / 148 12/20/1962 Y ...all that certain lot or parcel of land... containing 16.40 acres, as shown on a plat thereof... attached hereto and 16.40 recorded herewith; and being a part of the property known as "Woodlands" ... 665 / 087 09/27/1978 N ...all that certain lot or parcel of land... containing 16.40 acres, more or less, as shown on a plat thereof... in DB 16.40 385 P 150 September 14, 2018 LOD2018-00013 Page 2 AFTER DECEMBER 10, 1980 Parcel ID 04400-00-00-021CO and 021C1 (9.449 acres and 7.777 acres) Deed Book / Page Date Parcel Change Y or N Description Acres Development Rights 1848 / 073 06/14/1999 N All that certain lot or parcel of land... containing (21 C) 16.40 acres, more or less, as shown on a plat 16.40 5 thereof... in DB 385 P 150. Being the same property conveyed... in DB 665 P 87. 1867 / 229 10/12/1999 Y All that certain lot or parcel of land... containing (21C & 2.046 acres... described as Parcel C on a plat... 21 C1) a copy of which is attached hereto... Parcel C is to become a part of Lot 1 as shown on said plat. BEING a portion of the same property, in DB 1644 P 381 The plat recorded with this deed is a plat showing the division of Tax Map 44 Parcel 21C into two lots and includes boundary adjustments of adjacent parcels TMPs 44-20G and 45- 3C. The boundary adjustments added land to Lot 1 and added/removed land to/from Lot 2. With this survey the original parcel 21C contains 16.489 acres. Lot 1 has portions of TMP 44-20G Lot 1 (2.046ac) and TMP 45-3C (0.044ac) 9.449 added to it for a total of 9.449ac. Of (7.359 1 this 9.449ac the portion of the original original 16.489ac that makes up Lot 1 is portion 7.359ac (7.359 + 2.046 + 0.044 = 9.449) of parcel of record) A 1.833ac portion of the 16.489ac is Lot 2 added to TMP 45-3C and a portion of 7.777 TMP 45-3C (.480ac) is added to what is (7.297 1 shown as Lot 2 for a total of 7.777ac. original Of this 7.777ac the portion of the portion original 16.489ac that makes up Lot 2 of is 7.297ac (7.297 + 0.480 = 7.777) parcel of record) Lot 1 7.359ac (1 DR) Lot 2 7.297ac (1 DR) Parcel B 1.833ac Total original 21C 16.489ac September 14, 2018 LOD2018-00013 Page 3 The development right allocation note states the following "LOTS 1 & 2 WILL EACH RETAIN ONE (1) DEVELOPMENT RIGHT AND WILL BE ALLOWED ONE DWELLING UNIT PER LOT" This note does not allocate the three (3) remaining development rights. I am determining that Lot 1 and Lot 2 were assigned one (1) development right each, for a total of two (2) development rights. The remaining 7.297 3 three (3) development rights were not + Unassigned assigned to either lot. This means that 7.359 within within the combined 14.656ac = 14.656ac (7.297+7.359) there are three (3) 14.656 development rights that may be allocated between the two lots. 1887 / 024 01/10/2000 N All that certain lot or parcel of land... described as (21 Cl) Lot 2, containing 7.777 acres, on a plat... 7.777 1 attached hereto and recorded herewith. See The property conveyed herein is a portion of the above same property conveyed... in DB 1848 P 73. 1910 / 574 04/04/2000 N All that certain lot or parcel of land... containing (21C) 9.449 acres, more or less, being more particularly 9.449 1 described as Lot 1 on a plat thereof... in DB 1867 See P 233. above 3858 / 218 03/08/2010 N All that certain lot or parcel of land... described as (21 Cl) Lot 2, containing 7.777 acres, on a plat... in DB 7.777 1 1887 P 24. See above Based on these deeds Parcel ID 04400-00-00-021CO is determined to be one (1) parcel of record, comprised of the following: Approximately 9.449 acres"-, of which 7.359 acres contains one (1) development right, Parcel ID 04400-00-00-021C1 is determined to be one (1) parcel of record, comprised of the following: Approximately 7.777 acres"-, of which 7.297 acres contains one (1) development right. Three (3) remaining development rights may be assigned between the two -noted parcels. (Parcel IDs 04400-00-00-021CO or 04400-00-00-021C1) Allocation of the remaining development rights may be accomplished by submitting the same plat as was recorded in DB 1867 P 229 with a revision to the development right allocation note. 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 of record 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. September 14, 2018 LOD2018-00013 Page 4 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 un-appealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with Chapter 18, Section 34.3 of the Albemarle County Code, along with a fee of $258 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 Albemarle County Code. 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. Sincerely, Fran/cis ✓H. MacCall Principal Planner Attachment: Map delineating parcels of record Copy: Travis Morris, Senior Clerk of the Board of Supervisors LOD2018-00013 Pape & King Legend 44-21 D lam] (Note: Some items on map may not appear in legend) o 4=20B 45-3C n O � A�oa, © Fla�REsC�UEe'S ,roe ®CB °awCS L0 ® S1nnCN o A°�REA,'�RaasM ZZ 44-12V SOUTH FORK RIVANNA �A RIVER RESERVOIR Within the combined 14.656ac ( + 7.359) 44-21 C 1 480 there are three (3) 7.297ac " ,_ development rights may be 0 1 DR** assigned between the two - noted parcels. 478 Allocation of the remaining \ development rights may be accomplished by 44-20G f 4604 submitting the same plat as was recorded in DB 1867 P 44-20F 229 with a revision to the development right 4" `450 allocation note. 45-3A 1 520 458 17 ji 45-3D 45-4A J W OO OCgNd 45-3E ` 1. 3-RD _ r 472 ? 452 464 250 ft 676 ' 45-3F �� r14 44-21 - 45-4B e �� Ills � GIS-web � JJ Geographic Data Services ?, M www.albemarle.org lhgorNP - / (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 14, 2018