HomeMy WebLinkAboutLOD200700022 Letter of Determination 2014-03-13COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 11, 2007
Mr. Lawrence J. Martin, Trustee
BMC Land Trust
C/o Hantzmon' Wiebel, LLP
818 East Jefferson Street
P. O. Box 1408
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -Section 10.3.1 -- Tax
Map 30, Parcel 10 (one tax parcel that is composed of two parcels of record)
(Property of BMC Land Trust) Whitehall Magisterial District
Dear Mr. Martin:
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 30, Parcel 10 has five (5) theoretical development rights and Tax Map 30,
Parcel 11 has five (5) theoretical development rights. The basis for this determination
follows.
Our records indicate that the current Tax Map 30, Parcel 10 contains 255.19 acres and
no dwellings. The property is within the Moorman's River Agricultural and Forestal
District. The most recent recorded instrument for this property is recorded in Deed Book
2609, page 433.
This analysis begins with the deed of record in Deed Book 66.5, page 224 that is dated
December 26, 1978. The deed conveyed to Continental Land Sales, Inc., tracts or
parcels of land including: 217.6 acres, more or less (Tax Map 30; Parcel 10), and; 46
acres, more or less (Tax Map 30, Parcel 11), less approximately 4 acres conveyed to
the City of Charlottesville'for the Rivanna Reservoir. This is also the most recent
instrument for this parcel recorded prior to the adoption of the Zoning Ordinance,
December 10, 1980. .Based on this deed, the current Tax Map 30, Parcel 10 is
determined to be two (2) .parcels of record (parcels 10 & 11) with five (5)
development rights each for a total of ten (10) theoretical development rights.
Deed Book 712, page 461, dated March 10, 1981, conveyed 261.06 acres from
Continental Land Sales,. Inc to Page J. McGee. The property is described as being the
same as was conveyed by Deed Book 665, page 224. This transaction had no effect
on the parcels.
lADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\30-10&11,
LCD2007-022, BMC Land Trust.doc
Deed Book 803, page 295, dated June 13, 1984, conveyed 5.750 acres from Page J.
McGee & William L. McGee to Rivanna Water and Sewer Authority. The property is
described as being from the same parcel conveyed by Deed Book 712, page 461, thus
resulting in it being 255.31 acres. This transaction had no effect on the parcels or
their development rights.
Deed Book 828, page 344, dated February 28, 1985, conveyed 255.31 acres from Page
J. & William L. McGee to BMC Land Trust. The property is described as being the same
as was conveyed by Deed Book 712, . page 461, less the 5.75 acres conveyed by Deed
Book 803, page 295. This transaction had no effect on the parcels.
Deed Book 2609, page 433, dated September 26, 2003, conveyed .12 acres, more or
less from BMC Land Trust to Jonathan Z. & Alice P. Cannon. The property is described
as being the same as was conveyed by Deed Book 828, page 344, thus resulting in the
present acreage of 255.19. This transaction had no effect on the parcels.
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 are aggrieved by this determination, you have a right to appeal it within thirty 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. An appeal application must be completed and filed along with the fee of $120.
The date notice of this determination was given is the same as the date of this letter.
If you have any questions, please contact me.
Sing y,
Ronald L. Higgins, AICP
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\30-10&11, 2
LOD2007-022, BMC Land Trust.doc