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Home My WebLink AboutLOD201400015 Review Comments Letter of DeterminationCOUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 December 10, 2014 Anvince Land Trust c/o Sue A. Albrecht, Trustee 255 Ipswich Place Charlottesville, VA 22901 Fax (434) 972-4126 RE: LOD201400015 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 61, Parcel 1B1 (Property of VDOT) Jack Jouett Magisterial District Dear Ms. Albrecht: The County Attorney and I have reviewed the relevant title information for the above - noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 61, Parcel 1 B1 has no theoretical development rights (under 21 acres) and cannot be further subdivided. The basis for this determination follows. Our records indicate Tax Map 61, Parcel 1 B1 contains 6.02 acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3692, page 322. This analysis begins with the deed of record in Deed Book 938, page 049, dated May 6, 1987. This deed conveys 14 lots in the "Roslyn Ridge" subdivision from Patricia Jones Edgerton as Trustee for Blue Ridge Land Trust, to Frank A. Kessler and includes a plat by Gloeckner, Lincoln & Osborne, Inc., dated March 23, 1987 and revised April 23, 1987. This plat shows residue of TMP 61-1 & TMP 45-2, a total of 34.401 acres, retaining one (1) theoretical development right (under 21 acres). Deed Book 966, page 209, dated June 30, 1987, is a certificate of plat showing a division of the 34.401 acre residue of Tax Map 61, Parcel 1 into Parcels B (21.0 acres) & C (13.401 acres). The one (1) theoretical development right was conveyed with "Parcel C" and the plat contains a note stating "Parcel "B" may not be further divided into lots less than 21 acres." This transaction removes any theoretical development rights from Parcel "B" which would become Tax Map 61, parcel 1 B. Deed Book 1059, page 262, dated July 24, 1989, is a certificate of plat showing Parcel "X", containing 3.175 acres, being added to the 21.0 acre Parcel "B" without conveying any theoretical development rights. Other than increasing the acreage of Parcel "B" to 24.175, this transaction had no effect on the parcel. Deed Book 1333, page 185, dated August 13, 1993. The deed conveys, among other land, 24.175 acres, more or less, from Patricia Jones Edgerton, as Sole Trustee of the Nettie Marie Jones Revocable Trust, to Blue Springs Land Corporation. The land is described as consisting of "Parcel B" containing 21.000 acres, more or less, and Parcel "X" containing 3.175 acres, more or less, added to Parcel "B". This property, what is known as Tax Map 61, Parcel 1B, shows on the plat by Gloeckner, Lincoln & Osborne, Inc., dated June 30, 1987 and revised September 23, 1987. This plat reaffirms that Parcel "B" may not be further divided into lots less than 21 acres. Deed Book 1462, page 298, dated April 4, 1995, conveyed 24.175 acres, more or less, from Blue Springs Land Corporation to Larry J. McElwain, as Sole Trustee for the Anvince Land Trust. The property is described as being the same as was conveyed by Deed Book 553, page 300, less the 16 acres conveyed by Deed Book 1333, page 185. This transaction had no effect on the parcel. Deed Book 1893, page 025, dated December 16, 1999, conveyed 6.021 acres from Larry J. McElwain, as Sole Trustee for the Anvince Land Trust, to the Commonwealth of Virginia as part of the State's acquisition of rights-of-way for the "Western Bypass" road project. The property is described as being a portion of the same as was conveyed by Deed Book 938, page 1047 (actually 049). This transaction conveyed no theoretical development rights and created what is now Tax Map 61, parcel 11131. Deed Book 1892, page 226, dated February 1, 2000, appointed Sue A. Albrecht and Raymond Richards as substitute Trustees of Anvince Land Trust. This transaction had no effect on the parcel. Deed Book 3037, page 442, dated July 27, 2005, appointed Sue A. Albrecht, the sole Beneficiary of the Anvince Land Trust, as sole substitute Trustee of the of Anvince Land Trust. This transaction had no effect on the parcel. Deed Book 3692, page 322, dated February 17, 2009, appointed Larry J. McElwain to serve as co -Trustee, with Sue A. Albrecht, of the Anvince Land Trust. This transaction had no effect on the parcel. 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 (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 K 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.orq/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. Sincere , Ronald L. 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