April 29, 2004

 

Tara Rowan Boyd

LeClair Ryan

Post Office Box 2017

Charlottesville, VA 22902-2017

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 17, Parcels 22A, 22E and 22F (Property of Mariah II LLC c/o Thomas A. Saunders III) Tax Map 17, Parcel 21 & Tax Map 29, Parcel 33B (Property of Melissa Lynn Bailey) Section 10.3.1

 

Dear Ms. Boyd:

 

The County Attorney and I have reviewed the title information for the above-noted properties.  It is the County Attorney's advisory opinion and my official determination that Tax Map 17, Parcel 22A contains five (5) development rights, Parcel 22E contains one (1) development right and Parcel 22F contains between one (1) and four (4) development rights. Tax Map 17, Parcel 21 contains no development rights. Tax Map 29, Parcel 33B contains between one (1) and four (4) development rights. The basis for this determination is provided below.

 

Tax Map 17, Parcel 22A

 

Our records indicate Tax Map 17, Parcel 22A contains 224.32 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2682, page 73. 

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 587, page 56 and is dated December 16, 1975. By this deed Nella B. Via disclaimed her interest in the trust under the will of her late husband Guy A. Via with the result that thirteen parcels were conveyed to Roy L. Bailey. Among these parcels was Tract 1 containing 241.8 acres that was conveyed to Guy A. Via by the deed recorded in Deed Book 276, page 255. On the basis of this deed, Tax Map 17, Parcel 22A as it existed on December 10, 1980 was a parcel of record as defined in Section 10.3 with five development rights. The 241.8-acre

tract is comprised of property that is now identified on Tax Map 17 as parcels 22A, 22D and 22D1.

 

Deed Book 864, page 32, contains an instrument recorded on January 2, 1986 that conveyed six parcels from Roy L. Bailey to the Rivanna Water and Sewer Authority (RWSA). This deed also conveyed several easements to RWSA that are not relevant to this determination. Parcel I, described below, had an effect on Tax Map 17, Parcel 22A.

 

PARCEL I: This is a parcel containing 18.186 acres identified as Parcel E on the plat of Bell/Blue dated May 8, 1984. This property is now designated as Parcel 22D & 22D1 on Tax Map 17.

 

The plat did not assign development rights to any of the parcels conveyed to RWSA. These parcels were created for the special purpose of the construction of a reservoir on Buck Mountain Creek. These parcels were not approved as development lots. Substantial portions of these parcels are in the Flood Hazard Overlay District. Therefore, it is determined here that no development rights were conveyed with the 18.186-acre parcel and therefore, the 223.614-acre residue retained five development rights.

 

Tax Map 17, Parcel 22E    

 

Our records indicate Tax Map 17, Parcel 22E contains 5.91 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2160, page 330.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 607, page 100 and is dated October 8, 1976. This deed conveyed 133.89 acres from Nella B. Via to Roy L. Bailey. On the basis of this deed, Tax Map 17, Parcel 21 as it existed on December 10, 1980 was a parcel of record as defined in Section 10.3 with five development rights. 

 

Deed Book 864, page 32, referenced above also conveyed Parcel II, described below, which had an effect on Tax Map 17, Parcel 22E.

 

PARCEL II: This is a parcel containing 24.507 acres identified as Parcel F on the plat of Bell/Blue dated May 16, 1984. This property is now designated as Parcel 21G & 21G1 on Tax Map 17. As a result of this transaction the residue of Parcel 21 was physically divided into two non-contiguous tracts; One is located to the East of Piney Creek and is designated as Parcel 22E on Tax Map 17. The other

is located to the West of Piney Creek and is now comprised of Parcels 21H, 21H1, 21H2, 21I, 21J and 21 on Tax Map 17.

 

Again, it is determined here that no development rights were conveyed with the 24.507-acre parcel and that the residue of the 133.89-acre parcel retained five development rights. These development rights were allocated on three plats by Roger W. Ray and Assoc., Inc.

 

Lot A, now comprised of Parcels 21H & 21H1 and Lot B, now Parcel 21H2 were created on the plat dated April 15, 1992. Lot A was assigned 2 development rights. Lot B was assigned no development rights. The residue was assigned 3 development rights. The plat did not allocate these 3 development rights between the separate portions of the residue.

 

Lots A1 & A2, now Parcels 21H & 21H1 were created on the plat dated April 27, 1992. Each lot was assigned 1 of the 2 development rights assigned to Lot A.

 

Lots C & D, now Parcels 21I & 21J were created on the plat dated July 14, 1992. Each lot was assigned 1 of the 3 development rights assigned to the residue on the plat dated April 15, 1992. The plat assigned 1 development right to the residue but did not specify which portion of the residue contained it.

 

It is determined here that the remaining development right allocated to the residue on the July 14, 1992 plat is attached to the 5.91-acre parcel now designated as Parcel 22E on Tax Map 17. No development rights remain on Tax Map 17, Parcel 21, the portion of the 133.89-acre lot of record located to the west of the 24.507-acre tract, now designated as Tax Map 17, Parcel 21.

 

Tax Map 17, Parcel 22F

 

Our records indicate Tax Map 17, Parcel 22F contains 12.030 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2160, page 330.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 587, page 61 and is dated December 16, 1975. By this deed Nella B. Via conveyed five parcels to Roy L. Bailey. Among these was Tract 3 described as containing 96.6 acres conveyed to Guy A. Via by the deed recorded in Deed Book 247, page 191. On the basis of this deed, Tax Map 29, Parcel 33B as it existed on December 10, 1980 was a parcel of record as defined in Section 10.3 with five development rights. The 96.6-acre tract is comprised of

property that is now identified on Tax Map 17 as parcel 22F and Tax Map 29 as Parcels 33B, 33B1 and 33B2.

 

Deed Book 864, page 32, contains an instrument recorded on January 2, 1986 that  conveyed six parcels from Roy L. Bailey to the Rivanna Water and Sewer Authority. This deed also conveyed several easements to RWSA that are not relevant to this determination. Parcel VI, described below, had an effect on Tax Map 17, Parcel 22F.

 

PARCEL VI: This is a parcel containing 66.016 acres identified as Parcel E on the plat of Bell/Blue dated May 30, 1984. This property is now designated as Parcel 33B1 & 33B2 on Tax Map 29. As a result of this transaction the residue of Parcel 33B was also physically divided into two separate, non-contiguous parcels designated as Parcel 22F on Tax Map 17, and Parcel 33B on Tax Map 29.  

 

Again, it is determined here that no development rights were conveyed with the 66.016-acre parcel and that the residue of the 96.6-acre parcel retained five development rights. However, these development rights have not been allocated between the two portions of the residue, now designated as Tax Map 17, Parcel 22F and Tax Map 29, Parcel 33B.  It is determined here that Tax Map 29, Parcel 33B and Tax Map 17, Parcel 22F each has at least one development right. The County has no option to assign these remaining development rights on any basis other than “first come- first served.” However, it is recommended that this matter be settled by negotiation and agreement rather than a race.

 

Tax Map 17,  Parcels 22A, 22E & 22F

 

Deed Book 1597, page 38, dated February 19, 1997, conveyed three parcels from Roy L. Bailey and Betty Jean Bailey to Thomas A. Saunders, III. These parcels are shown on a plat by Roger W. Ray and Associates, dated February 4, 1987 and are described, in part, as follows:

 

PARCEL NO. ONE: The residue of the 241.8-acre conveyed to Guy A. Via by the deed recorded in Deed Book 276, page 255, less and except the 18.186 acres conveyed to the Rivanna Water and Sewer Authority by the deed recorded in Deed Book 864, page 32.

 

PARCEL NO. TWO: The 5.91-acre portion of a larger tract conveyed to Roy L. Bailey by the deed recorded in Deed Book 607, page 100. The 5.91-acre parcel adjoins Parcel No. ONE described above.

 

PARCEL NO. THREE: The 12.03-acre parcel portion of a larger tract conveyed to Nella B. Via by the deed recorded in Deed Book 587, page 61.

 

This deed had no effect on the status of these parcels or on development rights.

 

Tax Map 17,  Parcels 22A, 22E & 22F

 

Deed Book 2160, page 330, dated January 9, 2002, conveyed three tracts from Thomas A. Saunders, III and Mary Jordan Saunders to Mariah II, LLC. Tract 1 is described as being comprised of Parcel No. One, Parcel No. Two and Parcel No. Three that were conveyed to Thomas A. Saunders III by the deed recorded in Deed Book 1597, page 38. This deed had no effect on the status of these parcels or on development rights.

 

Tax Map 17,  Parcel 22A

 

Deed Book 2682, page 73, dated January 19, 2004, conveyed certain parcels that are not subject to this determination from Mariah II, LLC to Brian W. Mandeville and Jean E. Mandeville. This transaction included a conveyance of 7.74 acres from Tax Map 17, Parcel 35D, property of Mariah II, LLC, to Tax Map 17, Parcel 22A. This boundary adjustment is shown on a plat by Roger W. Ray, dated December 19, 2003. The plat notes that no development rights are being added with the 7.74 acres. As a result of this transaction Parcel 22A contains 232.06 acres and five development rights.

 

These parcels are entitled to the noted development rights if all other applicable regulations can be met. 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, a “parent parcel” may create as many parcels containing a minimum of twenty-one acres as it has land to make.

 

If you or Melissa Lynn Bailey 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 $120.00.  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.

 

Sincerely,

 

 

John Shepherd

Manager of Zoning Administration

 

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