July 16, 2004

 

Tara Rowan Boyd

123 East Main Street, 8th Floor

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 41, Parcel 47 & Tax Map 42, Parcels 3, 7 & 8 (Property of C. Wilson McNeely , III and Carter F. McNeely) Section 10.3.1

 

Dear Ms. Boyd:

 

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 41, Parcel 47 is a separate parcel with two (2) development rights. Tax Map 42, Parcel 3 is a separate parcel with one (1) development right. Tax Map 42, Parcel 7 is a separate parcel with five (5) development rights. These development rights are restricted by an easement held by the Virginia Outdoors Foundation. Tax Map 42, Parcel 8 is comprised of two separate parcels; one containing 178.95 acres and five (5) development rights the other containing 11.5 acres and five (5) development rights.  The basis for this determination is summarized as follows:

 

Tax Map 41, Parcel 47
 
Our records indicate Tax Map 41, Parcel 47 contains 4.39 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2025, page 155.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 649, page 365, dated June 2, 1978. This deed conveyed 4.39 acres from Jeffrey Eaton Heywood & Mary Anne Heywood to Jack B. Sagendorf & Helen H. Sagendorf. The property is further described on a plat by William S. Roudabush that is dated August 22, 1975 and recorded in Deed

 

Book 597, page 360. On the basis of this deed Tax Map 41, Parcel 47 is determined to be a parcel of record with two development rights.

 

Deed Book 2025, page 155, dated May 11, 2002, conveyed 4.39 acres from Helen H. Sagendorf to C. Wilson McNeely, III and Carter F. McNeely. This is the same property conveyed to the Grantor by the deed recorded in Deed Book 649, page 365. This deed had no effect on the legal status or on the development rights of the parcel.

 

Tax Map 42, Parcel 3

 

Our records indicate Tax Map 42, Parcel 3 contains 2.030 acres and one dwelling. The property is in the Moormans River Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2239, page 410.

 

This analysis begins with Deed Book 243, page 161. This deed, dated May 11, 1939, conveyed 4 ˝ acres from Jeter C. Jones to John Paul Woodson. The land is described by distances between physical markers at the corners of the parcel. Bearings are not provided.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 291, page 124. The deed conveyed 73.9 acres from John O. Woodson & Kathleen Jones Woodson to Charles Gillum Woodson & Peggy F. Woodson. The deed contained a plat that also showed a 2.03 parcel. The plat identifies John Paul Woodson as the owner of the parcel and references Deed Book 243, page 161. This plat contains bearings as well as distances. The discrepancy between the 4.5 acres noted in Deed Book 243, page 161 and this deed is not explained. On the basis of this deed Tax Map 42, Parcel 3 is determined to be a parcel of record with one development right.

 

Deed Book 2239, page 410, dated July 16, 2002, conveyed 2.03 acres from Martha Elizabeth Woodson Campbell to C. Wilson McNeely, III and Mary F. McNeely. The description of the parcel includes references to the plat recorded in Deed Book 291, Page 125 and the deed recorded in Deed Book 243, page 161. This deed had no effect on the legal status or on the development rights of the parcel.

 

Tax Map 42, Parcel 7

 

Our records indicate Tax Map 42, Parcel 7 contains 18.50 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1021, page 224.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 468, page 304. The deed, dated January 8, 1970, conveyed 18.5 acres from John Paul Woodson to Charles G. Woodson. The property is described as being a portion of a 148 ˝-acre tract conveyed to John O. Woodson and Kathleen Jones Woodson in Deed Book 291, page 122. On the basis of this deed Tax Map 42, Parcel 7 is determined to be a parcel of record with five development rights.

 

Deed Book 1021, page 224, dated October 26, 1988, conveyed 18.5 acres from Charles G. Woodson & Peggy Foster Woodson to C. Wilson McNeely, III. It is further described as being shown as Parcel 7 on Tax Map Sheet 42.  This deed also references Deed Book 291, page 122 and Deed Book 468, page 304. This deed had no effect on the legal status or on the development rights of the parcel.

 

Deed Book 1027, page 167, dated October 26, 1988, conveyed an Open Space Easement from C. Wilson McNeely, III and Carter F. McNeely to the Virginia Outdoors Foundation.  The easement restricts the use of property described as Tax Map 42, Parcel 7 that was conveyed to the Grantors by the deed recorded in Deed Book 1021, Page 224. The easement prohibits subdivision of the property and limits the property to a total of two dwellings. While this easement limits the use of the parcel’s development rights, it does not eliminate the five development rights associated with this parcel based on the provisions of Section 10.3 of the Zoning Ordinance.

 

Tax Map 42, Parcel 8

 

Our records indicate Tax Map 42, Parcel 8 contains 224.89 acres and three dwellings. The property is in the Moormans River Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1004, page 664.

 

Deed Book 337, page 60, dated December 16, 1957, conveyed 178.95 acres from William A. Barksdale, Jr. & Virginia P. Barksdale to Thomas J. Summey. The 178.95-acre tract is identified as Parcel 1 on a plat by T. W. Saunders, dated Oct. & Nov. 1957,  that is attached to this deed. The plat also shows a 22.86-acre parcel located to the southeast of Parcel 1.  It is determined that this deed establishes this 178.95-acre tract as a parcel of record.

 

Deed Book 347, page 467, dated April 1, 1959, conveyed 11.5 acres from George C. Palmer, II & Susanne G. Palmer to Thomas Summey. This deed includes a plat that shows the division of the 22.86-acre parcel, described above, into an 11.5-acre parcel and an 11.36-acre parcel. The deed notes that George C. Palmer, II acquired the 22.86-acre property from William A. Barksdale, Jr. & Virginia P. Barksdale by the deed recorded in Deed Book 345, page 262. It is determined that Deed Book 347, page 467 establishes this 11.5-acre tract as a parcel of record.

 

Deed Book 577, page 359 on July 17, 1975 contains a composite plat of two tracts containing a total of 190.45 acres. The plat identifies Tax Map 42, Parcel 8 described by reference to Deed Book 337, page 60 and Tax Map 42, Parcel 8B described by reference to Deed Book 347, page 467. The certificate notes that Dr. Thomas Summey acquired this property from George C. Palmer & Wife by Deed Book 346, page 246 and from William A. Barksdale, Jr. & Wife by Deed Book 334, page 484. It is determined that this plat did not serve to combine these parcels containing 178.95 acres and 11.5 acres respectively. 

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 637, page 399. This deed, dated November 23, 1977, conveyed 190.45 acres from Nettie Marie Jones to C. Wilson McNeely, III and Carter F. McNeely. The property is described, in part, as the land shown on the plat by William S. Roudabush showing 190.45 acres that is recorded in Deed Book 577, page 360. The deed also notes that the Grantor acquired the property from Thomas Summey by the deed recorded in Deed Book 605, page 222. On the basis of this deed, it is determined that the 178.95-acre tract and the 11.5-acre tract shown on the composite plat are each parcels of record with five (5) development rights.  A copy of the plat is enclosed.

 

Deed Book 1004, page 664, dated June 6, 1988, conveyed 34.44 acres from George C. Palmer, II & Susanne G. Palmer to C. Wilson McNeely, III and Carter F. McNeely. The land is shown on a plat dated May 11, 1988 by R. O. Snow, Inc. The 34.44-acre tract is a portion of Tax Map 42, parcel 41 that is added to Tax Map 42, Parcel 8. The plat notes that the 34.44-acre parcel may not be further divided into lots of less than 21 acres. Apart from increasing the size of the 178.95-acre tract, this transaction had no effect on the legal status of the parcels or their 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.

 

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.

 

Sincerely,

 

 

 

John Shepherd

Manager of Zoning Administration

 

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