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Home My WebLink AboutLOD200400008 Action Letter 2017-07-12C? LECLAIR RYAN A Professional Corporation 123 Last :Main Street 81h Floor Charlottesville, Virginia 22902 434,245,344.4 March 11, 2004 Mr. John Shepherd Manager of Zoning Administration Department of Building Code and Zoning Services County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 ATTORNEYS AT LAW TARA ROWAN BOYD tboyd@leclairr%,,Ln.com leclairnan.com Direct Dial: 434.245.3429 Direct Fax: 434,245.3459 Re: Division rights determination for 250 acres off of State Route 667 Albemarle Count Tax May 17 Parcels 22A 22E and 22F Dear Mr. Shepherd: This is to request a Division Rights Determination for the referenced parcels, all of which are zoned Rural Areas. Enclosed please find the request form, together with a check for the $40.00 processing fee and copies of the referenced documents. Following is my calculation of the property's development rights, which I would like you to verify. TMP 17-22A and portion of TMP 17-35D; 232.06 acres. This parcel supports one dwelling and is in land use. Prior to December 10, 1980, the property was a single parcel owned by Roy L. Bailey by instrument dated December 16, 1975 and recorded in Deed Book 587, page 56.In 1985, the then -owner transferred 18.186 acres to the Rivanna Water and Sewer Authority (RWSA), along with several easements, as part of the Buck Mountain Reservoir acquisition process (described as "Parcel I," Deed Book 864, page 32T The plat of the transferred property (Deed Book 864, page 35) did not note whether development rights followed the transferred property. We would therefore submit that this conveyance represented a boundary adjustment with the Buck Mountain Reservoir tract rather than a division of the grantor's property, so that no development rights were used for this transfer. The property was transferred to 91omas A. Saunders, III by deed dated February 19, 1997 and recorded at Deed Book 1597, page 38, then to its present owner by deed dated January 9, 2002 ar.a recorded at Dee9ook 2160, page 330!' The most recent transfer affecting this parcel (Deed Book 2682, page 73) attached a 7.74-acre strip of land from TMP I7-35D to the parcel, bringing the total acreage to 232.06 acres. The plat of that strip noted that no development rights followed the strip to accrue to 17-22A. Therefore, this property presently retains only its original five development rights. TMP 17-22E; 5.91 acres. This parcel is in land use and unimproved. Prior to December 10, 1980, the property was part of an undivided, 133.89-acre parcel owned by Roy L. Bailey by Deed of Gift dated October 8, 1976 and recorded at Deed Book 607, page I Or In December of 1985, by deed Alexandria • Blacksburg • Charlottesville - Glen Allen • Norfolk • Richmond • Roanoke • Washington DC www,leclairryan.com Mr. John Shepherd Department of Building Code and Zoning Services March 11, 2004 Page 2 of 2 recorded at Deed Book 864, page 32:Mr. Bailey conveyed a 24.507-acre swath of the property described as "Parcel II" to RWSA for the reservoir, severing a 5.91-acre parcel from the remainder of the property. The dividing transfer is depicted on a plat recorded with the deed at Deed Book 864, page 36, which does not note where the parcel's development rights went. Because this residue parcel contains less than 21 acres, it would logically possess at least one, but no more than two, of the original parcel's development rights. By deed dated February 19, 1997, and recorded at Deed Book 1597, page 38, Mr. Bailey conveyed the 5.91-acre parcel to Thomas A. Saunders, III. The property was transferred to its current owner by deed dated January 9, 2002, and recorded at Deed Book 2160, page 330. On the conservative assumption that only one development right stayed with the 5.91-acre residue after the division by RWSA, this property presently contains one development right. TMP 17-22F; 12.03 acres. Like its neighbor, this parcel also is in land use and unimproved. Prior to December 10, 1980, the property was part an undivided, 96.6-acre parcel owned by Roy L. Bailey by will recorded at Will Book 62, page 640 (the property was originally transferred to the testator, Nella B. Via, by deed recorded at Deed Book 587, page 61). In December of 1985, by deed recorded at Deed Book 864, page 32, Mr. Bailey conveyed 66.016 acres described as "Parcel VI" stretching across the middle of the property to RWSA, severing a 12.03-acre parcel from the remainder of the property. The dividing transfer is depicted on a plat recorded with the deed at Deed Book 864, page 39. Because this residue parcel contains less than 21 acres, it would logically possess at least one, and up to five, of the parcel's original development rights. By deed dated February 19, 1997, and recorded at Deed Book 1597, page 38, Mr. Bailey transferred a 12.03-acre portion of the property to Thomas A. Saunders, III, using one development right from that parcel. The property was transferred to its current owner by deed dated January 9, 2002, and recorded at Deed Book 2160, page 330. On the conservative assumption that only one development right stayed with the 12.03-acre residue after the division by RWSA, this property presently contains one development right. Conclusion. The parcels in question together contain up to six development rights. These development rights are retained in addition to parcels that may be divided as a matter of right within the RA zoning classification into parcels of 21 acres or more from the residue. I respectfully request your determination. Please contact me if you have further questions regarding the subject property Enclosures C.c.: George H. Roberts, Jr., Esq. truly yours ara Rowan oyd, Esq.