HomeMy WebLinkAbout01-20 ApplicationAPPLICATION FOR
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
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Michael T. Ruddy
Director of Planning and Development
Frederick County
Department of Planning & Development
107 North Kent Street, Suite 202
Winchester, VA 22601
Phone: 540-665-5651
mruddyna,fcva.us
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Date Received `�
Completed Application Date
Director of Planning and Development Approval Date
This is an application for landowners interested in
participating in a Transfer of Development Rights
(TDR) Program offered through Frederick County.
The purpose of the TDR Program is to promote
the protection of agricultural lands and open
spaces located within the County's sending areas
by transferring residential dwelling units to the
County's designated receiving areas that are
capable of accommodating planned residential
growth.
Along with this application form, please submit the following:
Deed A copy of the original deed with
the deed book and page number
stamp, under which the owner
acquired the property.
Is there a lien held on any of the parcels included
in this application (including, without limitation,
holders of deed of trust liens and judgment liens)?
If yes, please attach all lien information with this
application.
V yes no
Survey/ A surveyor plat must accompany the
Plat deed.
Deeds
of Trust If there are any deeds of trust
(including mortgages) on the
property, a copy of the original deed
of trust with deed book and page
number stamp.
What is the type Sole Owner Partnership V Limited Liability Company
of ownership? Husband & Wife Corporation Other:
TDR Application Form
Page 1
Transfer of Development RiEhts Application
Frederick County Department of
Planning & Development
Owner's Full Name 794HL, LLC (William A. "Beau" Bassler, manager and sole member;
Mailing Address
Street 30 South Cameron Street
City Winchester State VA Zip 22601
Email beaubassler(a)basslerlegal.com Phone 540-450-3333 or 540-327-7001
Additional Owner's Full Name
Mailing Address (if different than above)
Street
City State Zip
Email Phone
Additional Owner's Full Name
Mailing Address (if different than above)
Street
City State Zip
Email Phone
Additional Owner's Full Name
Mailing Address (if different than above)
Street
City State Zip
Email Phone
TDR Application Form
Page 2
Transfer of Development Rights Application
Frederick County Department of
Planning & Development
PROPERTY INFORMATION
If you need help filling any of this information out, please contact the Planning Department. 540-565-5651
Below, please list the Property Identification Numbers and acreage for each contiguous parcel.
How many contiguous parcels are part of this application?
1s' Property's Tax Map Identification 39-A-89
2nd Property's Tax Map Identification 39-A-3
3rd Property's Tax Map Identification 39-A-2
4th Property's Tax Map Identification 39-A-5
Magisterial District(s) for Parcels 1-4: Back Creek
Zoning District Classification(s) for Parcels 1-4: RA
Acreage 167.9947
Acreage 241.4094
Acreage 379.341
Acreage 22.5152
Are the parcels or parcel currently in Land Use? Yes, forestry
What is the current use of the property(s)? Residence, recreation, forestry
If the parcel(s) have an assigned address, list to the right.
Street 800 Hedrick Lane
City Winchester
Are there any existing dwelling units located on the property? V Yes No
If yes, now many? 1 (located on 39-A-89)
Are there any other buildings on the property(s)? Yes No
If yes, provide the type and number. 2 barns, 2 Sheds, 1 sPnn9house; 1 cabin (not habitable)
i p VA
Are there any existing easements or deed restrictions affecting this nroperty? (eg. powerline corridors,
access easements, conservation easements, etc.) Yes ✓ No
If yes, please describe briefly. There are no recorded easements other than my R/Ws to access the above parcels.
How many density rights (number of dwelling units) do you plan on retaining on the site for existing or
future development? If multiple contiguous parcels are included in the application, provide the number
of retained rights desired for EACH parcel. 39-A-89 = 2; 39-A-5 = 1; 39-A-3 = 3; 39-A-2 = 4
TDR Application Form
Page 3
Transfer of Development Rights Application
Frederick County Department of
Planning & Development
PROPERTY QUALIFICATION
If you need help filling any of this information out, please contact the Planning Department. 540-665-56.51
SENDING SITE CRITERIA:
I believe the property would qualify as a sending site because it contains one or more of the following
public benefits as defined in Chapter 165, Article III —Transfer of Development Rights Program:
✓ Zoned RA (Rural Areas), from which development rights have not already been purchased.
✓ Located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA)
✓ Designated in the Frederick County Comprehensive Policy Plan as Rural Areas.
Designated as an authorized sending property on the Frederick County Sending Areas Map.
✓ Consist of at least twenty (20) acres of land under common ownership.
✓ Be subdividable in accordance with Chapter 144 of the Frederick County Code, including but not limited to
state road and access requirements.
TDR Application Form
Page 4
Transfer of Development Rights Application
Frederick County Department of
Planning & Development
ESTIMATED DENSITY CALCULATION Please see attached draft numbers by Candice Perkins
for TDR Calculations for 39-A-2; 39-A-3; 39-A-5; & 39-A-89
We ask that you complete this worksheet to assist yourself and the Planning Department with evaluating the
property. This is not a binding determination of the number of development rights a particular parcel may
qualify to transfer.
To estimate the number of development rights that can be transferred from a sending site, the total area
available for transfer must first be determined. The area available for transfer is the total sending site area
minus a number of possible deductions (listed in Step 1). Then the transfer area is multiplied by the base
density for the zoning district of the sending site.
Any fractions of development rights that result from these calculations shall not be included in the final
determination of total development rights available for transfer.
Step 1. Deductions:
square feet in existing conservation easements or similar encumbrances
square feet in submerged lands (i.e. lakes, rivers)
square feet of land area required by the zone for existing or proposed
development (existing dwelling units and proposed dwelling units)
Total Deductions (in square feet)
Step 2. Sending Site Area Calculation:
subtract
Step 3. Convert Area to Acres:
total area of sending site (in square feet)
total deductions (in square feet)
Total available sending site area (in square feet)
total available sending site area (in square feet) from Step 2.
Divide by 43,560 square feet per acre
Total sending site area in acres
*Include a separate calculation form for each individual parcel.
TDR Application Form
Page 5
4/22/2020 William Aun� •st Bassler, PLC Mail - RE: '[External]'Re: '[External]'R-- '[External]'DRAFT TDR application
U—M il Be-m Basler' k�c..�rib�< ltr��ba 5l rle,,-aal.c.om�
RE: '[External]'Re: '[External]'Re: '[External]'DRAFT TDR application
Candice Perkins <cperkins@fcva.us> Fri, Apr 10, 2020 at 1:58 PM
To: Beau Bassler <beaubassler@basslerlegal.com>
Beau,
There's probably a few ways we have differences.
1. The one parcel that was 8.6 acres needed to be removed, parcels are counted on their own
2. Each property is counted on its own, so if you did a gross total its going to be different.
3. We use our GIS mapping to take out streams which have a riparian buffer around them, floodplain, ponds and ROW/easements.
I do need to update the definition to move away from the squarefootage calculations — just using acreage will be in the updated
application.
Here are our preliminary (draft) calculations for each parcel using our GIS:
(draft) Sending Property TDR Calculations for PIN: #39-A-2:
Total Area = 379.34
Area in Pond = 0
Total Eligible Area = 379
Total by right density = 75
Rights Retained = 4
Property is Located in Sending Area #3 (1 Density Right =1 Dwelling Unit)
Density Rights Available (TDR Sending Area 1) for Transfer = 71 rights (draft)
(draft) Sending Property TDR Calculations for PIN: #39-A-3
Total Area = 241.41 acres
Area in Pond = 0.10 acres
Area in Streams = 4.26 acres
Total Eligible Area = 237 acres
Total by right density = 47 lots
Rights Retained = 3
Property is Located in Sending Area #3 (1 Density Right =1 Dwelling Unit)
hftps://mail.google.com/mail/u/0?ik=939cal b68b&view=pt&search=all&permthid=thread-f%3A1663609352529484480&simpl=msg-f%3A16636093525... 1/6
4/22/2020 William Ai • -t Bassler, PLC Mail- RE: '[External]'Re: '[External]'P "External]'DRAFT TDR application
Density Rights Available (TuR Sending Area 1) for Transfer = 44 rights (draft)
(draft) Sending Property TDR Calculations for PIN: #39-A-5:
Total Area = 22.52 acres
Total Eligible Area = 22 ar_.res
Total by right density = 4 lots
Rights Retained = 1
Property is Located in Sending Area #3 (1 Density Right =1 Dwelling Unit)
Density Rights Available (TDR Sending Area 1) for Transfer = 3 (draft)
(draft) Sending Property TDR Calculations for PIN: #39-A-89:
Total Area = 167 acres (-- 16 0 Cares c qq Jj go&.^d L ,"\e. �Jws 6-&e
Area in Right of Way = 3.36 acres
Area in Floodplain = 0.02 acres
Area in Ponds = 1.33 acres
Area in Streams = 7.74 acres
Total Eligible Area = 154 acres %SS CcClt°s
Total by right density = 30 lots 3 to k Q RLA
Rights Retained = 2
Property is Located in Sending Area #3 (1 Density Right =1 Dwelling Unit)
Density Rights Available (TDR Sending Area 1) for Transfer = 28 (draft) —2 Q /o DSS
a&4/- F L%4
Let me know if you have any questions about the calclations.
Candice
Candice Perkins, AICP, CA
Assistant Director
Frederick County Department of
Planning & Development
107 North Kent Street
Winchester, Virginia 22601
Phone: (540) 665-5651
https://mail.google.com/mail/u/0?ik=939cal b68b&view=pt&search=all&permthid=thread-f%3Al663609352529484480&simpl=msg-f%3Al6636093525... 2/6
Transfer of Development Rights Application
Frederick County Department of
Planning & Development
Step 4. Estimate Available Development Rights:
To determine the development rights available for transfer, multiply the total sending site acreage from Step
3 by the base density of the zoning district. The base density listed is for transfer purposes only and do not
imply actual development potential of a parcel.
Sending sites zoned:
RA (Rural Areas) District
Permitted Bonus Density:
*Sending Area #1
*Sending Area #2
*Sending Area #3
Estimated Available Development Rights
147
Base density
1 right/ 5 acres
2 rights / 5 acres
1.5 rights / 5 acres
1 right/ 5 acres
Any fractions of development rights that result from these calculations shall not be included in the final
determination of total development rights available for transfer. Total available development rights
calculated shall be rounded down to the nearest whole number.
The estimated number of available development rights calculation is provided to assist you with evaluating
the property and developing your management goals. This is not a binding determination of the number of
development rights a particular parcel may qualify to transfer.
APPLICATION CHECKLIST Is the following information attached?
`/ Legal Description of the Property
`/ Valid Survey
Title Report
Property Sketch or Site Plan - showing all existing and proposed residential units and other buildings, and
any existing easements on the property
Verification of Taxes Paid (receipts from the Treasurer's Office)
Zoning Ordinance Violation Inspection from the Planning Department I did not obtain this due to
restrictions on entering the office. Please let me know if I need to get this.
Application Fee of $300 payable to the Treasurer of Frederick County (fee includes staff review of the TDR
application and the issuance of a TDR Letter of Intent)
TDR Application Form
Page 6
Transfer of Development Rights Application
Frederick County Department of
Planning & Development
PROPER]rY OWNER C.ERTIFICATI[ON
I hereby certify that the information furnished on this application and the attachments are true, that I am the
legal owner of the property described above, that I have marketable title to the property, and that I have the
legal right to restrict the use of the property. I grant permission to Frederick County to seek an update from
the Title Company prior its issuance of a Development Credit Transfer Certificate.
y 23 2�zo
Signat r of caner pplicant) Date
V'111il iam A. "Beau" Basslar
010 74YH1, LLG
Signature ofCo-Owner (Co -Applicant) Date
TDR Application Form
Page 7