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y ' t TO: File FROM: Mark Roffers DATE: March 31, 1998 97-- SUBJECT: Density Issues Surrounding Rezone...7-1-79---- On March 25, I spoke with Susan Fuller who represents Mrs. Salisbury. Mrs. Salisbury owns 80 acres north and northwest of the area proposed for rezoning under Petition 7 . Ms.Fuller and I discussed the number of splits remaining on the property given the density policy expressed in the Town of Montrose Land Use Plan and the history of the area. We briefly reviewed the history of the property. Our records suggest that 160 acres were owned by Emil Legler in 1978--the year Montrose adopted Exclusive Agricultural zoning. The land was subsequently sold off and is now in three separate ownerships. In 1982, Rezone 2928 was approved for 40 acres of the original Legler property then owned by Thorpe. This created an R-1 lot, with the residual being rezoned to A-2. The attached adopted ordinance suggests that no deed restriction was placed on the A-2 residual at the time. I explained that more research may have to be done to conclusively determine if there is in fact a deed restriction. If not, I explained that, from the perspective of County zoning, Rezone 2928 would allow construction of two homes on that 40 acres if other prnance standards are met. As 'Pct- D'Sw.. r4 LJ �JG. .v[3&L cXV 7 r-hs A4O I-IA.. NJT ,.o'i U) ONE ONE 1J 3a�OLGAr 4�.-�L/W c 'G'�Sn.UC rt- rP�L LQr- Statz now owns <40 acres east of Speedway Road, formerly in the Legler farm. Rezone petition so �NnL 'A ;7179 would rezone a portion of that<40 acres to RH-1 for the homesite, and the residual would cs v'. be rezoned to A-2 (perhaps with a deed restriction preventing development on that residual). z-frt.s `t Li �' Salisbury owns 80+acres north of these two 40s. They are currently farming the land and L u a'IL-1 occupy a residence on the property. c `140,46 lYtt- I explained to Ms. Fuller that, based on the above information and the town plan, the 160 acres that was once the Legler farm had a total of four splits. I added that it appeared to me that, if .119 2j-74-79-is approved, three "splits"will have been taken. I noted that it was unclear from my review of the plan whether the Salisbury farmhouse constituted the fourth"split," or whether it would have to be divided and sold to a non-farmer to constitute a split under the town's policy. On March 31, John Sayles from the Town of Montrose Plan Commission called me. He indicated that Mrs. Salisbury me A}tl1the town to express her concern over potentially not having any splits remaining if-719'is approved. I explained the nature of my conversation with Ms. Fuller. The point of confusion is whether the A-2 zoned Thorpe property is or should be a buildable property. Apparently,the town thinks that it shouldn't be or shouldn't have been. I explained that my brief review of the situation suggested that, from the county's perspective, it was probably a buildable lot unless other evidence (e.g., deed restriction)to the contrary was later revealed. y A c0►..-1 ?h S - y/7 " A^ 4 °Na`, ONc oc TV.0 A-Z oa- 12.--1 P012i71a,• oG -n-Le -T44GP& - A2 24i 424444,& u►(TI— A C. iS 12. -wtO&, t AtA`! 71 - . DI'ft 0,.-V Cg NINE- 071419Z- I suggested to Mr. Sales that, in the town's decision on 7-179, it should make clear what its policy or intentions are regarding any future splits on the former Emil Legler farm.