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Public Hewing: January-2 4 Petition: Rezone 10638 February 25, 2014 Staff Report Zoning Amendment. Town/sect oeij 7 4, A-1 EX Exclusive Agriculture Christiana District to RH-1 Rural Homes Section 27 Zoning and Land Regulation Committee District and A-4 Small Lot Agriculture District Acres:6.8, 24.2 Applicant Survey Req. Yes Gerald Scott Polster Reason: Creating two residential lots and Location: two small agriculture lots South of 616 County Highway B Pry 1r,Ce.POtx ( idtx LiAt !To RH-1 j : To RH-1 To A-4 v ,, TO A-4 I DESCRIPTION:Applicant proposes to create two new residential parcels and two agricultural parcels. The prospective buyer of the easterly residential lot will need to obtain a density unit from the neighboring farm owner in order to create the building lot.The buyer proposes to farm approximately 7 acres of the proposed 12 acre easterly A- 4 parcel. OBSERVATIONS: The majority of the property is wooded. The western 2/3 of the property consists of Class II soils. No other sensitive environmental features observed. TOWN PLAN:The property is located in the town's agricultural preservation area. The town plan includes a provision allowing for transfers of density units between different properties on a case-by-case basis, provided any such transfer promotes the town's goal of protecting farmland. Note that the town does not count A-4 zoned parcels as a split RESOURCE PROTECTION: There is a small area of resource protection corridor located on the-19 acre A-4 parcel. No development is proposed on that parcel. STAFF:The property owner is eligible to create one(1) residential lot on the-40 acre parcel(westerly RH-1 lot). The prospective buyer of the easterly RH-1 and A-4 lots is purchasing a density unit from the neighboring farm owner,who is eligible for five(5)splits from the same original farm unit(Munson). Attached are the relevant provisions of the town plan addressing transfers of density units. The proposed purchase/transfer of a density unit appear to meet the town's criteria for such transfers. Staff recommends that approval of the petition be conditioned upon recording of notice documents and deed restrictions on the sending and receiving properties as specified in the town plan. TOWN: Approved as amended,with conditions. Note: The request has been revised to expand the easterly A-4 parcel from 5 acres to 12 acres. 2125 ZLR Action: Motion by Kolar/Hendrick to recommend approval with condition and amendment; motion carried,5-0.YGP:2-0. 1. A notice document and deed restriction shall be placed on the affect lots to identify a transfer of one housing density right has occurred as part of the Zoning Petition. 2. The easterly A-4 lot shall be increase to 12 acres in size.