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M M - The following statements are an assessment of the existing situation: 1) R-lE, Country Estate zoning would be in compliance with the density of up to 3 units/acre outlined for the area in the Comprehensive Plan. 2)• The subject property and other surrounding platted acreage has not been agriculturally developed but rather lies partially cleared with unimproved roads and few single family -homes. A large number of land owners, each holding title to one or more 70' x 130'- lots, served by dirt or marl roads, makes Agricultural use impractical and the present zoning not appropriate. 3) The area is well suited for Country Estate living and the rezoning would result in a substantial upgrading of the existing situation. 4) There are 11 other landowners in Pine Lake Estates. Their one or more lots, constitute one lot of record. One single family residence could be constructed by each of the landowners on their parcels of land. These parcels range in size from one 70' x 130' lot to approximately 2 acres made by a combination of 9 lots. A rezoning of the subject property would have little or.no effect on the use of the lots in Pine Lake Estates which are not included. 5) The applicant is the only land holder in Pine Lake Estates who could conform to the zoning requirements of the Agricultural district. This would result in any single family residence constructed being a non -conforming use. At least three other landowners could conform to the R-lE zoning requirements. 6) Public water and sewer services are not presently available in the vicinity of the proposed rezoning and it is unlikely that these services will be offered in the near future. Development on the small lots would result in numerous wells and septic tanks being placed in close proximity to one another. This could potentially create an unsafe drinking water situation. Approval of the proposed re- zoning will increase lot sizes to a minimum of one acre and further separate wells from septic tanks. 7) Internal roads serving Pine Lake Estates are unimproved, in poor condition and ownership is questionable. While there is no indication of a formal right-of-way dedication, there is an implied dedication to the public resulting from the act of selling the lots and recording the plat in official record Book 123, Page 141. The plat has no official status as a County Subdivision. The applicant has agreed to provide a "Declaration of Right-of-way" to clarify any questions as to road ownership. RECOMMENDATIONS: Staff recommends the following action: 1) Approve the request to rezone the subject property from R-1 and Agricultural to R -1E, County Estate District. 2) Initiation of action by the County resulting in rezoning of the remainder of Pine Lake Estates from R-1 and Agri- cultural to R-lE, in order to have consistent zoning and bring Pine Lake Estates into conformity with the Compre- hensive Plan. A.0 G 18198264 K 51 FAu -