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PC_05-17-06_Meeting_MinutesMEETING MINUTES OF THE • FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on May 17, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; John H. Light, Stonewall District; Gary R. Oates, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors Liaison; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; George J. Kriz, Gainesboro District; Richard C. Ours, Opequon District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Susan K. Eddy, Senior Planner; Mark R Cheran, Zoning Administrator; John A. Bishop, Transportation Planner; Candice E. Perkins, Planner 11; Bernard S. Suchicital, Planner I; Kevin T. Henry, Planning Technician; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. MEETING MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the minutes of April 5, 2006 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Light reported that the CPPS studied the UDA /SWSA boundaries over approximately seven different locations in the County and a recommendation will be presented to the Planning Commission and the Board of Supervisors for those clean -up items. C , J Frederick County Planning Commission Page 1746 Minutes of May 17, 2006 -z- 0 Historic Resources Advisory Board (HRAB) — 05/16/06 Mtg. Commissioner Oates reported that the HRAB discussed the upcoming rezoning for Redhawk Estates. He said the HRAB was concerned about the amount of traffic and development along Sulphur Springs Road; however, the HRAB thought the applicant had gone to satisfactory lengths to preserve the rural character of the existing neighborhood and they recommended approval. Sanitation Authority (SA) — 05/16/06 Mtg. Commissioner Unger reported that the SA elected new officials and Robert Mallory was elected as the Chairman. Commissioner Unger reported three inches of rainfall for the month of April, which is about normal. He said there was one point in April when there was a heavy amount of rainfall at one time and it put considerable strain on the Parkins Mill plant; however, it performed well. He reported that water usage for the month of April was about normal, approximately 4.9 mgd. • CITIZEN COMMENTS Chairman Wilmot called for citizen comments; however, no one came forward to speak. COMMISSION DISCUSSION Discussion of Subdivision 904 -06 of Tyson Drive Extension, from McGhee Drive to Welltown Road, located in the Stonewall Industrial Park No Action Required Zoning and Subdivision Administrator, Mark R. Cheran, reported that this item is being presented to the Planning Commission due to its implications on the planned route for Route 37. Mr. Cheran said plans for the Stonewall Industrial Park do not accommodate the Route 37 right -of -way. He said the proposed road extension will occur from McGhee Drive to Welltown Road and the property is located near the proposed path of Route 37. Mr. Cheran said that in an effort to keep the Planning Commission and Board of Supervisors apprised of the Route 37 right -of -way, site plans and subdivisions which impact the Route 37 right -of -way will be presented for information. Commissioner Oates reiterated comments he made at a previous meeting for the Board of Supervisors to establish a centerline, have it surveyed, and incorporate it into the County's Capital Improvements • Plan. Other Commissioners agreed. Frederick County Planning Commission Page 1747 Minutes of May 17, 2006 -3- C � J PUBLIC HEARING Rezoning 417 -05 of Russell - Glendobbin, submitted by Patton Harris Rust & Associates, to rezone 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for 45 single - family homes. The property is located south and adjacent to Glendobbin Road (Route 673), approximately 3,250 feet west of the intersection of Glendobbin Road and Payne Road (Route 663). The property is further identified by P.I.N. 43 -A -15B in the Stonewall Magisterial District. Action — Sent to Board of Supervisors Without A Recommendation Senior Planner Susan K. Eddy stated that the Planning Commission previously considered this application on April 5, 2006, and voted to recommend denial of the waiver to lift the preservation parcel restrictions on Parcel 43 -A -16. She said the Board of Supervisors sent the application back to the Planning Commission for clarification on the rezoning action: Since that last Planning Commission meeting, however, there have been changes made to the application by the applicant. Ms. Eddy proceeded to explain the differences and fundamental issues between the previous application and the one before the Commission this evening. Ms. Eddy stated that the applicant is currently seeking to rezone just the 31 acres from RA to RP to allow 45 single - family houses; the density of the proposal is 1.44 dwelling units per acre, which is higher than the previous application; and, the application no longer includes the preservation parcel. Moving on to land use issues, Ms. Eddy reported that the subject site is located within the Urban • Development Area (UDA) and most of the site is within the Sewer and Water Service Area (SWSA). She said that any lots formed outside of the SWSA will not be eligible for public water and sewer service. Ms. Eddy said the site is not located within the boundaries of any small -area land use plans. In addition, she said the site has no particular land use designation on the Eastern Frederick County Long -Range Land Use Plan. She said that in absence of any specific plans for this area, a careful evaluation of the general policies in the Comprehensive Policy Plan and the surrounding uses is necessary. Ms. Eddy reported there is orchard use to the north and east of the proposed site and industrial land is adjacent to the south and east. She noted that the Comprehensive Policy Plan calls for separating industrial uses from residential uses; however, this proposal would accomplish the opposite and considerably increase the number of residences directly adjacent to planned and zoned industrial land. Regarding transportation, Ms. Eddy reported that the Frederick County Eastern Road Plan shows the future Route 37 passing south of the property; although it does not touch the property. She said the final alignment of Route 37 has not been engineered and it is possible that the alignment could shift. She noted that placing houses near a planned road would prejudice the County's ability to adjust the alignment of the road, should it be necessary. Ms..Eddy said that the results of a Traffic Impact Analysis (TIA) indicated a Level of Service (LOS) "C" or better on surrounding roads. In addition, she said there are visibility concerns at certain locations along Glendobbin Road and there is challenging topography on the site, particularly on the west side. She added that the applicant will have to demonstrate that acceptable driveways can be accommodated. Ms. Eddy next reviewed the applicant's revised proffer statement with the Commission. Ms. Eddy also mentioned that the Planning Department received a considerable number of letters, emails, petitions, and phone calls concerning this rezoning, both in support and in opposition. She said that since the last Planning • Commission meeting, she has continued to receive more letters, but many of these were from repeat senders. In conclusion, Ms. Eddy believed the application was not consistent with Comprehensive Policy Plan and furthermore, the applicant is seeking a housing type not called for in the County's Long Rand Land Use Plan, nor Frederick County Planning Commission Page 1748 Minutes of May 17, 2006 -4- -� found in this area; she said the site is located adjacent to industrial -zoned and developed land and an active orchard; she. said a dense, residential development is incompatible with these uses and could impact their future operations. Mr. Clay Athey, with the law firm of Napier, Pond, Athey & Athey, was representing his clients, Mr. and Mrs. Glen Russell and the Russell - Glendobbin rezoning application. Mr. Athey talked about the generations of Athey family members who have been in the construction business and the numerous jobs they have supplied for the people in Frederick County. Mr. Athey commented that the property under consideration is clearly within the SWSA and the UDA, which is an indication for persons in the development community that residential housing can be constructed. Mr. Athey said that based on the previous public hearing and comments received from the public and the Planning Commission, his clients modified the application to remove the rural preservation lot from their development plans. Mr. Athey next asked all of the persons in the audience who were in support of the application to stand and approximately 50 people stood. Mr. Athey said that he was aware that the UDA line may be removed from this area. He said that if the UDA line was moved, then the Planning Commission and the Board of Supervisors would likely deny a rezoning in this area. Mr. Athey said they were in a different posture tonight, however, because they were dealing with the current Comprehensive Policy Plan. Mr. Charles E. Maddox, Jr., P.E., Senior Vice President of Patton Harris Rust & Associates, the design and engineering company for this project, came forward to address some of the issues raised by the staff. Mr. Maddox pointed out their plans to use the private access easement serving the preservation parcel as a gated, all- weather alternative access for emergency vehicles. Regarding the separation between residential and industrial uses, he believed the future Route 37 bypass will provide a new planning boundary; he said the design and construction community are in support of Route 37 and are providing for it within their plans. Mr. Maddox described the project as providing transitional lots and was a good planning approach for hierarchal zoning in this area. He said the overall density is 1.45 units per acre, while the traditional single - family neighborhood in the • UDA is 2.3 to 2.5 units per acre. He noted that the UDA allows for up to 5.5 units on a parcel of this size. Mr. Maddox believed this project was low density for RP development, especially with public water and sewer. Commissioners raised the issue of compatibility with the surrounding neighborhood; it was pointed out that 27 homes could potentially back up to the existing eight or nine homes on Union View. The Commission and staff discussed whether the compatibility issue or the UDA designation would be the most predominant element of consideration for this rezoning. Chairman Wilmot next called for public comments and the following persons came forward to speak: Mr. Gregory G. Smith came forward to. speak in support of the Russell's project because the Russells were local builders who supported local businesses. Ms. Suzanne Schneider, a resident at 259 Glendobbin Road in the Stonewall District, came forward to speak in opposition to the rezoning application. Ms. Schneider believed the rezoning was inconsistent with the surrounding area, based on the increased density. She predicted that the entire property would be developed because the cul -de -sac was drawn directly up to the preservation tract. She questioned the adequacy of the roads to handle the additional traffic. She said poor visibility and the posted 55 mph speed limit would lead to accidents. Ms. Schneider believed that safety and the welfare of County residents should be of utmost importance. Mr. Kevin Sites, a resident at 821 Glendobbin Road in the Stonewall District, spoke in support • of the rezoning application. Mr. Sites said that he was one of the first residents on Glendobbin Road, when it was a dirt road, and probably 100 houses have been built since then. He did not think people should oppose additional development afler they have moved into an area. He said that Mr. Russell's project was designed and presented Frederick County Planning Commission Page 1749 Minutes of May 17, 2006 -5- • within the County's requirements and should be approved. Mr. Jeff Smulovitz, a resident at 166 Jennifer Court in the Stonewall Magisterial District, spoke in opposition to the rezoning application. Mr. Smulovitz suggested that Mr. Russell made a bad investment on this property and this should not be a reason for the Commission to approve his rezoning. Mr. Richard Mason, a resident at 356 Chimney Hills in the Gainesboro District, spoke in support of the rezoning application. Mr. Mason said this project will provide proffered money which will benefit the schools, the roads, and basic infrastructure in Frederick County. He also mentioned the tax dollars that the new homes would provide. Mr. Mason believed that VDOT was capable of taking care of the road deficiencies mentioned by those who previously spoke. He stated that the project will provide jobs for the community. He spoke highly of the Russells' integrity and about how they cared about the quality of their homes; he asked the Commission to show support for local builders. Mr. Eric Reid, the Sales Manager for Shenandoah Building Supplies located in the Stonewall Industrial Park, spoke in support of the Russells and the rezoning application. Mr. Reid said that he lives in Hampshire County, West Virginia, and along with other activities, he shops, banks, and recreates locally, and his children go to school here. Mr. Reid questioned why 15,000 square foot lots on water and sewer were not acceptable here when lots can be as small as 8,000 square feet in other areas. Mr. Bradley Katz, a homeowner in the Stonewall District, said that he has been asked by a group of his neighbors to talk about why they are okay with the Russells building homes, but not okay with the density proposed. He said the two major problems are land use and lot size. Mr. Katz said the neighbors believe RP Zoning in the middle of working orchards, agricultural areas, a thriving industrial park, and into the path of Route • 37 was not consistent with the existing land use. Regarding lot size, he said the proposal seeks a minimum lot size of 15,000 square feet, or 1/3 acre; he said the neighboring Glendobbin Ridge subdivision has a two -acre minimum lot size and an average five -acre lot size. Mr: Katz noted that directly on Glendobbin Road, there are approximately 26 homes on 162 acres, which averages to 6.22 acres per property. Mr. Katz said 1/3 -acre lot sizes are not seen anywhere in this local rural area. Mr. James Chapman, a resident at 193 Quaker Lane in the Stonewall Magisterial District, said that he lived on a one -acre lot in this area. Mr. Chapman said it was his understanding that the alignment for Route 37 had not yet been determined and he questioned the appropriateness of approving lots so near to the proposed right -of -way. Mr. Chapman also pointed out that seven of the 31 acres were not within the S WSA; he asked if these lots would be served with well and septic or if the SWSA was going to be extended to cover the additional acreage. Ms. Diane Kearns, a resident at 766 Echo Lane in the Gainesboro District, came forward to speak in opposition to the rezoning. Ms. Kearns said that her family is the adjacent agricultural landowner and she had concerns about the compatibility of agricultural use adjoining RP use. Ms. Keams recommended that the Commission look at the big picture and ask whether this proposal was in the best interest of Frederick County. Mr. Rickie Thweatt, a resident at 148 Orchard View Lane in the Opequon District, was in support of the rezoning. Mr. Thweatt said he looked at the property and he didn't think much else could be done with this property other than building houses. He said with the steep topography, he didn't think anyone could see the houses if there were a few trees. Mr. Thweatt believed this project would be good for the community and local businesses. • Mr. Jon Miles, a resident at 222 Union View Lane in the Stonewall District, came forward to speak in opposition to the rezoning. Mr. Miles believed the reduction from 130 homes to 45 homes was not voluntary; he said the application went from 60 homes on one - half -acre lots to 45 homes on one- third -acre lots. Frederick County Planning Commission Page 1750 Minutes of May 17, 2006 • He believed the new road ending at the preservation lot was intended to serve additional homes. Mr. Miles read a portion of the vision statement in the County's Comprehensive Policy Plan. He pointed out that aerial photographs outlining existing properties clearly showed a.sharp contrast with the Russell proposal. Ms. Melissa Shade, a resident at 147 DeHaven Drive in the Stonewall District, spoke in support of the rezoning application. Ms. Shade said that Winchester was ranked as the 17 fastest growing City in the nation; she argued that progress can not be stopped. She said that progress in and of itself brings a diversity of cultures, an influx of revenue, and jobs to the local area. Ms. Shade said that there are already several projects underway in Clearbrook and she did not understand why this one is being treated differently. . Mr. Ralph Henderson, a resident at 320 Union View Lane in the Stonewall District, came forward to speak in opposition. Mr. Henderson said the emergency access going into Union View Lane wasn't necessary when this property was first subdivided and it was not necessary now; he believed it would only promote additional construction in the area. He wanted to see the preservation parcel remain as a preservation parcel. Mr. Henderson added that the existing homes on Glendobbin Ridge would be looking down into the back yards of the proposed homes. He said those particular eight lots in Glendobbin Ridge were sold as premium lots and there is wooded area behind them. Mr. Henderson said the wooded area adds to the preservation of wildlife in the area. Ms. Sandy Mills, a resident at 115 Marshall Lane in the Opequon District, came forward to speak in support of the rezoning application. Ms. Mills was in favor of the project because the monetary proffers designated for schools would benefit the school system. Ms. Mills believed that controlled and organized growth was good for the community. She said this proposal represents a compromise and she hoped the Commission would consider it with an open mind. • Mr. Raj Parmar, a resident at 247 Union View Lane in the Stonewall District, came forward to speak in opposition to the rezoning application. Mr. Parmar said that if this proposal is approved, the view from his back yard will be of 27 rooftops. He pointed to a back area which was densely wooded and commented that it buffers the entire street and neighborhood from the industrial park. Mr. Parmar didn't think the homes could be constructed without tearing down all of the woodlands and eliminating the entire buffer. Ms. Sherry Tomblin, a resident at 3070 Apple Pie Ridge Road in the Stonewall District, came forward to speak in support of the Russell family. Ms. Tomblin said that Frederick County is not currently supporting the area youth with good affordable housing; she believed the proposed project would fill that need. Mr. Rodney Huff, a resident at 181 Quaker Lane in the Stonewall District, came forward to speak in opposition to the rezoning application. Mr. Huff said his neighborhood community is opposed to the high density and the small lots. Mr. Ulmer, a resident at 368 DeHaven Drive in the Stonewall District, came forward to speak in support of Mr. Russell and his project. Mr. Ulmer said that placing smaller lots next to larger lots is done all of the time; for example, townhouses next to single- family homes. He did not think a decision should be based on Route 37, since no one was certain where and if the road would be built. Ms. Kimberly Salala, a resident at 132 Wilton Drive in the Stonewall District, came forward to speak in oppositionto the high- density development of this project. She said she was representing a large number of residents in the Glendobbin area who were also opposed to this action and will be directly and adversely impacted, should this project be approved. Ms. Salata said the reasons for their opposition were that the project • was incompatible with the existing neighborhood, roads and schools could not support additional development, and there were safety issues. She said the persons who support this project do not live in this area and she did not believe this project was crucial for the survival of their jobs. Frederick County Planning Commission Page 1751 Minutes of May 17, 2006 -7- Mr. Ron Strosnider, a resident at 814 Payne Road in the Stonewall District, came forward to speak in support of the rezoning application. Mr. Strosnider said that he was employed by Mr. Russell and he supported Mr. Russell in this project. He pointed out that Mr. Russell compromised on this project by removing the preservation parcel from the request. Mr. Strosnider thought that using public water and sewer for the lots was better than serving the lots with wells and septic systems. Ms. Donna Strosnider, a resident at 814 Payne Road in the Stonewall Magisterial District, was in support of the project. Ms. Strosnider wanted to speak about the issue of nonconformity. She said that 7/10 mile down to Payne Road, there are homes on half -acre lots; she said an industrial park, several mobile homes, and homes on half -acre lots can be seen from Union View Lane. She said to say this project was non - conforming was a falsehood. Ms. Strosnider requested that the Commission consider the best use of land and prevent urban sprawl. She said these homes would serve a broader base in the community and not cater to the few that would want to close the door on future housing behind them. Mr. Larry Knox, a resident at 465 Glendobbin Road in the Stonewall District, came forward to speak in opposition to the rezoning application. Mr. Knox believed there were many facts that have not been presented to the Commission and should be considered. He said many of these issues involve the previous assessments that were done by the Fire Marshal, VDOT, and the School Board on infrastructure. He said that the uncertain location of Route 37 would also have an impact on the community. Mr. Christian Schweiger, Executive Vice- Present of the Top of Virginia Building Association, came forward to speak in support of this project, especially because it offered affordable housing. Mr. Schweiger raised the question of where starter homes are to be located in Frederick County, if not here. He asked where a • starter home at $100,000 - $150,000 could be found when most of the lot prices are $200,000. He said people need housing, especially teachers, policeman,.and the young people coming out of school. Ms. Darla Barrett, a resident at 307 Cottonwood in the Stonewall District, came forward to speak in opposition to the rezoning application, primarily because of the overcrowding in the County's public schools. She talked about the use of trailers for classrooms in some of the overcrowded schools. Ms. Barrett was concerned that infrastructure in Frederick County was not keeping up with its population. She stressed the importance of schools in the viability of any community. Ms. Cathy Thompson, a resident at 505 Glendobbin Road in the Stonewall District, came forward to speak in opposition. Ms. Thompson believed this was not the area for starter homes; this was an established five -acre neighborhood. She commented that Mr. Russell's Union View property was sold to an outside developer, not a local builder. Ms. Thompson added that this project would not benefit the County or the neighbors. Mr. Robert Duck, a resident of the Stonewall District, presented a sideview mirror from a Ford Explorer that landed in his yard on May 10 at 3:00 p.m. He said the Ford Explorer that ran into his yard was out of control for approximately 80 yards before it came into his side yard. He said a vehicle approaching from the other direction would have less visibility and would have been helpless to avoid the careening Ford Explorer. Mr. Duck believed Glendobbin Road was an unsafe road based on the six previous incursions into his yard. He said any additional traffic on this road, aside from causing the little inconveniences he now deals with, such as picking up glass, mowing over the ruts, and repairing his fence, will turn into head -on, fatal collisions. Mr. Duck said the access road for the proposed subdivision comes in on a very steep section of Glendobbin, about 300 feet from the entrance to Union View. He noted that the visibility was very poor and the stopping distance would be • about 300 feet. Mr. Duck said this project made no compromise for safety. Frederick County Planning Commission Page 1752 Minutes of May 17, 2006 am • Ms. Roxy Ostlund, a resident on Union View Lane in the Stonewall District, doubted the applicant's claim that the project would consist of starter homes; especially since the applicant could not provide the intended square footage. Ms. Ostlund again mentioned the subject of the legal issues, raised by attorney Steve Petler of Harrison & Johnston, regarding the applicant's proposed second access, via the 50 -foot private access, and the fact that at this point in time, Mr. Russell is not assured the right to use this property for a second access. Since everyone who wished to speak had been given the opportunity to do so, Chairman Wilmot closed the public comment portion of the meeting. Mr. Maddox returned to the podium to address some of the citizens' comments. Mr. Maddox said the two 200,000- square -foot lots outside of the SWSA, are planned to have on -site septic fields and wells, if the Sanitation Authority can not serve the lots. He added that the single- family traditional home being proposed for this project is the largest lot outlined in the RP Zone with water and sewer. Mr. Athey returned to the podium to state that the decisions made by the Planning Commission with respect to the Comprehensive Policy Plan are relied on by investors; he said the Comprehensive Policy Plan is a statement by the governing body that this is an area where developers can invest money and realize a return, if procedures are followed. Mr. Athey pointed out that the Russells purchased property within the UDA; he commented that he knew of no rezoning petitions in the recent past that have been turned down when they were clearly within the UDA. Mr. Athey added that this project was a viable compromise, from 130 lots to 45 lots, and insures that concerns expressed at the initial meeting, centering on the development of the Rural Preservation Lot, have been addressed. Commissioner Oates explained to the citizens that they could not expect an adjoining property • owner to forfeit their property rights after the existing residents have constructed their home; he assured them additional homes will be constructed. Referring to the woodlands strip, Commissioner Oates commented that it provided a beneficial screen between an industrial park and a residential area. He said he did not see anything in the applicant's proposal indicating that a portion of the woodlands screen would be saved. Commissioner Oates doubted the possibility that this project's homes would be starter homes because of the amount of money it would take to develop the property. In conclusion, Commissioner Oates said his final concern was the density and he did not believe there was a compromise because the project area was reduced. Commissioner Oates said that he could not support the project at its current density. Commissioner Morris said the issues of consistency and compatibility remained for him, especially in light of the fact that the RP Zoning classification allows a broad range of development options. He said that because RP can contain everything from apartment buildings to mansions, interpreting the subject of compatibility was difficult. He thought the Commission was being asked to ignore the compatibility and consistency issues in order to accommodate a return on investment. He suggested that a return of that investment could be at the expense of the neighboring high -value land owners, as well as the adjoining agricultural property. He was not in favor of 27 homes backing up to eight existing lots. Commissioner Light stressed the importance of using the Comprehensive Policy Plan for making decisions on development, especially regarding the issue of compatibility with the surrounding area. On the other hand, he pointed out the UDA designation in this area, which provides the opportunity for development. Commissioner Light suggested a possible scenario would be for the applicant to use both tracks of land, including the residual parcel, and develop those two parcels into two -acre lots under the RP Zoning. He explained the RP Zoning would provide the protection of buffers and screening and the ability to utilize water and sewer. Commissioner Light said if he lived in this area, he would be more comfortable with a well- maintained two -acre • development rather than a scrubland area with an uncertain future. He said this would provide the developer with a viable density and guarantees how the area will develop. Frederick County Planning Commission Page 1753 Minutes of May 17, 2006 am Commissioner Unger did not think it was fair to tell an applicant they had to develop two -acre • lots within the UDA; he said the UDA and SWSA were intended to accommodate smaller lots. He said he would have preferred less than 45 lots, but would go along with the proposal because the preservation lot was removed from the project. In addition, he wanted to see a 200 -foot protection area from the orchards. Commissioner Triplett expressed concern with mandating a certain sized lot within the UDA when the County has previously urged the use of smaller lots within the UDA, where water and sewer are available. Commissioner Triplett said that he was opposed to developing the preservation parcel and since that has been removed from the project, he felt he could go along with the proposal. Commissioner Kerr did not believe this development would have a large impact on the school system, based on the impact model's 31 projected students and dividing them up between high, middle, and elementary schools. Commissioner Kerr added that the County has indicated that residential housing should go within the UDA and the applicant is following the rules the County has set forth. Commissioner Oates made a motion to deny the rezoning application because it was not consistent with the Comprehensive Policy Plan's guidelines for compatibility, particularly with placing a high - density housing adjacent to an established two -acre lot development and with placing residential lots adjacent to M1 Zoning. This motion was seconded by Commissioner Light. The motion was defeated, however, by the following tie vote: YES (TO DENY THE REZONING) Light, Oates, Moms, Watt, Wilmot NO: Mohn, Kerr, Triplett, Manuel, Unger • (Commissioners Thomas, Ours, and Kriz were absent from the meeting.) A new motion was made by Commissioner Unger and seconded by Commissioner Kerr to approve the rezoning application because the property was within the UDA and the SWSA. This motion was defeated, however, by the following tie vote: YES (TO APPROVE THE REZONING) Mohn, Kerr, Triplett, Manuel, Unger NO: Light, Oates, Moms, Watt, Wilmot (Commissioners Thomas, Ours, and Kriz were absent from the meeting.) Another new motion was made by Commissioner Morris, seconded by Commissioner Triplett, and unanimously passed to send the rezoning application forward to the Board of Supervisors without a recommendation. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously agree to send Rezoning Application # 17 -05 of Russell - Glendobbin, submitted by Patton Harris Rust & Associates, to rezone 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for 45 single - family homes, to the Board of Supervisors without a recommendation. . (Commissioners Thomas, Ours, and Kriz were absent from the meeting.) Frederick County Planning Commission Page 1754 Minutes of May 17, 2006 -10- ADJOURNMENT unanimous vote. There being no further items for consideration, the meeting adjourned at 9:00 p.m. by a Respectfully submitted, h lUjvv-&z Wilmot, Chairman Lawrence, Secretary • 0 Frederick County Planning Commission Page 1755 Minutes of May 17, 2006