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Planning commission denies Glazed Pine PUD rezoning request
Summary
The Planning Commission voted to deny the rezoning request for Planned Unit Development Mixed Use (PUDX) application 06-14500003, Glazed Pine, after staff and legal analysis found the proposal did not meet multiple ordinance requirements and would yield residential density inconsistent with applicable sections of the zoning code.
The St. Mary's County Planning Commission voted May 29 to deny the rezoning request for Planned Unit Development Mixed Use application 06-14500003, commonly referred to as Glazed Pine. The denial followed staff recommendations and legal analysis indicating the request did not satisfy several zoning-ordinance criteria.
Staff reaffirmed the contents of its April 23, 2007, staff report and recommended deferral or denial. The deputy county attorney provided a legal memorandum, cited by staff, that influenced commissioners' readings of the ordinance.
A commissioner moved to deny the application, citing more than ten deficiencies listed in the staff report and the ordinance's interpretation rules. One commissioner referenced the county zoning-ordinance interpretation provision that the most restrictive provision prevails (identified in the record as section 11.205) and said that sections 32.1 and 32.2 prohibit residential density in the OBP designation relied upon by the applicant. Based on that reading and counsel's memorandum, the commissioner said denial was the only appropriate outcome.
The motion received a second and the commission voted in favor of denial. The chair announced that the motion to deny had been accepted.
The transcript records the commission accepting the staff report, hearing legal argument, and then adopting the motion to deny; the record does not include a roll-call breakdown of individual yes/no votes in the transcript beyond the chair's announcement that the motion was accepted.
Votes at a glance: motion to deny application 06-14500003 — outcome: denied.
