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00062 Staff felt the applicant had not provided sufficient evidence to .meet the re- quirements set out in the Zoning Ordinance in Article 4.2.3.b for water and sewer or in Article 4.2.3.e which indicates that the maximum amount of land zoned to OI classification shall not exceed five acres. The Planning Board found that the request from Mr. Horton did not represent a normal situation because of the industrial research type project proposed and that the applicant had met all the requirements of the Ordinance. Commissioner Marshall noted that when you are rezoning land you are not working with the individual and that something is needed in the Ordinance that is between the planned unit development regulations and a rezoning. It is a risk you take when you approve a rezoning without planned development because of the uncertainty of the type of development that will actually take place. Commissioner Walker expressed concern for the legal ramifications of treating different applications differently instead of applying the ordinance to everybody equally. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the recommendation of the Planning Board. Chair Willhoit asked for a clarification on the requirement of the Ordinance for commitment for water and sewer and questioned the support of the Town for the rezoning only if the desired flexibility could be maintained. Mayor Frank Sheffield stated that the Town of Hillsborough took the position of supporting the rezoning on the basis it felt the location to be desirable for an Office/Industrial Park and the Town Board did make a commit- ment to provide water and sewer service to the site subject to the approval of the plans and specifications by the Town and the State. Chair Willhoit noted that in the past, the Board had not: entertained a straight rezoning and questioned if a change in this policy wou7_d pertain to like decisions made in the past in encouraging people not to seek a straight rezoning but to apply for a planned development. Attorney Geoffrey Gledhill indicated that the statute of limitations had already run on those past decisions. VOTE: AYES, 4; NOES, 1 (Commissioner Marshall) . 7. JAMES I. FREELAND REZONING REQUEST Marvin Collins presented for consideration a proposed rezoning request for 1.5 acres of land located along Faucette Mill Road north of Hills- borough. The present zoning is A-R, while the requested designation is R-4. The Planning Board recommends denial on the basis that the criteria for rezon- ing have not been satisfied. The applicant did not satisfy Article 4.2.3.b or Article 4.2.3.c. On the basis of two negative findings, motion was made by Commission- er Carey, seconded by Commissioner Marshall to deny the request for the rezoning. VOTE: UNANIMOUS. 8 WEST- TEN MOBILE PARK-PLANNED DEVELOPMENT-HOUSING/SPECIAL USE PERMIT Marvin Collins presented for consideration a proposed Planned Development-Housing/Special Use Permit (R-1) application for Darrell Garrett and Waylon McFarland for 37 acres of land in Cheeks Township. The purpose of this request is to permit construction of a 40-unit mobile home park. The Planning Board has found that the application does comply with the general standards, specific rules, and required regulations and recommends approval of the request with the conditions listed below: