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HomeMy Public PortalAbout1990_02_19SPECIAL MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 19, 1990. A special meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on February 19, 1990 at 7:00 p.m., pur- suant to notice thereof having been delivered to all councilmembers prior thereto. The purpose of this meeting was to discuss the Leesburg Zoning Ordinance suggested amendments. Present were Councilmembers James E. Clem, Christine M. Forester, Don- ald A. Kimball,William P. Mulokey and John W. Tolbert, Jr.; also Town Manager Jef- frey H. Minor, Planning Director Katherine Imhoff and Planner Sally Vecchio. Absent from the meeting were Mayor Robert E. Sevila and Councilmember Claxton E. Lovin. The meeting was called to order by Vice-Mayor John W. Tolbert, Jr., who stated the purpose of the meeting and asked Councilmember Forester to preside. Mrs. Forester asked Ms. Imhoff to explain what would be forthcoming in the regular meeting packet for next week. She explained that staff met last week with members of the develop- ment community who had really gone through the proposed Zoning Ordinance page by page looking for some policy issues and for corrections for consistency. There were 62 comments and staff is responding to these comments - most of them being typos and corrections for consistency. Those will be ready for the committee meeting on Wed- nesday. Mr. Minor explained that there were two of those meetings, essentially arranged between Mayor Sevila and Terry Titus - both attended the first meeting, but missed the second one. Eric Zicht attended one meeting and Mike Banzhoff and a Mr. Thistle of Dewberry and Davis attended the other. Mr. Minor explained further that they want to look at this document from a technical perspective. These engineers, along with the Town's planning staff, have to make whatever document that is adopted function and work. They wanted to identify any inconsistencies or problems and give staff an op- portunity to address them. There were 40 to 50 changes to be made to the document as a direct result of those meetings. Mr. Mulokey asked the intent in the treatment of Group Homes. Ms. Imhoff said there was a typographical problem - it is not correctly into all the districts where it is supposed to be. It is supposed to be "by right" in two districts - the resi- dential in the R-1 and be by special exception in all other residential districts - with the exclusion of the RHD. That changed the way the group homes are being treated it greatly liberalizes our current Zoning Ordinance. There is draft legislation in the General Assembly which would make group homes of a certain size o they should be treated exactly like single-family detached dwellings. That legislation has not yet been passed, but we wanted the Council to be aware that there may be General Assembly ~ legislation that requires them to be treated"by right"in all residential districts. For right now, the intent was, in the larger residential districts with the greater den- sity, to have them "by right" in RE and R-1 and to be by special exception in all the others of lesser density. The "line" under Group home means it had been left out pre- viously. There were some residential districts that it was not in. Mr. Clem asked why can't we have booster stations and pump houses, etc. as a utility use? Ms. Imhoff said she believed in some districts M~u can have, but some of the larger boxes have been unfortunately placed in some residential developments, so there was a desire to have a way to review location and placement - that's why the special exception process was shown. One of the comments is that it is not clear that you can have certain electric facilities by right as part of your development this needs to be cleared up. There was also a recommendation that there be some making of transform~ boxes a minor utility rather than a major one. Mr. Minor said both of these are special ex- ception uses -the town has to approve all the town's~utilities anyway. So that is another layer of approval. We are not talking about water mains, sewer mains and other conventional electric lines under the ground (things like that). We meed to improve the definitions of public utilities facilities. ~lr. Clem said that Geor~ela~ for example, would have to go in for a special exception - they will need both of those item, s they will need a booster station and a pumping station. Ms. imhoff said thev would not need those for their whole development, but for their public utility use for Council to have a review on its location they would need to get a special exception from Council for just the public utility placement. ~r. Minor said that will h~ve to be changed in the R-2 District to permit public utility facility major as a special exception, i~e are already dealing with those issues. Mr. Clem asked why can't we also include schools for special arts - that might be only 15 to 20 students? >is. Imhoff said the concern on the part of the Planning Commission is that, while there is some public review through the CIP and the budgeting process about schools, the smaller schools can pose an interesting dilemma in some residential neighborhoods. it is felt that a residential neighborhood should really be voted for residential neighborhoods and not h~ve an aerobic class going on next door, or karate, etc. 'fhere are enough opportunities in the commercial districts and in other ways to have schools of special instruction. ~lr. Clem did not consi,~er those a~schools of the arts. l~hy couldn't these be a "by right" use ~ there are only a limited num- ber in attendance. }~r. >[ulokey said he would not like to buy an expensive home and have a school next to him, where there would be a lot of traffic going back and forth every day. Mr. Kimball reminded that this particular density is one dwelling 5O unit for three acres - that's a large piece of property. Ms. Forester said a school of special instruction would be a large school with a lot of special things going on night and day. She would want to review the traffic and the impact on the neighbor- hood, etc~ Mr. Mulokey said this is not a home occupation. Mr. Clem said you are talking about a large plan - somebody has a large amount of acreage and will put a school n it. Mr. Mulokey commented that somebody with a three-acre lot in a nice subdivision could put in a school of ballet, with 20 students coming in every day. They could do that by right and the neighbors could come and ask why we let that hap- pen? Mr. Kimball questioned "dwelling accessory" - he was not sure what that meant. Does this mean a shed or something of that kind? Mr. Clem said you could put in a garage to store antique cars - could he not do that? Ms. Imhoff explained that "dwell- ing accessory" is intended to be, in some districts, an opportunity to convert your garage to a rental apartment or a "granny flat" or to take a portion of your property and put a smaller dwelling unit on it. It was an opportunity to allow some sort of creative development and redevelopment of some properties - it is a residential use and there are special exception criteria associated with it. It is a special exception use in all districts where it is even permitted. Mrs. Forester said the Planning Com- mission is very interested in terms of trying to get some affordable housing on larger lots - the opportunity for a mother-in-law flat or that kind of thing. It sets out some guidelines that sa~ we don't want the residential character to be changed - we don't want parking to occur in front of the lots - those kinds of things to be looked at in terms of a site. Mr. Minor said the lot can't be subdivided. He gave an example of this, where it was a very elaborate and a very costly process. We used to have this in a lot more zones and saw that it really only fit in a couple of zones. Certainly a three-acre area is one of the more compatible areas. It is not subdivided and can- not be subdivided - they have certain yard requirements to be met, etc. It is a special exception, so you will look at every one of them. Mr. Tolbert had a question concerning "home occupations." This goes on and on - can't some of this be eliminated? Ms. Imhoff said they questioned whether this should be included in every district, or should it be taken out of the district and that sec- tion of the Zoning Ordinance would stand on its own? Ms. Imhoff explained that, if you apply for a home occupation permit, you will have to be assessed for it - do we show that in each district? Or should we take it out of every district and that sec- tion of the Zoning Ordinance would stand on its own. Mr. Minor felt it should con- tinue to be listed as a permitted use. We have strengthened and clarified our Home Occupation ordinance - it is in here, but is separate. Mr. Kimball referred to the fact that the ordinance says "public use is a permitted user The definition is pretty clear - would not some non-profit organizations fall under the heading of "community service?" Ms. Imhoff said they might, but if you look at the public use definition, it's pretty clear that it is government-oriented defini- tion. We were really not addressing private non-profits - we would treat this as we would a regular business. As to whether this is proper, she felt this is a policy de- cision for the Council. Ms. Imhoff said they don't look at so much what the intent of the business is or the market they are serving, but they look at the land use impacts It would be difficult to distinguish between some private non-profits and how they are run and for-profit agencies - they would have the same amount of traffic, they might look the same and have the same hours of operation. There is maybe a greater public service posed by one, but some private non-profit uses might have a larger impact than a private use. Mr. Mulokey asked if there isn't some degree of answer- ability to the public a public use such as the town or the county has to answer to the public and the voting public, whereas a private use would not have to answer to the voting public - they would basically do their service for the way they see best. Mr. Kimball felt it is difficult to set that out -there are a lot of organizatiom that basically provide a public service. Mr. Minor gave as an example The Woman's Shelter" office that was going in on King Street in a residential area. That service could be operated by government, but it wasn't. They probably have less development growth in the R-E than any place. Mr. Kimball suggested that it might b~appropriate to have a category that speaks to non-profits. Mr. Minor said there are many-offices office as a use - this can be a municipal or a county office, it could be an office of the Red Cross, Uni. ted Way, YMCA - there are many. Mr. Kimball said it would be difficult to categorize them all, but there might be a category that would be appropriate here. Mr. Minor did not think we distinguish that - if you operated a YMCA office, you would look for office use as a permitted use. We have not distinguished as to how you are the ownership~e only do it because, before they do something, they are going to hear from somebody. The Fire Department is a good example - they go in and make those de- cisions themselves. We should get back to you on that. Mr. Kimball suggested that we need some definitions that are more clear. Mr. Minor said this broadens the ~m- ber of uses that are permitted in some zones. Mr. Mulokey said a community recreation MINUTES OF SPECIAL MEETING, FEBRUARY 19~ 1990. 51 facility calls to mind a certain type of building and activity, a certain level of noise, traffic, etc. A library is similarly school. Likewise, a golf course or community center - each of those have to do with the activities and the intensity of traffic, etc. This term "public use" does not really fit with that group. Public Use really distinguishes who owns it, rather than what's going to happen on the property. Ms.. Imhoff said this is good observation - the only thing they saw was that Council does have a public review function through looking at the bud- get and other funding mechanisms - where you don't with the others. This is the dif- ference that should be made. Mr. Minor said the engineering community raised this question - our public use definition is too broad. We are opening up anything - if the County Government wanted to come in here and put the County Government Center (450,000 square feet of office space) in a three-acre zoned area,, they could have under this ordinance. That needs to be changed. We are narrowing it - not broaden- ing it. We can certainly give you a brief report on the ramifications of expanding those kind of uses to recognize ownership. Mr. Mulokey said that, regardless of who owns it, whether by a community service organization or by a public organization, these are the types of things that would reasonably be "by right" in this residential dis- trict, whether it's County or whoever. You could strike "public use" out of there and the ordinance would be just as effective. Ms. Imhoff said they will go back and see what the intent was they were trying to cover with "public use" and maybe they will list those uses~ -.-Mr. Kimball asked why "eight persons" was established? Ms. Imhoff said the number was developed Jn conjunction with the State of Virginia and their definition - that may need changing. Mr. Clem asked why a parking lot would not be permitted? Ms. Imhoff said that is one of the sentences they are clarifying - that limitation should be written so that it is clear that it applies to group homes. If you have a home that has been converted to a group home, you still hav~retained the look of a residential structure, have a conventional drive- way - they are working on the wording there. You don't want somebody to pave in the front yard. Any comments made will be carried throughout. Mr. Clem asked why day care would not be a an acceptable use - it is commercial? Ms. Imhoff said that may be a philosophical difference - the Planning Commission was trying to separate as much out as possible - commercial from residential uses - and sort of dedicate some areas to neighborhoods, and really minimize any commercial uses in those neighborhoods. If you are doing new development, you can do a planned de- velopment and you can do a certain amount of commercial development with that planned development. These are really addressing standard zones, and the thought was not to make it "by right" but to make it by "special exception". Ms. Forester felt the Plan- ning Commission was trying to keep residential zones as residential as you can, but allow flexibility for things they thought might be possible or needed in those zones. Mr. Minor used the example of the Kindercare Day Center on Plaza Street - if this Council allowed someone to build that building right next to us on a one-acre lot, you would get that in as a special exception at your next meeting. Mr. Mulokey, said thinking about the recent legislative changes with respect to licensing of child care centers, your definition says "an establishment which is licensed or approved to operate, enrolling six or more childred'- it really doesn't matter whether it is licensed and approved. Suppose the person conducting the business didn't have it licensed? Ms. Forester said there is a difference between that and "baby-sitting." A child care center is the commercial licensed kindercare. Mr. Mulokey asked if the difference should not be the number of students, rather than whether or not it is li- censed? Ms. Forester said they are saying, if you are coming in as a child care cen- ter, you would understate~irginia legislation that says you have to be licensed. Mr. Minor said all you have to say for addressed bills is "which is required to be li- censed'' They may not be licensed. Ms. Forester said there is a difference in the number of children, but there is also a difference in the State of Virginia of li- censing. Mr. Mulokey understood that is going to change very soon, even to anyone who cared for only one child. Mr. Mulokey asked where "bed and breakfast" is to fit in? Mr. Minor felt this should be looked at. Ms. Imhoff said it is by "special exception" in all residential districts, but it is "by right" in the B-1 Commercial District. On Page 5, Mr. Kimball said "place of worship" is included as a special exception. What's the thinking as opposed to "permitted" or "by right"? Mr. Minor said that, basically, churches are a conditional use, which means they have to go through the Planning Commission approval, etc. The Baptist Church on Dry Mill Road is going to expand. That plan has some citizens concerned. All this does is allow an additional review for placement of churches. This is really a quality decision the Commission has to make. Some churches are very small, some have gymnasiums, schools, etcl You have to think about balance ~ the conditional use has not resulted in a reduction. Leesburg has a lot of churches. 52 Ms. Forester said, in discussing the traffic impact, the flow of traffic, the layout of parking lots, ingress-egress~ ~.nother one they have been discussing is the one at the corner of Edwards Ferry Road and Cherry Lane (the entrance to Carrvale) - there was a lot of concern by the neighbors about ingress-egress traf- fic - should they be allowed an entrance on Edwards Ferry Road or have to come off at Appletree? She thought that led us to special exceptions for a place to worship. Mr. Kimball felt, philosophically, he has never known a church to have a negative impact on a residential neighborhood. Mrs. Forester felt that, in terms of traffic, it does. That church had a rally this summer - they had a permit to put up a tent. The impact was tremendous on the neighborhood in terms that her phone rang off the hook - noise, lighting, traffic, transportation, ingress-egress problems, parking. It was a week long. This needs to be looked at in terms of how it affects the neighborhood. Mr. Kimball asked if there is some way to do this other than by special exception? Mr. Minor said there is - but you would have to come up with every possible problem you could have in terms of their location. Mr. Minor said that most churches around here are not in a residential zone - they are located in resi- dential developments right next to it. Mr. Mulokey referred to the Baptist Church right down the road from him. The parking lots come right up to the residential proper- ties - on the one side they buffer it by having the parsonage as a buffer between the House of Worship itself and the residential neighborhood. Wherever you have a large group of people meetin~for whatever purpose, they are going to have an effect on a residential neighborhood. Churches are not generally put with the business area. Ms. Forester said in Columbia, they are all in the shopping center. Mr. Mulokey said there is a difference in a planned residential community (where you plan where the houses are and where the church is going to be and its lot, its buffering and every- thing like that and, saying that anybody who has a one-acre lot can have a church on it by right. Mr. Minor said our Planned Development Ordinance is used to plan the church site with the least impact on a neighborhood. The existing church on Dry Mill Road, for e~ample there wasn't a lot of residential around it. The one on Dry Mill Road has tremendous buffer all the way around, with no residential near them at all. Mr. Kimball called attention to the massive one going up on North King Street. Mr. Minor said that they were going to have a school there a~ one time. That went through a conditional use process with the town. Ms. Forester said that was viewed in terms of ingress-egress, what road should be opened and what should be closed. Ms. Forester said we need to think about the fact that now we aren't building a little place of worship (like the lDttle Catholic Church on the corner -you are getting massive development - you are getting groups who are building an initial building, with the idea of expansion - even the one in Carrvale, as an initial rela- tively small worship space, but the plans, through Phase 3 and 4, are tremendous ex- pansion areas that will have a big impact on traffic. Mr. Minor said transportation is the key. You don't want churches on a local road - they're usually somewhere in a subdivision, usually more prominently located. One operated for a while in Brown's Meadow. Ms. Forester said someone complained not long ago about the church on the corner of Fairview and Market Streets - it was at the Georgelas rezoning meeting where they were complaining about them coming out the entrance. Mr. Clem said that didn't have anything to do with that - it had to do with parking there in the daytime for commuter traffic. Mr. Clem was concerned about the utility situation -he is more concerned about the major utilities - they have cluttered up the definition about major and minor. They definitely do not spell it out very clearly. He thinks they need to be restated. Mr. Minor said one of the things they said was that they want to move sewage pumping stations up and water and sewer pumping stations they want to have under '~inor". They want to make sure, also, that somewhere in there they make it clear that they are not talking about a conventional system. If it serves that project, that's what makes it look a little different. If itis something that serves this subdivision.2%f it is a huge apparatus that doesn't serve that subdivision, you certainly wontd not want that special exception. The development needs a booster station,_bu~we~a~e going to tell them how it's going to be - will have some screen requirements and some requirements in terms of materials, etc. Basically, we need to move a couple of things and make sure that there is no zone in town that we are stuck with, that we require some sort of public utility facility, but we can't get it, at least, through a special exception. Mr. Mulokey asked if we can't use the right of eminent domain? Mr. Minor said we would want to make sure that the zoning is in compliance. Mr. Clem asked if they need "home occupation?" Ms. Imhoff said there are a few exist- ing residences in some of the B-3 property - we want to be consistent throughout. If you have an existing house, if it is zoned B-3, you will probably be converting it to either a commercial use or have it torn down and build it. In the meantime, you should have the ability to have a home occupation. Mr. Minor said this is almost all C-1. This is where the big shopping centers are going. Ms. Forester said the definition of "home occupation" says only in residential uses. It has to be in a personal resi- dence and, if this zone says there is no personal residence ....... maybe one. Ms. Imhoff said there are many in residential structures~ and there are many personal resi- dences in commercially owned property. 53 On Page 31, Mr. Kimball suggested adding "office supply." Mr. Kimball and Mr. Clem suggested adding "child care" to"by right." Mr. Mulokey felt he would like to reserve the ability to determine where our children will be cared for and whether or not the particular facility is appropriate from a traffic and a neigh- borhood viewpoint. Mr. Kimball did not agree with this. Mr. Clem felt it should be a by-right in the district. As those plans come forward, we should work with the developer. Mr. Mulokey said we wouldn't have the opportunity - if he has a permitted use to build a child care center on his property, we would never see him. He would just build it, so we couldn't work with him. Mr. Clem said he has to sub- mit plans some day. Ms. Forester said we could make comments, but we couldn't make him do anything. Mr. Clem felt we could encourage them to move something, one way or the other. Mr. Mulokey thought we would be in a much better position to encourage him if he had to pass a special exception in order to build his facility. You could be very encouraging then. Mr. Kimball felt if he builds a facility that is not ac- ceptable to the public, he'll die on the vine. Mrs. Forester said then we would hear about all the empty spaces we have that are unacceptable to use in town. As one who knows the real need for child care here, she certainly knows the real need for child care in this town, but she also knows there is a real need for quality child care. From what she saw from State standards, you can't guarantee that - it's just licensed by the State. You can't guarantee quality, location of recreational facilities, the type of recreational facilities, ~. safety, that there is safe access for those kids, that there is proper parking, that you don't have to park on one side of the parking lot and walk to the other to get that child in that building, that you would not have parents just pulling up to the door and walking ingress and egrees to a parking lot just to take a child in or pick him up These are concerns that we have to deal with. Mr. Kimball said that is true, but there is no guarantee down the road that it will be legislated differently by this body or by any other. Mrs. Forester said this body would have the oppor- tunity to look at it and legislate it differently. Look at it as to where there are drop-off locations, etc. We are not talking about private property - we are talking about commercial zones. Mr. Kimball said that, as an individual going into business well aware that a business plan is in order, he didn't think somebody would go into a business that has all the indicators against them in $~ms of drop-off, location, etc. As you work through your business plan, wil~l/make the decisions based on "Will this thing succeed?" Mr. Mulokey said the statistics in terms of the failure of small businesses are very high. Just because some- one should develop a business plan, that doesn't mean that people will do it prudently. Mr. Kimball didn't think his wisdom would be any better than the ave- rage man walking down the street who wants to open a business - he doesn't want to substitute his judgment for theirs. Mr. Mulokey said he would hate to think that while we were waiting for that bad business to die on the vine, a child might die in the street. This is what they are looking at. Mr. Kimball felt this was an extreme position. There is no amount of money that insures safety. Ms. Forester said there is planning that can make it more safe. That one in Bellewood Commons had all the marketing survey - they knew they could support their business - they had a demand and a market here. They were going to put that facility there. They didn't care that people would pull up to the curb and block emergency access or block driveways to drop their kids off. Their concern was how many kids came in per hour, how many left per hour, how many people they had to employ, how many cribs they had to have they showed them the mock-up of the rooms, the building, the ac- cess within the building. They had enough area in the back to justify outdoor play area, but it wasn't quality play area. If it was serious, those kids had to spill onto other property - that was the only place they had if there was an emergency. They weren't concerned about that. Mr.. Kimball didn't feel he would want to sub- stitute his judgment for somebody that is going into business in this particular area. Ms. Forester said, if she were going into child care, she would want some- one other than the State to look at it. They are not looking at those things either. Mr. Mulokey felt the voters elected Ms. Forester, and hopefully will re-elect him to exercise their judgment on these matters. Mr. Kimball said his particular judg- ment, in this instance, is that it belongs in the "permitted use." Mr. Minor felt both sides were looking out for the safety of children. It's a tough issue - ow one hand you want to encourage a child care center and, on the other, you want to make sure the way they are. He didn't feel either side had a monopoly on the safety of the children - however that vote comes out he will put it in either way they want it. They put a question mark on this issue. Mr. Kimball reminded that, whatever they do in a previous area, they should do it here (pertaining to Item d.~ Ms. Imhoff said they will pick up on the tennis/rac- quet swimming club also. This will be taken care of wherever it applies. Mr. Clem assumed that a health/fitness~lub included racquetball, swimming and those kind of things.Ms. Imhoff said it is, that would be a regular health and fit- ness club. It is the one other use that has no restrictions in office district. 54 Mr. Kimball asked why they differentiate between retail and wholesale in copy services? Ms. Imhoff said this is a holdover from old definitions - they have tried to eliminate any retail/wholesale distinction. Ms. Forester asked why they deleted the last line of the purpose and intent there and did not delete that same line from Page 30? Ms. Imhoff said, very specifically, the B-3 District is a larger scale district. All these Office 1 properties are very small the phrase doesn~'t have as much meaning. Mr. Minor said this is on Fort Evans Road - those office zones are going to come in from PD's. Ms. Forester asked about the minimum district size on Page 34 - this is two acres. Ms. Imhoff said again, in recognition, these are smaller infill and tradi- tional options. It used to be five - it went from five to two. Mr. Minor said they cut the lot size 20,000 square feet. Ms. Imhoff said they were looking at the kind of acreage they would need to support a building and have parking around it. Ms. Forester said there have been some changes on the Errata sheet on Page 35 some editing changes. Mr. Clem thought child care should be "by right." They put a question mark on this and will discuss it. Mr. Clem said it would be the same thing with the utilities applying all the way through. On Page 36, Mr. Minor said (4)b should read "Lumber and/or". Mr. Kimball suggested adding "Heliport'7. Mr. Clem said this would also apply to "Hospital". Ms. Imhoff said "Hospital" is also proposed for the B-3 zone and they do not have a heliport in that zone. Wherever you have "Hospital" you should have "Helipgrt." On Page 37, under Commercial Uses, Child Care Center is standard. Mr. Clem asked if "conference center" should be under Special Exception in the commercial use for the industrial district? Ms. Imhoff said you could take it out of there. They were trying to dedicate the "industrial" district to be an industrial dis- trict so the uses they have made "by-right" are those research and development or housing manufacturing. One of the dangers of the industrial district is that a lot of times they end up being used for offices or for things that aren't industrial development. Mr. Kimball asked if Parking Structure "private" should be just "parking structure?" Ms. Imhoff said they felt this needed to be clari- fied as to what they are doing with a parking structure - is it as built by the communit~ private parking structure? They have been making a differentiation. Mr. Minor said we need to have a consistent terminology. This says it is a special exception. Mr. Mulokey asked in what districts is a conference center a by-right use? Mr. Minor explained that, using the Stratford property as an example, they are zoned for a nice hotel conference center - that's where you hope to get a top-dollar facility - you won't get one next to a lumber yard. Mr. Kimball asked how many stories a 50-foot height limitation gives us? Ms. Imhoff said she believed this district is existing County PDIP or PDGI that currently has a 50-foot height. Sally said this is a higher height than the town has ever had. It depends on your setback. Mr. Clem suggested including by-right technical schools under ~nstitutional- Nursing? Ms. Imhoff said they tried not to touch this too much because there is only one area that is MC. They have actually added to this zone - it would be fine to add that. Mr. Minor suggested moving Item 2(a) under Special Exceptions up to the "Institutional and Community Service" uses. Mr. Clem was glad to see Parking Structure in there. Mr. Minor suggested moving 2(a) up - it is the only medically-related special exception. Mr. Kimball asked about putting "group home" in there? Mr. Minor said heliport needs to go up. Ms. Imhoff said they have not been putting group homes in commercial districts, and this is considered a commercial district. You need to let them know if that is what they want. Mr. Kimball felt "group home" is a continuation of that idea. Ms. Imhoff said a "group home" is eight people or less, so it is a different scale. Mr. Mulokey said the idea of a group home is that it is supposed to be like a half-way house in a residential neighborhood. Mr. Kimball asked if 45 feet for a hospital and 50 feet for an office building is significant? Ms. Imhoff said that,, looking at the MC zone, it is 45 feet down in the B-1. Mr. Mulokey asked why a height restriction at all? What is served by that? Ms. Imhoff said you are talking about one zone, but it is the one adjacent to our Old and Historic District - it's an important zone for people who live by the hospital, who would not want to see a 12-story hospital go in there. It has to do with the scale of the development of that area - there are other uses beside Hospital that can go in. Mr. Clem said that 45 feet gives them the right to go up two more stories. Mr. Minor said they are proposing to delete this last use limitation. 55 Another Committee-as-a-whole meeting will beheld at 6~307p~m~(befo~e~the~' Council meeting) on February 27, 1990. --~D~~r~of Cduncii On motion, duly seconded, the meeting was adjourned. yJohn W. Toibert, Jr., Vice-~{ayor 56 (This page intentionally left blank)