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5 years unless the State Land Use law is amended to change the r <br />more than 15 acres must approved by the Land Use Commission,Ñ fu <br />say, ÐThe Applicant shall include a restrictive covenant in the deed which states that.Ñ <br />On the second question, the reason for having the limitation for no-home improvement <br />centers, the Department can generally support Light Industrial uses in this location. ItÓs a <br />right place for it. The Zoning Code was amended several years ago though to allow <br />home improvement centers in ML zones, generally. A home improvement center is a <br />much larger type of operation that could be a major traffic generator and is really a major <br />type of urban retail use. On a selective basis when the site is not right for that use, the <br />Department, in approving an ML zone, would knock out that as a use. We also have <br />been, weÓve been approving rezoning. So the Department has been recommending that <br />the Council and the Planning Commission approve rezonings that may limit some of the <br />uses that are normally allowed in the zone. This is specificall <br />Code that says that the Council can put conditions on a Change of Zone, including <br />conditions that affect the use of the property. <br />I wrote a memo to Corporation Counsel on this subject and I believe the Chair of the <br />Council Planning Commission. IÓm not sure if I sent a copy of t <br />Commission. But if any of the Commissioners want it, IÓd be happy to send the <br />Commission members a copy of this memo that explains the sources of the CountyÓs <br />power to do this. <br />Sometimes, and this is an import-, this comes up because very often you see people who <br />will come in for a Change of Zone and they have a specific proje <br />to do. The project itself may be fairly limited in scale and it looks fine to do that project. <br />But if youÓre looking at all the potential ranges of things that they could do with the <br />zoning, then as a consequence of that -. If you just rezone the property and you allow <br />that full-range of uses, you might say, have to say, no, to begin with, if itÓs a all-or- <br />nothing kind of situation where you had to say, you could do all these, if you rezone this <br />property and do all these things, that then you would have a lot of hesitation about doing <br />it. <br />If we had, for example, if Home Depot were coming in to rezone this property, as an <br />Applicant in order to put a Home Depot in there, we would not, I mean, I would not favor <br />this location. Because if you, and this goes back to the -. If you look at the Department <br />of TransportationÓs comments on the McCully rezoning, because of the problems that <br />you would have in -. YouÓre creating cross-bypass traffic, youÓre creating a major traffic <br />generator that forces people to cross a bypass highway and, really, it hurts the function of <br />the bypass highway as a means to move people through the communi <br />So, in this case, we, the Department is supporting a Light, a true Light Industrial-type use <br />or rezoning of the property but limiting the possibilities of what can be, limiting this <br />particular possibility that exists under the zoning. <br />6 <br /> <br />