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3 three of them for their dedication and distinguished service to the orange County Commission for Women. V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. TO RECEIVE ADDITIONAL INFORMATION FROM THE COUNTY ATTORNEY AND BOARD ACTION (continued from the May 28, 1991 Public Hearing) 1. ZONING ORDINANCE TEXT AMENDMENT - LARGE DAY CARE HOMES Planner Eddie Kirk summarized the proposed revisions to the existing Zoning Ordinance provisions applicable to large day care centers. County Attorney Geoffrey Gledhill explained his concern about the public notice. This would be a use permitted by right from a use that required a special use permit and there is a fundamental difference between these two. In deciding a use permitted by right, the Board has made a legislative determination that within that district all those uses are compatible and that the public health, safety and welfare is protected and is safe by allowing these uses within a district. In a special use context, there are health, safety and welfare issues that aren't resolved which would require a public hearing and a judicial process. The applicant presents evidence and findings of fact must be made. On the second question, the Zoning Ordinance assumes that a small daycare operation -- up to five children -- is a use compatible with residential uses and that there would not be any impact that makes the Board have to hear evidence on this question before permitting a small daycare in a residential area. However, if there are fifteen children and there are impacts and you have to meet special conditions, the first five kids can't be ignored and these impacts considered on an incremental basis. All the kids must be considered in deciding the impact. If these are allowed on private roads, the full impact of the large daycare home should be considered. Planning Director Marvin Collins explained the concept of the Special Use Permit and how the uses are determined by the impact the use has on the neighborhood. Motion was made by Commissioner Willhoit, seconded by Chairman Carey to refer this item to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 5, 1991. VOTE: UNANIMOUS VII. REPORTS A. ENO RIVER CAPACITY USE WEIR CONSTRUCTION AND MONITORING GAGE MODIFICATION STATUS REPORT County Engineer Paul Thames presented for information only a report on the status of construction of flow monitoring and control weirs in the Eno River below the dams of each of the three Eno river reservoirs. He presented information on the modification of the flow recording instruments in the Hillsborough gaging station. He gave a progress report on the Eno River Capacity Use Agreement.