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Ob5 <br />COLEMAN, BERNHOU, <br />BERNHOU, GLEDHILL & HARGRAVE <br />ATTORNEYS AT LAW <br />129 E. TRYON STREET - <br />P.O. DRAWER 1529 <br />HILLSBOROUGH, NC 27278 <br />919 -732 -2196 <br />919 -942 -8000 <br />FAX 919- 732 -7997 <br />CHAPEL HILL OFFICE <br />SUITE 300, THE CENTER <br />1506 E. FRANKLIN STREET <br />CHAPEL HILL, NC 27514 <br />919 - 929 -7151 <br />FAX 919 - 929 -3892 <br />ALONZO B. COLEMAN, JR. <br />STEVEN A. BERN14OLZ <br />ROGER B. BERNHOLZ <br />GEOFFREY E. GLEDHILL <br />DOUGLAS HARGRAVE <br />G. NICHOLAS HERMAN <br />KIM K. STEFFAN <br />JOE L. WEBSTER <br />TERRY G. HARK <br />JANET B. DUTTON <br />JOHN D_ LOFTIN <br />Of Counsel <br />BONNER D. SAWYER <br />(1902 -1972) <br />May 10, 1991 <br />Mr. Eddie Kirk <br />Planner <br />Orange County Planning Department <br />306F Revere Road <br />Hillsborough, North Carolina 27278 <br />RE: Large Day Care Home Zoning Amendment <br />Dear Eddie: <br />I've reviewed the proposed ordinance revisions <br />which would permit so- called Large Day Care Homes to be <br />permitted without a special use permit if they are to <br />be located in residential districts. I have these <br />comments: <br />1. The first standard for evaluation, that of <br />the home being located "in an area which is free from <br />conditions dangerous to the physical and moral welfare <br />of the children." is vague. It should be written to <br />describe the dangers, physical and moral, that are of <br />concern. <br />2. I question the advisability of permitting <br />large day care homes on private roads. If they are to <br />be permitted on private roads, I question the staff <br />analysis on this point which indicates that a large day <br />care home would be equivalent to two additional <br />residences. However, this analysis only takes into <br />consideration the difference between a large day care <br />home and a small day care home. The full impact of the <br />home should be considered. In that regard, a day care <br />facility that is not classified as a large one should <br />have #a,tandards which require private road upgrading <br />when a private road is proposed. <br />3. The new ordinance provisions call for notice <br />to adjoining property owners of an application for a <br />large day care home zoning permit. There is no public <br />input in this process, only notice. Also, only <br />adjoining property owners will get notice. I wonder if <br />