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The attached amendment proposes that large day care <br />homes be permitted by right, provided that specific <br />development standards which address the potential <br />impacts are met. The standards are incorporated into <br />a new Article 6.27 and are almost identical to those <br />applicable to larger facilities. The principal - <br />difference is that large homes would be subject to <br />administrative (staff) approval rather than that of a <br />quasi - judicial board. <br />The County Attorney has indicated in his letters <br />dated May 10 and May 17 concern with three items in <br />the proposal. <br />His first concern is that the wording in 6.27.2 a) is <br />vague and should be written to describe the dangers <br />that are of concern. This section reads as follows: <br />The large day care home is to be located in an area <br />which is free from conditions dangerous to the <br />physical and moral welfare of the children." This <br />wording is the same wording that is presently in <br />section 8.8.16.2 a) of the special use section for <br />day care facilities in the zoning ordinance. If this <br />wording needs to be amended, an amendment could be <br />considered at a later time that would amend both of <br />these sections at one time. <br />Secondly, he indicated a concern about permitting <br />large day care homes on private roads. The Planning <br />Board has revised section 6.27.2 c) to require <br />upgrading of a private road based on the number of <br />homes currently served by the road and the projected <br />traffic to be generated by the large day care home. <br />The County Attorney is concerned about the amount of <br />traffic that will be generated by the large day care <br />home . Also, if there is an existing road maintenance <br />agreement on the road, other residents may be <br />required to pay more to maintain the road up to a set <br />standard. The Planning Staff agrees that this would <br />be inequitable for other lot owners and recommends <br />that large day care homes only be allowed on public <br />roads. If an applicant wanted to place a large day <br />care home on a private road, a special use permit <br />would have to be applied for. This would give the <br />Board of Adjustment a chance to review the proposal. <br />Thirdly the County Attorney has indicated his <br />concern with the lack of public input in this <br />process. Also, if this amendment is approved, the <br />general conditions in the ordinance which speak to <br />the public health, safety and welfare, the value of <br />contiguous property, and compliance with the general- <br />plan will automatically be made. <br />