Agenda - 08-05-1991 - Laserfiche WebLink

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JUNE 3, 1991 PUBLIC HEARING MINU7EF1 I three of them for their dedication and distinguished service to the 2 orange County Commission for women. 3 4 V. - SPECIAL PRESENTATIONS - NONE 5 6 VI. PUBLIC HEARINGS 7 A. TO RECEIVE ADDITIONAL INFORKATION FROM THE COUNTY ATTORNEY 8 AND BOARD ACTION (continued from the May 28, 1991 Public 9 Hearing) 10 1. ZONING ORDINANCE TEXT AMENDMENT - LARGE DAY CARE HOMES 11 12 Planner Eddie Kirk summarized the proposed revisions to 13 the existing Zoning ordinance provisions applicable to large day care 14 centers. 15 County Attorney Geoffrey Gledhill explained his concern 16 about the public notice. This would be a use permitted by right from 17 a use that required a special use permit and there is a fundamental 18 difference between these two. In deciding a use permitted by right, the 19 Board has made a legislative determination that within that district all 20 those uses are compatible and that the public health, safety and welfare 21 is protected and is safe by allowing these uses within a district. In 22 a special use context, there are health, safety and welfare issues that 23 aren't resolved which would require a public hearing and a judicial 24 process. The applicant presents evidence and findings of fact must be X25 made. On the second question, the Zoning Ordinance 'assumes that a 126 small daycare operation -- up to five children -- is a use compatible 27 with residential uses and that there would not be any impact that makes 28 the Board have to hear evidence on this cuestion before permitting a 29 small daycare in a residential area. However, if there are fifteen 30 children and there are impacts and you have to meet special conditions, 31 the first five kids can't be ignored and these impacts considered on an 32 incremental basis. All the kids must be considered in deciding the 33 impact. If these are allowed on private roads, the full impact of the 34 large daycare hone should be considered. 25 Planning Director Marvin Collins explained the concept of 36 the Special Use Permit and how the uses are determined by the impact the 37 use has on the neighborhood. 3g Motion was made by Commissioner willhoit, seconded by 39 Chairman Carey to refer this item to the Planning Board fcr a 40 recommendation to be returned to the BOCC no sooner than August 5, 1991. 41 VOTE: UNANIMOUS 42 43 VII. REPORTS 44 A. ENO RI7ER CAPACITY 13SE 'WEIR CONSTRDCTION AND MONITORING 45 GAGE MODIFICATION STATUS REPORT 46 County Engineer Paul Thames presented for information only 47 a report on the status of construction of flow monitoring and control 48 weirs in the Eno River below the dams of each of the three Eno river 49 reservoirs. He presented information on the modification of the flow 50 recording instruments in the Hillsborough gaging station. He gave a X51 progress report on the Eno River Capacity Use Agreement. 52 11