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54'~N . <br />MI: Craig Benedict <br />Page 3 . <br />Nlarc~ 13, 2QEl$ <br />to the due process re~quirefneuts cited above, is that #hey are less liltely to "Dame isrto play when <br />acl~ministratn-e zrnring decisions arernade since these involve the dei~minatian of objective facts <br />witho~rt an element afdisc~etion:' Id., 336 N.C. at SI1-12. <br />In the situation at hand, the Board of Commissioners is serving as the committee of the <br />whale in xgards to fhe selection of a site for the location of the SW I~. If a special use pe~mit <br />were required for the SWTF, the Cvauty would be requixed' to apply to the Board of <br />Commissioners for approval of a special use permit on tha very same site that the Board selected. <br />'I'bis special use permit approval process would req a quasi jadiaal hearing and the exercise <br />by the Board of Caurmissioners of discretion. The Board would not be an `impartial <br />decasiamnalt~x'' because the Board would be called urn to approve a special use permit on a site <br />that the Board. had itself selected. Tlfore, in our opinion, there can be rEo construct of drange <br />County Zoning Regulations rewiring the Board of County Corx-missioners to approve a special <br />use penaait for the County SWTC or for any other County building ar County facility. <br />Criveit the plain laugtr<1ge and intent .of the Zoning t7xYiinanc~e, it is our opinion that a <br />SWTP station can be located anywhere within the County that governmental fadiities and <br />governmental a~tce buildings are permitted pursuant to Line F2<l of the Perrni#ted Use Table and <br />in any of the EDDs as prescn'be~d in the Perm~i#ed Use Tables of the EDD Manuals, sub}ec~ to all <br />Site Pfau and EDD Manual reguirernents and pewits as applicable. <br />. Best Regards, <br />CQLEMAI~I, GLisD L, ~T~GRA & PEEK, P.C. <br />rian . Pemell . . <br />cc: Laura Blackman, County Manager <br />Gayle Wilts, Solid Waste Director <br />A.ttachmesst <br />