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BOARD OF COUNTY COMMISSIONERSCOUNTY OF KITTITASSTATE OF WASHINGTONRESOLUTION NO. 2016-A RESOLUTION RESCINDING ADMINISTRATIVE CONDITIONAL USE PERMITACU-14-00005WHEREAS, Community Development Services (CDS) issued a State Environmental PolicyAct (SEPA) determination and an Administrative Conditional Use Permit(ACUP) to Mr. McDonald for a marijuana growing and processing operation; andWHEREAS, timely appeals were filed of both the SEPA determination and the issuance of theACUP; andWHEREAS, after due notice, briefing, and hearing, the BOCC, on September 15, 2015 inResolution 2015-123, upheld the issuance of the SEPA determination andremanded the issuance of the ACUP for determination if the application meetscounty standards for provision of water under Ch. 13.35 KCC and review ofwhether the application meets the criteria set forth in Ch. 69.50 RCW andCh. 314.55 WAC - specifically whether the operation of Mr. McDonald is within1,000 feet of a school; andWHEREAS, Appellants McDowell timely filed an appeal under the Land Use Petition Act(LUPA) which was dismissed because Resolution 2015-123 did not constitute afinal land use decision for purposes of LUPA; andWHEREAS, on remand, CDS found that the "school" did not meet the statutory definition of aschool under Ch. 314-55 WAC and that the applicant had demonstrated adequateprovision of water; andWHEREAS, the BOCC held continued hearings, after due notice, on March 15^ and 30^,2016.FINDINGS OF FACT AND CONCLUSIONS OF LAW1. The BOCC finds that McDonald filed a pair of building permits in 2014, neither of whichwere ever appealed and so are now legally beyond challenge.