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OSE-4-78AGENDA, APRIL 21, 1978 SPOKANE COUNTY PLANNING COMMISSION Time: Place: b. Applicant: Site Size: Existing Land use: Proposed Classification: JF J� TELEPHONE NO.: 456 -2274 Friday, April 21, 1978, 1 :30 p.m. Spokane County Health District Auditorium Room 140, West 1101 College Avenue OPEN SPACE LAND APPLICATION , OSE -4 -78 9. APPLICATION UNDER R.C.W. 84.34 - OPEN SPACE, CURRENT USE ASSESSMENT, a. Location: Section 19, Township 25 N., Range 44, E.W.M. That portion of the SW 1/4 of said Section described by the following parcel numbers: 19543 -1103 (less exception), 19543 -1104, 19543 -1105, 19543 -1114, 19543 -1115, 19543 -1403, 19543 -1404, 19543 -1405, 19543 -1408, 19543 -9100, 19543 -9112, 19542 -9068. (For more information see application on file En the Spokane County Planning Department office.) M. G. Curtis P.O. Box 106 Spokane, Washington Approximately 128 acres Unimproved land Open Space Land TnInt. TH AV . 9 8. ZE- 38 -78, AGRICULTURAL SUBURBAN TO SINGLE FAMILY RESIDENTIAL: SPO. CO. PLANNING COMMISSION. That the zone reclassification (File Number ZE- 38 -78) be denied. ( Motion by Mr. Quigley, seconded by Mr. Kennedy. Vote was unanimous.) 9. ZN- 39 -78, AGRICULTURAL TO RESTRICTED INDUSTRIAL: GRIFFITH. That the zone reclassification request (File Number ZN- 39 -78) be denied, (Mr. Kennedy moved, seconded by Mr. Thomas. Vote was unanimous.) 10. ZE- 40A -73, AGRICULTURAL TO LOCAL BUSINESS: SISCO (Continental Oil) That the zone reclassification request (ZE- 40A -73) be approved, and in so approving, adopts the Staff's Findings as the Planning Commission's findings of Fact as well as the conditions stated in the Staff's Findings, and also that a proposed declaration of Non - Significance be issued. (Mr. Thomas moved, seconded by Mr. Quigley. Vote was unanimous.) 11.1 OSE -4 -78, OPEN SPACE LAND: CURTIS, That the open space application (File Number OSE -4 -78) be approved, and in so approving, adopts the Staff's Findings as the Planning Commission's Findings of Fact, and also that a proposed declaration of Non - Significance be issued. Mrs. Rawlings, moved, seconded by Mr. Kennedy. Vote was unanimous.) 12, OSE -5 -78, OPEN SPACE LAND: WORTH. That the open space application (File Number OSE -5 -78) be approved, and in so approving, adopts the Staff's Findings as the Planning Commission's Findings of Fact, and also that a proposed declaration of Non - Significance be issued, (Mr. Quigley moved, seconded by Mrs. Rawlings. Vote was unanimous.) Planning Staff Present: Dayharsh, Sweitzer, Davis, Deysenroth, Fergen, Wesche and Justice. Engineer's Office: Finney. Prosecutor's Office: Emacio, DATED THIS 27th DAY OF APRIL, 1978. 6 BY: Kathleen Justice Recording Secretary For: Ted McCoury Planning Commission Chairman Fred L. Dayharsh Director of Planning FINDINGS OPEN SPACE LAND APPLICATION OSE -4 -78 - OPEN SPACE. CURRENT USE ASSESSMENT: CURTIS I. OPEN SPACE LAND MEANS: April 21, 1978 a) Any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly, or b) Any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (11) protect streams or water supply, (111) promote conservation of soils, wetlands beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations of sanctuaries or other open space, or (v) enhance recrea- tion opportunities or (vi) preserve historic sites, or (vii) retain in its natural state tracts of land not less than five acres situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, II. SUMMARY: The advertised property is located in the Spokane Valley and contains approximately 128 acres of sloping land. Vegetation on the site includes some sparce stands of Pine, various bushes and wild grasses and throughout the site are rock formations often referred to as basalt stacks. The site contains no improvements. The'Planning Department Staff is of the opinion that the preservation of the current use of the site will: a) Conserve and enhance the natural and scenic resources of the valley b) protect streams or water supply III. COMPREHENSIVE PLAN DESIGNATION: The Spokane Regional Comprehensive Plan Map designates the site for Agricultural, undeveloped or use under study. IV. STATEMENT OF ADDITIONAL TAX, INTEREST AND PENALTY DUE UPON REMOVAL FROM CLASSIFICATION UNDER RCW 84,34: 1. Upon removal an additional tax shall be imposed which shall be due and payable to the county treasurer on or before April 30 of the following year. The amount of such additional tax shall be equal to: - 9- OSE -4 -78 - OPEN SPACE. CURRENT USE ASSESSMENT (Continued) The difference between the property tax paid as "Open Space Land" or "Timber Land" and the amount of property tax otherwise due and payable for the seven years last past had the land not been so classified; plus b) Interest upon the amounts of the difference a), paid at the same statutory rate charged on the delinquent property taxes, c) A penalty of 20% shall be applied to the additional tax if the classified land is applied to some other use, except through compliance with the property owner's request for removal process, or except as a result of those conditions listed in 2, below. 2. The additional tax, interest and penalty specified in 1. above, shall not be imposed if the removal resulted solely from: a) Transfer to a government entity in exchange for other land located within the State of Washington; b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power; c) Sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in such land. d) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the landowner changing the use of such property. e) Official action by an agency of the State of Washington or by the County or City within which the land is located which disallows the present use of such land. f) Transfer to a church and such land would qualify for property tax exemption pursuant to RCW 84,36,020. V. STAFF ENVIRONMENTAL REVIEW: Concluded that a declaration of Non - Significance be issued, -9A-