Commissioners Close Land-Use Loophole Exemption Allowed Urban-Size Lots Outside Urban Growth Area

Spokane County commissioners have decided to temporarily close a loophole that allowed property owners to create small lots in portions of the county not currently designated for urban development.

Commissioners voted unanimously Tuesday to implement an emergency ordinance that restricts new lots created on property outside the county’s interim urban growth area to a minimum of five acres.

The freeze will be in place for at least 60 days and probably until the county adopts its new comprehensive land-use plan later this year.

Commissioners decided to implement the ordinance after county planners told them at least two developers had used a loophole in state law to create urban-size lots outside the county’s urban growth area.

High-density developments are allowed inside the interim urban growth area, which covers much of the Valley and portions of the county north and west of the Spokane city limits.

Currently, new lots created outside the interim urban growth area are restricted to a minimum of five acres, but the “certificate of exemption” loophole allows the creation of smaller lot sizes under certain conditions.

One of those conditions gives property owners the ability to adjust lot sizes within developments already approved, if the zoning allows it.

For instance, someone who owns a 10-acre parcel divided into two five-acre lots could adjust the lot lines to create a one-acre lot and a nine-acre lot if the underlying zoning allows for one-acre densities.

Senior county planner Paul Jensen told commissioners Tuesday that there are at least 2,000 acres of vacant land outside the interim urban growth area where landowners could use certificates of exemption to create smaller lots.

Commissioners feared that other property owners would find out about the loophole and rush to create smaller lots outside the interim urban growth area as well.

That could form pockets of high-density subdivisions in areas slated for less intensive development under the current draft of the comprehensive land-use plan.

“When this gets out in the development community, this thing will sprout wings,” Commissioner John Roskelley said.

Lots already created, and plans to use the certificate of exemption provision filed before Tuesday, will not be affected by the emergency ordinance.

Commissioners decided to declare an emergency to avoid having to give public notice and hold a hearing on the temporary law before adopting it.

Commissioner Phil Harris wasn’t happy with that decision. He suggested drafting a final ordinance and holding a public hearing before adopting it.

“I don’t see a parade coming in next week to take advantage of this,” he said.

Commissioner Kate McCaslin disagreed, pointing out that billboard companies filed a glut of requests for new signs just before commissioners passed a moratorium on billboards last year.

“Shall we take bets?” she said. “I’ll guarantee there’s going to be a rush.”

Harris reluctantly relented.

Commissioners must hold a public hearing on the ordinance within 60 days before deciding whether it should remain in place indefinitely.

Hearings on the updated comprehensive land-use plan are scheduled for the next few months, with commissioners expected to adopt it this summer.

The plan sets policy for future development and growth in the unincorporated areas of the county.