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TO: James E. Chandler County Administrator DEPARTMENT HEAD CO` CLRRENCE: Ro ert M. Keating, AICP Community Development Director FROM: Stan BolingCP Planning Director DATE: January 14, 2002 SUBJECT: Request to Reconsider the Affidavit of Exemption Process It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 22, 2002 BACKGROUND: • Request for Information In October, 2001, the Board of County Commissioners adopted an amendment to the County's land development regulations (LDRs) which had the effect of prohibiting affidavits of exemption on agriculturally designated properties. Because that LDR amendment affected several landowners with proposed projects, the Board again addressed affidavit of exemption related issues at its December 4, 2001 meeting. During discussion of that issue, the Board expressed an interest in reconsideration of its affidavit of exemption prohibition on agricultural lands and directed staff to compile information on the affidavit of exemption process (see attachment #1) and present that infoiuration to the Board at a subsequent meeting. That infoiination is contained in this report, and is presented to the Board for discussion at its January 22, 2002 meeting. • History of County Property Division Regulations The affidavit of exemption process is one of several processes that can be used to divide property. The following history and background puts the affidavit of exemption process in the context of the land division process. Since 1958, the division of properties in the unincorporated area of the county has been regulated by the county's subdivision ordinance. That ordinance was updated in 1963 and 1975. In 1983, it was completely re -written. The current subdivision ordinance is substantially the same as the 1983 version, although it was re -formatted in 1991 along with all the land development regulations (LDRs), and has been updated by periodic minor amendments. In 1985, the county created the P.R.D. (Planned Residential Development) ordinance which was re -written in 1991 as the P.D. (Planned Development) ordinance. With a few minor exceptions the current P.D. ordinance is the same as the 1991 ordinance, and requires all P.D. projects to be platted in accordance with the subdivision ordinance platting requirements. Thus, all conventional subdivisions and P.D. projects are platted under the subdivision ordinance requirements. JANUARY 22, 2002