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Since 1983, the subdivision ordinance has allowed certain types of land division to occur without platting and without providing foumal improvements such as paved roads, utilities, and formal drainage systems. These "exemptions" from platting and infrastructure provisions include the following: (1) Creation of 40 acre tracts. (2) One-time lot splits (one split of the parent parcel in its 1983 configuration). (3) Affidavits of exemption, upon county approval. Based upon a change in the comprehensive plan, the county, in 1991, amended the LDRs to prohibit the use of the affidavit of exemption and the conventional subdivision platting processes for subdividing properties located outside the Urban Service Area (agriculturally designated lands). Those regulations, and the comprehensive plan policy upon which they were based, limited the subdivision of agriculturally designated properties to the agricultural P D process. In the spring of 2001, the county amended the comprehensive plan so that the agricultural P.D. process, which requires the clustering of lots would no longer be the only process for subdividing agriculturally designated properties. That amendment became effective on June 1, 2001. Based upon that comprehensive plan change, staff initiated an LDR amendment to again allow agricultural properties to be subdivided via the same processes available prior to 1991, namely: agricultural P.D.s, conventional subdivisions, and affidavits of exemption. During the process of making an LDR change to implement the referenced comprehensive plan amendment (from June 1 2001 to October 23, 2001), staff accepted affidavit of exemption applications to subdivide lands outside the Urban Service Area. Those applications are reflected in the data contained in attachment #4. On October 23, 2001, the Board considered staff's proposed LDR amendment and voted 4-1 to change the LDRs to allow the subdivision of agricultural lands through the conventional subdivision process, but not the affidavit of exemption process (see attachment #2). Thus, under the current LDRs, agriculturally designated properties can be subdivided only through the agricultural P.D. and conventional subdivision processes. Now, the Board is to consider the affidavit of exemption process and determine whether or not to direct staff to initiate changes to the county's current affidavit of exemption allowances and regulations. ANALYSIS: • Affidavit of Exemption Process and Criteria The affidavit of exemption process and criteria are contained in subdivision ordinance section 913.06(5) (see attachment #3). Based on those regulations, affidavits of exemption are required to meet various development criteria, including the following: Parcels created must have a minimum area of 200,000 square feet (4.59 acres). Road right-of-way width and dedication standards apply. i�OTE: This criterion results in right-of-way being dedicated to the county from "project sites" where such right-of-way is needed to bring abutting county right-of-way up to local road minimum width (60 feet). JANUARY 22, 2002