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II.A. RALPH LINDSEY . REQUEST BY MARVIN CARTER TO <br />AUTHORIZE STAFF TO PROCESS AN AFFIDAVIT OF <br />EXEMPTION REQUEST FOR AN AGRICULTURAL PD <br />The Board reviewed a Memorandum of November 19, 2001: <br />TO: James Chandler <br />County Administrator <br />D;Y S ON HEA) CON��CURRE;NCE: <br />Robert M. f ea`ti-nu>� <br />iCp ectotCommunity Development <br />F'R()1F: Stan Bulmg, AICD <br />Plannir:g Director <br />DATE: November 19, 2001 <br />SUBJECT: Request by Marvin Carter for the Board to Authorize Staff to Process <br />Ralph Lindsey's Affidavit of Exemption Proposal <br />It is requested that the data herein presented be given formal consideration by the Board <br />Of County Commissioners at its regular meeting of December 4, 2001. <br />BACKGROUND <br />Last 14farch, the Board of County Commissioners adopted comprehensive plan <br />amendments that made agricultural planned developments (PDs) an optional process for <br />subdividing lands in agriculturally designated areas. Those amendments became <br />effective on June 1, 2001, and were in conflict with the land development regulations <br />(LDRs) in effect at that time. Those LDRs provided no option to the agricultural PD <br />process. To bring the LDRs into compliance with the comprehensive plan changes, staff <br />initiated LDR amendments that were considered by the Board on October 23, 2001. At <br />its October 23`d meeting, the Board voted to change the LDRs to allow agriculturally <br />designated lands to be divided by agricuitural PDs and subdivision plats but not by <br />affidavits of exemption (see attachment #1). <br />In the interim period between June 1s` and October 23rd, the county was required by its <br />own code and state law to apply its adopted agricultural PD comprehensive plan policies <br />instead of the then conflicting LDRs. During this interim period, staff interpreted the <br />comprehensive plan policies to allow agriculturally designated properties to be divided <br />by agricultural PDs, subdivision plats, and affidavits of exemption. During this period, <br />staff accepted and processed seven affidavit of exemption applications to divide <br />agriculturally designated lands. Two of those applications were approved by staff prior <br />to October 23`d. Based upon direction from Board members, staff is processing the <br />DECEMBER 412001 <br />-102 <br />