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related to the fact that the affidavit of exemption process allows for creation of parcels <br />that will not have paved road access. Another concern was that the affidavit of exemption <br />regulations allow staff -level approval of up to 49 parcels covering 245 or more acres <br />without formal infrastructure and without PZC or Board oversight. As a result of those <br />concerns the Board adopted LDR changes which do NOT allow affidavits of exemption <br />in agiiculturally designated areas (see attachment #1). Therefore. the current regulations <br />allow agriculturally designated lands to he divided through the agricultural planned <br />development (PD) process or the conventional subdivision process, but not through the <br />affida%it of exemption process. <br />After the October 23`d meeting, the Board decided to revisit the issue of affidavits of <br />exemption on agricultural lands, and directed staff to analyze the affidavit of exemption <br />process and report back to the Board with recommendations. Staff presented detailed <br />affidavit of exemption information and analysis to the Board at its January 22, 2002 <br />meeting (see attachment #2), at which time the Board directed staff to initiate changes to <br />the affidavit of exemption regulations. Said changes are to allow affidavits of exemption <br />in agricultural areas, with some consideration of limiting the number of parcels created <br />through that process (see attachment #3). <br />As directed by the Board, staff has now drafted changes to the affidavit of exemption <br />regulations Those changes were reviewed by the PSAC at its February 21, 2002 <br />meeting. At that meeting, the PSAC voted 5-0 to recommend that the Board adopt the <br />affidavit of exemption LDR amendment as proposed and recommended by staff (see <br />attachment #5). At its March 14, 2002 meeting the PZC voted 5-1 to recommend that <br />the Board adopt the proposed changes (see attachment #7). <br />The Board is now to consider the new proposed changes and is to adopt, adopt with <br />changes, or not adopt the proposed amendments. <br />ANALYSIS <br />For the reasons outlined in staff's January report to the Board (see attachment #2), staff's <br />position is that affidavits of exemption are appropriate on agriculturally designated lands, <br />given the county s current comprehensive plan policies and staffs experience with such <br />developments. That experience indicates that affidavit of exemption "projects", both <br />inside and outside the Urban Service Area, are small (1-11 parcels) and that the current <br />49 lot limit on the affidavit of exemption process far exceeds customary proposals. <br />Therefore, it appears that significantly reducing the current 49 parcel Emit to less than 20 <br />parcels would have no effect on customary proposals. In fact, scaling back the limit <br />would ensure that larger projects are reviewed by the PZC and/or the Board (via the <br />agricultural PD or conventional subdivision process) and would ensure that <br />infrastructure improvements, such as paved roads which are not required via the affidavit <br />of exemption process, would be required and provided for such larger projects involving <br />20 or more parcels. Rased on this analysis, staff has structured the proposed ordinance <br />to set a 19 parcel limit on affidavits of exemption, whether located inside or outside the <br />Urban Service Area. <br />In staffs opinion. a 19 parcel limit is logical based upon the existing LDR threshold level <br />for paving requirements in agricultural areas (areas outside the Urban Service krea) <br />Those requirements are contained in LDR section 954.10(3) (see attachment 44). Under <br />section 954.10(3), projects that generate more than 200 average daily trips and are <br />located in agricultural areas must provide paved parking and driveway areas; projects <br />below that threshold are not required to provide paved improvements. The "more than <br />April 9, 2002 <br />34 <br />