Park County denies Buena Vista State Subdivision preliminary plat over unresolved ag‑exemption

Park County commissioners voted to deny the preliminary plat for the Buena Vista State Subdivision, citing unresolved questions about an historic agricultural‑exemption affidavit tied to the property.

Commission discussion centered on whether an affidavit executed under older county rules functioned as a binding covenant and whether the exemption had been properly terminated. Planning staff presented background showing that at the time the original parcel split occurred the county required an affidavit rather than a covenant. Commissioners and the county attorney differed in interpretation of whether that document created a continuing restriction; staff provided an example from another property as precedent for how an exemption could be nullified, but commissioners said they could not find a termination document specific to the Buena Vista parcel in county records.

Property owners and neighbors spoke during the discussion. The owner present said the parcel had been deeded to him by his parents with knowledge of their intent to develop in the future; other speakers described the original owner’s stated intent that land be farmed. Commissioners repeatedly noted the difficulty of reconstructing the original parties’ intent decades after the affidavit was filed.

Given the absence of record evidence proving that the exemption was dissolved, a motion to deny the preliminary plat carried. At the time of the vote commissioners instructed staff and the county attorney to note the lack of a termination document as the reason for denial. The applicant may return with additional evidence proving the exemption was terminated or seek legal means to resolve ownership and exemption status.