04-25-2019 Agenda - Laserfiche WebLink

Page 4 of 5 Land Development Rights The subject quarter-quarter section currently has one (1) unplatted residential development. Section 308 of the Cass County Subdivision Ordinance states that every quarter-quarter section is granted one (1) Development Right to create a buildable lot with a minimum of 40 acres. Because the lot subdivision proposal is less than 40 acres, a transfer of a development right is required along with a deed restriction. However, Section 308 does not allow for development rights to be transferred from lands located in the floodplain. Because the 1987 FIRM is the most currently adopted map, the proposed development would not be able to transfer development rights because all of the surrounding land in located in the 1% floodplain. As a result, if the ordinance requirements were strictly adhered to, the subdivision application would not be able to go forward because no transfer of development rights would be permitted. When the Western Cass SFHA FIS is adopted, the 1% flood plain will be removed from the proposed subdivision lot and the majority of the areas of the surrounding land area. If the ordinance requirements were strictly adhered to, the applicant would not be able to subdivide until the new FIS is adopted. Therefore, the applicant faces a hardship where the proposed subdivision is not permitted because of events beyond the control of the applicant. A more current study shows a reduced floodplain risk which would permit for the transfer of development rights after the new FIS completes the adoption process. Therefore, the applicant is requesting a variance so that the application can proceed forward and all CCSO requirements will be met after the adoption of the Western Cass SFHA FIS. Staff Recommendation To accept the findings and recommendations of staff and recommend approval to the County Commission of the subdivision application and variance as the proposal meets the goals and objectives of the Cass County