04-25-2019 Agenda
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04-25-2019 Agenda
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Page 2 of 2 <br /> <br />• The implementation plan of the comprehensive plan provides the following implementation statement to <br />preserve rural heritage, “Protect the County’s valuable farmland, agricultural traditions, and existing <br />rural character.” <br />• The comprehensive plan also states that to embrace the vision of the community that, “The basis of many <br />county policies need to remain agriculturally focused, with an eye towards the primary sector economy, <br />as well as emerging technologies.” <br /> <br />This development proposal was presented to the Planning Commission on February 28, 2019. Staff advised the <br />Planning Commission that the intent of the CCSO and comprehensive plan is to promote agricultural uses and <br />that feedback was solicited in regard to a text amendment update to allow an exemption for agricultural land lot <br />line adjustment. Staff received feedback from the Planning Commission that support was provided for a text <br />amendment proposal. <br /> <br />Text Amendment Proposal: <br /> <br />Staff proposes the following text amendment addition in underlined font to §302 of the CCSO: <br /> <br />Subdivision. A division of a lot, tract, or parcel of land, creating one or more lots, tracts, or parcels for the <br />purpose, either immediate or future, of sale or of building development and any plat or plan which includes the <br />creation of any part of one or more streets, public easements, or other rights of way, whether public or private, <br />for access to or from any such lot, tract, or parcel and the creation of new or enlarged parks, playgrounds, <br />plazas, or open spaces. The following shall not be considered a subdivision and shall be exempt from the <br />requirements of this Ordinance: <br /> <br />A. a division of land pursuant to an allocation of land in the settlement of a decedent’s estate or a court <br />decree for the distribution of property; <br /> <br />B. a division of land for federal, state, or local government to acquire street right of way <br /> <br />C. a division of land into lots, tracts, or parcels of ten (10) acres or more in size for the purpose of <br />agricultural use with no anticipation of dwelling unit construction and does not involve any new streets, <br />easements or accesses other than field accesses; <br /> <br />D. A division of land into cemetery plots; or <br /> <br />E. The combination or recombination of portions of previously subdivided and recorded lots if the number <br />of lots is not increased. <br /> <br />F. Property line adjustment for agricultural lands. Agricultural land that does not exceed 15% of the lot, <br />plot, parcel or legal lot area may be acquired, sold, or transferred between abutting agricultural lands for <br />the purposes of a property line adjustment. <br /> <br /> <br /> <br />Staff Recommendation <br /> <br />To accept the findings and recommendations of staff and recommend approval to the County Commission of the <br />text amendment application as the proposal meets the goals and objectives of the Cass County Comprehensive <br />Plan and the Cass County Subdivision Ordinance and all other applicable regulations. <br /> <br />
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