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Page 2 of 2 <br />Otter Tail Power Company No comments were received prior to publishing the staff report. <br />Magellan Pipeline Company No comments were received prior to publishing the staff report. <br />NuStar Energy No comments were received prior to publishing the staff report. <br />Cass Rural Water The applicants are not seeking rural water service, so we have no comment. <br />North Dakota Department of <br />Transportation No comments were received prior to publishing the staff report. <br />County Sanitarian No issues. <br />Township Chairman No comments were received prior to publishing the staff report. <br />The City of Fargo No comments were received prior to publishing the staff report. <br />The City of West Fargo No comments were received prior to publishing the staff report. <br />Public Comment No comments were received prior to publishing the staff report. <br />. <br />Staff Analysis <br />Land Use and Surrounding Uses <br />The subject property is bound by agricultural production land on the west, north and east. Township road 30th <br />ST SE borders the east. <br /> <br />Floodzone <br />According to the FEMA Flood Map Service Center, this property is located in Special Flood Hazard Area Zone <br />A. In addition, no wetlands or other notable features are present on the proposed subdivision Lot. <br /> <br />Land Development Rights <br />The subject quarter-quarter section currently is developed and requires the transfer of a development right. <br />Section 308 of the Cass County Subdivision Ordinance states that every quarter-quarter section is granted one (1) <br />Development Right to create a buildable lot with a minimum of 40 acres. Because the lot subdivision proposal is <br />less than 40 acres, a transfer of a development right is required along with a deed restriction. However, Section <br />308 does not allow for development rights to be transferred from lands located in the floodplain. Because the <br />1986 FIRM is the most currently adopted map, the proposed development would not be able to transfer <br />development rights because all the surrounding land in located in the 1% floodplain. As a result, if the <br />ordinance requirements were strictly adhered to, the subdivision application would not be able to go forward <br />because no transfer of development rights would be permitted. <br /> <br />Staff Recommendation <br />To accept the findings and recommendations of staff and recommend approval to the County Commission of the <br />subdivision application as the proposal meets the goals and objectives of the Cass County Comprehensive Plan, <br />the Cass County Highway Access Plan, the Flood Damage Prevention Ordinance, the Cass County Subdivision <br />Ordinance and all other applicable regulations, with the following conditions: <br /> <br />1. A deed restriction be recorded that meets the requirements of Section 308 of the Cass County Subdivision <br />Ordinance. <br /> <br />Attachments <br /> <br />1. Location Map <br />2. Plat Document <br />3. Deed Restriction <br />