10 - October 27, 2022 Planning Commission Meeting Packet

Page 2 of 3 Magellan Pipeline Company No comments were received prior to publishing the staff report. NuStar Energy No comments were received prior to publishing the staff report. Cass Rural Water This property is currently served by Cass Rural Water North Dakota Department of Transportation No comments were received prior to publishing the staff report. County Sanitarian No issues. Township Chairman No comments were received prior to publishing the staff report. The City of Fargo The City has no comment. The City of West Fargo No comments were received prior to publishing the staff report. Public Comment No comments were received prior to publishing the staff report. . Staff Analysis Land Use and Surrounding Uses The subject property is bound by agricultural production land on the west and south. Township road 147th Ave SE borders the east of the property with Swan Creek Tributary bordering the north. Floodzone According to the FEMA Flood Map Service Center, this property is currently located in Special Hazard Flood Area zone AE and floodway. In addition, no wetlands or other notable features are present on the proposed subdivision Lot. This property is located in a Limited or Minimal Disturbance Zone. As an alternative to using the established Minimal Disturbance Zone Setback along the blue line perennial watercourses, an applicant may request to use a site specific Minimal Disturbance Zone Setback, determined as a result of a detailed geotechnical investigation. The investigation must be performed by a registered professional engineer and testing firm acceptable to the County Engineer. (Section 610.4 previous ordinance, Section 5.04 (h) updated ordinance 9/19/22) Land Development Rights The subject quarter-quarter section currently is developed and requires the transfer of a development right. 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. Staff Recommendation Staff recommends two options to the Planning Commission for consideration: Deny the request for variance: A variance from the Minimal Disturbance Zone Setback requirements would set a negative precedent which may open the door to future requests to the Planning Commission thereby negating the goals and objectives set forth by the Comprehensive Plan. Accept the request for variance: The land is an existing government lot; however a residence has not been on this parcel since 1950s. Platting of this subdivision would include the platting on an existing unplatted parcel.