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Council continues Cousins Subdivision second plat amendment after topography, access and floodplain discussion
Summary
Councilors continued a request to reduce the city's 50-foot setback from the FEMA-delineated floodplain to 25 feet for Lot 3 of the Cousins Subdivision at 840 South Strandtown Road, directing staff and the applicant to work together on a minimal, site-specific adjustment tied to contours and access needs.
The Midway City Council continued consideration of a second plat amendment for the Cousins Subdivision at 840 South Strandtown Road after an extended discussion about reducing the cityad's 50-foot setback from the delineated FEMA floodplain to 25 feet and about site topography and safe access.
Michael, representing city planning staff, told the council the code for small-scale subdivisions contains flexible language on setbacks and said: "It says substantial efforts. It doesn't say shall." He explained the city has adopted a 50-foot setback as a local standard for stream corridors even though "FEMA doesn't require any type of setback from the flood zone area," and that federal regulation only prohibits building inside the delineated floodplain. Michael also said, "Per FEMA regulation, you can't build in this area," referring to the blue floodplain shown on maps.
Glenn Lend, who identified himself as the property owner and applicant, described site constraints and access concerns. "I own this property," he said, and later: "Part of it is the turnaround. I'm worried about a turnaround. I want a safe turnaround." Lend said the lots rise sharply from the creek and that much of the lower acreage is unusable because of the combined front-yard and floodplain setbacks: "I literally cannot use this space down here at all, all the way up to here. And from here, from the road to my setback right now is over 200 feet."
A resident who spoke during public comment, Tom Bantyne of Cascade Meadows, told the council he had researched local flood risk after recent storms and said, "I don't think we have any concern about flooding there." He added that his neighborhood sits at higher elevations than the subject property.
Councilmembers examined contour and slope issues, asked for elevation estimates and discussed city code mechanics. Staff and several councilmembers estimated the elevation rise from the floodplain to the 25-foot line at roughly 15 feet, with a smaller rise between the 25-foot and 50-foot lines. Councilmembers raised two related concerns: protecting stream corridors and avoiding a blanket change that would set an overly permissive precedent for other small lots.
Multiple councilmembers suggested a site-specific approach tied to topography rather than a straight, across-the-board 25-foot setback. One councilmember summarized the preferred next step: have the applicant "sit down with planning and engineering to see what the building envelope would look like" and then return with a narrowly tailored proposal. That approach would seek the "minimum" change needed to make safe access and turnaround workable for emergency and delivery vehicles while preserving openness along the stream.
On a motion to continue the application to allow staff and the applicant to produce a revised, site-specific proposal, the council voted with recorded "aye" votes from Craig, Kevin, Lisa and JC. The council continued the item and directed staff to work with the applicant on a plan that identifies the smallest necessary adjustment and, where feasible, follows the site's contour lines rather than an arbitrary straight line.
The applicant and staff will return the amended plat proposal to a future council meeting for formal consideration.
