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e. The Grading and Drainage Plan results in removal of landscaping required by the <br />conditions of the Preliminary Plat approval, including landscaping along the south <br />boundary of the right of way, and landscaping along the wetland buffer. <br />2. Preserve Court Road Right -of -Way Issues: <br />a. The Final Plat proposes to create a right of way dedication for public street, a portion <br />of which is encumbered by the Williams Bros. pipeline easement, in contradiction to <br />the conditions attached to the Preliminary Plat approval, and in contradiction to the <br />City's right of way ordinance (City Code Chapter 2302). <br />b. Lots 1 through 5 of Block 1 fail to make accommodation for right of way located <br />outside of the Williams Bros. pipeline easement in accordance with the conditions of <br />the Preliminary Plat approval. <br />3. Preserve Trail has not been centered on the parcel it is being created from as required by <br />the conditions attached to the Preliminary Plat approval. <br />4. On the Final Plat submitted for approval on June 12, 2003, Lots 1 and 2, Block 2 (now <br />numbered as Lots 14 and 15, Block 1) have not been combined, as required by a condition <br />of Preliminary Plat approval. <br />5. Lot 15 does not comply with the City's Pipeline Setback policy that calls for a 50 setback <br />for principal structures from an existing pipeline easement. <br />6. The proposed Final Plat submitted on June 12, 2003 is substantially out of compliance <br />with the requirements of the Ramsey /Washington Metro Watershed District with regards <br />to encroachment into the 75 -foot wide wetland buffer zone, placing the efforts to protect <br />the wetland in jeopardy. The plat would create encroachments that are significantly <br />greater than the averaging approach allowed by the Watershed District. <br />7. Although the applicant has had continued discussions with Watershed District staff, final <br />documents demonstrating compliance with Watershed District requirements have not been <br />submitted nor approved by the Watershed District, nor have those documents been <br />submitted for review to the City. <br />Conclusion: The proposed Final Plat differs substantively from the approved Preliminary Plat <br />that was reviewed extensively by the City and the public at the public hearings. The changes go <br />far beyond the requirements and conditions attached to the Preliminary Plat approval. The <br />differences result in a need to hold a new public hearing on the revisions to the Preliminary Plat <br />prior to action on the Final Plat. <br />5 <br />