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• <br />• <br />• <br />Dairy Queen <br />April 12, 2000 <br />page 3 <br />• Plat Issues <br />This site is part of a preliminary plat that was approved by the City in December 1997. <br />No final plat was approved. It is not clear how or why the Amoco convenience store was <br />approved without a final plat. At any rate, is best to clean up this situation by requiring <br />that a final plat be approved as a condition of approval for the Dairy Queen site plan and <br />CUP. <br />The proposed final plat is attached. On the submitted final plat, Block 2 includes two lots <br />where the preliminary plat had only one larger lot. Staff does not view this as a problem <br />at this time because the remainder of the site is to be platted as a large outlot. In the <br />future, if the landowner wants to create more lots overall than were approved by the <br />preliminary plat, we will require a new preliminary plat. However, since we do not know <br />how many lots will ultimately be created, staff is comfortable with the number of lots on <br />the submitted final plat. <br />We are not technically reviewing a final plat application. However, because the final plat <br />will be a condition of approval for the Dairy Queen, it is appropriate to discuss the <br />preliminary plat conditions. Failure to meet the conditions of approval of the preliminary <br />plat will delay approval of the final plat, which will delay the Dairy Queen project. <br />Conditions of Approval for Preliminary Plat, 1997: <br />1. Consideration is given to expanding the width of Lot 2 Block 1 in a manner such that <br />it is consistent with other lot widths within the subdivision. <br />This was not a strict requirement, rather a suggestion. Lot 2 meets the minimum <br />lot width at the setback line. <br />2. The right -of -way width of Northern Lights Blvd. is expanded from 60 feet to 80 feet in <br />accordance with City Subdivision standards for commercial /industrial streets. <br />This condition was eliminated by the City Council. Sixty feet was deemed <br />acceptable based on the recommendation of the City Engineer at the time. <br />3. A wetland mitigation plan is submitted and approved by the City Engineer. <br />The Rice Creek Watershed District has permitting authority over wetland impacts. <br />A wetland plan was approved by the RCWD in 1997 and amended in 1998. <br />However, RCWD has sent numerous letters to the landowner regarding lack of <br />compliance with the permit conditions. <br />An October letter to the landowner states: "Your permit on this site is a rough <br />graded and wetland alteration plan only. You must obtain a final site grading <br />permit before any additional impervious surfaces or buildings are installed." A <br />February 2000 letter states that the RCWD will be drawing from the landowner's <br />