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1a1 Chanhassen Pointe Business Center, Project 98-12, Final Plat Approval CITY OF CHANHASSEN P.c. DATE: L~-l c.c. DATE: 5-26-98 CASE: 98-1 SUB BY: Al-Jaff:v - "? ~ ) J l.. L ~ ::( - 3 .LJ - - '/) STAFF REPORT PROPOSAL: Final Plat to Subdivide 39.48 acres into 4 Lots, Chanhassen Pointe Business Center LOCATION: South of Lake Drive East, West of Dell Road, and North of Eden Prairie APPLICANT: Welsh Construction Corp. 8200 Nonnandale Blvd., Suite 200 Minneapolis, MN 55437-1060 Greg Voss 897-7843 MN/Chanhassen RFP HI L.L.Co., a Delaware L.LCo. CIO OE Investments 3003 Summer Street Stamford, CT 06905 (203)326-4064 PRESENT ZONING: lOP, Industrial Office Park ACREAGE: 39.48 acres ADJACENT ZONING AND LAND USE: N - Lake Drive East S - Eden Prairie, Residential E - Dell Road, Eden Prairie, Residential W - Chanhassen Estates, Residential SEWER AND WATER: Services are available to the site. SITE CHARACTERISTICS: The site is an old farmstead. There is an existing office industrial building on the west comer of the site. 2000 LAND USE: Office/Industrial and Residential Medium Density Chanhassen Pointe Business Center May 26, 1998 Page 2 PROPOSAL/SUMMARY On March 23, 1989, the City Council approved the preliminary plat for Subdivision #98-2 for Chanhassen Pointe Business Center as shown on the plat received February 24, 1998 with the following conditions: 1. Park and trail dedication fees to be collected per city ordinance. This condition still applies. 2. The applicant shall dedicate cross-access easements into Lots 1 and 2, Block 1. This condition has been modified to read "The applicant shall dedicate cross-access easements and maintenance agreement over Lots 1 and 2, Block 1. The City shall also be included in the cross-access easement for purposes of access to the pond for maintenance on Lot I." 3. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. This condition still applies. 4. The applicant shall provide detailed storm sewer calculations and drainage maps for IO-year and I DO-year storm events for the City Engineer to review and approve prior to final plat approval. This condition has been met. 5. The applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. This condition still applies. 6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. This condition still applies. Chanhassen Pointe Business Center May 26, 1998 Page 3 7. The appropriate drainage and utility easements should be dedicated on the final plat for all utilities and ponding areas lying outside the right-of-way. The easement width shall be a minimum of20 feet wide over the trunk storm sewer line. Consideration shall also be given for access for maintenance of the ponding areas. This condition has been partially met. The developer needs to grant access to the City through Lots 1 and 2 to access the pond on Lot 1 for maintenance purposes. 8. The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be a minimum of2 feet above the 100-year high water level. This condition still applies. 9. Existing wells and/or septic systems on site will have to be properly abandoned in accordance to City and Minnesota Department of Health codes/regulations. This condition still applies. 10. The proposed Industrial development of39.39 net developable acres is responsible for a water quality connection charge of $93,957 and a water quantity fee of $88,421. The applicant will be eligible for credit to the water quantity fee based on oversizing the design of the trunk storm sewer system. These fees are payable to the City prior to the City filing the final plat. This condition has been modified to read "The proposed Industrial development of J.9.:J.9 17.89 net developable assessable acres is responsible for a water quality connection charge of.$93,957 $82,884 and a water quantity fee of$88,121 $78,000. The applicant will be eligible for credit to the water quantity fee based on oversizing the design of the trunk storm sewer system. This credit equals $64,526, therefore, the total SWMP fee is $96,358. These fees are payable to the City prior to the City filing the final plat." 11. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall re-locate or abandon the drain tile as directed by the City Engineer. This condition still applies. 12. The installation oftraffic signals at the intersection of Lake Drive East and Dell Road is expected in the future. The developer shall be responsible for a share the local cost participation of this signal on a percentage basis based upon traffic generation from full development of this site in relation to the total traffic volume of Dell Road. Security or other acceptable means to guarantee payment for the developer's share of this traffic signal for the entire development will be required. Chanhassen Pointe Business Center May 26, 1998 Page 4 This condition has been modified to read "The installation of traffic signals at the intersection of Lake Drive East and Dell Road is expected in the future. The developer shall be responsible for a share the local cost participation of this signal on a percentage basis based upon traffic generation from full development of this site in relation to the total traffic volume of Dell Road. Security or other aeeeptable means to guarantee payment for the developer's share of this traffic signal for the entire development will be required or applicant shaD agree to waive any and aD procedural or substantive objections to the special assessments for their fair share of the traffic signal at Dell Road and Lake Drive East including, but not limited to, hearing requirements and any claims that the assessment exceeds benefit to the property." 13. If exporting of earthwork materials is necessary, a haul route and traffic control plan shall be submitted to the City for review and approval. This condition still applies. The applicant is requesting final plat approval to subdivide 39.49 acres into 4 lots. This subdivision is consistent with the preliminary plat and staff is recommending approval. SUBDIVISION The subdivision request consists of subdividing 39.48 acres into four lots. Lots 1,2, and 3 will contain the proposed office warehouse buildings. Lot 4 will contain the existing DataServ building. The zoning ordinance requires a minimum lot area of I acre. The lot areas are 8.71 acres for Lot 1,5.45 ac. for Lot 2,6.38 ac. for Lot 3, and 18.91 acres for Lot 4. The subdivision request is a relatively straightforward action. The following easements are either illustrated on the plat or should be acquired: 1. Standard drainage and utility easements around the perimeter of all lots. 2. Dedication of drainage and utility easements over ponds and drainage ways. GRADING The site was graded with the previous development (CSM/Chanhassen East Business Center). A regional storm water pond was constructed over the easterly portion of Lot 1. The pond receives storm water runoff from this proposed development as well as CSM development north of Lake Drive East. In addition, the city of Eden Prairie contributes some drainage from the south. The final grading plan proposes to "bench" in the site in order to develop building pads and parking lots and conform with the neighborhood topography. Based on the grading plan, quite a bit of earthwork will be necessary to prepare the site for development. Exporting and importing of earthwork material appears necessary. A haul route and traffic control plan will need to be submitted to the City for review and approval prior to construction commencing. The site Chanhassen Pointe Business Center May 26, 1998 Page 5 contains some existing berms along the south property line. The plans propose on modifying the length and height of some of the berms; however, there are limitations due to the existing landscaping and property lines. Generally, the berms will be increased in height from two to six feet. The berms will provide a screening of two to six feet along the southerly portion of the project from the proposed first floor building elevations. Individual berms are proposed along Lake Drive East to provide some buffering. Landscaping is also proposed on the berms to increase the screening. DRAINAGE In conjunction with the Chanhassen East Business Center, the regional pond on Lot 1 was constructed to collect the runoff from this development as well. An existing drainage swale runs through Lots 1 and 2. This drainage swale will be replaced with a trunk storm sewer system which will convey the runoff from Lake Drive and other properties into the regional storm water pond on Lot I for pretreatment. The applicant has been credited for the installation of this trunk storm sewer pipe against their surface water management fees (SWMP). Credits have been applied to the applicant's SWMP fees based on the cost difference between 24-inch pipe and the proposed pipe. The other storm sewer systems within the development will be considered private and owned and maintained by the property owners. The site receives storm water runoff from Eden Prairie to the south of the development. This drainage is proposed to be collected in the storm sewer system and conveyed to a regional pond to maintain the neighborhood drainage pattern. Drainage easements are being dedicated on the final plat to maintain drainage through the property. Based on the plans, it appears the drainage connection to Eden Prairie will require a temporary construction easement outside the plat to connect to the existing storm sewer system. The applicant will need to acquire the necessary construction easements from the property owners to perform the work. The applicant has submitted to the City detailed storm drainage calculations and drainage maps. Staff has reviewed them and finds them generally acceptable with minor modification. In addition, detailed construction plans and specifications have been prepared in accordance with the City's standard specifications and detail plates for the public storm sewer through Lots 1 and 2 from Lake Drive to the regional pond. Construction plans were returned for revisions and are expected to be returned by Tuesday, May 26, 1998. Since there are public utility improvements involved with the project the applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee installation of the public improvements and conditions of plat approval. EROSION CONTROL The final erosion control plan is in general accordance with the City's Best Management Practice Handbook. The plans propose on rock construction entrances at two locations along Lake Drive. The rock construction entrances shall be maintained until the driveways and parking lots have been paved with a bituminous surface. The applicant should be aware that existing erosion has occurred from the drainage swales into the regional pond. The applicant is advised that it will be Chanhassen Pointe Business Center May 26, 1998 Page 6 their responsibility to review the erosion damage that has occurred and notify the City accordingly to have this work completed prior to grading operations commencing or the applicant will assume all responsibilities for cleaning and correcting the erosion problems around the regional pond. UTILITIES Individual sanitary sewer and water services have been extended to the parcels from Lake Drive East. All sanitary sewer and water improvements installed outside the City's right-of-way for Lake Drive East shall be considered private and not maintained by the City. These utilities will be inspected by the City's Building Department. The utility improvements shall be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates and/or State Plumbing Codes. Fire hydrant locations have been approved by the City's Fire Marshal. STREETS The project is proposed to be accessed through four new driveway access points off of Lake Drive East. Staffhas reviewed the locations of the driveway and are comfortable with their locations. The existing driveway access to Dataserv's easterly parking lot (Lot 4) will be abandoned due to the steep grade. Driveways and parking lots provide good traffic circulation around the building sites. Cross-access and maintenance agreements will be needed for Lots 1 and 2. The City should also be included in this agreement to guarantee access to the storm pond through Lots 1 and 2 to perform maintenance functions to the pond. The new driveway access points along Lake Drive East may be in conflict with a City street light. The applicant shall be responsible for relocating any street lights. Staff recommends that the applicant look at shifting the common driveway access to Lots 1 and 2 easterly 5 feet plus or minus to avoid impacting the existing street light. . fn conjunction with the development ofChanhassen East Business Center, staff had a traffic study prepared for the region. The traffic study indicated acceptable levels of traffic (service) through the initial phases of Chanhassen East Business Center. The traffic study also indicated the need for a semaphore at the intersection of Lake Drive East and Dell Road in the future. This is all dependent upon phasing or timing of this development and the extension of Dell Road southerly to Highway 212. The development contract for Chanhassen East Business Center which included this property did have the requirement that the properties shall be responsible for their fair share of the cost for future installation of a traffic signal at the intersection of Dell Road and Lake Drive East. Security to guarantee payment for the developer's share of the traffic signal will be required in the development contract. FINAL PLAT The final plat needs to be revised to dedicate a 10-foot wide drainage and utility easement along the front and rear property lines of Lot 4 and a 5- foot wide drainage and utility easement over the west side of Lot 4. Chanhassen Pointe Business Center May 26, 1998 Page 7 WETLANDS A wetland delineation report was prepared by John Anderson with Wetlands Data on December 20, 1995. He found one non-jurisdictional wetland on site. The wetland is located southeast of the DataServ parking lot. After meetings with the Water Resources Coordinator, it was determined that the wetland was non-jurisdictional. The site was excavated in 1982 in a non- wetland area. Aerial photographs show that the site had been tilled through 1981. In 1982, the water retention pond and two softball fields were created. The remainder of the site remained as tilled agricultura11and. The ditch through Lot 1 was created in conjunction with the City's Lake Drive East project in 1989. The City has issued to DataServ a Certificate of Exemption for the consolidation or relocation of this pond south of DataServ's parking lot. Therefore, the wetlands on site are exempt from the wetland regulation process and the applicant may fill or drain it without replacement. SURFACE WATER MANAGEMENT PLAN (SWMP) Storm Water Quality Fees The SWMP has established a water quality connection charge for each new subdivision based on land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu ofland and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using market values ofland in the City ofChanhassen plus a value of$2.50 per cubic yard for excavation of the pond. SWMP water quality charge is $4,633/acre for industrial developments.-The total gross area of the site is 39.48 acres; however, existing development is exempt from SWMP fees. Therefore, the proposed development would be responsible for a net area of 17.89 acres which results in a water quality connection fee of $82,884. A regional stormwater pond has been constructed for both water quality and quantity on lot one by the previous development (CSM), and therefore the applicant is not eligible to build NURP ponds for water quality credit. The stormwater runoff from this development will run through this pond and be discharged under Dell Road into a natural wetland as per the City SWMP design. Storm Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city-wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels and storm water ponding areas for runoff storage. Industrial developments have a connection charge of $4,360 per developable acre. The total gross area of the property is 39.48 acres. However, existing development is exempt from the fees (Lot 4). Therefore, the proposed development would then be responsible for a net area of 17.89 acres Chanhassen Pointe Business Center May 26, 1998 Page 8 which results in a water quantity connection charge of $78,000. The oversizing and installation of trunk storm sewer lines will be eligible for water quantity credit of$64,526 to the applicant. The total SWMP charges for water quantity will be determined based on the cost of the trunk lines. COMPLIANCE TABLE - lOP DISTRICT Ordinance Building 1 Building 2 Building 3 Lot Area 1 acre 8.71 acres 5.45 ac. 6.38 ac. PARK AND TRAIL DEDICATION FEES The City is requiring that park and trails fees be submitted in lieu of park land. Fees are to be paid in accordance to city ordinance. One third of the fees will be required at the time of final plat recording. RECOMMENDATION liThe City Council approves the Final Plat for Subdivision #98-2 for Chanhassen Pointe Business Center as shown on the plat received, 1998 with the following conditions: 1. Park and trail dedication fees to be collected per city ordinance. 2. The applicant shall dedicate cross-access easements and maintenance agreement over Lots 1 and 2, Block 1. The City shall also be included in the cross-access easement for purposes of access to the pond for maintenance on Lot 1. 3. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 4. The applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 5. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. Chanhassen Pointe Business Center May 26, 1998 Page 9 6. The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be a minimum of 2 feet above the 100-year high water level. 7. Existing wells and/or septic systems on site will have to be properly abandoned in accordance to City and Minnesota Department of Health codes/regulations. 8. The proposed Industrial development of 17.89 net assessable acres is responsible for a water quality connection charge of $82,884 and a water quantity fee of $78,000. The applicant will be eligible for credit to the water quantity fee based on oversizing the design of the trunk storm sewer system. This credit equals $64,526, therefore, the total SWMP fee is $96,358. These fees are payable to the City prior to the City filing the final plat. 9. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall re-Iocate or abandon the drain tile as directed by the City Engineer. 10. The installation of traffic signals at the intersection of Lake Drive East and Dell Road is expected in the future. The developer shall be responsible for a share the local cost participation of this signal on a percentage basis based upon traffic generation from full development of this site in relation to the total traffic volume of Dell Road. Security to guarantee payment for the developer's share of this traffic signal for the entire development will be required or applicant shall agree to waive any and all procedural or substantive objections to the special assessments for their fair share of the traffic signal at Dell Road and Lake Drive East including, but not limited to, hearing requirements and any claims that the assessment exceeds benefit to the property. 11. If exporting of earthwork materials is necessary, a haul route and traffic control plan shall be submitted to the City for review and approval. 12. The applicant shall provide the city with the legal description of the easements proposed to be vacated. 13. The final plat shall be revised to dedicate a lO-foot wide drainage and utility easement along the front and rear lot line of Lot 4 and a 5- foot wide drainage and easement along the west lot line of Lot 4. 14. No berming or landscaping will be allowed within the right-of-way. Landscape materials shall not be placed within drainage swales or over utility lines. 15. The common driveway access to Lots 1 and 2 should be relocated to avoid conflict with the existing street light on Lake Drive East. 16. The developer shall be responsible for obtaining a temporary construction easement from the property/properties for the storm sewer construction south of Lot 3 in the City of Eden Prairie. Chanhassen Pointe Business Center May 26, 1998 Page 10 17. The developer shall review the site conditions prior to construction for existing erosion control problems or damaged streets and utility improvements. Once construction activities commence the developer assumes full responsibility for site conditions and any corrections prior to issuance of a certificate of occupancy. 18. The construction plans dated May 1, 1998 shall be revised per staffs comments and revised plans submitted to the City by Tuesday, May 26, 1998." ATTACHMENTS 1. Memo from Dave Hempel dated May 20, 1998 2. Final Plat G:\plan\sa\chanpointe Final.doc CITY OF CHANHASSEN ~ity Center Drive, PO Box 147 anhassen, Minnesota 55317 Phone 612.937.1900 ;eneral Fax 612.937.5739 :ineering Fax 612.937.9152 lie Safety Fax 612.934.2524 .b www.ci.chanhassen.mn.us MEMORANDUM TO: Sharmin Al-Jaff, Planner II Dave Hempel, Assistant City Engineer ~ FROM: DATE: May 20, 1998 SUBJ: Review of Final Plat for Chanhassen Pointe Business Center Project No. 98-12 Upon review of the final plat drawings prepared by RLK and Associates dated May 1, 1998, I offer the following comments and recommendations: GRADING The site was graded with the previous development (CSM/Chanhassen East Business Center). A regional storm water pond was constructed over the easterly portion of Lot 1. The pond receives storm water runoff from this proposed development as well as CSM development north of Lake Drive East. In addition, the city of Eden Prairie contributes some drainage from the south. The final grading plan proposes to "bench" in the site in order to develop building pads and parking lots and conform with the neighborhood topography. Based on the grading plan, quite a bit of earthwork will be necessary to prepare the site for development. Exporting and importing of earthwork material appears necessary. A haul route and traffic control plan will need to be submitted to the City for review and approval prior to construction commencing. The site contains some existing berms along the south property line. The plans propose on modifying the length and height of some of the berms; however, there are limitations due to the existing landscaping and property lines. Generally, the berms will be increased in height from two to six feet. The berms will provide a screening of two to six feet along the southerly portion of the project from the proposed fust floor building elevations. Individual berms are proposed along Lake Drive East to provide some buffering. Landscaping is also proposed on the berms to increase the screening. DRAINAGE In conjunction with the Chanhassen East Business Center, the regional pond on Lot 1 was constructed to collect the runoff from this development as well. An existing drainage swale runs through Lots 1 and 2. This drainage swale will be replaced with a trunk storm sewer system which will convey the runoff from Lake Drive and other properties into the regional storm water pond on Lot 1 for pretreatment. The applicant has been credited for the installation of this trunk storm sewer pipe against City of Challhassell. A growing community with clealllakes, quality schools, a channing downtown, thriving businesses, and beautiful parks. A great place to liue, work, find play Sharmin AI-Jaff May 20, 1998 Page 2 their surface water management fees (SWMP). Credits have been applied to the applicant's SWMP fees based on the cost difference between 24-inch pipe and the proposed pipe. The other storm sewer systems within the development will be considered private and owned and maintained by the property owners. The site receives storm water runoff from Eden Prairie to the south of the development. This drainage is proposed to be collected in the storm sewer system and conveyed to a regional pond to maintain the neighborhood drainage pattern. Drainage easements are being dedicated on the final plat to maintain drainage through the property. Based on the plans, it appears the drainage connection to Eden Prairie will require a temporary construction easement outside the plat to connect to the existing storm sewer system. The applicant will need to acquire the necessary construction easements from the property owners to perform the work. The applicant has submitted to the City detailed storm drainage calculations and drainage maps. Staff has reviewed them and finds them generally acceptable with minor modification. In addition, detailed construction plans and specifications have been prepared in accordance with the City's standard specifications and detail plates for the public storm sewer through Lots 1 and 2 from Lake Drive to the regional pond. Construction plans were returned for revisions and are expected to be returned by Tuesday, May 26, 1998. Since there are public utility improvements involved with the project the applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee installation of the public improvements and conditions of plat approval. EROSION CONTROL The final erosion control plan is in general accordance with the City's Best Management Practice Handbook. The plans propose on rock construction entrances at two locations along Lake Drive. The rock construction entrances shall be maintained until the driveways and parking lots have been paved with a bituminous surface. The applicant should be aware that existing erosion has occurred from the drainage swales into the regional pond. The applicant is advised that it will be their responsibility to review the erosion damage that has occurred and notify the City accordingly to have this work completed prior to grading operations commencing or the applicant will assume all responsibilities for cleaning and correcting the erosion problems around the regional pond. Sharrnin AI-laff May 20, 1998 Page 3 UTILITIES Individual sanitary sewer and water services have been extended to the parcels from Lake Drive East. All sanitary sewer and water improvements installed outside the City's right-of-way for Lake Drive East shall be considered private and not maintained by the City. These utilities will be inspected by the City's Building Department. The utility improvements shall be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates and/or State Plumbing Codes. Fire hydrant locations have been approved by the City's Fire Marshal. STREETS The project is proposed to be accessed through four new driveway access points off of Lake Drive East. Staff has reviewed the locations of the driveway and are comfortable with their locations. The existing driveway access to Dataserv's easterly parking lot (Lot 4) will be abandoned due to the steep grade. Driveways and parking lots provide good traffic circulation around the building sites. Cross-access and maintenance agreements will be needed for Lots 1 and 2. The City should also be included in this agreement to guarantee access to the storm pond through Lots 1 and 2 to perform maintenance functions to the pond. The new driveway access points along Lake Drive East may be in conflict with a City street light. The applicant shall be responsible for relocating any street lights. Staff recommends that the applicant look at shifting the common driveway access to Lots 1 and 2 easterly 5 feet plus or minus to avoid impacting the existing street light. In conjunction with the development of Chanhassen East Business Center, staff had a traffic study prepared for the region. The traffic study indicated acceptable levels of traffic (service) through the initial phases of Chanhassen East Business Center. The traffic study also indicated the need for a semaphore at the intersection of Lake Drive East and Dell Road in the future. This is all dependent upon phasing or timing of this development and the extension of Dell Road southerly to Highway 212. The development contract for Chanhassen East Business Center which included this property did have the requirement that the properties shall be responsible for their fair share of the cost for future installation of a traffic signal at the intersection of Dell Road and Lake Drive East. Security to guarantee payment for the developer's share of the traffic signal will be required in the development contract. Sharmin AI-Jaff May 20, 1998 Page 4 FINAL PLAT The final plat needs to be revised to dedicate a 10-foot wide drainage and utility easement along the front and rear property lines of Lot 4 and a 5-foot wide drainage and utility easement over the west side of Lot 4. RECOMMENDED CONDITIONS OF APPROVAL 1. The final plat shall be revised to dedicate a to-foot wide drainage and utility easement along the front and rear lot line of Lot 4 and a 5-foot wide drainage and easement along the west lot line of Lot 4. 2. No berming or landscaping will be allowed within the right-of-way. Landscape materials shall not be placed within drainage swales or over utility lines. 3. The common driveway access to Lots 1 and 2 should be relocated to avoid conflict with the existing street light on Lake Drive East. 4. The developer shall be responsible for obtaining a temporary construction easement from the property/properties for the storm sewer construction south of Lot 3 in the City of Eden Prairie. 5. The developer shall review the site conditions prior to construction for existing erosion control problems or damaged streets and utility improvements. Once construction activities commence the developer assumes full responsibility for site conditions and any corrections prior to issuance of a certificate of occupancy. 6. The City shall be included in the use of the cross-access easement over Lots 1 and 2 to gain access to the storm water pond to perform maintenance functions. 7. The construction plans dated May 1, 1998 shall be revised per staff's comments and revised plans submitted to the City by Tuesday, May 26, 1998. Jms c: Anita Benson, City Engineer g:\eng'<lave\pc\ehanpointe.fmal.dot