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Home My WebLink AboutEDA January 4, 2005 r) '- CITY o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING January 4,2005 - 6:00 p.m. Conference Room A & B AGENDA 1. Call to Order 2. Approval of Minutes - December 7,2004 .'j \-./ Approve TCF Architectural/Site Plans - Planning 3. 4. Approve Andover Station North Design Guidelines - Planning 5. Other Business 6. Adjourn :J @ ~J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Economic Department Authority CC: Jim Dickinson, Executive Director FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: January 4, 2005 INTRODUCTION The following minutes were provided by TimeSaver for approval by the EDA: 0 December 7, 2004 Regular Meeting (Larsen, Nowak, Schultz absent) DISCUSSION Attached is a copy of the minutes for your approval. ACTION REOUIRED The EDA is requested to approve the minutes of December 7, 2004. Respectfully submitted, {LL-{/4 Vicki V olk City Clerk ;~ :) DRAFT ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING DECEMBER 7,2004 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by President Mike Gamache, December 7,2004, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Commissioners Don Jacobson, Mike Knight, Ken Orttel, and Julie Trude Absent: Voting resident members Fred Larsen and Robert Nowak; and Non-voting resident members Edward Schultz Also present: Executive Director, Jim Dickinson Community Development Director, Will Neumeister City Engineer, Dick Berkowitz Others ::j APPROVAL OF MINUTES November 3, 2004: Correct as written. MOTION by Orttel, Seconded by Jacobson, approval of the Minutes as written. Motion carried unanimously. BRUGGEMAN LAND SALE UPDATE Executive Director Dickinson stated Bruggeman Properties has worked on preparing preliminary plat drawings for their proposed townhome development at Andover Station North. Staff continues to work on the purchase agreement with them. As indicated at the last EDA meeting, Bruggeman Properties is no longer interested in completion of streets and utilities to serve their fIrst phase by August 1,2005. Instead they would prefer the summer of2006 for completion of the fIrst phase of Jay Street and construction of units in the fIrst phase of their housing development at Andover Station North by the fall of2006. Bruggeman Properties has provided a new letter of intent, which has been reviewed and deemed ,-., acceptable by staff. The new letter has been adjusted to accommodate a new development 'J schedule and to address issues associated with the failure to reach an acceptable agreement with Mr. Brad Povlitzki to sell the adjacent property. Commissioner Orttel asked if there was any progress on the sale of the Povlitzki property. Mr. ~.) Andover Economic Development Authority Meeting Minutes - December 7, 2004 Page 2 Dickinson stated Bruggeman met with Mr. Povlitzki and there was no desire to sell the property at this time. Mr. Neumeister stated they will leave the option open for future development. Commissioner Orttel thought the City should mediate this to try to get the parcel sold. Mr. ScWenk stated by leaving Mr. Povlitzki's property, they are leaving it intact with an easement. Mr. Neumeister stated in the purchase agreement there will be a section regarding bearing the cost of the street improvements. In the meantime, they will ask Bruggeman to cover the cost of that development. Commissioner Trude asked if they would place the road elsewhere if they were not trying to help the adjoining property. Mr. ScWenk did not think they would. Commissioner Trude thought they could eliminate the southern road and have the homes use the north road. Mr. Neumeister stated they would like to keep the loop in the road for easier access because there will still be quite a few homes. Commissioner Knight asked if Mr. Povlitzki would be allowed to change the style. Mr. " Neumeister stated he could but would have to come in for approval on his own. V Commissioner Knight asked the reason for the time extension. Mr. ScWenk stated the market has slowed down so they are asking for the extension. Mr. Dickinson stated they are more comfortable with the extension because it gives them more time to work on the layout of the site. Commissioner Trude thought they will still have a problem in a year because in surrounding cities there are a lot oftownhomes being built and she wondered who was purchasing them all. Commissioner Jacobson asked what assessments are on the property. Mr. Dickinson stated there were none on this property but there is an outstanding assessment on the Povlitzki property. Commissioner Jacobson asked ifit was normal to provide fInished grading. Mr. Neumeister stated they have established that the site was almost twenty-fIve to thirty thousand cubic yards short of dirt and they have been working on a grading plan with Bruggeman that will bring them within four thousand yards of being short of dirt. By doing the mass grading, this helps them a lot because they do not have to import the dirt and they can do the dirt moving on site. Mr. Berkowitz stated it is basically rough grading. It gets the site within two-tenths of fInished grade. Commissioner Jacobson stated they pay all of the fees outside including payment of trunk fees or similar charges and asked if they are fIguring this into their land price. Mr. Dickinson stated the City will be paying for off site utilities, not on site. Mr. Neumeister stated it indicates the C~ developer will be paying the hook up charges and it is in the contract. Motion by Knight, Seconded by Orttel, accept the letter of intent and authorize the Executive Director and City Attorney to negotiate and execute a purchase agreement based on the terms and conditions outlined in the letter of intent. ; " Andover Economic Development Authority Meeting l,~ Minutes - December 7, 2004 Page 3 Commissioner Trude stated she has been voting against this project the entire time because it exceeds the ten acres that they agreed to turn into housing to meet Met Council requirements. This is actually seventeen. Mr. Dickinson stated the President will also need to sign this agreement. The Commission agreed to this. Motion carried 4 ayes, I nay (Trude). ANDOVER STATION SOUTH PROPOSAL - RYAN PROPERTIES (CONTINUED) Executive Director Dickinson explained Ryan Companies would like to review with the EDA their plans for the proposed 10,000 square foot building located at the corner of Martin Street and Bunker Lake Boulevard. 0 The City Planning and Administrative staff met with Ryan's architects and they have made changes to carry elements of the architectural theme from the front of the building to the rear of the building. They propose to use the same integral colored break-off block used on the Target building, including the light tan color banding and lattice work. They have agreed to put decorativelighting fIxtures on all sides of the building. Mr. Tom Palmquist presented the revised changes to the Commission. He showed the change to the entrance of the retail building. Commissioner Knight stated he was going to suggest signage on the back so it did not look like the back. He wondered how signifIcant the signs would be. Mr. Palmquist explained the signage to the Commission. Commissioner Trude thought this will look bad having the back facing Bunker because of the conduit boxes on the wall. Mr. Palmquist thought this would be done internally along with the trash. Mr. Neumeister stated the Planning Commission will need to review the drive-thru and he recommended bringing the signage before them also. Mr. Dickinson stated the trash enclosures are internal. 0 Commissioner Jacobson asked if the rooftop units would be screened by the parapet. Mr. Palmquist stated they would and showed a drawing where the unit would be located. Mr. Nate Ingard stated the rooftop in the diagram will be larger than normal. Commissioner Orttel assumed this would still be reviewed by the ARC Committee. / "\ Andover Economic Development Authority Meeting '-~ Minutes - December 7, 2004 Page 4 Commissioner Jacobson asked if there would be any signage on the northeast corner. Mr. Palmquist stated the way the OEA read, the tenant can place signage on the front and back or front and side but they will not have a monument sign. Mr. Palmquist stated a landscape plan will be the same as what Target has and they would bring this back for approval. Commissioner Trude thought they set this land aside for a restaurant. Mr. Palmquist stated they would rather have a restaurant there but they have not been able to fInd an individual business for this site. Commissioner Knight stated one of the things he is concerned about is the drive-thru traffic blocking the traffic that is parked. Mr. Palmquist stated they even have the problem with a regular parking lot at peak times. Commissioner Orttel wondered if they could leave out some of the curbing in the parking lot to eliminate congestion. Mr. Palmquist stated the parking lot is not any different from any other .'~\ parking lot they have done. Mr. Dickinson stated this item will come back for further review by 'J the Planning Commission. Commissioner Jacobson stated what they are ending up with is something different than the original concept they envisioned and he was concerned about the future livelihood of these strip malls. Commissioner Knight wondered if on the back side they could have opaque glass block instead of brick to make it look less like the back of a building. Commissioner Orttel thought they could use glass block above the doors to allow light through. Mr. Ingard stated they have incorporated lighting into the back with recessed light into the canopies to create an interesting look in the back. Mr. Palmquist explained how the lighting will look on the back of the building. Mr. Palmquist stated there will be extensive landscaping around the building to break up the building along Bunker. Commissioner Knight suggested having a right in only closer to the entrance. Motion by Jacobson, seconded by Orttel, to approve the revised proposal with extensive landscaping along Bunker Lake Boulevard. . C~J Commissioner Trude stated she talked to Dean Hanson about the site plan and he stated he did not like it and hoped it would not be approved. She stated she would not vote in favor of this because she did not like the layout of the building. CJ Andover Economic Development Authority Meeting Minutes - December 7, 2004 Page 5 Commissioner Knight stated he would like to see more done with the back of the building. Motion carried 4 ayes, I nay (Trude) DISCUSS ANDOVER STATION NORTH DEVELOPMENT PROGRESS Mr. Neumeister stated Mr. Mike Casey has been working with his attorney on a letter of intent for the building north of the bank. He is working with the City because he would like to see the buildings go in next year along with Jay Street. Mr. Casey stated he is trying to compile a builder's showcase in the area. Mr. Neumeister updated the Commission on the buildings that will be going into the area. ANDOVER STATION DEVELOPMENT STANDARDS - SIGNAGE " Community Development Director Neumeister stated the EDA developed a set of design \....,./ standards for Andover Station to encourage attractive uniform development throughout the project area. The design standards about signage need to be interpreted to process a sign request by Walgreen's. An email from Member Nowak was submitted stating he was against approval of the sign for Walgreens. Commissioner Orttel wondered how the EDA has the right to make this decision. He thought this should be the Association decision. Neumeister stated this was a citywide code. Motion by Jacobson, seconded by Orttel, to retain the existing sign standards the City has. Motion carried unanimously. OTHER BUSINESS City Engineer Berkowitz updated the Commission on Andover Station North improvements. Mr. Berkowitz stated Great River Energy will have an assessment for the study. Commissioner Jacobson stated they already have access to Bunker so they need to prove benefIt in order to assess them. He stated the Povlitzki land will have around six hundred thousand in assessments C) and Mr. Povlitzki asked for deferment. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting. adjourned at 7:00 p.m. /- -" Andover Economic Development Authority Meeting , J Minutes - December 7, 2004 - Page 6 Respectfully submitted, Susan Osbeck, Recording Secretary /'-, '- .1 , , -j (JJ r- " \ . 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: President and EDA Members CC: Jim Dickinson, Executive Director FROM: Will Neumeister, Community Development Director &./~ SUBJECT: Approve TCF Architectural/Site Plans - Planning DATE: January 4,2005 INTRODUCTION On November 3, 2004 the EDA was shown preliminary site and architectural plans for the new TCF Bank that is proposed to be built at the northwest comer of Quinn Street and Bunker Lake Boulevard. At that meeting, it was discussed briefly, and the comment was made "...that the final word was to be given by the EDA regarding the building and materials used". . -, ( \~ .1 DISCUSSION The lot division for the TCF Bank was given approved by the City Council on the consent agenda on November 3, 2004 (see attached minutes). The proposed design ofthe building conforms to the prototype of all TCF Banks. There will be a Conditional Use Permit (C.U.P.) approval necessary for the drive-thru bank operation. The C.U.P. is currently scheduled to be on the January 11,2005 Planning Commission agenda. Should the EDA require changes be made to the architectural or site plans then this will need to be explained at the Planning Commission meeting. Staff is recommending approval of the building and site plans as drawn (see attached). The applicant shall be required to obtain Commercial Site Plan approval as well; and small adjustments may result from the review ofthe detailed site plans. ACTION REOUESTED The EDA is requested to review and approve the schematic architectural and site plans for a new TCF Bank at the comer of Quinn Street and Bunker Lake Boulevard (see attached drawings). Respectfully submitted, M- Will Neumeister Attachments Architectural Plan for TCF ,/ /' Site Plan for TCF ,/ \. ' "- ./ November 3, 2004 - EDA Minutes / <~ 7: - - ~~ ~~ \ ~ .1 0 , i , ~ 1 'i '.~ \ i I ~ Wz D." ~- off} "'c 0> a: a: D.... 0 LLZ Ow ... rr: w > 0 0 0 W Z > <t: ill ~ LL 0 LJ 0 UJ W = ~ a: 0 I.~ I.... ~ =t~ 0 -2- I , 0 - ;.-- 0:: '-\J :/ 0 0 0 '7 ~. <( -- LL "J L: 0 .' ) \.... >- W cL t: I U , ! , i 0 -3- '1=-:::---7""'"1-- ~"~'''~O:c' -- n"--l"""l "'"4 ~ "K'I __ ,.....____._..~...~.._~...M_.._.M..___. UOt-ltES9 Nn '3l1:ll'f1ld N3<J3 '" \ sa~.-- ~ -:r:r::;;:~e~:: = .~~;~~~~~~~~~~~~~. 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Z t~os ~ ~~u~> Q~ ~ gffi ~ 00 ~~ ~ ~~~~ ~i ~~ ~g~~ i~~~~ ~~ W ~~~~3 ~o ~~ ~6 ~ ~ ~5 ~ i 1111111 I . ~ l,~5 il i " '~o.~~o.l I I r r I I I I U \.11 // ~ I I I I I I I I I // ----- ii i .' iii iii iii 'm' .-. . ,II \, I" u ,II 1" ,II i: I" ~ .11 I" ~ ,II j' I" ~ -I ,II r.q L ~ "I I" I. .11 0 I I" l:q ,II ~ i I" ,II ~ i I" ~ I .11 I" ~ I .11 I" :::i i iiIi' l:q 'II". ,II I 1 i I I" d .11 I I" I ,/1 I I" I I ,II i I" Q' , , , , , , , "e" 'II ' 'n u .11 II I I I I I I I I I ~ I I I I I I I I" I I I I I I I I 4+ I I., I I I ,II I 1-,-11-1-11-1-1 ~11-r:T'rl-T Iii I I I I I I I I I I I I I I I I I I I I I I I I I I L-....J I I I I I r;;:-'\."","''' i".",', -1- ...------.- / " Andover Economic Development Authority Meeting "'~j Minutes - November 3, 2004 Page 4 OTHER BUSINESS . Mr. Neumeister updated the Commission on the TCF building development at Andover Station South. Commissioner Jacobson stated if the Council accepts the split, the EDA still looks at this and has the fInal word on the building and materials used. Commissioner Trude wondered why they would waive the ten foot parking setback. She wondered if this would affect snow storage. Mr. Neumeister stated this would not have an impact on the site because it is parking to parking. ..- " Commissioner Jacobson stated his concern was he wanted to be sure the building was aligned \J correctly. Motion c Susan Osbeck, Recording Secretary ,. '\ '0 -:;- '. , , Regular Andover City Council Meeting Minutes - November 3, 2004 Page 3 CONSENT ITEMS Item 2 Approval of Claims Item 3 Declare Costs/Order Assessment RoII/03-2/Woodland Creek Golf Villas (See Resolution RI84-04) Item 4 Declare Costs/Order Assessment RoII/04-9/Crosstown Meadows (See Resolution RI85-04) Item 5 Accept Petition/Order Feasibility Report/04-48/Deer Oaks/Storm Sewer & Streets (See Resolution RI86-04) ~. Item 6 Approve Vending Proposal- Community Center r / C F ".. Item 7 Consider Preliminary Plat/Andover Marketplace 2nd Addition/2218 Bunker Lake Blvd. NW (See Resolution RI87-04) rTcr t;. Item 8 Consider Final Plat/Andover Marketplace 2nd Addition/2218 Bunker Lake Blvd. NW (See Resolution RI88-04) Item 9 Approve Transfers and Closing Funds Item 10 Call For Bond Sale/2005 General Obligation Equipment Certificates (Res. 189-04) .,' '\ <J ion by Jacobson, Seconded by Trude, approval ofthe Consent Agenda as read. Motion carried unam usly. City Clerk V olk reviewe e local election results and presented the resolution to the City Council for approval. Mayor Gamache thought everything t smoothly and the judges did a fantastic job. Council member Orttel wondered where the n bers come from for the television stations because they were different than what was published. Ms. Ik eXplained the numbers are transmitted to the County and the County disperses them. Mr. Dickin stated the County takes the preliminary numbers and produces them for immediate media pres Secretary of State. Councilmember Trude wondered how long the judges were working. s. Volk thought the last judge was done at 10:30 p.m. She stated she had two of the staffmembe Cindy Ramseier and Michelle Hartner helping and fIve public works members come in at 5 :45 a.m. and it worked out really well. i" ) Motion by Jacobson, Seconded by Trude, to approve the resolution canvassing the electio -- Motion carried unanimously. (Res. RI90-04) -6- (i) ,---...... '. j 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA President and Board ~ CC: Jnn D;,Ici..oo, ",,",utivo D;=~ FROM: Will Neumeister, Director of Community evelopment /l/ci-- SUBJECT: Approve Andover Station North Design Guidelines -- Planning DATE: January 4, 2005 INTRODUCTION In October, 2004 the EDA discussed changing the uses that are allowed in Andover Station North. Purchase agreements with potential buyers will reflect that they must comply with the design guidelines/standards for Andover Station North. These design standards state the uses that can be developed and also to what standards they will be required to be built to. Therefore the need to review and adopt the Andover Station North Design Guidelines. " DISCUSSION . i \",,/ At the October meeting, staff proposed changes to the uses that would be allowed. Those recommended changes are reflected in the attached documents. As you will recall there has been interest in building light industrial buildings housing a "Builders Showcase". This type of building would include tenants related to the home building trade. The building could include all the product and services that may be needed in the construction of a new home. All storage of materials would be inside, only company trucks and trash/dumpster enclosures would be allowed outside at the rear of the building away from view. Other miscellaneous changes that are recommended are shown with underlining and strikeouts. These will be discussed at the EDA meeting. ACTION REOUESTED The EDA is asked to review and provide direction on the proposed changes to the Andover Station Design Guidelines. Should the EDA require additional time to review, this item may be continued to the January 18,2005 EDA meeting. Respectfully submitted, tP'//A-- Will Neumeister Attachments ,,--, Highlights of Changes ,; l ) Proposed "Andover Station North" Design Guidelines J - - Highlights of Changes to Guidelines 0 1.12 "Permitted Uses" shall mean the permitted uses of the Property be limited to community commercial, office, entertainment, office warehouse and residential as defIned below. The uses shall be limited to those as defIned herein. If there is a question as to whether or not a use meets the defInition, the Economic Development Authority shall make that interpretation. Permitted uses shall be allowed only in the areas specifIed on Exhibit B for which they are specifIed below. The Block and Lot designations in fInal plats approved for phases of development may differ from those specifIed below. However, the permitted uses shall continue to be those specifIed below for the Lots identifIed on Exhibit B. Community Commercial Establishments engaged in commercial operations including retail trade and services and hospitality industries. Areas designated as Community Commercial are shown on Exhibit B. Preferred uses shall include, but are not limited to, the following: . Apparel and Clothing . Barber and Beauty Shop . Book Store . Florist . Food and Grocery Stores . Jewelry Store . Leather Goods . Music Store . Photography Studio . Optometrist . Sporting Goods 0 Permitted uses shall include the following: . Antiques . Bicycles . Bakeries . Candy . Carpets & Rugs . Catering Establishments . China & Glassware . Clothing & Costume Rental . Department Stores . Electrical Sales & Repair . Furniture . Gifts . Hobby Shops . Household Appliances . Interior Decorating . Laundry & Dry Cleaning Pickup . Locksmith Shop . Luggage . Office Supply & Equipment . Paint & Wallpaper Sales . Pharmaceutical . Restaurants . Tailoring . Tobacco . Toys . Variety Stores . Video Store Rental & Sales . Liquor Store Sales - Off-Sale Office Establishments engaged in strictly office operations not requiring loading or warehousing facilities. Areas designated for Office uses are shown on Exhibit B. The following are permitted uses: 0 . ScientifIc and Technology Industries -2- . Office and Administrative Facilities ..~ . Financial Institutions . Conference Centers . Health and Dental Care Facilities . Hotels and Motels . Day Care Facilities . Veterinary Hospital Office\Warehouse Establishments engaged in operations requiring both office and warehousing facilities. Office space shall constitute at least 20% of floor area. There shall be minimal impact upon the surrounding environment by noise, vibration smoke, dust or pollutants. Areas designated as Office\Warehouse are shown on Exhibit B. The following are permitted uses: . Indoor limited retail sales accessory to office\manufacturing uses . ScientifIc and Technology Industries . Indoor Showroom . Office and Administrative Facilities Entertainment Areas designated as Entertainment are shown on Exhibit B. The following are permitted uses: . Theatres 0 . Restaurants (with or without on sale liquor) . Health Club . Private Clubs, Lodges, Halls or Convention Centers . Indoor Commercial Recreation Residential Areas designated as residential are shown on Exhibit B. 1.13 "Excluded Uses" shall mean the following uses and activities are prohibited within the Property: . Contractors Yards . Lumbcr Yards . Home Improyement\Building Supply . Gardcn\Landscape Ccnter . Auto Related industries including sales and repair . Used Material Yard . Exterior storage and sales . Manufacture, storage or sale of explosives or similar dangerous products . Trucking Terminal . "Adult Uses" as regulated by city ordinances U -;3- U Uses that are proposed to be added: Builders Showcase Typical Uses (permitted provided materials are stored inside): . Electrical and Lighting Studios and Sales . Home and Office Electronics (i.e. surround sound, security systems) . Paint and Wallpaper Sales . Interior Decorating Supplies and Services . Floor Coverings and Materials, Tile Shops . Household Appliances and Fixtures, Central Vacuums . Indoor Showroom . Indoor Limited Retail Sales Accessory to OfficelWarehousing Uses . Other Similar Uses with Indoor Storage . Windows and Garage Door Companies . Drywall Companies . Cabinet Shops . Contractors Offices Uses that are currently shown as excluded, that will be allowed as permitted, provided all materials are stored inside, and subject to approval by Conditional Use Permit: 0 . Home Improvement/Building SupplylLumber Yards . GardenlLandscape Centers . Car Washes 0 0 ANDOVER STATION NORTH DESIGN STANDARDS 0 January 4, 2005 0 -s-~ TABLE OF CONTENTS 0 Page PREAMBLE...................................................................................... .. 1 SECTION 1- DEFINITIONS.................................................................... 1 1.01 Andover Review Committee........................................................ 1 1.02 Building Site..................................................................... ...... 1 1.03 Economic Development Authority (EDA)....... ......... ... ... ................... 1 1.04 Improvements......................................................................... I 1.05 Lots..................................................................................... 2 1.06 Occupant............................................................................ ... 2 1.07 Owner.................................................................................. 2 1.08 Parcel................................................................................... 2 1.09 Person.................................................................................. 2 1.10 Property........................................................................ 0.. ..... 2 1.11 Street... ......... ..................... ............ ... ...... ... ... ... ...... ... ........... 2 1.12 Permitted Uses...... ............................................................ ...... 2 1.13 Excluded Uses............... ......................................................... 4 SECTION 2 - PROJECT DESIGN STANDARDS......................................... 4 2.01 Site Plan............ ... ....0. ... ... ...... ...... ......... ..............0...... ... ... .... 6 2.02 Landscaping................................. .......,............................ ...... 10 2.03 Architectural Standards.................. ........................................... 12 2.04 Parking Loading and Unloading Areas......... ......... ... ... ...... ... ....... ... 14 2.05 Exterior Lighting.......................................... ....................... .... 16 2.06 Signage................................................................................ 18 .r'\ 2.07 Construction and Maintenance.................. .................................. 23 \J 2.08 Residential Design Standards...... ...... ......... ......... ...... ...... ... ......... 25 SECTION 3 - ARCIllTECTURAL AND SITE REVIEW............................... 28 3.01 Review................................................................................ 28 3.02 Approval.............................................................................. 29 3.03 Disapproval..................................................................... ..... 29 3.04 Restrictions on Construction and Alteration.............. ...................... 30 3.05 Development Guidelines................................................... 30 SECTION 4 - ENFORCEMENT ........ ...... ........ .......... ........ ....... .............. 30 4.01 Termination...................................................................... .... 30 4.02 Enforcement Procedures...................................................... ...... 31 4.03 Failure of Enforcement... .......................................................... 31 4.04 Variances............................................................................. 31 4.05 Severability........................................................................... 31 4.06 Review................................................................................ 31 4.07 Amendments......................................................................... 31 SECTION 5 - MISCELLANEOUS. ... ............ ...... ......................... ........ .... 31 5.01 Mortgages............................................................................ 31 5.02 Special Events....................................................................... 32 EXIllBIT A - LEGAL DESCRIPTION..................................................... 35 EXIllBIT B - REGULATING PLAN ........................................................ 36 EXIllBIT C - MATERIALS PALATTE .................................................... 37 0 i -b- - . DESIGN STANDARDS FOR ANDOVER STATION NORTH ' , \.J This Resolution is made as of _ day of , 2005 by the Andover Economic Development Authority, a body corporate and political (the EDA"). WHEREAS, the EDA is the owner of real property in the City of Andover, Anoka County, Minnesota, legally described on Exhibit A; and WHEREAS, the EDA desires to submit said real property and all improvements on it (collectively called the "Property") to the provisions of these Design Standards; and WHEREAS, the EDA desires to declare and establish Design Standards which will benefit the Property for the purpose of facilitating development of the Property and for the purpose of protecting and preserving the value and desirability of the Property. THEREFORE, the EDA resolves that the Property, shall be owned, used, occupied and conveyed subject to the conditions and restrictions set forth in these Design Standards, all of which shall be binding on all Persons owning or acquiring any right, title or interest in the Property and their heirs, personal representatives, successors and assigns. SECTION 1 0 DEFINITIONS 1.01 "Andover Review Committee " shall be the authority charged with project review and shall consist of representatives from the following City of Andover Departments: Planning, Engineering, Building, Public Works, Fire, Administration, and Finance. (the "ARC"). 1.02 "Building Site" shall mean any lot or portion thereof, or two or more contiguous lots, or portions thereof, or a parcel of land upon which a commercial, retail, office or residential building or buildings and appurtenant structures may be erected, any part of which is subject to the terms of the Design Standards. 1.03 "EDA" shall mean the Andover Economic Development Authority (EDA). 1.04 "Improvements" shall mean all structures and other construction on a lot or parcel for a use permitted by the zoning ordinance of the City of Andover, including, but not limited to, buildings, outbuildings, parking areas, loading areas, outside platforms and docks, driveways, walkways, fences, lawns, landscaping, signs, retaining walls, screening walls, decks, poles, berms, swales and exterior lighting. I r, lJ Andover Station North Design Standards January 4, 2005 - 1 - -7- r-' 1.05 "Lot" shall mean a portion of the Property identifIed as a lot on a subdivision plat '---.) prepared in accordance with Minnesota Statutes, Chapter 505, and fIled for recording in the Anoka County Recorder's Office. 1.06 "Occupant" shall mean any Person, other than an owner, in possession of a lot or parcel. 1.07 "Owner" shall mean the recorded owner of a lot or parcel, whether one or more persons, but excluding contract for deed vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1.08 "Parcel" shall mean a tract of land separately described and identifIed as a "Parcel" within the Property. The conditions and restrictions in these Design Standards which apply to each lot shall also apply to each parcel. 1.09 "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real Property. 1.10 "Property" shall mean all of the real Property submitted to the provisions of these Design Standards, including all improvements located on the real Property now or in the future. The Property as of the date of the adoption of the Design Standards is legally described 0 on Exhibit A. 1.11 "Street" shall mean a portion of the Property dedicated to the public and shown as a street or internal drive on a subdivision plat prepared in accordance with Minnesota Statues Chapter 505 and fIled for recording in the Anoka County Recorder's Office. 1.12 "Permitted Uses" shall mean the permitted uses of the Property be limited to community commercial, office, entertainment, office warehouse and residential as defIned below. The uses shall be limited to those as defmed herein. If there is a question as to whether or not a use meets the defInition, the Economic Development Authority shall make that interpretation. Permitted uses shall be allowed only in the areas specifIed on Exhibit B for which they are specifIed below. The Block and Lot designations in fInal plats approved for phases of development may differ from those specifIed below. However, the permitted uses shall continue to be those specifIed below for the Lots identifIed on Exhibit B. Community Commercial Establishments engaged in commercial operations including retail trade and services and hospitality industries. Areas designated as Community Commercial are shown on Exhibit B. Preferred uses shall include, but are not limited to, the following: f " V Andover Station North Design Standards January 4, 2005 -2- -0- F' (,~ . Apparel and Clothing . Barber and Beauty Shop . Book Store . Florist . Food and Grocery Stores . Jewelry Store . Leather Goods . Music Store . Photography Studio . Optometrist . Sporting Goods Permitted uses shall include the following: . Antiques . Bicycles . Bakeries . Candy . Carpets & Rugs . Catering Establishments . China & Glassware . Clothing & Costume Rental . Department Stores . Electrical Sales & Repair . Furniture . Gifts . Hobby Shops . Household Appliances . Interior Decorating . Laundry & Dry Cleaning Pickup . Locksmith Shop . Luggage . Office Supply & Equipment . Paint & Wallpaper Sales . Pharmaceutical . Restaurants :') . Tailoring . Tobacco \.../ . Toys . Variety Stores . Video Store Rental & Sales . Liquor Store Sales - Off-Sale Office Establishments engaged in strictly office operations not requiring loading or warehousing facilities. Areas designated for Office uses are shown on Exhibit B. The following are permitted uses: . ScientifIc and Technology Industries . Office and Administrative Facilities . Financial Institutions . Conference Centers . Health and Dental Care Facilities . Hotels and Motels . Day Care Facilities . Veterinary Hospital Office\Warehouse Establishments engaged in operations requiring both office and warehousing facilities. Office space shall constitute at least 20% of floor area. There shall be minimal impact upon the surrounding environment by noise, vibration smoke, /--'\ \_) Andover Station North Design Standards January 4, 2005 - 3 - -7- t' -, dust or pollutants. Areas designated as Office\Warehouse are shown on Exhibit B. The I \.,,--~ following are permitted uses: . Indoor limited retail sales accessory to office\manufacturing uses . ScientifIc and Technology Industries . Indoor Showroom . Office and Administrative Facilities Entertainment Areas designated as Entertainment are shown on Exhibit B. The following are permitted uses: . Theatres . Restaurants (with or without on sale liquor) . Health Club . Private Clubs, Lodges, Halls or Convention Centers . Indoor Commercial Recreation Residential Areas designated as residential are shown on Exhibit B. 1.13 "Excluded Uses" shall mean the following uses and activities are prohibited within the Property: ., . Contractors Yards \ I '------, . Lumber Yards . Home Improvement\Building Supply . Garden\Landscape Center . Auto Related industries including sales and repair . Used Material Yard . Exterior storage and sales . Manufacture, storage or sale of explosives or similar dangerous products . Trucking Terminal . "Adult Uses" as regulated by city ordinances SECTION 2 PROJECT DESIGN STANDARDS Development Theme The purpose of the Andover Station North development is to provide for the orderly and integrated development of a high quality Commercial Center that includes a mix of shops, offices, entertainment, housing, recreation, community facilities, and open space. The Andover Station North intends to offer citizens a place to enjoy an active street life, community activities, and a neighborhood retail experience. (' '\ \,~ Andover Station North Design Standards January 4, 2005 -4- -Io~ 0--.... The Andover Station standards are the regulating zoning standards for the GB, General , I , ""'-~ J Business Zoning District. Other standards in the zoning ordinance or other regulatory controls notwithstanding, where there is conflict between the Andover Station Design Standards and specifIc elements of the other City ordinances or regulations, the Andover Station North Design I Standards shall prevail. Where there is no conflict and when the Andover Station North Design Standards do not address a specifIc instance, other City standards shall apply. All new construction, modifIcation or exterior alteration and colors must adhere to the established architectural theme of the Property. The ARC shall consider compatibility during the site plan approval process. These design standards support the following goals: . Economic Development ~ Create a setting that supports the long-term viability of Andover Station North Commercial Center. ~ Optimize job growth, residential opportunities, and tax revenue for the City of Andover through the creation of an integrated and balanced project. . Land Use " ; , '-../ Concentrate development at intensities that bring within walking distance the ~ diverse activities that comprise an active community commercial center. ~ Provide a complementary mix of land uses, including retail, entertainment, civic facilities, employment, housing, and community open space. ~ Integrate community-serving open spaces and amenities throughout Andover Station and make connections to the city trail system. . Community Design and Architecture ~ Site and design buildings and landscaping for convenient walking distances, enhanced pedestrian routes, and human comfort and safety. ~ A void pedestrian routes dominated by parking lots or blank walls. ~ Respect the site's valuable natural features, including its woodlands, ponds and wetlands. ~ Encourage architectural diversity, within a unifIed whole. /" \ \.~ Andover Station North Design Standards January 4, 2005 -5- -11-- 0 ~ Encourage energy conservation through architectural features, such as shading devices, natural ventilation, and interior lighting. ~ Maintain high standards of quality in the construction of building and site features. ~ Respect adjacent existing residential neighborhoods and emphasize compatibility through design. . Infrastructure ~ Provide streets that create comfortable walking environments while also allowing safe vehicular movement. ~ Establish a network of interconnected internal drives and streets throughout Andover Station North and extend pedestrian connections to surrounding areas. . Administration ~ Strive for the timely and orderly implementation of the Andover Station North through clear, concise standards. 0 ~ Establish standards that are consistent with the City's Comprehensive Plan and Andover Station North Master Plan. The Andover Station North Design Standards are intended to encourage creative application of specifIc design principles to the commercial center site (refer to Exhibit B - Regulating Plan). The goal of the design review process is to provide a framework for performance based communication, collaboration, negotiation and accommodation. The following are the primary categories of the Andover Station North Design Standards: 2.01 Site Plan 2.02 Landscaping 2.03 Architecture 2.04 Parking 2.05 Lighting 2.06 Signage 2.07 Construction and Maintenance 2.08 Residential 2.01 Site Plan The Andover Station North Site Plan specifies the essential physical features for the Andover Station North Commercial Center including required streets, build to :J Andover Station North Design Standards January 4, 2005 -6- -12.. - 0 lines, building locations and entrances, gateways, landmark towers, landscape frontages, ponds and public trails. . Build-to Lines Build-to Lines defIne locations where buildings must be built within a certain distance of the public right-of-way or the ponds. Bringing building fronts close to the edge of streets or ponds and wetland enhance continuity, attractiveness and intimacy of pedestrian spaces. SpecifIc regulations for Build-to Lines are: ~ Build-to Lines occur at the edge of the dedicated right-of-way, where property meets a publicly accessible street, path or water and wetland amenity. ~ To contribute towards meeting the Build-to requirement, building facades must be sited within zero to ten feet of the public right of way. ~ Parks or plazas may be used to satisfy up to 20 percent of the build-to requirement, and must be landscaped with shade trees and furnished with seating areas satisfactory to ARC review and approval. ~ Standards for Build-to Lines and associated elements such as minimum building 0 height, building frontage and building entry as well as window placement and frequency are described in greater detail in the Architectural Standards Section. . Landscaped Frontages Landscaped frontages shall be used to extend a sense of enclosure to the street in locations where street-facing buildings are not required. Landscaped frontages will also screen views of parking lots and loading areas, and will help establish a unique project identity. Landscaped frontages will be maintained. . Required Building Entries The Andover Station North Site Plan shows locations where major building entries should be encouraged to create important pedestrian and visual connections. These entries are located at important corners or intersections, typically where larger stores would locate. Placing entries at these locations helps ensure that the buildings relate to the street and that pedestrians have a direct route of entry to the buildings. Pedestrians passing through these entries establish a critical mass of activity at major corners and near public areas. . Towers :J Andover Station North Design Standards January 4, 2005 -7 - -/'7- CJ Towers are required in the designated locations to mark major destinations and gateways. The towers will terminate important local vistas and visually announce the Andover Station North Commercial Center from Bunker Lake Boulevard and Commercial Boulevard. Towers of high architectural merit are called for as shown in the prototype elevations. Towers must be integrated into a building. The towers may not exceed a height of 65 feet, plus minor projections not to exceed one foot in width and fIve feet in height (a total of 20 feet above the maximum building height). Signs on towers shall be prohibited. . Gateways Entrances to Andover Station North shall be marked by distinctive features that announce the Andover Station North, Commercial Center and foster a memorable sense of arrival. . Buildings ~ Quality and Materials Each building located within the Property shall be built in an industry acceptable and city approved work-like manner with high quality, fIrst-class building materials. The design and location of buildings constructed on a lot shall be 0 attractive and shall compliment existing structures and the surrounding natural features and topography with respect to height, design, fInish, color, size and location. The following standards shall be adhered to: A) Masonry material shall be used. Color shall be introduced through colored block or panels and not painted block. B) Brick may be used upon approval of the ARC to assure uniformity. C} Block shall have a weathered, polished, fluted or broken face. D) Concrete may be poured in place, tilt-up, pre-cast, and shall be fInished in stone or textured fInish, and coated. E) Metal siding is prohibited, except as an accent material upon approval of the ARC. , F) All accessory structures shall be designed and constructed with materials compatible with the primary structure. G) All roof-mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. C) Andover Station North Design Standards January 4, 2005 -8- - /4- ~ 0 Wood screen fences are prohibited. All exterior machinery, tanks, etc., are to be fully screened by compatible materials. H) Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design and/or appropriate landscaping. The buildings shall have varied and interesting detailing. The use of large unadorned concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other signifIcant visual relief provided in a manner or intervals in keeping with the size mass, and scale of the wall and its views from public ways shall be prohibited. I) Each building shall contain one or more architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional interest and articulation to structures. J) There shall be no underdeveloped sides of buildings visible from public right- of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. Windows shall be incorporated into areas that front streets, sidewalks or trails, when appropriate. ."'. K) Other materials may be approved by the ARC and EDA if determined to be in U conformance with existing design and character of the Property. L) Review and approval of building materials by EDA. ~ Minimum Height Street facing buildings must be at least 20 feet high. Minimum building height is measured relative to the fInished grade. Minimum height is measured to the highest point of the roof, excluding minor lengths of parapets, cupolas, or other discontinuous projecting features. Continuous parapets or false fronts and peaked or sloped roofs do qualify towards meeting the minimum height. ~ Maximum Height In all locations, the maximum allowable building height is 45 feet, measured at the tallest part of the building. ~ Minor Projections 0 Andover Station North Design Standards January 4, 2005 - 9- -/s- - r__ Minor projections and special architectural features such as clock towers, bell U towers, cupolas and ornamental portions of parapet walls may extend up to 10 feet above the maximum height, provided they make up no more than one third of the length of a building's facade. . Common Site Maintenance Responsibilities The Andover Station North Association shall control the maintenance of all hiking trails, walkways, common open space, street lighting, landscaping, and right of way and other site-related amenities through the collection of association fees from the members of Andover Station North Association established by the Economic Development Authority. Pedestrian access shall be provided from each site to the public sidewalk and/or trail system. 2.02 Landscaping All areas on any lot or parcel not used for buildings, storage, parking, walkways, access roads, or loading areas shall be suitably graded, drained and sodded, maintained and landscaped with greens and shrubs so as to provide a park-like setting and to screen parking and road areas. Landscaping plans are required for all developments and are subject to the approval of the EDA, as part of the site plan approval process. All lots and parcels shall be landscaped within 90 0 days of substantial completion of construction and issuance of CertifIcate of Occupancy in accordance with approved plans. All landscaping associated with substantial completion during the Winter must be escrowed in accordance with Building Department requirements. The landscape design should be complementary to common areas and previously developed areas. Plantings should provide for seasonal interest and should include a selection of coniferous and deciduous plants. Natural landscaping and indigenous vegetation shall be permitted and are encouraged in those areas not associated with the formal entries and common areas or buffers between properties that may be negatively impacted by said landscaping. Annual flowers are recommended to accent or supplement the landscape plan. All landscaped areas must be irrigated. The approved plan for landscaping a building site may not be altered substantially without submitting a revised plan to the EDA for approval. . Site Planning to Preserve Natural Assets While the network of required streets is fIxed, many site decisions remain for other streets and for buildings. ~ Views and Vistas 0 Andover Station North Design Standards January 4, 2005 - 10- -A:- r' Site planning shall recognize the role that street alignment and topography \~ contribute to visual prominence. High points on the land and vistas along common routes provide unique opportunities to site important buildings, building entrances, plazas and monuments. Doing so will add recognizable landmarks that can make the Andover Station North a memorable place. ~ Grading Site planning shall minimize grading when locating streets and buildings. When areas with slopes must be graded, landform-grading techniques shall be used and slopes exceeding 1:4 shall be avoided. Rounded forms that use concave and convex shapes help conceal cuts by presenting a more natural look. Varied slopes also disperse drainage flows, reducing the potential for erosion and allowing more percolation. Concentrating drainage in concave swales also enhances on-site storm water retention and minimizes the need for large detention areas off-site. If required, any retaining walls shall not exceed fIve (5) feet in height. ~ Landscaped Frontages A twenty-foot wide landscaped buffer must be placed where parking lots abut local and surrounding streets. However, care shall be taken to design and site the buffers 0 such that they do not provide ambush points or obstruct views. ~ Connecting Walkways Connecting walkways must meet the following minimum requirements: ~ Width and Clearance The width of the paved walking surface must be at least six (6) feet clear. Any covered structure such as trellis must have at least ten (10) feet clear height, but must not obstruct visibility or provide hiding or ambu'sh places. ~ Paving Connecting walkways must be paved with a special paving or concrete in a pattern or color that contrasts with the surrounding pavement to insure uniformity and consistent walkway patterns. ~ Tree Planting Connecting walkways must be planted with either shade trees or a shade structure such as a trellis with climbing vines. 0 Andover Station North Design Standards January 4, 2005 - 11 - -11~ r', Lighting , ) '-' Connecting walkways must be equipped with lighting on one side, at least three (3) feet in height in order to be visible in deep snow drifts or snow banks. Lighting standards spaced a maximum of thirty-feet apart and a maximum often (10) feet tall are recommended. 2.03 Architectural Standards . Building Entries and Windows Building massing shall be designed to higWight the location of building entries. Primary pedestrian entries shall be clearly expressed and be recessed or framed by a sheltering element such as an awning, arcade, porch or portico. Greater height may be used to accentuate entries in the form of tower elements tall openings, or a central mass at an entry plaza. . Reveals Windows and doors must be recessed at least two inches from walls or exterior trim to create shadow for visual interest. ,""" . Building Scale and Definition V The guidelines in this section are intended to create buildings with a human scale, making Andover Station North Commercial Center more pedestrian-friendly and pleasant place to walk. ~ Structural Legibility and Articulation Facade articulation is required. Building fenestration (windows and doors) and changes in mass shall relate to structural system(s) and the organization of interior space. Vertical architectural features such as columns and piers help articulate building mass. ~ Roof Fonn/Rooftop Equipment A variety of roof forms are permitted. Architectural drawings shall show rooftop mechanical equipment details. Changes in roof form must correspond with a building's structural bays and massing. Mechanical equipment must be integrated into overall mass of a building and screened and/or hidden behind parapets or recessed into hips, gables, parapets. Plain equipment boxes are not acceptable. (J Andover Station North Design Standards January 4, 2005 - 12- -/j'- . , \._- ) Materials and Methods of Construction . Building Materials. All buildings must have the following facade materials in any combination on each facade: brick, stone, glass. Other materials, such as wood, masonry, brick, rock face block, stucco, stone, architecturally textured concrete precast panels (but not including smooth concrete block) may be permitted at the EDA's discretion, if they are determined to be consistent with the Andover Station North Design Standards and the purpose of this section. The design on facades not visible from a public right-of-way or residential uses may be less ornamental than those visible from public right(s)-of-way, but may still use the same materials as the rest of the building. Walls used for screening must use the same building materials as the principal building(s). Buildings shall support regional traditions and maintain a high level of craft in the process of construction. See recommended materials palette, Exhibit C. (Samples available at Andover Community Development Office.) . Service Areas Service areas are places where truck loading takes place, refuse is stored or mechanical equipment is mounted. Service areas must be located away from and screened from view of streets, parks, plazas and landscaped walkways. Appropriate screening strategies {~ include vine-covered walls or fences, trellises, arcades, dense landscaping reaching a \J height of six feet or some combination thereof. Where service areas cannot be avoided along a street, park or plaza, they must be recessed within a building's envelope. . Fences and Walls Walls and fences within view of streets, parks or plazas must be constructed out of attractive, long-lasting materials, such as wood, wrought iron, masonry or stone. Chain link and wire fencing must not be used. Walls and fences must not exceed 42 inches in height within 20 feet of streets, parks, and plazas. 2.04 Parking Loading and Unloading Areas No parking shall be permitted on any street or any place other than parking areas located on a lot. All parking provided on a lot must meet the requirements of city codes and ordinances of the City. From and after the date a building is constructed the owners of such building and building site shall maintain adequate on- site parking spaces and loading facilities to serve the needs of each building site, taking into account the building or buildings located or to be located thereon, and the use made or to be made thereof. Separate areas shall be designated for automobile parking, loading, commercial, and storage uses. Loading areas shall not encroach into yard setbacks or required off street parking areas of any lot. All parking and drive aisle surface areas shall be either asphalt or concrete and all parking areas including parking islands must be poured concrete curb. Any deviation is subject to approval of the ARC. Landscaping shall be incorporated into all parking 0 Andover Station North Design Standards January 4, 2005 - 13 - -/1- ~) lots to decrease the visual monotony. Island plantings of over story trees are required for parking areas accommodating more than 20 vehicles. No vehicles or trailers may be parked in the same location for a period in excess of twenty-four (24) hours in the parkill!! lots. Joint parking arrangements between facilities shall be encouraged. . Landscaped Frontages Where parking lots abut streets, a Landscaped Frontage shall be provided on the parcel, adjacent to the sidewalk. Landscaped Frontages are not required when parking lots are sited behind buildings or plazas. . Connecting Walkways ~ Across Large Parking Lots Parking lots shall not exceed 400 spaces without being segmented by Connecting Walkways, Landscaped Frontages or buildings. ~ Linking Building Entrances to Sidewalks Where building entries do not abut a street, Connecting Walkways are required to , '---., link the building entrance to street sidewalks. This confIguration is most likely V for larger store tenants who require parking lots in front of building entrances. . Orchard Planting For parking lots, a minimum number of shade trees are required, equivalent to one tree per six parking stalls. Trees in parking lots shall be spread uniformly throughout the parking area. Trees planted along Connecting Walkways and adjacent Landscaped Frontages may also contribute to the one-per-six requirement for parking lots. Trees must be set into a tree well and protected by tree guards. . Bicycle Parldng Bicycle Parking must be proolided in easily accessible locations. One bicycle space shall be pro'/ided for every 2,000 square feet of building Net Floor Area. Bicycle parking must be visible from storefronts or office building front doom, in order to improve security for parked bicycles. 2.05 Exterior Lighting The following standards apply to on-site lighting, including lighting of signs, structures, landscaping, plazas, parking and service areas. . Intensity and Direction of Lighting /"- , , \..J Andover Station North Design Standards January 4, 2005 - 14- -UJ- - - All lighting fIxtures, including spotlights, electrical reflectors and other means of /' '. . ) "- - illuminating signs, structures, landscaping, parking, loading and similar areas, shall be focused, directed and arranged to prevent horizontal glare or direct illumination on adjoining property or streets. A sharp cut off must be used to direct light toward walls and landscaping to avoid shining light up into the sky. Indirect illumination of neighboring residential properties or uses by anyon-site lighting shall not exceed OA-foot candles at the property line, as measured horizontally and vertically from the adjacent grade to a height of 14 feet. No mercury vapor utility yard lights or other light fIxtures with high intensity discharge lamps or bulbs, which are not designed to limit or control light direction or which do not shield the light source from view of neighboring residential properties, shall be permitted. . Lamp Color and Consistency Subsequent to the adoption of these standards, the City is expected to develop a unifIed lighting plan for Andover Station North. Lamp types shall be selected to enhance color recognition within three zones: along streets and walkways, within parks and plazas, and within parking lots. Within each of these zones, lamps of similar type and color shall be used, with the conversion of non-conforming existing lamps encouraged over time. / " Lamp styles and standards are on fIle with the City of Andover. '--./ . Types of Lighting Applications ~ Architectural Accent lighting of architectural features is encouraged to higWight building massing and rhythm as well as enhance the pedestrian environment. Accent lighting shall not be a source of glare, reflected glare or excessive light, especially when viewed from residences and streets, walkways or open spaces. The following standards apply: 0 Building Entries Building entries with high activity levels shall be illuminated. Appropriate treatments include: bathing entry surfaces and doorways with light, allowing the building interior light to glow through glazing, or using decorative lighting fIxtures to announce entries. 0 Service Areas '~) ....-/ Andover Station North Design Standards January 4, 2005 - 15- -2-1- / ...... Building-mounted down light fIxtures, in combination with pole fIxtures, are \. ,) preferred for the illumination of building service areas. Such fIxtures do not - cause glare or light leakage beyond the service areas. 0 Landscaped Frontages Regular up lighting of walls or other structures in Landscaped Frontages shall occur throughout Andover Station North and must be coordinated to create a consistent and dramatic effect. 0 Landscaping and Furnishing Up lighting is recommended for all landscaping and furnishings (in both public and private areas) that require accenting (such as specimen trees and shrubs and sculptural features). SpecifIc areas include streets, parks and plazas. 0 Landscaped Walkways Landscaped walkways and other pedestrian paths shall be lit by pole or bollard type fIxtures that are human-scale, typically not to exceed sixteen (16) feet or ,.' " four (4) feet in height, respectively. However, lighting must be at least three '--..J (3) feet in height in order to be visible in deep snowdrifts or snow banks. 0 Seating Areas Where intimate environments are desired (e.g. seating areas in parks and plazas, as well as some pedestrian walkways), light bollards and other forms of indirect illumination are appropriate. . BolIards Lighting bollards are recommended for illuminating pedestrian walkways, parks and plazas. Lighting bollards must have a black metal fInish. Bollards must have a diameter of approximately eight inches and a height of at least three feet, to avoid being obstructed by snow. Around the light source near the top of the bollard, horizontal louvers must be used to stylistically complement the luminaries and direct light downward. Concrete fInishes shall not be used for lighting bollards. . Submittal Requirements and Design Review A lighting plan prepared by a qualifIed lighting consultant shall be submitted for design review. All lighting and their methods of installation shall be reviewed and approved by I - - \ , ,_/ Andover Station North Design Standards January 4, 2005 - 16- -22,- 0 the City. Each owner/tenant will be responsible for the design, fabrication, and installation oflights on private property. 2.06 Sign age The City of Andover recognizes there is need for signs advertising the identity of Owner and the business conducted on the Premises. It is further recognized that acceptable standards for such signs may change from time to time. In order to allow for such change, all requests for signs to be located on any part or parcel of the Property shall be submitted to the City of Andover for approval. The ARC shall review all signs for approval. The following criteria shall be used to evaluate sign appropriateness: A) Advertising signs, advertising businesses or products other than those sold, manufactured or warehoused on the part or parcel of the Property on which the sign is located shall be prohibited. B) Use of any flashing, pulsating or rotating light or lights shall be prohibited. C} Rooftop signs shall be prohibited. D) Signs shall be stationary and lighted by surface mounted fIxtures located on the sign or the adjacent facade. Self-illuminating signs may be used only upon approval of the: ARC. The ARC shall determine appropriateness based upon size, scale, colors, 0 materials, and compatibility with neighboring signs and structures within the property. E) Plastic, plexi-glass, clear plex or similar material signs and awnings are prohibited unless used in conjunction with other decorative materials. F) Signs may be painted, prefInished or utilize exposed metal. Any exposed metal shall be stainless steel, titanium, bronze, or other similar non-corrosive materials. G) Consistency in signage shall relate to color, size, materials and heights. H) All signs must meet the requirements of the City of Andover, including receipt of permits prior to erection. I) Pylon signs are prohibited J) All signs shall be reviewed by the Andover Review Committee (ARC) . Prohibited Signs The following signs are prohibited: 0 Andover Station North Design Standards January 4, 2005 - 17- -23- 0 ~ No tenant signs will be permitted which do not directly relate to the name or primary service or function of the given tenant activity. ~ Signs consisting of visible moving parts or simulate movement by means of fluttering, rotating or reflecting devices. ~ Signs with flashing, blinking or moving lights or any other moving lights, or any other illuminating device that has changing light intensity, brightness, or color, except for parts designed to give public service information such as time, date, temperature or similar information. ~ Individual commercial signs placed on public property. ~ Signs projecting into the street, with the exception of traffic control signage, temporary banners mounted to light standards and pedestrian-oriented signs. ~ Vehicle mounted or portable signs which advertise, identify or provide directions to a use or activity, that are not related to the vehicle's lawful making of deliveries of sales or of merchandise or rendering of services. ~ Bench signs. 0 ~ Billboards. ~ Roof-mounted signs. ~ Canister signs. ~ Signs that project above a parapet or the highest point of a roof. ~ Hand-painted wall or ground signs of a permanent nature. ~ Signs attached to or painted on windows with the exception of open hours slgnage. . Sign Construction Attractive and long-lasting signage shall be encouraged through the following provisions: ~ All Signs shall be made of materials compatible with exterior building colors, materials and fInishes and be of high quality fabrication. The scale and proportion of graphics shall be compatible with buildings' architectural character. 0 Andover Station North Design Standards January 4, 2005 - 18- -z.y- 0 ~ Signs are to be free of all labels and fabricator's advertising, except for those required by code. ~ All electrical signs and their installation must comply with all local building and electrical codes. ~ All electrical service to sign lights shall be fully concealed. No sign shall have exposed wiring, raceways, ballasts, conduit or transformers. ~ All exterior, mounted letters exposed to the weather shall be mounted at least three-quarters of an inch (3/4") from the building wall to permit proper dirt and water drainage. All bolts, fastenings and chips shall be of stainless steel, aluminum, brass, bronze or other non-corrosive materials. No black iron materials of any type will be permitted. ~ Owners/Occupant shall be fully responsible for the operations of their sign contractor. ~ All sign illumination systems shall minimize the energy needed by utilizing contemporary energy saving techniques and materials. 0 ~ Sign materials shall be limited to metal, wood, concrete, glass and acrylic materials with UV inhibitors. All materials shall be of high quality, durability and require low maintenance. ~ Wall-mounted signs must be constructed of cut-channel letters. ~ Wall-mounted signs may not project more than eight (8) inches from face of structure to which the sign is attached. ~ Freestanding monument signs shall be integrated with landscaping or an architectural feature such as a wall or fence to minimize visual mass. ~ Signs shall not be more than fIye (5) fifteen (15) feet in height. () Andover Station North Design Standards January 4,2005 - 19- -~- 0 Sign Lettering . Typography and graphics shall be constructed of durable materials capable of being permanently maintained, such as metal lettering, framed panels or engraved masonry. Any advertisement text, symbols or other indications displayed on the sign face shall be limited to not more than fIve (5) words, letters, numbers, fIgures, symbols or other indications used as a substitute for words. Lettering on Gateway and Project Identity signs and lettering on tenant signs is limited to a height of twenty four (24) inches. . Tower Signage Tower locations are shown in the Site Plan, while tower height and width limitations are shown in the section on Building Height. Towers may have face and projecting signs, but signs for individual tenants are not permitted. Face signs may not be mounted higher than sixty-fIve (65) feet above grade. Any tower signage exceeding 35 feet in height shall comply with zoning ordinance requirements. . Gateway Signage for Project Identity and Tenants Project gateways, shown in the Site Plan, are the two most commonly used vehicular 0 entries into Andover Station North. Gateways are marked by wall or trellis treatments on one or both sides of the street. . Building Signage These signs identify buildings and individual building tenants while respecting the character and human scale of buildings in Andover Station North. Signs shall not obscure architectural elements such as pilasters, cornice lines, capping or the edge of opemngs. Building signs serve several purposes and may take several formats. . Building Sign Purposes ~ Signs for building identifIcation announce the building, either with a street address name (for example, 100 Andover Station North Drive) or a building name (for example, The Birch Building). Building identifIcation signs are usually placed at the top of the building or over major entrances. ~ Signs for individual ground-level tenants. ~ Signs for shared-entry tenants address conditions in which multiple tenants share a building entry and an exterior identity, or when upper-story tenants share a ground-level entry. 0 Andover Station North Design Standards January 4, 2005 - 20- -26--- 0 ~ Additional minor, pedestrian-oriented signage for individual tenants. . Building Sign Formats ~ Building Face Signage lies against the plane of the building and is integrated into building details along cornices, base treatments, entrances or centered within building recesses. ~ Projecting or hanging signs are panels perpendicular to and projecting from a fac;ade to identifY a business tenant. Projecting signs shall be at least eight (8) feet above pedestrian paths and thirteen (13) feet above streets that are used by trucks or emergency vehicles. ~ Pedestrian-oriented signs. These smaller signs for individual building tenants may be flush with the building face, project at right angles or be painted on awnings and shall not obstruct architectural features. . Monument Signage Monument-style signs shall be limited to communicating the general locations and C) direction of amenities or facilities, such as tenant location maps and directions to parking lots, exits and delivery and loading areas. Monument signs shall not exceed six (6) feet in height. Signs may be posted on all sides of monuments but shall not exceed two (2) square feet in display area per sign. Monument signs should have limestone or brick bases, complemented with limestone, dark green metal or wood trim. Signage lighting should be discreet, directed only at the sign rather than causing glare. . Other Signage ~ Public Traffic Safety Signs The City and other public agencies charged with the responsibility of traffic safety may place public traffic and other signs throughout the plan area. ~ Temporary Signs and Banners Temporary signs intended for seasonal events, holidays or special events may be attached to light standards within the street or project from building faces, subject to approval of sign permits. On all types of light standards, banners must not exceed a width of two (2) feet; for light standards of up to sixteen (16) feet in height, banners must not exceed three (3) feet in length, with one additional foot of banner length permitted for every additional foot in pole height, up to a six (6) 0 Andover Station North Design Standards January 4, 2005 - 21 - -27- -- 0 foot maximum length. Banners mounted on buildings shall not exceed a width of three (3) feet and a height of six (6) feet. ~ Occupant's Property Banners and other advertising devices, with the exception of stringers, floodlights, inflatable statuary or rooftop balloons may be placed on an occupant's property for the purpose of announcing the opening of a new business, subject to the following restrictions: The total area of all temporary signs and advertising devices shall not exceed the area of permanent signs for the use permitted by these sign criteria (see above). No temporary sign shall be located in a manner not permitted for permanent signs. Temporary signs may remain in place for a period not to exceed sixty-days after the date of installation of the sign. 2.07 Minimum Standards The Minimum Standards for the construction, alteration and maintenance of improvements on the Property shall be those set forth by the City of Andover and any other governmental agency, which may have jurisdiction over the Property. All 0 improvements on the Property shall conform to the then existing building codes in effect for the City of Andover and shall be in compliance with all laws, rules and regulations of any governmental body that may be applicable, including without limitation, environmental laws and regulations. Where the Design Standards are more stringent than the zoning ordinance, or other laws and regulations of the City of Andover or any other applicable government agency, the Design Standards restrictive covenants contained in this Declaration shall govern and become the minimum standards by which the improvements and maintenance of them shall be controlled. . Maintenance Each owner and occupant of a lot shall fully and properly maintain and repair the exterior of any structure located on such lot in such a manner as to enhance the overall appearance of the Property. The exterior of all buildings and the parking, driving and loading areas shall be kept and maintained in a good state of repair at all times and be adequately painted or otherwise fInished. All lots shall be kept free of debris of any kind and all landscaping must be kept in good repair. All landscaped areas shall provide proper site drainage. Landscaped areas shall be maintained in a neat condition, lawns mowed and adequately watered in summer, neatly trimmed, and leaves raked. Underground sprinkling systems shall be installed for all landscaped areas. If at any time the ARC determines that an Owner has failed to properly maintain its Lot, the City of Andover, following ten (10) days notice to the Lot Owner, shall have the right to maintain the Lot 0 Andover Station North Design Standards January 4, 2005 - 22- -2%- C) and assess such Owner a violation assessment equal to the costs of maintenance plus ten (10%) of such cost as an overhead charge. . Construction Construction or alteration of any improvements on a lot shall be diligently pursued and shall not remain in a partly fInished condition any longer than is reasonably necessary for completion of the construction or alteration. The owner and occupant of any lot upon which improvements are constructed shall, at all times, keep the lot and streets, being utilized by such owner in connection with such construction, free from dirt, mud, garbage, trash or other debris which might be occasioned by such construction or alteration. . Noxious Activities Uses which are accompanied by excessive noise, vibration, dust, dirt, smoke, odor, noxious gases, radiation, liquid wastes, and glare shall not be permitted. Noxious activities shall not exceed local, state, and federal standards, the lowest standard being the applicable standard. Glare, whether directed or reflected, such as from spotlights or high temperature processes, as differentiated from general illumination, shall not be visible beyond the lot line of the property from which it originates. 0 . Temporary Structures No temporary building or other temporary structure shall be permitted on any lot; provided, however that trailers, temporary construction buildings, and the like shall be permitted for construction purposes during the period of construction or alteration of a permanent building. Such structures shall be placed as inconspicuously as practicable, shall cause no inconvenience to owners or other occupants of other lots, and shall be removed not later than 30 days after the date of substantial completion for benefIcial occupancy of the building in connection with which the temporary structure was used. . Minimum Building Standards Buildings, enclosures, parking areas, driveways and other surfaced, non-vegetated areas shall not cover, in aggregate, more than 70% of th~ area of a lot. Landscaping and vegetation including courtyards, outdoor dining areas, and patios shall incorporate at least 30% of the total area of the lot. '" U Andover Station North Design Standards January 4, 2005 - 23- -2-'1 - fJ \..~ . Screening of Service, Waste Facilities and Storage Areas Garbage and refuse containers shall be contained within buildings or shall be concealed by means of shrubbery and screening walls of materials similar to and compatible with that of the principle buildings. Fuel and other storage tanks shall be integrated with the concept of the building plan, be designated so as not to attract attention, and be inconspicuously located. Unless specifIcally approved in writing, by the EDA, no materials, supplies or equipment shall be stored in any area on a lot except inside a closed building or behind a visual barrier which screens such areas so that they are not visible from the streets or from the front yard of adjoining lots. All enclosures and trash receptacles shall be kept in a good state of repair and waste receptacles shall include secure lids or covers to properly contain wastes. AIl enclosures must be accessible to waste and recycling collection vehicles. No service, waste or storage area shall be permitted between the street and front of a building unless by ARC. . Utilities and Antennas All permanent, local service, utility lines on any lot shall be placed underground. All utility apparatus and appurtenances including but not limited to transformer or terminal equipment shall be visually screened from view from streets and adjacent lots. Antennas (-, that present a cluttered view, which detracts from the park atmosphere, or that interfere V with the operations of other owners in the Property are not permitted. 2.08 Residential Design Standards . Allowable Uses >- Housing Residential Districts permit a range of housing types at moderate to high densities, including attached and/or stacked residences, such as row houses, apartments and condominiums as well as assisted-living facilities. ~CrouDd Floor Office aDd Retail In certain locations in the Residential District (slurlifl in the regulating plan), ground floor office, retail or liye/\york space is permitted and encouraged in multi story residential buildings, in order to create a more acti'/c prescncc along certain streets. (Live/work units are multi story residences with a small street facing storefront or office space for home offices.) () Andover Station North Design Standards January 4, 2005 - 24- -3fJ -- l'-' "--) ~ Neighborhood Open Space A minimum area of Publicly-Accessible Commons (a shared open space) is required in each Residential District to provide community areas for gathering, sports, relaxing and people watching. ~ Facade Treatment At least two (2) unique architectural treatments for each housing type are required, for at least four (4) different facade variations. The architectural treatments must differ in each of three categories: a) facade color, roof color or siding material; b) window pattern and trim detail; and c) porch, entryway, or balcony detailing. Identical buildings shall not be adjacent to or across the street from each other. ~ Attached Products with Shared Entries Porches or stoops are required where different units share entrances, such as at apartment buildings. ~Buildingll with Four (1) or Fewer Units ,-- "\ ShMed entries must ha'/e a porch with a minimum of ten feet ...lidth and a U minimum six foot depth. ~BuildinglI with Five (5) or More Units ShMed entries must ha'/e either a porch of at least ten feet by ten feet or an interior building lobby ,vith generous ,..lindows facing the adjacent street or eommons. . Facade Transparency ~ Front Doors For both detached and attached products, unit entries must be clearly marked through articulation, porches greater massing or thickness or recessed entries. Front doors must have a substantial, high-quality appearance. Plain, flat doors are prohibited; raised panel doors are required. Doors must have clear glass panes or generous adjacent windows, in order to allow occupants to look out before opening the door and to strengthen the relationship between the private residence and the public street. .:J Andover Station North Design Standards January 4, 2005 - 25- -31- r, ~) . Building Scale and Definition Articulation ~ All Residential Products The front facade of all residential buildings must be articulated with porches, bay windows or balconies that face the adjacent street, park or open space. No wall shall have a blank, uninterrupted appearance exceeding 20 feet in width without a window, recessed panel, lattice, trellis, change in texture or plan, or equivalent treatment. To insure visual interest and appropriate scale, windows, doors and eaves must have reveals and recesses. ~ Attached Products The front facades of attached products shall read as a series of distinct vertical building forms or bays along a street wall. The overall composition of the main building shall higWight proportion and rhythm among a series of bays and the overall building mass. Pilasters, columns, reveals, fenestration and other details may be used to achieve this effect. The corners of the attached buildings must be " marked with strong elements such as vertical piers, extra height (such as a tower), U greater massing (thickness, planar orientation, or material change) or different roofform (pitched or flat). . Materials and Methods of Construction ~ Materials New buildings shall support regional traditions and maintain a level of craft in the process of construction. Exterior fInishes shall be primarily of wood, brick or stone. ~ Application To avoid an applied look, material changes must not occur at external corners, but may occur at reverse or interior corners or as a return at least six feet from external corners. Scored plywood's (such as T I-II) is not permitted. ~ Side Elevations at Corner Lots The street-side elevation of any residence located at a street corner or siding onto open space or publicly accessible commons (including single-family, attached and /'. , J '----, Andover Station North Design Standards January 4, 2005 -26 - -32-- r~ multi-family units) must have the same materials, fInishes and level of detail as \ ) . J the front elevation, with multiple windows. >- Service and Loading Area Screening Large apartment buildings and assisted living facilities often contain service areas or loading docks. Screening of such areas shall meet the same requirements as described in the section on Service Areas. . Publicly-Accessible Commons >- Minimum Area Each residential area must include a minimum acreage of Publicly-Accessible Commons equal to ten percent of the land area. The Commons are a landscaped area similar to a park or open space and may be public or privately owned but must be accessible to the general public. No more than 5,000 square feet may be met by a private community recreation facility structure such as a pool or clubhouse. SECTION 3 (- "- ARCHITECTURAL AND SITE REVIEW .'-.......) 3.01 Review The EDA shall review all construction, additions and exterior modifIcations for conceptual adherence to the provisions of this document. The ARC shall approve the fInal design and plans of all site, architectural, tree protection, landscape, luminary, sign, utility, and grading, drainage and erosion control plan, under the stipulations set forth in this document and the ordinances and policies of the City of Andover. 3.02 Approval Upon approval by the ARC of any plans and specifIcations and other submissions submitted hereafter, a copy of such plans and specifIcations, as approved, shall be deposited for permanent record with the City of Andover, and a copy of such plans and specifIcations bearing such approval, in writing, shall be returned to the applicant who submitted the same. A) Approval Whenever approval of ARC is required, the ARC shall take action within thirty (30) days after receipt of the request and all plans, specifIcations or other documents required to be submitted for approval. If not approved, specifIed written objections shall be mailed or delivered to the applicant within thirty (30) days. All requests for approval or applications for variance of the conditions contained herein shall be submitted, in writing by certifIed mail to the ARC at: ,---". , , . _J Andover Station North Design Standards January 4, 2005 -27 - -3.3 - r-'" , ; \ , - Andover Review Committee Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Final approval of any variances to these design standards shall be submitted to the EDA for approval or denial. B) Construction Without Approval If the exterior of any structure is altered, erected, placed or maintained upon any lot without the approval of the ARC, such action is in violation of this Section 3 and, upon written notice from an Owner or the ARC, any structures altered, erected, placed or maintained upon any Lot in violation hereof shall be removed by the Owner or re-altered so as to extinguish such violation. The Owner of the Lot upon which such violations exists shall have fIfteen (15) days after the notice of such violation to take reasonable steps toward the removal or termination of the same. If such Owner fails to take reasonable steps to eliminate the violation, the City of Andover, in addition to any right available at law or in equity, including injunctive relief shall have the right to enter upon such Lot and remove or terminate the violation. The Owner shall be assessed a violation assessment equal to the cost of correcting the violation plus ten percent (10%) of such host as an overhead charge. (-- '\ 3.03 Disapproval Plans and specifIcations submitted pursuant to Section 3 shall be \...~. disapproved if they fail to include any and all information requested by the ARC. The ARC may also disapprove such plans and specifIcations if any of the following are objectionable: A) The exterior design, appearance, or materials of any proposed structure. B) The location of any proposed structure upon any Lot or parcel or with reference to other lots in the vicinity. C) The grading plan of any Lot or parcel. D) The color scheme, fInish, proportions, style or architecture, height, bulk, or appropriateness of any structure. E) Number of and size of parking spaces, vehicular circulation patterns or design or location of parking areas proposed for any lot or parcel. F) The landscaping and/or signing and lighting plan for any Lot or parcel. G) Violation of Andover City Ordinances. .1'\ l . -../ Andover Station North Design Standards January 4, 2005 - 28- -3~- C) The EDA shall also have the right to disapprove any plans and specifIcations which, in the reasonable judgment of the EDA, would render the proposed structure or use inharmonious with the general plan of improvement of the property or with structures located upon the Lots, parcels or other properties in the vicinity. In any case where the EDA disapproves any plans and specifIcations or other submissions submitted pursuant to Section 3.03, such disapproval shall be accompanied by a statement stating with specifIcity the grounds upon which such action was based. 3.04 . Restrictions on Construction and Alteration No structures may be erected, placed, moved onto, or permitted to remain on any Lot or parcel, nor shall any existing structure upon any Lot or parcel be altered in any way which materially changes the exterior appearance thereof, unless: A) The plans and specifIcations therefore meet, in form and content, the requirements of the City of Andover and any other local, state, federal, or other governmental agency of authority. B) Such plans and specifIcations have been submitted and approved to the ARC together with any other information or other submissions, which the ARC may require in its reasonable discretion. 0 C) All submissions shall have been approved in writing by the ARC. Plans and specifIcations submitted pursuant to this section shall conform to the requirements of Commercial Site Plan application of the City of Andover and contain all information required by the ARC. 3.05 Development Guidelines The EDA may from time to time adopt guidelines for approval and disapproval of proposed improvements or alterations and the maintenance of them; and, in the event such guidelines are adopted, shall make them available to all owners. SECTION 4 ENFORCEMENT 4.01 Termination Each of the conditions, restrictions and reservations contained herein shall continue and inure to the benefIt of City of Andover, and its assigns (as limited herein), for a period of 20 years from the date of fIling for record and shall be automatically extended in their entirety for successive periods of ten years unless City of Andover executes, acknowledges and fIles for record an appropriate instrument, in writing, terminating and releasing the requirements of this Declaration. 0 Andover Station North Design Standards January 4, 2005 - 29- -3.s-- 0 4.02 Enforcement Procedures The standards set forth herein shall be enforceable by the City of Andover, and its assigns (as limited herein), for the maximum period allowed by law and shall be enforceable by: A) Injunctive relief, prohibitive or mandatory to prevent breach of or to enforce performance or observance of these standards and requirements. B) Money judgments for damages by reason or the breach of these standards. C} Both I) and 2) above. 4.03 Failure of Enforcement Failure of the City of Andover to enforce any provision of the standards and requirements contained herein upon the violation thereof shall in no event be deemed to be a waiver of the rights to do as to any subsequent violation. 4.04 Variances The EDA may grant variances from the strict application of the provision of these standards and requirements in cases where by reason of extraordinary and exceptional conditions of any site or circumstances, strict application of any standard would result in peculiar and practical difficulties or exceptional or undue hardship upon the Owner or any Building Site, or where otherwise deemed appropriate by the EDA. 0 4.05 Severability Invalidation of any of the provisions of these standards and requirements, whether by court order or otherwise, shall in no way affect any of the other provisions which shall remain in full force and effect. 4.06 Review In exercising its approval rights under the terms of these Design Standards, no approval shall be unreasonably withheld which is consistent with the specifIc standards set forth herein. 4.07 Amendments Amendments, modifIcations, alterations to this document shall be subject to the review and approval of the EDA at a public hearing. All property owners within the Property shall be given written notifIcation no less than ten (10) days prior to the public hearing. An instrument executed in accordance with this Section shall be effective when fIled for recording with the Anoka County Recorder's Office. SECTION 5 MISCELLANEOUS 5.01 Mortgagees The provisions of these Design Standards shall be subordinate to the line of a fIrst mortgage on any lot and none of the provisions shall supersede or in any way reduce the security or affect the validity of any such mortgage; provided however, that if any lot is sold under a foreclosure of any such mortgage, the purchaser and the purchaser's heirs, .:) Andover Station North Design Standards January 4, 2005 - 30- -J0~ () successors and assigns, shall own such lot, subject to all of the conditions and restrictions of these Design Standards. 5.02 Special Events The provisions of these Design Standards do not apply to and do not prohibit periodic, non-permanent business promotions and special sales events conducted on a lot by the owner or occupant. In no event shall any sign be placed on any lot or parcel of land for a period to exceed thirty (30) days out of a twelve (12) month period. 0 0 Andover Station North Design Standards January 4, 2005 - 31 - -5'1- 0 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year fIrst set forth above. ANDOVER ECONOMIC DEVELOPMENT AUTHORITY By By Chairman Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _ day of , 2005, before me, a Notary Public, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the Chairman and Executive Director of the Andover Economic Development Authority, a body corporate and political, the Municipal Corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporate seal of said Municipal Corporation, and the said instrument was signed and sealed on behalf of said Municipal Corporation by authority of the Andover Economic Development Authority and said and acknowledged said instrument to be the free act and deed of said Municipal Corporation. r, V Notary Public PROPERTY OWNER By STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _ day of , 2005, before me, a Notary Public, personally appeared to me personally known, who, being by me duly sworn did say that he is the Property Owner, named in the foregoing instrument. Notary Public .:J Andover Station North Design Standards January 4, 2005 - 32- ~;r- 0 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year fIrst set forth above. ANDOVER ECONOMIC DEVELOPMENT AUTHORITY By By Chairman Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _ day of , 2005, before me, a Notary Public, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the Chairman and Executive Director of the Andover Economic Development Authority, a body corporate and political, the Municipal Corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporate seal of said Municipal Corporation, and the said instrument was signed and sealed on . behalf of said Municipal Corporation by authority of the Andover Economic Development Authority and said and acknowledged said instrument to be the free act and deed of said Municipal Corporation. ''\ U Notary Public PROPERTY OWNER By STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _ day of ,2005, before me, a Notary Public, personally appeared to me personally known, who, being by me duly sworn did say that he is the Property Owner, named in the foregoing instrument. Notary Public 0 Andover Station North Design Standards January 4, 2005 - 33 - -~<f - ," EXHIBIT A '---) LEGAL DESCRIPTION Lots 1,2,3,4,5, Block I and Lot I, Block 2 and Lots 1,2,3, Block 3 Andover Station North, Anoka County, Minnesota. .,- '1 '-/ i~ Andover Station North Design Standards January 4, 2005 - 34- -ro~ ,.~ EXHIBIT B I \.. ..I REGULATING PLAN ,- " , ; '-...J ,..-.. t_) Andover Station North Design Standards January 4, 2005 - 35 - -/1- /--...... EXHIBIT C i , I MATERIALS P ALA TIE Construction Materials/visual-color/texture. Walls: Masonry & Brick BRICK: Dark: Adrian - Heartland Series (Glen-Gery Brick) Medium: # I Shelby - Heartland Series (Glen-Gery) #2 Be1crest 560A 00-17 (Belden) Lite: Be1crest 330A 99-16 (Belden) ... Corning Donohue Brick St. P. , , , ....._, SPLIT FACE C.B. Anchor Block Lite: Parchment #300 Medium: Majove #287 Dark: Hickory #538 Accent Panels, Focus, Signs Stucco, EFIS or painted - Ref: Stocolor system colors Windows: Glass - no reflective (mirrored) ability to see in Frames - Natural alum. andodized Bronze alum. Andodized - need samples /- .\ , '- ~ Andover Station North Design Standards January 4, 2005 - 36- -12~ 0 -~ .< 'iiIi- ~~ . . .' L:. '~ ~f r . " < , Z~ ~ Wz c..e" ~- 0 OW I-W 00 a:> c..a: LLI- OZ I-W 0 I.~ I_~ lllit~ .. 9: -..::: .-. - .'- --- ! ; 0