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HomeMy WebLinkAboutEDA February 15, 2005 j~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US ECONOMIC DEVELOPMENT AUTHORITY MEETING February 15, 2005 - 6:00 p.m. Conference Room A & B AGENDA 1. Call to Order 2. Approval of Minutes - February 1, 2005 Consent Ae:enda 0 3. Schedule Public Hearing Date (Land Sales in Andover Station North)- Planning 4. Advertise Opening for EDA Commission - Planning 5, Consider "Letter of Intent" from Play Ventures of Minnesota - Planning Discussion Items 6. Approve Andover Station North Design Standards - Planning/City Attorney 7. Review Jay Street Improvements - Planning/Finance/Engineering a. Construction Plans b. Land Sales Projections c. Finance Recommendations 8. Other Business 9. Adjourn Note: The meeting will be continued to the end ofthe regular City Council meeting of February 15, '~ 2005, ifthere is not time to act on all the items between 6:00 - 7:00 p.m. w .~ 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: FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes' DATE: February 15,2005 INTRODUCTION The following minutes were provided by city staff for approval by the EDA: February 1, 2005 Regular Meeting (Larsen, Nowak, Schultz absent) ~ DISCUSSION /" Attached is a copy of the minutes for your approval. ACTION REQUIRED The EDA is requested to approve the minutes of February 1, 2005. Respectfully submitted, d-"().4 (~"- j Vicki V olk City Clerk '~ '\ DRAFT 'J ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING FEBRUARY 1,2005 - MINUTES A meeting of the Andover Economic Development Authority was called to order by Vice President Trude at 6:00 p.m., Tuesday, February 1, 2005 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners Present: Don Jacobson, Mike Knight, Ken Orttel, Mike Gamache (arrived at 6:05 pm) Commissioners Absent: Robert Nowak, Ed Schultz, Fred Larsen III Also Present: Jim Dickinson, Executive Director Will Neumeister, Community Development Director Dave Berkowitz, City Engineer Others A!!:enda ADDroval 0 Additional information provided for Item 3, Updates on Letters of Intent; Add Item 4A, Accept EDA Member Resignation. Motion by Orttel, seconded by Knight to approve the agenda as amended. Motion carried. ADDroval of Minutes January 18,2005 Motion by Orttel, seconded by Trude to approve the minutes of January 18, 2005 as written. Motion carried. UDdates on Letters ofIntent Mr. Neumeister noted that there are no changes to the Oppidan or Tramm Builders proposals. (President Gamache arrived at 6:07 pm) Michael Casey's proposal would be a 28,000 square foot office showroom consisting of '\ existing businesses. The building would be zero lot lined so that the tenants could <) purchase rather than rent. He asked for EDA support on this idea. He would also pay the . "- EDA Meeting <_J February 1,2005 - Minutes Page 2 park dedication fee to be used specifically for the ballfields. Option 2, which he would also like to purchase, would be a similar building. The EDA discussed the price of the property with Mr. Neumeister noting that Mr. Casey is not asking for any TIF assistance. He also stated that the special assessments are included in the purchase price except for the water and sewer connection charges. Commissioner Jacobson asked if the EDA would retain architectural control if this proposal were agreed to. Mr. Dickinson stated yes. Mr. Berkowitz noted that he will be meeting with the Anoka County Highway Department and is going to start the discussion with right-in/right-out access from Bunker Lake Boulevard. The Highway Department has said that the bank entrance would be removed once Jay Street is constructed. Commissioner Jacobson expressed concern with what the back of the building would look like. Mr. Neumeister stated there would be screening on the back of the building. , '\ Commissioner Orttel was concerned about the price Mr. Casey is proposing. Mr. U Dickinson explained that this is a redevelopment district and we're dealing with property with clouds over it. Mr. Neumeister stated that Mr. Casey is willing to put more money into the building than into the land. Commissioner Jacobson stated that it is his goal to generate enough money to pay for the roads, utilities, etc. Tramm Builders' proposal- Mr. Neumeister explained that this proposal is fro office condominiums. Kim Tramm noted that he would like the building to be a walkout. The office condo market is hot as long as you have access and visibility and the turnover is not big. Commissioner Jacobson asked if Mr. Tramm wants an option for a year on the other parcel and was concerned someone else might offer more money for the parcel than Mr. Tramm is willing to pay. Mr. Tramm asked if the EDA would be more comfortable ifhe simply bought both parcels now. Mr. Dickinson stated staff would work on this. The EDA discussed a monument sign that would serve all of the properties and would be located at 139th and Hanson. Oppidan's Proposal- Mr. Neumeister noted that Oppidan is working with United Properties. Their proposal is for the purchase of Lots D & E. Mr. Dickinson stated that Oppidan's clients include Gander Mountain, Coborns and Super Valu. Play Ventures of Minnesota Proposal- Mr. Dickinson explained that the proposal is for a 0 50,000 square feet of retail. The EDA asked that more information be provided regarding the proposal. "- 'J EDA Meeting February 1,2005 - Minutes Page 3 Mr. Dickinson noted that Mike Mulrooney would like to show one of the parcels for a light industrial building. Accept EDA Member Resil!Dation Motion by Orttel, seconded by Jacobson to accept the resignation of Fred Larsen III. Motion carried. Motion by Orttel, seconded by Jacobson to adjourn. Motion carried. Meeting adjourned at 7:00 p.m. Respectfully submitted, JL- ();/L Vicki V olk (j City Clerk , :--.J @ , ) -- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923' WWW.CI.ANDOVER.MN.US TO: EDA _ident ""d Boord ~ CC: Jim Dickinson, Executive Director '. FROM: Will Neumeister, Director of Community Development ~ SUBJECT: Schedule Public Hearing Date (Land Sales in Andover Station North) - Planning DATE: February 15,2005 INTRODUCTION The City Attorney has advised that the EDA needs to hold a public hearing on the land sales for Andover Station North. This will require a public hearing notice that must appear in the Anoka County Union. ^' DISCUSSION I '-.J' The EDA needs to direct staff to prepare the paperwork to comply with state statute regarding the land sales in Andover Station North. Also, the EDA is asked to authorize the public hearing to be held and place a public hearing announcement in the Anoka County Union. ACTION REOUESTED Schedule a public hearing date, and approve the public hearing announcement that would appear in the next Anoka County Union. Respectfully submitted, 4/L- Will Neumeister Attachment ./ Announcement for Public Hearing on Land Sales in Andover Station North , , J '--../ , , ! - - .' NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The Economic Development Authority of the City of Andover will hold a public hearing at 6:00 p.m" or as soon thereafter as can be heard, on Tuesday, March 1, 2005 at Andover City Hall, 1685 Crosstown Blvd NW, Andover, for Land Sales in Andover Station North. All written and verbal comments will be received at that time and location, A copy ofthe proposed land sale information will be available for review prior to the meeting at City HalL Please contact Will Neumeister, Community Development Director, with any questions at (763) 767-5140. . ' "-~ Will Neumeister, Community Development Director Publication date: , 2005 , " '~_/. @ ! , , } 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: Jfin Dkkin",n, Ex",utive Dhectm ~ FROM: Will Neumeister, Director of Community Development tvck.... SUBJECT: Advertise Opening for Economic Development Authority - Planning DATE: February 15,2005 INTRODUCTION At the last meeting there a resignation from the EDA was received and acknowledged. An announcement is being prepared for publication in the next City newsletter and the Anoka County Union (see attached copy). , --. \...,i DISCUSSION The vacancy on the EDA needs to be filled as soon as practical. To aid in getting the position filled, the public advertisement needs to be put into then next newsletter and the Anoka County Union. ACTION REOUESTED Approve the advertisement for a vacancy on the EDA to appear in the next City newsletter and the Anoka County Union. Respectfully submitted, {d- Will Neumeister Attachment Announcement of Vacancy ./ \ '\...J , '\ Opening for Economic Development Authority "-~ A recent vacancy has occurred on the Andover Economic Development Authority (EDA). The remaining term ofthis position is approximately three years. The person that is chosen would serve until January 1,2008. Residents of the City that are interested in applying should contact Brenda Holmer at (763) 767-5141 to obtain an application form. The EDA meets approximately twice per month and meetings are typically held between 6:00 -7:00 p.m. on the first and third Tuesday of the month. Applications may be submitted until March 18,2005. , "- U 0 - (5~ CJ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA _ident >md Boanl ~ CC: Jim Dickinson, Executive Director ~ FROM: Will Neumeister, Director of Community Development wci-- SUBJECT: Consider "Letter ofIntent" from Play Ventures of Minnesota - Planning DATE: February 15,2005 INTRODUCTION The developers, Play Ventures of Minnesota, have requested their item be reviewed at the March 1, 2005 EDA meeting. One of the principal owners would like to be present at the meeting to explain the details and is out of town and can't be present on February 15, 2005. (J They will be present at the March 151 meeting to explain in words and graphic images the full extent of their proposal. DISCUSSION No discussion is needed, however the EDA is asked to continue the review of the letter of intent from Play Ventures of Minnesota. ACTION REQUESTED Please continue the review and discussion of the proposal from Play Ventures of Minnesota to the March 1,2005 EDA meeting. Respectfully submitted, 4d- Will Neumeister Attachment Letter ofIntent from Play Ventures of Minnesota / ,. '\ 'V , January 13,2005 \.~ Andover Economic Development Authority c/o Mr. James Dickinson City Administrator City of Andover, Minnesota 1685 Crosstown Boulevard Andover, MN 55304 Re: Purchase of property (the "Property") within Andover Station North from The City of Andover, Minnesota (the "Seller"). Ladies and Gentlemen: This letter confirms our interest in purchasing from Seller a parcel of land to be created , \ within Andover Station North, an Andover EDA project, with a total of approximately '---.../ , four acres raw land, all on the following terms and conditions: Parcel Description The parcel is located in the Northeast corner of Andover Station North adjacent to the proposed ballfield complex and the existing transmission line easement located along Hanson Boulevard. The site is incumbered by the Great River Energy easement and the conditions determined by the WDE site to the north. Purchase Price Because of the complexity and nature of the proposed site and the adjacent mixed uses, it is difficult to propose a price certain until such time as a detailed plan for access and cross-use easements can be completed. However, we anticipate the proposed use would traditionally occupy approximately Four (4) acres for the building and associated parking. We therefore propose a price based on!$2.5 per square foot over 4 acres, or $435,600.00. \_J , Buyer assumes seIler will provide and fund all remediation necessary to ready the site for 1 \.J the intended use. This includes, but is not limited to; monitoring weIls, soil remediation, soil replacement, and ventilation systems. Buyer assumes seIler will rough grade the site to the specifications mutuaIly agreed upon by both parties as part of the overaIl mass grading project. Building pad to be prepared to the buyers specifications for in-place fiIls, and suitable for standard foundation construction. Payment of Purchase Price The Purchase Price, subject to adjustments, shall be payable by wire transfer of immediately available funds at Closing. Earnest Monev Within two (2) business days foIlowing the execution of the Purchase Agreement by both parties Purchaser will submit, by wire transfer of immediately available funds, an earnest '\ money deposit $5,000 to the title company of the Purchasers choice to be held as an \.J initial deposit in an interest-bearing account at the direction of Purchaser, with interest to be for the benefit of Purchaser pending completion of the transaction or other tennination of the Purchase Agreement. Due Diligence Purchaser will be afforded a Due Diligence Period of 120 days from the date of delivery to Purchaser of the last of the Documents for Inspection listed on Exhibit A referred to below to conduct its due diligence investigations and inspections with respect to the Property (including, without limitation, the economic perfonnance of the Property, soil and environmental analysis, physical condition of the Property and engineering inspections, review of the Documents for Inspection, and such other investigations and inspections as Purchaser in its sole and absolute discretion may require). Purchaser may terminate the Purchase Agreement and receive a refund of the Earnest Money (together with interest accrued thereon) if as of the end of the Due Diligence Period, Purchaser is not satisfied, in its sole and absolute discretion, with the results of its investigations and inspections. <) , Seller will deliver the Documents for Inspection to Purchaser within three (3) business 1 '__J days following the execution of the Purchase Agreement. Purchaser and its consultants and representatives will be afforded reasonable access to the Property and to Seller's books, records and files relating to the ownership, development, maintenance, management and operation of the Property. Title Seller will, at its cost, provide Purchaser with a current title commitment issued by Title Company (which Title Company shall be chosen by Purchaser), together with legible copies of all documents referenced therein. Seller will, at its cost, provide Purchaser with an updated survey of the Property, which survey shall be current as-built, ALTAJACSM Land Title Survey, prepared and certified by a registered land surveyor licensed in the state where the Property is located and certified to Purchaser, Purchaser's lender, if known, and Title Company, which certification shall be that required by the Accuracy Standards for Land Title Surveys in 1999, using the third of the three alternatives regarding the accuracy standards in the certification, and including Items 1, 2, 3, 4, 6, 7, 8,9, 10, 11, 13, 14, 15 and 16 of Table A thereof. \ U The cost of the owner's policy of title insurance to be issued by Purchaser shall be borne by Seller or Purchaser in accordance with custom and practice in the area in which the Property is located. Closinl!: and Prorations The closing will take place at 10:00 a.m. at the offices of Title Company on the 120th day after the satisfaction of the conditions precedent outlined in Exhibit B of this document (or, if such _ th day is not a business day, the next following business day), or at such other time or place as may be agreed to in writing by the parties, U , Confidentiality \ ) Each of the parties (and their respective agents and representatives) will keep the existence and terms of this letter and the Purchase Agreement in strict confidence both before and after Closing, except in the course of conveying necessary information to third parties directly involved in the transaction (including without limitation, in the case of Purchaser, prospective assignees of the Purchase Agreement, prospective partners of Purchaser and prospective lenders) and except as may be required by law or otheIWise mutually agreed upon in writing by the parties. Commissions Seller shall be solely responsible for the payment of all commissions or fees payable to any real estate agent or broker in connection with this transaction and shall indemnify Purchaser in connection therewith. Purchase Al!:reement Purchaser will deliver a draft Purchase Agreement to Seller as soon as reasonably , possible following the signing of this letter of intent by both parties. It is intended that U the Purchase Agreement will be settled and executed by both parties as soon as reasonably possible after delivery of the draft to Seller. Assil!:nment Seller understands and agrees that prior to the closing, the persons constituting Purchaser will assign their interests in the Purchase Agreement to a Minnesota limited liability company in which the persons constituting Purchaser will each own an interest. Intended Use The parties acknowledge that the intended use of the property would be the construction ofa 50,000 sq.ft. indoor sports facility and Sports Grill with associated retail spaces. The facility would host primarily volleyball events with the ability to provide space for other court activities or batting cages. The on-site Sports Grill, intended primarily to provide a family dining environment for the facility, and the entire community, would require a liquor license for on-site consumption of alcoholic beverages. "~ , Non-BindiD!! Letter of Intent \.J The parties acknowledge that this is a letter of intent only and is not intended to create and does not create a binding or enforceable agreement between the parties, save and except for the provisions under the headings Confidentiality and Non-Solicitation, which are binding on the parties. Please confirm your agreement with the terms of this letter by signing and returning the enclosed duplicate copy. We look forward to working with you to complete this transaction Yours very truly, Play Ventures of Minnesota, LLC a to-be-fonned Minnesota Limited Liability Company substantially owned and controlled by: " U ,~ , , Acknowledged and agreed this _ day of ,20_ '0 City of Andover, Minnesota By: Printed Name: Title: , '--j .., '-~ \ "~-) EXHIBIT A Documents for Inspection 1, Plans and specifications for the Property and overall development, including site plan showing location and number of parking spaces, grading plans, utility plans, environmental remediation plans, and any other documents relative to development of the subject site. 2. All engineering, inspection, environmental and similar studies and reports relating to the Property 3. Copies of any existing title policies (with underlying documents) and surveys 4. All warranties and guaranties affecting the Property. 5. Documentation regarding any litigation currently affecting the Property. r ''\ \,--- ) \ ,_/ J . , EXHIBIT B , } , .~ Conditions Precedent to Closing l. The construction and opening of Jay Street including signalized intersections at both Hanson and Bunker Lake Boulevard. 2. The completion of rough grading and construction of paved parking lots serving the park and ball fields adjacent to the property in a configuration mutually acceptable to the buyer and seller of the subject parcel. 3. The completion of all Sanitary Sewer, Domestic Water, and Storm Sewer infrastructure serving the parcel and extended to the proposed property line. 4. The availability of all private utility services (electric, natural gas, CATV, telephone, etc. ) immediately adjacent to the property. 5. Preliminary Plat, Final Plat, and Commercial Site Plan Approval from the City of Andover. , ') \--..... , \ " J -/" @ C I T Y o F , NDOVE , I '- 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: Jim Dickinson, Executive Director ~ FROM: Will Neumeister, Director of Community Development td- SUBJECT: Approve Andover Station North Design Standards (continued) -- Planning DATE: February 15,2005 INTRODUCTION At the last meeting (Ian 18th) there were suggestions made by the EDA regarding the Andover Station North Design Standards. The attached copy reflects the comments from the EDA at the last meeting, as well as a changes recommended by the City Attorney. He will be at the r " meeting to explain why he recommended this document be changed and the need for a ....._..,..J "Declaration of Covenants, Conditions and Restrictions". The adoption of both of these documents will be needed before land sales/closings occur. The final form of these documents will be brought forward to the March 1 st EDA meeting. DISCUSSION This document contains the changes to the allowable uses that were discussed in October. Other miscellaneous changes from the January 4th and 18th meetings are also shown. ACTION REQUESTED The EDA is asked to review the document and if changes are needed, provide direction to the staff and City Attorney on the latest version of the proposed Andover Station North Design Standards. Respectfully submitted, bd..- Will Neumeister Attachments ./ Minutes of Jan. 18,2005 EDA Meeting '\ , J Andover Station North Design Standards (Feb. 15,2005) ./ '--J ~J ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING JANUARY 18,2005 -MINUTES A eeting of the Andover Economic Development Authority was called to order by President Mike Gama e, January 18,2005,6:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, nnesota. Present: Commissioners Don Jacobson, Ken Ortte!, and Julie Trude Absent: Commissioner Mike Knight, Voting resident members Fred Larsen, Robert Nowak and Non-voting resident member Edward hultz. Also present: Exe tive Director, Jim Dickinson Comm 'ty Development Director, Will Neumeister City Engin Dave Berkowitz Others 0 APPROVAL OF MINUTES January 4, 2005: Correct as amended. Commissioner Trude noted a change on page 3, under Approve Andover ation North Guidelines, third paragraph, second sentence stated "Commissioner Trude stated the ne to add a residential standard to the guidelines". She noted this was not what she said, "They nee add residential standards at the beginning of section two which limits the standards to general busi MOTION by Jacobson, Seconded by Trude, approval of the Minutes as amended. unanimously. . APPROVE ANDOVER STATION NORTH DESIGN GUIDELINES, CONTINUED Community Development Director Neumeister explained at the last meeting there were suggestions made by the EDA regarding the Andover Station North Design Standards. Based on comments from the City Attorney, these guidelines will need further revision and will need to be brought back one more time for further review. Mr. Neumeister discussed the changes with the City Council. ./ '\ U Commissioner Trude suggested when staff talks to the City Attorney, Mr. Neumeister points out that this is the situation at Andover Station South and they cannot come in and use the sign ordinance if the Station Guidelines had a different standard. Mr. Neumeister thought the City Attorney told him if they wanted to be more restrictive, they can. \ Andover Economic Development Authority Meeting \J Minutes - January 18, 2005 Page 2 Commissioner Ortiel wondered if they were concerned with some adult type businesses. Mr. Neumeister was not sure. Mayor Gamache stated his only concern was if a lot of changes are made they follow through on the south side for uniformity. Mr. Neumeister stated the City Attorney suggested making these as guidelines instead of covenants for the property. Commissioner Trude had a couple of items she wanted to discuss generally. She noted the monument sign and buildings further back should have taller signs. Commissioner Trude wondered if they are going to use the same type oflamps as in the south area because she did not think there would be shoppers walking around. Mr. Berkowitz stated they are proposing to use the acorn type lights. U Commissioner Trude thought they should have some regulation regarding flashing, blinking lights on monument signs. She thought this is kind of tacky and did not think they should be allowed in the area. USS ANDOVER STATION NORTH DEVELOPMENT PROGRESS Community velopment Director Neumeister stated over the past few months staff met with local developers erested in looking at the possibility of building a variety of different buildings in Andover Station h. There has been progress made in regard to receiving "letters of intent" to buy land and develop i is exciting new development area. The developers that have shown interest are planning to develo oncurrently with the first phase of the construction of utilities and streets. Provided the EDA acc s the "letters of intent" and directs staff to prepare a purchase agreement, the City would be track to construct at least the first phase of Jay Street in the summer of2005. Commissioner Trude thought anything around the b hould be treated like an entryway into the development. Mr. Neumeister stated Opidan's offer would be conditioned on whe r or not they have to have a restaurant. They do not want to be held for only a restaurant in this ar .:J Mr. Dickinson wondered ifthe EDA wants to hold a condition on a restaurant in parcel or within the development. Commissioner Trude stated they want to know what will be going into the development. ~-j ANDOVER STATION NORTH DESIGN STANDARDS / '\ U February 15, 2005 /~- " '0 TABLE OF CONTENTS U 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......................................................................... 1 1.05 Lots.......,............................................................................. 2 1.06 OeeHpant.................. ........................... ......... .................. .....,. 2 1.07 Oymer.................................................................................. 2 1.08 Pareel................................................................................... 2 1.09 Persofl........................ ..........................,............... ................ 2 hW 1.06 Property......................................... .................................. ..... 2 -h-l+ 1.07 Street...........................................................................,....... 2 ~ 1.08 Permitted Uses.................................... .............................. ...... 2 -hH 1.09 Excluded Uses........................................................................ 5 SECTION 2 - PROJECT DESIGN STANDARDS......................................... 5 2.01 Site Plan............... ...................................................... .......... 7 2.02 Landscaping.......................................... ................................. 10 2.03 Architectural Standards............................................................. 13 2.04 Parking Loading and Unloading Areas..................... ... ...... ............. 14 2.05 Exterior Lighting..................................................................... 15 2.06 Signage........................................................................... ..... 18 0 2.07 Construction and Maintenance.................................................... 23 2.08 Residential Design Standards... ... .................. ......... ... ...... ............ 25 SECTION 3 - ARCHITECTURAL 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 ENFORCEl\fENT..... ........................ ........................... ..... 30 1.01 TefHIiflatiofl......................................................................,... 30 1.02 Eflforeemeflt Proeedures............................................................ 31 1.03 Failure of Eflforeemeflt. ............................................................ 31 1. 0 1 V arianees. . , . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . ... . . . . . ... 31 1,05 Seyerilbilit)'........................................................................... 31 1.06 Reyiew........................,........................,....... ....................... 31 1.07 ,^.meRdmeRts...........................,................. ............................ 31 SECTION S :! - MISCELLANEOUS................................... ........... ....... ...... 31 ~ 4.01 Mortgages............................................................................ 31 ~ 4.02 Special Events..... ......................... ................................. ........ 32 EXHIBIT A - LEGAL DESCRIPTION........ ......... ........ .......... ...... ............ 35 EXHIBIT B - REGULATING PLAN ........................................................ 36 EXHIBIT C - MATERIALS PALATTE .................................................... 37 0 i ~ ) DESIGN STANDARDS FOR ANDOVER STATION NORTH ~- 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 ofthe 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-ef v/mch shall be binding on all Persons o'lming or acquiring any right, title or interest in the Pwperty and their heirs, personal representatiyes, successors and assigns. Quidelines to the development of all property in Andover Station North. . '\ SECTION 1 \.J 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 U Andover Station North Design Standards February 15,2005 - I - 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. LOti "OeeUpllnt" shall mean any Person, other than an OWRer, in possession of a lot or pared. 1.07 "Owner" shall mean the recorded oVl'Rer of a lot or parcel, whether one or more persons, but exchlding contract for deed '1endors, mortgagees and other secured parties. The term "Owner" includes, vrithout limitation, contract for deed vendees and holders of a life estate. 1.08 "Pllred" shall mean a tract of land separately described and identified as a "Parcel" vrithin 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 indi'/idual, corporation, limited liability company, par.nership, trustee, or other legal entity capable of holding title to real Property. t-..lt) 1.06 "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 , on Exhibit A. 1 '-_J 1.11 "Street" shall mean a portion of the Property dedicated to the public and shovm as a street or internal dri'le on a subdi'lision plat prepared in accordance '.vith Minnesota Statues Chapter 505 and filed for recording in the .-'lnoIca County Recorder's Office. l-.-n 1.07 "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 shovm on Exhibit B. Preferred uses shall include, but are not limited to, the following: , "- \J Andover Station North Design Standards February 15, 2005 -2- , : ) , . 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 . Restaurants 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 \.J . Toys . Variety Stores . Video Store Rental & Sales . Liquor Store Sales - Off-Sale Builders Showcase Uses Including: . Lighting Studios . Window and Garage Door Comoanies . Home and Office Electronics . Drywall Comoanies . Cabinet Shoos . Contractors Offices . Interior Decorating Suoolies . Household Aooliances and and Services Fixtures. Central Vacuums . Other similar uses orovided all . Indoor Showroom materials and finished e:oods are stored inside. , \ , '--./ Andover Station North Design Standards February 15,2005 - 3 - , Conditional Uses shall include the following: " . Home Improvement. Provided all materials are stored Building Supplv. inside. Lumber Yards . Garden Provided bulk goods are Centers/Landscape adeQuatelv screened. Centers . Car Wash 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, dust or pollutants. Areas designated as Office\Showroom\Warehouse are shown on Exhibit B. The following are permitted uses: . Indoor limited retail sales accessory to office\limited manufacturing uses . Scientific and Technology Industries . Indoor Showroom . Office/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 ( \ ... -~ Andover Station North Design Standards February 15,2005 -4- 0 . Private Clubs, Lodges, Halls or Convention Centers . Indoor Commercial Recreation Residential Areas designated for residential are shown on Exhibit B. ~ 1.08 "Excluded Uses" shall mean the following uses and activities are prohibited within the Property: . Contractors Yards . Lwnber Y EH'ds . Home Impro';ement\Building Supply . GEH'den\Landscape Center . Auto Related industries including sales and repair (except car wash) . 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 (j 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 ,^.ndover Station North intends to off-cr citizens a place to enjoy an aetive street lif-c, commllilit), activities, and a neighborhood retail experience. The !.ndover Station North standEH'ds EH'e the regulating zoning standEH'ds for the GB, General Business Zoning District. Other standEH'ds in the zoning ordillance or other regulatol)' controls notvlithstanding, Where there is conflict between the Andover Station North Design Standards and specific elements of the other City ordinances or regulations, the Andover Station North Design_Standards shall prevail. Where there is no conflict and when the Andover Station I 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 ofthe Property. The ARC shall consider compatibility during the commercial site plan approval process. These design standards support the following goals for the entire platted area of "Andover Station North": U Andover Station North Design Standards February 15,2005 -5- (~ . 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 vi-alking distance the diverse aetivities that eomprise provide 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 North and make connections to the City trail system. . Community Design and Architecture ~ Site and Design buildings and landscaping for convenient '.v-alking distances, 0 enhaneed 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. ~ 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. ~-J Andover Station North Design Standards February 15, 2005 -6- \.) ~ 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. ~ Establish standards that are consistent with the City's Comprehensive Plan fmd Andoyer 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 U 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 lines, building locations and entrances, gateways, landmark tovlers, 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 ','lay or the ponds. Bringing building fronts close to the edge of streets or ponds and \vetland enhance continuity, attractiyeness and intimacy of pedestrian spaces. Specific regulations for Build to Lines are: ~Build to Lines OCCUI" at the edge of the dedicated right of '.vay, vlflere property meets a publicly accessible street, path or Vi-ater and wetland amenity. ~To contribute towards meeting the Build to requirement, building facades must be sited within zero to ten f-cet of the public right of ',vay. C) AndoveT Station North Design Standards February 15,2005 - 7- C-.J ~Parks or plazas may be used to satisfy up to 20 percent of the build to requirement, and must be landscaped 'lAth shade trees and furnished ',vith seating areas satisfactory to .^.RC r-eviev. and approval. ~Standards for Build to Lines and associated elements such as mimmum building height, building frontage and building entry as 'lIell as '.'lindo'll placement and frequency are described in greater detail in the Ar.chitectural 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 U 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 TO'.yers are required in the designated locations to mark major destinations and gate'Nays. The towers will terminate important local vistas and visually announce the .'\ndover Station North Commereial Center from Bunker Lake Bouleyard and Commercial Boulevard. Towers of high architecttrral merit are called for as sho','m in the prototype elevations. Towers must be integrated into a building. The towers may not exceed a height of 65 f-eet, plus minor projections not to exceed one f-oot in width and five feet in height (a total of 20 feet abo'/e the maximum building height). Signs on to'l.ers shull 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 " V Andover Station North Design Standards February 15,2005 -8- C) ~ Quality and Materials Each building located within the Property shall be built in an industry acceptable and city approved workman-like manner with high quality, first-class building materials. The design and location of buildings constructed on a lot shall be 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 1 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. Wood screen fences are prohibited. All exterior machinery, tanks, etc., are to be fully screened by compatible materials. II) 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. / '\ U Andover Station North Design Standards February 15, 2005 -9- , ,~) 1) 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 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 '-J the tallest part ofthe,building. ~ Minor Projections Minor projections and special architectural features such as clock towers, bell 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 Owners 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 Owners 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, '\ V Andover Station North Design Standards February ]5,2005 - ]0- , 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 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 shall 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 Site planning shall recognize the role that street alignment and topography contribute to visual prominence. High points on the land and vista<; along common routes proyide unique opportunities to site important buildings, building entrances, plazas and monuments. Doing so will add recognizable landmarks that can make the l.ndover 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 imd slopes exceeding 4:1 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. , ') \~I Andover Station North Design Standards February 15,2005 - II - , : ; , , }> 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 such that they do not proyide ambush points or obstruct views. }> Connecting Walkways Connecting walkways must meet the following minimwn 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 ambush places. }> Paving At strategic locations. 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. }> Lighting Connecting walkways must be equipped with lighting. on one side, at least three (3) feet in height in order to be yisible in deep snow drifts or snow banks. Lighting standards spaced a maximum of thirty feet apart and a maximum of ten (10) feet tall are recommended. 2.03 Architectural Standards . Building Entries and Windows Building massing shall be designed to highlight 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 " ~ ~ ,_/ Andover Station North Design Standards February ]5,2005 - ]2- , accentuate entries in the form of tower elements, tail 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 The guidelines in this section are intended to create buildings with a human scale, making Andover Station North Commercial Center more pedestrian-friendly and a 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 FormlRooftop Equipment , , \",_.f 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. . 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' \ .J Andover Station North Design Standards February ]5,2005 - 13 - (J 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 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 0 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 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 parkin!!: 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. ," '\ U Andover Station North Design Standards February 15,2005 - 14- (~ . Connecting Walkways ~}~cross Large Parking Lots Parking lots shall not exceed 100 spaces vlithout being segmented by Connecting Walk\VilYS, Landscaped Fmntages or buildings. ~Linking Building Entranees to Sidewalks '}''here building entries do not abut a street, Connecting Walkways are required to link the building entrance to street side'lialks. This configuration is most likely for larger store tenants '.vho require parking lots in front of building entrances. . Orchard Tree Planting In or Around Parkin!!: Lots For parking lots, a minimum number of shade trees are required, equivalent to one tree per sHt ten 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-sHt ten requirement for parking lots. Trees must be set into a tree well and protected by tree guards a landscaped island or placed around the perimeter of the parkin!!: lot. U . Bicycle Parlung Bicycle Parking must be provided in easily accessible locations. One bicycle space shall be proyided for every 2,000 sqHare feet of building Net Floor Area. Bicycle parking must be yisible from storcfronts or office building front doors, in order to improye security f-or 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 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. ,-~ 0 Andover Station North Design Standards February 15,2005 - 15 - " '\ \J 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 The lighting allowed in Andover Station North shall be the same as Andover Station. The lamp types used in Andover Station shall be repeated in this new development area. Lighting shall be required within three zones: along streets and walkways, within parks, and within parking lots. Within each of these zones, lamps of similar type and color shall be used, with the conyersion of non conforming existing lamps encornaged 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 highlight 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 (j 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 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 Andover Station North Design Standards February 15,2005 - 16- , \ 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 (3) feet in height in order to be visible in deep snowdrifts or snow banks. 0 Seating }~rea~ '.''here intimate environments are desired (e.g. seating areas in parks and plazas, as well as some pedestrian walkways), light bollards and other f-oITHS of indirect illrnnination are appropriate. . Bollards (j 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 f-cet, to avoid being obstructed by snow. Around the light SOlH"ee near the top of the bollard, horizontallotivers must be used to stylistically complcment the luminaries and direct light downward. Concretc finishes shall not be used for lighting bollurds. . 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 the City. Each owner/tenant will be responsible for the design, fabrication, and installation ofIights on private property. 2.06 Signage 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: (J Andover Station North Design Standards February 15,2005 -17 - (~ 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 I ARC. The ARC shall determine appropriateness based upon size, scale, colors, 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. 1) Pylon signs are prohibited J) All signs shall be reviewed by the Andover Review Committee (ARC) . Prohibited Signs The following signs are prohibited: ~ 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. .:J Andover Station North Design Standards February 15,2005 - 18 - --- , ~ Individual commercial signs placed on public property. \J ~ 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. ~ 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 '\ 0 slgnage. . Sign Constrnction 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. ~ 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 C) Andover Station North Design Standards February 15,2005 - 19- , water drainage. All bolts, fastenings and chips shall be of stainless steel, \.J 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. ~ 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. and sie:ns \ for an individual propertv shall not exceed fifteen (15) feet in heie:ht. ,_.J ~ Area Identification/mulit-tenant signs shall not be more than five (5) twentv- five (25) feet in height. . 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 twelve (12) 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. C~ Andover Station North Design Standards February 15, 2005 - 20- . "- \ ~ ) . Gateway Signage for Project Identity and Tenants Project gateways, shown in the Site Plan, are the two most commonly used vehicular 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, comice 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. \-J ~ 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. ~ 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 fa9ade 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. U Andover Station North Design Standards February 15,2005 - 21 - '\ \ -- J . Monument Signage Monument style signs shall be limited to communieating the general locutions and direction of amenities or facilities, such as tenant location maps and direetions to parking lots, exits and delivery and loading areas. Monument signs shall not exceed six (6) fifteen (15) feet in heie:ht with Area Identification sie:ns allowed up to twenty-five (25) 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 '-J 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) six (6) feet in length, vlith one additional foot of banner length permitted for e'/el)' additionul foot in pole height, up to a six (6) 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. , , '0 Andover Station North Design Standards February 15, 2005 - 22- "- 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 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 "--. J 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 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. ,.- '\ t,---, , Andover Station North Design Standards February 15, 2005 - 23- , " Noxious Activities ! . '. J 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. . Temporary Strnctures 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 the 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. . 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 tanlcs shall be integrated \'I'ith 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. All 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. ;' \ \J Andover Station North Design Standards February 15,2005 - 24- (J . 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 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 a medium density. densities., ineluding attached and/or stacked residences, such as row houses, apartments and condominiums as '.vell as assisted living facilities. ~CrouDd Floor Office aDd Retail In certain locations in the Residential District (shovm in the regulating plan), ... ground floor office, retail or live/work space is permitted and encolH"agcd in ~J multi story residential buildings, in order to create a more active presence along certain streets. (Li'/e/work units arc multi story residences ',vith a small street facing storefr-ont or office space for home offices.) ~ Neighborhood Open Space A minimum area of Publicly f.ccessible Commons (a sharcd open spacej is required in each Residential District to provide community areas for gathering; sports, relaxing and people '.vatching. ~ 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 pattem 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 ,-~ U Andover Station North Design Standards February 15,2005 - 25- () Porches or stoops are required where different units share entrances, such as at apartmcnt buildings. ~Building:l with Four (4) or Fewer Units Shared entries must have a porch with a minimum of ten fcet vlidth and a minimum six f-oot depth. ~Building~ with Fi"le (5) or More Units Shared entries must ha'fe either a porch of at least ten fcet by ten fcct or an interior building lobby with generous windows facing the adjacent strect or commons. . 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 0 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. . Building Scale and Definition Articulation ~ All Residential Products The front facade of all residential buildings must be articulated with porches, bay windows or balconies for that portion of the buildine: that face~ the adjacent street, park or opcn 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 highlight proportion and rhythm among a series of bays and the 0 Andover Station North Design Standards February 15,2005 - 26- / '. overall building mass. Pilasters, columns, reveals, fenestration and other details (J may be used to achieve this effect. The comers of the attached buildings must be marked '.vith strong clements such as '/ertical piers, extra height (such as a tower), grcater massing (thickness, planar orientation, or material change) or diffcrent roof form (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 extemal comers, but may occur at reverse or interior comers or as a return at least six feet from external comers. Scored plywood's (such as T 1-11) is not permitted. ~ Side Elevations at Corner Lots , , "-) The street-side elevation of any residence located at a street comer or siding onto open space or publicly accessible commons (including single-family, attached and multi-family units) must have the same materials, finishes and level of detail as the front elevation, with multiple windows. ~ Service and Loading Area Screening Large apar.rnent buildings and assisted living facilitics 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 .^.ccessible Commons open space equal to ten percent of the land area. The Commons arc a landscaped area similar to a park or open space and may be public or privately ovmed but must be accessible to the general public. No more than 5,000 square feet may be met by a private community recreation facility structrne such as a pool or clubhouse. (j Andover Station North Design Standards February 15,2005 - 27- " \J 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 0 shall be submitted, in writing by certified mail to the ARC at: 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 Aporoval 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. I '\ \_) Andover Station North Design Standards February 15, 2005 - 28- , \J 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 pattems 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. ~~ 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. , '\ V Andover Station North Design Standards February 15, 2005 - 29- , 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 eonditions, restrictions and reservations contained herein shall continue and inrne to the benefit of City of ,^.ndover, and its assigns (as limited herein), f-or a period of 20 years from the date of filing for reeord and shall be automatieally extended in their entirety f-or successi';e periods of ten years unless City of ,A~doYer executes, acknowledges and files for record an appropriate instrument, in writing, terminating and rcleasing the requirements of this Deelarution. 4.02 Enforeement Procedures The standards set forth herein shall be enf-orceable by the r '\ City of ,A.ndover, and its assigns (as limited herein), for the maximum period allowed by law and \.J shall be enforceable by: ,A.) Injunctiye relicf, prohibitiye or mandatory to prevent breach of or to enf-ortJe performance or observance of these standards and requirements. B) Money judgments for damages by reason or the breach of these standards. C) Both 1) and 2) above. 4.03 Failure of Enforeement FaillH"e of thc City of l\ndover to enf-orce any provision of the standards and requirements contained hcrein upon the yiolation thereof shall in no eyent be deemed to be a vlai'.'er of the rights to do as to any subsequent violation. 4.04 Variances The EDA may grant variances from the strict application of the proyision 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 \vould rcsult in peculiar and practical difficulties or exceptional or undue hardship upon the Owner or any Building Site, or where othenvise dcemed appropriate by the ED!.. U Andover Station North Design Standards February 15,2005 - 30- , 4.05 Seyerability In'/alidatioR of any of the provisions of these standards and . ) V requirements, whether by court order or otherwise, shaH in no way affcct any of the other provisions which shall remain in full f-orce and effcct. 4.06 Re\'iew In exercising its approval rights under the terms of these Design Standards, no approval shall be unreasonably vlithheld which is consistent "lith the specific standards set forth herein. 4.07 }~mendmeBt~ .^.mendmcnts, modifications, alterations to this document shall be subject to the fCyie'.Y and approval of the ED:\ at a public hearing. All property mvners 'l.ithin the Property shall be given written notification no less than ten (10) days prior to the public hearing. ;\n instrument executed in accordance with this Section shall be effcctive when filed for recording with the :\noka County Recorder's Office. SECTION S 4 MISCELLANEOUS S 4.01 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, .- ') successors and assigns, shall own such lot, subject to all of the conditions and restrictions of V these Design Standards. S 4.02 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. 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. COUNTYOFANOKA ) C) Andover Station North Design Standards February 15, 2005 - 31 - , On this _ day of , 2005, before me, a Notary Public, personally appeared U 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. Notary Public PROPERTY OWNER By STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) , '\ I On this _ day of , 2005, before me, a Notary Public, personally appeared \J 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 I '\. '0 Andover Station North Design Standards February 15, 2005 - 32- / '\ EXHIBIT A \. ) ~~ LEGAL DESCRIPTION Lots 1,2,3,4,5, Block 1 and Lot 1, Block 2 and Lots 1,2,3, Block 3 Andover Station North, Anoka County, Minnesota. U '0 Andover Station North Design Standards February 15,2005 - 33 - " EXHIBIT B (,) REGULATING PLAN , " \ ) "- C:J Andover Station North Design Standards February 15,2005 - 34- t' ... EXHIBIT C ~) NU\TERlALSPALATTE Construction Materials/visual-color/texture. Walls: Masonry & Brick BRICK: Dark: Adrian - Heartland Series (Glen-Gery Brick) Medium: # 1 Shelby - Heartland Series (Glen-Gery) #2 Belcrest 560A 00-17 (Belden) Lite: Belcrest 330A 99-16 (Belden) , \ Coming Donohue Brick St. P. . I ......_) 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 i ) \.--...0' Andover Station North Design Standards February 15,2005 - 35- 0J , '--~ ) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA Pre,idon' ~d Boom! ~ CC: Jim Dickinson, Executive Director FROM: Will Neumeister, Director of Community Development ~ SUBJECT: Review Jay Street Improvements - Planning/Finance/Engineering DATE: February 15,2005 INTRODUCTION The City Engineer will present a brief overview of the engineering plans that are being prepared for the construction of Jay Street. Following that presentation will be discussion of the land sales projections, (see attached projections). Lastly, the financial recommendations/strategy will be presented at the meeting. Also attached is the latest schedule of events that need to occur to keep this project on track for construction in 2005 and enable some of the land sales/closings to occur this year. , , , '......_#~ DISCUSSION This project is very close to reaching a point where decisions by the EDA and City will need to be made whether to move ahead with the plans to build Jay Street in 2005. As you see on the attached schedule, by April 5, 2005, the City Council will need to make a decision on the award of bid. This item is written and will be presented to familiarize the EDA and Council with the information to help make the decision an easier task on that evening. Be aware that recent discussions with MnPCA staff have confirmed that there will be some special soils handling costs associated with grading of the site that have always been anticipated, ever since the land was purchased. There is a cost to clean up these sites and means there should be contingency funds in the budget so that the EDA can conduct proper environmental clean up and most importantly obtain a "no association" letter from MnPCA in order to sell the properties in this area that was formerly the Anoka Auto Wrecking site. Those costs may not be known until the grading and soils correction work is well underway. This is a result of organic soils in the northeast corner of the site that contain petroleum contaminants from when it was a salvage yard. ACTION REOUESTED The EDA is asked to hear the presentation, review the attached land sales and financial recommendations and become familiar with the overall timing and land development strategy. Respectfully submitted, Attachments: ./ : ) u&- Land Sales Projections Table ''-----'" Will Neumeister Schedule for Construction v' / .' "- Andover Station North Schedule ) ,- (as of February 7, 2005) Events that have already occurred: . Sept. 28, 2004 - Council orders feasibility report. . Nov. 16,2004 -1" Draft of Feasibility Report from SEH. . Nov. 30, 2004 -- Council receives feasibility report, authorizes Public Hearing. . Jan. 4, 2005 -- Council holds Public Hearing, approves resolution ordering improvements, authorizes preparation of plans and specs. . End of December to Early February -- Plans and specs prepared by SEH. . Feb. 7, 2005 - SEH instructed by City Staff to prepare the plans to meet State Aid Standards and submit to them a.s.a.p. Must hold to this schedule as much as possible. Tasks that remain to be completed: . Feb. 8, 2005 - Final Plat authorized to be prepared. . Feb. 14,2005 - Soils Management Plan submitted to MnPCA (AI Sunderman). . Feb. 15,2005 - EDA reviews preliminary construction plans. . Important! Ad for Bids needs to be prepared and put into the Construction Bulletin and Anoka County Union for publication (see dates of publication below). . March 1,2005- Right-of-entry secured from Brad Povlitski. . March 1,2005-- Plans and specs. approved and Council orders ad. for bid. , . March 41b , 111b , 181b - Advertisement for bids appears in the local newspaper and the Construction r , ' Bulletin (three weeks in a row). "-_./ . March 14,2005 - Plans in the Bidders Possession. . March 15,2005 - Final Plat Approval of "Andover Station North" at Council Meeting. . March 21, 2005 - (2:00 p.m.) Pre-bid Conference at City Hall to Explain Details to Bidders . March 30, 2005 -- Bid Opening. . March 31, 2005 - Council Item prepared by Engineering Dept. to award bid. $. April 5, 2005 -- Council awards bid. . Early April 2005 - Contractor moves heavy equipment on site. . Early April 2005 - Preconstruction Meeting is held. . Apri1- May 15,2005 - First sites are cleaned of debris, contamination, graded and ready for footings and building construction to begin. . May 15,2005 - First building permit is issued for Michael Casey's building. . October 31,2005 - Phase 1 of Jay Street is completed, first lift of asphalt is down. Note: Phase II of Jay Street work is contingent upon enough land sales to justifY the Council awarding the bid on April 51b. If not enough land is sold, then construction of the balance of Jay Street will be delayed for an additional ( " year. I ',-..1 Parcels in Andover Station North , ) (Purchase Agreements or "Letters of Intent" Filed) ""_# Site Developer Description Phase I Phase II (2005) (2006-08) Al Bruggeman (2005) Phase I $589,000 Properties Townhome Development A2 Bruggeman (2006-08) Phase II $1,323,000 Properties Townhome (Includes 6% interest) Development B Oppidan Retail Strip Center $938,962 ( 178,850 s.f.) C Oppidan Secondary Site $382,546 (72,866 s.f.) Dl Mike Casey Builders Showcase $256,308 (Phase 1) Light Industrial D2 Mike Casey Builders Showcase $269,123 (Phase II) Light Industrial (5% increase) E Available Light Industrial $0 $0* 197,545 s.f. site \ F Tramm Builders Office Development $479,909 \._/ (Phase I - Fall 2005) G Trarnrn Builders Office Development $503,904 (Phase II - Fall (5% increase) 2006) H Local Developer Commercial $435,600 Development I Available Light Industrial 160,000 s.f. site $0 $0* Total $2,699,779 $2,478,573 Grand Total $5,178,352 *Sites E and I could be sold over the next two years and then the EDA could see an additional potential of $1 ,500,000 in additional land sales income that is not reflected in the table. 1 '_J