8.1 SR 07-06-2020Request for Action
Cty
Elk -
River
To
Item Number
Mayor and City Council =8.1
Agenda Section
Meeting Date
Prepared by
General Business
I July6, 2020
Zack Carlton, Planning Manager
Item Description
Reviewed by
Easement Vacation: Twin Lakes Road & 175th
Cal Portner, City Administrator
Reviewed by
Avenue, Community Housing Development
Corporation
Action Requested
Direct staff, by motion, to prepare a resolution denying the request to
vacate a portion of the right-of-way at the corner of Twin Lakes Road
and 175`'' Ave NW as the right-of-way may be needed for future public
improvements and it would not be in the interest of the public to
vacate.
Background/Discussion
Case No. EV 20-03
The applicant, Community Housing Development Corporation,
proposes to construct a 55-unit apartment building in the FAST —
Hillside Estates zoning district at the corner of Twin Lakes Road and
175`'' Avenue. The property is zoned FAST — Hillside Estates and
supports high density residential uses, including apartment buildings.
The requested vacation would support the existing conceptual site plan
and other future uses of the property. However, the 2018 Twin Lakes
Road corridor study identifies a future roundabout at this intersection,
which would utilize the existing right-of-way. The property across 175"'
Ave is also owned by MnDOT and there is a significant amount of
right-of-way available for the improvement.
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Figure I - -_
Public Hearing
The City Council held a public hearing regarding the requested vacation on June 15, 2020. The applicant spoke
in support of his project and addressed staffs recommendation of denial. He noted that the vacation would
allow his project to better utilize the site and better activate the street by fronting more of the proposed
building along Twin Lakes Road. Without the vacation, the proposed site plan will not be feasible.
The Elk River Vision
A nelcoming community nvith revolutionary and spirited resourcefulness, exceptional p o w E A E u s r
service, and community engagement that encourages and inspires prosperity ,� g /�
The City Council discussed potential intersection improvements for this site and asked staff to return with a
sketch of a roundabout on this site, and asked that the public works director attend the meeting to address any
additional questions regarding future improvements
The sketch of a potential roundabout is attached. The graphic is conceptual and any future roundabout at this
intersection will be unique to this intersection and traffic flow.
Staff continues to recommend denial of the right-of-way vacation to reduce future land acquisition costs for
improvements at the intersection of 175"' Ave and Twin Lakes Road.
Financial Impact
None
Statutory Review Period
Per State Statute �15.99, the required 60-day review period was extended to August 26, 2020.
Attachments
■ City Council packet dated June 15, 2020
■ Staff generated round -a -bout graphic
■ 60-day extension letter
■ Updated Vacation Request received 7-1-2020
N:\Public Bodies\Agenda Packets\07-06-2020\Fina1\8.1 sr CHDC Easement Vacation.docx
Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public hearings
I June 15, 2020
Zack Carlton, Planning Manager
Item Description
Reviewed by
Easement Vacation: Twin Lakes Road & 175th
Cal Portner, City Administrator
Reviewed by
Avenue, Community Housing Development
Corporation
Action Requested
Direct staff, by motion, to prepare a resolution denying the request
to vacate a portion of the right-of-way at the corner of Twin Lakes
Road and 175"' Ave NW as the right-of-way may be needed for
future public improvements and it would not be in the interest of
the public to vacate.
Background/Discussion
Case No. EV 20-03
The applicant, Community Housing Development Corporation,
proposes to construct a 55-unit apartment building in the FAST —
Hillside Estates zoning district at the corner of Twin Lakes Road
and 175"' Avenue. The property is zoned FAST — Hillside Estates
and supports high density residential uses, including apartment
buildings.
The requested vacation would support the existing conceptual site
plan and other future uses of the property. However, the 2018 Twin
Lakes Road corridor study identifies a future roundabout at this
intersection, which would utilize the existing right-of-way. The
property across 175t'' Ave is also owned by MnDOT and there is a
significant amount of right-of-way available for the improvement.
To reduce future land acquisition costs for an intersection improvement at the intersection of 175`' Ave
and Twin Lakes Road, staff does not support the vacation and the request does not appear to be in the
public interest.
Financial Impact
None
The Elk River Vision
A nyelcoming community nyith revolutionary and spirited resourcefulness, exceptional p U W E n E ti s r
service, and community engagement that encourages and inspires prosperity;, g /� JfUR
Attachments
■ Location Map
■ Applicants Narrative
■ Letter to Council dated May 25, 2020
■ Vacation Exhibit received May 14, 2020
■ Conceptual site plan and renderings
N:\Public Bodies\tAgenda Packets\06-15-2020\Foul\7.2 sr CHDC Easement Vacation.docx
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Community Housing Development Partnership
Easement Vacation Case No: EV 20-03
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Description of Project Narrative
Detailed description/scope of project.
As guided in the FAST plan, Community Housing Development Corporation (CHDC) proposes to
develop two three-story new construction affordable apartment buildings on the Southeast corner of
Twin Lakes Road NW and 175th Ave NW in Elk River in two phases. The apartment buildings will
consist of approximately 55 units each with a mix of one, two and three bedroom units and surface
and underground parking spaces. Common amenities will likely include storage, roof decks, fitness /
physical therapy room, library, community room, patio area, ball court, playground and community
garden.
Hillside Heights Apartments is an alternative development concept anticipated to serve subsidized
households, families and senior active adults. CHDC has had success developing multi -generational
housing and has seen positive outcomes including reduced loneliness and increased security and
youth enrichment.
What is the purpose of the Easement Vacation? What is being proposed?
As shown in the attached site plan, CHDC will build a corner of the building in the vacated area,
opening up site space and circulation for a second building, site amenities and parking. It is the key
that unlocks the site.
The vacation makes it possible for the development to accomplish all the planning and zoning
objectives for the 1751h Avenue and Twin Lakes Road site in FAST Hillside Heights subarea
including:
• Density at 26 units/acre. (page 38)
• Attractive, activated corner, streetscape and pedestrian connection along Twin Lakes
Parkway. (pages 55-57)
How is the request consistent with City of Elk River Comprehensive Plan?
The vacation is necessary to develop the site that is consistent with the comprehensive plan in the
following ways:
Provide more housing type choices for the growing number of families in Elk River. "As the
percentage of `family households' increased more substantially between 2000 and 2010 than
the County and the State." (page 70)
Diversify the housing types. "As of 2010, 80% perfect of the housing units in Elk River were
owner occupied." and "...it is important for communities to have a mixture of both owner -
occupied and renter -occupied units." (page 71)
Create 55 units of housing for individuals and families at 50% of the area median income.
"In 2010, 40.7% of renters paid over 30% of their household income in rent..." meaning that
they are rent burdened. (page 73)
Help meet the demand of "the strong need to provide affordable housing for people of all
ages." (page 78)
Provide stable, affordable senior housing for "the notable increase in apartment rental needs
in Elk River by members of the baby boom generation." (page 78)
Provide 55 units of affordable housing within a half mile of the Northstar Commuter Rail
Station. "Affordable housing is important to a strong economy and a healthy community."
(page 79)
What has changed to warrant the Easement Vacation?
CHDC entered into a purchase agreement for the site in February 2020 with the goal of
redeveloping the land as guided in the FAST Plan.
It needs site control of the corner in order to apply for the capital funding it needs from the state in
July, 2020.
CHDC is a developer and owner of affordable multifamily housing. Its mission is to sustain high -
quality and affordable homes, to enhance the community over the long term, and to create and
maintain healthy living. CHDC owns approximately 44 properties, comprised of more than 3,600
housing units. It takes a unique, businesslike approach to affordable housing by keeping overhead
costs small and structuring its properties and operations to be financially self-sustaining over the
long term. Founded in 1991, CHDC has provided stability to Minnesota residents and communities
for more than 25 years as a developer and owner.
How compatible is it with surrounding properties?
The proposed apartment building is compatible with the office building to its northwest and with
the multifamily developments to its south surrounding the Elk River Northstar Commuter Rail
Station.
The development's other neighbors are single family homes and open spaces. However, in addition
to the compatibilities described in the second section above, the proposed site plan is compatible
with the guidance in the Hillside Heights subarea in the FAST Plan including:
• Stacked three story residential. (page 38)
• A variety of housing options. (page 55)
• Innovative stormwater practices (considering permeable paving, rain gardens, underground
tanks) and energy generation (considering geothermal, solar ready). (page 59)
• Open space connections and views. (pages 41, 46, 55)
• Landscape buffers. (pages 41, 46)
• Paths and crosswalk to the commuter rail station. (page 40)
The DNR must by notified and provide comment if adjacent to water.
Not applicable
What are the benefits to the City?
• Significantly increases the city's tax base —from $4,480 currently to an estimated $40,108.
• Increases the number and diversity of jobs that offer stable employment and/or attractive
wages and benefits.
o The building will employ at least two on -site property management staff with salaries
estimated to be around $50,000 each.
o The project will create 150 temporary construction jobs at an estimated $51.00 per
hour.
• Rehabilitates a high profile, priority site as identified in the FAST Plan.
• Furthers the housing needs identified in the city's 2018 housing study.
CHDC intends to own the development indefinitely. It will be a good neighbor and ensure
the development remains a community asset for decades to come.
614 North First Street •.State OO • Kftneapolliis, Kftnesota 554OIl
DATE: June 11, 2020
TO: Elk River City Council
FROM: Community Housing Development Corporation ("CHDC")
RE: Additional Considerations for Traffic Control and Right -of -Way Vacation at Twin Lakes Road and 1751n
SITUATION
CHDC understands the public works department does not support the proposed right-of-way (RoW) vacation and
conveyance request because the area may be needed for a roundabout at the intersection. Effective traffic control
remains important, and CHDC offers the following with the goal of finding a collective solution.
BACKGROUND INFORMATION
To fit into the local context, respond to neighbors' concerns and accomplish the site's land use goals in the
Focused Area Study Plan, the building needs to extend into the corner. It is a key that unlocks value for residents
and the city including:
o Minimizing the building height to three stories.
o Activating the streetscape along Twin Lakes Road and making it attractive.
o Achieving 26 units per acre density
o Offering site amenities and utilizing innovative stormwater practices while providing adequate off-street
parking.
It is difficult to know how much RoW would be needed for a roundabout because it has not been designed and
would be tailored to the Twin Lakes Road and 175t" Avenue intersection. The public works director sent a
conceptual layout of a roundabout from a different location, and CHDC's surveyor sited it in the middle of the
1751" & Twin Lakes Road intersection, which is attached for reference.
ISSUES TO CONSIDER
• Alternative traffic control measures such as stop signs or a stoplight and side street stop signs may be nearly as
effective and could be a collective solution. They would also cost less than a roundabout.
• Because the new building only extends into part of the corner, it is possible the city would not need that RoW for
a roundabout as shown on the attached. It remains impossible to know for sure without an approved
roundabout design.
The city could site a roundabout further to the north from the center of the intersection, reducing the need for
RoW in the requested southeastern corner. According to CHDC's surveyor and title company, the city owns the
entire parcel to the north of the corner vacation request, up to the orange dashed line in the attached, which is
approximately 150 feet to the north of the proposed RoW vacation line.
RIGHT—OF—WAY VACATION EXHIBIT
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-„' ITI 1 "'�-�T „1 ' A `'T�-`' 975TH AVENUE NORTHWEST
CENTERLINE F 775TH LINE OF EXISTING
,--NORTH
AVENUE- N.W,AND OF TYLER RIGHT—OF—WAY PER DOC.
STREET N. W. PER DOC. NO. 'S ,l N0. 'S 597343 & 699754 ,
597343 & 6 9754-----_
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—SOU TH l,ll\(E OF EXISTING
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RIGHT -Of -WAY PER DOC.
' • NO, 'S 597343 & 699754
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SUMMARY
I hereby certify that this survey, plan, or VACATION AREA
report was prepared by me or
under my 16,338 sq. ft. / 0.3751 acres
supervision and that I am a
duly Licensed
Land Surveyor under the laws of the State
of Minnesota.
LEGEND
Date: April 28, 2020
® DENOTES AREA TO BE VACATED FROM 0 100
QUIT CLAIM DEED DOC. NO. 699754
DENOTES AREA TO BE VACATED FROM
Christopher A. Terwedo
® WARRANTY DEED DOC. NO. 597343 SCALE IN FEET
Minnesota License No. 53536
RIGHT-OF-WAY VACATION EXHIBIT FOR:
1229 Tyler Street NE, Suite 100
Community Housing
- MNLMinneapolis, Minnesota 55413
Development Corporation
�� PHONE: (612) 466-3300
FAX: (612) 466-3383
SITE LOCATION: 17451 Twin Lakes Road NW
Egan, Field £r Nowak(, Inc. WWWE-FNSURVEY.COM
Elk River, MN
55330
COPYRIGHT® 2020 By EGAN, FIELD & NOWAK, INC.
Land surveyors since 1872
FILE NO. 5028 DRAWING NAME: 39002 RW Vacation — Aerial.dwg SHEET 2 OF 2
RIGHT—OF—WAY VACATION EXHIBIT
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CENTERLINE OF 775TH LINE OF EXISTING
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AVENUE_ N. W AND OF TYLER / RIGHT—OF—WAY PER DOC.
STREET N. W. PER DOC. NO. 'S ,l N0. 'S 5934 73 & 699754 ,
597343 & 699754-----_
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SUMMARY
I hereby certify that this survey, plan, or VACATION AREA
report was prepared by me or under my 16,338 sq. ft. / 0.3751 acres
supervision and that I am a duly Licensed
Land Surveyor under the laws
of the State
of Minnesota.
LEGEND
Date: April 28, 2020
® DENOTES AREA TO BE VACATED FROM 0 100
QUIT CLAIM DEED DOC. NO. 699754
DENOTES AREA TO BE VACATED FROM
Christopher A. Terwedo
® WARRANTY DEED DOC. NO. 597343 SCALE IN FEET
Minnesota License No. 53536
RIGHT-OF-WAY VACATION EXHIBIT FOR:
1229 Tyler Street NE, Suite 100
Community Housing
- MNLMinneapolis, Minnesota 55413
Development Corporation
�� PHONE: (612) 466-3300
FAX: (612) 466-3383
SITE LOCATION: 17451 Twin Lakes Road NW
Egan, Field £r Nowak(, Inc. WWWE-FNSURVEY.COM
Elk River, MN 55330
COPYRIGHT® 2020 By EGAN, FIELD & NOWAK, INC.
Land surveyors since 1872
FILE NO. 5028 DRAWING NAME: 39002 RW Vacation — Aerial.dwg SHEET 2 OF 2
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June 17, 2020
Community Housing Development Corporation
ATM: Dan Walsh
614 N. 1" St. #100
Minneapolis, MN 55401
Dear Mr. Walsh,
via email: dwalsh@chdcmn.org
On April 28, 2020, the City received your completed Easement Vacation application for a right-of-
way vacation at 17451 Twin Lakes Road NW (EV 20-03). As you know, State Statute requires a
decision by the City within 60 days of this application. The Statute also allows the City to extend the
timeline an additional 60 days if necessary.
Due to delays in the review timeline related to COVID-19 and the Council's continuation of their
review on June 15, 2020, to further evaluate your proposal, the City is extending the 60 day timeline
to August 26, 2020. Staff expects the City Council to review the request on July 6, 2020, with a
possible meeting on July 20, 2020, to adopt a resolution for the project.
Please feel free to contact me if you have any questions.
Sincerely,
Zack Carlton, Planning Manager
Ph: 763.635.1035
z carlton&ElkRiverMN.gov
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1000
URE)
www.ElkRiverMN.gov
RIGHT-OF-WAY VACATION EXHIBIT
A vacation over, under, and across that part of the Right -of -Way as described in Document Number 699754, being
described as follows:
That part of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32,
Range 26, Sherburne County, Minnesota, that lies North of the following described line:
Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence North along
the West line thereof for 755.00 feet to the actual point of beginning of the line to be hereby described; thence
East at right angles for 474.61 feet and there terminating.
And that lies Easterly and Southerly of the following described centerline:
Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence South 89
degrees, 37 minutes, 23 seconds West, assumed bearing, along the South line of the Southwest Quarter of said
Section 2 for 293.37 feet; thence North 0 degrees, 22 minutes, 37 seconds West for 33.00 feet to a point to
be hereafter known as Point "A" for the purposes of this description; thence South 89 degrees, 37 minutes, 23
seconds West parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect
the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company at the actual point of
beginning of the centerline to be hereby described; thence return North 89 degrees, 37 minutes, 23 seconds
East to said Point "A"; thence Northeasterly and Northerly along a tangential curve to the left, radius 299.87
feet, for a central angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence North 0
degrees, 55 minutes, 04 seconds East tangent to said curve for 554.93 feet; thence Northeasterly and Easterly
along a tangential curve to the right, radius 317.09 feet, for a central angle of 86 degrees, 49 minutes, 40
seconds, and a length of 480.53 feet; thence North 87 degrees, 44 minutes, 44 seconds East tangent to said
curve for 2301.27 feet, more or less, to intersect with and terminate at the East line of said Southeast Quarter
of Section 2 at a point thereon a distance of 17.31 feet south of the Northeast corner of the South Half of
said Southeast Quarter.
ALONG WITH:
A vacation over, under, and across that part of the following described property as described in Document Number
597343:
That part of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter of Section 2, which lies
Westerly and Northwesterly of the following described line:
Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence South 89
degrees, 37 minutes, 23 seconds West, assumed bearing, along the South line of the Southwest Quarter of said
Section 2 for 293.37 feet; thence North 0 degrees, 22 minutes, 37 seconds West for 33.00 feet to a point to
be hereafter known as Point "A" for the purposes of this description; thence South 89 degrees, 37 minutes, 23
seconds West parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect
the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company at the actual point of
beginning of the centerline to be hereby described; thence return North 89 degrees, 37 minutes, 23 seconds
East to said Point "A"; thence Northeasterly and Northerly along a tangential curve to the left, radius 299.87
feet, for a central angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence North 0
degrees, 55 minutes, 04 seconds East tangent to said curve for 554.93 feet; thence Northeasterly and Easterly
along a tangential curve to the right, radius 317.09 feet, for a central angle of 86 degrees, 49 minutes, 40
seconds, and a length of 480.53 feet; thence North 87 degrees, 44 minutes, 44 seconds East tangent to said
curve for 2301.27 feet, more or less, to intersect with and terminate at the East line of said Southeast Quarter
of Section 2 at a point thereon a distance of 17.31 feet south of the Northeast corner of the South Half of
said Southeast Quarter.
Said Right -of -Way to be vacated is more specifically described as follows:
Commencing at the southwest corner of the Southwest Quarter of the Southeast Quarter of Section 2, Township
32, Range 26, Sherburne County, Minnesota; thence North 01 degree 17 minutes 13 seconds East, assumed bearing,
along the west line of the Southwest Quarter of said Southeast Quarter, a distance of 755.00 feet; thence South
88 degrees 42 minutes 47 seconds East, a distance of 31.95 feet to the east right-of-way line; thence North 1
degree 16 minutes 46 seconds East, a distance of 126.09 feet to the point of beginning of the right-of-way to be
vacated; thence 187.24 feet northerly along a tangential curve concave to the west having a radius of 2848.71 and
a central angle of 03 degrees 45 minutes 58 seconds; thence North 45 degrees 26 minutes 02 seconds East, not
tangent to last said curve, a distance of 119.81 feet; thence North 88 degrees 06 minutes 26 seconds East, a
distance of 191.36 fee; thence 430.52 feet southwesterly along a non -tangential curve concave to the southeast
having a radius of 284.09 feet, a central angle of 86 degrees 49 minutes 40 seconds, and a chord which bears
South 44 degrees 41 minutes 36 seconds West to the point of beginning.
RIGHT-OF-WAY VACATION EXHIBIT FOR:
Community Housing
Development Corporation
SITE LOCATION: 17451 Twin Lakes Road NW
Elk River, MN 55330
iEgan, Field £r Nowak, Inc.
Land surveyors since 1872
1229 Tyler Street Nit, Suite 100
Minneapolis, Minnesota 55413
PHONE: (612) 466-3300
-FAX: (612) 466-3383
WWW.EfNSURVEY.COM
COPYRIGHT ® 2020 By EGAN, FIELD & NOWAK, INC.
FILE NO. 5028 DRAWING NAME: 39002 RW Vacation.dwg SHEET 1 OF 2
AREA OF
RIGHT-OF-WAY
TO BE VACATED
RIGHT-OF-WAY VACATION EXHIBIT
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I hereby certify that this survey, plan, or
report was prepared by me or under my
supervision and that I am a duly Licensed
Land Surveyor under the laws of the State
of Minnesota.
Date: July 1, 2020
4 . ��
Christop er A. Terwedo
SUMMARY
VACATION AREA
12,613 sq. ft. / 0.2895 acres
LEGEND
®DENOTES AREA TO BE VACATED FROM
QUIT CLAIM DEED DOC. NO. 699754
®DENOTES AREA TO BE VACATED FROM
WARRANTY DEED DOC. NO. 597343
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IN
0 100
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SCALE IN FEET
RIGHT-OF-WAY VACATION EXHIBIT FOR:
1229 Tyler Street NE, Suite 100
Community Housing - MNLMinneapolis, Minnesota 55413
Development Corporation �� PHONE: (612) 466-3300
FAX: (612) 466-3383
SITE LOCATION: 17451 Twin Lakes Road NW Egan, Field £r Nowak Inc. WWW.EFNSURVEY.COM
Elk River, MN 55330 COPYRIGHT® 2020 By EGAN, FIELD & NOWAK, INC.
Land surveyors since 1872
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Elks.
Easement Vacation Case No: Ell 20-03 ver
Background
■ Request to vacate R/W at SE corner of Twin Lakes Road and
175,h Ave.
■ Remnant R/W from previous alignment
■ Facilitate development of adjacent parcel
■ Improve layout and site design
■ 2018 TLR Corridor study identifies possible round -a -bout
■ Additional R/W may be needed
■ Don't vacate at this time
June 20,2020 Meeting
■ Council directed staff to prepare a sketch of a round -a -bout at
this intersection
■ Asked the applicant to evaluate partial vacation
■ Proposal in packet
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Hillside Heights Apartments
ELK RIVER, MN. 11 05.19.2020 / 20-0009
Standard for Review
■ The vacation of public rights -of -way must be in the "public
interest" as determined by the City Council.
■ As there are planned improvements at this intersection requiring
expansion of the existing footprint, staff does not believe
complete vacation of the existing R/W is in the public interest.
Action Requested
■ Direct, by motion, the preparation of a findings of fact denying
the requested easement vacation.
■ Or
■ Approve, by motion, a resolution vacating a portion of the
existing R/W - as highlighted in red.
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RIGHT-OF-WAY VACATION EXHIBIT
v Trl 'v L— .? r w w„ R E R 9 75TH AVENUE NORTHWEST
CENTERLINE F 175TH ,--NORTH LINE OF EXISTING
AVENUE. N.W. AND OF TYLER ° RIGHT-OF-WAY PER DOC.
STREET N. W. PER DOC NO.'S 1r N0. 5 597343_ & 699754
597343 &` 6 9754----
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-SOUTH .,
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OF EXIS77NG
'�_.`' 4 RIGHT -WAY PER DOC.
• N04'S 597343 & 699754
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POINT OF n' ' ^ -,T�h to er
BEGINNING OF .,� ur, h N o
RIGHT -OF- WAY t
VACATION AREA
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o --EAST LINE OF EXIST MG
�a �f RIGH T-OF- WA Y PER DOC.
NOV"s 597343 & 699754
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CdRNER OF S. W. 114 ''