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HomeMy WebLinkAbout2020-11-16-H01 North Waukee Residential URP_ResolutionAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 16, 2020 AGENDA ITEM:Consideration of approval of a resolution determining an area of the City to be an economic development area, and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for urban renewal projects; and adopting the North Waukee Residential Urban Renewal Plan FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: H1 RESOLUTION NO. ______ RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING THE NORTH WAUKEE RESIDENTIAL URBAN RENEWAL PLAN WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and WHEREAS, a proposed North Waukee Residential Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the North Waukee Residential Urban Renewal Area ("Area" or "Urban Renewal Area") described below has been prepared, which proposed Plan is on file in the office of the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Area includes and consists of: NW ¼ of the NW ¼ of Section 27, Township 79N, Range 26W, City of Waukee, Dallas County, Iowa except Alyvia Plat 1, Corrected Fox Creek Estates Plat 6 and Parcel 17-179 as recorded in a Plat of Survey in Book 2017 at Page 8443 now known as Fox Creek Estates Plat 9, City of Waukee, Dallas County, Iowa and including the adjoining east half of right of way of Warrior Lane (Parcel #1227100018); and, SW ¼ of the NW ¼ of Section 27, Township 79N, Range 26W, City of Waukee, Dallas county, Iowa except Fox Creek Estates Plats 1, 4, 5 and Corrected Fox Creek Estates Plat 6 and including the adjoining east half of right of way of Warrior Lane (Parcel #1227100016); and, E ½ of the NE ¼ of Section 28, Township 79N, Range 26W, City of Waukee, Dallas County, Iowa except Parcel AA as shown in a Plat of Survey recorded in Book 2013 at Page 721, City of Waukee, Dallas County Iowa and including the adjoining west half of right of way of Warrior Lane (Parcel #1228200006, 1228200005); and, NE ¼ of the SE ¼ of Section 28, Township 79N, Range 26W, except that property platted as Indi Run Plats 1-3 and except Parcels 18-144 and 18-147 in the Plat of Survey recorded in Book 2018, Page 23747 now known as the The Commons at Greenway Plat 1, City of Waukee, Dallas County, Iowa (Parcel #1228400028); and, Lot 1 and Lot A of The Commons at Greenway Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1228480003, 1228480006); and, Lots A and B of Waukee Greenway Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 1228477002); and, Lots B and C of Enterprise Business Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227352001); and, Lot A of Enterprise Business Park Plat 2, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227355004); and, Lots A and B of Enterprise Business Park Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227378005); and, Lot A of Fridley Palms Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227379003); and, A PARCEL OF LAND IN THE EAST 50.00 FEET OF OUTLOT ‘B', THE POINT PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2003, PAGE 15821 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA. THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF SAID OUTLOT 'B', SAID SE CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF HICKMAN ROAD (US HIGHWAY #6) AS IT IS PRESENTLY ESTABLISHED; THENCE S89⁰36’52”W, 50.00 FEET ALONG THE SOUTH LINE OF SAID OUTLOT 'B' AND SAID NORTH RIGHT-OF-WAY LINE TO A POINT; THENCE N00°10’35"E, 257.95 FEET ALONG A LINE THAT IS 50.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID OUTLOT 'B' TO A POINT; THENCE N05°00’51"E, 118.57 FEET TO A POINT THAT IS 40.00 FEET WEST OF THE EAST LINE OF SAID OUTLOT 'B'; THENCE N00°10’35"E, 429.39 FEET ALONG A LINE THAT IS 40.00 FEET WEST OF AND PARALLEL TO THE EAST OF SAID OUTLOT 'B' TO POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 320.00 FEET AND A CHORD BEARING N11°29’10"E, AN ARC LENGTH OF 126.33 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 265.00 FEET AND A CHORD BEARING N17°03’36"E, AN ARC LENGTH OF 53.06 FEET TO A POINT ON THE EAST LINE OF SAID OUTLOT 'B'; THENCE S00°10'35"W, 978.76 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B' TO THE POINT OF BEGINNING AND CONTAINING 0.91 ACRES (39,650 SQUARE FEET) as recorded in Acquisition Plat at 2013 Page 18714, City of Waukee, Dallas County, Iowa; and, Lot A of Prairie Crossing Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227410006); and, Outlot Z of Prairie Crossing Plat 7, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227451001); and, Lot 1 through Lot 6 of Bricktowne at Prairie Crossing Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227452001-1227452006); Lots 2 through 5 of Bricktowne at Prairie Crossing Plat 1 have been reclassified as Bricktowne Prairie Crossing Condominiums and shall include the following buildings and units: Bricktowne Prairie Crossing Condominiums Building 2, Units 101-120, 201-220 and 301-320 (Parcel #1227453001-1227453060); Bricktowne Prairie Crossing Condominiums Building 3, Units 101-120, 201-220 and 301-320 (Parcel #1227453061 – 1227453120); Bricktowne Prairie Crossing Condominiums Building 5, Units 101-120, 201-220 and 301-320 (Parcel 1227453121 – 1227453180); Bricktowne Prairie Crossing Condominiums Clubhouse (Parcel 1227453181); Bricktowne Prairie Crossing Condominiums Garages (Parcel 1227453182). WHEREAS, the proposed Urban Renewal Area includes land classified as agricultural land and consequently written permission of the current owners has been obtained; and WHEREAS, it is desirable that the Urban Renewal Area be redeveloped as described in the proposed Urban Renewal Plan to be known hereafter as the "North Waukee Residential Urban Renewal Plan"; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof; and WHEREAS, creation of the Urban Renewal Area and adoption of the Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report and recommendation filed herewith, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and WHEREAS, by resolution adopted on October 19, 2020, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Urban Renewal Plan and the division of revenue described therein, and that notice of the consultation and a copy of the proposed Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Development Services Director filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by resolution this Council also set a public hearing on the adoption of the proposed Urban Renewal Plan for this meeting of the Council, and due and proper notice of the public hearing was given, as provided by law, by timely publication in the Dallas County News, which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with the notice, all persons or organizations desiring to be heard on the proposed Urban Renewal Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1.That the findings and conclusions set forth or contained in the proposed "North Waukee Residential Urban Renewal Plan" for the area of the City of Waukee, State of Iowa, legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "North Waukee Residential Urban Renewal Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2.This Council further finds: a)Although relocation is not expected, a feasible method exists for the relocation of any families who will be displaced from the Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b)The Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and c)Acquisition by the City is not immediately expected, however, as to any areas of open land to be acquired by the City included within the Urban Renewal Area: i.Residential use is expected and with reference to those portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: a.That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. b.That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare. c.That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. d.The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. ii.Non-residential use is not expected, however, with reference to any portions thereof which are to be developed for non-residential uses, such non- residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3.That the Urban Renewal Area is an economic development area within the meaning of Chapter 403, Code of Iowa; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403, Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4.That the Urban Renewal Plan, attached hereto as Exhibit 1 and incorporated herein by reference, be and the same is hereby approved and adopted as the "North Waukee Residential Urban Renewal Plan for the North Waukee Residential Urban Renewal Area"; the Urban Renewal Plan for such area is hereby in all respects approved; the Mayor and City Clerk are authorized to approve the executed Agricultural Land Agreements; and the City Clerk is hereby directed to file a certified copy of the Urban Renewal Plan with the proceedings of this meeting. Section 5.That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the original Urban Renewal Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Said Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Dallas County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 16th day of November, 2020. Mayor ATTEST: City Clerk Label the Plan as Exhibit 1 (with all exhibits) and attach it to this Resolution. FINAL 093020 NORTH WAUKEE RESIDENTIAL URBAN RENEWAL PLAN for the NORTH WAUKEE RESIDENTIAL URBAN RENEWAL AREA WAUKEE, IOWA 2020 FINAL 093020 TABLE OF CONTENTS SECTION PAGE A. INTRODUCTION 1 B. DESCRIPTION OF THE URBAN RENEWAL AREA 1 C. AREA DESIGNATION 1 D. BASE VALUE 1 E. DEVELOPMENT PLAN 2 F. RESIDENTIAL DEVELOPMENT 2 G. AREA OBJECTIVES 4 H. TYPES OF RENEWAL ACTIVITIES 4 I. ELIGIBLE URBAN RENEWAL PROJECTS 5 J. FINANCIAL INFORMATION 6 K. URBAN RENEWAL FINANCING 7 L. PROPERTY ACQUISITION/DISPOSITION 8 M. AGREEMENT TO INCLUDE AGRICULTURAL LAND 8 N. RELOCATION 8 O. STATE AND LOCAL REQUIREMENTS 8 P. SEVERABILITY 8 Q. URBAN RENEWAL PLAN AMENDMENTS 9 R. EFFECTIVE PERIOD 9 EXHIBITS A.LEGAL DESCRIPTION OF AREA B. URBAN RENEWAL AREA MAP FINAL 093020 C. AGREEMENT TO INCLUDE AGRICULTURAL LAND FINAL 093020 1 North Waukee Residential Urban Renewal Plan for the North Waukee Residential Urban Renewal Area City of Waukee, Iowa A. INTRODUCTION The North Waukee Residential Urban Renewal Plan ("Plan" or "Urban Renewal Plan") is being created to help local officials respond to and promote economic development in the City of Waukee (the "City"). The primary goal of the Plan is to stimulate, through public involvement and commitment, private investment in new housing and residential development as defined in Iowa Code Section 403.17(12). The City has determined that there is a shortage of affordable and appropriate housing and that providing such housing is important for any or all of the following objectives: retaining existing industrial or commercial enterprises; attracting and encouraging the location of new industrial or commercial enterprises; meeting the needs of special elements of the population, such as the elderly or persons with disabilities; and providing housing for various income levels of the population which may not be adequately served. In order to achieve these objectives, the City intends to undertake Urban Renewal activities pursuant to the powers granted to it under Chapter 403 and Chapter 15A of the Code of Iowa, as amended. B. DESCRIPTION OF THE URBAN RENEWAL AREA The North Waukee Residential Urban Renewal Area ("Area" or "Urban Renewal Area") is described in Exhibit "A" and illustrated in Exhibit "B." Note: The property was previously included in the Waukee Consolidated Urban Renewal Area but was never developed as an urban renewal housing project and was not subject to the division of revenue within the Waukee Consolidated Urban Renewal Area. The property was removed in 2020. The City reserves the right to modify the boundaries of the Area at some future date. C. AREA DESIGNATION With the adoption of this Plan, the City of Waukee will designate this Urban Renewal Area as an economic development area that is appropriate for the provision of public improvements related to housing and residential development and potentially low and moderate housing. D. BASE VALUE Once the North Waukee Residential Urban Renewal Area is legally established, and a TIF ordinance is adopted, and debt is certified to the County, the taxable valuation within the area covered by the TIF ordinance as of January 1 of the year before debt is first certified, will be considered the frozen "base valuation." It may be that more than one TIF ordinance will be adopted on property within the Area; for example, TIF ordinances may be adopted FINAL 093020 2 as a lot or lots are developed. If so, the frozen base values may vary by TIF ordinance areas. E. DEVELOPMENT PLAN Waukee has a general plan for the development of the City as a whole outlined in the Waukee Comprehensive Land Use Plan, adopted in 2019. The goals and objectives and urban renewal projects identified in this Plan are in in conformity with the 2019 Comprehensive Plan and the land use policy and priorities that were adopted as part of the planning process. Specific housing objectives identified in the Comprehensive Plan include, but are not limited to, maintaining a balanced housing supply with housing available for people at all income levels and unit types that meet the varying life-cycle needs of Waukee residents; establishing a housing pattern that respects the natural environment while striving to meet local housing needs and the community’s share of metropolitan area housing growth; and establishing a community of well-maintained housing and neighborhoods including ownership and rental housing. This Urban Renewal Plan does not change or in any way replace the City's current land use planning or zoning regulation process. Currently, the Area contains land, which is zoned R-3 Rental Multi-Family Residential District, R-4 Row House and Townhome Dwelling District and C-1 Community and Highway Service Commercial District. The need for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban Renewal Area is set forth in this Plan. As the Area develops, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. F. RESIDENTIAL DEVELOPMENT One of the City's objectives for the North Waukee Residential Urban Renewal Area is to promote new multi-family residential development. The City realizes that the availability of housing is an important component of attracting new business and industry, responding to new development, and retaining existing businesses. In anticipation of employment trends and demographic projections, the City has taken the position of providing support to increase the availability of certain market rate rental housing opportunities in the community. After review, the City has concluded that the City's central location, strong demographics, and the potential for major employers to continue with steady job opportunities has resulted in verified demand for more market rate rental housing in Waukee. In summary, the plans presented for the North Waukee residential development areas will include a total of 709 new multi-family residential units and townhome units with a number of amenities including attached garages, recreational facilities for the development’s residents, further expansion of the City’s parks system and integrated pedestrian recreational trails. New growth anticipated within the North Waukee Residential area as FINAL 093020 3 well as other surrounding areas and completion and opening of Northwest High School will create the need and demand to make further investment in the City’s infrastructure. One of the priorities identified within the Comprehensive Plan is to mitigate traffic congestion and improve traffic flow and safety in all areas of the community. With the addition of these new housing developments and the location of existing and proposed school facilities that will serve these new neighborhoods, it is important that the City continues to build out and improve its transportation network for the safety and well-being of existing and new residents. Increment generated from the North Waukee Residential Urban Renewal Area will go towards paying for a portion of the extension of Douglas Parkway between NW 4th Street and NE Badger Lane,a major east-west arterial corridor, which will provide direct access from these new residential developments to both Northwest High School and Grant Ragan Elementary School. When a City utilizes tax increment financing to support residential development, a percentage of the incremental revenues (or other revenues) generated by the project (not to exceed the project costs which are limited to reimbursement of "public improvement" costs as defined by Iowa law) must be used to provide housing assistance to low or moderate income ("LMI") individuals or families. LMI individuals or families are generally those whose incomes do not exceed 80% of the median Dallas County income. Unless a reduction is approved by the Iowa Economic Development Authority, the percentage of incremental revenues used to provide LMI assistance must be at least equal to the percentage of LMI families living in Dallas County. That percentage is currently 26.22%. ("LMI Set-Aside Fund") The requirement to provide assistance for LMI housing may be met by one, or a combination, of the following three options: Providing that at least 26.32% of the units constructed in the Area are occupied by residents and/or families whose incomes are at or below 80% of the median county income; Setting aside 26.22% of the project costs for LMI housing activities anywhere in the City; or Ensuring that 26.22% of the houses constructed within the Area are priced at amounts affordable to LMI families. If funds are set aside, as opposed to constructing a sufficient percentage of LMI housing in the Area, the assistance for low and moderate income family housing may be provided anywhere within the City. The type of assistance provided must benefit LMI residents and/or families and may include, but is not limited to: 1.Construction of LMI affordable housing. 2.Owner/renter-occupied housing rehabilitation for LMI residents and/or families. 3.Grants, credits or other direct assistance for LMI residents and/or families. 4.Homeownership assistance for LMI residents and/or families. FINAL 093020 4 5.Tenant-based rental assistance for LMI residents and/or families. 6.Down payment assistance for LMI residents and/or families. 7.Mortgage interest buy-down assistance for LMI residents and/or families. 8.Under appropriate circumstances, the construction of public improvements that benefit LMI residents and/or families. G. AREA OBJECTIVES Renewal activities are designed to provide opportunities, incentives, and sites for new residential development within the Area. More specific objectives for development within the North Waukee Residential Urban Renewal Area are as follows: 1.To increase the availability of housing opportunities, which may, in turn, attract and retain local industries and commercial enterprises that will strengthen and revitalize the economy of the State of Iowa and the City of Waukee. 2.To stimulate, through public action and commitment, private investment in new housing and residential development. 3.To plan for and provide sufficient land for residential development in a manner that is efficient from the standpoint of providing municipal services. 4.To help finance the cost of constructing public utility and infrastructure extensions and improvements in support of new housing and residential development. 5.To provide a more marketable and attractive investment climate. 6.To improve the housing conditions and housing opportunities, including LMI income families and/or individuals. 7.To encourage residential growth and expansion through governmental policies which make it economically feasible to do business. 8.To promote development utilizing any other objectives allowed by Chapter 403 of the Code of Iowa. H. TYPES OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code of Iowa including, but not limited to, tax increment financing. Activities may include: 1.To undertake and carry out urban renewal projects through the execution of contracts and other instruments. FINAL 093020 5 2.To arrange for or cause to be provided the construction or upgrade of public infrastructure improvements, including streets and sidewalks, traffic lights, pedestrian safety measures, water, sanitary sewer, and storm sewer systems, public utilities or other facilities or physical improvements in connection with urban renewal projects. 3.To finance programs that will directly benefit housing conditions and promote the availability of housing in the community. 4.To borrow money and to provide security therefor. 5.To make or have made surveys and plans necessary for the implementation of the urban renewal program or specific urban renewal projects. 6.To use tax increment financing for a number of objectives, including, but not limited to, achieving a more marketable and competitive land offering price and providing for necessary physical improvements and infrastructure. 7.To use tax increment for LMI housing assistance. 8.To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Waukee and the State of Iowa. I. ELIGIBLE URBAN RENEWAL PROJECTS 1. Public Improvements in Residential Development: Public Improvement Project(s) Date Estimated Cost Rationale Douglas Parkway Extension from NE Badger Lane to N Warrior Lane including construction of two travel lanes, turning lanes, utilities (water, sewer, storm, gas), traffic signalization, trails, sidewalks, landscaping, etc. including associated engineering, land acquisition and other related costs. 2020-2023 $2,000,000 to $4,000,000 Expansion and access to arterial corridor which currently outlets into a single family residential neighborhood that creates a safety problem and which is not designed for large volumes of traffic. Improvement also provides direct access to new High School FINAL 093020 6 Douglas Parkway Culvert/Bridge Construction to allow for extension of Douglas Parkway from N Warrior Lane to NW 4th Street. 2020-2023 $2,500,000 to $5,000,000 Improvements are necessary to extend Douglas Parkway (major arterial) over existing drainage way and pond in order to provide better access to Northwest High School and relieve traffic problems created in neighboring residential areas due to lack of east-west arterial connections. TOTAL $4,500,000 to $9,000,000 Unless LMI housing is constructed in the Northern Waukee Residential Urban Renewal Area, the City will set aside a minimum of 26.22% of the incremental taxes generated by the multi-residential housing units (up to a maximum of the costs of public improvements) and use those funds to support LMI housing anywhere in the community. As an example, if the construction costs for the public improvements total at least $100,000 and if incremental taxes of $100,000 are generated from the construction of multi-residential housing units in the Northern Waukee Residential Urban Renewal Area (and no such units are affordable to LMI housing residents or are rented to such individuals or families), the LMI Set Aside Fund requirement would be $26,220. The balance of $73,780 in incremental taxes could be used to reimburse the City for construction costs of the public improvements described above under No. 1 or planning, legal, and related project costs (listed in No. 2 below). 2. Planning, engineering fees (for urban renewal plans), attorney fees, other related costs to support the urban renewal project and planning: Project Date Estimated Cost Fees and costs Undetermined Not to Exceed $_100,000.00. J. FINANCIAL INFORMATION 1.July 1, 2020 constitutional debt limit: $ 118,834,828 2.Outstanding current general obligation debt: $ 85,029,358 FINAL 093020 7 3.Proposed amount of indebtedness to be incurred: A specific amount of debt to be incurred for the Eligible Urban Renewal Projects has not yet been determined. This document is for planning purposes only. The estimated project costs in this Plan are estimates only and will be incurred and spent over a number of years. In no event will the City's constitutional debt limit be exceeded. The City Council will consider each project proposal on a case-by-case basis to determine if it is in the City's best interest to participate before approving an urban renewal project or expense. It is further expected that such indebtedness, including interest on the same, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Eligible Urban Renewal Projects as described above will be approximately as stated in the next column: $4,600,000 - $9,100,000 This estimate does not include financing costs which may be incurred over the life of the Plan nor does it include the LMI assistance costs K. URBAN RENEWAL FINANCING The City of Waukee intends to utilize various financing tools, such as those described below, to successfully undertake the proposed urban renewal actions. The City of Waukee has the statutory authority to use a variety of tools to finance physical improvements within the Area. These include: A) Tax Increment Financing. Under Section 403.19 of the Iowa Code, urban renewal areas may utilize the tax increment financing mechanism to finance the costs of public improvements, economic development incentives or other urban renewal projects. Upon creation of a tax increment district within the Area, by ordinance, the assessment base is frozen and the amount of tax revenue available from taxes paid on the difference between the frozen base and the increased value, if any, is segregated into a separate fund for the use by the City to pay costs of the eligible urban renewal projects. The increased taxes generated by any new development, above the base value, are distributed to the taxing entities, if not requested by the City, and in any event upon the expiration of the tax increment district(s). B) General Obligation Bonds. Under Division III of Chapter 384 and Chapter 403 of the Iowa Code, the City has the authority to issue and sell general obligation bonds for specified essential and general corporate purposes, including the acquisition and construction of certain public improvements or urban renewal projects within the Area and for other urban renewal projects. Such bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the City of Waukee. It may be the City will elect to abate some or all of the debt service on these bonds with incremental taxes from this Area. In addition, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations, or loan agreements for the purpose of making FINAL 093020 8 loans or grants of public funds to private businesses located in the Area for urban renewal projects. Alternatively, the City may determine to use available funds for making such loans or grants or other incentives related to urban renewal projects. In any event, the City may determine to use tax increment financing to reimburse the City for any obligations or advances. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of the Urban Renewal Plan. L. PROPERTY ACQUISITION/DISPOSITION Other than easements and public right-of-ways, no property acquisition by the City is anticipated at this time. However, if property acquisition/disposition becomes necessary to accomplish the objectives of the Plan, urban renewal powers will be carried out, without limitation, in accordance with the State of Iowa Urban Renewal Law. M. AGREEMENTS TO INCLUDE AGRICULTURAL LAND Because some of the area included in the North Waukee Residential Urban Renewal Area contains land that is defined as "agricultural land" by Iowa Code Section 403.17(3), the City of Waukee and the property owner have entered (or will enter) into an agreement in which the property owner agrees to allow the City to include real property defined as "Agricultural Land" in the Urban Renewal Area. A copy of the agreement is or will be attached as Exhibit "C”. The original signed agreement will be on file at the City Clerk's office. N. RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal project; however, if any relocation is necessary, the City will follow all applicable relocation requirements. O. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform to State and local laws will be complied with by the City in implementing this Urban Renewal Plan and its supporting documents. P. SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or unenforceability shall not affect any other provision of this Urban Renewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. FINAL 093020 9 Q. URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Area Plan may be amended from time to time for a number of reasons, including, but not limited to, adding or deleting land, adding or amending urban renewal projects, or modifying goals or types of renewal activities. The City Council may amend this Plan in accordance with applicable State law. R. EFFECTIVE PERIOD This Urban Renewal Plan will become effective upon its adoption by the City Council and will remain in effect until it is repealed by the City Council. With respect to the property included within the North Waukee Residential Urban Renewal Area, which is also included in an ordinance which designates that property as a tax increment area and is designated based on an economic development finding, to provide or to assist in the provision of public improvements related to housing and residential development, the use of incremental property tax revenues or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, is limited to ten (10) years beginning with the second fiscal year following the year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the incremental property tax revenues attributable to that property within the North Waukee Residential Urban Renewal Area. It is also anticipated that separate TIF ordinances for separate lots/parcel(s) may be adopted as development in the Area warrants such that property in each TIF ordinance may have a separate base value year and the division of revenue in each TIF ordinance may have a separate expiration date. At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the North Waukee Residential Urban Renewal Plan shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. FINAL 093020 A-1 EXHIBIT "A" LEGAL DESCRIPTION OF NORTH WAUKEE RESIDENTIAL URBAN RENEWAL AREA The legal description of the North Waukee Residential Urban Renewal Area is as follows: NW ¼ of the NW ¼ of Section 27, Township 79N, Range 26W, City of Waukee, Dallas County, Iowa except Alyvia Plat 1, Corrected Fox Creek Estates Plat 6 and Parcel 17-179 as recorded in a Plat of Survey in Book 2017 at Page 8443 now known as Fox Creek Estates Plat 9, City of Waukee, Dallas County, Iowa and including the adjoining east half of right of way of Warrior Lane (Parcel #1227100018); and, SW ¼ of the NW ¼ of Section 27, Township 79N, Range 26W, City of Waukee, Dallas county, Iowa except Fox Creek Estates Plats 1, 4, 5 and Corrected Fox Creek Estates Plat 6 and including the adjoining east half of right of way of Warrior Lane (Parcel #1227100016); and, E ½ of the NE ¼ of Section 28, Township 79N, Range 26W, City of Waukee, Dallas County, Iowa except Parcel AA as shown in a Plat of Survey recorded in Book 2013 at Page 721, City of Waukee, Dallas County Iowa and including the adjoining west half of right of way of Warrior Lane (Parcel #1228200006, 1228200005); and, NE ¼ of the SE ¼ of Section 28, Township 79N, Range 26W, except that property platted as Indi Run Plats 1-3 and except Parcels 18-144 and 18-147 in the Plat of Survey recorded in Book 2018, Page 23747 now known as the The Commons at Greenway Plat 1, City of Waukee, Dallas County, Iowa (Parcel #1228400028); and, Lot 1 and Lot A of The Commons at Greenway Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1228480003, 1228480006); and, Lots A and B of Waukee Greenway Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 1228477002); and, Lots B and C of Enterprise Business Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227352001); and, Lot A of Enterprise Business Park Plat 2, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227355004); and, Lots A and B of Enterprise Business Park Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227378005); and, Lot A of Fridley Palms Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227379003); and, A PARCEL OF LAND IN THE EAST 50.00 FEET OF OUTLOT ‘B', THE POINT PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2003, PAGE 15821 AT THE DALLAS FINAL 093020 A-1 COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA. THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF SAID OUTLOT 'B', SAID SE CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF HICKMAN ROAD (US HIGHWAY #6) AS IT IS PRESENTLY ESTABLISHED; THENCE S89⁰36’52”W, 50.00 FEET ALONG THE SOUTH LINE OF SAID OUTLOT 'B' AND SAID NORTH RIGHT- OF-WAY LINE TO A POINT; THENCE N00°10’35"E, 257.95 FEET ALONG A LINE THAT IS 50.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID OUTLOT 'B' TO A POINT; THENCE N05°00’51"E, 118.57 FEET TO A POINT THAT IS 40.00 FEET WEST OF THE EAST LINE OF SAID OUTLOT 'B'; THENCE N00°10’35"E, 429.39 FEET ALONG A LINE THAT IS 40.00 FEET WEST OF AND PARALLEL TO THE EAST OF SAID OUTLOT 'B' TO POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 320.00 FEET AND A CHORD BEARING N11°29’10"E, AN ARC LENGTH OF 126.33 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 265.00 FEET AND A CHORD BEARING N17°03’36"E, AN ARC LENGTH OF 53.06 FEET TO A POINT ON THE EAST LINE OF SAID OUTLOT 'B'; THENCE S00°10'35"W, 978.76 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B' TO THE POINT OF BEGINNING AND CONTAINING 0.91 ACRES (39,650 SQUARE FEET) as recorded in Acquisition Plat at 2013 Page 18714, City of Waukee, Dallas County, Iowa; and,. Lot A of Prairie Crossing Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227410006); and, Outlot Z of Prairie Crossing Plat 7, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227451001); and, Lot 1 through Lot 6 of Bricktowne at Prairie Crossing Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227452001-1227452006); Lots 2 through 5 of Bricktowne at Prairie Crossing Plat 1 have been reclassified as Bricktowne Prairie Crossing Condominiums and shall include the following buildings and units: Bricktowne Prairie Crossing Condominiums Building 2, Units 101-120, 201-220 and 301-320 (Parcel #1227453001-1227453060); Bricktowne Prairie Crossing Condominiums Building 3, Units 101-120, 201-220 and 301-320 (Parcel #1227453061 – 1227453120); Bricktowne Prairie Crossing Condominiums Building 5, Units 101-120, 201-220 and 301-320 (Parcel 1227453121 – 1227453180); Bricktowne Prairie Crossing Condominiums Clubhouse (Parcel 1227453181); Bricktowne Prairie Crossing Condominiums Garages (Parcel 1227453182). FINAL 093020 B-1 EXHIBIT "B" MAP OF URBAN RENEWAL AREA