HomeMy WebLinkAbout2024-09-03 Resolution 2024-376_Urban Renewal Plan, The Quarter Commercial Amendment 1RESOLUTION NO. 2024-376
RESOLUTION DETERMINING AN AREA OF THE CITY TO
BE 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
AMENDMENT NO. 1 TO THE QUARTER COMMERCIAL
URBAN RENEWAL PLAN
WHEREAS, by Resolution No. 2022-535, adopted December 19, 2022, this Council found
and determined that certain areas located within the City are eligible and should be designated as
an urban renewal area under Iowa law, and approved and adopted The Quarter Commercial Urban
Renewal Plan (the "Plan" or "Urban Renewal Plan") for The Quarter Commercial Urban Renewal
Area (the "Area" or "Urban Renewal Area") described therein, which Plan is on file in the office
of the Recorder of Dallas County; and
WHEREAS, this Urban Renewal Area currently includes and consists of:
Lots 2-3 and 5-15, Outlot Y, and Outlot Z of KeeTown Loop Plat 1, an Official
Plat, now including and forming a part of the City of Waukee, Dallas County, Iowa
(Parcel # 1604480002, 160448004 through 1604480016, 1604377001; and
Lots 1-3, KeeTown Loop Plat 2, and an Official Plat, now including and forming a
part of the City of Waukee, Dallas County, Iowa (Parcel 91604481001 —
1604481003);and
Lots A, B, C and D of The Shops at Kettlestone North Plat 4, an Official Plat, City
of Waukee, Dallas County, Iowa (Parcel #1604332002).
WHEREAS, a proposed Amendment No. 1 to the Plan ("Amendment No. 1" or
"Amendment") for the Urban Renewal Area described above has been prepared, which proposed
Amendment has been on file in the office of the City Clerk and which is incorporated herein by
reference, the purpose of which is to update the description of a previously approved urban renewal
project to be undertaken within the Urban Renewal Area and to add land to the Urban Renewal
Area; and
WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment
covered by the Plan, as amended; and
WHEREAS, this proposed Amendment No. 1 adds the following land to the Urban
Renewal Area:
Parcel 1604376004 shown as Outlot V in THE SHOPS AT KETTLESTONE
NORTH PLAT 4, an Official Plat, now included in and forming a part of the City
of Waukee, Dallas County, Iowa, Except Parcel `19-92' of a part of said Outlot V
as shown in Survey filed in Book 2019, Page 16817 and Except Parcel '21-94' of
a part of said Outlot V as shown in Survey recorded in Book 2021, Page 28853
WHEREAS, by resolution adopted on August 5, 2024, this Council directed that a
consultation be held with the designated representatives of all affected taxing entities to discuss
the proposed Amendment No. 1 and the division of revenue described therein, and that notice of
the consultation and a copy of the proposed Amendment No. 1 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 Economic Development Director, or
her delegate, 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 Amendment No. 1 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 Amendment No. 1, 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 Amendment No. 1
concerning the area of the City of Waukee, State of Iowa, described in the preamble hereof, be and
the same are hereby ratified and confirmed in all respects 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 Plan, as amended, and Amendment No. 1 conform 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 not expected, however, with reference to any 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 expected and with reference to those 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, as amended, continues to be 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 Amendment No. 1 to The Quarter Commercial Urban Renewal Plan of the
City of Waukee, State of Iowa, attached hereto as Exhibit 1 and incorporated herein by reference,
be and the same is hereby approved and adopted as "Amendment No. 1 to The Quarter Commercial
Urban Renewal Plan for the City of Waukee, State of Iowa"; Amendment No. 1, including all of
the exhibits attached thereto, is hereby in all respects approved; and the City Clerk is hereby
directed to file a certified copy of Amendment No. 1 with the proceedings of this meeting.
Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or any other
document, Amendment No. 1 shall be in full force and effect from the date of this Resolution until
the Council amends or repeals the Plan. The proposed Amendment No. 1 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.
Section 6. That all other provisions of the Plan not affected or otherwise revised by the
terms of Amendment No. 1, as well as all resolutions previously adopted by this City Council
related to the Plan be and the same are hereby ratified, confirmed and approved in all respects.
PASSED AND APPROVED this 3`d day of September, 2024.
ATTEST:
City Clerk
RESULTS OF VOTE:
AYE
R. Charles Bottenberg
X
Chris Crone
X
Rob Grove
X
Anna Bergman Pierce
Ben Sinclair
X
Mayor
NAY ABSENT
X
ABSTAIN
AMENDMENT NO. 1
to
THE QUARTER COMMERCIAL
URBAN RENEWAL PLAN
for
THE QUARTER COMMERCIAL
URBAN RENEWAL AREA
CITY OF WAUKEE, IOWA
Original Plan — December 2022
Amendment No. 1 — September 2024
AMENDMENT NO. 1
TO THE
QUARTER COMMERCIAL
URBAN RENEWAL PLAN
CITY OF WAUKEE, IOWA
The Quarter Commercial Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for The Quarter
Commercial Urban Renewal Area ("Area" or "Urban Renewal Area") was adopted by Resolution
No. 2022-535 on December 19, 2022. The Urban Renewal Plan is now being amended by this
Amendment No. 1 to the Plan ("Amendment" or "Amendment No. 1 ") to update the description of
a previously approved urban renewal project to be undertaken within the Urban Renewal Area and
to add land to the Urban Renewal Area.
Except as modified by this Amendment No. 1, the provisions of the original Plan are hereby
ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In
case of any conflict or uncertainty, the terms of this Amendment No. 1 shall control. Any
subsections not mentioned in this Amendment No. 1 shall continue to apply to the Plan.
DESCRIPTION OF URBAN RENEWAL AREA
The legal description of the property being added to the Urban Renewal Area is attached hereto as
Exhibit "A" and may be referred to as the "Amendment No. 1 Subarea". A map of The Quarter
Commercial Urban Renewal Area, as amended by this Amendment No. 1, is attached hereto as
Exhibit "B."
DEVELOPMENT PLAN
The City has a general plan for the physical development of the City as a whole outlined in the
Waukee Comprehensive Land Use Plan, adopted in 2019. The goals and objectives of the Plan,
and the projects outlined in this Amendment, are in conformity with the Waukee Comprehensive
Land Use Plan, adopted in 2019.
The Plan does not in any way replace or modify the City's current land use planning or zoning
regulation process.
The need for improved traffic, public transportation, public utilities, recreational and community
facilities, or other public improvements within the Urban Renewal Area, if any, is set forth in the
Plan. As the Area develops, the need for public infrastructure extensions and upgrades will be
evaluated and planned for by the City.
UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECT
Numerous urban renewal projects were authorized prior to the date of this Amendment and may
be continuing. With the adoption of this Amendment, the City is updating the description of the
following previously authorized project:
1. Development Agreement with The Quarter at Waukee, L.L.C.: In the original Plan,
the City approved a Development Agreement with the Quarter at Waukee, L.L.C.
("Developer") as a project in the Urban Renewal Area. Additional changes to the project
have now been identified by Developer including improvements to be added to the
Amendment No. 1 Subarea. Subject to the terms and conditions set forth in the Agreement,
as amended from time to time, the City would provide Developer with Economic
Development Grants to incentivize a total of an anticipated seventeen (17) commercial
buildings and related site improvements, with a total investment of approximately
$112,000,000. The City expects to make Economic Development Grants to Developer in
the form of rebates of varying percentages of incremental taxes generated by the separate
buildings over a period of twelve (12), sixteen (16) or twenty (20) years, depending on the
nature of the specific commercial building as described in the Agreement. The cumulative
total of all such grants is not expected to exceed $41,000,000 and will be subject to the
terms and conditions of a detailed development agreement.
FINANCIAL DATA
1.
Current constitutional debt limit:
$215,542,750
2.
Current outstanding general obligation debt:
$164,173,921
3.
Proposed amount of indebtedness to be incurred: A specific amount of
Increase to
debt to be incurred for the urban renewal projects described herein has
Previously
not yet been determined. The estimated project costs in this Amendment
Approved
are estimates only and will be incurred and spent over a number of
Urban
years. In no event will the City's constitutional debt limit be exceeded.
Renewal
The City Council will consider each project proposal on a case -by -case
Project:
basis to determine if it is in the City's best interest to participate before
$6,000,000
approving an urban renewal project or expense. It is further expected
that such indebtedness, including interest on the same, may be financed
Total for
in whole or in part with tax increment revenues from the Urban
Updated
Renewal Area. Subject to the foregoing, it is estimated that the cost of
Project:
the Update to Previously Approved Urban Renewal Project
$41,000,000
(Amendment No. 1) as described above will be approximately as
follows:
This total does
not include
financing costs
related to debt
issuance, which
may be incurred
over the life of
the Area.
EFFECTIVE PERIOD
This Amendment No. I will become effective upon its adoption by the City Council.
Notwithstanding anything to the contrary in the Plan, any prior amendment, resolution, or
document, the Plan, as amended, shall remain in effect until terminated by the City Council.
The use of incremental property tax revenues, or the "division of revenue," as those words are used
in Chapter 403 of the Code oflowa, will be consistent with Chapter 403 of the Iowa Code. Nothing
in this Amendment shall alter the duration of the division of revenue as previously explained in
the Plan, as previously amended.
REPEALER AND SEVERABILITY CLAUSE
Any parts of the Plan in conflict with this Amendment are hereby repealed.
If any part of this Amendment or the Plan is determined to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity of the Amendment or the Plan as a
whole, or any part of the Amendment or the Plan not determined to be invalid or unconstitutional.
EXHIBIT A
LAND TO BE ADDED TO THE
QUARTER COMMERCIAL URBAN RENEWAL AREA
BY AMENDMENT NO. 1
Parcel 1604376004 shown as Outlot V in THE SHOPS AT KETTLESTONE
NORTH PLAT 4, an Official Plat, now included in and forming a part of the City
of Waukee, Dallas County, Iowa, Except Parcel ' 19-92' of a part of said Outlot V
as shown in Survey filed in Book 2019, Page 16817 and Except Parcel '21-94' of
a part of said Outlot V as shown in Survey recorded in Book 2021, Page 28853
EXHIBIT B
MAP OF THE QUARTER COMMERCIAL
URBAN RENEWAL AREA, AS AMENDED BY AMENDMENT NO. 1
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