HomeMy WebLinkAbout2025-11-03 Resolution 2025-428_Urban Renewal Plan, Kettlestone Phase 2 Commercial Amendment 1RESOLUTION NO. 2025-428
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
AMENDMENT NO. 1 TO THE KETTLESTONE PHASE 2
COMMERCIAL URBAN RENEWAL PLAN
WHEREAS, by Resolution No. 2023-230, adopted June 5, 2023, 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 Kettlestone Phase 2
Commercial Urban Renewal Plan (the "Phase 2 Plan" or "Phase 2 Urban Renewal Plan") for the
Kettlestone Phase 2 Commercial Urban Renewal Area (the "Phase 2 Area" or "Phase 2 Urban
Renewal Area") described therein, which Phase 2 Plan is on file in the office of the Recorder of
Dallas County; and
WHEREAS, this Phase 2 Urban Renewal Area currently includes and consists of:
Parcel 21-96 as shown in the Plat of Survey recorded in Book 2021 Page 31554,
City of Waukee, Dallas County, Iowa, EXCEPT for the following: Parcel 22-121
and 22-122 of the Plat of Survey recorded in Book 2022 Page 20745, City of
Waukee, Dallas County, Iowa (Parcel #1604200029, 1604200031), Parcel 23-22
and 23-24 of the Plat of Survey recorded in Book 2023 Page 3367, City of Waukee,
Dallas County, Iowa (Parcel #1604200033, 1604200035), Parcel 23-27 of the Plat
of Survey recorded in Book 2023 Page 3368, City of Waukee, Dallas County, Iowa
(Parcel #1604200036) and, a part of Parcel 21-96 of the Plat of Survey recorded in
Book 2021 Page 31554, City of Waukee, Dallas County, Iowa and more
particularly described as follows: Beginning at the Southwest Corner of said Parcel
21-96; thence North 00°27' 16" East along the westerly line of said Parcel 21-96, a
distance of 58.33 feet; thence South 51°03'50" East, 25.38 feet; thence North
83°56' 10" East, 148.38 feet; thence North 89°28'40" East, 51.78 feet; thence North
83°56' 10" East, 326.90 feet; thence South 06°07'23" East, 35.00 feet to the
Southerly line of said Parcel 21-96; thence South 83°56'10" West along said
southerly line 551.42 feet to the Point of Beginning and containing 0.47 acres.
(Parcel #1604200032, 1604200034); and, Parcel 23-37 of the Plat of Survey
recorded in Book 2023 Page 5011, City of Waukee, Dallas County, Iowa (Parcel
#1604200037); and
WHEREAS, a proposed Phase 2 Amendment No. 1 to the Phase 2 Plan ("Phase 2
Amendment No. 1" or "Phase 2 Amendment") for the Phase 2 Urban Renewal Area described
above has been prepared, which proposed Phase 2 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 remove land
from the Phase 2 Urban Renewal Area and to update the description of a previously approved
urban renewal project to be undertaken within the Phase 2 Urban Renewal Area; and
WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment
covered by the Phase 2 Plan, as amended; and
WHEREAS, this proposed Phase 2 Amendment removes the following land from the Phase
2 Urban Renewal Area:
Lot 1, Kettlestone Central DWR Plat 1 an Official Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa; and
WHEREAS, the Phase 2 Urban Renewal Area, following the adoption the Phase 2
Amendment, will include the following parcels:
Outlot Z, Kettlestone Central South Plat 2
Outlot Y, Kettlestone Central South Plat 2
Lot 5, Kettlestone Central South Plat 2
Lot 1, Kettlestone Central South Plat 2
Lot 2, Kettlestone Central South Plat 2
Lot 6, Kettlestone Central South Plat 2
Lot 3, Kettlestone Central South Plat 2
Lot 4, Kettlestone Central South Plat 2
Lot 7, Kettlestone Central South Plat 2
All lots and outlots are part of Kettlestone Central South Plat 2, an Official Plat,
now included in and forming a part of the City of Waukee, Dallas County, Iowa;
and
WHEREAS, by resolution adopted on October 6, 2025, this Council directed that a
consultation be held with the designated representatives of all affected taxing entities to discuss
the proposed Phase 2 Amendment and the division of revenue described therein, and that notice of
the consultation and a copy of the proposed Phase 2 Amendment 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 Phase 2 Amendment 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 Phase 2 Amendment, 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 Phase 2
Amendment 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 Phase 2 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 the Phase 2 Amendment 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 Phase 2 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 Phase 2 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 Kettlestone Phase 2 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
Kettlestone Phase 2 Commercial Urban Renewal Plan for the City of Waukee, State of Iowa";
Phase 2 Amendment, 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 the Phase 2 Amendment
with the proceedings of this meeting.
Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or any other
document, the Phase 2 Amendment shall be in full force and effect from the date of this Resolution
until the Council amends or repeals the Plan. The proposed Phase 2 Amendment 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 Phase 2 Plan not affected or otherwise revised
by the terms of the Phase 2 Amendment, as well as all resolutions previously adopted by this City
Council related to the Phase 2 Plan be and the same are hereby ratified, confirmed and approved
in all respects.
PASSED AND APPROVED this 3rd day of November, 2025.
Mayor
ATTEST:
/14/44/f4 (0'1/1/11/W4
City Clerk
(0,
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg X
Chris Crone X
Rob Grove X
Anna Bergman Pierce X
Ben Sinclair X
AMENDMENT NO. 1
to the
KETTLESTONE PHASE 2 COMMERCIAL
URBAN RENEWAL PLAN
for the
KETTLESTONE PHASE 2 COMMERCIAL
URBAN RENEWAL AREA
WAUKEE, IOWA
Original Area - 2023
Amendment No. 1 - 2025
Amendment No. 1
to the
Kettlestone Phase 2 Commercial Urban Renewal Plan
for the
Kettlestone Phase 2 Commercial Urban Renewal Area
City of Waukee, Iowa
INTRODUCTION
The Kettlestone Phase 2 Commercial Urban Renewal Plan ("Phase 2 Plan" or "Phase 2 Urban
Renewal Plan") for the Kettlestone Phase 2 Commercial Urban Renewal Area ("Phase 2 Area" or
"Phase 2 Urban Renewal Area") adopted in June 2023, is being amended by this Amendment No.
1 to the Phase 2 Plan ("Phase 2 Amendment No. 1" or "Phase 2 Amendment") to remove land
from the Phase 2 Urban Renewal Area and to update the description of a previously approved
urban renewal project to be undertaken within the Phase 2 Urban Renewal Area.
Except as modified by this Phase 2 Amendment No. 1, the provisions of the Phase 2 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 Phase 2 Amendment No. 1 shall
control. Any subsections not mentioned in this Phase 2 Amendment No. 1 shall continue to apply
to the Phase 2 Plan.
DESCRIPTION OF AREA
The land being removed from the Phase 2 Urban Renewal Area by this Phase 2 Amendment may
be referred to as the "Phase 2 Amendment No. 1 Subarea." The legal description of the Phase 2
Amendment No. 1 Subarea is attached hereto as Exhibit A. The legal description of the Phase 2
Urban Renewal Area, as amended, is attached as Exhibit B. A map of the Phase 2 Urban Renewal
Area, as amended, is attached as Exhibit C.
DEVELOPMENT PLAN
The City of Waukee, Iowa (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 included in the Phase 2 Plan, and the urban renewal project described in this Phase
2 Amendment, are in conformity with the land use policies and plans for the development of the
City as a whole established in the Waukee Comprehensive Land Use Plan.
This Phase 2 Plan, as amended, does not in any way replace or modify the City's current land use
planning or zoning regulation process. Any need for improved traffic, public transportation, public
utilities, recreational and community facilities, or other public improvements within the Phase 2
Urban Renewal Area is set forth in the Phase 2 Plan, as amended.
UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECT
Numerous urban renewal projects were authorized prior to the date of this Amendment and are
unaltered by this Amendment. With the adoption of this Amendment, the City is replacing the
Iowa Youth Athletic Foundation project description outlined in the Phase 2 Urban Renewal Plan
with the following project:
1. Development Agreement with IYAF and related entities:
Pursuant to authority granted by the Phase 2 Plan, the City entered into a Development
Agreement (the "Agreement") with Caliber Land Company, LLC, Kettlestone Central, L.C.,
and Iowa Youth Athletic Foundation (collectively of purposes of this description the
"Developers"), pursuant to which the Developers would cause the completion of a sports arena
and commercial complex in four phases. The Developers have now proposed an amendment
to the Agreement pursuant to which the project would be completed in five phases (instead of
four) and the maximum, aggregate grant amount would be increased. For purposes of this
Phase 2 Plan, as amended, the eligible urban renewal project is the completion of
approximately $20,000,000 in commercial developments within the Phase 2 Area ("Phase 2
Commercial Improvements"), which development the City finds will further the purposes of
the Phase 2 Plan. The City expects to provide Developers with Economic Development Grants
in the form of rebates of incremental taxes generated by the Phase 2 Commercial
Improvements, in an aggregate amount among all five phases of not to exceed $55,000,000.
The Economic Development Grants will be subject to annual appropriation and the detailed
terms and conditions in the Agreement.
FINANCIAL DATA
1.
Current constitutional debt limit:
$215,542,750
2.
Current outstanding general obligation debt:
$167,060,089
3.
Proposed amount of indebtedness to be incurred: A specific
amount of debt to be incurred for the Updated Urban Renewal
Project described above has not yet been determined. This
document is for planning purposes only. The estimated project
costs in this Phase 2 Amendment 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. Subject to the
foregoing, it is estimated that the City's costs for the Updated
Urban Renewal Project described above will be approximately
as stated in the next column:
$55,000,000
This amount
does not include
any financing
costs or interest
which are
currently
unknown and
may be
necessary to
complete the
project
EFFECTIVE PERIOD
This Phase 2 Amendment No. 1 will become effective upon its adoption by the City Council and
will remain in effect until it is repealed by the City Council. Notwithstanding anything to the
contrary in the Phase 2 Plan, any prior amendment, resolution, or document, the Phase 2 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 of Iowa, will be consistent with Chapter 403 of the Iowa Code. Nothing
in this Phase 2 Amendment shall alter the duration of the division of revenue as previously
explained in the Phase 2 Plan.
REPEALER AND SEVERABILITY CLAUSE
Any parts of the previous Phase 2 Plan in conflict with this Phase 2 Amendment are hereby
repealed.
If any part of this Phase 2 Amendment or the Phase 2 Plan is determined to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Phase 2
Amendment or the Phase 2 Plan as a whole, or any part of the Phase 2 Amendment or the Phase 2
Plan not determined to be invalid or unconstitutional.
EXHIBIT A
LEGAL DESCRIPTION OF PHASE 2 AMENDMENT NO. 1 SUBAREA
BEING REMOVED FROM PHASE 2 AREA
Lot 1, Kettlestone Central DWR Plat 1 an Official Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa.
EXHIBIT B
LEGAL DESCRIPTION OF PHASE 2 AREA, AS AMENDED
The following real property is situated in the City of Waukee, Dallas County, Iowa:
Outlot Z, Kettlestone Central South Plat 2
Outlot Y, Kettlestone Central South Plat 2
Lot 5, Kettlestone Central South Plat 2
Lot 1, Kettlestone Central South Plat 2
Lot 2, Kettlestone Central South Plat 2
Lot 6, Kettlestone Central South Plat 2
Lot 3, Kettlestone Central South Plat 2
Lot 4, Kettlestone Central South Plat 2
Lot 7, Kettlestone Central South Plat 2
All lots and outlots are part of Kettlestone Central South Plat 2, an Official Plat,
now included in and forming a part of the City of Waukee, Dallas County, Iowa.
EXHIBIT C
MAP OF PHASE 2 AREA, AS AMENDED
Legend
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