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HomeMy WebLinkAbout2015-09-21-Resolutions 15-320_Autumn Ridge Residential Urban Renewal Plan - Set PHRESOLUTION NO.15-320 RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AUTUMN RIDGE RESIDENTIAL URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF WAUKEE,STATE OF IOWA WHEREAS,it is hereby found and determined that one or more economic development areas,as defined in Chapter 403,Code of Iowa,exist within the City and the rehabilitation,conservation,redevelopment,development,or combination thereof,of the area is necessary in the interest of the public health,safety,or welfare of the residents of the City;and 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 has caused there to be prepared a proposed Autumn Ridge Residential Urban Renewal Plan ("Plan"or "Urban Renewal Plan")for the Autumn Ridge Residential Urban Renewal Area ("Area"or "Urban Renewal Area"),which proposed Plan is attached hereto as Exhibit I;and WHEREAS,this proposed Urban Renewal Area includes and consists of: Lot 4,5,6,7,8,and Lot 9 of Autumn Ridge Plat I in the City of Waukee,County of Dallas,State of Iowa Current Parcel Numbers for this Area are the following: Parcel Numbers:12-35-306-005,12-35-306-003,12-35-306-004,12-35-305-005, 12-35-305-304,12-35-305-003 AND SE Olson Drive Right of Way from SE Brick Drive to SE Alice's Road AND SE Alice's Road Right of Way from SE University Avenue to 1,200 feet north of E Hickman Road WHEREAS,the proposed Urban Renewal Area includes land classified as agricultural land and written permission of the current owners will be obtained;and WHEREAS,City staff has caused there to be prepared a form of Plan,a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference,the purpose of which is to form the Autumn Ridge Residential Urban Renewal Area suitable for economic development,specifically public improvements related to housing and residential development,and to include a list of proposed projects to be undertaken within the Urban Renewal Area;and Final 9(17(15 WHEREAS,it is desirable that the area be redeveloped as part of the overall redevelopment covered by the Plan;and WHEREAS,the Iowa statutes require the City Council to submit the proposed Autumn Ridge Residential 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 Council approval of such Plan,and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30)days of its receipt of such proposed Autumn Ridge Residential Urban Renewal Plan;and WHEREAS,the Iowa statutes require the City Council to notify all affected taxing entities of the consideration being given to the proposed Autumn Ridge Residential Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto,and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof,to which the City shall submit written responses as provided in Section 403.5,as amended;and WHEREAS,the Iowa statutes further require the City Council to hold a public hearing on the proposed Autumn Ridge Residential Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time,date,place and purpose of the hearing,shall generally identify the urban renewal area covered by the Plan and shall outline the general scope of the urban renewal project under consideration,with a copy of the notice also being mailed to each affected taxing entity. NOW THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF WAUKEE,STATE OF IOWA: Section 1.That the consultation on the proposed Autumn Ridge Residential Urban Renewal Plan required by Section 403.5(2)of the Code of Iowa,as amended,shall be held on the 28th day of September,2015,in the Council Chambers,City Hall,230 West Hickman Road,Waukee,Iowa,at 10;00 A.M.,and the Development Services Director,or his delegate,is hereby appointed to serve as the designated representative of the City for purposes of conducting the consultation,receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2.That the City Clerk is authorized and directed to cause a notice of such consultation to be sent by regular mail to all affected taxing entities,as defined in Section 403.17(l),along with a copy of this Resolution and the proposed Autumn Ridge Residential Urban Renewal Plan,the notice to be in substantially the following form: Final 9/17/15 NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF WAUKEE,STATE OF IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AUTUMN RIDGE RESIDENTIAL URBAN RENEWAL PLAN FOR THE CITY OF WAUKEE,STATE OF IOWA The City of Waukee,State of Iowa will hold a consultation with all affected taxing entities,as defined in Section 403.17(1)of the Code of Iowa,as amended, commencing at 10:00 A.M.on September 28,2015,in the Council Chambers,City Hall, 230 West Hickman Road,Waukee,Iowa concerning a proposed Autumn Ridge Residential Urban Renewal Plan,a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation.The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area,the fiscal impact of the division of revenue on the affected taxing entities,the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area,and the duration of any bond issuance included in the Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation.The Development Services Director, or his delegate,as the designated representative of the City of Waukee,State of Iowa, shall submit a written response to the affected taxing entity,no later than seven days prior to the public hearing on the proposed Autumn Ridge Residential Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Waukee,State of Iowa,as provided by Section 403.5 of the Code of Iowa,as amended. Dated this 21st day of September,2015. Rebecca D.Schuett City Clerk,City of Waukee,State of Iowa (End of Notice) Final 9/17/15 Section 3.That a public hearing shall be held on the proposed Autumn Ridge Residential Urban Renewal Plan before the City Council at its meeting which commences at 5:30 P.M.on October 19,2015,in the Council Chambers,City Hall,230 West Hickman Road,Waukee,Iowa. Section 4.That the City Clerk is authorized and directed to publish notice of this public hearing in the Dallas Coun News,once on a date not less than four (4)nor more than twenty (20)days before the date of the public hearing,and to mail a copy of the notice by ordinary mail to each affected taxing entity,such notice in each case to be in substantially the following form: Final 9/17/15 (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED AUTUMN RIDGE RESIDENTIAL URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF WAUKEE,STATE OF IOWA The City Council of the City of Waukee,State of Iowa,will hold a public hearing before itself at its meeting which commences at 5:30 P.M.on October 19,2015 in the Council Chambers,City Hall,230 West Hickman Road,Waukee,Iowa,to consider adoption of a proposed Autumn Ridge Residential Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in the City of Waukee,State of Iowa,legally described as follows: Lot 4,5,6,7,8,and Lot 9 of Autumn Ridge Plat I in the City of Waukee,County of Dallas,State of Iowa Current Parcel Numbers for this Area are the following: Parcel Numbers:12-35-306-005,12-35-306-003,12-35-306-004,12-35-305-005, 12-35-305-304,12-35-305-003 AND SE Olson Drive Right of Way from SE Brick Drive to SE Alice*s Road AND SE Alice's Road Right of Way from SE University Avenue to 1,200 feet north of E Hickman Road which land is to be included as part of this proposed Urban Renewal Area. A copy of the Plan is on file for public inspection in the office of the City Clerk, City Hall,City of Waukee,Iowa. The City of Waukee,State of Iowa is the local public agency which,if such Plan is approved,shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to stimulate,through public involvement and commitment,private investment in residential development in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan.The City also may reimburse or directly undertake the installation,construction and reconstruction of substantial public improvements,including,but not limited to,street,water,sanitary sewer,storm sewer or other public improvements such as trails,underpasses,sidewalks,and other related costs. The Plan provides that the City may issue bonds or use available funds for purposes allowed by the Plan and that tax increment reimbursement of the costs of urban renewal projects may be sought if and to the extent incurred by the City.The Plan initially Final 9/17/15 proposes specific public infrastructure or site improvements to be undertaken by the City, and provides that the Plan may be amended from time to time. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of the City of Waukee,State of Iowa,as provided by Section 403.5 of the Code of Iowa. Dated this 21st day of September,2015. Rebecca D.Schuett City Clerk,City of Waukee,State of Iowa (End of Notice) Final 9/17/15 Section 5.That the proposed Autumn Ridge Residential Urban Renewal Plan, attached hereto as Exhibit 1,for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Autumn Ridge Residential Urban Renewal Plan referred to in the notices for purposes of such consultation and hearing and that a copy of the Plan shall be placed on file in the office of the City Clerk. Section 6.That the proposed Autumn Ridge Residential Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the general plan for the development of the City as a whole,with such recommendation to be submitted in writing to this Council within thirty (30)days of the date hereof. PASSED AND APPROVED this 21"day of September,2015. ayor ATTEST: City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN Final 9/17/15 AUTUMN RIDGE RESIDENTIAL URBAN RENEWAL PLAN for the AUTUMN RIDGE RESIDENTIAL URBAN RENEWAL AREA WAUKEK,IOWA 2015 TABLE OF CONTENTS Final 9(17(15 SECTIOIV A.INTRODUCTION B.DESCRIPTION OF THE URBAN RENEWAL AREA C.AREA DESIGNATION D.BASE VALUE E.DEVELOPMENT PLAN F.RESIDENTIAL DEVELOPMENT G.AREA OBJECTIVES H.TYPES OF RENEWAL ACTIVITIES I.ELIGIBLE URBAN RENEWAL PROJECTS J.FINANCIAL INFORMATION K.URBAN RENEWAL FINANCING L.PROPERTY ACQUISITION/DISPOSITION PAGE M.AGREEMENT TO INCLUDE AGRICULTURAL LAND 7 N.RELOCATION O.STATE AND LOCAL REQUIREMENTS P.SEVERABILITY Q.URBAN RENEWAL PLAN AMENDMENTS R.EFFECTIVE PERIOD EXHIBITS A.LEGAL DESCRIPTION OF AREA B.URBAN RENEWAL AREA MAPS C.MAP OF AUTUMN RIDGE PLAT 1 D.AGREEMENT TO INCLUDE AGRICULTURAL LAND Final 9/17/15 Autumn Ridge Residential Urban Renewal Plan for the Autumn Ridge Residential Urban Renewal Area City of Waukee,Iowa A.INTRODUCTION The Autumn Ridge 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 Autumn Ridge 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 Unified Urban Renewal Area and was removed in 2013;in addition,the property was never developed as an urban renewal housing project. 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 Autumn Ridge 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 as a lot or lots are developed.If so,the frozen base values may vary by TIF ordinance areas. Final 9/17/15 E.DEVELOPMENT PLAN Waukee has a general plan for the physical development of the City as a whole outlined in the Waukee Com rehensive Plan,adopted by the City on March 10,2008.The goals and objectives and urban renewal projects identified in this Plan are in conformity with the goals,objectives,and overall strategies identified in the Waukee Com rehensive Plan. This Urban Renewal Plan does not 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 and C-I 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 Autumn Ridge 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.Aller 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 Autumn Ridge residential development will include a total of 430 new multi-family residential 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 Autumn Ridge area as well as other surrounding areas will create the need and demand to make further investment in the City's infrastructure including the widening of SE Alice's Road,a major north-south regional arterial corridor. Increment generated from the Autumn Ridge Residential Urban Renewal Area will go towards paying for a portion of the widening of SE Alice's Road between University Avenue and Hickman Road. 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 assistance to low or moderate income ("LMI")individuals or families.LMI individuals or families are generally those whose incomes do not exceed 80 10 of the median Dallas County income. Final 9(17/15 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 30.52%.("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 30.52%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 30.52%of the project costs for LMI housing activities anywhere in the City;or ~Ensuring that 30.52%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. 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 construcdon of public improvements that benefit LMI residents and/or families. G.AREA OBJECT IVES Renewal activities are designed to provide opportunities,incentives,and sites for new residential development within the Area.More specific objectives for development within the Autumn Ridge 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. Final 9/17/15 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. PL 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. 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. Final 9/17/15 I.ELIGIBLE URBAN RENEWAL PROJECTS 1.Public Improvements in Residential Development: Public Im rovement Pro'ect(s) Alice's Road Expansion including construction of six travel lanes, turning lanes,utilities (water,sewer, storm,gas),traffic signalization,trails, pedestrian underpass,sidewalks, landscaping,etc.including associated engineering,land acquisition and other related costs. Date 2015-2019 Estimated Cost Total Project Cost is up to $17,000,000.00;however, expected funding from increment from this Area is not expected to exceed $2,500,000 to $4,000,000. Total The proposed urban renewal project involves using incremental taxes from the proposed multi-residential construction of Autumn Ridge Plat I,attached as Exhibit C to assist in the construction/widening (or reimbursement of construction/widening of SE Alice's Road from [University Avenue-to 1,200 feet north of Hickman Road.] The City does not intend to provide any assistance to the developer of Autumn Ridge Plat 1.Rather,the City intends to use incremental taxes generated by the construction of the proposed multi-residential housing units to assist in the costs of constructing/widening SE Alice's Road from its current 2 lanes to 6 lanes.SE Alice's Road makes up a segment of the Grand Prairie Parkway Corridor which is scheduled to open in 2015 with the completion of a new interchange at Interstate 80.When completed,it is expected that this regional corridor will over time serve as many as 50,000 vehicles per day.The increases in adjacent development such as Autumn Ridge (residential)as well as the additional traffic generated by the Interchange (commercial)will require the widening of Alice's Road to accommodate traffic.The current estimate to complete the SE Alice's Road Project is $17,000,000.It is anticipated that the tax increment from the construction of multi-residential housing units in Autumn Ridge Plat 1 will only partially fund the constructing/widening of SE Alice's Road.The City plans to use other funds to supplement the full cost of the widening of SE Alice's Road,which project will be undertaken in phases and over a period of years,as funds become available.No increment will be used on Olson Drive,which is the responsibility of the Developer. Unless LMI housing is constructed in the Autumn Ridge Residential Urban Renewal Area,the City will set aside a minimum of 30.52'/ll 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.~Al,iftp t t t l tp pbt p t ttl tl t $100,000 and if incremental taxes of $100,000 are generated from the construction of multi-residential housing units in Autumn Ridge Plat I (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 $30,520.The balance of $69,480 in incremental taxes could be used to reimburse the City for construction costs of the public improvements described above under No.I or planning,legal,and related project costs (listed in No.2 below). Final 9/17/15 2.Planning,engineering fees (for urban renewal plans),attorney fees,other related costs to support the urban renewal project and planning: Pro'ect Fees and costs Date Undetermined Estimated Cost Not to Exceed $30,000.00. J.FINANCIAL INFORMATION Jul 1,2015 constitutional debt limit: Outstandin current eneral obli ation debt: 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: $64,438,160 $46,927,654 Total Project Cost is up to $17,000,000.00; however,expected funding from this Urban Renewal Area is not expected to exceed $2,500,000 to $4,000,000,plus any LMI set-aside which could total approximately $750,000 to $1,250,000.[Note: these figures are estimates and do not include financin 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 Final 9/17/15 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 &om 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 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 AC UISITION/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 Autumn Ridge 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 "D."The original signed agreement will be on file at the City Clerk's office. Final 9/17/15 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 RE UIREMENTS 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. 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 Autumn Ridge 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 Autumn Ridge 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. o For TIF ordinances on the Area,the frozen base for the parcels within a TIF ordinance is set as of January 1 of the calendar year before the debt is first certified on the parcel(s)within the TIF ordinance. Final 9/17/15 o Each TIF ordinance could have separate expiration dates depending on when debt is certified related to the respective TIF ordinance.The expiration date will be ten years beginning with the second fiscal year following the year in which the City first certifies debt pursuant to the particular TIF ordinance on the Area. o For example,if one of the TIF ordinances on an Area parcel(s)is both adopted and first certified in 2016,then the frozen base of the parcel(s)in the TIF ordinance is established as of I/I/2015 and fiscal year 2026-2027 is the last year (expiration date)that Tax Increment can be collected on that particular TIF ordinance. 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 Autumn Ridge Residential Urban Renewal Plan shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. Final 9/17/15 EXHIBIT "A" LEGAL DESCRIPTION OF AUTUMN RIDGE RESIDENTIAL URBAN RENEWAL AREA The legal description of the Autumn Ridge Residential Urban Renewal Area is as follows: Lot 4,5,6,7,8,and Lot 9 of Autumn Ridge Plat 1 in the City of Waukee,County of Dallas,State of Iowa Current Parcel Numbers for this Area are the following; Parcel Numbers:12-35-306-005,12-35-306-003,12-35-306-004,12-35-305-005, 12-35-305-004,12-35-305-003 AND SE Olson Drive Right of Way from SE Brick Drive to SE Alice's Road AND SE Alice's Road Right of Way from SE University Avenue to 1,200 feet north of E Hickman Road. Final 9/17(15 A-1 EXHIBIT NBN MAP OF URBAN RENEWAL AREA Exttiblt B Map of Autumn Ridge Residential Urban Renewal Area +itIkeero i~ra mammr r ~~1 gall sara item„ aw samsmra Note Porbona of Alice'a Rd Right of WaysincludedinUndiedURAGateway Economic Development URA and Autumn Ridge Resdenbai URA ~g Lagand 2015Autumn Ridge ResidentialMUrbanRenewalAres Final 9/17/15 EXHIBIT "C" MAP OF AUTUMN RIDGE PLAT I ana~s Ix~)l~)h Il/1d 300lll NWlllnV )'t))"h»») Iff f I i i i i I)i i)»I I 1))1) i/))ll)l)))')! )I IIIII)I)I )i) „i))ll)»)ll))))I)))))ill)l aa)ahlhE))l?Ellh))jli)sk!E I)))l))))))ll)ill)ill "" UJ gh ail i)i z 5 '.)t / t I* &'A "jl)l)i) jf )I,;))I I ) Ii).i)j i&l ' )I)) )I i I il lt C Final 9/17/15 C-1 EXHIBIT "D" AGRICULTURAL LAND CONSENT AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE AUTUMN RIDGE RESIDENTIAL URBAN RENEWAL AREA WHEREAS,the City of Waukee,Iowa,(the "City")has proposed to establish the Autumn Ridge Residential Urban Renewal Plan ("Plan")for the Autumn Ridge Residential Urban Renewal Area (the "Urban Renewal Area"),pursuant to Chapter 403 of the Code of Iowa,in order to undertake activities authorized by that Chapter;and WHEREAS,it has been proposed that the boundaries of land included in the Urban Renewal Area will contain certain property owned by the undersigned Agricultural Land Owner;and WHEREAS,Section 403.17(10)of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of "agricultural land,"until the owners of such property agree to include such property in such urban renewal area;and WHEREAS,it has been determined that a portion of the property located within the Urban Renewal Area and owned by the Agricultural Land Owner listed below meets the definition of "agricultural land"in Section 403.17(3)of the Code of Iowa; NOW,THEREFORE,it is hereby certified and agreed by the Agricultural Land Owner as follows: 1.The Agricultural Land Owner hereby certifies that he/she is the owner of certain property within the proposed Urban Renewal Area and agrees that the City of Waukee,Iowa,may include such property within the Urban Renewal Area.A map of the Urban Renewal Area is attached as part of this Exhibit. 2.The Agricultural Land Owner further authorizes the governing body of the City of Waukee, Iowa,to pass any resolution or ordinance necessary to designate property as part of the Urban Renewal Area under Chapter 403 of the Code of Iowa,and to proceed with activities authorized under said Chapter. DATED this day of ,2015. Name of Agricultural Land Owner: I)Signature: Date: Witness: 01154372-P21938-087