HomeMy WebLinkAbout2022-10-17 Resolution 2022-437_Set Public Hearing Date, Urban Renewal Plan, Towne Center CommercialRESOLUTION NO. 2022-437
RESOLUTION DETERMINING THE NECESSITY AND
SETTING DATES OF A CONSULTATION AND A PUBLIC
HEARING ON A PROPOSED TOWNE CENTER
COMMERCIAL 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 caused there to be prepared a proposed Towne Center
Commercial Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the Towne Center
Commercial Urban Renewal Area ("Area" or "Urban Renewal Area"), which proposed Plan is
attached hereto as Exhibit 1 and which is incorporated herein by reference; and
WHEREAS, the purpose of the Plan is to form the Towne Center Commercial Urban
Renewal Area suitable for economic development and to include a list of proposed projects to be
undertaken within the Urban Renewal Area, and a copy of the Plan has been placed on file for
public inspection in the office of the City Clerk; and
WHEREAS, the property proposed to be included in the Urban Renewal Area is legally
described in the Plan and this Council has reasonable cause to believe that the Area described in
the Plan satisfies the eligibility criteria for designation as an urban renewal area under Iowa law
and; and
WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment
covered by the Plan; and
WHEREAS, the proposed Urban Renewal Area includes land classified as agricultural land
and written permission of the current owners will be obtained; 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 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 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 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, Code of Iowa, as
amended; and
WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on
the proposed 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 Urban Renewal Plan required by Section
403.5(2), Code of Iowa, as amended, shall be held on October 24, 2022, in the Council Chambers,
City Hall, 230 West Hickman Road, Waukee, Iowa, at 2:00 P.M., and the Director of Economic
Development, or her 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), Code
of Iowa.
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(1), Code of Iowa, along with a copy of this Resolution and the proposed Urban Renewal
Plan, the notice to be in substantially the following form:
NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE
CITY OF WAUKEE, STATE OF IOWA AND ALL AFFECTED
TAXING ENTITIES CONCERNING THE PROPOSED TOWNE
CENTER COMMERCIAL, 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), Code of Iowa, as amended, commencing at 2:00 P.M. on
October 24, 2022, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa
concerning a proposed Towne Center Commercial Urban Renewal Plan for the Towne Center
Commercial Urban Renewal Area, 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 Director of Economic Development, or her 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 Towne Center Commercial 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, Code of Iowa, as amended.
Dated this 18"' day of October, 2022.
Rebecca D. Schuett
City Clerk, City of Waukee, State of Iowa
(End of Notice)
Section 3. That a public hearing shall be held on the proposed Urban Renewal Plan before
the City Council at its meeting which commences at 5:30 P.M. on November 21, 2022, 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 County 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:
(One publication required)
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A
PROPOSED TOWNE CENTER COMMERCIAL 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 November 21, 2022 in the Council Chambers, City Hall,
230 West Hickman Road, Waukee, Iowa, to consider adoption of a proposed Towne Center Commercial
Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in the City of Waukee, State
of Iowa.
'The Towne Center Commercial Urban Renewal Area is proposed to contain the land legally
described as follows:
PARCEL'BB' OF THE E1/2 NE1/4 OF SECTION 34, TOWNSHIP 79 NORTH, RANGE
26 WEST OF THE 5TH P.M., AN OFFICIAL PARCEL RECORDED IN BOOK 2012,
PAGE 22929 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF
WAUKEE, DALLAS COUNTY, IOWA EXCEPT WAUKEE TOWNE CENTER PLAT
1, AN OFFICIAL PLAT RECORDED IN BOOK 2020, PAGE 27825 AT THE DALLAS
COUNTY RECORDER'S OFFICE AND FURTHER EXCEPTING THE WARRANTY
DEED AND ACQUISITION PLAT RECORDED IN BOOK 2017, PAGE 23499 AT THE
DALLAS COUNTY RECORDER'S OFFICE, THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID PARCEL'BB', THENCE N00°00'05"E,
2109.31 FEET ALONG THE WEST LINE OF SAID PARCEL'BB', SAID WEST LINE
ALSO COINCIDES WITH THE EAST LINE OF WESTGATE PLAT 2, AN OFFICIAL
PLAT RECORDED IN BOOK 850, PAGE 908 AT THE DALLAS COUNTY
RECORDER'S OFFICE, TO THE NE CORNER OF LOT 12 OF SAID WESTGATE
PLAT 2, SAID NE CORNER ALSO BEING ON THE SOUTH LINE OF LOT 'A' OF
SAID WAUKEE TOWNE CENTER PLAT 1 AND THE SOUTH RIGHT-OF-WAY
LINE OF SE LAUREL STREET AS IT IS PRESENTLY ESTABLISHED; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
25.00 FEET AND A CHORD BEARING S61010'57"E, AN ARC LENGTH OF 27.49
FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE, TO
A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 363.00 FEET AND A CHORD BEARING
S59059'20"E, AN ARC LENGTH OF 384.99 FEET ALONG SAID SOUTH LINE AND
SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF TANGENCY; THENCE
N89037'39"E, 206.67 FEET ALONG SAID SOUTII LINE AND SAID SOUTH RIGHT-
OF-WAY LINE TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 303.00 FEET AND
CHORD BEARING S45013'32"E, AN ARC LENGTH OF 477.50 FEET ALONG SAID
SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF
TANGENCY; THENCE S00004'43"E, 393.79 FEET ALONG SAID SOUTH LINE AND
SAID SOUTH RIGHT-OF-WAY LINE TO A POINT; THENCE S89°44'09"E, 341.67
FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE NE CORNER OF
OUTL,OT'X' OF SAID WAUKEE TOWNE CENTER PLAT 1; THENCE S44054'27"E,
49.65 FEET THE EAST LINE OF SAID OUTLOT `X' AND SAID SOUTH RIGHT-OF-
WAY LINE TO THE SE CORNER OF SAID OUTLOT'X', SAID SE CORNER ALSO
BEING ON THE WEST RIGHT-OF-WAY LINE OF SE ALICES ROAD AS
ESTABLISHED IN SAID WARRANTY DEED AND ACQUISITION PLAT
RECORDED IN BOOK 2017, PAGE 23499 AT THE DALLAS COUNTY RECORDER'S
OFFICE; THENCE S00°04'43"E, 1054.37 FEET ALONG SAID WEST RIGHT-OF-
WAY LINE TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG
A CURVE TO THE LEFT HAVING A RADIUS OF 1001.00 FEET AND A CHORD
BEARING S01 °54'08"E, AN ARC LENGTH OF 63.71 FEET ALONG SAID WEST
RIGHT-OF-WAY LINE TO A POINT OF TANGENCY; THENCE S03°43'32"E, 62.00
FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH
LINE OF SAID PARCEL'BB', SAID SOUTH LINE ALSO BEING THE SOUTH LINE
OF SAID El/2 NEI/4 OF SECTION 34; THENCE S89°56'09"W, 1237.39 FEET ALONG
SAID SOUTH LINE TO THE POINT OF BEGINNING AND CONTAINING 48.03
ACRES MORE OR LESS. (Parcel # 1234200007)
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 promote the
growth and retention of qualified industries and businesses in the Urban Renewal Area through various
public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the
Plan, and to encourage the further economic development of the Urban Renewal Area, the Plan provides
that such special financing activities may include, but not be limited to, the making of loans or grants of
public funds to private entities under Chapter 15A, Code of Iowa. 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. The City also
may acquire and make land available for development or redevelopment by private enterprise as authorized
by law. 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 proposes no 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, Code of Iowa.
Dated this 17`' day of October, 2022.
Rebecca D.Schuett
City Clerk, City of Waukee, State of Iowa
(End of Notice)
Section 5. That the proposed Urban Renewal Plan, attached hereto as Exhibit 1, for the
proposed Urban Renewal Area described therein is hereby officially declared to be the proposed
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 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 17th day of October, 2022.
Mayor
ATTEST:
�U� ®• 2-)(�
City Clerk
RESULTS OF VOTE: AVE NAY ABSENT ABSTAIN
Anna Bergman Pierce X
R. Charles Bottenberg X
Chris Crone X
Larry R. Lyon X
Ben Sinclair X
TOWNE CENTER COMMERCIAL
URBAN RENEWAL PLAN
for the
TOWNE CENTER COMMERCIAL
URBAN RENEWAL AREA
CITY OF WAUKEE, IOWA
2022
TABLE OF CONTENTS
SECTION
A. INTRODUCTION
B. DESCRIPTION OF THE URBAN RENEWAL AREA
C. AREA DESIGNATION
D. BASE VALUE
E. DEVELOPMENT PLAN
F. PLAN OBJECTIVES
G. TYPES OF RENEWAL ACTIVITIES
H. ELIGIBLE URBAN RENEWAL PROJECTS
I. FINANCIAL INFORMATION
J. URBAN RENEWAL FINANCING
K. PROPERTY ACQUISITION/DISPOSITION
L. RELOCATION
M. PROPERTY WITHIN AN URBAN REVITALIZATION AREA
N. STATE AND LOCAL REQUIREMENTS
O. SEVERABILITY
P. URBAN RENEWAL PLAN AMENDMENTS
Q. EFFECTIVE PERIOD
R. AGREEMENTS TO INCLUDE AGRICULTURAL LAND
EXHIBITS
A. LEGAL DESCRIPTION OF TOWNE CENTER COMMERCIAL URBAN RENEWAL
AREA
B. TOWNE CENTER COMMERCIAL URBAN RENEWAL AREA MAP
C. AG LAND CONSENTAGREEMENT
Towne Center Commercial Urban Renewal Plan
for the
Towne Center Commercial Urban Renewal Area
City of Waukee, Iowa
A. INTRODUCTION
The Towne Center Commercial Urban Renewal Plan (`Plan" or "Urban Renewal Plan") for the
Towne Center Commercial Urban Renewal Area ('Area" or "Urban Renewal Area") has been
developed to help local officials promote commercial and industrial economic development in the
City of Waukee, Iowa (the "City"). In order to achieve this objective, the City intends to undertake
urban renewal activities pursuant to the powers granted to it under Chapter 403 of the Code of
Iowa, as amended.
B. DESCRIPTION OF THE URBAN RENEWAL AREA
The Urban Renewal Area is described in Exhibit "A" and illustrated in Exhibit ``B." 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 designates this Urban Renewal Area as an area appropriate
for the promotion of economic development (commercial and industrial development).
D. BASE VALUE
If the Urban Renewal Area is legally established, a Tax Increment Financing (TIF) Ordinance is
adopted, and debt is certified prior to December 1, 2022, the taxable valuation as of January 1,
2021, will be considered the frozen "base valuation" of the taxable property within that area
covered by the TIF ordinance. If a TIT Ordinance is not adopted until a later date, or debt is not
first certified prior to December 1, 2022, the frozen "base value" will be the assessed value of the
taxable property within that area covered by the TIF Ordinance as of January 1 of the calendar
year preceding the calendar year in which the City first certifies the amount of any debt on the
Area. It may be that multiple TIF ordinances will be adopted on separate portions of the Area as
development occurs. If so, the frozen base values may vary among the subareas.
E. 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 proposed in
this Plan, and the urban renewal projects described herein, 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.
The Urban Renewal Plan does not in any way replace the City's current land use planning or
zoning regulation process. The land being included in the Urban Renewal Area is currently zoned
as Community Commercial/Planned Development Overlay, but may be rezoned, if needed, in
accordance with the City's standard zoning processes.
The need, if any, 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 continues to develop, the need for public infrastructure extensions and
upgrades will be evaluated and planned for by the City.
F. PLAN OBJECTIVES
Renewal activities are designed to provide opportunities, incentives, and sites to promote
economic development (commercial and industrial). More specific objectives for the development,
redevelopment, and rehabilitation within the Urban Renewal Area are as follows:
1. To achieve a diversified, well-balanced economy providing a desirable standard of living,
creating job opportunities, and strengthening the tax base.
2. To plan for and provide sufficient land for commercial and industrial development in a
manner that is efficient from the standpoint of providing municipal services.
I To provide for the installation of public works and facilities including, but not limited to,
water, sanitary sewer, trail, amphitheater and other public and quality of life improvements,
which contribute to the development of the area and to the sound development of the entire
City.
4. To encourage commercial growth and expansion through governmental policies which
make it economically feasible to do business.
5. To provide a more marketable and attractive investment climate through the use of various
federal, state and local incentives.
6. To stimulate, through public action and commitment, private investment in new and
expanded commercial and industrial development.
7. To improve the conditions and opportunities for economic development (commercial and
industrial).
8. To help develop a sound economic base that will serve as the foundation for future growth
and development.
9. To enhance the City by fostering an entrepreneurial climate, diversifying the local
economy, encouraging opportunities for new businesses, and supporting retention of
existing businesses.
10. To enhance the health, safety, living environment, general character, and general welfare
of Waukee, Iowa.
11. To promote development utilizing any other objectives allowed by Chapter 403 of the Code
ofIowa.
G. 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 of7owa
including, but not limited to, tax increment financing. Activities may include:
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 repair of public
infrastructure including but not limited to streets, curb and gutter, street lighting,
water, sanitary sewer, public utilities or other facilities and quality of life
improvements in connection with urban renewal projects.
3. To make loans, forgivable loans, grants, tax rebate payments or other types of
economic development grants or incentives to private persons, local development
organizations, or businesses for economic development purposes on such terms as
may be determined by the City Council.
4. To borrow money and to provide security therefor.
5. To acquire or dispose of property.
6. To provide for the construction of specific site improvements such as grading and
site preparation activities, access roads and parking, fencing, utility connections,
and related activities.
7. To make or have made surveys and plans necessary for the implementation of the
Urban Renewal Plan or specific urban renewal projects.
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.
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 42713, or any
other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan.
H. ELIGIBLE URBAN RENEWAL PROJECTS
Although certain project activities may occur over a period of years, the eligible urban renewal
projects under this Urban Renewal Plan include:
1. Development Agreement with Waukee Towne Center, LLC: The City expects to enter
into a Development Agreement (the "Agreement") with Waukee Towne Center, LLC (the
"Developer"), pursuant to which the Developer will construct a 270,000 square foot, multi -
building, retail development and related parking and Quality of Life Improvements
(including but not limited to a lake, trails, and amphitheater to be dedicated to the City) in
two phases on certain real property within the Urban Renewal Area ("Minimum
Improvements"), which development will further the purposes of the Plan. The City
expects to make Benchmark Grants to the Developer in connection with Developer's
completion of the Quality of Life Improvements in an amount not to exceed $2,500,000 to
be funded from sources other than incremental taxes derived from this Area, in addition to
Economic Development Grants in the form of rebates of incremental taxes from this Area
generated by the project in an aggregate amount not to exceed $21,900,000. The
Benchmark and Economic Development Grants will subject to annual appropriation and
the detailed terms and conditions in the Agreement.
2. Planning, Engineering Fees (for Urban Renewal Plans), Attorney Fees,
Administrative, and Other Related Costs to Support Urban Renewal Projects and
Planning:
Project
Estimated Date
Estimated Cost to be
Funded by TIF
Funds
Fees and Costs
Undetermined
Not to Exceed
$1,000,000
I. FINANCIAL INFORMATION
1.
July 1, 2022 Constitutional Debt Limit
$127,379,974
2.
Current Outstanding General Obligation Debt
$101,657,587
3.
Proposed amount of indebtedness to be incurred: A
$22,900,000
specific amount of debt to be incurred for the Eligible
Urban Renewal Projects has not yet been determined.
This does not include financing
This document is for planning purposes only. The
costs related to debt issuance,
Which may be incurred over the
estimated project costs in this Plan are estimates only and
life of the Area.
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 to be reimbursed from
incremental taxes from this Area as described above will
be approximately as stated in the next column:
J. URBAN RENEWAL FINANCING
The City intends to utilize various financing tools, such as those described below to successfully
undertake the proposed urban renewal actions. The City 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 Code of Iowa, 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.
B. General Obligation Bonds.
Under Division III of Chapter 384 and Chapter 403 of the Code of Iowa, 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 within the Area or incentives for development consistent with this Plan.
Such bonds are payable from the levy of unlimited ad valorem taxes on all the taxable
property within the City. 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.
The City may also determine to use tax increment financing to provide incentives such as cash
grants, loans, tax rebates, or other incentives to developers or private entities in connection with
the urban renewal projects identified in this Plan. 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 42713, or any
other provision of the Code of Ioi4w in furtherance of the objectives of this Urban Renewal Plan.
K. PROPERTY ACQUISITION/DISPOSITION
The City will follow any applicable requirements for the acquisition and disposition of property
within the Urban Renewal Area.
L. 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.
M. PROPERTY WITHIN AN URBAN REVITALIZATION AREA
The Urban Renewal Area may (now or in the future) also be located within an established Urban
Revitalization Area. Properties within the Urban Renewal Area shall not be eligible for tax
abatement under an Urban Revitalization Plan without the City Council's specific approval. The
City Council, at its sole discretion, shall determine which incentives are available through either:
(a) this Plan for urban renewal incentives, if any urban renewal incentives are offered by the City,
at the City Council's sole discretion; or (b) tax abatement incentives through the City's Urban
Revitalization Plan(s); or (c) a combination of urban renewal incentives and tax abatement
incentives.
N. STATE AND LOCAL REQUIREMENTS
The City will comply with all State and local laws related to implementing this Urban Renewal
Plan and its supporting documents.
O. 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, un-authorization, 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.
P. URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal 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.
Q. EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City Council and shall
remain in effect until terminated by the City Council.
With respect to the property included within the Urban Renewal Area, which is also included in a
Tax Increment Financing (TIF) ordinance which designates that property as a tax increment area
and is designated based on an economic development finding, 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 twenty (20) years beginning with the first calendar year following the calendar 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 a TIF Ordinance of the Urban Renewal Area. It may be that
multiple TIF ordinances will be adopted on separate portions of the Area as development occurs.
The division of revenues shall continue on the Urban Renewal Area for the maximum period
allowed by law.
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 Ionva) by the City for activities carried out under the Urban Renewal Area
shall be limited as deemed appropriate by the City Council and consistent with all applicable
provisions of law.
R. AGREEMENTS TO INCLUDE AGRICULTURAL LAND
Because some of the area included in the Urban Renewal Area contains land that is defined as
"agricultural land" by Iowa Code Section 403.17(3), the property owner has entered 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 attached as Exhibit
"C". The original signed agreement will be on file at the City Clerk's office.
EXHIBIT A
LEGAL DESCRIPTION OF
TOWNE CENTER COMMERCIAL URBAN RENEWAL AREA
PARCEL 'BB' OF THE E1/2 NE1/4 OF SECTION 34, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE 5TH P.M., AN OFFICIAL PARCEL RECORDED IN
BOOK 2012, PAGE 22929 AT THE DALLAS COUNTY RECORDER'S
OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA EXCEPT WAUKEE
TOWNE CENTER PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2020,
PAGE 27825 AT THE DALLAS COUNTY RECORDER'S OFFICE AND
FURTHER EXCEPTING THE WARRANTY DEED AND ACQUISITION PLAT
RECORDED IN BOOK 2017, PAGE 23499 AT THE DALLAS COUNTY
RECORDER'S OFFICE, THAT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SW CORNER OF SAID PARCEL 'BB'; THENCE
N00°00'05"E, 2109.31 FEET ALONG THE WEST LINE OF SAID PARCEL'BB',
SAID WEST LINE ALSO COINCIDES WITH THE EAST LINE OF
WESTGATE PLAT 2, AN OFFICIAL PLAT RECORDED IN BOOK 850, PAGE
908 AT THE DALLAS COUNTY RFCORDER'S OFFICE, TO THE NE
CORNER OF LOT 12 OF SAID WESTGATE PLAT 2, SAID NE CORNER
ALSO BEING ON THE SOUTH LINE OF LOT'A' OF SAID WAUKEE TOWNE
CENTER PLAT 1 AND THE SOUTH RIGHT-OF-WAY LINE OF SE LAUREL
STREET AS IT IS PRESENTLY ESTABLISHED; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 25.00 FEET AND A CHORD BEARING S61010'57"E, AN ARC LENGTH
OF 27.49 FEET ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-
WAY LINE, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 363.00 FEET AND
A CHORD BEARING S59°59'20"E, AN ARC LENGTH OF 384.99 FEET
ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO
A POINT OF TANGENCY; THENCE N89°37'39"E, 206.67 FEET ALONG SAID
SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 303.00 FEET AND CHORD BEARING
S45013'32"E, AN ARC LENGTH OF 477.50 FEET ALONG SAID SOUTH LINE
AND SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF TANGENCY;
THENCE S00004'43"E, 393.79 FEET ALONG SAID SOUTH LINE AND SAID
SOUTH RIGHT-OF-WAY LINE, TO A POINT; THENCE S89°44'09"E, 341.67
FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE NE CORNER
OF OUTLOT 'X' OF SAID WAUKEE, TOWNE CENTER PLAT 1; THENCE
S44°54'27"E, 49.65 FEET THE EAST LINE OF SAID OUTLOT `X' AND SAID
SOUTH RIGHT-OF-WAY LINE TO THE SE CORNER OF SAID OUTLOT'X',
SAID SE CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF
SE ALICES ROAD AS ESTABLISHED IN SAID WARRANTY DEED AND
ACQUISITION PLAT RECORDED IN BOOK 2017, PAGE 23499 AT THE
DALLAS COUNTY RECORDER'S OFFICE; THENCE S00°04'43"E, 1054.37
FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 1001.00 FEET AND A CHORD BEARING
S01 °54'08"E, AN ARC LENGTH OF 63.71 FEET ALONG SAID WEST RIGHT-
OF-WAY LINE TO A POINT OF TANGENCY; THENCE S03°43'32"E, 62.00
FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT ON THE
SOUTH LINE OF SAID PARCEL 'BB', SAID SOUTH LINE ALSO BEING THE
SOUTH LINE OF SAID E1/2 NEI/4 OF SECTION 34; THENCE S89°56'09"W,
1237.39 FEET ALONG SAID SOUTII LINE TO THE POINT OF BEGINNING
AND CONTAINING 48.03 ACRES MORE OR LESS. (Parcel # 1234200007)
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EXHIBIT C
AGREEMENT TO INCLUDE AGRICULTURAL LAND
IN THE TOWNE CENTER COMMERCIAL URBAN RENEWAL AREA
WHEREAS, the City of Waukee, Iowa, (the "City") has proposed to adopt the Towne
Center Commercial Urban Renewal Plan (the "Plan") for the Towne Center Commercial 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 the Urban Renewal Area will
include certain property which is owned by the Agricultural Land Owner listed below (the
"Property"); 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 the portion of the Property owned by the
Agricultural Land Owner 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.
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 said 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 2022.
Agricultural Land Owner's Name: Agricultural Land Owner's Name:
Signature:
Date:
Witness:
02113632-1\21938-299
Signature:
Date:
Witness: