HomeMy WebLinkAbout2023-06-05 Resolution 2023-228_Urban Renewal Plan, Kettlestone ResidentialRESOLUTION NO. 2023-228
RESOLUTION DETERMINING AN AREA OF THE
CITY TO BE AN ECONOMIC DEVELOPMENT AREA,
AND THAT THE REHABILITATION,
CONSERVATION, REDEVELOPMENT,
DEVELOPMENT, OR A COMBINATION THEREOF, OF
SUCH AREA IS NECESSARY IN THE INTEREST OF
THE PUBLIC HEALTH, SAFETY OR WELFARE OF
THE RESIDENTS OF THE CITY; DESIGNATING SUCH
AREA AS APPROPRIATE FOR URBAN RENEWAL
PROJECTS; AND ADOPTING THE KETTLESTONE
RESIDENTIAL URBAN RENEWAL PLAN
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 Kettlestone
Residential Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the Kettlestone
Residential 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 Kettlestone Residential Urban
Renewal Area as an area suitable for residential 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 consequently written permission of the current owners has been
obtained; and
WHEREAS, it is desirable that the Urban Renewal Area be redeveloped as
described in the proposed Urban Renewal Plan to be known hereafter as the "Kettlestone
Residential Urban Renewal Plan"; and
WHEREAS, the Iowa statutes require the City Council to submit the proposed
Urban Renewal Plan to the Planning and Zoning Commission for review and
recommendation as to its conformity with the general plan for development of the City as
a whole, prior to City Council approval thereof, and
WHEREAS, creation of the Urban Renewal Area and adoption of the Urban
Renewal Plan therefore has been approved by the Planning and Zoning Commission for
the City as being in conformity with the general plan for development of the City as a
whole, as evidenced by its written report and recommendation tiled herewith, which report
and recommendation is hereby accepted, approved in all respects and incorporated herein
by this reference; and
WHEREAS, by resolution adopted on May 1, 2023, this Council directed that a
consultation be held with the designated representatives of all affected taxing entities to
discuss the proposed Urban Renewal Plan and the division of revenue described therein,
and that notice of the consultation and a copy of the proposed Urban Renewal Plan be sent
to all affected taxing entities; and
WHEREAS, pursuant to such notice, the consultation was duly held as ordered by
the City Council and all required responses to the recommendations made by the affected
taxing entities, if any, have been timely made as set forth in the report of the Director of
Economic Development, or her delegate, tiled herewith and incorporated herein by this
reference, which report is in all respects approved; and
WHEREAS, by resolution this Council also set a public hearing on the adoption of
the proposed Urban Renewal Plan for this meeting of the Council, and due and proper
notice of the public hearing was given, as provided by law, by timely publication in the
Dallas County News, which notice set forth the time and place for this hearing and the
nature and purpose thereof; and
WHEREAS, in accordance with the notice, all persons or organizations desiring to
be heard on the proposed Urban Renewal Plan, both for and against, have been given an
opportunity to be heard with respect thereto and due consideration has been given to all
comments and views expressed to this Council in connection therewith and the public
hearing has been closed.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF WAUKEE, STATE OF IOWA:
Section 1. That the findings and conclusions set forth or contained in the proposed
"Kettlestone Residential Urban Renewal Plan" for the area of the City of Waukee, State of
Iowa, legally described and depicted in the Plan and incorporated herein by reference
(which area shall hereinafter be known as the "Kettlestone Residential Urban Renewal
Area"), be and the same are hereby adopted and approved as the findings of this Council
for this area.
Section 2. This Council further finds:
a) Although relocation is not expected, a feasible method exists for the
relocation of any families who will be displaced from the Urban Renewal Area into
decent, safe and sanitary dwelling accommodations within their means and without
undue hardship to such families;
b) The Urban Renewal Plan conforms to the general plan for the
development of the City as a whole; and
c) Acquisition by the City is not immediately expected, however, as to any
areas of open land to be acquired by the City included within the Urban Renewal
Area:
i. Residential use is expected and with reference to those portions
thereof which are to be developed for residential uses, this City Council
hereby determines that a shortage of housing of sound standards and design
with decency, safety and sanitation exists within the City; that the
acquisition of the area for residential uses is an integral part of and essential
to the program of the municipality; and that one or more of the following
conditions exist:
a. That the need for housing accommodations has been or
will be increased as a result of the clearance of slums in other areas,
including other portions of the urban renewal area.
b. That conditions of blight in the municipality and the
shortage of decent, safe and sanitary housing cause or contribute to
an increase in and spread of disease and crime, so as to constitute a
menace to the public health, safety, morals, or welfare.
c. That the provision of public improvements related to
housing and residential development will encourage housing and
residential development which is necessary to encourage the
retention or relocation of industrial and commercial enterprises in
this state and its municipalities.
d. The acquisition of the area is necessary to provide for the
construction of housing for low and moderate income families.
ii. Non-residential use is not expected, however, with reference to
any portions thereof which are to be developed for non-residential uses,
such non-residential uses are necessary and appropriate to facilitate the
proper growth and development of the City in accordance with sound
planning standards and local community objectives.
Section 3. That the Urban Renewal Area is an economic development area within
the meaning of Chapter 403, Code of Iowa; that such area is eligible for designation as an
urban renewal area and otherwise meets all requisites under the provisions of Chapter 4031
Code of Iowa, and that the rehabilitation, conservation, redevelopment, development, or a
combination thereof, of such area is necessary in the interest of the public health, safety or
welfare of the residents of this City.
Section 4. That the Urban Renewal Plan, attached hereto as Exhibit 1 and
incorporated herein by reference, be and the same is hereby approved and adopted as the
"Kettlestone Residential Urban Renewal Plan for the Kettlestone Residential Urban
Renewal Area"; the Urban Renewal Plan for such area is hereby in all respects approved;
and the City Clerk is hereby directed to file a certified copy of the Urban Renewal Plan
with the proceedings of this meeting.
Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or
any other document, the Urban Renewal Plan shall be in full force and effect from the date
of this Resolution until the Council amends or repeals the Plan. Said Urban Renewal Plan
shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the
Recorder for Dallas County, Iowa, to be filed and recorded in the manner provided by law.
PASSED AND APPROVED this 5th day of June, 2023.
Mayor ro Tem
ATTEST:
City Clerk
RESULTS OF VOTE: AYE
Anna Bergman Pierce X
R. Charles Bottenberg X
Chris Crone X
Larry R. Lyon X
Ben Sinclair
NAY ABSENT
X
ABSTAIN
KETTLESTONE RESIDENTIAL
URBAN RENEWAL PLAN
for the
KETTLESTONE RESIDENTIAL
URBAN RENEWAL AREA
WAUKEE, IOWA
2023
TABLE OF CONTENTS
SECTION
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
M. AGREEMENT TO INCLUDE AGRICULTURAL LAND
N. RELOCATION
O. STATE AND LOCAL REQUIREMENTS
P. SEVERABILITY
Q. URBAN RENEWAL PLAN AMENDMENTS
R. EFFECTIVE PERIOD
S. URBAN REVITALIZATION AREA
EXHIBITS
A. LEGAL DESCRIPTION OF AREA
B. URBAN RENEWAL AREA MAP
C. AGREEMENT TO INCLUDE AGRICULTURAL LAND
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Kettlestone Residential Urban Renewal Plan
for the
Kettlestone Residential Urban Renewal Area
City of Waukee, Iowa
A. INTRODUCTION
The Kettlestone 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 Kettlestone Residential Urban Renewal Area ("Area" or "Urban Renewal Area") is
described in Exhibit "A" and illustrated in Exhibit "B." Note: The property was previously
included in the Waukee Consolidated Urban Renewal Area but was never developed as an
urban renewal housing project and was not subject to the division of revenue within the
Waukee Consolidated Urban Renewal Area. The property was removed in 2022.
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 Kettlestone Waukee Residential Urban Renewal Area is legally established, 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 as part of this multiple phase project.
If so, the frozen base values may vary by TIF ordinance areas.
E. DEVELOPMENT PLAN
Waukee has a general plan for the development of the City as a whole outlined in the
Waukee Comprehensive Land Use Plan, adopted in 2019. "The goals and objectives and
urban renewal projects identified in this Plan are in in conformity with the 2019
Comprehensive Plan and the land use policy and priorities that were adopted as part of the
planning process. Specific housing objectives identified in the Comprehensive Plan
include, but are not limited to, maintaining a balanced housing supply with housing
available for people at all income levels and unit types that meet the varying life -cycle
needs of Waukee residents; establishing a housing pattern that respects the natural
environment while striving to meet local housing needs and the community's share of
metropolitan area housing growth; and establishing a community of well -maintained
housing and neighborhoods including ownership and rental housing.
This Urban Renewal Plan does not change or in any way replace the City's current land use
planning or zoning regulation process. Currently, the Area contains land which is zoned
K-MF Stacked High (Kettlestone Multi Family Stacked High), K-MF Stacked Med
(Kettlestone Multi -Family Stacked Medium) and K-MU (Kettlestone Mixed Use).
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 Kettlestone Residential Urban Renewal Area is to
promote new multi -family residential development. The City realizes that the availability
of housing is an important component of attracting new business and industry, responding
to new development, and retaining existing businesses.
In anticipation of employment trends and demographic projections, the City has taken the
position of providing support to increase the availability of certain market rate rental
housing opportunities in the community. After review, the City has concluded that the
City's central location, strong demographics, and the potential for major employers to
continue with steady job opportunities has resulted in verified demand for more market
rate rental housing in Waukee.
In summary, the plans presented for the Kettlestone residential development will include a
total of approximately 572 housing units with a number of amenities including 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
Kettlestone Residential area as well as other surrounding areas and completion and opening
of Kettleview Office development and Keetown Loop have and will add increased
employment opportunities which will create the need and demand to make further
investment in the City's infrastructure.
One of the priorities identified within the Comprehensive Plan is to mitigate traffic
congestion and improve traffic flow and safety in all areas of the community. With the
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addition of these new housing developments and the location of existing and proposed new
commercial development, school facilities, and recreational facilities that will serve these
new neighborhoods, it is important that the City continues to build out and improve its
transportation network for the safety and well-being of existing and new residents.
Increment generated from the Kettlestone Residential Urban Renewal Area will go towards
paying for the extension of SE Westown Parkway between Grand Prairie Parkway and SE
Waco Place/98th St, the expansion of 98th St./SE Waco Place between SE Pleasant view
Dr. to SE Westown Parkway; the construction of SE Glacier S. Trail between SE Westown
Pkwy and SE Tallgrass; and the construction of SE Tallgrass from Grand Prairie Parkway
to SE Glacier S, all of which will provide direct access from these new residential
developments to places of employment, schools, and recreation. The improvements also
include the construction of storm sewer mains, storm sewer structures, water mains, water
main fixtures, sanitary sewer mains, sanitary sewer structures, pedestrian ramps and
miscellaneous associated work.
When a City utilizes tax increment financing to support residential development, a
percentage of the incremental revenues (or other revenues) generated by the project (not to
exceed the project costs which are limited to reimbursement of "public improvement" costs
as defined by Iowa law) must be used to provide housing assistance to low or moderate
income ("LMI") individuals or families. LMI individuals or families are generally those
whose incomes do not exceed 80% of the median Dallas County income.
Unless a reduction is approved by the Iowa Economic Development Authority, the
percentage of incremental revenues used to provide LMI assistance must be at least equal
to the percentage of LMI families living in Dallas County. That percentage is currently
26.22%. ("LMI Set -Aside Fund")
The requirement to provide assistance for LMI housing may be met by one, or a
combination, of the following three options:
Providing that at least 26.22% of the units constructed in the Area are occupied by
residents and/or families whose incomes are at or below 80% of the median county
income;
• Setting aside 26.22% of the project costs for LMI housing activities anywhere in
the City; or
Ensuring that 26.22% of the houses constructed within the Area are priced at
amounts affordable to LMI families.
If funds are set aside, as opposed to constructing a sufficient percentage of LMI housing in
the Area, the assistance for low and moderate income family housing may be provided
anywhere within the City. The type of assistance provided must benefit LMI residents
and/or families and may include, but is not limited to:
1. Construction of LMI affordable housing.
2. Owner/renter-occupied housing rehabilitation for LMI residents and/or families.
3. Grants, credits or other direct assistance for LMI residents and/or families.
4. Homeownership assistance for LMI residents and/or families.
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5. Tenant -based rental assistance for LMI residents and/or families.
6. Down payment assistance for LMI residents and/or families.
7. Mortgage interest buy -down assistance for LMI residents and/or families.
8. Under appropriate circumstances, the construction of public improvements that
benefit LMI residents and/or families.
G. AREA OBJECTIVES
Renewal activities are designed to provide opportunities, incentives, and sites for new
residential development within the Area. More specific objectives for development within
the Kettlestone Residential Urban Renewal Area are as follows:
1. To increase the availability of housing opportunities, which may, in turn, attract
and retain local industries and commercial enterprises that will strengthen and
revitalize the economy of the State of Iowa and the City of Waukee.
2. To stimulate, through public action and commitment, private investment in new
housing and residential development.
3. To plan for and provide sufficient land for residential development in a manner
that is efficient from the standpoint of providing municipal services.
4. To help finance the cost of constructing public utility and infrastructure extensions
and improvements in support of new housing and residential development.
5. To provide a more marketable and attractive investment climate.
6. To improve the housing conditions and housing opportunities, including LMI
income families and/or individuals.
7. To encourage residential growth and expansion through governmental policies
which make it economically feasible to do business.
8. To promote development utilizing any other objectives allowed by Chapter 403
of the Code of Iowa.
H. TYPES OF RENEWAL ACTIVITIES
To meet the objectives of this Urban Renewal Plan and to encourage the development of
the Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter
15A, Code of Iowa including, but not limited to, tax increment financing. Activities may
include:
I . 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.
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3. To make loans, grants or rebates to developers to construct public
infrastructure on such terms as may be determined by the City Council.
4. To finance programs that will directly benefit housing conditions and
promote the availability of housing in the community.
5. To borrow money and to provide security therefor.
6. To make or have made surveys and plans necessary for the
implementation of the urban renewal program or specific urban renewal
projects.
7. 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.
8. To use tax increment for LMI housing assistance.
9. To use any or all other powers granted by the Urban Renewal Act to
develop and provide for improved economic conditions for the City of
Waukee and the State of Iowa.
I. ELIGIBLE URBAN RENEWAL PROJECTS
1. Development Agreements
A. Development Agreement with KETTLESTONE CENTRAL L.C., and CALIBER
LAND COMPANY, LLC (or related entities): The City expects to enter into a
Development Agreement (the "Agreement") with KETTLESTONE CENTRAL
L.C., and CALIBER LAND COMPANY, LLC (or related entities) (the
"Developer'), pursuant to which the Developer will construct 572 housing units
over four phases/projects with a number of amenities including garages,
recreational facilities and related parking and site improvements on certain real
property within the Urban Renewal Area ("Housing Units") along with the
extension of SE Westown Parkway between Grand Prairie Parkway and SE Waco
Place/98th St, the expansion of 98th St./SE Waco Place between SE Pleasant view
Dr. to SE Westown Parkway; the construction of SE Glacier S. Trail between SE
Westown Pkwy and SE Tallgrass; and the construction of SE Tallgrass from Grand
Prairie Parkway to SE Glacier S, all of which will provide direct access from these
new residential developments to places of employment, schools, and recreation.
The improvements also include the construction of storm sewer mains, storm sewer
structures, water mains, water main fixtures, sanitary sewer mains, sanitary sewer
structures, pedestrian ramps and miscellaneous associated work (collectively
"Infrastructure Improvements"). Upon completion and acceptance by the City, the
Infrastructure Improvements would be dedicated to the City. The City expects to
make Economic Development Grants to Developer in the form of rebates of
incremental taxes generated by the Housing Units, over a period of up to ten (10)
years per phase. The cost of such Grants are not expected to exceed the lesser of
$10,000,000 or the Qualified Costs incurred to complete the Infrastructure
Improvements. Unless LMI housing is constructed as a part of this project, the City
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will set aside an amount equal to 26.22% of the incentives provided to the
Developer from the incremental taxes generated by the Housing Units and use those
funds to support LMI housing anywhere in the community. The payment of the
Grants will be subject to annual appropriation and the terms and conditions of a
detailed Development Agreement which is still in the process of being finalized.
2. Planning, engineering fees (for urban renewal plans), attorney fees, other
related costs to support the urban renewal project and planning:
Project
Date
Estimated Cost
Fees and costs
Undetermined
Not to Exceed
$ 200,000.00.
J. FINANCIAL INFORMATION
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July 1, 2022 constitutional debt limit:
$ 127,379,974
2.
Outstanding current general obligation debt:
$ 101.657,587
3.
Proposed amount of indebtedness to be incurred: A specific amount of
$10,200,000
debt to be incurred for the Eligible Urban Renewal Projects has not yet
been determined. This document is for planning purposes only. The
This estimate does
estimated project costs in this Plan are estimates only and will be
not include
incurred and spent over a number of years. In no event will the City's
financing costs
constitutional debt limit be exceeded. The City Council will consider
which may be
each project proposal on a case -by -case basis to determine if it is in the
incurred over the
City's best interest to participate before approving an urban renewal
life of the Plan nor
project or expense. It is further expected that such indebtedness,
does it include the
including interest on the same, may be financed in whole or in part with
LMI assistance
tax increment revenues from the Urban Renewal Area. Subject to the
costs
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:
K. URBAN RENEWAL FINANCING
The City of Waukee intends to utilize various financing tools, such as those described
below, to successfully undertake the proposed urban renewal actions. The City of Waukee
has the statutory authority to use a variety of tools to finance physical improvements within
the Area. These include:
A) Tax Increment Financing.
Under Section 403.19 of the Iowa Code, urban renewal areas may utilize
the tax increment financing mechanism to finance the costs of public
improvements, economic development incentives or other urban renewal
projects. Upon creation of a tax increment district within the Area, by
ordinance, the assessment base is frozen and the amount of tax revenue
available from taxes paid on the difference between the frozen base and the
increased value, if any, is segregated into a separate fund for the use by the
City to pay costs of the eligible urban renewal projects. The increased taxes
generated by any new development, above the base value, are distributed to
on
the taxing entities, if not requested by the City, and in any event upon the
expiration of the tax increment district(s).
B) General Obligation Bonds.
Under Division III of Chapter 384 and Chapter 403 of the Iowa Code, the
City has the authority to issue and sell general obligation bonds for specified
essential and general corporate purposes, including the acquisition and
construction of certain public improvements or urban renewal projects
within the Area and for other urban renewal projects. Such bonds are
payable from the levy of unlimited ad valorem taxes on all the taxable
property within the City of Waukee. It may be the City will elect to abate
some or all of the debt service on these bonds with incremental taxes from
this Area.
In addition, the City may determine to issue general obligation bonds, tax increment
revenue bonds or such other obligations, or loan agreements for the purpose of making
loans or grants of public funds to private businesses located in the Area for urban renewal
projects. Alternatively, the City may determine to use available funds for making such
loans or grants or other incentives related to urban renewal projects. In any event, the City
may determine to use tax increment financing to reimburse the City for any obligations or
advances.
Nothing herein shall be construed as a limitation on the power of the City to exercise any
lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter
427B, or any other provision of the Code of Iowa in furtherance of the objectives of the
Urban Renewal Plan.
L. PROPERTY ACQUISITION/DISPOSITION
Other than easements and public right-of-ways, no property acquisition by the City is
anticipated at this time. However, if property acquisition/disposition becomes necessary
to accomplish the objectives of the Plan, urban renewal powers will be carried out, without
limitation, in accordance with the State of Iowa Urban Renewal Law.
M. AGREEMENTS TO INCLUDE AGRICULTURAL LAND
Because some of the area included in the Kettlestone Residential Urban Renewal Area
contains land that is defined as "agricultural land" by Iowa Code Section 403.17(3), the
property owner(s) of the agricultural land have entered (or will enter) into an agreement in
which the property owner agrees to allow the City to include real property defined as
"agricultural land" in the Urban Renewal Area. A copy of the agreement is or will be
attached as Exhibit "C". The original signed agreement will be on file at the City Clerk's
office.
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N. RELOCATION
The City does not expect there to be any relocation required of residents or businesses as
part of the proposed urban renewal project, however, if any relocation is necessary, the
City will follow all applicable relocation requirements.
O. STATE AND LOCAL REQUIREMENTS
All provisions necessary to conform to State and local laws will be complied with by the
City in implementing this Urban Renewal Plan and its supporting documents.
P. SEVERABILITY
In the event one or more provisions contained in the Urban Renewal Plan shall be held for
any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such
invalidity, illegality, unauthorization or unenforceability shall not affect any other
provision of this Urban Renewal Plan, and this Urban Renewal Plan shall be construed and
implemented as if such provisions had never been contained herein.
Q. URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal Area Plan may be amended from time to time for a number of reasons,
including, but not limited to, adding or deleting land, adding or amending urban renewal
projects, or modifying goals or types of renewal activities.
The City Council may amend this Plan in accordance with applicable State law.
R. EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City Council and
will remain in effect until it is repealed by the City Council.
With respect to the property included within the Kettlestone 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 for
each project, 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 Kettlestone Residential Urban Renewal Area.
It is also anticipated that separate TIF ordinances for separate phases/projects may be
adopted as development in the Area warrants such that property in each TIF ordinance may
have a separate base value year and the division of revenue in each TIF ordinance may
have a separate expiration date.
E.j
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 Kettlestone Residential Urban Renewal Plan shall be limited as deemed appropriate by
the City Council and consistent with all applicable provisions of law.
S. 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.
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EXHIBIT "A"
LEGAL DESCRIPTION OF KETTLESTONE RESIDENTIAL
URBAN RENEWAL AREA
Parcel 22-120 of the Plat of Survey recorded in Book 2022 Page 20744, City of
Waukee, Dallas County, Iowa (Parcel #1603100047); and,
Parcel 22-121 of the Plat of Survey recorded in Book 2022 Page 20745, City of
Waukee, Dallas County, Iowa (Parcel #1604200029); and,
Parcel 22-122 of the Plat of Survey recorded in Book 2022 Page 20745, City of
Waukee, Dallas County, Iowa (Parcel 41604200031); and,
Parcel 22-123 of the Plat of Survey recorded in Book 2022 Page 20743, City of
Waukee, Dallas County, Iowa (Parcel #1603300022); and,
Parcel A of the Plat of Survey recorded in Book 2009 Page 18393, City of Waukee,
Dallas County, Iowa, EXCEPT Parcel 22-123 of the Plat of Survey recorded in
Book 2022 Page 20743, Dallas County, Iowa and EXCEPT Parcel 19-12 of the Plat
of Survey recorded in Book 2019, Page 2401, Dallas County, Iowa (Parcel
41603300021); and,
Parcel 23-22 and 23-24 of the Plat of Survey recorded in Book 2023 Page 3367,
City of Waukee, Dallas County, Iowa and Parcel 23-37 of the Plat of Survey
recorded in Book 2023 Page 5011 which is apart of Parcel 23-22 as shown on the
Plat of Survey recorded in Book 2023, Page 3367, City of Waukee, Dallas County,
Iowa (Parcel 41604200038, 1604200035, 1604200037);
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 .
EXHIBIT "B"
MAP OF URBAN RENEWAL AREA
Exhibit B lm► Waukee
Map of Kettlestone Central Residential
Urban Renewal Area We KI Y to Quou UVINQ
EXHIBIT "C"
AGRICULTURAL LAND CONSENT
AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE
KETTLESTONE RESIDENTIAL URBAN RENEWAL AREA
WHEREAS, the City of Waukee, Iowa, (the "City") has proposed to establish the North Waukee
Residential Urban Renewal Plan ("Plan") for the North Waukee 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.
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 301" day of rn2023.
Name of Agricultural Land Owner: KETTLESTONE CENTRAL, L.C.
By:
Ehkkkn D. Jensen, Manc ger
Date: h h 12- 3
Witness'
yr.
EXHIBIT "C"
AGRICULTURAL LAND CONSENT
AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE
KETTLESTONE RESIDENTIAL URBAN RENEWAL AREA
WHEREAS, the City of Waukee, Iowa, (the "City") has proposed to establish the North Waukee
Residential Urban Renewal Plan ("Plan") for the North Waukee 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.
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 31 n' day of MO, , 2023.
Name of Agricultural Land Owner: CALIBER LAND COMPANY, LLC
By:_ 1L L
Nicholas Je a aer
Date:_ OS i0 7.0z3
Witness: