HomeMy WebLinkAbout2023-10-02 Resolution 2023-436_Set Public Hearing Date, Urban Renewal Plan, North Waukee Residential Amendment 1RESOLUTION NO. 2023-436
RESOLUTION SETTING DATES OF A
CONSULTATION AND A PUBLIC HEARING ON A
PROPOSED AMENDMENT NO. 1 TO THE NORTH
WAUKEE RESIDENTIAL URBAN RENEWAL PLAN IN
THE CITY OF WAUKEE, STATE OF IOWA
WHEREAS, by Resolution No. 2020-429, adopted November 16, 2020, this
Council found and determined that certain areas located within the City are eligible and
should be designated as an urban renewal area under Iowa law, and approved and adopted
the North Waukee Residential Urban Renewal Plan (the "Plan" or "Urban Renewal Plan")
for the North Waukee Residential Urban Renewal Area (the "Area" or "Urban Renewal
Area") described therein, which Plan is on file in the office of the Recorder of Dallas
County; and
WHEREAS, this Urban Renewal Area currently includes and consists of:
NW %4 of the NW '/4 of Section 27, Township 79N, Range 26W, City of
Waukee, Dallas County, Iowa except Alyvia Plat 1, Corrected Fox Creek
Estates Plat 6 and Parcel 17-179 as recorded in a Plat of Survey in Book
2017 at Page 8443 now known as Fox Creek Estates Plat 9, City of Waukee,
Dallas County, Iowa and including the adjoining east half of right of way
of Warrior Lane (Parcel #1227100018); and,
SW '/4 of the NW '/4 of Section 27, Township 79N, Range 26W, City of
Waukee, Dallas county, Iowa except Fox Creek Estates Plats 1, 4, 5 and
Corrected Fox Creek Estates Plat 6 and including the adjoining east half of
right of way of Warrior Lane (Parcel 41227100016); and,
E % of the NE, '/4 of Section 28, Township 79N, Range 26W, City of
Waukee, Dallas County, Iowa except Parcel AA as shown in a Plat of
Survey recorded in Book 2013 at Page 721, City of Waukee, Dallas County
Iowa and including the adjoining west half of right of way of Warrior Lane
(Parcel 41228200006, 1228200005); and,
NE '/4 of the SE '/4 of Section 28, Township 79N, Range 26W, except that
property platted as Indi Run Plats 1-3 and except Parcels 18-144 and 18-
147 in the Plat of Survey recorded in Book 20181, Page 23747 now known
as the The Commons at Greenway Plat 1, City of Waukee, Dallas County,
Iowa (Parcel #1228400028); and,
Lot 1 and Lot A of The Commons at Greenway Plat 1, an Official Plat, City
of Waukee, Dallas County, Iowa (Parcel 41228480003, 1228480006); and,
Lots A and B of Waukee Greenway Park Plat 1, an Official Plat, City of
Waukee, Dallas County, Iowa (Parcel 1228477002); and,
Lots B and C of Enterprise Business Park Plat 1, an Official Plat, City of
Waukee, Dallas County, Iowa (Parcel 41227352001); and,
Lot A of Enterprise Business Park Plat 2, an Official Plat, City of Waukee,
Dallas County, Iowa (Parcel 41227355004); and,
Lots A and B of Enterprise Business Park Plat 3, an Official Plat, City of
Waukee, Dallas County, Iowa (Parcel #1227378005); and,
Lot A of Fridley Palms Plat 1, an Official Plat, City of Waukee, Dallas
County, Iowa (Parcel 41227379003); and,
A PARCEL OF LAND IN THE EAST 50.00 FEET OF OUTLOT `B', THE
POINT PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2003,
PAGE 15821 AT THE DALLAS COUNTY RECORDER'S OFFICE,
CITY OF WAUKEE, DALLAS COUNTY, IOWA. THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF SAID OUTLOT 'B', SAID SE
CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF
HICKMAN ROAD (US HIGHWAY 46) AS IT IS PRESENTLY
ESTABLISHED, THENCE S89036'52"W, 50.00 FEET ALONG THE
SOUTH LINE OF SAID OUTLOT 'B' AND SAID NORTH RIGHT-OF-
WAY LINE TO A POINT, THENCE N00°10 35"E, 257.95 FEET ALONG
A LINE THAT IS 50.00 FEET WEST OF AND PARALLEL TO THE
EAST LINE OF SAID OUTLOT 'B' TO A POINT; THENCE
N05000'51 "E, 118.57 FEET TO A POINT THAT IS 40.00 FEET WEST
OF THE EAST LINE OF SAID OUTLOT 'B'. THENCE N00010'35"E,
429.39 FEET ALONG A LINE THAT IS 40.00 FEET WEST OF AND
PARALLEL TO THE EAST OF SAID OUTLOT 'B' TO POINT OF
CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 320.00 FEET AND A CHORD
BEARING N11029'10"E, AN ARC LENGTH OF 126.33 FEET TO A
POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG
A CURVE TO THE LEFT HAVING A RADIUS OF 265.00 FEET AND
A CHORD BEARING N17003'36"E, AN ARC LENGTH OF 53.06 FEET
TO A POINT ON THE EAST LINE OF SAID OUTLOT 'B'; THENCE
S00010'35"W, 978.76 FEET ALONG THE EAST LINE OF SAID
OUTLOT'B' TO TI IE POINT OF BEGINNING AND CONTAINING 0.91
ACRES (39,650 SQUARE FEET) as recorded in Acquisition Plat at 2013
Page 18714, City of Waukee, Dallas County, Iowa; and,
Lot A of Prairie Crossing Plat 3, an Official Plat, City of Waukee, Dallas
County, Iowa (Parcel #1227410006); and,
Outlot Z of Prairie Crossing Plat 7, an Official Plat, City of Waukee, Dallas
County, Iowa (Parcel #1227451001); and,
Lot 1 through Lot 6 of Bricktowne at Prairie Crossing Plat 1, an Official
Plat, City of Waukee, Dallas County, Iowa (Parcel #1227452001-
1227452006); Lots 2 through 5 of Bricktowne at Prairie Crossing Plat 1
have been reclassified as Bricktowne Prairie Crossing Condominiums and
shall include the following buildings and units:
Bricktowne Prairie Crossing Condominiums Building 2, Units 101-1201,
201-220 and 301-320 (Parcel #1227453001-1227453060);
Bricktowne Prairie Crossing Condominiums Building 3, Units 101-120,
201-220 and 301-320 (Parcel #1227453061 — 1227453120);
Bricktowne Prairie Crossing Condominiums Building 5, Units 101-120,
201-220 and 301-320 (Parcel 1227453121 — 1227453180);
Bricktowne Prairie Crossing Condominiums Clubhouse (Parcel
1227453181);
Bricktowne Prairie Crossing Condominiums Garages (Parcel 1227453182).
WHEREAS, City staff has caused there to be prepared a form of Amendment No.
1 to the Plan ("Amendment No. 1" or "Amendment"), 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 remove land from the Urban Renewal Area and to
add and/or confirm the list of previously approved projects and the list of eligible urban
renewal projects; and
WHEREAS, it is desirable that the area be redeveloped as part of the overall
redevelopment covered by the Plan, as amended; and
WHEREAS, this proposed Amendment No. 1 removes the following land from the
Urban Renewal Area:
Outlot Z of Prairie Crossing Plat 8, an Official Plat, City of Waukee, Dallas
County, Iowa (Parcel #1227454003)
WHEREAS, the Iowa statutes require the City Council to notify all affected taxing
entities of the consideration being given to the proposed Amendment No. 1 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 Amendment No. 1 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 Amendment 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 Amendment No. I required by
Section 403.5(2), Code of Iowa, as amended, shall be held on October 9, 2023, 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
Amendment No. 1, 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 AMENDMENT NO. 1
TO THE NORTH WAUKEE 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), Code of Iowa, as amended, commencing at 2:00
P.M. on October 9, 2023, in the Council Chambers, City Hall, 230 West Hickman Road,
Waukee, Iowa concerning a proposed Amendment No. 1 to the North Waukee Residential
Urban Renewal Plan for the North Waukee Residential 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 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 Urban Renewal Area, and the duration of any bond
issuance included in the Amendment.
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 Amendment No. 1 to the North Waukee 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, Code of Iowa, as amended.
Dated this 3ra day of October, 2023.
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 Amendment No. 1
before the City Council at its meeting which commences at 5:30 P.M. on
November 6, 2023, 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 AMENDMENT NO. 1 TO
THE NORTH WAUKEE RESIDENTIAL URBAN
RENEWAL PLAN FOR AN 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 6, 2023 in the
Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, to consider
adoption of a proposed Amendment No. 1 to the North Waukee Residential Urban Renewal
Plan (the "Amendment") concerning an Urban Renewal Area in the City of Waukee, State
of Iowa.
Amendment No. 1 is proposed to remove the following land from the Urban
Renewal Area:
Outlot Z of Prairie Crossing Plat 8, an Official Plat, City of Waukee, Dallas
County, Iowa (Parcel 41227454003)
A copy of the Amendment 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
Amendment is approved, shall undertake the urban renewal activities described in such
Amendment.
The general scope of the urban renewal activities under consideration in the
Amendment 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 Amendment. To accomplish the
objectives of the Amendment, and to encourage the further economic development of the
Urban Renewal Area, the Amendment 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
Amendment 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 Amendment updates
specific public infrastructure or site improvements to be undertaken by the City, and
provides that the Amendment may be amended from time to time.
The proposed Amendment No. 1 would remove land from the Urban Renewal Area
and add and/or confirm the list of previously approved projects and the list of eligible urban
renewal projects.
Other provisions of the Plan not affected by the Amendment would remain in full
force and effect.
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 2nd day of October, 2023.
Rebecca D. Schuett
City Clerk, City of Waukee, State of Iowa
(End of Notice)
Section 5. That the proposed Amendment No. 1, attached hereto as Exhibit 1, for
the Urban Renewal Area described therein is hereby officially declared to be the proposed
Amendment No. 1 referred to in the notices for purposes of such consultation and hearing
and that a copy of the Amendment shall be placed on file in the office of the City Clerk.
PASSED AND APPROVED this 2"d day of October, 2023.
ATTEST:
Y" i0,
City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
i
Mayor
NAY ABSENT ABSTAIN
AMENDMENT NO. 1
to the
NORTH WAUKEE
RESIDENTIAL
URBAN RENEWAL PLAN
for the
NORTH WAUKEE
RESIDENTIAL
URBAN RENEWAL AREA
WAUKEE, IOWA
2020
Amendment No. 1 — 2023
TABLE OF CONTENTS
SECTION
A. INTRODUCTION
B. DESCRIPTION OF THE URBAN RENEWAL AREA
C. DEVELOPMENT PLAN
D. UPDATE TO PREVIOUSLY APPROVED
URBAN RENEWAL PROJECTS
E. FINANCIAL INFORMATION
F. REPEALER AND SEVERABILITY
G. EFFECTIVE PERIOD
EXHIBITS
A. LEGAL DESCRIPTION OF AREA
B. URBAN RENEWAL AREA MAP
PAGE
1
2
2
2
3
4
4
Amendment No. 1 to North Waukee Residential Urban Renewal Plan
for the
North Waukee Residential Urban Renewal Area
City of Waukee, Iowa
A. INTRODUCTION
The City of Waukee, Iowa (the "City") adopted the North Waukee Residential Urban
Renewal Plan ("Plan" or "Urban Renewal Plan") by Resolution No. 2020-429 on
November 16, 2020 in order to establish the North Waukee Residential Urban Renewal
Area ("Urban Renewal Area" or 'Area") and help local officials respond to and promote
economic development in the City of Waukee (the "City"). The primary goal of the Plan
was 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 determined that there was 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.
The Plan is being amended by this Amendment No. 1 ("Amendment") to remove real estate
within the Area that is undeveloped and zoned for commercial use to the extent described
hereinafter, and to add and/or confirm the list of previously approved projects and the list
of eligible urban renewal projects.
The material changes made by this Amendment No. 1 are the following:
• The removal from the Area of the property described as Amendment No. 1 Area
Removal;
• Updating and revising Previously Approved Urban Renewal Projects;
• Updating and revising Financial Data;
• Exhibit A contains a legal description of the property being removed by this
amendment ("Amendment No. 1 Area Removal");
• Exhibit B contains a Map of the North Waukee Residential Urban Renewal Area
and identities the Amendment No. 1 Area Removal.
Except as modified by this Amendment, the provisions of the Urban Renewal Plan are
hereby ratified, confirmed, and approved and shall remain in full force and effect as
provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall
control. Any subsections in the Plan not mentioned in this Amendment shall continue to
apply to the Plan, as amended.
B. DESCRIPTION OF THE URBAN RENEWAL AREA, AS AMENDED
The legal description of the property being removed from the North Waukee Residential
Urban Renewal Area by this Amendment is attached hereto as Exhibit "A". A map of the
Area showing the Amendment No. 1 Area Removal is attached as Exhibit "B".
C. 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 urban renewal projects
identified in the Plan, as amended by this Amendment, are in conformity with the 2019
Comprehensive Plan and the land use policy and priorities that were adopted as part of the
planning process.
This Amendment does not change or in any way replace the City's current land use planning
or zoning regulation process.
The need for improved traffic, public transportation, public utilities, recreational and
community facilities, or other public improvements within the Urban Renewal Area is set
forth in the Plan, as amended. As the Area develops, the need for public infrastructure
extensions and upgrades will be evaluated and planned for by the City.
D. UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL
PROJECTS
Some urban renewal projects were authorized prior to the date of this Amendment No. 1.
These previously authorized projects include but are not limited to the following projects
which have been initiated and are continuing:
1. Public Improvements in Residential Development:
Public Improvement
Project(s)
Bond Reference
Balance as of July
1, 2023
Douglas Parkway Extension
from NE Badger Lane to N
Warrior Lane including
2021 A/B
$5,879,750.00
construction of two travel
GO Urban Renewal
lanes, turning lanes, utilities
(water, sewer, storm, gas),
traffic signalization, trails,
sidewalks, landscaping, etc.
including associated
engineering, land acquisition
and other related costs.
Douglas Parkway
Culvert/Bridge Construction to
allow for extension of Douglas
2022 A
$1,763,213.00
Parkway from N Warrior Lane
GO Urban Renewal
to NW 4"' Street.
TOTAL
$7,642,963.00
Unless LMI housing is constructed in the Northern Waukee Residential Urban Renewal
Area, the City will set aside a minimum of 26.22% 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. As an example,
if the construction costs for the public improvements total at least $100,000 and if
incremental taxes of $100,000 are generated from the construction of multi -residential
housing units in the Northern Waukee Residential Urban Renewal Area (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 $26,220. The balance of $73,780 in
incremental taxes could be used to reimburse the City for construction costs of the public
improvements described above under No. 1 or planning, legal, and related project costs
(listed in No. 2 below).
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
$ 100,000.00.
E. FINANCIAL INFORMATION
L
July 1, 2023 constitutional debt limit:
$ 143,651,362
2.
Outstanding current general obligation debt:
$ 108,167,173
3.
Proposed amount of indebtedness to be incurred (Amendment No. 1):
$7,742,963.00
A specific amount of debt to be incurred for the Updated Previously
Approved Urban Renewal Projects (Amendment No. 1) has not yet
This estimate does
been determined. This document is for planning purposes only. The
not include
estimated project costs in this Plan are estimates only and will be
financing costs
incurred and spent over a number of years. In no event will the City's
which may be
constitutional debt limit be exceeded. The City Council will consider
incurred over the
each project proposal on a case -by -case basis to determine if it is in the
life of the Plan nor
City's best interest to participate before approving an urban renewal
does it include the
project or expense. It is further expected that such indebtedness,
LMI assistance
including interest on the same, may be financed in whole or in part with
costs
tax increment revenues from the Urban Renewal Area. Subject to the
foregoing, it is estimated that the cost of the Updated Previously
Approved Urban Renewal Projects as described above will !E�::7
approximately as stated in the next column:
F. REPEALER AND SEVERABILITY
Any parts of the Urban Renewal Plan in conflict with this Amendment No. 1, are hereby
repealed.
In the event one or more provisions contained in the Urban Renewal Plan or this
Amendment No. 1 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 the Urban Renewal Plan or this
Amendment No. 1, and the Urban Renewal Plan and this Amendment No. 1 shall be
construed and implemented as if such provisions had never been contained herein.
G. EFFECTIVE PERIOD
This Amendment will become effective upon its adoption by the City Council and will
remain in effect until it is repealed by the City Council.
This Amendment does not change the time period for the division of revenue as described
in the Plan.
EXHIBIT "A"
Amendment No. 1 Area Removal to be removed from North Waukee Residential
Urban Renewal Area
Outlot Z of Prairie Crossing Plat 8, an Official Plat, City of Waukee, Dallas County, Iowa
(Parcel # 1227454003 )
EXHIBIT "B"
MAP OF URBAN RENEWAL AREA IDENTIFYING PROPERTY
REMOVED BY AMENDMENT NO. 1
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