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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 _g�A*bft Waukee Amendment#1 to North Waukee Residential URA ,.-:� vvaukee E KEY O GOOD U ING -jnu:- `�,i - � {j ILL !i -- ---------