Loading...
HomeMy WebLinkAbout2023-11-06 Resolution 2023-463_Urban Renewal Plan, North Waukee Residential Amendment 1RESOLUTION NO. 2023-463 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 AMENDMENT NO. 1 TO THE NORTH WAUKEE RESIDENTIAL URBAN RENEWAL PLAN 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 '/2 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 #1228200006, 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 2018, 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 91228480003, 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 #1227379003); 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 #6) AS IT IS PRESENTLY ESTABLISHED, THENCE S891136'52"W, 50.00 FEET ALONG THE SOUTH LINE OF SAID OUTLOT 'B' AND SAID NORTH RIGHT-OF- WAY LINE TO A POINT; THENCE N00°1035"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 N00°10'35"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 N 11 °29' 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 THE 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 101-120, 201-220 and 301-320 (Parcel 41227453001-1227453060); Bricktowne Prairie Crossing Condominiums Building 3, Units 101-120, 201-220 and 301-320 (Parcel 41227453061 — 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, a proposed Amendment No. 1 to the Plan ("Amendment No. 1" or "Amendment") for the Urban Renewal Area described above has been prepared, which proposed Amendment has been on file 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, by resolution adopted on October 2, 2023, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No. 1 and the division of revenue described therein, and that notice of the consultation and a copy of the proposed Amendment No. 1 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, filed 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 Amendment No. 1 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 Amendment No. 1, 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 Amendment No. 1 concerning the area of the City of Waukee, State of Iowa, described in the preamble hereof, be and the same are hereby ratified and confirmed in all respects 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 Plan, as amended, and Amendment No. 1, conform 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, as amended, continues to be 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 403, 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 Amendment No. I to the North Waukee Residential Urban Renewal Plan of the City of Waukee, State of Iowa, attached hereto as Exhibit I and incorporated herein by reference, be and the same is hereby approved and adopted as "Amendment No. 1 to the North Waukee Residential Urban Renewal Plan for the City of Waukee, State of Iowa"; Amendment No. 1, including all of the exhibits attached thereto, is hereby in all respects approved; and the City Clerk is hereby directed to the a certified copy of Amendment No. I with the proceedings of this meeting. Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, Amendment No. 1 shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. The proposed Amendment No. I 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. Section 6. That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment No. 1, as well as all resolutions previously adopted by this City Council related to the Plan be and the same are hereby ratified, confirmed and approved in all respects. PASSED AND APPROVED this 6 h day of November, 2023. ATTEST: City Clerk RESULTS OF VOTE: AYE Anna Bergman Pierce R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X Mayor NAY ABSENT ABSTAIN X 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 PAGE A. INTRODUCTION 1 B. DESCRIPTION OF THE URBAN RENEWAL AREA 2 C. DEVELOPMENT PLAN 2 D. UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECTS 2 E. FINANCIAL INFORMATION F. REPEALER AND SEVERABILITY 4 G. EFFECTIVE PERIOD 4 EXHIBITS A. LEGAL DESCRIPTION OF AREA B. URBAN RENEWAL AREA MAP 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 identifies 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 PR"-1FCTC 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 $1001,000 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. 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 frorn 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 be 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. I 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 Amendment#1 to North Waukee Residential URA ►TA VC/aukee AWN THE KEY TO GOOD LIVING I I _ Imo- - Legend I , - r Waukee City Limits Parcels - Residentual URA - Amendment 1 - Property to REMOVE