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
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- r Waukee City Limits
Parcels
- Residentual URA
- Amendment 1 - Property to REMOVE