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HomeMy WebLinkAboutA045 - First reading of ordinance relating to establishing the Urban Revitalization Plan for Southeast 5th StreetTo:Mayor & City Council From:Planning & Housing Date:May 23, 2025 Subject:Urban Revitalization Area Item No. 48 MEMO City Council held a public hearing for the SE 5 th Street Urban Revitalization Area (URA) on May 13 for review and approval of the URA Plan for property located at 329 Southeast 5th Street and 320 South Duff Avenue. However, the ordinance that creates the URA in the City Code was not attached to the item at that meeting. Therefore, the first reading of the ordinance did not take place. The ordinance has been prepared as attached and is now presented for approval of first reading. ATTACHMENT(S): Ordinance URA (FurnUSA-Target).PDF Council Action Form from May 13, 2025.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 1 S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E Return document to:City Clerk, 515 Clark Avenue, Ames IA 50010 Document prepared by:Mark O. Lambert. City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010 –515-239-5146 ORDINANCE NO. ______ AN ORDINANCE TO DESIGNATE URBAN REVITALIZATION AREA PLAN FOR PROPERTIES LOCATED AT 329 SE 5TH STREET AND 320 SOUTH DUFF AVENUE BE IT ENACTED by the Ames City Council for the City of Ames, Iowa, that: Section One. The legal description of the Urban Revitalization Plan for properties located at 329 SE 5th Street and 320 South Duff Avenue are as follows: PARCEL “AG”, PART OF THE SOUTH HALF (S1/2) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION ELEVEN (11), TOWNSHIP EIGHTY-THREE (83) NORTH, RANGE TWENTY-FOUR (24) WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AS SHOWN ON THE “PLAT OF SURVEY” FILED IN THE OFFICE OF THE RECORDER, STORY COUNTY, IOWA, ON JANUARY 27, 2006, AS INST. NO. 06-01039, SLIDE 269, PAGE 5 AND, LOTS 2 AND 3 OF TARGET ADDITION, CITY OF AMES, STORY COUNTY, IOWA, PLATTED AND RECORDED IN INSTRUMENT NUMBER 98-12400, STORY COUNTY IOWA, DESCRIBED AS FOLLOWS: 2 BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.; THENCE S 00°19’30” E, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 171.22 FEET; THENCE N 90°00’00” W, 540.87 FEET; THENCE S 00°00’00” W, TO THE NORTH RIGHT-OF-WAY LINE OF SOUTHEAST 5TH STREET A DISTANCE OF 443.48 FEET; THENCE N 89°58’35 W, ON SAID NORTH RIGHT- OF-WAY LINE, 73.93 FEET; THENCE N 00°59’31” W, ON THE EAST LINE OF THE WEST 699.5 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 443.52 FEET; THENCE N 90°00’00” W, TO THE WEST LINE OF THE EAST 224.5 FEET OF THE WEST 544.5 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE 380.43 FEET; THENCE N 00°32’30” W, ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 11 AND A CORNER OF LOT 3 IN THE SUBDIVISION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11 , A DISTANCE OF 182.81 FEET; THENCE N 89°08’11” W, ALONG THE SOUTH LINE OF SAID LOT 3 TO THE EAST RIGHT-OF-WAY LINE OF DUFF AVENUE, A DISTANCE OF 279.49 FEET; THENCE N 00°32’24” W, ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT 1 IN TARGET ADDITION, A DISTANCE OF 70.82 FEET; THENCE S 90°00’00” E, ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF SAID LOT 1, A DISTANCE OF 302.92 FEET; THENCE N 00°32’30” W, ALONG THE EAST LINE OF SAID LOT 1 TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTHEAST 3RD STREET, A DISTANCE OF 205.51 FEET; THENCE S 90°00’00” E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 39.16 FEET; THENCE N 84°21’30” E, ON SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 101.72 FEET; THENCE S 90°00’00” E, ON SAID SOUTH RIGHT-OF-WAY TO THE NORTHEAST CORNER OF SAID LOT 3, A DISTANCE OF 686.85 FEET; THENCE S 00°00’00” E, ON THE EAST LINE OF SAID LOT 3, A DISTANCE OF 300.61 FEET; THENCE S 89°26’43” E, A DISTANCE OF 155.58 FEET TO THE POINT OF BEGINNING. is hereby designated, pursuant to Chapter 404, Code of Iowa, as the Urban Revitalization Plan Area. Section Two. All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. 3 Passed this day of , 2025. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 4 ITEM #:54 DATE:05-13-25 DEPT:P&H SUBJECT:PUBLIC HEARING ON ESTABLISHING AN URBAN REVITALIZATION AREA AND PLAN FOR PROPERTIES LOCATED AT 329 SE 5TH STREET AND 320 SOUTH DUFF AVENUE COUNCIL ACTION FORM BACKGROUND: City Council reviewed a draft Urban Revitalization Area (URA) at its March 25 City Council meeting. Council set a date of hearing for May 13 to consider approval of the URA and Plan. Additionally, Council directed staff to follow up with Furniture Mart representatives regarding establishment of a pedestrian easement at the northwest corner of the site in coordination with Target. Furniture Mart USA has requested Council initiate creation of an Urban Revitalization Area (URA) for the property located at 329 SE 5th Street to enable Furniture Mart USA to qualify for partial Commercial Property Tax Abatement. There are two properties designated as the applicable area for the URA boundary, which include the future Furniture Mart site property at 329 SE 5th Street and the neighboring Target (Dayton Hudson Corporation) property at 320 South Duff Avenue abutting the Furniture Mart site to the west and north. The Target property provides an access drive to the Furniture Mart site. (See Attachment A- Location Map) City Council determined that proving a partial property tax abatement incentive for a furniture store would achieve an economic development to resolve an opportunity gap of lost furniture sales to establishments outside of Ames, a substantial sales tax leakage category. To provide economic development incentives, the Council must enact an ordinance to establish an Urban Revitalization Area and approve by resolution a Plan as prescribed by Iowa Code Chapter 404. Specifically, eligibility criteria of Section 404.1 (4) allow for a City to designate an area for economic development. Chapter 404 prescribes the requirements of a URA Plan that are summarized herein and included fully within the attached draft Plan. The draft Plan includes two properties because under state law an 'Area' must encompass more than one property. Staff recommends including the neighboring Target property, as it is not separated by roads and is zoned Highway Oriented Commercial (HOC), as is 329 SE 5th Street. Based upon other criteria in the Plan for new construction of a furniture store, the URA will otherwise have no effect on the Target property or its operations. The URA Plan will have a short duration to encourage the expeditious construction of a furniture store. The Plan will terminate on April 1, 2027. The Plan includes criteria for Qualifying Real Estate to be eligible for a five-year partial property Tax Abatement schedule. Eligibility includes: New Construction of a furniture store building of at least 90,000 square feet. A minimum of 81,000 square feet of the building must be used for the display and sale of new furniture, home furnishings, and related items. The improvements must be consistent with approved Site Plans, have a building permit issued by December 31, 2025, and have a certificate of occupancy by December 31, 2026. 15 The economic incentive is partial property tax abatement schedule of: Year 1- 100% Year 2- 80% Year 3- 60% Year 4- 40% Year 5- 20%. PEDESTRIAN EASEMENT: At the March meeting Council discussed options to improve pedestrian access along the west side of the site, which abuts Target's driveway that extends to SE 5th Street. A full sidewalk improvement was determined to not be feasible at this time as it would require use of Target's property, which is not a party to the application. Troy Eichmann of Furniture Mart indicated to Council a willingness to consider an easement suggested by staff to improve access to a CyRide stop on Target property. Staff has been in contact with Mr. Eichmann since the last Council meeting and reviewed a schematic pedestrian crossing for the northeast corner with him. Although the design is likely acceptable to Furniture Mart, a final easement agreement has not yet been completed. Furniture Mart has requested staff make contact with Target and continue to work on the concept with them, preferring to provide an easement if Target consents as well. Based upon timing, staff indicated that may or may not work and an easement could be drafted that is conditional if necessary to secure an option now for the sidewalk crossing that could eventually be coordinated with Target at future date when Target triggers site improvements. Staff will provide an additional update to Council prior to third reading and approval of the URA. ALTERNATIVES: 1. Approve on first reading an ordinance designating the URA and approving a resolution for the URA Plan as proposed. 2. Direct staff to modify the proposed URA Plan and place on a future agenda for approval. 3. Decline to approve the URA and Plan. CITY MANAGER'S RECOMMENDED ACTION: Staff has prepared the proposed URA as directed by City Council in March and taken the necessary notification and publication actions to bring this item to Public Hearing. No changes to the draft have been made. At the time of writing of the report no public comments have been made to staff about the proposal. Council agreed that creation of an Urban Revitalization Area (URA) could be justified to help incentivize construction of a furniture store in the community to address this sales leakage. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Attachment A- 329 SE 5th Street Location URA Map.pdf Attachment B- Urban Revitalization Plan 329 SE 5th.pdf 26 HOC A S-GA S DUFF AVE SE 5TH ST SE 3RD ST 329 SE 5th Street Urban Revitilization Area´ 329 SE 5th St reet Proposed URA (Shaded) 37 URBAN REVITALIZATION PLAN SOUTHEAST 5th STREET Iowa Code 404 allows for a City to address revitalization needs of the community through a process of designating revitalization areas. The purpose for revitalization includes economic development. The primary purpose of the plan is to meet economic development goals of the City Council for this area of City that is planned for commercial development provide a partial property abatement incentive for qualified real estate that is consistent with the criteria of the approved plan related to new construction of a retail furniture store. The portion of the Act codified at Section 404.1 of the Iowa Code provides that the City Council may, by ordinance, designate an area of the city as a revitalization area, specifically in subsection (4) for economic development. The following is the Urban Revitalization Plan for the Southeast 5th Street Urban Revitalization Area. The plan contents are defined by Code of Iowa Section 404.2(2) and are provided below. a) Legal Description: SECTION:11 TOWNSHIP:83 RANGE:24 PARCEL AG S1/2 NE SLIDE 269 PG 5 AMES AND TARGET ADDITION LOTS 2 & 3 b) Existing Valuations: Address Parcel Identification Number Owner Assessed Valuation Land Assessed Valuation Buildings 329 SE 5th Street 0911275100 Furn USA IA LLC $504,000 $0 320 South Duff Avenue 0911210020 Dayton Hudson Corporation $4,649,500 $7,581,800 c) Owners and Addresses: Address Parcel Identification Number Owner Owner Address 329 SE 5th Street 0911275100 Furn USA IA LLC 140 E Hinks Ln, Sioux Falls, SD 57104 320 South Duff Avenue 0911210020 Dayton Hudson Corporation Dayton Hudson Corporation, PO Box 9456 Minneapolis, MN 55440 d) Existing & Proposed Land Use: Address Existing Zoning Existing Land Use Proposed Land Use 329 SE 5th Street Commercial-HOC Vacant Commercial 320 South Duff Avenue Commercial-HOC Commercial Commercial 48 URA District Boundaries e) City Services: City services are already available to the area. No improvement or expansions of City services are proposed by the City for the area. f) Applicability of Revitalization: Revitalization shall be applicable only to that subset of eligible property within the above legal description zoned commercial and are otherwise Qualified Real Estate for new construction of a building that meets the Qualifying Eligibility Criteria of this Plan. 59 g) Relocation: The plan does not require the displacement of any persons, and there will be no relocation benefits provided. h) Tax Exemption Schedule: The exemption period is for five (5) years per a sliding scale of abatement of improvement value as Year 1-100%; Year 2-80%; Year 3 - 60%; Year 4- 40 %; Year 5 -20%. i) Percent Increase in Value Required: The value-added requirement is a fifteen (15) percent increase in actual value. j) Federal, State, or Private Grant/Loan Programs for Residential Improvements: There are no residential improvements proposed. k) Duration: The Plan shall expire on April 1, 2027. All projects seeking tax abatement approval consistent with this Plan must be completed by December 31, 2026 and have filed an application with the Planning and Housing Department by February 1, 2027. Any project approved for tax abatement as being consistent with this Plan prior to the expiration of the Plan will continue to receive property tax abatement per the approved exemption schedule in accordance with state law. Additional Qualifying Criteria In order to be determined to be Qualified Real Estate the improvements must be in compliance with these additional Criteria during the life of the tax abatement. 1. A furniture store building of at least 90,000 square feet. For purposes of a meeting the definition as a furniture store, a minimum 81,000 square feet of the gross floor area must be used for the display and sale of new furniture, home furnishings and related items. 2. The building must conform to an approved Site Development Plan, including any approved landscape plan (reso. #____ , and have received a certificate of occupancy from the City of Ames prior to December 31, 2026. 3. A building permit must be issued for the project by the City of Ames prior to December 31, 2025. 610