File #: 2019-3131    Name:
Type: Public Hearing - Sworn Status: Agenda Ready
File created: 11/5/2019 In control: City Council - Regular Session
On agenda: 12/3/2019 Final action:
Title: Public Hearing: Residences at Echelon Amendments to Chapter 100 Industrial Development Project.
Attachments: 1. Revised Chapter 100 Plan (Echelon), 2. Letter requesting Bond amendments, 3. Ord. No. 8069
Related files: BILL NO. 19-264
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Title

Public Hearing: Residences at Echelon Amendments to Chapter 100 Industrial Development Project.

 

Body

Issue/Request:

M-150 Echelon Land Development, LLC is the developer of the 243 unit multi-family Residences at Echelon project currently under construction on 12.6 acres immediately north of Aldersgate Methodist Church located on M-150 Hwy.  M-150 Echelon Land Development, LLC is requesting to amend the Chapter 100 Industrial Development Project to amend the Payment in Lieu of Tax (PILOT) schedule and authorize additional bond capacity in the amount of $9,000,000 for a total maximum principal amount not to exceed $36,000,000 to complete the project.  The request to amend the approved Chapter 100 Industrial Development Project is due to construction delays caused by various factors.

 

Key Issues:

M-150 Echelon Land Development, LLC is requesting to amend the current PILOT schedule to allow for one additional year for construction completion.  The current approved PILOT schedule allows for the first two year PILOTS to be nominal amounts to allow for project completion during 2017 - 2018 with 2019 PILOTS established for project completion and full occupancy.  The PILOT structure for the completed project is approved to be in place through 2028 (ten year period).  As the project is not fully completed, M-150 Echelon Land Development, LLC is requesting one additional year of nominal PILOT's to allow for project completion and occupancy prior to triggering the "full" PILOT payment for the completed project.  In summary, this would adjust the PILOT schedule by deferring the "full" PILOT payment by one year.  Provided below is a comparison of the approved PILOT schedule and the proposed/requested PILOT schedule.

 

Approved PILOT Schedule                     Proposed/Requested PILOT Schedule

YEAR                     AMOUNT                                                               YEAR                     AMOUNT

2017                     20,421                                                                                     2017                     20,421

2018                     20,421                                                                                     2018                     20,421

2019                     241,299                                                                                    2019                     20,421

2020                     241,299                                                                2020                     241,299

2021                     241,299                                                                2021                     241,299

2022                     247,331                                                                2022                     241,299

2023                     247,331                                                                2023                     247,331

2024                     247,331                                                                2024                     247,331

2025                     247,331                                                                2025                     247,331

2026                     247,331                                                                2026                     247,331

2027                     253,514                                                                2027                     247,331

2028                     253,514                                                                2028                     253,514

                                                                                                         2029                     253,514

 

In addition to adjusting the PILOT schedule to allow for completion of the project, M-150 Echelon Land Development is requesting an increase in bond capacity of $9,000,000 for a total maximum principal amount not to exceed $36,000,000.  This requested increase does not change the risk of the project for the City and only adjusts the bond amount to to cover project costs.

 

In making these adjustments, the maturity of the bonds would be exteded for one year to December 1, 2029; the term of the lease would be exteded by one year to December 1, 2029; and the term of the PILOT schedule exteded by one year through 2029.

 

Proposed City Council Motion:

No motion necessary - a proposed ordinance has been placed on the December 3, 2019 agenda for consideration.

 

Background:

On January 12, 2017 the City Council passed Ordinance No. 8069, authorizing the City to issue its Taxable Industrial Development Revenue Bonds (Residences at Echelon Project), Series 2017, in the maximum principal amount of $27,000,000 for the purpose of acquiring and improving certain real property including the construction and improvement of a luxury multi-family apartment project on the project site.  The project consists of the design and construction of a 243 unit luxury apartment development in which the company receives tax abatement under the Chapter 100 structure on the real property included in the project.  However, the company makes fixed PILOTS in accordance with the approved PILOT schedule.  The PILOT schedule was based on information provided to the Council by City staff regarding the taz payments on comparable properties at the time of consideration.  The approved PILOT amount was based on $993 per unit beginning in 2019 upon anticipated project completion.

 

Presenter

Mark Dunning, Assistant City Manager

David Bushek, Chief Counsel of Economic Development & Planning

Kimberly Spies, Rouse Frets White Goss Gentile Rhodes, P.C.

Jake Loveless, M-150 Echelon Land Development, LLC