Loading...
05-28-15 SCC_ TIF RequestMP,n-4--v,)) To: Lori Johnson, City of Otsego From: Mark Ruff and Nick Anhut, Ehlers Date: May 14, 2015 Subject: Financial and "But For" Analysis for Apartment TIF Request The City has received a request for $6,900,000 of tax increment assistance for the rental housing portion of the Riverbend North development which consists of two phases of 80 units per phase of rental apartments and approximately 11,000 square feet of commercial buildings on a total of 13.1 acres. This memo is intended to discuss the following: ■ Background on and amount of tax increment financing ("TIF") projected for this project ■ Our review of the underlying economics of the development and its "need" for assistance ■ Options for the Council to consider if it moves forward Background on TIF and TIF Projections Tax increment financing is a tool available for cities and counties to utilize for new developments that demonstrate a financial need for assistance. The underlying justification for the use of TIF is the "but for" test. This means that the Council must make a finding that the project as proposed would not be feasible without the use of public resources. The TIF statutes (Minnesota Statutes, Section 469.174 to 469.179) do not dictate how such a finding is made, particularly for a housing development. The State does regulate TIF indirectly through the Office of the State Auditor's TIF Division, but this regulation focuses more on proper accounting of TIF dollars and compliance with the TIF statutes once the project is in place. The State rarely questions a council's rationale for how much TIF is necessary. There are many approaches to the but for finding, which we will discuss in more detail in this memo. There is also great flexibility in the "business deal" or negotiation on how much TIF can be directed to a project. The Council does not need to give a development all of the available TIF. The Council has discretion to reject a request for TIF or it can offer a maximum amount of TIF based on reimbursement for certain costs, based upon a certain dollar amount overall, and/or based upon a maximum number of years. Because there is financial assistance offered, the Council also has the ability to make assistance conditional upon compliance with other factors such as construction completion by a certain date, certain types of units constructed, and/or a higher level of quality in the exterior of buildings or landscaping than is required under the zoning code. EHLERS LEADERS IN PUBLIC FINANCE www.ehlers-inc.com Minnesota phone 651-697-8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122 toll free 800-552-1171 The first step we recommend in evaluating a TIF request is to determine how much TIF is available. TIF itself is not complex, but the property tax system in Minnesota increases the complexity of the tool. Our estimates for the first phase of 80 apartments only, indicate that the TIF will be approximately $119,000 per year, as shown in the chart below. TIF does not capture the taxes attributable to the base (existing land) value nor does TIF capture taxes paid to the State for commercial property or for market value taxes such as school district operating referenda. Total Property Taxes 137,143 less State-wide Taxes 0 less Fiscal Disp. Adj. 0 less Market Value Taxes (15,195) less Base Value Taxes (2,658) Annual Gross TIF 119,290 The developer has requested that the TIF district include all of the 13.1 acres. If all of this proposed commercial and housing development occurred and were captured in the TIF district, the total TIF per year is estimated to be $259,457 per year. Total Property Taxes 309,090 less State-wide Taxes (12,659) less Fiscal Disp. Adj. 0 less Market Value Taxes (31,687) less Base Value Taxes (5,316) Annual Gross TIF 259,427 The developer has requested the full 26 years of tax increment in today's dollars of $6,900,000. It is our estimate that the total amount of TIF with all commercial and apartments included would be $6,300,000, or $3,150,000 in today's (financeable) dollars at a 5% interest rate with no inflation. The request is for pay-as-you-go assistance, meaning the developer is responsible for paying all of the costs up -front and would receive TIF payments over time. No City bonds or direct loans would be involved in the transaction. The developer will finance the costs and receive a semi- annual payment from the TIF received by the City. If the TIF decreases, the developer receives less. If the TIF increases, the City is not obligated to pay more than the original amount approved. TIF Housing Districts There are many ways to qualify for a TIF district, such as redevelopment, contaminated soils, and affordable housing. The developer has requested that Otsego establish a housing TIF district, meaning the TIF must only be used to benefit a building that has a portion of its units 2 dedicated to persons with low to moderate incomes. The developer has chosen to have 20% of the units occupied by persons below 50% of median income. For the first 80 units of housing, this means that at least 16 units must have tenants with limited incomes. This is not an assets test. For a one person family, the income is limited to $29,050, for two persons is $33,200, and for four persons is $41,450. These income restrictions will remain in effect for the term of the TIF assistance. The developer has not proposed to restrict rents for the affordable units. It is not a requirement of the TIF law that rents be limited, but many cities do want to keep rents affordable for residents on limited incomes. If the City were to require the developer to maintain affordability by limiting rents, the applicable rents limits including utilities for 2014 are $778 for a one bedroom, $933 for a two bedroom and $1,078 for a three bedroom unit. The rents and income are adjusted annually. Commercial can be included in a housing TIF district as long as the development's total building square footage is not more than 20% commercial at any one time and as long as it is clear that the TIF does not benefit the commercial property. Economics of the Request We believe that it is important for a city council to understand the economics of a real estate development that is requesting assistance. Below is our understanding of the projects sources and uses of funds with details on the project costs. The developer has indicated that it plans to construct the housing in two phases, with each phase being an 80 unit, 3 -story building plus both tuck -under garages and separate garages. For purposes of the analysis below, we only analyzed the first phase of housing and assumed only TIF from the first phase of the housing. We have not received any information relating to the financial feasibility of the commercial property and the TIF cannot be used to pay for commercial costs. The developer has indicated that none of the costs below benefit the commercial property, with the exception of an allocation of the traffic control lights and signs, which we have reduced proportionately. We have not independently verified the developer's assertion that the costs below are only housing costs. The total project costs are $11,663,948, or $145,799 per unit. Below are summaries of our understanding of project sources and uses. SOURCES Developer Financing - 30 Years 5.5% 81747,961 75.00% Developer Equity 2,915,987 25.00% Subtotal 11,663,948 100.00% Grants 0.00% Fee Waiver 0.00% Other 0.00% Subtotal 0 0.00% TOTAL SOURCES 11,663,948 100.00% USES Amount % of Cost Per Unit ACQUISITION AND SITE COSTS 3,189,507 27.35% 39,869 Land 1,920,000 16.46% 24,000 Demo/Asbestos Abatement 110,273 0.95% 1,378 Grading 225,000 1.93% 2,813 Wastewater Plant Removal 59,962 0.51% 750 Paving 150,000 1.29% 1,875 Site Road Improvements 340,798 2.92% 4,260 Traffic Control - Lights/Signs 177,594 1.52% 2,220 County Road Curbs/Aprons 90,880 0.78% 1,136 Sidewalks 10,000 0.09% 125 Berms 30,000 0.26% 375 Landscaping 75,000 0.64% 938 CONSTRUCTION COSTS 7,591,600 65.09% 94,895 Building/Land Improvements 6,000,000 51.44% 75,000 Contingency 200,000 2.75% 2,500 Construction Management 160,000 1.37% 2,000 Park Dedication 269,600 2.31% 3,370 SAC/WAC 962,000 8.25% 12,025 SOFT COSTS PROFESSIONAL SERVICES 652,841.00 5.60% 8,161 Appraisals 15,000 0.13% 188 Architect/Design 360,000 3.09% 4,500 Civil Engineering 110,570 0.95% 1,382 Development Consultant 120,000 1.03% 1,500 Market Research 22,000 0.19% 275 Traffic Study 5,271 0.05% 66 Survey 20,000 0.17% 250 FINANCING COSTS 230,000 1.97% 2,875 Legal/Bond/TIF Counsel 125,000 1.07% 1,563 Construction Period Interest 100,000 0.86% 1,250 TIF Application Fee 5,000 0.04% 63 Management Start up 0.00% 0 TOTAL USES 11,663,948 145,799 The annual TIF for the 80 unit development is $119,000 per year which totals $1,540,000 in today's (financeable) dollars at a 5% rate. Cities usually keep 10% of the TIF for administrative costs, which means the net TIF to the developer would be approximately $1,390,000. Analysis of Economics To help provide a basis for the evaluation of the "but for" test, we regularly review a developer's projections for estimated costs, revenues, and expenditures (called a "pro forma") when a city or county receives a TIF request. The pro forma review measures key factors in the developer's assumptions to determine if the developer's underlying assumptions are within industry standards. At times, a developer will show very conservative assumptions, which creates a gap 11 in funding that the developer may argue creates a need for TIF assumptions, a gap in funding may be reduced or eliminated. reviewed for this project: 1. Land price and site costs 2. Rental rates and operating expenses 3. Construction costs 4. Fees in the Project Budget 5. Financing assumptions and affordability 6. Return on equity By altering some of the Below are six key factors we have 1. Land Price and Site Costs: The developer has chosen to allocate much of the land cost and site preparation costs of both phases of housing to the first phase. This causes a very high budget for site costs of over $3.1 million. The land price alone of $24,000 per unit or $1,920,000 is very high for the Otsego market. Typically apartment land prices are $10,000 per unit for property which can achieve unit rental rates of $1.50 to $1.75 per s.f.. Properties with lower rents pay much less in land price per unit. Land is a typical cost for TIF to reimburse, but usually it is in the case of an arm's length transaction between unrelated parties that is supported by market comparables or an appraisal. We have been in situations with other cities where a council declined to offer TIF because the land price was too high and required too much subsidy. In addition, there are costs associated with the site such as demolition, and site road costs, which could be spread among the other project components. These high site costs do drive up equity and debt requirements for the first phase, which then creates a lower than market return on this equity. It is a policy choice for the council to decide if the developer's argument has merit. 2. Rents and Operating Expenses. The proposed rents for the units are $1.00 per s.f. which means a 1,000 s.f. unit rents at $1,000 per month, including all utilities except electricity. We have not conducted a market study to confirm the rent level. We can say that if rents were increased by 10%, the increased rental revenue would match the level of annual tax increment. There is not as much new product in the area. As a comparison, the higher - end of the market in the area is found in the COR at Ramsey, which we understand to charge $1.33 per s.f. rents today. 3. Construction Costs. Hard construction costs of $75,000 per unit are on the lower end of today's construction market. Projects with higher amenities average $125,000 or more per unit in hard construction costs. In other words, the project is not padding its estimates to create an appearance of a greater need. If the Council is interested in requiring a higher level of exterior finish or higher level of amenity for this project, such a condition could be added to a TIF agreement. 4. Fees. The developer has indicated that they will not be taking a development fee. There is a development consultant fee of 1.13% and a construction management fee of 1.5 both of which are reasonable. 5. Financing. The assumption is a loan for 75% of the project costs including the TIF costs at a 5.5% interest rate with an amortization of 30 years. These are reasonable assumptions. 6. Return on Equity. Assuming 25% equity of $2.9 million, and all costs and rent levels as projected by the developer, the net income after debt service is an annual return without TIF of approximately 2% to 3% of equity. Assuming TIF of approximately $110,000 per year, the annual return would increase to 5% to 6%. In today's market, a 6% to 8% annual return is what most developers would expect. Council Options Real estate is not an exact science. Different developers will have different tolerances for risk and different cities have various rationales for assistance. There are several economic questions raised in our analysis above. The Council has the following options: A. Ask for more information. There are questions about the value of land, allocation of site costs, and rent levels of the property. The Council could request an appraisal of the property and/or a market study to establish the appropriate level of rents. B. Grant assistance based upon on housing affordability. Many communities offer assistance in a housing district only for the gap between market rents and restricted rents. The Council could consider focusing any assistance on costs related purely to long-term housing affordability for the 20% of the units with restricted incomes, and potentially including restriction of rents. C. Consider if there are any site costs which are extraordinary in nature, such as demolition or county road costs, and reimburse the developer for only those costs in an effort to spur development. The developer would still need to meet the income restrictions for the term of the TIF district. D. Cap the assistance amount as a percentage of increased market value. It is our understanding that the City has utilized tax abatement several times in the past. The City's assistance is ranged from 1% to 7% of assessor's estimated market value increase. Other cities do use TIF as a percentage of the total project as another benchmark for assistance. If the City for example wanted to cap assistance at 7% of market value increase on the site, the TIF would be approximately $500,00 to $550,000. E. Reject the request for assistance. Process The establishment of a TIF district does require notice to other taxing jurisdictions and a public hearing. Below is a sample schedule if the Council wanted to proceed with a TIF district for this project: Month 1 -Council sets a date for a public hearing -TIF plan drafted Month 2 -TIF plan sent to the county/school district for comment (they do not have veto power) at least 30 days prior to public hearing G9 -Planning commission review of TIF plan for compliance with comprehensive plan -Publication of TIF hearing notice -Drafting of development agreement between City and developer Month 3 -TIF hearing -Consideration of TIF plan by Council -Approval of development agreement These dates are flexible depending upon the land use approval process for the project. Many cities like to approve the land use and TIF agreements at the same Council meeting. Please contact us with any clarifications or questions. 7