Review Development Proposal from Podawiltz Development for Town Center Gardens 3rd Addition

The City has been contacted by Podawiltz Development regarding a potential development in an already platted portion of Town Center Gardens 3rd Addition.  The Property was platted as 58 townhome units.  The Property is currently owned by 21st Century Bank.  The Developer desires to construct an approximately 40 unit rental townhome project on the Property.  In addition, the Developer desires to modify the approved and recorded Plat, resulting in a net reduction in the number of units. 

The Developer is also seeking City financial participation as part of an application to the Minnesota Housing Finance Agency (MHFA) for Section 42 tax credits, a competitive financing opportunity also known as the Housing Tax Credit (HTC).  The Developer is requesting between $201,000 and $471,000 in local contribution.  According to the Developer, a contribution of $201,000 would provide two (2) selection points and a contribution of $471,000 would provide four (4) selection points.  The Developer will present background on the HTC Application and the forecasted range of points that would be necessary for a successful application.

Staff discussed the Housing and Urban Development (HUD) Community Development Block Grant (CDBG) or the Metropolitan Council's Livable Communities Act (LCA) as potential funding sources.  The Developer also inquired as to whether the City would be interested in assisting through Tax Increment Financing (TIF), and has stated that TIF assistance will likely be necessary in order to score high enough to secure the requested tax credits.  Finally, the Developer also inquired if the City would be willing to waive certain application, license, or development fees or fast track approval processes.  Mike Podawiltz of Podawiltz Development will present a business plan to the City Council.

Before continuing discussions with the Developer, Staff is seeking policy feedback as to whether the City Council is interested in pursuing TIF, CDBG, or LCA funding for the project.

No notification required at this time.  A Public Hearing would be held on any proposal to re-plat the Property.

Mike Podawiltz, of Podawiltz Development Corporation, will be presenting the project proposal to the City Council.  There are multiple site plan review items that need to be addressed, which will be addressed at a future date if necessary.  At this time, Staff is seeking feedback on potential City participation prior to Staff spending additional time discussing and reviewing further with the potential Developer.

The Developer is seeking Section 42 tax credits, administered through the Minnesota Housing Finance Agency (MHFA).  The Developer is asking that the City participate financially in order to increase the chance of successful award of said financing.  Evaluation of the HTC Applications are based on a points system, and City participation includes additional points.  A copy of the most recent HTC Self Scoring Sheet is attached for the City Council's review.  At minimum, it appears that the Developer would need to score at least 30-40 points to be considered.  In initial discussions with the Developer, it appears a score even higher than that will be required for a successful application.

The City could participate with outside funding opportunities such as CDBG or LCA funds, both competitive processes.  The City could also participate through the creation of a new TIF District, as the Property currently lies outside TIF District #14 encompassing The COR and surrounding areas.  As noted above, the Developer has stated he believes TIF assistance will be necessary, regardless of a successful CDBG or LCA award, in order to have a successful HTC application.

The Developer also seeks to revise the approved site plan to introduce a new floor plan to the development.  The Developer states that the existing plat is very limiting.  The area is zoned COR-4a, and the Development Guidelines would apply.  Copies of three (3) potential site plans are included for the City Council's review.  The Developer has provided Staff with samples of other projects it has completed, with photos attached for the City Council's review.  In Staff's initial review, the architectural renderings warrant additional review and modification in order to meet the requirements of the Design Guidelines.  The Developer has stated he is open to considering other renderings and making certain modifications.

The deadline for CDBG funds is January 12th.  The Developer was instructed to prepare the necessary background information for the CDBG application, as Staff had not received authorization to seek CDBG funding.  If the consensus of the City Council is to authorize staff to submit an application for CDBG, City Staff will complete the remaining, necessary sections of the application.

The deadline for LCA funds is anticipated to be on or about May, 2012.  Staff will revisit this funding source when the funding cycle is opened for 2012, and bring back a case for consideration by the City Council.

The Developer was forwarded a TIF application in the event the Developer decides to proceed forward with said request.  While this appears to be a TIF eligible project and Staff is seeking policy input from the City Council as to whether the City is supportive of the request for TIF, other options such as CDBG and LCA funding should be researched further first.  Staff is working with the developer to explore options to secure the desired number of points for the HTC Application that may not include TIF assistance.  The Developer states it is seeking to secure 2.1% of the total development costs through TIF, abatement, grants, donations, etc.

Review of the request is being processed as part of regular staff duties.  If the Developer decides to proceed forward with a land use application, an escrow will be established to handle costs associated with processing the application in accordance with applicable City Code.

Based on discussion.  Staff is looking for feedback as to the level of participation, if any, the City Council is comfortable with either through grant applications or TIF assistance.  The City Council would review the proposed plat/site plan in greater detail if such application is submitted by the Developer.  Specifically, Staff is looking for policy feedback on the following:

1. Submittal of CDBG Application
2. Submittal of LCA Application
3. Establishment of TIF District and providing TIF assistance to the proposed project
4. Waiving of application and license fees
5. Fast track approval processes