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HomeMy WebLinkAboutAgenda - 09-05-2024; 6-a - Professional Services Contract with Development Finance Initiative (UNC School of Government) for Pre-Development Services for the Greene Tract and Approval of Budget Amendment #1-A 1 ORD-2024-025 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2024 Action Agenda Item No. 6-a SUBJECT: Professional Services Contract with Development Finance Initiative (UNC School of Government) for Pre-Development Services for the Greene Tract and Approval of Budget Amendment #1-A DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. DFI Scope of Services Perdita Holtz, Deputy Director, 919- 2. Letters of Support from the Towns of Chapel 245-2578 Hill and Carrboro Cy Stober, Director, 919-245-2592 3. Greene Tract Master Plan and Entitlement Timeline 4. Year-to-Date Budget Summary PURPOSE: To authorize the County Manager to sign a contract on behalf of Orange County to procure a professional services contract with the Development Finance Initiative (DFI) for pre- development services for the Greene Tract and to approve Budget Amendment #1-A to provide for the total cost of the project. BACKGROUND: With the anticipated conclusion in late September/October of the current community engagement and Master Plan efforts on the jointly-owned Greene Tract, the three local government owners/partners (Orange County and the Towns of Chapel Hill and Carrboro) are looking ahead to the next necessary phase of realizing development of the Greene Tract. An in-depth financial feasibility analysis of the Master Plan is necessary, including an analysis of providing housing at various levels of affordability and public investment support. Additionally, a development partner(s) must be identified and selected. Staffs have identified the DFI program at the UNC School of Government as uniquely suited to perform the necessary analyses and project marketing to private sector developers (both non- profit and for-profit) who would construct the Master Plan. DFI partners with communities "to attract private investment for transformative projects by providing specialized finance and real estate development expertise." The Scope of Services for the proposed contract is included in Attachment 1. Letters of Support from the Towns of Chapel Hill and Carrboro are included in Attachment 2. Many of the tasks in the Scope of Services are expected to be completed in a 12-18 month timeframe. However, the contract with DFI will be for 10 years, until December 1, 2035, as DFI will be a partner in soliciting private sector developers to bring the Master Plan to on-the-ground fruition, which may occur in phases. In a separate agenda item on this September 5, 2024 Business meeting agenda, the existing contract for Master Plan services with Thomas & Hutton is proposed to be extended in the event 2 that adjustments to the Master Plan resulting from community engagement efforts are necessary as a result of the financial feasibility analysis DFI will complete. The proposed DFI contract is one part of overall efforts to develop the Greene Tract in accordance with community desires, to include affordable housing. Other processes, such as "entitlement" (zoning approval) by the Town of Chapel Hill will run concurrently with DFI's and Thomas & Hutton's work. The entitlement process is expected to be in the form of a Development Agreement and is expected to commence in October 2024. Attachment 3 is a DRAFT timeline of the Master Plan and Entitlement, with the timeline subject to refinements as a variety of activities are underway that could necessitate updates. FINANCIAL IMPACT: Orange County allocated $399,800 for Greene Tract costs during FY 2023-24. The DFI's Scope of Services is for$132,400, payable over two installments of$66,200 each, over two fiscal years. This creates a total project cost of$532,200. Based on the 2021 Green Tract Interlocal Agreement, the Towns shall reimburse funds to the County based on the adopted cost share agreement of 43% - Orange County, 43% - Chapel Hill, and 14% - Carrboro. Per the approved cost-share agreement for Greene Tract expenses, the resulting total financial impact to Orange County will be $56,932 funded by County Capital Reserves after it is reimbursed for costs by the municipal partners. Budget Amendment #1-A increases the General Fund authorization by $132,400 and County Capital Reserve by $56,932. DFI is also compensated by the chosen developer(s) who will be required to pay DFI a Development Services Fee of 1% of the total project costs. No local government contribution to the Development Services Fee will be necessary. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL # 3. HOUSING FOR ALL OBJECTIVE #4. Prioritize and select County-owned land and/or facilities as part of an overall plan of facilities to create crisis, bridge, low barrier, affordable, and permanent housing. RECOMMENDATION(S): The Manager recommends the Board: 1. Approve and authorize the County Manager to execute and sign the contract after approval of content and form by the County Attorney; 2. Authorize the expenditure of up to $132,400 for professional services to provide Pre- Development Services for the Greene Tract Master Plan; and 3. Approve Budget Amendment #1-A. dial IisPA SCHOOL Development 1 MEMORANDUM To: Perdita Holtz, Deputy Director, Long-Range Planning & Administration Division, Orange County Cy Stober, Planning & Inspections Director, Orange County From: Marcia Perritt, Director, Development Finance Initiative Date: August 6, 2024 Re: Proposal to Provide Pre-Development Services for the Greene Tract UNC-Chapel Hill Development Finance Initiative The UNC Chapel Hill School of Government (SOG) established the Development Finance Initiative (DFI) in 2011 to assist local governments and their partners in North Carolina and beyond with achieving their community economic development goals. The SOG is the largest university-based local government training, advisory, and research organization in the United States. DFI partners with communities to attract private investment for transformative projects by providing specialized finance and real estate development expertise. Request for Technical Assistance Orange County requested technical assistance from DFI in May 2024 to conduct pre- development feasibility analysis and attract a private development partner to the Greene Tract, a key community development priority for the County and its partners. The Greene Tract is an approximately 164-acre property located off Eubanks Road in Chapel Hill, near the historic Rogers Road community. The parcel is jointly owned by the Orange County and the Towns of Chapel Hill and Carrboro. These local government partners are working together to establish a long-range plan to guide development and preservation activities on the site, as outlined in a 2021 conceptual land use plan and a 2021 Interlocal Agreement between the three entities. Most recently, the County and the Towns launched a ten-month process to co-create a shared vision and master plan for the Greene Tract alongside the community, with support from consultants Thomas & Hutton, VHB, and Gensler. While that visioning work is helpful in gaining consensus among key stakeholders for a general development concept, to make the concept become a reality, it should be tested through feasibility analysis and brought to the market—that is, the concept should be proven in a way that would satisfy developers, investors, and lenders that the vision is feasible given current market and development conditions. DFI is able to conduct this necessary feasibility analysis and create a market-feasible program of development, while regularly seeking feedback and engagement with community stakeholders and the three local government partners. Once a 4 market-feasible development program has been endorsed by Orange County and the Towns of Chapel Hill and Carrboro, DFI will identify development partners with the experience and track record to make the vision a reality within the context of Chapel Hill's market. Scope of Services The following Scope of Services outlines the pre-development activities that DFI would conduct to support Orange County, the Town of Chapel Hill, and the Town of Carrboro (the "Client") in attracting private investment to the Greene Tract, herein referred to as the "Project", and executing the Client's community development goals as it relates to this Project: 1. Conduct a community scan, which is an analysis of market-relevant demographic and socioeconomic data, as well as a review of current and historic plans, visioning documents, studies, research, development proposals, conceptual renderings, notes from public input sessions, and other materials relevant to the Project; 2. Collect and analyze relevant data for a parcel analysis to understand current market conditions (sales trends, vacancy, land use, ownership, and underutilization) for the area surrounding the Project; 3. Conduct market research, including case studies for markets where available market data may not be sufficient, and a market analysis to assess the demand for development, to include an evaluation of market feasibility and demand drivers for different uses for the Project including but not limited to: (1) commercial uses such as retail, office, and flex space; (2) a variety of residential housing types, including townhomes, multiplexes, 3-4 story multifamily buildings with surface parking lots, affordable housing, and market-rate residential; as well as (3) other uses as specified by the Client; 4. Leverage and refine guiding public interests previously established for the Project, in collaboration with the Client, building from prior visioning efforts; 5. In partnership with a third-party design firm engaged by the Client and building from that firm's prior work, perform any additional site constraints analysis necessary to determine what the site can actually support given current conditions and other limitations and to test fit potential development programs for the Project; 6. Conduct a financial feasibility analysis, preparing a financial model (i.e., development budget, operating cash flows, sources of capital, etc.) for the Project, in parallel and iteratively with site analysis, to determine financial feasibility for private partners, evaluate the Project's ability to attract private investment, and project potential funding sources for private development; 7. Determine the scale of public investment required to achieve public interests, if necessary, and evaluate options for financing and structuring public participation in the development, if 2 5 necessary, including the use of development finance tools (tax credits, district designations, etc.); 8. Propose at least two feasible private development program scenarios for the Project, including estimated public investment, if necessary, to be considered by the Client and community-at-large through resident engagement efforts; 9. Support the Client in resident engagement efforts to solicit community input to reflect on Client-approved feasible private development program option(s), which may include in- person community meeting(s), virtual community meeting(s), an online survey, and/or other resident engagement efforts as appropriate and recommended by the Client; 10. Based on community and Client input, propose a final feasible private development program for the Project and request the Client's approval; 11. Prepare a solicitation for development partners and assist the Client with developing criteria to inform the Client's selection of eventual partner(s); 12. Actively market and discuss the solicitation with qualified development partners (for-profit or non-profit) with the goal of receiving competitive proposals from qualified developers who are capable of accomplishing the Client's approved development program; 13. Support the Client in development partner selection process by carrying out due diligence of potential partners, preparing investment summaries, and evaluating solicitation responses using the Client's criteria; 14. Support the Client in negotiating deal points with the development partner selected to execute the approved development program pursuant to the solicitation. Deal points include development parameters for public-private partnerships and milestones, which are typically memorialized first in a non-binding memorandum before being finalized in a development agreement; and 15. Support the Client through the point that the above-referenced development partner closes on financing for the project, by regularly evaluating changes proposed by the development partner to pro forma financials and public participation options, in order to verify developer assumptions about revenues, development costs, operating expenses, and debt and equity structuring as market conditions evolve. This Scope of Services does not include services that require a licensed broker or licensed attorney to perform. In addition, the scope does not include tasks associated with site planning expertise from architects or engineers, nor does it include site preparation expenses such as land survey, soil samples, and environmental testing (if such services are required, DFI will advise the Client to obtain such services from third parties). 3 6 The scope does not include a refresh or update (supplemental data collection and subsequent updated analysis) that could be required in the event that, for reasons beyond the control of DFI, (i) the development solicitation process is not commenced within two years of the Effective Date, or (ii) more than one solicitation for development partners must be created and/or marketed. The fee accounts for efficiencies gained from utilizing the Client's prior visioning and planning activities as it relates to the Project. Deliverables Deliverables include presentations, summaries, and other documentation intended by DFI to be delivered to the Client regarding the above Scope of Services. In similar projects, DFI has typically delivered 8 to 10 updates via PowerPoint presentations and 3 to 5 memos (accompanying presentations to elected boards) to the Client throughout the course of a 12-month scope. Activity#11 in the above Scope of Services will result in a written Solicitation for Development Partner(s) document, with supporting background and due diligence materials to be shared with the Client and prospective development partners. Timeline The timeline for completing Activities 1-10 is estimated to be 12 months from commencement. DFI intends to help the Client attract private investment into the Project (Activities 11-15) as quickly as possible and in a way that maximizes overall value and serves the public interests. Fee The flat fee for the above Scope of Services is $132,400. The flat fee is payable over two installments of $66,200 each, over two fiscal years if desired. The Client fee would cover only part of DFI's cost of services, with the balance being "at risk,"to be paid as a fee from each successful project. DFI's pre-development services will not only assist the Client in accomplishing its goals but will also benefit the ultimate private developer(s) by eliminating predevelopment work, risk and expense. In order to minimize the Client's costs, we require the Project to pay for the value of that benefit in the customary way, as a portion of development costs. If the Client is successful in executing a Development Services Agreement with a private partner, DFI will receive a Development Services Fee. This Development Services Fee paid by the Project would be 1% of total project costs. 4 7 This arrangement benefits the Client in several ways. It aligns DFI's interests with the Client in terms of finding developer(s) for the Project and attracting private investment. It also ensures the Project itself pays for a significant share of the Client's costs associated with the pre- development work. And it gives the Client ongoing support from DFI throughout negotiations with the developer(s) and during the full life span of development in the Project (i.e. DFI has "skin in the game"). There is no guarantee that a developer will be identified, so the consequences for DFI are clear—DFI will get the bulk of its fee only if there are developer(s) for the Project who successfully execute agreement(s) with the Client. DFI Project Team Our project team will be led by Associate Director Sarah Odio as the project lead, with support from Assistant Director Frank Muraca, Senior Project Manager Sonyia Turner, Associate Director Eric Thomas, and Director Marcia Perritt. In addition to more than a decade of experience with advising public and charitable institutions on public-private partnerships for development, DFI also has access to the resources of the entire School of Government faculty with expertise ranging from public finance to property tax to environmental finance. SARAH ODIO, ASSOCIATE DIRECTOR FOR HOUSING & REVITALIZATION As Associate Director for the School of Government's Development Finance Initiative, Sarah Odio specializes in affordable housing, and has helped urban and rural communities across NC understand their housing needs and attract private investment to mixed-use and mixed-income developments. She also oversees projects that range from commercial adaptive reuse to neighborhood revitalization, and has advised communities on post-disaster downtown recovery. Sarah joined the School of Government in 2016 as a graduate fellow while pursuing a master's degree in city and regional planning at UNC-Chapel Hill. Previously, she focused on community and economic development policy as an aide for a Miami-Dade County commissioner. Sarah earned a bachelor's degree from Vassar College. Select Relevant Experience: Buncombe County Ferry Road Mixed-Income Residential Community Durham County 300 & 500 E Main Mixed-Income Downtown Projects Salisbury, NC Kesler Mill Affordable Housing Project • West Southern Pines, NC Neighborhood Revitalization Strategy Apex, NC Affordable Housing Opportunity Site Identification FRANK MURACA, ASSISTANT DIRECTOR FOR DATA & ANALYTICS Frank Muraca joined the Development Finance Initiative as a graduate fellow in 2019 before becoming a full-time team member in 2020 as a Real Estate Development Analyst. He became the Assistant Director for Data & Analytics 5 8 in 2024. In his role, Frank uses data and visualizations to identify community development opportunities for DFI's clients. Frank received his bachelors from George Mason University and his master's degree in City and Regional Planning from UNC-Chapel Hill. Prior to graduate school he lived and taught in Jiangsu Province, China. Select Relevant Experience: • Jacksonville, NC Affordable Housing Opportunity Site Identification • West Southern Pines, NC Neighborhood Revitalization Strategy • Dorothea Dix Park Redevelopment Feasibility Assessment, Raleigh, NC • Research Triangle Foundation Frontier Campus Redevelopment Strategy • Downtown Kannapolis Master Development Plan Execution, Kannapolis, NC SONYIA TURNER, SENIOR PROJECT MANAGER Sonyia Turner joined the Development Finance Initiative (DFI) in 2019, after working with DFI as a graduate student fellow. She became a Senior Project Manager in 2023 and has extensive experience managing projects related to affordable housing, adaptive reuse projects, and downtown revitalization. Prior to working with DFI, Sonyia served as a fellow with DFI, a fellow with The Center for Community Capital, and worked with the North Carolina Community Development Initiative (NCinitiative.org) on disaster relief efforts in Eastern North Carolina. Sonyia holds a bachelor's degree in environmental design & architecture from North Carolina State University, and a Master's in city and regional planning with a specialty in housing, community development, and real-estate development from the University of North Carolina at Chapel Hill. Select Relevant Experience: • Downtown Infill Project Pre-Development & Developer Solicitation, Wake Forest, NC • Railroad Corner Mixed-Use Pre-Development & Developer Solicitation, Orangeburg, SC • Salisbury, NC Kesler Mill Affordable Housing Project • Research Triangle Foundation Frontier Campus Redevelopment Strategy • Apex, NC Affordable Housing Opportunity Site Identification ERIC THOMAS, ASSOCIATE DIRECTOR Eric Thomas joined DFI in 2015 and is currently managing multiple mixed-use development projects across North Carolina, including the master n development of a mixed-use town center. Eric is also assisting in the conceptual design, program definition, development budget, cost estimation and site analysis on DFI projects. Prior to graduate school, Eric worked as a community planner within Washington DC's Office of Capital Projects and Planning and was involved in the District's first public-private partnership dedicated to the creation of public open space. Eric holds dual master's 6 9 degrees in city and regional planning from UNC-Chapel Hill and landscape architecture from North Carolina State University and received his undergraduate degree from Brown University. Select Relevant Experience: • Downtown Kannapolis Master Development Plan Execution, Kannapolis, NC • Dorothea Dix Park Redevelopment Feasibility Assessment Raleigh, NC • Broughton Hospital Redevelopment Strategy, Morganton, NC • Research Triangle Foundation Frontier Campus Redevelopment Strategy • Buncombe County Ferry Road Mixed-Income Residential Community R MARCIA PERRITT, DIRECTOR Marcia Perritt first joined DFI in 2012 as a Community Revitalization Fellow while pursuing dual master's degrees in Public Health and City & Regional •� ."'���. Planning at UNC-Chapel Hill. As Director, Marcia oversees all aspects of the Development Finance Initiative (DFI). She also handles business development for DFI and provides specialized assistance related to community engagement and communication across all DFI projects. She currently advises North Carolina communities on projects ranging from the adaptive reuse of a historic downtown hotel to supporting neighborhood revitalization efforts in areas suffering from blight, vacancy, and disinvestment. Her professional interests include land banking, affordable housing, creative placemaking, and asset-based community development. Prior to graduate school, Perritt worked at a statewide nonprofit dedicated to building the capacity of low-income communities to address environmental injustices. Select Relevant Experience: • Dorothea Dix Park Redevelopment Feasibility Assessment Raleigh, NC • Broughton Hospital Redevelopment Strategy, Morganton, NC • Buncombe County Ferry Road Mixed-Income Residential Community • Durham County 300 & 500 E Main Mixed-Income Downtown Projects • West Southern Pines, NC Neighborhood Revitalization Strategy 7 10 TOWN OF CHAPEL HILL Town Manager's Office r 405 Martin Luther King Jr. Blvd. Chapel Hill,NC 27514-5707 phone(919)968-2743 fax(919)969-2063 www.townofchapelhill.org August 5, 2024 Travis Myren County Manager Orange County 300 W. Tryon Street Hillsborough, NC 27278 Subject: Greene Tract Development Finance Initiative Support Travis, The Towns of Carrboro and Chapel Hill, along with Orange County have worked developing a Master Plan for the Greene Tract over the past year and understand the next step is to engage the services of the School of Government Development Finance Initiative (DFI). The 2021 Interlocal Agreement between the three jurisdictions states the development of the property will provide affordable and mixed income housing. The Agreement further states that financial responsibility for all costs associated with implementing the project shall be shared at the 43/43/14 proportions. The proposal from DFI includes a total cost of $132,400 payable in equal installments over two years with Chapel Hill's share equaling $56,932 (annual amount of$28,466). Chapel Hill believes the scope of service proposal will create a market-feasible program of development. I wanted to share with you that Chapel Hill supports Orange County entering a contract with DFI for the financial analysis consultant services for the Greene Tract and is prepared to obligate its financial share. Sinc rely, Ma Jane irdlinger Deputy Town Manager 11 4VTOWN ❑F CARRBORO • NC OFFICE ❑F THE TOWN MANAGER August 12, 2024 Travis Myren County Manager Orange County 300 W.Tryon Street Hillsborough, NC 27278 Subject: Greene Tract Development Finance Initiative Support Mr. Myren, The towns of Carrboro and Chapel Hill, along with Orange County, have worked on developing a master plan for the Greene Tract over the past year and understand that the next step is to engage the services of the School of Government Development Finance Initiative (DFI). The 2021 Interlocal Agreement between the three jurisdictions states that the development of the property will provide affordable and mixed-income housing.The agreement further states that financial responsibility for all costs associated with implementing the project shall be shared in 43/43/14 proportions. The proposal from DFI includes a total cost of$132,400 payable in equal installments over two years, with Carrboro's share equaling$18,536 (an annual amount of$9,268). Carrboro believes the scope of the service proposal will create a market-feasible program of development. I wanted to share with you that Carrboro supports Orange County entering into a contract with DFI for the financial analysis consultant services for the Greene Tract and is prepared to obligate its financial share. Sincerely, Patrice Y.Toney Town Manager p o 301 W. Main Street Carrboro, NC 27510 1 social media carrboronc.go), 919-942-8541 o: 12 DRAFT 2024 2025 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Community Engagement Consultant Planning&Strategy Engagement Implementation Synthesis&Initial Design Recommendations Design Alignment&Ongoing Outreach Workshops Final Recommendations&Master Plan Report Monthly Newsletters Master Plan Consultant Development Constraints and Opportunities Development Regulations and Recommendations 2 Conceptual Plan Final Master Plan DFl iterations DFI Contract&MOU Modification Examine Current Conditions Market Analysis Site Analysis Financial Analysis&Strategy Identify Private Partner(s) Master Development Partner Solicitation Chapel Hill Entitlement Technical Review Public Engagement(on-going) Negotiations Chapel Hill Council Approval Annexation Property Owners Request Chapel Hill Council Approval Communication Plan Community/Stakeholder Engagement RENA/Phoenix Place/Church of Advocate Public Outreach Newsletter Elected Boards 13 Year-To-Date Budget Summary Fiscal Year 2024-25 County Fund Budget Summary General Fund Capital Reserve Original Budget Revenue $286,304,076 $0 Interfund Transfer Revenue $1,006,039 Fund Balance Appropiation $7,100,000 $356,539 Total Original Budget $294,410,115 $356,539 Additional Revenue Received Through Budget Amendment#1-A (September 5th, 2024) Grant Funds $100,096 Non Grant Funds $75,468 Additional Interfund Transfer Revenue $56,932 Additional Fund Balance Appropriation $76,895 $56,932 Total Amended Budget $294,719,506 $413,471 Dollar Change in 2024-25 Approved Budget $309,391 $56,932 Change in 2024-25 Approved Budget 0.11% 15.97%