Thursday, April 17, 2008 - 8:35 AM CDT
As Villa Muse pushes city away, its neighbor cozies up to get $3B project done
Austin Business Journal - by Jean Kwon Staff writer
After the unsuccessful bid by the developers of Villa Muse, a proposed multibillion-dollar film production hub, to build outside city land-use controls, the developers of two new projects in the same area are singing an opposite tune: They're entering an unusual -- and intimate -- financing partnership with the city.
That partnership, say city leaders, could set the precedent for the way large-scale real estate projects develop in the city's desired growth areas.
Taurus of Texas Holdings LP, the Fort Worth-based partner of Taurus Investment Holdings Inc. in Boston, plans to invest $3 billion in two projects totaling about 2,340 acres near State Highway 130 east of Austin -- a few miles north of Villa Muse's proposed location. Just like Villa Muse, the proposed projects are in the city's extraterritorial jurisdiction, the 322 square miles of unincorporated land just outside the city limits that the city is authorized to annex and levy taxes on. City leaders have targeted the emerging 90-mile SH 130 corridor as a major future growth area.
The city continues to dangle an offer of a development agreement within the ETJ to Villa Muse, says Assistant City Manager Laura Huffman.
That offer involves the use of a rare public financing mechanism that would help bring infrastructure -- water, wastewater and roads -- quickly to the area, which would normally take the city years to service. Called a public improvement district, or PID, the structure asks the city to issue bonds, the proceeds of which pay for infrastructure and are reimbursed through assessments on property owners. In exchange, city officials have oversight of the project, which observers say Villa Muse may have wanted to avoid.
Taurus, on the other hand, is embracing the PID concept, and a development agreement in the works will make its way to the City Council in coming weeks.
Dubbed Whisper Valley, the first project is a 2,100-acre mixed-use development at Braker Lane that would include 2,850 single-family units, 5,000 attached units, 1.25 million square feet of retail and commercial space and 1.15 million square feet of office.
Just to the south at Decker Lake Road are plans for another 240-acre project called Indian Hills. That project would set aside 100 acres for rental units, and the remaining acreage for light industrial, research and development, office and retail uses. The lead master planning firm is Denver-based Nuszer Kopatz. Design teams are the Dallas office of global firm Gensler and Memphis-based Looney Ricks Kiss Architects. Bury+Partners Inc. of Austin is the lead engineer.
"SH 130 is opening up a region for Austin which we believe has tremendous promise," says Taurus of Texas President Douglas Gilliland. "The proximity to high-quality employment centers, downtown and the airport all were things we knew would allow for significant growth in a market that has already proven itself to be a quality market."
"We also understood the biggest challenge was the massive amount of infrastructure that needs to go there," says Gilliland. "We could see the city shared the same commitment."
City Council Member Brewster McCracken says PIDs are a good way to get infrastructure placed in areas primed for growth.
PIDs haven't been used extensively in Texas because of legal hurdles and complexities created in the past over misinterpretation of the state's PID-enabling statutes, says attorney Steve Metcalfe, who is stewarding Taurus' projects through city approvals.
Outside Texas, there were $5 billion worth of PID bonds issued last year, says Tripp Davenport, a land secure transaction expert at Bank of America.
Under Taurus' agreement, Whisper Valley and Indian Hills would be annexed for limited purposes, meaning the city would not immediately assess taxes but gain full land use control. The projects would get planned unit development zoning.
Statutorily, limited-purpose-annexed property becomes full-purpose annexed within three years but that requirement can be waived, says Metcalfe. A date certain for annexation will be negotiated in the development agreement, he says.
With approvals in place by the end of the year, construction could begin on both projects as early 2009, says Gilliland.
Villa Muse developers had cited the city's prolonged development review process as the reason for wanting to back out of the ETJ. Backers of Villa Muse, who want to build a massive mixed-use project anchored by film studios, say that due to the city's unwillingness to let their land go, they're seeking other sites near major Texas cities.
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