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Presentation, discussion, and possible action regarding a Material Amendment to the Housing Tax Credit Application for Bird Creek Senior Living (HTC #24045)
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RECOMMENDED ACTION
recommendation
WHEREAS, Bird Creek Senior Living (Development) received an award of 9% Housing Tax Credits (HTCs) in 2024 for the new construction of 102 multifamily units for the elderly population in Temple, Bell County;
WHEREAS, Temple TXHP LP (Applicant) requests approval for a significant modification of the architectural design, including a reduction of the size of and change in configuration of the floor plan of the sole building, and increase in the number of floors from three to having portions of both four and five floors, resulting in no change in net rentable area and a slight increase in the common area;
WHEREAS, the Applicant requests approval for a significant modification of the site plan, including a 16.66% decrease in site area from 6.667 acres to 5.556 acres, associated with the driveway being built on an access easement on site area for which the site seller retained ownership rather than built on a purchased site area as proposed at Application, which results in a 20.00% increase in residential density, from 15.30 units per acre to 18.36 units per acre;
WHEREAS, Board approval is required for a significant modification of the site plan, a significant modification of the architectural design of the Development, and a modification of the residential density of at least 5% as directed in Tex. Gov’t Code §2306.6712(d)(1), (5), and (6), and in 10 TAC §10.405(a)(4)(A), (E), and (F), and the Applicant has complied with the amendment requirements therein; and
WHEREAS, the requested changes do not negatively affect the Development, impact the viability of the transaction, impact the scoring of the Application, or impact the HTC award;
NOW, therefore, it is hereby
RESOLVED, that the requested material amendment to the Housing Tax Credit Application for Bird Creek Senior Living is approved as presented at this meeting, and the Executive Director and his designees are each authorized, directed, and empowered to take all necessary action to effectuate the foregoing.
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BACKGROUND
Bird Creek Senior Living was approved for a 9% HTC award in 2024 for the construction of 102 units, of which all are designated as low-income units, of multifamily housing for the elderly population in Temple, Bell County. In a letter dated July 22, 2025, Sallie Burchett, the representative of the Applicant, requested approval for a material amendment to the Application for a significant modification of the site plan, a significant modification of the architectural design, and a density increase of 20.0%, from 15.30 units per acre to 18.36 units per acre.
The significant modifications of the architectural design include a redesign of the sole building from three floors to four and five floors height in different portions and a smaller building footprint. There are no requested changes to the Net Rentable Area (NRA), unit count, unit mix, or set-asides. Additionally, the changes to the architectural design of the Development result in a slight increase to the Common Area, from 17,082 square feet at Application to 17,456 square feet.
The significant modifications of the site plan include a 16.7% reduction of the site area, from 6.667 acres to 5.556 acres. As originally proposed, the site purchase was to include area for a driveway connecting from the northeast corner of the site to West K Avenue to the east of the site, and the Applicant was to construct the driveway and then dedicate the driveway area to the City of Temple. Due to the City of Temple’s preference, the driveway area has been moved southward from connecting between West K Avenue and the northeast corner of the site to connecting between West K Avenue and the southeast corner of the site. The seller consented to this change but requested that the seller retain ownership of the driveway area on an access easement rather than on land purchased by the Applicant. The reduction in site area increases density 20.0%, from 15.30 units per acre to 18.36 units per acre. The Applicant indicated that the reason for the request to modify the site plan is that the City of Temple (the City) prefers moving the access driveway southward because the City states doing so maximizes safety and integration into the City’s existing street network.
The Applicant indicated that the reason for the request to modify the architectural design of the building is that the engineering process revealed that due to the sloped site it was preferable to make the building four floors on the street side and five floors on the downhill creek side, versus the extensive grading and retaining walls that would have been necessary to maintain the design as three floors on grade.
The Applicant reports that the price paid for the site did not change, and that the changes have no financial impact on the Development. Staff confirmed that the revised design plans and parking would continue to meet accessibility requirements. Additionally, staff reviewed the original Application and scoring documentation against this amendment request, and has concluded that none of the changes would have affected the scoring or selection of the Application in the competitive round.
Staff recommends approval of the Application amendment as presented herein.