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Presentation, discussion, and possible action regarding a waiver of 10 TAC §11.101(b)(4)(D) and (N) for FishPond at Buena Vista (HTC #24064)
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RECOMMENDED ACTION
recommendation
WHEREAS, FishPond at Buena Vista (the Development) received a 9% Housing Tax Credit (HTC) award in 2024 for the acquisition and rehabilitation of 55 low-income units for the elderly in San Antonio, Bexar County;
WHEREAS, FishPond Living at Buena Vista, LP (the Development Owner or Owner) is requesting a waiver for 10 TAC §11.101(b)(4)(D) and (N), which are the requirements for screens on all operable windows and for Energy-Star or equivalently rated windows as Mandatory Development Amenities;
WHEREAS, 10 TAC §11.101(b)(4) states that the Board may waive one or more of the requirements of the paragraph for Developments that will include Historic Tax Credits, with evidence that the amenity has not been approved by the Texas Historical Commission or the National Park Service, as applicable;
WHEREAS, the Owner provided a letter dated July 21, 2026, from the Texas Historical Commission citing that the project is subject to the Secretary of the Interior’s Standards for Rehabilitation, does not recommend window screens nor Energy Star windows for this historic building, and supporting the waiver request; and
WHEREAS, the requested waiver does not negatively affect the Development, impact the viability of the transaction, impact Tex. Gov't Code §§2306.001, 2306.002, 2306.359, and 2306.6701, or affect the amount of the tax credits awarded;
NOW, therefore, it is hereby
RESOLVED, that the waiver of 10 TAC §11.101(b)(4)(D) and (N) for FishPond at Buena Vista is approved as presented to 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
FishPond at Buena Vista received a 9% Housing Tax Credit award in 2024 for the acquisition and rehabilitation of 55 low-income units for the elderly in San Antonio, Bexar County. All units in the Development are located in a single, four-story building that is listed in the National Register of Historic Places. The rehabilitation of the Development is in progress. In a letter dated July 21, 2026, David Fournier, a representative of the Owner, requested a waiver of 10 TAC §11.101(b)(4)(D) and (N), the requirements for screens on all operable windows and for Energy-Star or equivalently rated windows as Mandatory Development Amenities, in order to comply with specific requirements to qualify for Historic Tax Credits.
10 TAC §11.101(b)(4) states that the Board may waive one or more of the requirements of the paragraph for Developments that will include Historic Tax Credits, with evidence that the amenity has not been approved by the Texas Historical Commission or the National Park Service, as applicable. A letter from the Texas Historical Commission dated July 21, 2026, was submitted in support of the waiver request. This letter states that the building was originally constructed in 1911 as the Prospect Hill Missionary Baptist Church and then converted to affordable housing apartments in 1985, the same year it was individually listed in the National Register of Historic Places for its architectural significance. Despite the major interior overhaul that was necessitated after sustaining two fires, the exterior retains historic exterior facades, doors, and window openings. The letter states that the Texas Historical Commission does not approve window screens nor Energy Star windows for this historic building, and they support the applicant in their request to waive these requirements for this project. Installation of window screens would be incompatible with the character of the buildings, and the window requirements for the historic tax credit program are generally not achievable in an Energy Star rated product.
Staff recommends granting of the waiver of 10 TAC §11.101(b)(4)(D) and (N) as presented herein.