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Presentation, discussion, and possible action regarding a waiver of 10 TAC §11.101(b)(8)(B)(iii) of the Qualified Allocation Plan (QAP), related to Development Vistability Requirements for The Meridian (#24409) in Fort Worth
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to 10 TAC §11.101(b)(8) of the 2024 QAP, all developments must meet all accessibility requirements as stated therein, including design specifications that comply with the Fair Housing Act Design Manual;
WHEREAS, a 4% Housing Tax Credit application was submitted for The Meridian on January 22, 2024;
WHEREAS, in conjunction with the tax credit application, the applicant submitted a request for a waiver relating to the proposed rehabilitation of The Meridian, which is an existing housing tax credit development that received an award of 4% Housing Tax Credits and an issuance of Tax Exempt Bonds in 2001;
WHEREAS, the applicant requests a waiver of 10 TAC §11.101(b)(8)(B)(iii) related to the visitability requirements under the QAP for 80 specifically identified units within the Development, as reflected on Exhibit A; and
WHEREAS, staff recommends a waiver be granted for the 80 specifically identified townhouse units pursuant to 10 TAC §11.207 because the slope from the front door of the units to the parking lot is greater than the tolerance allowed under the Fair Housing Act Design Manual and on the basis that granting the waiver better serves the purposes articulated in Tex. Gov’t Code §2306.001(2) by providing affordable housing to meet the needs of individuals and families and Tex. Gov’t Code §2306.001(3) by contributing to the preservation of neighborhoods and communities;
NOW, therefore, it is hereby
RESOLVED, that a waiver of 10 TAC §11.101(b)(8)(B)(iii) of the 2024 QAP related to the Development Visitability Requirements for eighty (80) units at The Meridian, as specifically referenced on Exhibit A and explained herein, is hereby granted.
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BACKGROUND
General Information: The Meridian is an existing Housing Tax Credit (“HTC”) property located at 4450 Marine Creek Parkway in Fort Worth, Tarrant County. The development received an award of 4% Housing Tax Credits and an issuance of Tax Exempt Bonds in 2001. A 2024 tax credit application was submitted on January 22, 2024, and a Certificate of Reservation was subsequently issued for the development.
Waiver request: The property consists of 280 units, 266 of which are townhome units, and 14 of which are flats that will serve as fully-compliant mobility-impaired dwelling units, thus meeting the 5% minimum requirement under state law. When originally constructed, the development complied with the applicable Fair Housing Act Design Guidelines regarding townhome units. Per FHA’s Design Guidelines, townhomes are not considered “covered dwelling units”, and are therefore exempt from meeting any accessibility requirements under the Fair Housing Act. However, the QAP requires units to be visitable regardless of unit type .
Pursuant to 10 TAC §11.101(b)(8)(B) of the 2024 QAP;
“(B) Regardless of building type, all Units accessed by the ground floor or by elevator (affected units) must comply with the visitability requirements in clauses (i) - (iii) of this subparagraph. Design specifications for each item must comply with the standards of the Fair Housing Act Design Manual. Buildings occupied for residential use on or before March 13, 1991 are exempt from this requirement. If the townhome Units of a Rehabilitation Development do not have a bathroom on the ground floor, the Applicant will not be required to add a bathroom to meet the requirements of clause (iii) of this subparagraph. Visitability requirements include:
(i) All common use facilities must be in compliance with the Fair Housing Design Act Manual;
(ii) To the extent required by the Fair Housing Design Act Manual, there must be an accessible or exempt route from common use facilities to the affected units;
(iii) Each affected unit must include the features in subclauses (a) - (e) of this clause.
(I) at least one zero-step, accessible entrance;
(II) at least one bathroom or half-bath with toilet and sink on the entry level. The layout of this bathroom or half-bath must comply with one of the specifications set forth in the Fair Housing Act Design Manual;
(III) the bathroom or half-bath must have the appropriate blocking relative to the toilet for the later installation of a grab bar, if ever requested by the tenant of that Unit;
(IV) there must be an accessible route from the entrance to the bathroom or half-bath, and the entrance and bathroom must provide usable width; and
(V) light switches, electrical outlets, and thermostats on the entry level must be at accessible heights.”
According to the applicant, there are a number of units and buildings within the Development which cannot be made to comply with the requirements of 10 TAC §11.101(b)(8)(B)(ii) and (iii) due to the grade present at the entryways of said units. The Fair Housing Act Design Manual allows and exemption of 10 TAC §11.101(b)(8)(B)(ii) for an accessible route to common amenities. According to information and documentation provided by the applicant team, the slope from the entry door to the parking lot is in excess of 10% for those specific units listed in Exhibit A, which makes providing a fully-compliant accessible path from the parking lot to those units infeasible. A site plan drafted by the civil engineer was provided that explicitly states the grade at each affected unit and is included herein as Exhibit B.
Because a mobility impaired individual cannot reach the unit from the parking lot within the required slope range applicant is requesting a waiver of all of the items required under 10 TAC §11.101(b)(8)(B)(iii) of the 2024 QAP for the specific units identified in Exhibit A.
Based on the aforementioned factors associated with The Meridian, staff believes that , the existing topography and slopes at each of the affected units to the parking lot, makes compliance with the Department’s visitability rule impractical without removing a load bearing wall or impacting the flood drainage mititgation. Staff believes that granting the waiver better serves the purposes articulated in Tex. Gov’t Code §2306.001(2) by providing affordable housing to meet the needs of individuals and families and Tex. Gov’t Code §2306.001(3) by contributing to the preservation of neighborhoods and communities.