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Presentation, discussion, and possible action regarding a Material Amendment to the Housing Tax Credit Application for Pine Creek Senior Village (HTC #24115)
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RECOMMENDED ACTION
recommendation
WHEREAS, Pine Creek Senior Village (the Development) received a 9% Housing Tax Credit (HTC) award in 2024 to construct 66 units of multifamily housing for the elderly in Nacogdoches, Nacogdoches County;
WHEREAS, CSH Pine Creek Senior Village, Ltd. (Applicant) requests approval to replace a portion of the development site, revise the site plan, and decrease the size of the development site from 4.664 acres to 4.00 acres, which results in a 16.60% increase in residential density from 14.151 units per acre to 16.500 units per acre;
WHEREAS, Board approval is required for a significant modification of the site plan and for a modification of the residential density of at least 5% as directed in Tex. Gov’t Code §2306.6712(d)(1) and (6) and 10 TAC §10.405(a)(4)(A) and (F), and the Applicant has complied with the amendment requirements therein; and
WHEREAS, the requested change does not materially alter the Development in a negative manner, was not reasonably foreseeable or preventable by the Applicant at the time of Application, and would not have adversely affected the selection of the Application;
NOW, therefore, it is hereby
RESOLVED, that the requested material amendment of the Application for Pine Creek Senior Village 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 Board’s determination.
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BACKGROUND
Pine Creek Senior Village received a 9% Housing Tax Credit (HTC) award in 2024 to construct 66 units of multifamily housing for the elderly, of which all units are designated as low-income units, in Nacogdoches, Nacogdoches County. In a letter dated April 26, 2025, Jervon Harris, the representative for the Applicant, requested approval for a material amendment to the Application. The amendment is for a 16.60% increase in the residential density, from 14.151 units per acre to 16.500 units per acre, which requires approval by the Board under Tex. Gov’t Code §2306.6712(d)(6) and 10 TAC §10.405(a)(4)(F). The change is a result of a decrease in the Development site acreage from 4.66 to 4.00 acres, a reduction of 0.664 acre (14.24%).
The original site plan included Tract 1, that comprised of 4.00 acres, and Tract 2 that comprised 0.664 acres. The Applicant contemplated that Tract 2 would provide access to Tract 1 as a public road and to be dedicated as a public right-of-way. However, it was determined that accessing the intended development site (Tract 1) by constructing a driveway over and dedicating right-of-way (Tract 2) would not meet City of Nacogdoches (City) and Texas Department of Transportation (TxDOT) requirements for site and fire truck access. The changes required to meet City and TxDOT requirements for access over Tract 2 would result in significant cost increases and negative impact to feasibility. As a result, the Applicant is requesting approval to reconfigure the development site to instead include a portion of the adjacent property, portions of Tract 1, and all of Tract 2. The proposed modification to the development site results in a decrease to the site acreage from 4.664 acres to 4.00 acres. This is a 14.24% reduction in site acreage and a 16.60% increase in residential density. The enclosed table compares the site plan of the Development at Application and the revised site plan after the amendment.
In addition, the Common Area increased from 10,935 square feet to 13,012 square feet (2,077 square feet or 18.99% increase). The Net Rentable Area of 42,600 square feet remains unchanged. Parking requirements continue to meet local code. The total number of units, proposed unit mix, number of buildings and proposed common amenities all remain unchanged. The Applicant indicated there will be an increase of $110,325 (0.68%) in total development costs, from $16,252,246 at Application to $16,362,571 with the proposed amendment; this includes $90,325 in additional acquisition costs and $20,000 in additional site work costs.
The requested amendment does not materially alter the Development in a negative manner and would not have affected the selection of the Development for the HTC award. Additionally, the revised design will continue to meet accessibility requirements.
Staff recommends approval of the requested material amendment to the Application.