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Presentation, discussion, and possible action regarding eligibility under 10 TAC ?11.101(b)(1)(D) related to Ineligibility of Developments within Areas of High Crime for Bernicia Place (#25476)
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RECOMMENDED ACTION
recommendation
WHEREAS, the applicant for Bernicia Place submitted a Neighborhood Risk Factors (NRF) Report, and a request for a pre-determination of site eligibility on August 25, 2025;
WHEREAS, the applicant disclosed the presence of a Neighborhood Risk Factor related to the presence of an adjacent census tract that has a violent crime rate greater than 18 per 1,000 persons, which renders the Development ineligible;
WHEREAS, the applicant also disclosed the presence of another Neighborhood Risk Factor, relating to the poverty rate and such risk factor will be sufficiently mitigated pursuant to the Qualified Allocation Plan (QAP) in the form of a resolution from the governing body;
WHEREAS, the applicant provided further information about the crime rate within the subject census tract and police beat that encompasses said tract;
WHEREAS, the mitigation provided and discussed herein still yielded a Part I violent crime rate greater than 18 per 1,000 persons, which renders the Development ineligible without the opportunity for further mitigation, per 10 TAC ?11.101(b)(1)(D);
WHEREAS, at the Board meeting on October 9, 2025, staff recommended the site for Bernicia Place be found ineligible;
WHEREAS, the Board tabled the agenda item related to the ineligibility of Bernicia Place to allow the applicant to provide a detailed plan with additional information relating to the specific, planned mitigation efforts relating to crime;
WHEREAS, subsequently, the applicant submitted an Enhanced Security and Crime Prevention Plan for Bernicia Place, included herein as Exhibit A; and
WHEREAS, staff recommends the site for Bernicia Place be found ineligible, in accordance with the 2025 QAP;
NOW, therefore, it is hereby
RESOLVED, that based on ...
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