HomeMy WebLinkAboutResolution - 2024-R0163 - Brook Meadows Estates, Waive Impact Fees - 04/09/2024Resolution No. 2024-RO163
Item No. 6.27
April 9, 2024
RESOLUTION
WHEREAS, on October 27, 2020 City Council of the City of Lubbock (the "City Council")
adopted an Ordinance, No. 2020-00136 (the "Impact Fee Ordinance"), establishing impact
fees in the City of Lubbock to assist in the financing of capital improvements required by
new development; and
WHEREAS, the State Law governing impact fees is Chapter 395 of the Texas Local
Government Code (the "Code"); and
WHEREAS, the Code Sec. 395.016(g) authorizes a city to reduce or waive an impact fee
for any service unit that would qualify as affordable housing under 42 U.S.C. Sec. 12745;
and
WHEREAS, as part of the Impact Fee Ordinance, an applicant requesting to have impact
fees reduced or waived in accordance with Sec. 395.016(g) of the Code shall provide a
written application to the City of Lubbock which includes the following:
• A description of the development;
• The development location and number of housing units; and
• Written verification from an affordable housing agency verifying that development
is an active participant in an affordable hous.nc7 program.
WHEREAS, the developer of Brook Meadows Estaes (the "Development"), which is to be
developed as an affordable housing community'. h.is s.ilh-nittcd a complete application in
accordance with the Impact Fee Ordinance ind s necking a lull waiver of impact fees
otherwise due from the Development, said app__catlu,i is : tached hereto as Exhibit "A" and
incorporated herein; and NOW, THEREFORI-;:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby receives and accepts the application on behalf of the
Development.
THAT the City Council hereby waives impact fees otherwise due from the Development as
authorized by Sec. 395.016(g) of the Code.
THAT the City Council also hereby retains the right, as authorized by Sec. 395.016(g) of
the Code, to reverse the decision to waive the impact fee and assess an impact fee to each
service unit if the Development is not constructed as affordable housing.
Passed by the City Council on April 9, 2024
Al'I'120VEll AS TO CONTENT:
�1—� �
Erik Rejino, Assistant City Manager
APP120VED AS TO FORM:
Kelli Leisure, Senior Assistant City Attorney
ccdocs/RES.Affordable Housing Impact �ec Request - Brook Meadows Gstates
3.28.24
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