Cleburne council approves impact-fee exemption for Habitat for Humanity development, 4-1

The Cleburne City Council voted 4-1 to approve an impact-fee exemption for Fort Worth Area Habitat for Humanity to develop 76 lots in the Fox Meadows subdivision, council documents show.

Staff told the council the exemption, if fully granted, would waive an estimated $387,000 in water, wastewater and roadway impact fees based on the city's current fee schedule for a 3/4-inch meter. Councilmember Derek Weathers moved to approve the resolution; Mayor Pro Tem Blake Jones seconded. The motion passed with four votes in favor and one opposed.

The exemption covers 34 lots in Fox Meadows Phase 2 and 42 lots in Phase 3. City staff said the organization submitted documentation verifying nonprofit status and plans to use deed restrictions to meet federal affordability requirements under 42 U.S. Code. Staff also told the council the city would retain the right to assess fees in the future if the development ceased to meet the affordability criteria or changed ownership.

"We have received the application from the Fort Worth Area Habitat Humanity Group," a staff member said during the presentation, summarizing the application and the supporting materials submitted by the nonprofit. Christine Panagopoulos, who identified herself as chief operating officer for Trinity Habitat for Humanity Fort Worth Area, told the council she appreciated staff assistance and the council's consideration. "We appreciate the process that we went through, to get to this point," she said.

Mayor Scott Kane said he opposed the waiver because impact fees are designed to ensure growth pays for growth and he was concerned existing residents would bear the cost. "I have an issue and concern with granting $387,000 on exemption because ultimately the rest of our residents are gonna have to pay for that," Kane said. He announced he would not vote in favor of the measure. Councilmembers Derek Weathers, Blake Jones, Oliver Cosby and John Warren voted to approve the exemption.

City staff estimated the $387,000 figure using the current fee amounts applied to 76 lots and said the city retains authority to reassess fees if the property no longer complies with the nonprofit affordability criteria. The resolution before council permitted either a full or a partial exemption under the city's impact-fee ordinance.

Action now taken: the resolution was approved by the council; city staff will proceed with whatever administrative steps are required to apply the exemption to the listed lots and to record deed restrictions as described in the application. If Habitat for Humanity or subsequent owners do not meet the stated affordability criteria, the city said it reserves the right to assess the previously waived fees.

Details from the meeting: the exemption request and staff report indicated the waived fees were computed using a 3/4-inch meter fee of $1,358 per lot (plus wastewater and roadway components); staff noted the calculation method in the council presentation. The Fox Meadows site is located on the city's east side near the intersection of Cedar Street and Tremont Street.

The council's action does not change the impact-fee ordinance itself; it applies to this specific application under existing exemption provisions.