Commission rejects developer����'s request for $1.8M in impact‑fee credits for Woodlands project

The commission declined to approve a development impact‑fee credit agreement that the Woodlands developer said would offset roughly $1,826,420 in park, government‑facility and multimodal impact fees.

Attorney Christina Balenki, representing Woodlands interests, summarized the package and said many of the improvements and monetary contributions had already been contemplated in the development agreement and state statute allows dollar‑for‑dollar credit for public facilities. She told commissioners the creditable contributions included pocket parks, walking trails, roadway improvements and a $750,000 contribution earmarked to the Shaker Village Eastside Community Center.

Commission debate was sharply contested. Vice Mayor Bolton questioned whether donations called "voluntary" in the development agreement were now being treated as creditable fees, saying, "You can't have your cake and eat it too." He argued the city should not convert voluntary contributions into fee credits that reduce city revenues. The motion to approve the credit — put to a roll call — failed: Commissioners Wright, Bolton and Daniel voted no; Commissioner Patterson and Mayor Gomez voted yes.

What happened next: With the motion defeated, the developer leaves without the requested credits; staff will maintain records of the application and the development agreement provisions and may advise the developer and the commission on next steps. The city's staff note the credits were based on code section 10‑5.7 and state statute 163.31801(a), but the commission's vote shows legal entitlements can be contested in public forums.

Key vote: "Commissioner Wright: No; Vice Mayor Bolton: No; Commissioner Daniel: No; Commissioner Patterson: Yes; Mayor Gomez: Yes."