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O-79-601 - 2/8/1979THAT: ORDINANCE NO. 1001 AN ORDINANCE REPEALING SECTION 8.3 OF THE REVISED SUB- DIVISION ORDINANCE AND CREATING A NEW SECTION 6.15 CONCERNING THE DEDICATION OF PARK LANDS OR FEES IN LIEU THEREOF; DEFINING CERTAIN TERMS; PROVIDING CRITERIA FOR VOLUNTARY LAND DEDICATION AND FOR CONTRIBUTION IN LIEU OF LAND; PROVIDING FOR A LETTER OF CREDIT; PRO- VIDING FOR PROCEDURES TO RESERVE LAND FOR FUTURE PARK USE; PROVIDING REGULATIONS FOR THE TREATMENT AND TRANSFER OF LAND; PROVIDING REGULATIONS FOR THE PAYMENT OF FEES IN LIEU OF LAND; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. Sec. 8.3. of the Revised Subdivision Ordinance of the City of Round Rock is hereby repealed. II. A new Sec. 6.15 is hereby created and added to the Revised Subdivision Ordinance of the City of Round Rock as follows: "6. Dedication of Park Lands or Payment of Fees in Lieu Thereof" As a condition of approval for a planned development or a final subdivision plat, each subdivider or developer shall be en- couraged to dedicate park land, or contribute cash or park improve- ments in lieu of land dedication, or any combination thereof as determined by the City Planning and Zoning Commission. A. Definitions: For the purpose of this Section, certain words and terms are hereby defined; terms not defined herein shall be construed in accordance with Section 2. hereof and the City Zoning Ordinance, as amended; other codes and ordinances or their customary useage and meaning. 1. Minor Subdivision: any residential subdivision or residential portion of a subdivision less than ten acres. 2. Major Subdivision: any residential subdivision or residential portion of a subdivision ten acres or greater. 3. Park Improvements: any improvements which directly attri- bute to the development of park land for the enjoyment and use by the intended park users. Such improvements may include, but shall not be limited to the following: 1. curb /gutter and one -half paving section costs bordering all park land 2. water /sewer line costs bordering all park land 3. land forms created by the subdivider or developer 4. Holding Costs: any and all costs incidental to the respective tract of land borne by the respective land owner. B. Criteria for Voluntary Land Dedication: 1. Eligibility of Subdivisions for Park Land Dedication Require- ments a. Minor subdivisions - -the developer of any subdivision classified as a minor subdivision shall not be required to dedicate park land. The developer of minor sub- divisions shall pay a cash contribution in lieu of park land dedication calculated pursuant to Section C.1.b. b. Major subdivisions-- the developer of any subdivision classified as a major subdivision may be required to dedicate park land. Recommendation of a cash contribu- tion in lieu of park land dedication may be made to the Planning Commission by the Director of Parks and Recreation. 2. Land Dedication Requirement a. Each subdivider or developer shall dedicate eight percent (8 %) of the total tract, excluding any commer- cial or industrial tracts that may be in the tract. The Director of Parks and Recreation shall determine the suitability of the subject tract pursuant to recom- mended dedication criteria. 3. Location The Parks Element of the General Plan adopted by the City Council of Round Rock shall be used as a guide for location of park sites. All land intended for park purposes shall be inspected both on the plat and in the field by the Director - 2 - of Parks and Recreation, who shall make a recommendation to the Planning Commission. The final decision on accept - ance of park land shall be made by the Planning Commission. 4. Credit for Private Park Land and Facilities Subdividers and developers may be allowed a credit against the park land dedication requirement for private parks or recreational facilities provided for the residents of a particular subdivision or planned development. The Director of Parks and Recreation shall recommend to the Planning Commission the amount of the credit to be allowed, if any. C. Criteria for Contributions in Lieu of Park Land: 1. Cash Contribution in Lieu of Park Land: a. The Director of Parks and Recreation may recommend to the Planning Commission that a cash contribution be made equivalent to and in lieu of park land. b. The Director of Parks and Recreation shall recommend to the Planning Commission that developers of all minor subdivisions meet the suggested park land require- ment with a cash contribution at the rate of $124.00 per dwelling unit for single - family; $113.00 per dwelling unit for two - family; $105.00 per dwelling unit for multi - family. c. The Director of Parks and Recreation may recommend to the Planning Commission that the developers of all major subdivisions shall meet the suggested park land dedication requirements with a cash contribution at the rate of $124.00 per dwelling unit for single - family; $113.00 per dwelling unit for two - family; $105.00 per dwelling unit per multi - family. 2. Deposition of Cash Contributions: All cash contributions received by the City shall be re- ceived by the Director of Parks and Recreation and forwarded to the Director of Finance. The Director of Finance shall deposit said funds directly into the Park Fund, as esta- blished by the City Council of Round Rock. - 3 - 3. Park Improvements in Lieu of Park Land: a. The Director of Parks and Recreation may recommend to the Planning Commission that a subdivider or de- veloper dedicate park improvements in lieu of park land, equivalent to the cash contribution herein. b. All improvements shall be subject to adopted City specifications and codes. Should there be no adopted specifications or codes adopted by the City, the Director of Parks and Recreation shall promulgate such specifications, especially in the case of park/ playground equipment. c. All improvements made by the subdivider shall be given credit towards the suggested park contribution according to 1. The actual cost of utilities installed bordering the park land at the time the utilities were installed. 2. The actual cost the City would have to pay for the equivalent park /playground equipment at such time improvements are made. 4. Combinations of Contributions in Lieu of Park Land: The Director of Parks and Recreation may recommend to the Planning Commission that a subdivider or developer make a contribution in a combination of park land, cash, and /or park improvements. Determination of exact contribution amounts shall be determined by the Director of Parks and Recreation and recommended to the Planning Commission. D. Letter of Credit: A irrevocable letter of credit equivalent to the amount of the park dedication shall be given to the Director of Parks and Recreation prior to the final plat being signed by the Planning Commission. The issuer and form of said letter shall be sub- ject to the approval of the Planning Commission. E. Reservation of Additional Park Land: In the event that the Park Plan element of the General Plan for - 4 - the City specifies a larger: ,:mount of park land in a sub "di - vision or planned development than the subdivider or developer may be required to dedicate, the land needed beyond the respective contribution shall be reserved for subsequent acquisition by the City. 1. The City may elect to hold such land by: a. purchasing an option to buy the property for a period and at a price as agreed upon by the City and subdivider or developer, or b. indemnifying the owner of the land for all holdings costs for a period of time, said costs and time period to be agreed upon by the City and subdivider or developer, or c if the City and subdivider or developer cannot agree on 1) or 2) above, then City may elect to prohibit any de- velopment or improvement to the proposed park land for a period not to exceed six (6) months, during which time the City shall use reasonable and diligent efforts to ac- quire the necessary funds or financing to purchase the subject tract. 2. No provision herein shall in any way be construed as a limi- tation of the City's authority to acquire park land by eminent domain. F. Land Treatment Upon preliminary platting of the park land from the subdivider or developer to the City, the subdivider or developer shall not cause or allow any fill material or construction debris to be dumped on the land, or otherwise alter, damage or impair the land, water or vegetation on the park site, without written permission from the Director of Parks and Recreation. The Di- rector of Parks and Recreation may allow the subdivider or developer to dump fill material and take other respective actions specified in this Section when such action would be beneficial to the park land. In such cases, the Director of Parks and Recreation shall provide a letter to the respective subdivider or developer. - 5 - G. Transfer of Land: 1. The area to be dedicated as park land shall be shown on the final plat as "Park Land Dedicated to the City of Round Rock" with the respective acreage of the park land also shown. 2. Dedication of park land shall be included in the narrative portion of the plat where the subdivider or developer dedicates all easements, right -of -ways, etc., to the City of Round Rock. 3. The City Attorney shall prepare a warranty deed for the park land depicted on the final plat that contains the dedicated park land, which shall be signed by the developer on or before the subdivision is seventy -five percent (75 %) built out according to issued Certificates of Occupancy. H. Payment of Fees in Lieu of Land: 1. The subdivider or developer shall pay any cash contribution to the City on or before the subdivision is seventy -five percent (75 %) built out according to issued Certificate of Occupancy. 2. Should the subdivider or developer divide the subdivision into sections, the fee for the entire subdivision shall be divided by the number of sections in the subdivision, and the fee attributable to each section shall be paid on or before the respective section is seventy -five percent (75 %) built out according to issued Certificates of Occupancy. III. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. IV. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. (Mark through the following alternative that is not applicable) Alternative 1. By motion duly made, seconded and passed with an affirmative - 6 - vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this d day of t 7././i`1./.l./,Ik l ., , 1979. Alternative 2. day of , 1979. ATTEST: READ, AP JO:! E LAND, ity Secretary PROVED on first reading this the , 1979. an ADOPTED on second reading this ROBERT G. GRIFFI i'7, Mayor City of Round Rock, Texas