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O-80-640 - 1/10/1980ORDINANCE NO. e,440 AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE CODE OF ORDINANCES, CHAPTER 8, SECTION 6, SUBSEC- TION 0, DEALING WITH THE DEDICATION OF PARK LANDS. WHEREAS, it is not the intention of the City Council to require the mandatory dedication of park land as a condition of plat approval, and WHEREAS, the ordinance has been interpreted by the Texas Parks And Wildlife Department as being a mandatory require- ment, and WHEREAS, in order to clearly establish that the park land dedication provisions are voluntary, the City Council wishes to adopt the following amendments, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That Chapter 8, Section 6, Subsection 0, is hereby amended as follows: A. Subsection O. is hereby amended to read as follows: 0. DEDICATION OF PARK LANDS OR PAYMENT OF FEES IN LIEU THEREOF Prior to approval of a planned development or a final subdivision plat, each subdivider or developer shall be encouraged to dedicate park land, or contribute cash or park improvements in lieu of land dedication, or any combination thereof as determined by the City Planning and Zoning Commission. B. Subsection 0. paragraph (2), subparagraph (a) is here- by amended to read as follows: (a) Eligibility of Subdivisions for Park Land Dedica- tion Minor Subdivisions. The developer of any subdivision classified as a minor subdivision shall not be re- quired to dedicate park land. The developer of minor subdivisions is encouraged to pay a cash contribution in lieu of park land dedica- tion calculated pursuant to Subsection 3(a). Major Subdivisions. The developer of any subdivision classified as a major subdivision may be requested to dedicate park land. Recommendation of a cash contribu- tion in lieu of park land dedication may be made to the Planning and Zoning Commission by the Director of Parks and Recreation. C. Subsection 0. paragraph (2), subparagraph (b) is here- by amended to read as follows: (b) Land Dedication Guidelines Each subdivider or developer is encouraged to dedi- cate eight (8 %) percent of the total tract, excluding any commercial or industrial tracts, that may be in the tract. The Director of Parks and Recreation shall determine the suitability of the subject trade pursu- ant to recommended dedication criteria. D. Subsection 0. paragraph (3), subparagraph (a) is here- by amended to read as follows: (a) Cash Contribution in Lieu of Park Land The Director of Parks and Recreation may recommend to the Planning and Zoning Commission that a cash contri- bution be made equivalent to and in lieu of park land. The Director of Parks and Recreation shall recommend to the Planning and Zoning Commission that developers of all minor subdivisions meet the suggested park land dedication guidelines with a cash contribution at the rate of One Hundred Twenty -Four ($124.00) Dollars per dwelling unit for single - family; One Hun- dred Thirteen ($113.00) Dollars per dwelling unit for two - family; One Hundred Five ($105.00) Dollars per dwelling unit for multi - family. The Director of Parks and Recreation may recommend to the Planning and Zoning Commission that the devel- opers of all major subdivisions shall meet the sug- gested park land dedication guidelines with a cash contribution at the rate of One Hundred Twenty -Four ($124.00) Dollars per dwelling unit for single - family; One Hundred Thirteen ($113.00) Dollars per dwelling unit for two - family; One Hundred Five ($105.00) Dollars per dwelling unit for multi - family. II. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. III. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. (Mark through the following alternative that is not appli- cable) Alternative 1. By motion duly made, seconded and passed with an affirm- ative vote of all the Council members present, the require- ment for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this / day of January, 1980. Alternative 2. REAP . APPROVED on first reading this the ay of January, 1980. READ, APPROVED - OPTED on seco ding this the ATTEST: 4, ..a /It NNE LAND, i y Secretary //. /LJI / 'ON °, M yor City of Round Rock, Texas