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Ord 2009-073
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Ord 2009-073
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Last modified
4/13/2016 3:28:10 PM
Creation date
12/9/2009 10:10:59 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2009-73
Date
12/1/2009
Volume Book
184
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reasonable method for the dedication of public parkland, or the payment of a fee in lieu is <br />of property dedication, that is directly related to the need for high quality park land and <br />open space sites for the use and enjoyment of the citizens of San Marcos. <br />(b) Criteria for land dedication. All residential subdivisions, regardless of type, shall be <br />required to dedicate suitable land for park or open space development in the amount of <br />five acres per 1,000 ultimate residents of the subdivision. For purposes of calculating the <br />ultimate number of residents of the subdivision, the following number of persons per unit <br />shall be used: <br />(1) 2.7 residents per single-family dwelling; <br />(2) 2.5 residents per townhouse, duplex or condominium unit; and <br />(3) 2.1 residents per multifamily residential unit <br />(c) Calculation. Residential units shall be calculated based on the actual number of single- <br />family, duplex and townhouse lots platted in the subdivision. Multiple-family and <br />condominium units shall be calculated on the maximum allowed density of the zoning <br />district in which the lot is located. If the subdivision is located outside of the City limits, <br />multiple-family units shall be calculated at the rate of 24 dwelling units per acre, and <br />condominium units shall be calculated at the rate of 12 dwelling units per acre, unless <br />deed restrictions are filed restricting the property to a lesser density. The formula shall <br />therefore be: Five acres (multiplied by) #units (multiplied by) residents per unit (divided <br />by) 1,000. <br />(d) Exemption from Dedication Requirements. Parkland dedication requirements shall not <br />apply to either the subdivision of commercial, industrial or other nonresidential lots, or to • <br />the replatting of previously platted residential lots, where such lots were subject to <br />parkland dedication requirements at the time of the prior subdivision. <br />(e) Criteria for park and open space dedication. Land dedicated for parks or open spaces <br />shall be appropriate for the intended purpose. The following criteria shall apply to land <br />proposed for parkland or open space dedication: <br />(1) At least 50% of the parkland that is required to be dedicated (based on the <br />previously described calculation) shall be acceptable in terms of design, location, <br />etc., for use as an area of active recreation. <br />(2) Drainage ditches, detention ponds, power line easements, steep slopes and <br />similar sites shall not be accepted for parkland dedication, unless the <br />Commission finds, after consultation with the DbFeG+^F of Pad% and ReGFeatien <br />Director of Community Services, that the land has exceptional recreational value <br />that warrants its acceptance as parkland or open space. <br />(3) The dedication of land within the 100-year floodplain is acceptable, provided the <br />land consists of the native floodplain that is unaltered by channelization or other <br />man-made stormwater control facilities. <br />(4) All parkland and open space dedication shall be consistent with the goals, <br />objectives and policies of the City's adopted Park Plan (as amended). <br />(f) Fee in Lieu of Dedication. A cash fee for the purchase of offsite parkland may be paid in <br />lieu of all or part of the dedication of onsite parkland. The cash fee in lieu of parkland <br />dedication shall be set by resolution of the City Council (see the Technical Manual). All • <br />fees in lieu of dedication shall be paid prior to the recordation of the final plat or prior to
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