(a) 
The city council and the park board jointly find that the preservation and development of parks, playgrounds, recreational facilities, wetlands, trails, and open space areas within the city are essential to maintaining a healthy and desirable environment for residents and persons employed within the city. The value and attractiveness of residential, commercial, and industrial developments to landowners, developers, purchasers, employers, and employees is significantly enhanced by the presence of park and open space amenities.
(b) 
The city council and park board find that the development of land for new residential purposes creates a need for park and recreational land and facilities within the city that exceeds current park resources.
(c) 
This article is adopted to ensure the provision of adequate recreational areas and amenities in the form of neighborhood parks, including trails, as a function of subdivision development in the city to make parkland dedication or fee-in-lieu and park development fee requirements an integral part of the review and approval of residential developments. It is hereby declared by the city council that recreation areas in the form of neighborhood parks, and trails, are necessary and in the public welfare. This article is enacted in accordance with the home rule powers of the city, granted under the state constitution, in statutes of the state including, but not limited to, V.T.C.A., Local Government Code section 212.001, et seq.
(d) 
Neighborhood parks serve new development within the city by requiring each development to pay its share of the costs of such improvements necessitated by, and attributable to, such new development based upon the needs assessed in the adopted city ParkVision — Parks, Recreation, Open Space and Trails Master Plan 2022 ("plan").
(e) 
Neighborhood Parks shall be provided by both new development and construction on vacant lands, as well as by rebuilding and redevelopment of existing residential areas.
(f) 
Neighborhood parks are those that provide a variety of outdoor, recreational facilities, including trails, and that are within convenient distances from a majority of the residences to be served by such parks, the standards for which are set forth in the plan and within this article.
(Ordinance 2024-09 adopted 2/13/2024)
Community parks.
Parks that traditionally serve as a focal point for community-wide activities and provide facilities that serve a broad purpose, balancing active and passive recreation needs. They allow for group activities not feasible nor desirable at the neighborhood level due to noise, lights, and traffic. Community parks are considered a hub for recreational programming and may include programmed sports facilities such as athletic complexes or fields, large swimming pools, multipurpose playground equipment or large play structures, informal and formal fields for youth play, paved areas for court games, trails, picnic shelters, plazas, and community buildings. Portions of land may include areas of natural quality for outdoor recreation, such as walking, viewing, and picnicking and may include natural features such as water bodies or water features and gardens. Community parks are typically 15+ acres in size, serve residents in a 3-mile radius or more, and are easily accessible from major roads.
Develop (v).
The act of subdividing a parcel or tract of land and installation of community facilities in accordance with and as defined by these subdivision regulations.
Developer.
The term "developer" shall have the same meaning given to that term in section 100.100 of the zoning ordinance.
Development (n).
A parcel or tract of land proposed for subdivision in accordance with and as defined by these subdivision regulations.
Dwelling unit.
A building unit or other structure, which is designed exclusively for residential purposes for a family.
Level of service.
The standards and guidelines that define service areas based on population and are used to support investment decisions related to parks, facilities and amenities.
Neighborhood parks.
Parks intended to provide both active and passive recreation for residents for day-to-day leisure periods, such as court/field games, skating, sports play, leisure activities, and small gatherings. These facilities should provide for most intensive uses by children, family groups, and senior citizens and should be accessible to a neighborhood population and geographically centered with safe walking and bicycle access. Neighborhood parks are generally two (2) to 15 acres in size and serve residents within a 1/2-mile radius.
Park.
Land dedicated to, or purchased by, the city for the purpose of providing public recreational and/or open areas. Park means public parks operated by the city, including all park buildings, trails, parkways, and related facilities.
Park board.
The park board of the city.
Park development.
The development of a park site by construction of streets, drainage, utilities, and recreational improvements to serve a neighborhood park district.
Parks master plan or plan or Midlothian ParkVision – Parks, Recreation, Open Space and Trails Master Plan 2022
Being that certain document adopted by the city council on January 10, 2023, pursuant to Ordinance No. 2023-02 to provide vision and future planning guidance relating to the planning and development for public parks, recreational facilities, and open space for the city community through establishing levels-of-service and parkland needs, the original copy of which is on file in the office of the city secretary and incorporated in this article by reference.
Pocket parks.
Small parks, plazas, and open spaces suited for downtown/urban locations or within neighborhoods where larger parks are unavailable. They are largely intended for passive recreation and gathering. Pocket parks are typically smaller than 2 acres in size and serve residents within a 1/4-mile radius.
Special use parks.
Parks that typically serve a particular community need, such as high- intensity athletic uses, nature-based activities, or dog parks that may come in a variety of sizes and may serve either hyper-local or community-wide users.
Trail.
A linear corridor with other site amenities such as landscaping, benched, and lighting which provides a separated right-of-way with cross flows by motorists minimized and which is designed for recreational purposes. Trails are tracts of land that serve and strengthen the community's connections to nature. Trails may be designed for walking, hiking, cycling, and off-road mountain biking. Trails may consist of shared sidewalks, multi-use paths, multi-use paths with dedicated lanes, unpaved trails, and/or mountain bike trails. Trails may be constructed along natural drainage ways and floodplains.
Undeveloped open spaces.
Properties controlled and maintained by the parks and recreation department that lack any park amenities and are not currently accessible to the public.
(Ordinance 2024-09 adopted 2/13/2024)
(a) 
Unless otherwise noted herein, this article shall apply to all property within the city for which an application for final plat or building permit is submitted to the city for approval on or after May 13, 2024. The provisions of this article shall not apply to properties that are included in a valid preliminary or final plat application that was submitted before the effective date of this article.
(b) 
Any tract or lot occupied by an existing residential dwelling unit at the time of adoption of this article shall be exempt from the dedication requirements of this article if the residential dwelling remains on the lot. Said exemption applies only to the tract or lot with the existing residential dwelling. Any additional lots created by further subdivision of the lot shall be subject to the requirements of this article.
(c) 
All requirements contained in this article shall be assessed at the time of approval of the final plat of any applicable property.
(d) 
The provisions of this article shall apply to the city's corporate limits as a part of the subdivision regulation process.
(Ordinance 2024-09 adopted 2/13/2024)
(a) 
The plan has assessed the existing level-of-service of the city and the need for parkland. Parkland dedication requirements and park development fee assessments established in accordance with this article are based upon the level-of-service established in the plan.
(b) 
Except as otherwise provide in this article, a final plat provided for the subdivision for a residential development shall include a fee simple dedication to the city of a portion of such land for park purposes, the area of which shall be calculated at a rate of not less than one (1) acre of parkland per 25 dwelling units. Any proposed plat submitted to the city for approval shall show the area proposed for dedication under this article. The dedication of land required by this article may be satisfied by payment of money in lieu of land when permitted or required herein.
(1) 
The owner or developer shall meet with the parks and recreation director ("parks director") to ensure compliance with the requirements of this section prior to platting. An application for plat approval shall not be accepted unless it is accompanied by written review comments from the parks director.
(2) 
Prior to the final plat submittal, the parks director will work with the owner or developer to define the optimum location of the required parkland dedication based upon current or future parkland needs identified in the plan.
(3) 
If a residential development has multiple phases, where all parkland required is dedicated by the owner or developer in the first or early phase of the development, no additional parkland dedication will be required in later phases unless additional lots that are not shown in the original preliminary plat are included in later phases of the development.
(4) 
Extensions of the city's trail network and trail linkages, other than extensions of the primary trail network as depicted on the trail network structure in the plan shall be included in the calculation of the amount of parkland dedicated pursuant to this article.
(c) 
In instances where an area of less than two (2) acres is required to be dedicated, the city shall have the right to accept the dedication for approval on the final plat, or refuse the same, after consideration of the recommendation from the parks director, and to require payment of cash in lieu of land in the amount provided herein if the city determines that sufficient park area is already owned by the city in the region of the proposed development, or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks.
(d) 
Parkland dedicated and conveyed to the city in accordance with this article in association with the development of property zoned for residential use, including, but not limited to, the areas of a planned development district to be developed for residential purposes, shall count toward the portion of the property within the development required to be developed as open space. This section 10.05.004(d) shall not apply if a parkland dedication fee is paid in lieu of the dedication of land for park purposes pursuant to section 10.05.006.
(Ordinance 2024-09 adopted 2/13/2024)
(a) 
Review and approval of a proposed dedication of parkland shall be subject to the following criteria; provided, however, the parks director may vary or waive any of the following criteria on a finding that the proposed dedication of parkland is in accordance with the development of the city, complies with the provisions set forth in section 10.05.001, and/or requires a variance due to the uniqueness of the property:
(1) 
The parkland shall be clearly visible from the public rights-of-way and shall be located so as to give maximum possible exposure throughout the neighborhood;
(2) 
Access to the parkland must be available from public rights-of-way;
(3) 
Where the proposed parkland is in a floodplain area and proposed as a linear park, the following shall also be considered:
(i) 
Whether the proposed site contains significant environmental features including trees, plants, wildlife, topography, geological outcroppings, unique water features, or any combination thereof;
(ii) 
Whether the proposed site currently provides, or will provide in the future, an effective trail linkage to other existing or anticipated public park sites;
(iii) 
Whether the proposed site is easily accessible, visible, and identifiable;
(iv) 
Whether the proposed site has street frontage along its entire length; and
(v) 
Whether the proposed site is designed to be used and function as a natural waterway with minimal site alteration.
(4) 
When trails are proposed as part of a parkland dedication requirement, the following standards for trail types shall also be considered:
(i) 
General.
Unless specified otherwise, all such trails are encouraged to be constructed of concrete and shall conform to the requirements of the Americans with Disabilities Act and most current edition of the Texas Accessibility Standards, as may be amended. The city's planning department and the engineering department shall provide specifications for concrete, bollards, and signs.
(ii) 
Shared sidewalks.
Trails comprised of widened sidewalks, 8 to 10 feet in width, appropriate for urban settings, and located where off-street land is limited are intended for both pedestrians and bikes in areas where bike lanes are not present.
(iii) 
Multi-use trails.
Trails intended to allow for both pedestrians and cyclists in a shared setting typically along road networks.
(iv) 
Multi-use paths with dedicated lanes.
Trails comprised of separate pedestrian and bike traffic with painted markings, plantings, or physical barriers.
(v) 
Unpaved trails.
Trails intended for rural or naturally sensitive areas with narrower widths suited for pedestrians.
(vi) 
Mountain biking trails.
Trails dedicated to mountain biking or other off-road, nonmotorized activities.
(5) 
Parkland shall not be of unusual topography or slope which renders same unusable for organized recreational activities.
(6) 
Parkland shall be provided with access to all utilities, including water and sewer, along the street frontage of the park.
(7) 
Parkland shall not be burdened with easements, rights-of-way, deed restrictions, or other limitations which prohibit or inhibit the use of the parkland for park purposes.
(b) 
Amount and location.
(1) 
Based upon the city's projected residential population, as stated in the plan, the city desires to provide five (5) acres of parkland for every new 1,000 residents. Parkland complying with the requirements of this article shall be dedicated to the city at a ratio of one (1) acre of parkland for every 25 proposed residential dwelling units or a prorated portion thereof.
Example: Proposed development has 40 dwelling units.
40 dwelling units
= 1.6 acres of parkland dedication
25 dwelling units per acre
(2) 
An owner or developer may dedicate the required parkland for a development at another location owned by the same developer within the city, with the consent of the city, provided that the off-site dedication is in accordance with this article.
(3) 
An owner or developer may have the option of improving existing city parks and associated facilities within city-owned parks. City council may approve a request to improve dedicated parkland in lieu of parkland dedication or fee in lieu based upon the recommendation of the parks director and park board and subject to a development agreement between the owner or developer and the city. Such an agreement shall be required to be submitted in writing with the subdivision plat. Under no circumstance shall the city be required to reimburse the owner or developer should the developer elect to improve the park at an amount greater than required. Once the amenities and improvements are constructed, and after the city has accepted such amenities and improvements, the developer shall deed and convey such amenities and improvements to the city.
(Ordinance 2024-09 adopted 2/13/2024)
(a) 
The city may require a fee to be paid in lieu of parkland dedication per section 10.05.004. This fee in lieu of land dedication, as set forth in this section, does not relieve the owner or developer of the obligation to pay the park development fee set forth in § 10.05.007. The fee payment in lieu of land dedication is in addition to the required park development fee.
(b) 
A property owner responsible for dedication of parkland under this article may elect to satisfy the requirements of section 10.05.004 in whole or in part by a cash payment in lieu of land. Unless and until changed by the city council, such fee shall be computed on the basis of one thousand five hundred dollars ($1,500.00) per dwelling unit. Such payment in lieu of land shall be made at or prior to the approval of the final plat to which the requirement to dedicate parkland is related.
(1) 
Following receipt of the recommendation of the parks director, the city manager or designee shall determine the acceptability of a developer's payment of fees in lieu of parkland dedication requirement of this section.
(2) 
By agreement approved by the city council, the city and the subdivider may alter the time and method of payment and fees in lieu of dedication.
(c) 
If the city purchases land for development for park purposes in or within a 1/2-mile radius or 10-minute walk of a proposed development, the requirement of the dedication of parkland with respect to such development shall thereafter be satisfied by the payment of a park land dedication fee in lieu of the dedication of land. This section 10.05.006(c) does not create an exception to the payment of the required park development fee in accordance with section 10.05.007.
(Ordinance 2024-09 adopted 2/13/2024)
(a) 
The park development fee is supplemental to and not in substitution of any other requirements within this article and shall be calculated on the basis of the fee per dwelling unit as set forth in section 10.05.006. There are hereby established two (2) service areas for park facilities, each of which are designated on the map attached hereto as exhibit A to Ordinance 2024-09, and incorporated herein by reference. Service area boundaries may be amended from time-to-time by ordinance or resolution.
(1) 
In addition to the required dedication of land or fee in lieu of dedication of land, as set forth above, the owner or developer, or their successor, shall pay a park development fee to the city as a condition to building permit issuance. The park development fee shall be established by resolution of the city council and set forth in the city's fee schedule. The established park development fee shall be sufficient to provide for the development of amenities and improvements on dedicated parkland.
(2) 
The park development fee is supplemental to and not in substitution of any other requirements within this article. Unless and until changed by resolution of the city council, the park development fee shall be calculated on the basis of two thousand dollars ($2,000.00) per dwelling unit.
(b) 
The developer of a subdivision may receive a maximum of 100% credit against the parkland dedication and park development fee if the subdivision includes a publicly accessible park or recreational facility. The amount of land in such park or recreational facility shall count towards meeting the parkland dedication requirement imposed on the developer, provided that the land meets the parkland dedication acceptance criteria in § 10.05.005.
(Ordinance 2024-09 adopted 2/13/2024)
(a) 
There is hereby created a special fund to be designated as the "parkland dedication and development fund" and administered by the city manager or designee. The purpose of the parkland dedication and development fund is to provide a source of funding for the purchase or acquisition of real property for park use and to establish and improve public parks for the city.
(b) 
The city manager or designee shall collect fees in lieu of parkland dedication and park development fees in accordance with this article, as amended by city council from time-to-time, and deposit such funds into the parkland dedication and development fund.
(c) 
The city shall account for all sums paid into the parkland dedication and development fund. Monies paid into the parkland dedication and development fund must be expended by the city within ten (10) years from the date of receipt. Such funds shall be considered spent on a first in, first out basis. If not so expended, the owners of the property will, on the last day of such period, be entitled to a refund of the remaining fees. The current owners of the property within the subdivision must request such a refund within (1) year of entitlement, in writing, or such right is waived.
(Ordinance 2024-09 adopted 2/13/2024)
(a) 
The city council may grant a variance from any requirements of this article upon written request by a property owner or developer, only upon a finding that the strict adherence to the requirements herein would result in a substantial hardship which is not common to similarly situated property owners.
(b) 
A property owner or developer may appeal to the city council the following findings of the parks director:
(1) 
The applicability of the parkland dedication;
(2) 
The amount of the fee in lieu due; and
(3) 
The amount of refund due, if any.
(c) 
The burden of proof is on the owner or developer to demonstrate that the amount or applicability of the park dedication or fee in lieu or refund was inaccurately calculated based upon the adopted schedule of fees and calculations.
(Ordinance 2024-09 adopted 2/13/2024)
The parks director shall review the dedication, fee in lieu, and park development fee requirements every two years from the effective date of this article.
(Ordinance 2024-09 adopted 2/13/2024)