Lancaster City Zoning Code
ARTICLE 14
00 PARK LAND DEDICATION
§ 14.01 Purpose.
(a)
This ordinance is adopted to provide parks, open spaces and recreational areas in accordance with the City of Lancaster Parks, Recreation and Open Space Master Plan and the Hike and Bike Trails Master Plan in the form of parks, open spaces, and trails as a function of subdivision development in the City of Lancaster. This ordinance is enacted in accordance with the Home Rule powers of the City of Lancaster, granted under the Texas Constitution, and the statutes of the State of Texas, including, but not limited by way of limitation, Chapters 211 and 212 of the TEXAS GOVERNMENT CODE. It is hereby declared by the City Council that recreational areas in the form of parks, open spaces and trails are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing subdivided property in the City, whether such development consists of new construction on vacant land, redeveloping, rebuilding or remodeling of structures on existing residential property.
(b)
Parks include public areas providing for a variety of outdoor recreational opportunities within convenient distances from residences to be served thereby, the standards for which are set forth in the Lancaster Parks, Recreation and Open Space Master Plan. Open Spaces include preservation and conservation of land for wildlife habitat or areas of natural significance. Trails include a public city-wide system of off-road hike and bike trails and equestrian trails. Proposed parks, open spaces and trail systems established by the City Council and shown in the official Lancaster Parks, Recreation and Open Space Master Plan and the Hike and Bike Trails Master Plan shall be prima facie proof that any parks and/or trails located therein is within such a convenient distance from any residence located therein. Therefore, the following requirements are adopted to affect the purposes stated herein.
(Ordinance 2006-10-41, sec. 2 (14.1401), adopted 10/23/06)
§ 14.02 Definitions.
When used in the context of this article, the following definitions shall apply:
shall mean the property owner or duly designated agent of the property owner of land for which approval of a final plat has been requested for development.
shall mean the Parks and Recreation Advisory Board of the City of Lancaster.
shall mean the City of Lancaster, Texas.
shall mean the Planning and Zoning Commission of the City of Lancaster.
shall mean a park of approximately 10-50 acres, serving an area 2-3 miles in diameter, serving a population of approximately 20,000 persons and encompassing the service areas of 4 or more neighborhood parks. Community parks may typically contain lighted athletic facilities for more active play purposes, such as ball fields for football, soccer, baseball and softball, and a creation [recreation] center or swimming pool, sufficient off-street parking, restrooms, picnic areas and pavilions, shaded playgrounds, natural trails, ponds. These parks may be located adjacent to existing or proposed greenbelt areas and proposed educational facilities.
shall mean the governing body of the City of Lancaster, Texas.
shall mean any residential activity that requires the approving of a final plat for residential uses as defined in the City of Lancaster Subdivision Ordinance, as amended.
shall mean space dedicated for human occupancy, any building, structure, or manufactured/mobile home, or part thereof, which is designed, used, or intended to be used, for human occupancy as living quarters or [for] one housekeeping unit or family, as provided in the City of Lancaster Comprehensive Zoning Ordinance.
shall mean a park that follows some natural or man-made feature that is linear in nature such as creeks, abandoned railroad right-of-ways, or power line or utility corridor easements. No specific standards apply to linear parks other than to be large enough to adequately accommodate the resources they follow. They can also serve as linear greenbelts, which preserve open space.
shall mean a park of approximately 5-10 acres accessible to residents who live within a 1/2 mile radius of the park, serving no more than 3,000 to 4,000. Neighborhood parks should be designed to service a specific neighborhood area and may include the following: Shaded playground apparatus, unlighted practice/multi-purpose fields, active areas for unorganized play, courts, picnic areas with benches, tables and grills, shaded pavilions and gazebos, trails, security lighting, typically restrooms are not provided in neighborhood parks.
shall mean areas remaining free of buildings, structures or other improvements. Open space in Conventional Suburban Development is defined as a ratio of some function, such as population or land area.
shall mean the official adopted Park, Recreation and Open Space Master Plan and amendments thereto, including policies or development strategies in the City's Comprehensive Plan.
shall mean a development of mixed uses inclusive of residential, business, and retail or combination thereof. Planned developments shall have a defined development through design guidelines of landscape, building types, street types, parking for businesses and residential and open space.
shall mean a park dedicated due to its regional importance and relevance. The size of a regional park can vary from small to large, depending upon the purpose and character of the site. An example in Lancaster would be Ten Mile Creek Preserve.
shall mean the actual or proposed use of land for one or more dwelling units, buildings, structures or manufactured/mobile housing which are designed or intended to be used, in whole or in part, as dwelling units.
shall mean parks designed to accommodate specialized recreational activities. Because the facility needs for each activity need are different, each special purpose park usually provides for one or a few activities. Examples are golf course, athletic fields, nature centers or preserves, swimming pool centers, tennis complexes, etc.
shall mean an individual, firm, association, syndicate, co-partnership, corporation, or other organization dividing or proposing to divide land, developing or making improvements to such land, so as to effect a subdivision of land hereunder for himself, or for itself, or for another.
shall mean the division of any lot, tract, or parcel of land into two (2) or more lots or sites for the purpose of sale or of building development, whether immediate or future. The term includes resubdivision or replatting of an existing subdivision, building upon, or other development of land, but does not include the division of land for agriculture purposes.
(Ordinance 2006-10-41, sec. 2 (14.1402), adopted 10/23/06)
§ 14.03 General Requirement.
(a)
Whenever a final plat is filed of record with the County Clerk of Dallas County, Texas, for residential development (including single-family, dual-family and multi-family residential areas) in accordance with the subdivision and zoning ordinances of the City, such plat shall contain a statement providing for the assessment of a park land dedication fee in the amount of $1,400 per dwelling unit in accordance with this ordinance. Any final plat submitted to the City for approval shall show the area proposed to be dedicated under this ordinance. The required dedication of this section may be met by a payment of fees provided herein or dedication of land when permitted or required by the other provision in accordance with this ordinance. Such fee or land may be used only for park and recreational capital improvements in a neighborhood, special purpose, regional, linear and community parks or to construct hike and bike trails located within the city, unless such requirement is waived by the developer.
(b)
The developer of all residential development, single-family or multi-family, shall be required to pay the applicable fee as provided in Section 14.03(a) or provide an adequate open space within the development. No plat shall dedicate less than five (5) acres shall be approved [sic], unless the dedication will add to an existing park area.
(c)
When two or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the Parks and Recreation Department, at the time of preliminary plat approval, will work with the developers to define the optimum location of dedication dedicated land in lieu of fees within such development. Once a park site has been determined, adjacent property owners who develop around the park site subject to this ordinance will dedicate land to the existing site unless otherwise determined by the City Council.
(d)
The fees or dedication required by this Ordinance shall be made by payment, filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional fee or dedication shall be required.
(Ordinance 2006-10-41, sec. 2 (14.1403), adopted 10/23/06)
§ 14.04 Dedication of Land in Lieu of Fee.
(a)
The City may, from time to time, decide at its sole discretion to accept land for parks in or near the area of actual or potential development in lieu of the fees provided in this ordinance. These requirements shall apply to all single-family, duplex, triplex, fourplex, and multi-family residential developments in the City of Lancaster.
1.
Whenever a final plat is filed on record with the County Clerk of Dallas County for development of a residential area in accordance with the subdivision ordinance of the City, such plat shall contain a clear fee simple dedication of an area of land to the City for park, open space and/or trail purposes in accordance with the Parks and Open Space Master Plan and the Trail System Master Plan. The area shall equal one (1) acre per fifty (50) proposed dwelling units. Any proposed plat submitted to the City for approval shall identify the proposed park land to be dedicated and designate the area with a lot and block number. Trails shall be designated as either hike and bike or equestrian trail right-of-way. A trail easement will be accepted if said land is adjacent to a drainage easement and bisecting a piece of property. The dedication herein may be met by a payment of money in lieu of land or capital improvements in lieu of land when permitted or required by other provisions of this Ordinance.
2.
The obligation of the developer to dedicate park land or make payments or improvements in lieu thereof shall be in addition to and independent of the requirements of the developer to provide open space with a Planned Development (PD) district. However, if the open space in the Planned Development (PD) exceeds twenty percent (20%) of the project area and is dedicated and accepted by the City as public park land, the required dedication or payment in lieu of may be reduced by the amount of excess acreage.
3.
The City Council has determined that development of an area smaller than five (5) acres for a public park is impractical. Therefore, if fewer than two hundred fifty (250) units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land provided by this Ordinance. An exception will be made if the dedication will increase the size of an existing park adjacent to the proposed plat or provide a trail location and/or connection.
4.
In instances where land is required to be dedicated, the City shall have the right to accept the dedication for approval on the plat request or to refuse same, after consideration of the recommendation of the Parks and Recreation Director. If the City refuses the land dedication, the developer is required to make a payment of cash in lieu of land in the amount provided in Section 4.03 [14.03] if the City determines that sufficient park and/or trail area is already in the public domain in the area of the proposed development, or if the recreation potential for said park zone would be better served by expanding or improving existing parks.
5.
In instances where land dedication for trail development is required, the City Council shall have the right to require construction of the trail in accordance with the City-Wide Trail System Master Plan standards for trail construction. In instances where sidewalk and hike/bike trails are in the same location, the hike and bike trail shall replace the sidewalk. Park Development Fees will be only credited for the difference of the required width. The applicant/developer shall receive a credit of Park Development Fees equal to the cost of construction up to the amount of Park Development Fees required. Reimbursement will not be made to applicant/developer for any amount of construction above the Park Development Fees credited. Construction of the trail must be completed in conjunction with all other public improvement/infrastructure and approved by the City for release of the Building Permit. All improvements or construction on or within the dedicated land to be installed by the applicant/developer shall be completed in accordance with the approved Construction Plans. Finished project shall be maintainable and acceptable as determined by the City.
6.
The dedication required herein shall be made by filing of the final plat with the Dallas County Land Records Office or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by Section 4.03 [14.03] or by the dedication of additional park land to the City.
(b)
Combined Land Dedication and Payment of Cash For Equal To or Greater Than a Five Acre Dedication:
In instances where an area equal to or greater than five (5) acres is required to be dedicated, the City shall have the right to accept not less than five (5) acres in partial fulfillment of the dedication requirement with the remaining obligation may be fulfilled by payment of fee.
(c)
There may be certain situations and circumstances which are unforeseen which arise with respect to certain tracts of land to be developed, including those parcels which were in final plat stage at the time of the passage of the original park land dedication ordinance, which require special attention and consideration by the City Council; and the City Council, upon showing of unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions of this ordinance due to the topography or other conditions, and not merely a convenience to the applicant, may permit an exception in the strict application of this Ordinance, provided such exception will not seriously affect adjoining property or the general welfare of the community. Any variance granted shall not establish a precedent for other tracts, and each parcel or development shall comply with the terms of this Ordinance unless the criteria for an exception set forth above are met.
(d)
Timing of payment.
Such payment shall be made at the time of acceptance by the City. Final plat shall not be filed until all have been paid to the City.
(e)
Notation of agreement.
Subject to approval of the City Council, a developer responsible for dedication under Section 4.03 [14.03] may elect to meet the requirements of this section in whole or part by a cash payment in lieu of land, in the amount set forth in Section 14.03. Such payment in lieu of land shall be made prior to plat recording with Dallas County, prior to issuance of a Building Permit, or as specified in a Development Agreement. Such agreement to make a payment of cash in lieu of dedication or reservation shall be clearly noted on the face of the final recorded plat at the time of submission to the City for action by the Planning and Zoning Commission.
(Ordinance 2006-10-41, sec. 2 (14.1404), adopted 10/23/06)
§ 14.05 These Requirements Shall Apply To All Nonresidential Developments in The City of Lancaster.
(a)
In instances where land is required for trail construction in accordance with the City-Wide Trail System Master Plan, the City shall have the right to require the land dedication for approval on the final plat, or to refuse same.
(b)
The City Council shall have the right to require construction of the trail in accordance with the City-Wide Trail System Master Plan standards for trail construction. In instances where sidewalk and hike/bike trails are in the same location, the hike/bike trail shall replace the sidewalk. Construction of the trail must be completed in conjunction with all other public improvements/infrastructure and approved by the City for release of the Building Permit. All improvements or construction on or within the dedicated land to be installed by the developer shall be completed in accordance with the approved Construction Plans. Finished project shall be maintainable and acceptable as determined by the City.
(Ordinance 2006-10-41, sec. 2 (14.1405), adopted 10/23/06)
§ 14.06 Capital Improvements in Lieu of Land.
Subject to approval of the City Council, an applicant/developer responsible for dedication under Section 14.03 may elect to meet the requirements of Section 14.04 in whole or part by constructing or completing capital improvements in existing City parks or dedicated park land in lieu of land. These improvements should be made in accordance with the Parks and Open Space Master Plan. Should any of this option be exercised, the City and the developer shall enter into a developer's agreement for credit of expenses equal to the cost of construction, prior to initiation of work on such improvements. Reimbursement will not be made if the developer chooses to improve park lands at a greater amount than required. Such developer's agreements for improvements shall be made prior to plat recording with the County or as specified in the Development Agreement.
(Ordinance 2006-10-41, sec. 2 (14.1406), adopted 10/23/06)
§ 14.07 Character and Minimum Area.
(a)
In determining the appropriateness of land to be dedicated under 14.04 the following shall be considered: Size, dimensions, topography, and general character as is reasonable required to meet the demand and need of future residents, e.g., multi-purpose trail, open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, and such other recreational uses.
(b)
In determining the appropriateness of the dedication in lieu of fee, the City may also consider the use of such property for its Trail Network Plan as provided in the Comprehensive Master Plan or the Comprehensive Park Master Plan.
(c)
Consideration shall also be given to unique natural areas or floodplains that provide linkages between parkland set aside or reserved for open space or other appropriate dedication.
(d)
The minimum amount of open space and park and recreational area that shall be dedicated or otherwise reserved pursuant to this section shall be two (2) acres per one hundred (100) dwelling units. Land within floodplains and floodway designated areas shall not be counted toward meeting this requirement unless more than 50% of the site is located above the 100-year floodplain.
(e)
No land dedicated or otherwise reserved in compliance with this section shall have dimensions smaller than one hundred feet (100') in width and one hundred fifty feet (150') in depth. In any development that includes wooded areas, floodplains, or other natural features that are desirable to maintain, the City Council may grant an exception from the strict application of these minimum dimensions, whenever it determines that by doing so the protection and preservation of such areas will be promoted.
(f)
Extensions of the City's trail network and trail linkages, other than extensions of the primary trail network as depicted in the Comprehensive Master Plan, shall be included in the calculation of the amount of open space and recreational area dedicated or otherwise reserved pursuant to this section.
(g)
The following characteristics of a proposed area are generally unsuitable (unless recommended in the Park and Open Space Master Plan or City-wide Trail System Master Plan and/or City Council makes an exception):
1.
Any area primarily located in the 100-year floodplain.
2.
Any areas of unusual topography or slope that renders same unusable for recreational activities.
3.
The above characteristics stated in Section(s) 14.07(g).1 and 14.07(g).2 of proposed park land, open space, or trail dedication may be grounds for refusal or [of] any preliminary or final plat.
(h)
Drainage areas may be accepted as part of a park and/or trail if the channel is constructed in accordance with City engineering standards, and if so [no] significant area of the park is cut off from access by such channel. If land dedicated is in the floodplain or floodway and is required to be dedicated for drainage easements, then it may not be credited for the required park dedication.
(i)
Each park shall have ready access to a public street. All streets fronting a park shall be single loaded streets unless City Council makes an exception.
(j)
For more than five (5) acres of land, an environmental study, audit or assessment may be required demonstrating that the property is in a condition that would allow the City to utilize the property for park purposes without expenditures to remove environmental waste or hazardous materials, [and] that the property is suitable and safe for use as a park and is free from environmental-related problems.
(k)
All rubbish, trash, junk and other offensive materials shall be removed from all dedicated lands and the property returned to its natural condition except as to approved construction and improvements thereon.
(Ordinance 2006-10-41, sec. 2 (14.1407), adopted 10/23/06)
§ 14.08 Prior Dedication.
(a)
If a dedication fee or cash payment, or a combination thereof, arose prior to the passage of this Ordinance, that dedication or cash payment in lieu of dedication requirement shall be governed by the provisions of the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual density of structures constructed upon the property is greater than the former assumed density. Additional dedication shall be required only for the increase in density and shall be based upon the ratio set forth in section B of this Ordinance [section 14.04].
(b)
For any tract of land zoned "Planned Development" prior to the effective date of this Ordinance and for which tract a dedication of land or a cash payment in lieu of land was accepted by the City, no additional dedication of land or cash payment in lieu of land shall be required for such tract unless the density of the zoned tract is changed by plat, zoning or development to a degree which would require additional dedication or cash in accordance with State or local law and pursuant to the Lancaster Development Code.
(Ordinance 2006-10-41, sec. 2 (14.1408), adopted 10/23/06)
§ 14.09 Private Park Option–Open Space.
Public Improvement District Park Land Development. The City Council may authorize Park Land Development in lieu of fee or dedication and upon application by a developer or other person or firm with a legal interest in the land to be developed, allow the open space and park and recreational areas required by this ordinance or a portion thereof, to be restricted to the use and enjoyment of the residents of the particular development or subdivision. The City Council may grant such request whenever it finds that:
(1)
The public open space and park and recreational areas required by this ordinance cannot be effectively integrated into the public park system of the City;
(2)
The open space and park and recreational needs of the residents of the development or subdivision can be supplied by the reservation of private open space and recreational areas at least as adequately as by the dedication of public park land;
Such areas shall be maintained by and deeded to a mandatory homeowners' association, pursuant to the provisions of section (9)(M)(iii) in the Subdivisions Ordinance.
Editor's note–Subdivision regulations are now located in article 16.00 of the Development Code.
(3)
Such open space and park and recreational areas shall be clearly noted on the face of the plat as "Private Open Space or Private Recreational Land" at the time of submission to the City for action by the Planning and Zoning Commission and City Council.
(4)
Such instrument shall be approved by the city attorney as to legal form and effect, and by the Planning and Zoning Commission as to the suitability of the proposed use of the proposed open space and recreational areas.
(Ordinance 2006-10-41, sec. 2 (14.1409), adopted 10/23/06)
§ 14.10 Consideration of Park, Recreation and Open Space Master Plan/Comprehensive Plan.
(a)
Land depicted on the Comprehensive Plan, as being suitable for development in the City for a major recreational center, school site, park, or other public use, shall be reserved, for a period of one (1) year after the preliminary plat is approved by the City if within two (2) months after such approval, the City Council advises the developer of its desire to acquire the land or the interest of another government unit to acquire the land for purchase by the interested governmental authority at land appraisal value at the time of purchase. A failure by the City Council to so notify the developer shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the preliminary plat shall expire without adoption of a final plat.
(Ordinance 2006-10-41, sec. 2 (14.1410), adopted 10/23/06)
§ 14.11 Special Fund Refund.
(a)
All funds collected by this dedication process will be deposited in the City's Park Land Dedication Fund and used solely for the purchase, leasing, construction, remodeling, maintaining, and improvement of park land and development of parks, including but not limited to, facilities and services provided in each park. Money in the Park Land Dedication Fund may be used to pay interest and principal on any land, certificate of obligation or other debt instrument the City has issued for park purposes. All expenditures from this fund will be reviewed by the Parks and Recreation Department and approved by the City Council.
(b)
The City shall account for all sums paid in lieu of land dedication under this section with reference to the individual plats involved. Any funds paid for such purposes must be expended by the City within ten (10) years from the date received by the City for acquisition or development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first in, first out basis in a particular park zone. If not so expended, the owners of the property on the last day of such period shall be entitled to refund of any funds which were not spent by the City. The owners of such property must request such refund within one (1) year of entitlement, in writing, or such right shall be barred.
(Ordinance 2006-10-41, sec. 2 (14.1411), adopted 10/23/06)
§ 14.12 Criteria for Acceptance of Park Land.
(a)
The following are required at the time of platting and shall be met before land required to be dedicated pursuant to this ordinance shall be accepted by the City. The developer shall submit a plat request in compliance with the following requirements:
(1)
The owner and/or developer shall agree that no construction materials be disposed of or deposited within the park by its contractor, subcontractors, employees or agents at any time while the subdivision is being built. If materials are being deposited or disposed of within the park, the owner and/or developer will be required to remove these materials within seventy-two (72) hours of written notice by the City.
(2)
Each corner of the parkland to be donated shall be surveyed with dedicated area marked with a permanent monument consisting of three-fourths inch (3/4") iron pins set in concrete. These shall be located and identified on a recordable land survey completed by a land surveyor registered in the state of Texas and provided to the City by owner and/or developer.
(3)
The developer shall provide for adequate drainage through the proposed park to eliminate standing water and health hazards.
(4)
A water main, sewer and electrical utilities deemed appropriate by the City shall be stubbed to the park area of a size and location specified by the Director of Parks and Recreation to provide for future utility needs of the park.
(5)
Proper vehicle access shall be provided to enable trucks, tractors, mowers, etc. to enter the park.
(6)
Sidewalks shall be constructed adjacent to park lands that provide contiguous walkways on all sides of the adjoining development, unless this requirement is waived by the City.
(7)
Signage designating the area as parkland shall be supplied by developer and/or owner and shall be designed and installed to the following specifications:
(A)
Sign boards installation must comply with city sign regulations concerning vision clearances.
(B)
Sign boards shall be of two inch (2") thick redwood, and shall be one foot (1') high by eight feet (8') wide.
(C)
Sign boards shall be supported by two (2) redwood sign posts, eight feet (8') tall and four-inch (4") by four-inch (4") dimension.
(D)
The top sign board shall have the name of the park routed in eight-inch (8") high lettering in Helvetica style type.
(E)
The bottom sign board shall have LANCASTER PARKS AND RECREATION DEPARTMENT routed in six-inch (6") high lettering in Helvetica style type.
(F)
Letter routing shall be at least three-eighths inches (3/8") in depth, and routed surface shall be painted white prior to installation with an oil-based enamel paint.
(G)
The top sign board shall be four inches (4") from the top of the post, and the bottom sign board shall be ten inches (10") from the top sign board.
(Ordinance 2006-10-41, sec. 2 (14.1412), adopted 10/23/06)
§ 14.13 Additional Requirements.
(a)
Any land dedicated to the City under the Lancaster Development Code must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable:
(1)
Any area with more than 50% of the site located in the 100-year floodplain.
(2)
Any areas of unusual topography or slope which renders same unusable for organized recreational activities.
(3)
Any area encumbered by overhead utility lines or easements of any type which would limit the opportunity for recreational and park development.
(4)
It does not or would not front an improved public street or would not be readily accessible, in whole or in part, to the public.
The above characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. |
(b)
Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City engineering standards, if no significant area of the park is cut off from access by such channel, if not less than five (5) acres of the site is above the 100-year floodplain, or if the dedication is in excess of ten (10) acres, not less than fifty percent (50%) of the site should be included in the 100-year floodplain. If a significant area of the park land is cut off from access by such channel, a wooden bridge construction may be permitted to provide access to the park areas. All bridge construction must comply with City engineering standards.
(c)
Each park must have ready access to a public street.
(d)
Unless provided otherwise herein, an action by the City shall be by the City Council, after consideration of the recommendations of the Planning and Zoning Commission.
(e)
Any preliminary plat approved prior to the effective date of this Ordinance shall be exempt from these requirements set forth herein, when such preliminary approval expires, any resubmission of such plat shall meet the requirements of this Ordinance.
(Ordinance 2006-10-41, sec. 2 (14.1413), adopted 10/23/06)