O-2016-3633 Ordinance Amending Chapter 86 "Development Regulations"

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(f) Additional requirements, definitions. (1) Any land dedicated to the City under this Chapter must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable and may be ground for refusal of any plat: a. Any area primarily located in the 100 -year floodway as determined by the Harris County Flood Control District. b. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. (2) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City engineering standards as found in Section 5.5.3 of the Public Improvement Criteria Manual of the City of La Porte, 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 flood plain, 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 flood plain. (3) Each park must have ready access to a public street. (4) Unless provided otherwise herein, an action by the City shall be by the approving authority, after consideration of the recommendations of the Commission and/or the Director of Parks and Recreation Department. (5) Any preliminary plat approved prior to the effective date of this ordinance shall be exempt from these requirements set forth herein; however, however when such preliminary approval expires, any resubmission of such plat shall meet the requirements of this ordinance. (g) Instruments of dedication. (1) The park land dedication required Section shall be made in the case of Subdivision by a reservation on the Final Plat as filed in the map records of Harris County, Texas, unless additional dedication is required subsequent to the filing of the Final Plat. In the case of a Development Site Plan, the dedication required by the ordinance shall be made by filing of a deed to the deed records of Harris County. In either event, if the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment by the cash in lieu of land amount provided herein. Sec. 86-26. Waivers. (a) In those instances where, in the opinion of the Commission, strict compliance with the terms, rules, conditions, policies, and standards provided in this Chapter would create an undue hardship by depriving the applicant or subdivider of the reasonable use of the land or, where, in the opinion of the Commission, there are unusual physical characteristics which affect the property in question and which would make strict compliance with the terms and conditions of this Chapter or any rule promulgated 34 Thursday, June 09, 2016