O-2019-3755 amending ch 86 "Development Regulations" of the code of ordinances

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Neighborhood and community parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby,the standards for which are set forth in the La Porte Parks, Recreation and Open Space Master Plan, or neighborhood and community areas. The park zones established by the La Porte Parks and Recreation Department and shown on the official La Porte Parks, Recreation and Open Space Master Plan, or neighborhood area,shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby.The cost of the neighborhood parks should be borne by the ultimate residential property owners who by reason of the proximity of their property to such parks shall be the primary beneficiaries of such facilities.Therefore,the following requirements are adopted to effect such purposes. In order to provide an equitable method of determination of the requirements for future development of residential areas of the City of La Porte,the following formula is hereby adopted: The population of the city based on the latest United States Census data,adjusted on an annual basis based on the predicted growth of the city as found in the parks and open space master plan for the year in which the adjustment is made, is identified. The resultant number is divided by the number of acres of available neighborhood and community parkland inventory in the City of La Porte,resulting in the number of persons per neighborhood or community park acre in the City of La Porte. This result is then divided by the number of La Porte persons per dwelling unit as identified in the latest United States Census data,giving the number of dwelling units per acre of neighborhood or community parkland. This number is then divided into the total acquisition cost for land at the average appraisal value,and development cost per acre for development of the land into a typical park as identified in the parks and open space master plan of the city. This formula provides a baseline for determining the number of dwelling units per acre rate for future development within the city,the parkland dedication or in lieu acquisition costs for parkland,and the cost of future park development. This formula shall be applied and reviewed periodically to assure that the process for future development remains fair and equitable as established herein. In the event that the periodic review results in a determination of inequity,an amendment to the ordinance to correct the inequity will be presented to council for consideration. (b) General requirement for dedication of land and payment of park development fee. (1) Whenever a final plat is filed of record with the County Clerk of Harris County,Texas,or a development site plan,or a property survey is submitted and filed with the approving authority of the city in accordance with the provisions of this chapter and other planning and development ordinances that may be contained within the Code of Ordinances of the City of La Porte,for a development of a residential area within the City of La Porte that contains one or more residential dwelling units, such plat, or site plan,or property survey shall contain a clear fee simple dedication of one acre of land for each 93 proposed dwelling units. As used in this section,a"dwelling unit"means each individual residence,including individual residences in a multi-family structure, designed and/or intended for inhabitation by a single family. Residential structures that are moved from one area of the city to another area of the city are specifically excluded from the park development fee requirements of this chapter. Any proposed plat or site plan,or property survey submitted to the City of La Porte for approval shall show the area proposed to be dedicated under this section.The required land dedication of this section may be met by a payment in lieu of land where permitted by the City of La Porte or required by other provisions in this chapter. In the event a plat is not required and a development site plan or property survey is filed,the dedication of land or payment in lieu of land required under this section shall be met prior to the issuance of a building permit by the approving authority of the city. (2) The City Council of the City of La Porte declares that development of an area less than one acre for neighborhood park purposes is impractical. Therefore, if fewer than 93 dwelling units are proposed by a plat filed for approval,the approving authority may require the developer to pay the applicable cash in lieu of land amount,as provided in subsection(c)below.