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

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(e) Prior dedication,absence of prior dedication. (1) If a dedication requirement arose prior to the passage of this chapter,that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual number of dwelling units constructed upon property is greater than the former assumed or planned number of dwelling units.Additional dedication shall be required only for the increase in the number of dwelling units and shall be based upon the land dedication and park development fee requirements set forth herein above. (2) At the discretion of the city,any former gift of land to the city may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands.The approving authority shall consider the recommendations of the Parks and Recreation Department and the Planning and Zoning Commission in exercising its discretion under this subsection. (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 acres of the site is above the 100-year floodplain,or if the dedication is in excess of ten acres,not less than 50 percent 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 chapter 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 chapter. (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 under this chapter not feasible,the commission may grant the applicant or subdivider a waiver as to one or more requirements as long as the general purpose of this