The Enid News and Eagle, Enid, OK

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January 11, 2009

Sidewalks ordinance complying with ADA to be discussed by MAPC

By Robert Barron, Staff Writer

An ordinance requiring all sidewalks to be constructed to Americans with Disabilities Act standards will be discussed by the Metropolitan Area Planning Commission today.

The planning commission will discuss the ordinance proposal during their study session, then consider its approval in the regular meeting. The City of Enid is negotiating a resolution to an ADA lawsuit filed in 2006 by Ralph Haney and Charles Tiessen. City Attorney Carol Lahman is scheduled to be at the meeting to answer commissioners questions.

The ordinance has been reviewed by developers and has undergone several revisions. It requires sidewalks meet ADA standards for accessibility and it requires sidewalks for commercial development and any residential redevelopment that originally included sidewalks. New residential subdivisions do not have to have sidewalks, but if they do, they must be accessible.

The ordinance also includes a sidewalk repair partnership program allowing property owners to partner with the city to make repairs. State law allows municipalities to access the cost of emergency repair on the abutting property owner. The partnership allows property owners to partner with the city by sharing the cost of the repairs. It also assists the city in setting funding priorities by establishing neighborhood interesting sidewalks.

City staff have recommended the ordinance be approved.

Jimmy Stallings of Envirotech will discuss Candlewood Inn and Suites proposed for construction on west Garriott, near Big O Tires.

Bob Berry will make a presentation concerning the chamber of commerce “big box” retail study.

Items scheduled for action during the meeting include approval of an amendment to the 2025 comprehensive plan from low intensity residential designation to medium commercial intensity designation in the 100 block of South Oakwood. The applicant, Bud Nicholas, is seeking change of the land use for a vacant lot. He proposes to build a retail building on the site. It is recommended for approval.

A companion item requests rezoning of the property from R-2 residential single family district to C-3 commercial district. The item is recommended for approval.

A lot split in the Pheasant Run Golf Community was also requested. The property is at Lot 3 Block 23, Pheasant Run addition. A portion of lot 3 is being split to be added to lot 4.

It is recommended for approval.

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