Fort Walton Beach Council agenda — 10-14-03 regular Council agenda — reading text

the_director of public workS- " Public 69 Works Director. Monies in the sidewalk development fund may be used 70 for construCtion of sidewalks anywhere within the city limits. 7" b. Substantial improvements to existing buildings or changes of use. Lots or parcels of land which were developed prior to the enactment of this 74 section, are not required to provide the required sidewalk until: 75 76 1. A change of occupancy to a different land use category occurs; or 77 78 2. A substantial building improvement occurs. A substantial improvement 79 is defined, for the purposes of this subsection, as the reconstruction or 80 a structural addition, which creates a !' let floor area increase in excess 81 of five percent. 82 83 ( 2) Width. 84 85 a. In the Community Redevelopment Area ( CRA), property with frontaae on 86 the north side of Brooks Street shall provide a sidewalk seven feet in 87 width: propertv with frontaae on the south side shall provide a sidewalk 88 five feet in width. ' 89 90 b. In the districts R-2, R-2A and DR-3, multiple family districts, and the DR '1, 91 or' in R NC, DR 5, and aF in PUD districts intended for multiple family use, 92 sidewalks shall be five feet in width. 93 94 c. In the districts C- 1, C- 2, DC 3, DC 4, M 1, M 2, HC, P- 1 and P- 2, 95 commercial districts; and in the R NC, DR 5 or PUD districts intended for 96 mi~ d use, commercial or industrial use, YC. MUCC- 1. MUCC- 2. MUMS. and any Mixed Use Waterfront. mixed use districts: and in the M- 1 and M- 2. industrial districts: and in a PUD districts intended for mixed- use, Draft 5-20- 03 Page 2 of 4  commercial or industrial use, sidewalks shall be six feet in width on streets designated in the comprehensive plan as collector streets and 1 eight feet on streets designated as minor or major arterials. 2 3 d. In public lands districts CF. EF or OS. sidewalk width reauirements shall 4 be determined by the Public Works Director based on the specific needs 5 of the public facility beino developed or redeveloped. 6 7 3) Location. All sidewalks shall be constructed along the entire width of yards 08 fronting upon a street right-of- way. Corner lots at street intersections shall 09 have sidewalks constructed to, extended to, and ramped to the street 10 pavement in compliance with Federal and State ADA requirements. 11 Sidewalks shall be constructed in the street rieht- of-way with the rear edoe 12 on the front property line. and shall be constructed in accordance with city 13 sidewalk improvement specifications. Minor deviations in width or location services, with 14 may be approved by the director of community development 15 concurrence of the director of public ':: ork5 Director of Public Works, if the 16 site' s landscaping or topography justifies such deviation. 17 18 4) Maintenance. 19 20 a. It shall be the duty of all owners of real property in the city that abuts any 21 constructed public sidewalks to keep and maintain those sidewalks in 22 good repair at all times, including the proper maintenance of vegetative 23 materials such as trees, grass, hedges and shrubs from encroaching on the sidewalks. b. Upon the approval of the city council of such report, the city council may 27 give cause to be given written notice to the owner of the property 28 abutting upon the sidewalk, directing the property owner to construct or 29 reconstruct, as the case may be, the sidewalk or proposed sidewalk 30 abutting his property, pursuant to the requirements of sub- sections ( c) ( 4) 31 c and d. The council may determine that it is advisable to utilize special 32 assessments for the construction or reconstruction of the sidewalks, 33 pursuant to the special assessment laws of the state, in which case 34 those shall be followed in lieu of the procedures of this procedures 35 section. 36 37 c. If special assessments are not used, the notice required by paragraph ( c) 38 4) b of this section shall direct the abutting property oWner, as 39 determined by the latest tax records, within 30 days after the date of this 40 notice, to complete the construction or reconstruction. The notice shall be 41 served personally or mailed to the address of each property owner, if the 42 address, by reasonable diligence, can be obtained by the city clerk; if the 43 address of the property owner is unknown or cannot be obtained by 44 reasonable diligence, or if the notice is returned unclaimed, then a copy of 45 the notice directed to the owner shall be published in a newspaper of 46 general circulation in the county once each week for two consecutive 47 weeks ( two publications being sufficient) directing the owner within 30 48 days after the last publication of such notice to complete the construction 49 or reconstruction. d. In the event the abutting property owner shall fail or refuse to do and 52 perform the construction, or reconstruction, on any sidewalk or proposed Draft 5-20- 03 Page 3 of 4  sidewalks within the time prescribed in the notice, under the provisions of subsection ( 0) ( 4)b above, the city council may cause the work to be 55 done and assess the cost thereof as a charge and lien against such to the 56 property. This procedure shall be discretionary and supplementary the sole in 57 special assessment procedure, and may be utilized when, of discretion of the council, the special assessment procedure would be 58 59 duration that the publichealth, safety and welfare would be threatened. 60 the 61 e. Any sidewalk constructed contrary to the standards established by public works department of the city may be ordered reconstructed to or 62 63 made to conform to those standard by the building official, pursuant 64 the same sanctions specified in subsections ( c) ( 4) b through ( c) ( 4) d 65 above, as though the sidewalk were improperly maintained or not 66 constructed at all. 67 68 SECTION III. Repeal of Conflicting Provisions. 69 70 In the event any ordinance or parts of ordinances are in conflict herewith, the 71 provisions of this ordinance herein shall prevail. 72 73 SECTION IV. Severability. 74- 75 Should any section or provision of this ordinance, or any portion thereof, be 76 declared by a court of competent jurisdiction to be invalid, such decision shall 77 not affect the validity of the remainder, as a whole or any part hereof, other than the part declared to be invalid. 80 SECTION V. Effective Date. 81 82 This Ordinance shall take effect immediately upon approval by City Council 83 and the signature of the Mayor. 84 85 86 Adopted: 87 88 Mayor: 89 90 Attest: 91 92 93 94 Helen Spencer, City Clerk 95 Approved as to legal sufficiency and 96 form. 97 98 99 00 Toni L. Craig, City Attorney u2 Additions are underlined; deletions are stricken. Draft 5-20-03 Page 4 of 4  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: May 19, 2003 TO: Chairman and Members Municipal Planning Board THROUGH: Missy Me Kim. CDS Direct~ FROM: Len Mitchell, Planning Manager ~ SUBJECT: Proposed Amendment to land Development Cod~ S-upplementary Sidewalks Required for New Development or Regulations-.. Redevelopment ( Ordinance 1558) BACKGROUND: There are provisions in Section 20- 755, Land Development Code (LDC), regarding the requirement for development to provide sidewalks that have become outdated due to the addition of new zoning districts to the lDC. In order that the lOC be kept current staff has drafted an ordinance (# 1558) that would amend Section 20-755, LDC, to update it to inctude sidewafk requirements for all . multifamily, mixed use, commercial, industrial and public tands districts. The process for adoption of an ordinance amending the Land Development Code requir9$that the Municipal Planning Board consider the amending ordinance and forward a recommendation to City Council. The ordinance may be adopted after two readings at public hearings before Council. DISCUSSION: The current sidewalk requirements were enacted in April 1998 in the form of Ordinance 1346. Prior to adoption of Ordinance 1346 sidewalks were constructed only when the State of Florida constructed them along major arterials highways, the City constructed sidewalks, or private developers choose to construct sidewalks as an