Title
Presentation & Request - HT Solutions Request for Issuance of Certificate of Occupancy prior to issuance of Final Acceptance of public infrastructure
Body
Issue/Request:
Presentation & Request - HT Solutions Request for Issuance of Certificate of Occupancy prior to issuance of Final Acceptance of public infrastructure
Key Issues:
HT Solutions is requesting the City Council authorize the issuance of the Certificate of Occupancy for the new commercial building located at 1440 SE Broadway Drive prior to the issuance of Final Acceptance of public infrastructure associated with the development. The lot associated with the project (Lot 292 of Newberry Landings First Plat) requires the installation of a 5' public sidewalk along the Hamblen Rd. street frontage, and without the sidewalk constructed, the issuance of a Final Acceptance for the public infrastructure cannot be issued, therefore staff is unable to grant the issuance of the full Certificate of Occupancy.
The City's Design and Construction Manual, Section 1027 C contains a provision stating "A Certificate of Final Acceptance must be obtained prior to the issuance of a temporary or permanent occupancy for any building within the property described on the Certificate." The Unified Development Ordinance (UDO) Section 16.370 contains a provision stating "Should construction or installation of the sidewalks be impossible because of weather or other conditions, the person or legal entity responsible for the construction of the sidewalk shall deposit with the City a cash sum in an amount equal to the construction cost of said sidewalk."
In order to receive the Temporary Certificate of Occupancy (issued January 25, 2017), a sidewalk escrow was required for the public sidewalk. The sidewalk escrow was calculated by determining the linear feet of sidewalk required and multiplying the distance by $10 per linear foot per the Schedule of Fees adopted by the City. In this instance the length of the sidewalk i...
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