Title
Discussion and consideration of waiving public sidewalk or payment in lieu of sidewalk for HT Solutions project located at 1440 SE Broadway Drive
Body
Issue/Request:
Discussion and consideration of waiving public sidewalk or payment in lieu of sidewalk for HT Solutions project located at 1440 SE Broadway Drive
Key Issues:
HT Solutions is requesting the City Council waive the requirement for the installation of a sidewalk or the payment in lieu of sidewalk installation for the expansion of the commercial building located at 1440 SE Broadway Drive. City staff does not have the authority to waive ordinance requirements, however the City Council may provide staff guidance on this matter and grant a waiver to the sidewalk installation or payment in lieu of sidewalk installation.
Background:
Below is an overall analysis and sequence of pertinent events relating to this sidewalk request:
1. Newberry Landings First Plat was recorded on January 3, 2007. At this time the UDO was in full effect and a sidewalk was shown to be required along SE Hamblen Road.
2. Newberry Landings is zoned Planned Industrial and does not require a Preliminary Development Plan. A Commercial Final Development Plan for Phase 1 of HT Solutions was approved on July 12, 2016. The approved Phase 1 Final Development Plan included a sidewalk within the plans as referenced in the approved Newberry Landings First Plat.
3. On December 14, 2017, Mr. Phillips requested the issuance of a full Certificate of Occupancy prior to the issuance of Final Acceptance of the public infrastructure for the commercial building located at 1440 SE Broadway Drive. During that request, Mr. Phillips stated they did not wish to install the public sidewalk per the recorded plat at that time as a second phase addition to the building was anticipated. Mr. Phillips agreed to place security in the form of an escrow, on file with the city for 730 linear feet of sidewalk installation. At that time, the securit...
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