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Brentwood City Commission Agenda
Meeting Date: 02/09/2015  
Ordinance 2015-01 - Second and Final Reading of Ordinance Authorizing Abandonment of the Public Street Right-of-Way for Halyard Court
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Second and final reading of Ordinance 2015-01, which authorizes the abandonment of the existing public street right-of-way for Halyard Court, located in Phase II of the Mallory Park Subdivision.
Background
Pursuant to the revised final plat for Lot 202 within Mallory Park Phase II, approved by the Planning Commission on December 1, 2014, the small section of roadway known as Halyard Court requires abandonment.  Ordinance 2015-01, if approved, will provide for the formal abandonment of the right-of-way as a publicly maintained street. Halyard Court lies on the west side of Mallory Lane, approximately 0.25 miles north of the roundabout. The existing right-of-way includes an area of 24,019 square feet (0.551 ac.), a width of 50 feet and a length of approximately 300 feet .  Construction of the streets, including the curbing and sidewalks within Mallory Park Phase II, was completed in August 2013.  The contractor has not yet completed the installation of the final asphaltic topping on the streets. The utilities (drainage, water and electric) have also been installed. The streets within the project have not yet been accepted for maintenance by the City; however, the right-of-way has been dedicated to the City, necessitating the proposed abandonment.  
 
There is also an existing water line being eight inches in diameter line that is located within the Halyard Court right-of-way that will remain.  A new easement will be established for the water line as part of the revised final plat.
At the western end of the water line is a hydrant that will be removed. The City provides water service to the project. 

Please note that the developer will be responsible for removal of all existing infrastructure as appropriate and restoring the area to accommodate the future development of the tract.  The improvements must be removed and the area restored before the revised final plat may be recorded.  

At its December 1, 2014 regular meeting, the Planning Commission approved a revised preliminary plan for Mallory Park, Phase II that proposed the subdivision of the existing Lot 202 into three lots and the elimination of Halyard Court.  The following table details the site calculations.  Please also refer to the vicinity map, attached below.  
 
LOT # EXISTING AREA PROPOSED AREA
202 35.44 ac. 12.52 ac.
203   13.67 ac.
204   9.80 ac.
HALYARD CT 0.55 ac. 0 ac.
TOTAL 35.99 ac. 35.99 ac.

Also at its December 1st meeting, the Planning Commission approved a revised final plat for the project and a site plan for Lot 202. The approved site plan includes two 39,200 sq. ft. buildings (78,400 sq. ft. total).  Access to the project will be provided directly from Mallory Lane.  The area of Halyard Court will be incorporated into the development plan. 

The preliminary plan for Mallory Park Phase II was originally approved by the Planning Commission on December 6, 2010.  The plan was subsequently revised and approved by the Planning Commission on March 3, 2014. The original recorded final plat for Phase II of the project is attached below.  

The Planning Commission also approved a site plan for the BMW of Nashville location on Lot 201 on March 3, 2014, also located in Phase II of the project.  The lot includes an area of approximately 13.22 acres.  The approved plan includes the construction of a building having an area of 39,500 sq. ft. on 8.66 acres.  The remaining 4.56 acres will be reserved for future expansion.  The configuration of Lot 201 is unaffected by the latest proposal.  

Abandonment of City-controlled right-of-way requires approval by ordinance. Under state law, when right-of-way is abandoned, it automatically reverts back to the adjoining property owners, which in this case would be Tennsco Corporation. 

On February 2, 2015 the Planning Commission voted nine for and zero against (9-0) to forward a recommendation of approval of Ordinance 2015-01 to the Board of Commissioners.  
 

Should you have any questions, or require additional information, please contact the Planning and Codes Director.
Staff Recommendation
Staff recommends approval of Ordinance 2015-01 on second and final reading.
Previous Commission Action
At its regular meeting of January 26, 2015 the Board of Commissioners voted unanimously, seven for and zero against approving Ordinance 2015-01 on first reading.  

At its regular meeting of June 28, 2010 the Board of Commissioners voted to approve Ordinance 2010-06, rezoning approximately 33.5 acres located north of the existing Mallory Park Phase I subdivision from R-2 to C-3.SR.   

The public hearing for Ordinance 2010-06 was conducted by the Board of Commissioners at their regular meeting of June 15, 2010.

At its regular meeting of June 7, 2010 the Planning Commission voted seven for and zero against (7-0) to recommend approval of Ordinance 2010-06 to the Board of Commissioners. 

At its meeting of May 10, 2010, the Board of Commissioners voted six for and zero against (6-0) to approve Ordinance 2010-06 on first reading.

Fiscal Impact
Attachments
Ordinance 2015-01 w/ Attachments A & B
Proposed Development Plan -- lots 202 turu 204
Existing Preliminary Plan
Vicinity Map
Mallory Pk., Ph II -- PB P59, PG 75
Proposed Building Plan -- Lot 202
PC Review Memo -- Ord 2015-01
Signed Ordinance

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