Sparks City Council Meeting 2/12/2018 2:00:00 PM

    Monday, February 12, 2018 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

Public Hearing and Action Items Unrelated to Planning and Zoning: 10.2

Title: PUBLIC HEARING, consideration and possible action on a request from the Regional Transportation Commission to the City of Sparks for an order (AB-145) vacating portions of public right-of-way with reservation of easements in support of the Pyramid Way and McCarran Boulevard intersection improvement project.
Petitioner/Presenter: Carrie Byron, Senior Right of Way Professional – Regional Transportation Commission/Jon R. Ericson, P.E., PTOE – City Engineer
Recommendation: Council approve the abandonment request from the Regional Transportation Commission to the City of Sparks for the abandonment of a portion of public right-of-way in support of the Pyramid Way and McCarran Boulevard Intersection Improvement Project.
Financial Impact: None.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

A request from the Regional Transportation Commission to the City of Sparks for the abandonment public right-of-way of a portion of Nelson Way, York Way, Gault Way, Lenwood Drive, Sprout Way, Emerson Way, Mercy Court and Queen Way.  Refer to Attachment A. Staff has researched the request and believes the public will not be materially injured by the proposed abandonment and recommends approval.



Background:

The Regional Transportation Commission (RTC) in conjunction with the Federal Highway Administration and the Nevada Department of Transportation (NDOT) received approval of the final environmental impact statement, final section 4(f) evaluation and record of decision (ROD) November 2013 for the Pyramid Way and McCarran Boulevard Intersection Improvement Project. 

The selected alternative and operational improvements were designed and constructed in conformance to the ROD.  Widening of Pyramid Way occurred on the east side to accommodate these improvements. As part of the environmental impact statement process, several ROW options were analyzed; however, the decision to widen the footprint to the east was based on maintaining neighborhood viability after the Pyramid Way and McCarran Boulevard Intersection Improvement Project were completed. Widening the footprint to the west would have required acquisition of the gas station/convenience store/carwash, Starbucks, and other operating businesses, located in the Sparks Mercantile Shopping Center. These businesses provide services for the local area and employment for the community at large and acquisition may have had a negative impact on the viability of the rest of the shopping center. Leaving those services in place provides mixed uses and enhances the livability of the neighborhood for those left behind.

The RTC was the lead agency overseeing all aspects of the design and construction of the improvements, including property acquisition. The RTC began acquiring property on the east side of Pyramid Way and the north and south side of McCarran Boulevard east of Pyramid Way in 2013 and completed the property acquisition in 2015. In total, the RTC purchased 65 residential, 1 church and 3 commercial properties in their entirety. There was also the need to close off access to Pyramid Way at Gault Way and Mercy Court, as well as utilize city street right-of-way on Nelson Way, Gault Way, Lenwood Drive, Sprout Way and Queen Way. The City acquired the local street right-of-way through numerous dedications and an annexation from Washoe County. 

The portion of the RTC acquired parcels and City owned right-of-way, not required for the roadway improvements, was incorporated in the landscape element of the project. Because NDOT owns and operates both Pyramid Way and McCarran Boulevard, the RTC needs to assemble all the properties and city right-of-way before transferring ownership to NDOT. This will require the abandonment of the aforementioned city right-of-way to the RTC prior to transferring ownership to NDOT.



Analysis:

The RTC made an abandonment request on November 11, 2017. Each owner of property abutting the proposed abandonments have been properly notified via certified mail as required by NRS 278.480 (4) (a). The extent of the proposed abandonment and the date of the public hearing was published in the Reno Gazette-Journal on January 29, 2018, as required by NRS 278.480 (4) (b). Reservations of easement (per NRS278.480 (6)) are included where applicable. Staff finds that the public will not be materially injured by the proposed abandonments. The abandonment order for the requested abandonments has been reviewed by staff and has been found acceptable and staff recommends approval. Refer to the attached abandonment order and associated exhibits.  



Alternatives:
  1. The City Council could approve the request for abandonment as outlined by Staff.
  2. The City Council could deny the request for abandonment as outlined by Staff.


Recommended Motion:

I move to approve the abandonment request from the Regional Transportation Commission to the City of Sparks for the abandonment of portions of public right-of-way in support of the Pyramid Way and McCarran Boulevard Intersection Improvement Project.



Attached Files:
     01 - Attachment A.pdf
     03 - Exhibit A.pdf
     04 - Exhibit B.pdf
     02 - Order Vacating rights of way - Pyramid McCarran.pdf
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