Sparks City Council Meeting 10/26/2020 2:00:00 PM

Meeting Link: https://zoom.us/j/95363857610
Meeting Dial-in #: 1-669-900-6833 Meeting ID: 95363857610

Public Hearing and Action Items Unrelated to Planning and Zoning: 10.1

Title: PUBLIC HEARING, consideration, discussion, and possible approval of an order (E-895) vacating a portion of an existing twelve- foot wide pedestrian easement located within the Marina Village Planned Development.
Petitioner/Presenter: John Martini, P.E., Assistant City Manager/Jon R. Ericson, P.E., PTOE, City Engineer
Recommendation: Approve the order to vacate a portion of an existing 12-foot wide pedestrian easement located within the Marina Village Planned Development.
Financial Impact: None.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

On June 24, 2004, a parcel map was recorded that established a 12-foot wide pedestrian easement to allow access across private property in the northeast corner of the Sparks Marina located within the Marina Village Planned Development.  In the summer of 2019, the Sparks Marina Path was relocated due to the expanded outdoor dining for the Sparks Water Bar and the pool deck at the Marina Waterfront.  On June 22, 2020, the Sparks City Council adopted Resolution (R-3365) approving the sale of a city owned remnant parcel to LCG Waterfront.  With the path relocation, a portion of the old pedestrian easement for the prior path alignment is no longer needed.  To vacate an easement Nevada Revised Statute 278.480 requires City Council to find that the public will not be materially injured by vacating the easement to the abutting property owners.



Background:

In 1997 the Marina Area Plan was adopted by the Sparks Planning Commission, Sparks City Council and the Truckee Meadows Regional Planning Commission.  One of the purposes of the plan was to convert the former “Helms Pit” into a lake, the surrounding area into a city park, and promote unique locations for new businesses, residential and tourist commercial uses.  The limits of this area plan are included in Redevelopment Area #2.

As the Marina Area Plan began to take root, the Marina Village development was being considered on the northeast side of the Sparks Marina Park.  The original handbook for the Marina Village Planned Development was approved in 2000 and amended in 2006.  The planned development allowed for the development of roughly 32.5 acres consisting of single and multi-family residences, as well as commercial uses.

Since 2006 most of the planned development has been constructed including the Waterfront Building and most recently the Marina Waterfront at the Marina Apartments.  The Waterfront Building was constructed in the early 2000’s.  This building is mixed-use consisting of two floors of commercial and 9 apartment units on the third floor.  In July of 2019, the Sparks Water Bar was approved to utilize the former Anchor’s Bar and Grill location.  This new use would expand the outdoor seating area located in the south end of the Waterfront Building.  The Marina Waterfront at the Marina Apartments was just recently completed in 2019.  The apartment complex has 230 units, with many amenities including an outdoor pool deck adjacent to the easterly shore of the Sparks Marina Park.

With the construction of the expanded outdoor dining and the pool deck, the existing Sparks Marina Path would need to be relocated to the west of both properties and adjacent to the marina. In August of 2019 plans were approved and construction began on the path relocation.  Temporary easements were established for the new path and construction was completed in late fall of 2019. On June 22, 2020, the Sparks City Council adopted Resolution (R-3365) approving the sale of a city owned remnant parcel to LCG Waterfront.

With the completion of the relocated path, a redundant 12-foot wide pedestrian easement for the old path location remained on four parcels, three of which are privately owned.  The process by which the easement may be vacated is outlined in NRS 278.480.



Analysis:

The legal descriptions (see attached) for the requested easement abandonment have been reviewed by staff and have been found acceptable.  Each owner of property abutting or impacted by 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 this public hearing were published in the Reno Gazette Journal as required by NRS 278.480(4)(b).  Staff finds that the public will not be materially injured by the proposed abandonments and recommends approval.



Alternatives:
  1. City Council could approve the order vacating a portion of a twelve-foot wide pedestrian easement as outlined by Staff.
  2. City Council could reject the order and provide direction to the City Manager.


Recommended Motion:

I move to approve the order (E-895) vacating a portion of an existing twelve-foot wide pedestrian easement located within the Marina Village Planned Development.



Attached Files:
     02 – Sparks Marina Order of Easement Abandonment.pdf
     02 - Marina Pedestrian Easement.pdf
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