Title
Ordinance No. 25-50 vacating a portion of public right-of-way known as Fillmore Place consisting of 0.034 acres located north of 2938 Main Street.
(Legislative)
Presenter:
Johnny Malpica, Senior Comprehensive Planner, Planning Department
Kevin Walker, Director, Planning Department
Body
Summary:
Owner: TRW6771 LLC
Developer: N/A
Representative: Randall Purvis, Attorney
Location: Southwest of the Fillmore Place and Main Street intersection
This request is on behalf of Randall Purvis, representing Jacob Hansen of TRW6771 LLC, who owns the adjacent parcel to the south, to vacate eight (8’) feet of right-of-way abutting the northern portion of the property addressed as 2938 Main Street.
Background:
The proposed Vacation of City right-of-way seeks to vacate a portion of Fillmore Place right-of-way that is north of the property addressed as 2938 Main Street, which is located on the southwest corner of the intersection of Main Street and Fillmore Place. The portion of right-of-way to be vacated includes the south eight (8’) feet of the first 149.75 feet of Fillmore Place immediately west of Main St., which consists of an unimproved dirt area. The entire section of Fillmore place west of the intersection with Main Street, is currently unimproved. The impetus for the proposed vacation is to, in part, address a nonconformity, as the primary structure located on the property addressed 2938 Main Street is constructed over the property line and a portion of it is located within City right-of-way. While this proposal will not wholly address the nonconformity, as the structure will not meet corner lot setback requirements prescribed by the zone district and additional platting requirements may be necessary following this application, if approved the location of primary structure on the property will come under common ownership.
The application review process consisted of four agency review cycles. The application was initially submitted on December 17th of 2024, and requested to vacate ten (10’) feet of Fillmore Place north of the property addressed as 2938 Main Street. After further investigation, it was determined that if Fillmore Place were to be improved in the future, only eight (8’) feet could be supported, as this would allow for sufficient area to permit for a sidewalk and other common improvements along Fillmore Place. As such, the application was resubmitted requesting the vacation of eight (8’) feet. The revised eight (8’) feet does not include utility infrastructure and as such, no easements are being reserved in the proposed area to be vacated. All other agency comments received throughout the review process have been addressed in subsequent submissions.
Considering the aforementioned review, it is established that the proposal is consistent with the review criteria and procedures of City Code Section 7.5.522 and is well aligned with PlanCOS, the City’s Comprehensive Plan. This property does not fall within any master plan areas, although it is adjacent to the Renew North Nevada Master Plan and the Old North End Neighborhood Master Plan. Considering the proposal merely addresses one aspect of a longstanding nonconformity, after careful review the proposed vacated right-of-way, it is determined to be consistent with and posing no conflict to the intent of each of these master plans. Finally, the proposed transfer of ownership of this land area from public to private ownership will not impact land use patterns for this area, which has been defined as a Changing Neighborhood under on the PlanCOS Vision Map.
For the above reasons, Staff finds the proposed right-of-way vacation to be in substantial compliance with PlanCOS and the review criteria of City Code Section 7.5.522.
Review Criteria:
The review criteria for Vacation Plats as set forth in City Code Section 7.5.522 (UDC) are noted below.
City Council shall approve the application only if it complies with the following criteria:
1. The right-of-way is no longer needed for public transportation purposes;
2. The vacation will not adversely impact use of the right-of-way for public utility and/or
drainage purposes;
3. The vacation will not adversely impact the uniform width of the remaining portions of the
public right-of-way along the block frontage for which vacation is sought;
4. Access to lots or properties surrounding the public right-of-way will not be adversely affected; and
5. The vacation is consistent with the purpose of this UDC and Staff finds that the proposed application meets the review criteria.
Staff finds that the proposed application meets the above criteria.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
According to Section 7.5.522 of the City Code, a request to vacate right-of-way is placed directly onto a City Council agenda for action after review by the administration. No review by a board or commission is required.
Recommended Action
Proposed Motions:
Adopt Ordinance No. 25-50 vacating a portion of public right-of-way known as Fillmore Place consisting of 0.034 acres located north of 2938 Main Street, based upon the findings that the request complies with the criteria as set forth in City Code Section 7.5.703.
Summary of Ordinance Language
An ordinance vacating a portion of public right-of-way known as Fillmore Place consisting of 0.034 acres located north of 2938 Main Street.