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Attorney letter on behalf of Our Lady of the Snows School \

Attorney letter on behalf of Our Lady of the Snows School \

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Published by Brian Duggan
Letter from attorneys for Our Lady of the Snows School over Lander Street closure
Letter from attorneys for Our Lady of the Snows School over Lander Street closure

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Published by: Brian Duggan on Feb 09, 2012
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05/13/2014

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Community Development Department

MEMORANDUM
Date: To: Thru: From: Subject: February 6, 2012 Mayor and Council Andrew Clinger, City Manager#'

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Bill Thomas, AICP, Community Development Director \).& William 1. Gall, P.E., Senior Civil Engineer ABN12-00001 (Lander Street Abandonment)

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The applicant, Our Lady of the Snows School COLS),held a public neighborhood meeting on January 11,2012. The purpose of this meeting was to present to the neighborhood the proposed Lander Street Abandonment and gather comments and suggestions from the surrounding property owners. Approximately 50 residents from the surrounding neighborhood attended the meeting. Most of those in attendance had concerns regarding the abandonment of the subject portion of Lander Street. These concerns included parking becoming an increased problem in the area, location of drop off areas for,students, and shifts in traffic flows including an increase of trips on Walker Avenue. Since this neighborhood meeting, the City has received numerous correspondence in favor of the abandonment, several inquiries, and several phone calls and correspondence against the abandonment. Those responses in favor of the abandonment can typically be characterized as supporting the closure of Lander to provide for the Safety of the OLS students, while those opposed can typically be characterized as against the loss of parking and access to Plumas Park. Following the neighborhood meeting, the applicant has proposed to add the following conditions of approval to mitigate the concerns of the City and Neighborhood regarding the abandonment: 1. Lander Street between Walker Avenue and Monroe Street shall be closed during the hours of 7:30 am to 3:30 pm on all weekdays (School Hours). OLS shall have exclusive use of the Abandoned Area during School Hours and shall have the right to install blockades or barriers during this time so long as the sidewalk on the easterly side of Lander Street remains open for public pedestrian and bicycle use (Sidewalk Easement). Other than School Hours, Lander Street shall remain open to the public for access and parking as described in an easement agreement (Parking Agreement). The Parking Agreement shall be reviewed by the Parks & Recreation Commission and approved by the City Council, in its sole and absolute discretion, prior to recording the order of

2.

Memo _- _ CC_ -_ABN 12-00001_(Lander_

Street_Abandonment)

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abandonment. The Parking Agreement shall terminate (however, the Sidewalk Easement shall remain) in the event OLS obtains ownership to the Abandoned Area in its entirety which will require additional City Council approval, in its sole and absolute discretion 3. In the event the Abandonment Application is approved, the twenty-five parking spaces currently located on the westerly side of the Abandoned Area will no longer be available for unlimited public use. To mitigate this loss in parking, OLS agrees, at its sole cost and expense, to stripe diagonal parking spaces on the southerly side of Walker Avenue between Humboldt Street and Plumas Street prior to recording the order of abandonment. This will result in twenty-seven additional parking spaces as shown on the Parking Plan attached hereto as Exhibit "A." Prior to recording the Order of Abandonment, OLS shall enter into a license agreement with the City for use of the Plumas Park ("Use Agreement"). This Use Agreement shall be reviewed by the Parks & Recreation Commission and approved by the City Council, in its sole and absolute discretion.

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Parks, Recreation and Community Services Department and Community Development Department staff believe that the additional conditions will mitigate the parking concerns associated with the abandonment. Prior to the termination of the Parking Agreement identified in the proposed Condition 2, additional parking spaces dedicated to Plumas Park will be required. At this time it appears those spaces can be accommodated within existing right-of-way and/or in the existing Plumas Park parking lot. On May 5, 2010 OLS received approval of a special use permit (LDCIO-00043) to construct an additional classroom. As a part of that approval it was identified that the spaces located along Lander Street and on the OLS parcel are required to meet the parking requirement for the church and school facilities. If these spaces are removed the on site parking must continue to be provided unless accommodated elsewhere. Reno Police Department is not opposed to the requested abandonment, however they have stated concerns regarding the loss of parking surrounding Plumas Park and have indicated that current parking patterns at the busiest times indicate that additional parking may not be realized by striping diagonal spaces on Walker Avenue as identified in Condition 3 above. Additionally, through the Crime Prevention Through Environmental Design (CPTED) review, the more traveled an area is the less likely crime is to occur. Eliminating the vehicle access to the west of Plumas Park may impact the ability for Reno Police to patrol the park in the same manner as they have in the past. The letter from the applicant proposing the above conditions as well as the Parking Plan (Exhibit A) is attached. With the addition of the above conditions, as well as the recommended conditions in the original staff report, staff can support the request for abandonment.

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Memo _- _ CC _ -_ABN 12 -OOO01_{Lander _ Street_Abandonment) 11 .doc

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ROCA

LEWIS AND

Garrett D. Gordon
SO

west LIberty street

Direct Dial: (71S) 321-3420

-LLI'LAWYERS

Reno, Nevada 89501

Direct Fax: (715) 823-2929 GGordon@lr1aw.com Admitted In: Nevada
Our File Number: -

February 3, 2012

VIA EwMAIL ThomasB@reno.gov hansonc@reno.gov Bill Thomas. Director Claudia Hansen. Manager Reno Community Development 450 Sinclair Street Reno, Nevada 89501
Re: Lander Street Abandonment Application Item #F.1 on City Council's February 8, 2012 Agend,a

Dear Bill and Claudia: This letter is written on behalf of Our Lady of the Snows School ("OLS") in regards to its application (the "Abandonment Application") to abandon Lander Street between Walker Avenue and Monroe Street (the "Abandoned Area"). If approved. OLS will take ownership of the westerly half of the Abandoned Area and the City of Reno will take ownership of the easterly half of the Abandoned Area. In the event OLS desires to take ownership of the entire Abandoned Area (this is not a part of the current Abandonment Application), OLS understands it will be required to pay fair market value for the City's portion of the Abandoned Area. As we have discussed, the primary purpose of this Abandonment Application is to ensure the safety of the children attending OLS before, after and during school hours. The reality of the safety concerns for the school children are well articulated in the 100+ emails and letters you have received in support of the Abandonment Application. This correspondence will be submitted into the record at the February 8,2012 City Council hearing. On January 11,2012, OLS hosted a courtesy neighborhood meeting to solicit questions and concerns on the Abandonment Application from the surrounding neighbors. After two hours of discussion, it was quite evident that neighborhood concerns primarily focused on access, traffic and parking issues. In response to these concerns, OLS directed its engineers to perform

PHOENIX

TUCSON

LAS VEGAS

RENO

ALBUQUERQUE

SILICON

VALLEY

www.lewisandroaa.com

LEWIS ROCA
AND
-LLP-

February 3, 2012 Page 2

LAWYERS

additional traffic studies and parking counts to verify the impact of the Abandonment Application and to propose mitigations to these impacts, if necessary. After reviewing these additional studies, we believe approval of the Abandonment Application, with the additional conditions outlined below, will mitigate the neighborhood concerns. We also believe implementation of these conditions will satisfy NRS 278.480(5) and Reno Municipal Code 18.06.603(c) which both require the City Council to find that "the public will not be materially injured by the proposed abandonment:' Here are our proposed conditions of approval: 1. Lander Street between Walker Avenue and Monroe Street shall be closed during the hours of 7:30 a.m. to 3:30 p.m. on all weekdays ("School Hours"). " OLS shall have exclusive use of the Abandoned Area during School Hours and shall have the right to install blockades or barriers during this time so long as the sidewalk on the easterly side of Lander Street remains open for pedestrian and bicycle use ("Sidewalk Easement"). 2. Other than School Hours, Lander Street shall remain open to the public for access and parking as described" in an easement agreement ("Parking" Agreement"). The Parking Agreement shall be reviewed by the Parks & Recreation Commission and approved by the City Council, in its sole and absolute discretion, prior to recording the order of abandonment. The Parking Agreement shall terminate (however, the. Sidewalk Easement shall remain) in the event OLS obtains ownership to the Abandoned Area in its entirety which will require additional City Council approval, in its sole and absolute discretion. 3. In the event the Abandonment Application is approved, the twenty-five parking spaces currently located on the westerly side of the Abandoned Area will be no longer be available for unlimited public use. To mitigate this loss in parking, OLS agrees, at its sole cost and expense, to stripe parking spaces on the southerly side of Walker Avenue between Humboldt and Plumas Streets prior to recording the order of abandonment. This will result in twenty-seven additional parking spaces as shown on the Parking Plan attached hereto as Exhibit "A". 4. Prior to recording the Order of Abandonment, OLS shall enter into a license agreement with the City for use of the Plumas Park ("Use Agreement"). This Use Agreement shall be reviewed by the Parks & Recreation Commission and approved by the City Council, in its sole and absolute discretion Please also note that in the event OLS attempts to purchase the easterly half of the Abandoned Area, an additional twenty-six parking spaces will no longer be available for public use. As shown on Exhibit "A", OLS is certainly able to mitigate this loss in parking by

LEWIS ROCA
AND
-LLP-

February 3, 2012 Page 3

LAWYERS

improving the parking lot next to the gymnasium (twenty-nine spaces) and improving the parking lot behind the school (thirty-five spaces). That said, the details of this future transaction will require additional meetings with staff, public hearings and ultimate approval by the City Council. . Please contact us with any questions. Thank you. Sincerely,

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cc:

LEWIS AND RO A LLP

Client Julee Conway, Director of Parks & Recreation (CorcwayJ@reno.gov) Creig Skau, Deputy City Attorney, Parks & Recreation (skauc@reno.gov) Marilyn Craig, Deputy City Attorney, Community Development (craig@reno.gov) Alfredo Alonso, Lewis and Roca LLP (aa/onso@lrZaw.com)

LEWIS

ROCA
-LLP-

AND

February 3, 2012 Page 4

LAWYERS

EXHIBIT "A" OLS Parking Plan

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"OUR LADY

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PROPOSeD PARIONG LOT AND PLAYGROUND

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SNOWS"

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125 Lander Reno, Nevada

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