City of Reno v. Citizens for Cold Springs

236 P.3d 10, 126 Nev. 263, 126 Nev. Adv. Rep. 27, 2010 Nev. LEXIS 31
CourtNevada Supreme Court
DecidedJuly 29, 2010
Docket50301
StatusPublished
Cited by20 cases

This text of 236 P.3d 10 (City of Reno v. Citizens for Cold Springs) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Reno v. Citizens for Cold Springs, 236 P.3d 10, 126 Nev. 263, 126 Nev. Adv. Rep. 27, 2010 Nev. LEXIS 31 (Neb. 2010).

Opinion

*265 OPINION

By the Court,

Gibbons, J.:

In this appeal, we consider whether the City of Reno violated Nevada law by conditionally approving amendments to the Reno Master Plan prior to the Truckee Meadows Regional Planning Commission’s decision that the proposed amendments conformed to the Truckee Meadows Regional Plan. We also consider whether *266 the City violated a former provision in the Reno Municipal Code (RMC) by failing to make a sufficient finding about plans for water services and infrastructure before passing a zoning ordinance that corresponded with the proposed master-plan amendments. We conclude that the City complied with Nevada law because the master-plan amendments only became effective after the Regional Planning Commission determined that the proposed amendments conformed to the regional plan. We further conclude that the City violated the RMC because the findings it made prior to approval of the zoning ordinance about planned water services and infrastructure deferred the subject to a later date and were too general in nature to satisfy the mandates of the code. Therefore, we affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

I. Passage of Resolution 6712 and Ordinance 5809

Cold Springs is a predominately rural area located north of Reno. It is a closed hydrographic basin that traps water and sewer outflow within its confines. Because of the closed nature of Cold Springs’ water services and infrastructure, there are limited water supplies and sewage disposal available to its citizens. In 2005, the City passed a zoning ordinance that annexed approximately 6,800 acres of undeveloped land in Cold Springs. 1 The City annexed this land because developers proposed substantial urbanization in the area, including 13.5 million square feet of new commercial space and 6,860 new residential units. After the annexation, Nevada’s statutory scheme required the Reno Planning Commission and City Council to modify the City’s master plan and zoning provisions before development could begin.

Pursuant to NRS 278.030(1), the governing entity of each Nevada city with a population of 25,000 people or more must create a planning commission. City planning commissions are responsible for drafting and adopting master plans. Sustainable Growth v. Jumpers, LLC, 122 Nev. 53, 62, 128 P.3d 452, 459 (2006) (citing NRS 278.150(l)-(2)). Master plans contain long-term, comprehensive guides for the orderly development and growth of an area. Id. (citing NRS 278.150(l)-(2)). Before adopting a substantial amendment to a master plan, the city planning commission must hold at least one public hearing after providing notice by publication of the hearing’s time and place. NRS 278.210(1). Once the city planning commission adopts the master-plan amendments, the local governing body may adopt such *267 amendments if they can be practically applied for the area’s development. NRS 278.220(1). Before adopting any amendment, however, the governing body must hold a public hearing after providing notice by publication of the hearing’s time and place. NRS 278.220(3).

When a governing body adopts an amendment to a master plan, it must also abide by the procedures set forth in NRS 278.0282. Subsection 1 of NRS 278.0282 states that “[b]efore the adoption or amendment of any master plan, . . . each governing body and any other affected entity shall submit the proposed plan or amendment to the regional planning commission.” Once the governing body submits the proposed master-plan amendment, the regional planning commission shall “determine whether the proposed plan or amendment conforms with the comprehensive regional plan.’ ’ NRS 278.0282(1). Regional plans set forth goals and policies for the physical development and orderly management of the regional area in question. NRS 278.0272(l)-(2).

Governing bodies may also enact zoning ordinances with a procedure similar to that used to adopt amendments to master plans. NRS 278.260(1) sets forth that local governing entities must provide for the manner in which zoning ordinances are amended. Under RMC section 2.100, a local committee must first consider a proposed ordinance and, after the city meets requirements for the notice and publication of the provision, the Reno City Council must either adopt or reject the proposed ordinance within 45 days after the publication. Any proposed zoning changes must also substantially conform to the applicable master plan. Nova Horizon v. City Council, Reno, 105 Nev. 92, 96, 769 P.2d 721, 723 (1989). Pursuant to NRS 278.0284, “[a]ny action of a local government relating to . . . zoning . . . must conform to the master plan of the local government. In adopting any ordinance or regulation relating to . . . zoning, ... the local government shall make a specific finding that the ordinance conforms to the master plan.” In addition, NRS 278.250(2) states that “zoning regulations must be adopted in accordance with the master plan for land use.”

In this case, the Reno Planning Commission held a public hearing to discuss amendments to the Reno Master Plan and the passage of a corresponding zoning ordinance. The proposed zoning ordinance would rezone the subject property in Cold Springs from generally rural land-use designations to industrial, commercial, and urban residential classifications. The proposed master-plan amendments would alter the Reno Master Plan so that it was in agreement with the proposed zoning ordinance. The Reno Planning Commission then approved the master-plan amendments and corresponding zoning ordinance.

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Bluebook (online)
236 P.3d 10, 126 Nev. 263, 126 Nev. Adv. Rep. 27, 2010 Nev. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-reno-v-citizens-for-cold-springs-nev-2010.