In 2005, the City of Reno passed an ordinance annexing 6,800 acres of undeveloped land in Cold Springs, a rural area not far from Reno. Subsequent to the ordinance, however, a Nevada statutory scheme required that modifications be made to Reno’s master plan before the annexed land could be developed. The Nevada statute, NRS §278.030(1) required, among other things, that a city commission be established to oversee the drafting and modifications to master plans. After the master plan had been amended pursuant to the guidelines set forth in § 278.0282, the plan was to be submitted to a regional planning commission, which then determines if the proposed plan conforms with the regional plan. A similar procedure is set forth for governing bodies, whereby zoning ordinances may be amended by first being reviewed by a local committee and then is submitted to the Reno City Council for adoption or rejection. The amendments to the ordinance, must however, conform with the applicable master plan.
The Reno Planning Commission held a hearing to discuss the amendments to Ordinance 6712, which would rezone the Cold Springs land-use designations. Amendments to Ordinance 5809 were also submitted, which designated the property primarily to urban designations. The Reno Commission approved the amendments and it was then considered by the Reno City Council at a public hearing. The amendments and ordinance were approved but only on the condition that they were also approved by the Regional Planning Commission. The City did not, however, find that Cold Spring’s water services and infrastructure were adequate in light of the proposed development to the property. Both Ordinance 6712 and 5809 were approved by the Regional Planning Commission and went into effect.
Citizens for Cold Springs, a group of citizens, taxpayers, residents and landowners requested declaratory and injunctive relief. They alleged that Ordinance 5809 did not conform with the master plan at the time of adoption. Citizens for Cold Springs also alleged that City’s efforts to amend the master plan by adopting Ordinance 6712 was an error because the Regional Planning Commission did not issue a determination “stating that the master plan amendments conformed to the regional plan prior to the resolution’s passage.” Further, Citizens for Cold Springs argued that the City did not address water services plans before adopting Ordinance 5809.
The District Court ordered the City to set aside Ordinance 5809 because the City did not amend the master plan before the adoption of the ordinance. The District Court also determined that City did not follow the proper procedure regarding Ordinance 5809 because “it did not make a finding regarding plans for the provision of services and infrastructure necessary due to the future development in Cold Springs.”
The City appealed. The Supreme Court determined that the City of Reno complied with the NRS 278.0282 with respect to Ordinance 6712, which required the City to get approval by a regional planning agency before amendments to the master plan were made. The Supreme Court however, determined that the City did not comply with former RMC § 18.06.404(d)(1)(b), which required local governments to make a determination about plans for adequate services and infrastructure before the adoption of amendments to the master plan.
City of Reno v. Citizens for Cold Springs, 2010 WL 2977393 (Nev. 7/29/ 2010)
The opinion can be accessed at: http://www.nevadajudiciary.us/index.php/advancedopinions/784-city-of-reno-v-citizens-for-cold-springs
