City of Reno

ANNEXATION PROGRAM

2003 – 2009

Adopted by

Reno City Council

May 14, 2003

Certified by the

Truckee Meadows Regional Planning Commission

September 24, 2003

CITY OF RENO

ANNEXATION PROGRAM 2003 - 2009

TABLE OF CONTENTS                                                                                                      Page

Foreword.................................................................................................................................. 1

Introduction............................................................................................................................... 2

Annexation Program Goals and Policies.............................................................................. 3

Land Uses and Development Standards.............................................................................. 5

Map 1 - Sphere of Influence.................................................................................................... 6

Annexation and State Law...................................................................................................... 7

Map 2 - Annexation Program Maps - Annexation Areas.................................................... 8

FOREWORD

This Annexation Program is prepared in compliance with Chapter 268 and 278 of the Nevada Revised Statutes, and identifies areas within the Sphere of Influence of the City of Reno, as shown in the 2002 Truckee Meadows Regional Plan and the Mediated Settlement Agreement to CV02-03469, to be considered for annexation to the City within the seven year period from 2003 - 2009. Map 1 identifies the current Sphere of Influence for the City of Reno.

All unincorporated areas contiguous to the City are eligible for annexation under NRS 268.670 upon application of 100% of the property owners of the subject area. Provisions in this program do not apply to NRS 268.670 annexations.

Areas within the City’s Sphere of Influence are also eligible for annexation under the process laid out in NRS 268.610 through 268.668. The portions of the Sphere of Influence which may be considered for annexation under this procedure are identified on Map 2, “Annexation Areas”.

The Annexation Program document identifies areas within the Sphere of Influence proposed for annexation; timing of these annexations; City policies regarding annexation; and the factors to be considered in the preparation of city annexation programs.

Those unincorporated areas which are completely surrounded by the City are known as "islands".  Island areas can be annexed under proceedings initiated by the City of Reno, if certain criteria are met, under the process laid out in NRS 268.610 through 268.668.  During F.Y. 1998-99, the City of Reno undertook the annexation of the island areas eligible for annexation under that process.  Map 2, identifies the unincorporated islands which have not been annexed.  The City will not initiate annexation of islands without the consent of the property owner.

The discussion, objectives, policies, and Annexation Program Map will be used by the City of Reno and the Truckee Meadows Regional Planning Agency to provide guidance for decisions relating to annexations other than those occurring under NRS 268.670.

INTRODUCTION

Annexation of properties by an incorporated city in counties of less than 400,000 population is governed by NRS 268.610 through 268.670. Under NRS 268.670, cities may consider annexation of any contiguous property upon the petition of 100% of the owners of record of such property.

Initiation of annexation of contiguous properties by the City, or upon petition of a majority but less than 100% of the property owners is restricted to areas located in the Sphere of Influence, as established in the Truckee Meadows Regional Plan.

The current Truckee Meadows Regional Plan, adopted on May 9, 2002, establishes a regional growth form through identification of the Truckee Meadows Service Area (TMSA), which designates areas where 99% of growth over the next 20 years is to be located. The Sphere of Influence boundaries designated in the Regional Plan are those areas which are considered appropriate for inclusion in the cities of Reno and Sparks.

This Annexation Program complies with the requirements of Nevada Revised Statutes Chapter 268 and is consistent with applicable maps and policies of the Truckee Meadows Regional Plan, including those related to regional form and pattern, resource management and infrastructure and service provision (as required by Regional Plan Policy 3.3.3). By law, where there exists an apparent conflict between the Regional Plan and State law, State law shall prevail.

Factors for Consideration in the Preparation of City Annexation Program

Consistent with NRS 268.625, the City must consider the following factors in preparation of a program of annexation:

(a)       The location of the property to be considered for annexation;

(b)       The logical extension of city limits;

(c)        The need for the expansion to accommodate planned regional growth;

(d)       The location of existing and planned water and sewer service;

(e)       Community goals that would be met by any proposed annexation;

(f)         The efficient and cost-effective provision of service areas and capital facilities; and

(g)       Any other factors concerning the proposed annexation deemed appropriate for consideration by the governing body of the city.

ANNEXATION PROGRAM GOALS AND POLICIES

Annexation Program Goals:

(1)       Ensure that everyone who benefits from services provided by the City shares the costs of providing those services.

(2)       Create logical city limits and efficient service areas.

(3)       Assure the continued economic vitality of the City.

(4)       Prevent the deterioration in quality of public services provided.

Annexation Program Policies:

Policy 1.         The City will accept and process annexation petitions for:

a.                  All properties which are contiguous to the City, which are requested by 100% of the owners of the subject properties, subject to the procedures laid out in NRS 268.670;

b.         Properties located within the City’s Sphere of Influence, when submitted by a majority but less than 100% of the property owners, under the process laid out in NRS 268.610 through 268.668. The Sphere of Influence areas are shown on Map 1. Properties located within the Sphere of Influence which may be annexed under this process within the seven year period from 2003 – 2009 are identified on Map 2.

Policy 2.         The City will require an application for annexation of any property in the Sphere of Influence when that property owner requests approval of additional development (zone changes, building permits, etc.).  The application will include a waiver of the time limit for processing in order to allow the City discretion in sequencing the extension of City boundaries.

Policy 3          The City encourages annexation of unincorporated islands as soon as they meet the criteria set forth in NRS 268.  Islands are shown on Map 2.  The City will accept and process annexation petitions for properties located within these areas.

Policy 4          All annexations will be processed according to the Nevada Revised Statutes and City Code in effect at the time the annexation takes place.

Policy 5          The City of Reno recognizes the distinct character of different neighborhoods proposed for annexation. The City proposes to maintain development standards appropriate for existing rural/suburban neighborhoods.  Urban level standards will only be considered for these areas when supported by property owners.

Policy 6          The City will annually provide the Regional Planning Commission with a status report on its Annexation Program as part of its Annual Report required by NRS 278.0286.

Policy 7          The City of Reno Annexation Program will not be amended more frequently than annually.

Policy 8          The City will not initiate annexation proceedings on any property in an unincorporated island without the consent of the property owner.

LAND USES AND DEVELOPMENT STANDARDS

An important factor relating to annexation is that many of the properties on the periphery of the City are previously developed areas, subject to development standards that are different from those of the City.  The development standards for land uses in the unincorporated areas are intended to meet the needs of more suburban and rural locations, while the City's development standards are intended to meet the needs of urbanized areas with higher population densities.

Existing, legally established land uses will be allowed to continue upon annexation.  Land uses that do not conform to the City's zoning regulations will be "grandfathered" in, as long as they were legally established.

The City will not require, as a result of annexation, additional public improvements to be installed or constructed on sites developed prior to annexation, unless there is an overriding public health, safety or similar requirement.  If and when additional development is proposed, some public improvements such as curb, gutter, sidewalk, and street lights, may be required in conjunction with the issuance of a building permit.

Map 1

Sphere of Influence

ANNEXATION AND STATE LAW

As noted under Policy 1 of this Annexation Program, NRS 268.670 allows annexation of any contiguous property upon the application of 100% of the owners of the subject property. Under this section of State law, contiguity is established if the territory to be annexed abuts the existing City boundary, or is separated from the City boundary by a street, alley, public right-of-way, creek, river, railroad right-of-way, or by lands owned by a governmental entity or subdivision of the State. The City shall process and consider any application for annexation received which meet these criteria.  Chapter 18.02 of the Reno Municipal Code outlines factors that must be considered when processing annexation requests.

Annexation of properties upon a petition of a majority, but less than 100% of the property owners, or initiation of annexation by the City, is governed by the procedures laid out in NRS 268.100 through 268.668. Under these procedures, annexation is limited to the properties located within the Sphere of Influence and included in the Annexation Program. When processing annexations under these procedures, the factors outlined in Chapter 18.02 of the Reno Municipal Code will be considered.  In addition, NRS 268.646 lists the following six factors which must also be considered when processing annexations under NRS 268.100 through 268.668:

1.         Population, population density, land area and land uses, per capita assessed valuation, topography, including natural boundaries and drainage basins, proximity to other populated areas, and the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next 10 years.

2.         The need for organized community services, the present cost and adequacy of governmental services and controls in the area, probable future needs for such services and controls, and the probable effect of the proposed formation and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.

3.         The effect of the proposed annexation and of alternative actions upon adjacent areas, on mutual social and economic interests and on the local governmental structure of the county.

4.         The effect of the proposed annexation and of alternative actions upon the availability and requirement of water and other natural resources throughout the affected area.

5.         Any determination by the Bureau of Land Management that the territory proposed to be annexed is suitable for residential, commercial or industrial development, or will be opened to private acquisition.

6.         The consistency of the annexation proposal with any applicable comprehensive regional plan, area plan or master plan and any program of annexation adopted and certified to pursuant to NRS 268.625.

Map 2

Annexation Areas