Senate Bill No. 181–Senator Care

 

February 20, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to amendment of redevelopment plans. (BDR 22‑992)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; revising provisions relating to the amendment of a redevelopment plan; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1.  NRS 279.608 is hereby amended to read as follows:

1-2  279.608  1.  If , at any time after the adoption of a

1-3  redevelopment plan by the legislative body, [it becomes] the agency

1-4  desires to take an action that will constitute a material deviation

1-5  from the plan or otherwise determines that it would be necessary

1-6  or desirable to amend [or modify] the plan, the agency must

1-7  recommend the amendment of the plan to the legislative body .

1-8  [may amend the plan upon the recommendation of the agency.] An

1-9  amendment [or modification] may include the addition of one or

1-10  more areas to any redevelopment area.

1-11      2.  Before recommending amendment of the plan , the agency

1-12  shall hold a public hearing on the proposed amendment. Notice of

1-13  that hearing must be published at least 10 days before the date of

1-14  hearing in a newspaper of general circulation, printed and published

1-15  in the community, or, if there is none, in a newspaper selected by

1-16  the agency. The notice of hearing must include a legal description of

1-17  the boundaries of the area designated in the plan to be amended and

1-18  a general statement of the purpose of the amendment. [Copies of the

1-19  notices must be mailed to the last known owner of each parcel of

2-1  land within those boundaries, at his last known address as shown by

2-2  the records of the assessor for the community, and to any person

2-3  who has acquired property within those boundaries from the agency,

2-4  at his last known address as shown by the records of the agency.]

2-5  3.  In addition to the notice published pursuant to subsection

2-6  2, the agency shall cause a notice of hearing on a proposed

2-7  amendment to the plan to be sent by mail at least 10 days before

2-8  the date of the hearing to each owner of real property, as listed in

2-9  the records of the county assessor, whom the agency determines is

2-10  likely to be directly affected by the proposed amendment. The

2-11  notice must:

2-12      (a) Set forth the date, time, place and purpose of the hearing

2-13  and a physical description of, or a map detailing, the proposed

2-14  amendment; and

2-15      (b) Contain a brief summary of the intent of the proposed

2-16  amendment.

2-17      4.  If after the public [hearings] hearing, the agency

2-18  recommends substantial changes in the plan which affect the master

2-19  or community plan adopted by the planning commission or the

2-20  legislative body, those changes must be submitted by the agency to

2-21  the planning commission for its report and recommendation. [That]

2-22  The planning commission shall give its report and

2-23  recommendations [must be given] to the legislative body within 30

2-24  days after [that submission.

2-25      4.] the agency submitted the changes to the planning

2-26  commission.

2-27      5.  After receiving the recommendation of the agency

2-28  concerning the changes in the plan, the legislative body shall hold a

2-29  public hearing on the proposed amendment, notice of which must be

2-30  published in a newspaper in the manner designated for notice of

2-31  hearing by the agency. If after that hearing the legislative body

2-32  determines that the amendments in the plan, proposed by the

2-33  agency, are necessary or desirable, the legislative body shall adopt

2-34  an ordinance amending the ordinance adopting the plan.

2-35      6.  As used in this section, “material deviation” means an

2-36  action that, if taken, would alter significantly one or more of the

2-37  aspects of a redevelopment plan that are required to be shown in

2-38  the redevelopment plan pursuant to NRS 279.572. The term

2-39  includes, without limitation, the vacation of a street that is

2-40  depicted in the streets and highways plan of the master plan

2-41  described in paragraph (p) of subsection 1 of NRS 278.160 which

2-42  has been adopted for the community and the relocation of a public

2-43  park. The term does not include the vacation of a street that is not

2-44  depicted in the streets and highways plan of the master plan

3-1  described in paragraph (p) of subsection 1 of NRS 278.160 which

3-2  has been adopted for the community.

 

3-3  H