A judge has ordered an iron company to stop construction on a new facility next to the SPCA of Northern Nevada.
According to court documents, the judge says the animal shelter has demonstrated the harm that increased noise, dust and vibrations of the construction could have on the animals.
The judge granted the motion earlier this week.
The SPCA of Northern Nevada released the following statement on their website:
SPCA-NN has won our motion for stay pending the outcome of our appeal! We are grateful that the judge followed the law and granted our stay. We’re also grateful to our attorney, Luke Busby, and – as always – our community for all of your support!
The legal group that is representing Reno Iron Works says that since it is an ongoing litigation, they have no comment at this time.
The shelter says they should have more to say on the issue this week.
June 8, 2022 Update:
The SPCA of Northern Nevada is suing the City of Reno, as the latest step in the ongoing battle between the animal shelter and an iron working company trying to build a facility next door.
As 2 News has reported, the SPCA has argued its case with the Reno Planning Commission and the Reno City Council, saying the noise and dust from the fabrication facility would harm the animals in the shelter. The council voted to move ahead with approving the project for Reno Iron Works anyway. Now the SPCA is turning the the courts, arguing that the shelter did not receive adequate notice about the project, as required by law.
The petition also says there may have been communication between Reno City Councilmember Devon Reese and another person with connections to Reno Iron Works, which would be a conflict of interest.
The petition asks that the court overturn the city's decision to allow the project's permit.
On June 6, the SPCA filed this petition against the city:
Second Judicial District Court of The State of Nevada, in and for the County of Washoe
More details from the petition:
"SPCA-NN’s facility at 4950 Spectrum Blvd. is located as the base of a large hill south of RIW’s proposed facility. RIW is proposing to cut down approximately 62 feet of the existing hill and push that dirt into the natural drainage topography north of the hill towards the property line with the Regional Public Safety Training Center (“RPSTC”)."
SPCA is concerned for their outdoor and indoor shelters as the dogs and cats there would be vulnerable and highly sensitive to the type of nuisances the RIW project would create during construction as well as daily operations, according to the lawsuit.
They're also worried about the cats being sheltered in the SPCA's indoor cat colonies, as cats have "sensitive immune systems that are highly susceptible to stress-induced illnesses such as loud noises, dust (causes increased rates of contagious Upper Respiratory Illnesses), and vibrations."
"Stressed dogs and cats are very susceptible to stress-induced illnesses and longer shelter stays can cause behavioral problems. Sick pets with behavioral problems do not get adopted," the document mentions.
Accommodations the SPCA would have to make if construction goes through would include increased costs to help keep the air clean for animals staying at the shelter.
"The SPCA-NN’s HVAC system is similar to a hospital’s and has full air exchange every hour. This German made system is sensitive and expensive to repair. Excess construction debris and dust will cause increased HVAC operating costs for SPCA-NN."
The SPCA also worries of the adoption possibility of animals after they are introduced to a loud and stressful environment at the shelter, which of course cannot be avoided if construction finalizes. Trust in humans is a big factor when pets are going through the adoption process.
According to court documents, RIW submitted an Application on October 11, 2021 to the City of Reno for a Major Site Plan Review of its proposed building of a 40,000 square-foot steel fabrication factory (Phase 1) and large pad for future expansion or other use (Phase 6 2) on 11.88 acres directly adjacent to and north of the SPCA-NN rehabilitation shelter on Spectrum Blvd.
It also says this:
"RIW’s application states that the zoning for the factory is “Suburban Mixed-Use,” and that the Suburban Mixed-Use zoning was established, “to support lower to moderate density commercial development with size and use that can vary to match that of the surrounding area.
RIW’s application includes a Major Site Plan Review Application Summary and Checklist at page 17, which states, “Major site plan reviews require notice to nearby property owners and a public hearing by the Planning Commission.”
At the March 2, 2022 meeting, the Planning Commission approved the master site plan request with a vote of two opposed, and three in favor.
The court documents show that SPCA-NN received no notice that proceedings at the City of Reno related to RIW’s project were to commence or occur, and argued at length before the Planning Commission and the Reno City Council about the lack of notice and the impacts that RIW’s facility would have on the SPCA-NN’s existing use of its adjacent property.
No analysis of what the SPCA-NN does or the impacts on its operations and property was provided in the City Staff’s report presented on March 2, despite the fact that SPCA-NN is one of only two neighboring properties to RIW’s proposed facility.
On March 14, 2022, the SPCA-NN timely appealed the Planning Commission’s decision to the Reno City Council.
On April 13, 2022, the Reno City Council held a meeting and considered SPCA-NN’s appeal, but did not reach a decision. Rather, the matter was continued to May 11, and in recognition of the incompatibility issue, the council directed RIW and SPCA-NN to pursue whether there was an alternative site at which the RIW facility could be located that would avoid the impacts on the SPCA-NN.
On May 11, 2022, the Reno City Council again heard the matter of SPCA-NN’s appeal, but voted to deny the appeal.
Mayor Schieve and Council members Brekhus and Duerr voted to grant SPCA-NN’s appeal, while council members Delgado, Weber, Reese, and Jardon voted to deny the appeal.
2 News reached out to the City Attorney's Office who said this:
- “The City Attorney’s Office declines to comment on the specifics of this litigation but plans to vigorously defend the City’s position.”
The City says Councilmember Devon Reese is unable to comment on pending litigation.
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The Reno City Council is set to hear an appeal from the Nevada SPCA over allowing Iron Works to start a new construction project next to their shelter.
We first told you about the potential project last month after the animal shelter raised concerns over how the move would impact the animals.
The two groups were then given 30 days to find a new location for Iron Works.
The shelter says they accomplished that but the company is moving forward with the project regardless.
Advocates are now asking the City Council to deny their Special Use Permit.
If the council does approve it, the shelter says they will then ask the permit include special mitigations to protect their pets.
We have reached out to Iron Works for a statement on their end - they declined to comment.
The council is scheduled to discuss the issue at 6 p.m. on Wednesday.
You can also voice your opinion on the City Council's public comment page here: City of Reno Public Comment Form (google.com)
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ORIGINAL STORY:
The SPCA of Northern Nevada and Reno Iron Works are calling for the public’s support in finding an alternative location for a ±40,000 square foot building construction project proposed right next to the SPCA of Northern Nevada’s adoption center.
On April 14, the Reno City Council approved a continuance giving the project applicant, Reno Iron Works, and the appellant, SPCA of Northern Nevada, until May 11 to work together in finding a new location where Reno Iron Works can build or move into.
“Reno Iron Works and the SPCA of Northern Nevada, which houses homeless pets who are especially vulnerable to stress inducing sounds, are incompatible neighbors.” said Executive Director Jill Vacchina Dobbs. “Bill is a rescue pet lover who does not want to build next to us, but right now he has no other option and we are committed to helping his fantastic business survive and thrive at a different location.”
The two parties are seeking the entire community’s help- and fast- to find a new location for Reno Iron Works. They are seeking an existing building (preferred for a shorter timeline) or buildable property with:
- Appropriate zoning;
- 5 to 10 acres;
- Large truck access and turnaround;
- 20,000 to 30,000 sq. ft. of shop space;
- 5,000 to 10,000 sp. ft. of office space;
- 32-foot clear inside for moving cranes; and
- A rail spur (a big plus but not required).
Updates can be found at spcanevada.org/reno-iron-works-building-updates. Reno Iron Works and the SPCA of Northern Nevada are urgently seeking a solution that will save both.
Those with information regarding available locations or buildings can reach out to Bill@RenoIronWorks.com.
