CASE DESCRIPTION(S): LOCATION: APN NUMBER(S): AP# 045-021-21 LEGAL DESCRIPTION(S): PROPERTY OWNER(S): APPLICANT(S): AGENT(S): NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING DECEMBER 14, 2016 For Possible Action TM-2016-00006: Tentative Map application for a subdivision containing 166 residential lots on approximately 35.80 acres (net), located within the Mountain Falls Master Planned Community. (CB) Mountain Falls master planned community, located south of the Paradiso neighborhood and is bounded on both sides (north and south) by the golf course, AKA: Planning Area 7. Parcel 2 and Future Planning Area 7 per File Map # 786263 Mountain Falls LLC Mountain Falls LLC Taney Engineering Staff Report Agenda Item No. 15 STAFF CONTACT: Cheryl Beeman, AICP & Principal Planner (775) 751-4249 PROJECT SYNOPSIS: The applicant is requesting approval of a Tentative Subdivision Map for one-hundred sixty-six (166) residential lots and eleven common element lots on approximately 35.80 acre (net) site for an overall density of 4.6 du/ac within this Planning Area. The property is located within the Mountain Falls Master Planned Community, and subject to a Development Agreement between Nye County and Mountain Falls Acquisition Corp., that was extended pursuant to a Settlement Agreement recorded 9/21/2015, and is effect until December 31, 2030. Planning area 7 will have public streets and is not being proposed as a gated and age-qualified community. Figure 1: Planning Area 7 APN 045-021-63 Conclusions The proposed Tentative Subdivision is in conformance with Nye County Code, and the minimum requirements outlined in Nevada Revised Statutes (NRS) 278.349, there is a discrepancy about conformance with the Development Agreement design standards and can be resolved by the RPC approving a waiver of design standards. The RPC may, if they choose to do so, condition their approval in a way to ensure that the tentative map is in conformance with County and State standards prior to submittal of the Final map. The RPC takes final action on Tentative Subdivision Maps and requires a simple majority vote of the members present to pass a motion.
December 14, 2016 Page 2 of 13 RECOMMENDED MOTION(S): Move to (Options include approve, conditionally approve, continue, or deny) TM-2016-000006 and a Waiver of design standards, based upon the findings as outlined on page 2-3 and subject to the conditions as stipulated within this report or as based upon additional and/or alternate findings as established by the Pahrump Regional Planning Commission. Applicable NRS Sections: 1. NRS 278.346, (Tentative map to be forwarded to school board; acquisition or disposal of school site) outlines and governs the mechanisms involved in the acquisition of school sites. The NRS does not make a distinction between a commercial/industrial subdivision and a residential subdivision for purposes of a school site. 2. NRS 278.02327, (Application for matter relating to land use planning required to be complete for acceptance by governing body; review for completeness; procedure for return of incomplete application), outlines the timeframe for declaring an application incomplete. 3. NRS Section 278.349; (Action on tentative map by governing body; considerations in determining action on tentative map; final disposition) provides for the timeframe that the Planning Commission has to take action on a tentative map (60-days from the date that the application has been deemed complete), and outlines the matters that shall be considered by a planning commission that is authorized to take action on a tentative map and are as follows: Environmental and health laws and regulations will be adhered to and facilities for the disposal of solid waste, supply water and provide public sewage disposal will be installed and managed by Great Basin Water Co. (formerly known as; Utilities Inc. of Central Nevada). (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision; No Information provided on the availability of water sufficiency in quantity or quality. (c) The availability and accessibility of utilities; Public utilities are available and will be installed and maintained under the Great Basin Water Co. (formerly known as; Utilities Inc. of Central Nevada) (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks; Impact Fee Ordinance #302 adopted August 17, 2005 established Fire, Park, Police and Street impact fees, Nye County Resolution No. 2004-32 was adopted August 23, 2004 which imposed a tax on new residential construction to finance schools. May 9, 2011 WLH filed a lawsuit against the County to adjudicate WLH claims of exemption from the impact fees and school tax. The Settlement Agreement between WLH, Mountain Falls LLC and Nye County stipulates that the lands under the Development Agreement (Amended and Restated as Doc. # 575639), shall remain subject to the school tax, the fire station impact fee, the police impact fee and shall be exempt from the park impact fee and street impact fee. Therefore, the availability and accessibility of public services outside of the master planned community may be considered diminished with respect to transportation, public parks and recreation, (example: Homestead Rd. between Manse and Gamebird).
December 14, 2016 Page 3 of 13 (e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence; The proposed map is consistent with the 2014 Master Plan Update and with the Mountain Falls Development Agreement land use plan which designates the subject parcel as Residential Low, allowing for a density of up to 8 units per acre. The tentative map is about 4.6 units per acre are planned. Conformity with subdivision street standards may be an issue and can be a condition of approval (Condition # 35). (f) General conformity with the governing body s master plan of streets and highways; The proposal is in conformance with the streets and highways plan of the Adequate Public Facilities Plan (g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision; The proposed new subdivision will have an effect on the existing public streets (example: Homestead and Gamebird) within the PRPD, however due to the Settlement Agreement, there will be no participation from WLH or MF to participate in improvements to existing public streets. Streets within Planning Area 7 are planned as 43-ft. wide public streets, these streets will likely be dedicated to Nye County for future ownership or maintenance pursuant to an approved Subdivision Improvement Agreement. The Settlement Agreement between WLH, Mountain Falls LLC and Nye County stipulates that the lands under the Development Agreement (Amended and Restated as Doc. # 575639), shall be exempt from participating in paying the street impact fee. (h) Physical characteristics of the land such as floodplain, slope and soil; The planning areas within Mountain Falls master planned community have been engineered out of the FEMA mapped special flood hazard area (SFHA), site exhibits minimal slopes. Planning Area 7 is to be provided improved access as lot development takes place. Figures (below) show points of access that are noted as easements across Golf Course and will be constructed to provide full-width legal and physical access per NCC. The tentative map (TM-2016-000006) indicates subdivision entry designs at 25-ft. improved portion (see Section C on sheet 5 of 5). ROW widths appear to range from a minimum of 68-ft in width to 123-ft. per diagram Section C. The 1 st Amended approved Development Agreement (Document # 643984) provides a design standard with a 59-ft. for the Typical Subdivision Entry. Fontana Road is an improved 43-ft. ROW with a planned 40-ft. entry street section (Section C page 5 of 5 of the Tentative Map) and E. Cassero Rd. which is an improved 37-ft. ROW with a 49-ft entry street section (Section G page 5 of 5 of the Tentative Map) where 51-ft has been dedicated per Planning Area 7 (map 786263 The subdivision entry design discrepancies can be resolved through the RPC s waiver of design standards. Finding that the alternative proposal provides for improved planning and will not be detrimental to the public safety, health, or welfare or other properties.
December 14, 2016 Page 4 of 13 Figure 2: Aerial view of eastern access to Planning Area 7 is a designated 45-ft. Cart Path Easement for ingress and egress per Map # 591683 (below) Figure 3: Eastern Access to Planning Area 7 per Map # 591683
December 14, 2016 Page 5 of 13 Figure 3: Eastern access to Planning Area 7 per Map # 786263 Figure 4: Aerial view of the western access to Planning Area 7 via Cassero Rd. per Map # 591683 partially constructed with cart path crossing
December 14, 2016 Page 6 of 13 Figure 4: Access to West side of Planning Area 7 per Map # 591683 via Cassero Rd. Figure 5: Western (Cassero Rd) access to Planning Area 7 as shown on Map # 786263
December 14, 2016 Page 7 of 13 Figure 6: 25-Ft. Subdivision Entry Design per TM-2016-000006 Figure 7: 59-Ft. Subdivision Entry Design per document # 643984 (i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive; Nevada Division of Environmental Protection recommends denial based on an incomplete submittal. The applicant was required to submit the subdivision to NDWR, PUC, NDEP, Town of Pahrump, Town of Pahrump Fire Dept and NCSD we have only received a recommendation from NDEP. (j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands; and
December 14, 2016 Page 8 of 13 Improvement plans are not provided at this stage in the map review, although fire hydrants are noted in the map legend, they are not located on the map. Pahrump Fire and Rescue Services and Nye County Emergency Services have provided comments under External Comments (beginning on page 9 of this report). (k) The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest. According to the Nye County Treasurer s Office only the 1 st & 2 nd quarters of 2016-2017 have been paid. Payment in full is required prior to recording a final map. ANALYSIS Background: The property has an extensive background, the table below describes the Development Agreements, Amendments and Settlement Agreements and does not cover the extensive parcel mapping, merger & resubdivisions, tentative or final subdivision mapping. Date Document # Description 10/18/1999 480151 EA Collins purchases lands in Pahrump 11/30/1999 480150 Mountain Falls Phase 1 Final Map recorded 12/5/2000 505651 Adoption of a Development Agreement with E.A. Collins Development Corporation for the Mountain Falls Common Interest Community 07/12/2001 517596 Commercial Federal files a lawsuit for bankruptcy against EA Collins 06/17/2002 537403 Commercial Federal sells Mt. Falls holdings to Mountain Falls Acquisition Corp. 04/25/2003 561389 A Settlement Agreement and Mutual Release 11/17/2003 575639 Amended and Restated Development Agreement Revised Mountain Falls Development Agreement 06/30/2004 594733 Assignment and Assumption of Agreement between Mountain Falls Acquisition Corp., WLH, Inc. and Mountain Falls Golf Course, LLC. 09/21/2004 643984 Mountain Falls Revised Development Agreement Amendment # 1 09/21/2015 836587 Settlement Agreement between WLH, MF LLC and Nye County Area Characteristics: The subject property is located within a Master Planned Golf Course Community, and is within flood zone X (unshaded), which corresponds to areas outside the 500-year flood hazard area as indicated by the Flood Insurance Rate Map (FIRM). Applicant is requesting approval of a Tentative Residential Subdivision Map for 166 residential lots. The area to be subdivided does not match the current parcel configuration. The tentative map shows the old boundary vs. the proposed new boundary. Adjusting the parcel boundary will require a separate mapping action and the applicants request that the RPC condition approval on this (Condition of Approval # 22). Planning Area 7 is located between fairways on the golf course. The proposed subdivision design shows a meandering road with 2 planned access points north to the Parkway. The subdivision design provides a long 43-ft. road broken up by 2 loop roads which may be sufficient to provide the approved turnaround required by NCC. This design creates SFR lots that back onto a street (separated by a 6-ft. wide (minimum) to 14-ft. (maximum) common element. It is the developer s intent that this common element or CE lot is sufficient to preclude the lots from being double-fronted. There are approximately 2.2 acres of common element lots provided throughout the subdivision, four of which comprise over 65,000 sq. ft. of open area and are well dispersed throughout the subdivision. Traffic count for 166 residential units is estimated at 10 trips /dwelling unit or about 1,660 average daily trips.
December 14, 2016 Page 9 of 13 The plan indicates an average lot size of 60 X 110 or 6,600 sq. ft., a minimum lot size of 60 X 102 or 6,120 sq. ft., and the maximum lot size of 12,262 sq. ft. The smallest residential lot in the subdivision is 5,630 sq. ft. staff notes that the typical or average lot size appears to be 6,180 sq. ft. rather than 6,600 sq. ft. Internal streets (public) sections are shown on the Tentative Map (Sheet 5 of 5): 43- ft. curb, gutter and a 4-ft. wide sidewalk on one side, providing for a 39-ft. back of curb to back of curb, (Street Section A). o With cars parked on either side of the road, drivable aisle is 23-ft. Cassero Road entrance is designed at 43-ft. with curb and gutter, sidewalk on one side, (Street Section G) o Providing approx. 37-ft. drivable aisle, or two 18.5-ft. lanes. o Fontana Rd. entrance is designed at 40-ft. with curb and gutter, detached sidewalk on one side within a 15-ft. landscaped area on one side and a variable 28.93 53.68 landscaped area on the other side, (Street Section C) This design provides for a 25-ft wide drivable aisle, or two 12.5-ft. lanes. It is staff s opinion that the recommendation of denial from the Nevada Division of Environmental Protection (below External Comments) are matters that are easily remedied by the developer s agent and the RPC should not use this as a basis for taking no action on this application. External Comments: Nye County School District: There may be some interest in re-visiting the school site pursuant to NRS 278.346 (see page 2 of this report Applicable NRS Sections). Public Works comments: 1. All improvements are to be built to Nye County Public works Guidelines for Design and Review of Development Engineering Submission and Nye County standards. 2. Sheets 1 & 2: no on-street parking on 28 wide ROW. 3. Sheet 1: All streets are private. 4. Sheet 2: All streets are to be a minimum of 31/3 of AC over 10 of Type II Base. 5. Sheet 2: Cross-slope of the street section shall be no less than 2.5% and no greater than 5%. Town of Pahrump Fire Department: Depending on roadway widths, no-on street parking will need to be enforced. Turn around areas for larger apparatus is a concern as is hydrant access. Nye County Emergency Services: in high density housing, the major concerns are turn radii for ladder trucks, hydrants every 300' instead of 500', a parking plan that can be enforced (to prevent access problems), setbacks and side clearances to minimize flame spread from structure to structure, sidewalk and driveway standards that support movement of EMS, possibility of required residential sprinklers, rain run-off diversion designed to not create high speed currents known to grab kids and pets, enforceable landscaping plans that aid law enforcement in daily surveillance, and utilities designed for easy access during emergencies. Pahrump Town Manager: No comments received Nevada Division of Environmental Protection: Recommends denial of said subdivision with respect to water pollution and sewage disposal. This recommendation appears to be based on the following missing information: 1. The developer is to provide a Master Plan showing future development and intended use of all land under the ownership or control of the developer in the vicinity of the proposed subdivision. 2. The developer is to provide a brief description regarding the historical usage of the property or any significant existing environmental degradation that could negatively affect the proposed project. 3. The developer is to supply will-serve or Intent-to-Serve letters from the water and wastewater utilities.
December 14, 2016 Page 10 of 13 4. State the distance between the subdivision and any existing water or wastewater utilities. 5. Submit APN number(s) for the Mtn. Falls Planning Area 7. The APN(s) are to be inserted on at least one of the sheets of the Tentative Map, preferably Sheet 1. Public Utilities Commission of Nevada: Two different The PUCN is involved in Subdivision Reviews of Tentative Mapping when the utility provider is subject to the provisions of NRS 704.6672 and is under our jurisdiction (Utilities Inc. of Central NV). The applicable statutes are under NRS 704.6672 and NRS 278.335. Once you file, Staff will conduct an investigation to determine the adequacy of water and sewer supply for the subdivision. The Applicant will file for a Subdivision Clearance (see the following link for the associated fee), and Staff will be in contact with specific questions and requests for information. Pursuant to NRS 704.6672(3), the Regulatory Operations Staff of the Commission believes the Commission does not need to review the Mountain Falls Tentative Map since the utility furnishing the water supply or sewer service already has a certificate of public convenience and necessity granted by the Commission to serve the area set forth in the tentative map. Please be advised that the Regulatory Operations Staff does not have the authority to speak for the Commission. NCC 16.28.260 Design Standards; Generally F. Residential Subdivision Design: 1. In conventional subdivisions, the planning commission may vary lot areas and dimensions, yards, and setbacks for the purpose of encouraging and promoting flexibility, economy, and environmental soundness in layout and design, provided that the average lots' areas and dimensions, yards, and setbacks within the development conform to the minimum requirements of this chapter, and provided that such standards shall be appropriate to the type of development permitted. 2. Residential lots shall front on residential access or residential subcollector streets, not on collector or arterial streets, highways or other higher order streets. 3. Every lot shall have sufficient access to it for emergency vehicles as well as for those needing access to the property in its intended use. 4. The placement of units in residential developments shall take into consideration topography, privacy, building height, orientation, drainage, and aesthetics. CONCLUSIONS It is staff s opinion that sufficient review of this application has been provided and the RPC may choose to condition their approval on any outstanding matters. The proposed Tentative Subdivision appears to be in conformance with Nye County Code, but there are discrepancies with the Mountain Falls Development Agreement. The RPC may if they choose to do so, condition their approval so that the tentative map shall be in conformance with all standards prior to submittal of the Final map. The following CONDITIONS FOR APPROVAL are suggested and are subject to the discretion of the Regional Planning Commission:
December 14, 2016 Page 11 of 13 Tentative Map Standard Conditions of Approval 1. Final map shall comply with all applicable state and local statutes, ordinances, codes, rules and regulations in effect at the time of recordation as well as compliance with plans, documents, reports, etc. submitted by the Developer(s). 2. Developer(s) shall, at their own cost, perform and complete all work and improvements required by state and county statutes, codes, regulations, etc. 3. No construction of public improvements shall occur until construction plans are submitted and approved in accordance with the Document Submittal Requirements along with the calculations of the construction valuation, and plans check and inspection fees shall be borne by the Developer(s). 4. Prior to submittal of the Final Map, a preliminary title report not more than ninety (90) days old must be provided. Should the title report reference additional holders(s) of security interest, written consent of each holder or record of a security interest must be provided by signing the map or by signing a separate document that shall be recorded along with the final subdivision map. If a separate document is recorded with the map, the map must contain notation to that fact. 5. At the time of final map submittal, all taxes for the current fiscal year shall be paid in full. (The Treasurer s signature will be obtained by the Planning Department). 6. Final monuments must be set by a professional land surveyor licensed in the State of Nevada before recordation of the final map. In lieu of setting monuments the Surveyor may furnish a performance bond or other suitable assurance to the governing body that will guarantee that the Surveyor will set the monuments on or before a date certain. Please note that the Surveyor s Statement indicates that the monuments depicted will occupy the position. 7. The form of the Final Map shall conform to the requirements outlined within N.R.S. 278.372 and the Document Submittal Requirements for Division of Land Applications within the PRPD. 8. Public utility rights-of-ways and easements must be approved by the utilities in whose favor the rights-of-way are being granted by signature of each utility s authorized representative appearing on the map. 9. All utilities servicing the development shall be provided underground except for main lines entering the subdivision along the perimeter. Utility easements shall be provided ten (10) feet each side of the centerline of all existing pole lines; and a ten (10) foot public utility easement shall be provided along the perimeter of all properties within the boundary of the final map. 10. The map will not be scheduled for final action until the engineered improvement plans for grading, streets, and utilities, the drainage study, the traffic study and/or traffic impact assessments have been reviewed and approved by the Nye County Public Works Department. These studies will be used to determine on-site improvements and assess developer for all off tract mitigation per NCC. 11. Off-Tract Assessments fees, bonding, and improvement agreements must be in place prior to Final Map submittal. 12. All road obstructions and encumbrances shall be removed from the Right-of-Way. 13. Should the developer submit the Final map in phases, legal and physical access shall be provided to any remnant parcel(s). 14. In such cases where double frontage lots are unavoidable, restrictions shall be implemented to restrict residential access/addressing from the interior street(s) only. 15. The applicant shall pay for the cost and installation of street name signs in accordance with Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) standards and Nye County Public Works Department standards. This cost includes the placement and/or replacement of street name signs at all street intersections affected by this approval. a. Design and placement of traffic signs shall be in accordance with the Nye County Standard Details and Specifications for Public Improvements within the Pahrump Regional Planning District. b. Design and location of street signs shall be shown on the engineer s plans for street improvements and shall be installed prior to final inspection of the roadway.
December 14, 2016 Page 12 of 13 c. At least one (1) street sign shall be placed at each four-way street intersection, and one at each T intersection. Signs shall be installed free of visual obstruction, and shall be installed under light standards where light standards exist. The design of street name signs shall be in accordance with the standards found in the document entitled Standard Details and Specifications for Public Improvements within the Pahrump Regional Planning District. 16. Driveway aprons shall extend from the edge of pavement within the street ROW to the private property and shall conform to the Standard Details and Specifications for Public Improvements Within the Pahrump Regional Planning District and includes: a. The developer shall obtain encroachment permits from Nye County Road Department for any work within the ROW. b. Developer shall maintain the drainage swales and shall not obstruct flows adjacent to the subject property. c. The type of ownership of land dedicated for open space purposes shall be defined within the Development Agreement and shall be subject to approval by the Board of County Commissioners at the time of Final Map review. d. Conformance to Nye County Standards regarding street ROWs and street improvements. e. Developer(s) shall participate and perform and complete all work (at their own expense related to on-site and offtract improvements) required by federal, state and county statutes, codes, and regulations that are in effect at the time of development. 17. Developer shall dedicate to County up to the full width of half the right of way of any streets and highway on their side of the property if such right of way is required by the Master Plan and/or County Capital Improvement Plan; 18. All future development shall follow Public Works Guidelines for Design and Review of Development Engineering Submissions in the Pahrump Regional Planning District. 19. The need for traffic improvements required as a result of a Traffic Impact Analysis (TIA) shall be subject to Public Works Department review and approval of proponent s TIA. 20. Geotechnical Reports and Technical Drainage Studies when required and must receive Public Department approval prior to submitting any improvement plans for review. 21. Approval of this 166-lot tentative map, includes 166 single-family residential lots and 11 common element lots, shall be for a period of four years from the effective date of approval. Tentative Map Special Conditions of Approval 22. Applicant shall file and have reviewed, approved and recorded an amended tentative subdivision map that will rectify the boundary between Planning Area 7 (APN: 045-021-63) and the golf course parcel (APN: 045-021-62) prior to any approvals of the final map. The purpose of the amended tentative map is to rectify the boundary between the golf course and the individual residential lots proposed by this tentative map (TM-2016-000006). 23. Proposed street names are not a part of this application. Street names shall be reviewed for approval prior to approval of the final map. 24. Prior to submittal of a Final Map, the applicant shall prepare and submit a Tentative Map that complies with NCC, NRS and the Mountain Falls Development Agreement. 25. Applicant shall resolve all mapping concerns per Public Works requirements, Planning Department requirements and Co. Assessor s requirements. 26. All open spaces, landscaped areas along or within the ROWs as noted on the Tentative Map shall be installed, irrigated and maintained by the developer or a property owner s association. 27. All streets and access ways in excess of 1,000-ft in length shall be provided with at least two points of ingress/egress outside of the Planning Area to an all-weather improved surface roadway.
December 14, 2016 Page 13 of 13 28. All terminal streets designed to serve more than four SFR lots shall be provided with an approved turnaround as shown in the Standard Details and Specifications for Public Improvements within the Pahrump Regional Planning District. 29. Lots within the subdivision map shall be renumbered using Block numbers as well as Lot numbers. 30. All utility boxes and vaults must be installed within the utility easement and not in Nye County Right-of-Way. 31. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval, including primary and secondary roads from the proposed project to existing paved roadways. 32. The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest. 33. Prior to obtaining approval of a Final Map for Planning Area 7, the developer shall comply with the conditions outlined within the Settlement Agreement document # 836587, matter related to the street improvements described in Exhibit B of that document. 34. Work with the Nye County School District to provide appropriate school bus stop locations and student gathering/waiting places. 35. Updated Master Plan from the Developer to show how the 3,200 dwelling units are distributed throughout the planned community.
BO Boundary, CE Common Element 3rd Technical Review
BO Boundary, CE Common Element 3rd Technical Review
BO Boundary, CE Common Element 3rd Technical Review
166 lots, (lot # 145 missing) 4.6 du/ac BO Boundary, CE Common Element 3rd Technical Review
drivable portion, minus 8-ft. for on-street parking 3rd Technical Review