NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING JANUARY 11, 2017

CASE DESCRIPTION(S): LOCATION: APN NUMBER(S): AP# 045-021-59 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING JANUARY 11, 2017 a. For Possible Action TM-2016-00004: Tentative Map application for a subdivision containing 106 residential lots on approximately 21.79 acres, located within the Mountain Falls Master Planned Community. b. For Possible Action Waivers from Design Standards: 1. Waiver from the street design standards to allow for a 28-foot private street section where 29-ft. is the standard. 2. Waiver from the subdivision street entry design standards to allow for a 51-foot private street standard where 59-ft. is the standard. 3. Waiver from the front Residential low setback design standard to allow for a 10-foot front building setback where 15-ft is the minimum. 4. Waiver from the rear Residential low setback design standard to allow for a 10-foot rear building setback where 15-ft is the minimum. (CB) Mountain Falls master planned community, located just west of Fontana Street and south of the northern Parkway Planning. AKA: Planning Area 4C LEGAL DESCRIPTION(S): Parcel 4C per File Map # 691000 Staff Report Agenda Items No. 8 PROPERTY OWNER(S): APPLICANT(S): AGENT(S): Mountain Falls LLC Mountain Falls LLC Taney Engineering 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 three (106) residential lots and 20 common element lots on the approximately 21.79 acre site for an overall density of 4.9 du/ac within this Planning Area. The subject 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 is valid and in effect until December 31, 2030. This subdivision is being marketed as a gated and age-qualified community with a proposed resident s facility (facility to be located within Planning Area 6). Figure 1: Planning Area 4C APN 045-021-59

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 2 of 10 The following waivers from design standards have been requested; 1. Waiver from the street design standards to allow for a 28-foot private street section where 29-ft. is the standard (document 643984). 2. Waiver from the subdivision street entry design standards to allow for a 29-foot private street standard where 59-ft. is the standard (document 643981). 3. Waiver from the front Residential low setback design standard to allow for a 10-foot front building setback where 15-ft is the minimum, (document 643984). 4. Waiver from the rear Residential low setback design standard to allow for a 10-foot rear building setback where 15- ft is the minimum, (document 643984). Pursuant to NCC 16.24.030, the Board has delegated authority to the RPC to take final action on Tentative Subdivision Maps. This action requires a simple majority vote of the members present to pass a motion. Conclusions The proposed Tentative Subdivision is in conformance with Nye County Code, and the minimum requirements outlined in Nevada Revised Statutes (NRS) 278.349. The RPC may, condition their approval to ensure that the tentative map is in conformance with the Development Agreement, County and State standards prior to submittal of the Final map.. RECOMMENDED MOTION(S): Move to (Options include approve, conditionally approve, continue, or deny) TM-2016-000004, and the Waivers from Design Standards based upon the findings as outlined below and subject to the conditions as stipulated within this report or as based upon additional conditions 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: (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal; 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; Applicant has provided that no additional water rights are being required by Great Basin Water Co., that sufficient water-rights have been deeded to the utility company to provide service for this property.

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 3 of 10 (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). (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 4.7 units per acre are planned. (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 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 the street impact fee. Streets within Planning Area 4C are planned as 43-ft. wide private streets, providing an 8-ft. parking lane on each side, a 4-ft. sidewalk and two 10-ft. wide travel lanes (17-ft. travel lane if no vehicles are parking in the street). The 28-ft. wide private street section provides for no on street parking, no sidewalk and two 11.84-ft. travel lanes. Neither of these street sections are markedly different than those approved in document # 643981 (Amendment # 1). Main access for Planning Area 4C is from Mountain Falls Parkway. All internal streets are planned as private streets, and will not be dedicated to Nye County for future ownership or maintenance. 43 Ft. and 28 Ft. Street Cross Sections per this Planning Area provided below.

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 4 of 10 Figure 2: Proposed 43-ft. Private Street Cross Section Figure 3: Proposed 28-ft. Private Street Cross Section w/out Parking or Sidewalks, (Drive Lane width is 11.5 feet more or less)

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 5 of 10 Figure 4: 20-Ft. Street Section per Document # 643984 - Amendment No. 1 to the Mtn. Falls DA (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. (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 approval of the subdivision with respect to water pollution and sewage disposal, and based upon a commitment from Utilities Inc.. of Central Nevada to provide sewage service to the subdivision. (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 Fire hydrant locations are noted in the map. Pahrump Fire and Rescue Services have provided comments under External Comments. Staff from these departments have expressed concern regarding the 28-ft. street standards and the responsibility to enforce no parking on the private streets, noting that the County will not be the enforcement agency. (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.

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 6 of 10 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 106 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 (see Condition of Approval # 23). A Parcel Map to remap the boundaries of the Golf Course, Planning Area 4C, 6 & 7 has been submitted for review on 12/15/2016. Planning Area 4C is located along Mountain Falls Parkway and is bordered by E. Cassero Road on the east. Access is from the Parkway. The proposed subdivision design shows a meandering road with 1 planned access point to the Parkway. The subdivision design provides one long 43-ft. road that terminates in a hammer-head design. Several stubstreets are proposed for use. In most cases the stub street provided access to 6 SFR lots, and in one case provides access to 8 SFR lots. A large expanse of useable open space is provided (93,262 sq. ft. situated in the middle of the subdivision. Map shows a meandering sidewalk through this common element lot. Traffic count for 106 age qualified residential units is estimated at 4 trips /dwelling unit (Senior housing) or about 424 average daily trips. 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. 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: Public Works supports and facts, findings or conditions determined by the PRPC at this time, reserving the right to provide additional facts, findings and conditions upon the submission of the improvement

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 7 of 10 plans for any commercial/industrial development of the property and/or complying with Nye County Code. 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. On-street parking along the 28 wide private ROW will not be supported by PW. 3. All streets are to remain private. 4. All streets are to be a minimum of 31/2 of AC over 10 of Type II Base. 5. Cross-slope of the street section shall be no less than 2.5% and no greater than 5%. 6. Site information needs to be changed to indicate private streets. Town of Pahrump Fire Department: No parking on the streets will need to be enforced. Turn around areas for larger apparatus is a concern as is hydrant access. Place an additional hydrant on the T street section. 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 approval of said subdivision with respect to water pollution and sewage disposal, provided that Utilities Inc. of Central Nevada (UICN) commits to provide sewage service to said subdivision. The developer is advised that final map approval is contingent upon NDEP approval of Improvement Plans for water and sewer. Public Utilities Commission of Nevada: (Two different responses received) 1. Engineering Dept.: 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. 2. Legal Dept.: 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. Applicable NCC Sections: 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.

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 8 of 10 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. NCC 15.24: Street Naming and Property Numbering within the PRPD I. Requirements for Private Streets: 1. All private streets which provide the only means of access to a minimum of three (3) properties or buildings shall be named and signage shall be provided in accordance with this chapter. 2. A sign, bearing the words "Private Street" may be mounted directly below the street name sign by the street owner(s). 3. All private street signage and hardware, as well as the expense for the material, shall be the responsibility of the landowner and shall conform to the design standards in effect at the time of installation. 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 substantial 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: Tentative Map Standard Conditions of Approval 1. Form of the 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 under the Development Agreement, 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 approval, 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.

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 9 of 10 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 Final Map will not be approved 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 approval. 12. All road obstructions and encumbrances shall be removed from the public Right-of-Way. 13. Should the developer submit the Final map in phases, legal, physical and EMS approved 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 main residential access/addressing to one street. 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. 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. Developer shall maintain the drainage swales and shall not obstruct flows adjacent to the subject property. b. The type of ownership of land dedicated for open space purposes shall be defined by a note on the map and shall be subject to approval by the Board of County Commissioners at the time of Final Map review. c. Conformance with the adopted DA and applicable Nye County Standards regarding street ROWs and street improvements. d. Developer(s) shall participate and perform and complete all work (at their own expense related to on-site improvements) required by the Development Agreement and applicable state and county statutes, codes, and regulations. 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;

Pahrump Regional Planning Commission Staff Report; TM-2016-000004 January 11, 2017 Page 10 of 10 18. All future development shall follow Mountain Falls Development Agreement design standards and Nye County standards as applicable or as amended pursuant to Section 11.11 of the Development Agreement. 19. The need for traffic improvements required as a result of a Traffic Impact Analysis (TIA) shall be reviewed and compared for compliance w/the Master Mtn. Falls revised Transportation Plan. 20. Geotechnical Reports and Technical Drainage Studies when required and must receive Public Department approval prior to submitting any improvement plans for review. Tentative Map Special Conditions of Approval 21. Approval of this tentative map, shall be for a period of four years from the effective date of approval. 22. Applicant shall file and have reviewed, approved and recorded a parcel map that will rectify the boundary between Planning Area 4C (APN: 045-021-59) and the golf course parcel (APN: 045-021-62) prior to approval of the final map. The purpose of the map is to rectify the boundary between the golf course and the individual residential lots proposed by this tentative map (TM-2016-000004). 23. Applicant shall resolve all tentative map concerns per Public Works requirements, Planning Department requirements and Co. Assessor s requirements prior to submitting a Final Map. 24. 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. 25. Lots within the subdivision map shall be renumbered using Block numbers as well as lot numbers. 26. Streets shall be privately owned and maintained. 27. All utility boxes and vaults must be installed within the utility easement and not in Nye County Right-of-Way. 28. Applicant shall submit plans for review and approval before installing any gate, or any other fire apparatus access roadway obstructions. 29. 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 during construction until such access routes are permanently developed. 30. Prior to approval of the Final Map the Developer will provide an updated Master Plan to show how the 3,200 dwelling units are being distributed throughout the planned community. 31. Street signs shall be installed prior to issuance of building permits.