TO:
Honorable Mayor and City Council
FROM:
Richard Secrist, Development Services Director
DATE:
January 24, 2016
RE:
Consideration of Tentative Map Case No. TM-16-005 (Boulder Heights Subdivision) to approve a 67 lot, single-family subdivision on 25.82 acres at 475 Wingate Road in the Mesquite Estates Planned Unit Development.
Background The applicants are proposing a 67-lot single-family subdivision on this 25.82-acre parcel. This is proposed as a Common Interest Community, with 4 common element lots (not including the private streets) in the subdivision. The subdivision is located generally located at 475 Wingate Drive, just east of Hayden Estates Subdivision (see attached location map). This subdivision is laid out as two loop roads, with one smaller cul-de-sac extending out from the lower loop. It has a single access off of Wingate Drive, with a second access further west off Yew Wood Way. Lots in the subdivision range in size from 6,559 square feet to 15,960 square feet, with all lots conforming to the Design Standards Handbook. Density: The Design Standards Handbook allows for up to 3 units per gross acre in the single-family (SF-1) district. Boulder Heights has a gross density of 2.6 units per acre.
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Key Facts Subdivision is located in the Mesquite Estates Planned Unit Development. Therefore, as applicable, all conditions of the Development Agreement and Design Standards Handbook are applicable. Subdivision is a common interest community. Subdivision contains 67 single-family lots, and 4 common elements. Overall, the subdivision encompasses 25.82 acres (2.6 units per gross acre) All lots conform to the Design Standards Handbook. The Development Agreement for Mesquite Estates PUD lapsed on December 2, 2014. Tentative Map Approval Criteria Please refer to Appendix “A” for the excerpt from Mesquite Municipal Code (MMC) Section 9-64. Subsection H sets forth guidelines and criteria for City Council decisions on tentative maps. Analysis Development Agreement: Development Agreements are used when large-scale development projects are proposed that are going to take years to build out. This is especially so with Planned Unit Developments (PUDs) where the development standards and land use activities are negotiated with the local government. The typical Development Agreement sets forth things like: What land use activities are going to be permitted in the project, and where. What public improvements are going to be made to support those activities, and how the improvements will be financed, and by whom. How the public improvements and land use activities will be phased in. What development standards will be used to build the improvements and land use activities (These are negotiated with the City and typically set forth in a Design Standards Handbook, usually adopted as an appendix to the Development Agreement). Agreements typically vest the project under existing City Codes, so that changes to the codes later on will not apply to the project. So, what happens when a Development Agreement lapses before a project is completed? According to the agreement, the City could stop issuing building permits and approving new subdivisions in the Master Planned area until a new Development Agreement is negotiated and approved. The City has not chosen to do this, however. We continue to “act as though” the agreement is in place while encouraging the developers and HOAs to enter into new agreements. Being without an agreement, however, puts both the developers and the City in a sort of legal limbo, with neither side being able to enforce the terms of the original agreement. Density Transfers: The Mesquite Estates (formerly Wolf Creek Estates) General Land Use Plan specifies that the subdivisions proposed along the Lincoln County Line in Phase IV are future low-density, single-family detached subdivisions to be developed at 1 unit per acre. This means that Hayden Estates was supposed to only have 30 units (30.67 acres), and Boulder Heights (Parcel 23) was only supposed to have 25 units (25.82 acres) However, language in Exhibit B (Applicable Rules, Waivers, and Commitments) states: Wolf Creek Estates will be allowed to “density transfer” between parcels within each Phase of development, so long as the maximum number of units per Phase does not exceed those
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approved for that phase. Density transfers between phases will not be allowed with the exception of Phase 4. All unused units not mapped in Phase 1,2 and 3 may be transferred to Phase 4, so that the total mapped units for the project does not exceed 2,301. Hayden Estates was approved for 90 units (3 units/acre), and developers of Boulder Heights are asking for 67 units (2.6 units/acre). So a density transfer of 60 units has been approved for Hayden Estates, and a density transfer of 42 units is being proposed for Boulder Heights. This is an overage of 102 units that will need to be subtracted from future subdivisions in the Mesquite Estates PUD. Lot Standards: Lots in the subdivision range in size from 6,559 square feet to 15,960 square feet, with all lots conforming to the Design Standards Handbook. Density: The Design Standards Handbook allows for up to 3 units per gross acre in the single-family (SF-1) district. Boulder Heights has a gross density of 2.6 units per acre. General public utility easements for the subdivision are not yet shown on the map, but standard easements are10 feet along the front and rear property lines, and 5 feet along the side property lines. The Design Standards Handbook allows a gross residential density of 3 units per acre in the single-family (SF-1) district. Boulder Heights has a gross density of 2.6 units per acre. Open Space: Approximately 29.9 percent of the total site is common open space. Most of that is in the form of 2 remainder parcels: one 2.11 acres in size, and the other 5.32 acres in size. A small amount of landscaped open space is located at the entries and along Wingate Drive between the perimeter lots and the streets. Landscaping plans for this open space will need to be submitted and approved prior to signing of the final map. Landscaping for Boulder Heights should be included in the improvement plans. The 2.11 acre parcel is shown as a Natural Conservation Area on the Mesquite Estates Master Plan, and the 5.32 acre piece is shown as a future park (see attached Master Plan Map). No conceptual plans are included in the Design Standards Handbook for this park, nor is it specifically discussed in the Development Agreement. The agreement does state that a plan for the first park shall be submitted before the first building permit is issued and that the first park shall be built before 20% of the approved homes are occupied. There are several conceptual plans for other of the proposed parks included in the Design Standards Handbook, but not this one. The Master Plan was approved for 2,301 residential units. Twenty percent of that is 460 units. So far, approximately 230 housing units have been built and occupied in Mesquite Estates. Circulation: The Boulder Heights Subdivision is accessed from Wingate Drive (a 60-foot public street). Interior circulation to lots is provided by a loop street, and one cul-de-sac. The loop connects to Gypsum Lane. These are 41-foot rights-of-way with 36 feet of oil, and curb and gutter, and a 5-foot wide sidewalk on one side of the street. The perimeter street, Wingate Drive, connects to Oasis Boulevard to the east. Pedestrian circulation is accommodated by 5-foot wide sidewalks along one side of the private streets. These connect to the sidewalks on Wingate Drive which will have 5-foot sidewalks on both sides. The detailed street section on the tentative map shows a 41’ right-of-way with 5-foot sidewalks on both sides of the street on private property. Staff recommends including any sidewalk in the
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street right-of-way. If sidewalk is only wanted on one side of the street, then the section should be revised to show a 46’ right-of-way. If sidewalks are desired on both sides of the street, the section should be revised to a 51’ right-of-way. The Fire Department is asking that a secondary or emergency access be provided to the lots accessed by the loop street, as there is a limit of 30 lots that can be served off one cul-de-sac. Water lines must also be looped in order to maintain water pressures. Transportation Impact Analysis (TIA): Under MMC 9-9-6(C)(7) If there is a master planned community with an overall TIA, another TIA will not be required for each phase, unless some portion of the original TIA is no longer valid due to changes in the standards or community. Nevertheless, the city may request a category 1 study for each phase if it has reason to think the target levels of service at driveways and intersections may be compromised. (Ord. 489, 127-2015) The subdivision will generate approximately 670 vehicle trips per day (10 per household) using the ITE Trip Generation Manual rates. Also, with two points of entry / exit, it is not anticipated that either intersection will drop below a Level of Service C. Therefore, no Traffic Impact Analysis will be required. Improvement Plans: New improvement plans are required. Landscaping plans are to be to be submitted with the improvement plans. Landscaping plans need to be reviewed and approved, prior to the signing of the final map. Previous Staff & Council Action On May 23, 2006, the City Council adopted Ordinance No. 342, amending the Mesquite Estates Development Agreement by clarifying the intent of certain grading and open space standards in the Exhibit "C" Design Standards. On November 9, 2004, the City Council adopted Ordinance No. 310, which adopted the Mesquite Estates Development Agreement, Master Plan and Design Standards Handbook. Recommendation Staff recommends approval of Tentative Map Case No. TM-16-005, subject to staff recommendations and Standard Conditions: Building Department 1. Meet all applicable Building Codes and Standard Conditions. 2. All slopes to be stabilized and landscaped. 3. All slopes to have a landscaping plan with the construction drawings. Plans to be designed by a design professional. 4. All required retaining walls to be shown on construction drawings. Retaining walls and landscaping to be bonded with the off-site improvements. 5. All graded property shall have a dust palliative applied to the soil and maintained. 6. A dust fence is required around all graded parcels. Dust fences shall be maintained by the property owner. 7. All water lines from the main to the property shall meet the UPC plumbing code. 8. All roads and retaining walls must be in place.
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9. All lot pads to be over excavated by a minimum of 10 feet "the entire pad". Engineering Department 1. Please review the APN’s for this project as the Clark County Assessor’s page show 00105-501-007, 001-05-501-008, and 001-05-501-009. 2. Please verify the legal description as it does not match the latest recorded document instrument #201401300001213 for the parcels of 001-05-501-007, 001-05-501-008, and 001-05-501-009. Planning and Environmental Resources 1. Meet all applicable Zoning Codes and Standard Conditions. 2. All Tentative and Final maps shall conform with the City’s Street Naming and Addressing Policy. 3. Comply with requirements of the Mesquite Estates Development Agreement and Design Standards Handbook. 4. Landscaping plans to be submitted with Improvement Plans. Landscape plans must be reviewed and approved prior to signing of Final Map. 5. The detailed street section on the tentative map shows a 41’ right-of-way and 5-foot sidewalks on both sides of the street on private property. Staff recommends including any sidewalk in the street right-of-way. If sidewalk is only wanted on one side of the street, then the section should be revised to show a 46’ right-of-way. If sidewalks are desired on both sides of the street, the section should be revised to a 51’ right-of-way. Public Works 1. Standard Conditions as applicable. Sanitation 1. Standard Conditions as applicable. Solid Waste 1. All services will be provided by residential 90 gallon automated system. Fire & Rescue Department 1. Provide a secondary or emergency access to the lots accessed by the loop street, as there is a limit of 30 lots that can be served off one cul-de-sac. 2. Water lines must also be looped in order to maintain water pressures. Police Department 1. No Concerns.
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Appendix A – Excerpt from Mesquite Municipal Code Section 9-6-4: TENTATIVE MAPS: H. Guidelines for Planning Commission or City Council Decision: The planning commission or city council shall consider the following criteria in making a recommendation on the tentative map: 1. Environmental and Health Laws: The application conforms with 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; 2. Water Availability: The applicant has shown the availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision; 3. Public Utilities: The site is served, or will be served at the time of development, with all necessary public utilities, including, but not limited to, water, sewer, gas, electric and telephone service; 4. Location: The site is located in an area of the city that is appropriate for current development activity and which will not contribute to the need for inefficient extensions and expansions of public facilities, utilities and services; 5. Public Services: The applicant has shown the availability and accessibility of public services such as schools, police and fire protection, transportation, recreation and parks; 6. Development Pattern: The site represents an overall development pattern that is consistent with the goals and policies of the master plan, the official map, the capital improvements program and any other applicable planning documents adopted by the city; 7. Conformance: The site and application conform to all applicable provisions of these regulations. If these regulations are inconsistent with the master plan, these regulations shall take precedence; however, city staff shall be instructed to make such recommendations as will be necessary to bring these regulations into compliance with the master plan; 8. Effect on Streets: The application considers the effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
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9. Street Design: The tentative map shows the location, spacing and design of proposed streets, curb cuts and intersections, all of which are consistent with good traffic engineering design principles; 10. Access: Each lot in the map of a residential development has adequate and safe access to/from a local street. If lot access is to/from a collector or arterial street, the planning commission, or city council if there is no planning commission, shall expressly find that such access is safe and that no other lot access or subdivision configuration is feasible; 11. Site Layout: The site contains a parcel, lot and land subdivision layout that is consistent with good land planning and site engineering design principles; 12. Development Sensitive to Environment: The site will be laid out and developed in a manner that is sensitive to environmental features and/or characteristics of the tract or parcel, including, but not limited to, topography, slope, soils, geology, hydrology, floodplains, wetlands, vegetation and trees; 13. Dedications and Improvements: The applicant agrees to dedicate and improve land, right of way and easements, as may be determined to be needed to effectuate the purposes of these regulations and the standards and requirements incorporated herein; 14. Other Recommendations and Comments: The recommendations and comments of those entities reviewing the tentative map pursuant to Nevada Revised Statutes chapter 278; 15. Submission Requirements Satisfied: All relevant and applicable submission requirements have been satisfied in a timely manner.