Nye County commissioners approved a development agreement with Beazer Homes Holding Corp. for a residential subdivision in Burson Ranch at Tesora in Pahrump.
The approval was made with a caveat that Nye County District Attorney Angela Bello will check the document for legal inconsistencies before Dec. 1.
Attorney Mark Fiorentino of Kaempfer Crowell, who represents Beazer Homes Holding Corp., said the firm had agreed to additional obligations after meetings with Nye County staff, Sheriff Sharon Wehrly and Pahrump Fire Chief Scott Lewis.
“All of the obligations of the original agreement that was approved 10-plus years ago are all in place,” Fiorentino said. “All of the obligations that were offered by Beazer Homes in your last meeting are also in place, we are not removing any of those, they are going to stay in place.”
The most significant obligation was agreeing to any changes that the county made regarding water use, he said.
“Frankly, for someone who has a recorded subdivision map, that is a substantial concession,” Fiorentino said. “It remains in place and we are not asking to be relieved of that.”
Nye County commissioners postponed approving a development agreement between the county and Beazer Homes Holding Corp. for the residential subdivision in October, citing a number of concerns about water, safety and infrastructure in the proposed subdivision.
The agreement is an update and readoption of the previous agreement between the county and the company that allows for the construction of 586 single-family residential homes, along with approximately 13 acres of park and open space. The previous development agreement was adopted in 2005 and expired in 2015.
Beazer Homes Holdings Corp. was unable to finish the project when the economy tanked, and the agreement subsequently expired. The company built 33 residential homes in the subdivision off Malibou Avenue south of Manse Road.
The firm originally was going to construct a soccer field within the subdivision. Under the changes, Beazer Homes Holding Corp. will not object to transferring water rights to the county since it no longer plans to construct a soccer field.
Instead, the firm will construct a rapid infiltration water basin.
Another change deals with road improvements.
“The vast majority of roadway improvements that were required under our original traffic study are either complete or mostly complete. There are some that are related to turn lanes on the Manse and Homestead project,” Fiorentino said.
The Nye County Public Works Department asked to frontload their contribution.
“So, we would just pay our share and the project could happen sooner than we would otherwise be obligated to do our share,” Fiorentino said.
Beazer Homes Holding Corp. also agreed to make new contributions for the capital needs of the Nye County Sheriff’s Office and Pahrump Valley Fire Department.
The Nye County Sheriff’s Office will get another $40,000 from the firm when a third of the project is complete. The $40,000 contribution to the Pahrump Valley Fire Department will occur short of halfway through the project, Fiorentino said.
Additionally, the county will let the firm lease a small portion of its parcel near Highway 160 for five years to put on a marketing sign that will let people know how to find the subdivision.
The developer agrees as each home is constructed that the developer is required to comply with local codes, ordinances and Nevada Revised Statutes with regard to water use and water use restrictions, according to the documents.
No portion of the agreement shall be interpreted to imply that the developer is grandfathered in with respect to water use and water conservation efforts underway in the Pahrump hydrographic basin, the documents said.
The new development agreement will not expire until the project is completed, officials said.
“What it essentially does, with respect to this project, is makes us partners going forward on those water regulations and the water usage in the county,” Fiorentino said.
The agreement goes into effect on Dec. 5.
Contact reporter Daria Sokolova at dsokolova@pvtimes.com. On Twitter: @dariasokolova77