Development agreement approved for old Binion Ranch property

Roughly one year ago, MACKK LLC began seeking local approvals to turn the swathe of vacant land in the center of town known as the old Binion Ranch into a residential and commercial subdivision and this month, officials gave the green light to the next step in that process - a Nye County development agreement.

Named Wilson Ranch, this subdivision is planned for 139 acres located west of Dahlia Street, between Basin Avenue and Wilson Road. As detailed in the draft development agreement, the subdivision is limited to a maximum of 830 dwelling units, including single-family and multi-family residences.

The development agreement went before the Nye County Commission on Sept. 15, with Nye County Principal Planner Qiana Medici providing an overview of the project’s background. She explained that the Pahrump Regional Planning Commission had recommended approvals for both a Planned Unit Development application and a Master Plan Amendment and associated zone change in September of last year, which was followed by approval from the county commission one month later. Medici noted that after approval of the development agreement, MACKK LLC is required to submit a tentative map accompanied by a tortoise survey, “To ensure the existing population can be preserved at a new location.”

As with any large-scale development in the valley, the project has drawn public concern regarding the potential impact on water, as well as increased strain on emergency services and local infrastructure. Several of those who spoke during public comment requested that the development agreement be held off for the time being and some even called for a moratorium on new housing subdivisions.

“Our community is operating on a dangerous deficit, our roads are falling apart, our schools are overcrowded, our single hospital is stretched thin and our law enforcement and first responders are already handling a staggering volume of calls with limited personnel,” resident Terri Jo Hook asserted. “We need a complete ban on new major residential applications until we have a real, current, data-driven impact study that proves our water, roads, schools, public safety and medical services can handle it.”

Resident John O’Brien focused on the overall density of the project, remarking, “We go ahead and do anything forward with thisproject, we’ll open the town of Pahrump and the Master Plan to higher densities and this community cannot afford it. We do not have the resources, we do not have the infrastructure, we do not have the fire services to support it.”

There were many others who spoke on the matter, voicing their opposition to the development but, as Nye County Commissioner Ian Bayne pointed out, the company already has the necessary approvals to build up to 756 homes, per previous approvals.

“I’m told by our county manager - who knows more about planning than anybody else in this room, I promise you - that they can put a giant apartment building there right now. Talk about a disaster. That is a nightmare for me,” Bayne declared.

He noted that he has voted against other new housing developments in the past but in this case, “We’re kind of stuck here. It’s already been approved and we can’t just say, ‘You can’t do this, go away.’ They have legal rights and they have attorneys… They have already got their zoning so they can already build. We cannot take it back, there is nothing we can do… So, it’s a matter of, we either do it and have these security measures and have this oversight, or we don’t.”

When it comes to one of the most hot-button topics in the valley, water, commissioner Debra Strickland said the property has been annexed into the Great Basin Water Company service territory. Representing the project, Ed Taney with Taney Engineering reported that 139 acre-feet of water has been dedicated to that utility to support the development.

“As far as water rights, that’s all we can do,” Bayne added. “It’s not our rule, it’s the state rules.”

For Bayne’s part, he said his primary concern is the crime in the area and he thanked Strickland and commissioner John Koenig for their work in negotiating for additional money to support emergency response services. On top of all regular impact fees for fire, police, parks and flood control, the developer will pay an additional Emergency Services Fee at a rate of $1,928 per dwelling unit.

Strickland made the motion to approve the Wilson Ranch development agreement with an amendment to remove the reference to the total amount of Emergency Services Fees, leaving only the stipulation of a $1,928 fee to be paid at the issuance of each unit’s building permit. Commissioner John Koenig seconded and the motion passed with all in favor.

Although this project continues to move forward, there is no guarantee that MACKK LLC will be the company that actually builds out Wilson Ranch, as the development agreement allows for the project to be transferred in the future.

“County understands that Developer [MACKK LLC] may not be the ultimate developer of the property. The rights and obligations of Developer under this agreement may be freely transferred or assigned to any entity(ies), partnership(s) or corporation(s), provided such entity(ies) shall assume in writing all obligations of Developer hereunder, including off-site improvement obligations,” the development agreement reads. “Developer has full discretion and authority to transfer, assign or encumber the planned development, or portions thereof, in connection with financing transactions, without limitations on the size or nature of any such transaction, the amount of land involved or the use of the proceeds therefrom, and may enter into such transaction at any time and from time to time without permission of or notice to county.”

To view the development agreement in full, visit NyeCountyNV.gov and click on the Meeting Center link. The document is included with item #9 of the Sept. 15 Nye County Commission agenda.

Contact reporter Robin Hebrock at rhebrock@pvtimes.com