Muller deal would allow 2,500 homes | RecordCourier.com

Muller deal would allow 2,500 homes

Douglas County commissioners will consider an exchange of increased density for right-of-way to build Muller Lane Parkway. Source: Douglas County
Proposed Park Receiving Area

If you go

What: Douglas County Board of Commissioners

When: 1 p.m. Monday

Where: 1616 Eighth St., Minden

Info: www.douglascountynv.gov

A development agreement to secure the right-of-way for Muller Lane Parkway would allow Park Holdings to build up to 2,500 homes on its property.

The Parks own 1,044 acres extending along the north edge of Minden and Gardnerville. Agricultural zoning on 965 acres allows 19-acre lots. There are also 79 acres of rural agricultural, which allows 5-acre lots. That acreage would allow 66 homes without any density or clustering bonuses.

Under the agreement being proposed to county commissioners, a master plan update would convert the property from agricultural to receiving area.

That means the Parks would have to bring density from other parcels to develop the land. However, they have extensive holdings across the county they could draw density from. They would also be subject to the county growth ordinance, which would limit the speed with which they could develop.

“Development of the property is planned to include a variety of residential uses, however no “big box” commercial development … in excess of 30,000 square feet of commercial space shall be allowed on the property,” the development agreement said.

In exchange, the county would receive a 205-foot right-of-way dedicated to allow construction of Muller Parkway, an easement to install drainage culverts below Highway 88 and construction of one lane across Ashland Park, just north of Toler Lane in Gardnerville.

The agreement would “establish a maximum of 2,500 dwelling units which owner is entitled to develop within the property and to preclude the county from rescinding the property’s receiving area land use designation for at least 30 years.”

Under the agreement, receiving area on land in Topaz Ranch Estates, that the Parks most recently proposed to transfer density from to the Klauber Ranch would be eliminated.

The Parks contend that two agreements from 2004 and 2007 which granted the county the right-of-way to build Muller Parkway have expired.

On Monday commissioners are expected to introduce the ordinance that would establish the new agreement. That agreement would require the county to build two lanes of Muller Parkway within six years. The road is estimated to cost $12.4 million. Public comment won’t be taken during the ordinance introduction.

On June 6, Park Holdings representative Mark Forsberg said the county should return the right-of-way to the Parks because it hasn’t built the road.

“These development agreements are essentially a nullity at this time because the county has defaulted on its obligation to build the road,” Forsberg said.

Deputy District Attorney Mary Anne Marin said Forsberg’s argument was legally defensible.

“The question is whether the shot clock of five years or seven years was reset,” she said.

County attorneys have said over the past decade that because the Parks didn’t dedicate the right-of-way, the clock on those development agreements hasn’t started.