Developer Tim Hafen received the go-ahead from Nye County Commissioners Tuesday to rezone property at Turner Boulevard and Hafen Ranch Road for a regional sewer plant.

Forty acres of the 160-acre development would be zoned commercial for the sewer plant, with language inserted by commissioners saying the property is to be used only for utility-related construction. The plant, with a capacity of two million gallons, would have the capability of serving 7,000 to 10,000 residents.

The remaining 120 acres could include up to 540 single-family lots. Homes would be built on lots no smaller than 8,000 square feet.

Attorney Greg Hafen, representing the Hafen family, said they sought to obtain land from the U.S. Bureau of Land Management for the sewer plant. "We ran into some roadblocks and stumbling blocks and it made it appear that proposal would not be possible. This property then came on the market and it made a wonderful substitute to the BLM property," Hafen said.

The sewer plant would be located on the northeast side of the planned 160-acre development, where prevailing winds would carry the odor away from homes, Hafen said. He added it will be close to Hafen Elementary School on Kellogg Road and Hafen Ranch Road, allowing possible, future reuse of effluent on ball fields and recreational areas.

Other conditions of the agreement included development of an equestrian trail around the perimeter of the houses, a block wall on Turner Avenue and Fox Avenue as a buffer and a limit of homes to a single story on those streets.

The development would extend along the east side of Fox Avenue from Turner Boulevard up to Savoy Boulevard. The east side of the development would be equal to Sandy Lane.

Three neighboring residents submitted letters of opposition. They cited their request to live a rural lifestyle.

Charles Spaulding wrote the project would result in an increase in traffic that might endanger elementary school students. Vicky Dornan wrote that many residents in the area have livestock.

None of the protesting neighbors were present at the meeting.

Commissioner Joni Eastley had concerns over approving the special conditions of approval without having them reviewed by the planning department or the Pahrump Regional Planning Commission.

Interim Planning Director Cheryl Beeman said if commissioners feel the conditions are more restrictive and allay neighborhood concerns, "you should find that level of comfort to vote on it." Otherwise, she said it could be remanded back to the RPC for approval.

Vicki Hafen Scott said they would have been happy to bring a development agreement up for approval with the zoning application. She said they were careful not to ask for zoning above and beyond what is in the county code. But she added, "We just hate to come this far down the road and have something new come up."

The Hafens have a deadline to purchase the property by next week or they will have to start over with the purchase contract.

Commissioner Candice Trummell said she rejected advice by the county's legal advisor for planning, Mark White, who suggested development agreements, in the absence of hard zoning, in advocating approval for this project.

Tim Hafen said the permitting and construction of the sewer plant will take about two years.

"We have just expanded the current utility plant so we have excess capacity at this point in time. But as the (housing) units come on line that are annexed into our utility plan we're going to grow beyond our current plant," he said.