TONOPAH -- Mark White, a Kansas City-based attorney who specializes in planning agreements, compared the progress on Nye County's development agreement with PV Land Investments for the Gateway master-planned community to a football game.

Focus Property Group developers kept getting closer to scoring a touchdown in getting their development agreement approved for up to 5,800 housing units after hours of negotiating with Nye County Commissioners. But White admitted later, "You get a lot of bruises along the way."

White said county commissioners allowed themselves six months to consider the complicated development agreement when they approved rezoning the 900-acre site near Manse Road and Highway 160 in late July. He urged commissioners to use their gut instincts in considering the plan.

He said the key question was: "Are the benefits you're getting from this agreement enough to outweigh the community's concerns over the intensity of the development? You're reducing your lot size from the most intense development. That doesn't make it a bad development."

Commissioners scheduled another public hearing for 1:30 p.m., Sept. 19, at the Pahrump Community Center. White will be back to take part in the discussion.

Mark Fiorentino, senior vice-president of government affairs for the Focus Group, a bit exhausted after a marathon day-and-a-half negotiating session, wanted commissioners to agree to get the process done before continuing the negotiations.

Focus Group, however, will have one major defensive tackle to evade: Commissioner Patricia Cox, the most strident opponent of the agreement. Fellow Commissioner Joni Eastley was ready to let Cox meet individually with the Focus Group and the attorneys, to present her litany of questions. But Cox wanted the whole commission to hear her concerns.

Commissioner Candice Trummell repeatedly asked the commission to decide on the key issue: whether Focus Group will be permitted to have a smaller 4,000-square-foot lot size in the master-planned community, before continuing with the discussion.

"If there are two other commissioners or more who say absolutely not, under any circumstances, is 4,000-square-foot lots acceptable, why belabor the other issues?" she asked.

Fiorentino may have made an end run, bypassing some opposition to the smaller lot sizes, with a presentation on their proposed density.

He said Focus Group already could build 5,400 housing units in their 900-acre Gateway development, under the minimum 7,000-square-foot lot size permitted in the mixed-use zone, the county's most lenient. He said it's critical to the group's plans to get permission to build an additional 400 housing units.

Fiorentino said the design guidelines specify six housing units per acre, which wouldn't allow unlimited 4,000-square-foot lots. "It just gives us the ability to mix some 4,000-square-foot lots, along with some eights and 10s," he told commissioners.

But Fiorentino couldn't give Eastley an answer when she asked how many 4,000-square-foot lots would be built.

"As far as I'm concerned, even one is too many, and that's what I'm hearing from the people in Pahrump, that they don't want any 4,000-square-foot lots," she said.

Fiorentino said Focus Group won't know the answer until they begin planning the subdivisions. He said there would be "a pod" of lots ranging from 4,000 to 10,000 square feet.

But having the flexibility to have 4,000-square-foot lots gives Focus Group a faster market to sell lots to home builders, he said.

"I can't show you today what the actual mix will be. But I can say the vast majority won't be 4,000-square-foot lots," Fiorentino said. "I can tell you the percentage of 4,000-square-foot lots has to be small because we can't exceed six units per acre."

Eastley began searching for legal justifications for granting the smaller lot sizes, like waivers or exemptions to the zoning ordinance. Interim County manager Ron Williams said waivers are normally allowed only for people who may suffer a hardship from a zoning decision.

White, an attorney with 19 years of planning experience, said planned unit developments allow alternative standards.

"Your planned unit ordinance has a minimum 8,000-square-foot lot size. Most communities don't have that because it sets a rigid standard," White said.

White said commissioners are spinning their wheels if they can't resolve the minimum lot size, which would affect the whole mitigation package offered by Focus Group.

"The question before you is: What I'm giving you, is it worth the additional 400 units?" Fiorentino asked.

Commissioners and the Focus Group embarked on an extraordinary bargaining session over concessions, in exchange for allowing the smaller lot sizes, with no guarantee the negotiations will result in a successful scoring drive.

Fiorentino said the public will be able to use the swimming pool, tennis courts, soccer field, barbecue pavilion and other recreational facilities. Town Manager Dave Richards objected to a new provision requiring the town to submit drawings for a fire station by Jan. 31, 2007. The provision was stricken.

When Focus Group offered to pay $1.03 million for a new fire station, it was asked to also supply equipment. Fiorentino offered to also donate $250,000 to the fire department 90 days after completing the fire station.

Nye County Public Works Director Samson Yao wanted $1 million in up-front fees for traffic improvements to Thousandaire Boulevard, Manse Road, Homestead Road and Hafen Ranch Road. Fiorentino called that excessive. Yao later agreed to settle for $500,000. Near the end of the second day, Fiorentino offered to give public works $250,000 within 90 days of final map approval and $250,000 before completing the 500th building permit.

Cox pushed for four squad cars in addition to the $135,000 worth of improvements Fiorentino said were requested by Sheriff Tony DeMeo. "We are open minded to increasing that fee," Fiorentino said.

Focus Group agreed to begin putting in the Highway 160 improvements at Manse Road before issuance of the 250th building permit instead of the 1,000th permit. The plans calls for expanding the two-lane stretch of highway to four lanes over that segment.

White warned commissioners the county would assume maintenance of storm drainage improvements built by Focus after 10 years, for which there is no funding unless a general improvement district is created.

Focus Group will agree to defend the agreement in court. Nye County would agree not to permit other developers from building lot sizes less than allowed by the county code, wording designed to prevent a precedent being set.

Greg Hafen said his family has come to agreements over the alignment of Manse Road and Highway 160. But Tim Hafen said his family intervened on the Focus Group's application before the Public Utilities Commission to annex the area into their utility service plan on the grounds that the water wells sunk for the Gateway Project would affect their existing wells.

Fiorentino said the state engineer will have to rule Focus Group isn't negatively affecting someone else's water. "If he doesn't resolve that in our favor we don't have development here."

Fiorentino sought to refute public comments the project would disturb the rural lifestyle of Pahrump. He said the company chose that location because there are no existing residential neighbors.

"It's very simple. You don't buy a house here. You just keep on going," he said.

If the development agreement isn't approved, Fiorentino said his company could break up the 900 acres into 80-acre parcels and just provide the open space requirements mandated under county code.

White advised commissioners they shouldn't approve the agreement unless they're comfortable with it. The county would have to live with the agreement for 10 years.