MARK WAITE / PVT Liz Barnett, an attorney representing Focus Group, packs up her papers next to a poster expressing the thoughts of many opponents of the proposed development. MARK WAITE / PVT Desert View Regional Medical Center Executive Officer David Rencher, left, speaks in support of the Focus Property Group, in front of a long line of speakers waiting to address Nye County Commissioners Tuesday. At right is former Pahrump town board member Tim Leavitt. Advertisement

Commissioners Gary Hollis, Joni Eastley and Candice Trummell Tuesday voted in favor of the agreement that will allow Focus Property Group to build up to 5,800 homes on 900 acres around Manse Road and Highway 160. Commissioners Patricia Cox and Roberta "Midge" Carver voted against.

By the time of the 3-2 vote about 40 people were left out of the roughly 170 spectators who packed the Pahrump Community Center in the afternoon. But many of the spectators, including many community heavyweights, spoke in favor of the agreement. In a previous public hearing Sept. 6, all but one audience member spoke against it.

Jane Schmidt, an opponent of the development agreement with the Focus Property Group, asked for the resignation of the three Nye County Commissioners who voted in favor of the agreement Tuesday night.

The key arguing points were over the reduction of minimum lot sizes to 4,000 square feet. The smallest allowable lot size under county code is 7,000 square feet in a mixed use zone.

There were also concerns over water and traffic on Highway 160.

Mark Fiorentino, senior vice-president of government affairs for the Focus Group, said his company could build 6,600 housing units on their available land under the existing code, with 7,000-square-foot minimum lot sizes. The agreement allows up to 6,200 homes, but the plan is to build up to 5,800.

Nye County's development attorney Mark White said, "We're making a find the mitigation is adequate for 6,200 units."

Figures by the Focus Group show they will spend $13.2 million building 31 acres of parks, $3 million for 13 acres of trails and $9.5 million to maintain them. A $1 million fire station is in the plans along with fire equipment. The Nye County Sheriff's Office will receive two squad cars in addition to some equipment. Focus will spend $3.9 million to widen part of Highway 160, and the company will also build two traffic signals. The company estimates it will spend $9.9 million to build an elementary school.

Trummell said the company will be spending $32 million on improvements above the $20 million the county would normally have collected in impact fees.

There was no question during the final hearing that those on each side were dedicated to their cause.

"This is not an argument about lot size, this is an argument about preservation of a way of life in Pahrump Valley, and a way to do that is not to allow urban sprawl," said former Nye County Commissioner Henry Neth, of Provenza Realty.

The amount of land in Pahrump outweighs the amount of water rights available, Neth said. A dense development would maximize the efficient use of water.

Pahrump Town Board member Paul Willis led off the public comments to some boos when he apologized to Fiorentino for the abuse his company suffered.

"Some don't want competition in developing and some people just don't want any more growth in Pahrump. I don't really like growth either, but that just isn't going to happen," Willis said.

Tracie Ward, vice-president of the Nye County school board, said Fiorentino and the Focus Group have been very professional in dealing with the trustees. An agreement is still being worked out over building an elementary school, she said.

Pahrump Valley Winery General Manager Bill Loken said, "From what I've been able to ascertain by the quality of the projects Focus does, they would be a huge asset to the community."

Vern Van Winkle, owner of KPVM-TV, said after 10 years in Pahrump, he can finally see economic growth start to come to town and the amenities Pahrump residents currently have to travel over the hill to enjoy.

"With this type of project coming in, it's really the gateway for bringing better types of businesses into the community," Van Winkle said. "This development, I feel, is going to be a very nice, amenity development, just like Mountain Falls was planned to be and is going to be."

Pahrump Regional Planning Commission Chairman Charles Dupre, writing a letter as a private citizen, said master planned communities with integrated design guidelines provide a diversity of housing, in conformance with the Pahrump Valley master plan adopted in 2004.

"Shrinking the minimum lot size will decrease land costs and create more affordable housing," Dupre said. "Permitting high-density residential housing as requested by the applicant in a 1.2-square-mile area will not jeopardize our commitment to preserving larger lots for residential construction in a valley of approximately 369 square miles."

Dave Rencher, chief executive officer for Desert View Regional Medical Center, said without Focus Group's investment in the community the hospital wouldn't be here today.

"It signals a commitment to Pahrump Valley and its citizens," he said.

Rick Walker, chairman of the capital improvements advisory committee, said, "I don't think Pahrump wants to be known as an area of one-acre estates and multi-million-dollar homes. To be that dedicated is going to hurt the valley, and we need a good mix."

But a number of ordinary citizens lined up to protest the agreement.

"Where is he going to get all his water? Everybody on the south side, their wells are going down," said Richard Brown. "I've talked to people whose wells have dropped 30 feet a year."

Brown called for a study of the water situation in Pahrump Valley.

Retired water engineer Charles Raquepau said the U.S. Geological Service would come to Pahrump and do a seismic survey of the water table.

The 1998 Nye County Water Resources Plan talked about water levels dropping one to four feet per year, Raquepau said. Estimates at that time were that it would cost $1 billion to pump water from the north to the Pahrump Valley, he said.

Jim Ball added, "I don't see any study involved with this Focus Group as to where they're going to get the water to maintain the growth."

Harley Kulkin, a former Regional Planning Commission member, compared Focus Group to "the new bully" that has come into town. He said if the county commission turned down a woman for a variance who just wanted to build a knick-knack store on Manse Road, it should hold large developers to the same standards.

"I escaped from Los Angeles in the late '70s and escaped from Las Vegas about six years ago. And you know why I escaped? High-density development is not a nice place to live," Greg Athons said. "Everybody wants out. They can't take it. We don't know about the water problems, but we're going to have about 4,000 cars on the road along Highway 160 to Las Vegas every morning."

Sally Devlin said a development with 5,400 lots would put at least 12,400 people on the highway at least twice a day. "So we're talking enormous traffic on four lanes of road and that's unacceptable. It must be eight lanes."

Norma Jean Opatik, a Pahrump representative for the Greater Las Vegas Board of Realtors, said home buyers aren't coming to Pahrump to buy 4,000-square-foot lots. Opatik spoke of a need for planned communities and businesses like Lowe's or Home Depots, but said Focus Group should live within the existing ordinances.

"Will we end up like Vegas? Probably," she said. But she urged commissioners, "Let's draw a line and say our laws are Pahrump laws."

John McDonald said the taxpayers in Pahrump will be stuck paying for much of the cost of the stormwater project. Fiorentino replied the company won't be getting credits for storm drainage improvements against their traffic impact fees.

Jane Schmidt mocked Trummell's previous remarks that the commission was only hearing from 50 people, not the residents of the town.

"The seats you're sitting on are not thrones, you do not rule those of us sitting down here, you were elected to represent us," Schmidt said. "I understand that at least one of you thinks all of us sitting here are a handful of whiners and we do not represent the majority of citizens in this town."

Bob Swadell said Focus Group's Mountains Edge project is so dense, "You can lean out your window and shake hands with the guy next door. But three-story (homes) on a very small pad like that is an extremely dangerous situation from a fire standpoint."

Patricia Marzoline said the subdivisions on Blue Diamond Road on Highway 160 going into Las Vegas are ugly, a sentiment echoed by Yvonne Smith.

"I came here because I want room to ride my horses," Marzoline said.

Charlie Anzalone said the county paid $2.3 million to Tri-Core Engineering for a master plan study that is now going to be disregarded.

John Brent warned that building 18 apartments per acre would turn the area into a slum which breeds crime.

After the lengthy discussion Eastley, who had been an ardent opponent of the 4,000-square-foot minimum lot sizes, did an about-face and said the reduction in lot sizes may allow for improved community planning.

"We have to decide if the mitigation Focus is offering offsets the mixture of lot sizes," she said.

Trummell said the average density of six housing units per acre would mean each lot would average over 7,000 square feet.

The design work will take the next 18 months at least, Focus Group consultants said. Fiorentino said, "You will not see a home built there for at least two years."

The agreement is for 10 years, when the company estimates it will have reached the maximum build-out.

Cox, the main opponent of the agreement, said, "The whole selling point in Pahrump is not to turn it into Las Vegas, not to stack the houses on top of each other, not to create high density."

Cox said the commissioners would grant variances reducing minimum lot sizes from 7,000 to 4,000 square feet; allow for greater density in multifamily construction; allow a variance on heights of four- to five-story multifamily units; allow six homes per acre instead of four and allow for a decrease in the percentage of commercial area.

Carver said she felt it was a good project for Pahrump but had problems with building heights and fire safety and how well the builders will be tied to the agreement.