Any concerns about flooding or building densities were forgotten as the rezoning of 120 acres in the southeastern corner of Pahrump for a housing and commercial development, breezed through Nye County Commissioners on the second go-round recently.

Ernie Becker V, part of the fifth generation of a family of Las Vegas developers, was turned down on a previous rezoning attempt. This time only Nye County Commissioner Joni Eastley voted against the project, which passed 3-1. Commissioner Roberta "Midge" Carver was absent.

Eastley had concerns over the density of the project between East Thousandaire Boulevard and East Santovito Street a few blocks east of Hafen Ranch Road.

Desert Investments LLC wants 82.2 acres rezoned VR-8, the most dense zone, allowing a minimum 8,000-square-foot lot size and 20 acres in multi-family. Another 20 acres fronting on East Thousandaire Blvd. would be developed into a commercial shopping center, when that street is extended through to Highway 160.

The developer appealed its first rejection to the Nye County Commission, which remanded it back to the RPC for more study. The RPC then voted 4-2 against recommending approval of the project the second time around last Nov. 14.

Wednesday, consultant Dave Richards, from CivilWise Services, presented photos of a November rain on the property to show the area drains well.

Richards said there would be steps taken to mitigate the drainage. He said Desert Investments LLC needs a dense development zone to allow additional space for retention basins.

Richards referred to other developments in that area as evidence of the growth, like the Artesia subdivision farther south and some commercial building on East Thousandaire Boulevard, like K-7 Pizza and a millwright operation. The proposed Focus Property Group development would be a few properties to the east, along Highway 160.

Eastley had questions about whether Becker's project lies within a desert tortoise habitat area. His project would be just east of the boundaries of that proposed valley-wide plan, which was voted down by Nye County commissioners last month.

Williams said in the absence of a county plan, Desert Investments would have to hire consultants to conduct its own environmental impact statement.

"It would depend when the developer broke ground. Is he inside or outside the conservation boundary? As it stands today, he would have to go through the EIS process for the desert tortoise," Williams said.

"If fish and wildlife law enforcement shows up when development starts, we'll know it's a problem," Eastley said. "I would strongly urge someone check with fish and wildlife to see what requirements might be."

Nye County commissioners held a workshop at 8:30 a.m. Tuesday, Jan. 22 at the Bob Ruud Community Center to discuss a short-term habitat conservation plan and a long-term multi-species habitat conservation plan.