MARK WAITE / PVT Antonio Caiati, director of operations for AMI Group, at left, and James Veltman, land planner for Studio VBM LLC, address the Pahrump Regional Planning Commission, concerning plans for the Willow Creek golf course hotel and casino resort. MARK WAITE / PVT Antonio Caiati, director of operations for AMI Group, at left, talks to property owner Aram Maissian, center, and land planner James Veltman, of Studio VBM LLC, at right, after the approval of the conditional use permit outside the Bob Ruud Community Center Wednesday evening. Advertisement

A conditional use permit was approved for the hotel and casino resort at Willow Creek Golf Course by a 6-1 vote of the Pahrump Regional Planning Commissioners Wednesday, after a heated discussion including accusations the developers failed to fulfill their promises.

Pahrump Town Board member Laurayne Murray cast the sole dissenting vote after a contentious public comment period.

James Veltman, land planner for Studio VBM, said the application was "step three in the process of attempting to improve the quality of the Willow Creek Golf Course, and it is an attempt to bring to Willow Creek a destination resort golf course complex."

The plans were changed to allow the existing clubhouse to stay in operation while the new resort is constructed, he said. Plans call for a 33,580-square-foot, three-story hotel, a new 19,950-square-foot clubhouse and a 19,800-square-foot casino.

Nye County Planning Director Jack Lohman said he didn't yet have a copy of the deed restriction mandating the property remain a golf course another 30 years, until the year 2043.

County commissioners approved the rezoning of the nine-acre clubhouse site to commercial Feb. 20 -- providing that deed restriction was extended.

Lohman said the company proposed some language that was unacceptable that suggested the deed restriction would remain in effect "as long as it was economically viable."

Lohman said a development agreement isn't necessary for the project. A conditional use permit should cover it.

"The county's position would be that the golf course and the casino are a package deal and one can't be sold without the other," said RPC Chairman Mark Kimball.

Antonio Caiati, director of operations for AMI, the course managers, agreed the casino and golf course would be one package and added, "We're all in agreement on 2043."

Joe McKendrick, a resident on Star Road who lives next to the clubhouse, charged Willow Creek Holdings has properties on the delinquent tax list. The May 21 list in the Pahrump Valley Times lists the company delinquent on paying taxes on six parcels.

Caiati said those were broken off from the golf course on parcel maps approved earlier this year. He said the taxes were subsequently paid.

Also, McKendrick said a notice of the sale of the property was filed June 5, for default on a $6.5 million loan, for which the property was used as collateral.

Caiaiti conceded, saying, "He's absolutely right about that notice of default ... Our lender went out of business, could not promise us the other $5.5 million in January because of what the market has done."

Neighbor Don Luttrell said if the owner doesn't cure the default, the lender will take control and operate the course.

"This would save the golf course from further abuse in the hands of the present operators. This would be a good thing," Luttrell said.

But Joyce Call, a resident living by the golf course, said, "They've done wonders with that golf course just in the last three or four months. They restored it and it's in great shape."

Luttrell said the Nevada Gaming Control Board has yet to receive a license application for the casino but would scrutinize it carefully. He urged commissioners to delay approving the conditional use permit until then.

"I am sure you have already made your decision on the conditional use permit. Like the (county commission) meeting on this matter, it was obvious their decision was already made behind closed doors," Luttrell said.

He told the RPC, "If you had done one-tenth the investigation of Willow Creek Holdings that Mr. McKendricks and myself have done, you would not issue them a temporary permit to chew gum."

But Kimball told the two objectors the same arguments were made previously during the rezoning.

"This was gone over very carefully in public here and before the board of county commissioners and there was an overwhelming approval," Kimball said.

Luttrell said many of those supporters were residents surrounding Lakeview golf course, who thought Willow Creek Holdings would acquire that property as well. McKendrick said that purchase has been rescinded.

"We had every intention to buy Lakeview. We wanted it as an overflow facility," Caiati said. "Our funding didn't come through. Anybody try to get a home loan or a business loan in this market? So we were forced to pull out our $30,000 in earnest money to make payroll."

Besides a place to send golfers when Willow Creek is full, Lakeview would be another place to use the effluent from Utilities Inc., particularly when the company expands its treatment capacity from 750,000 gallons to 1.5 million gallons, Caiati said.

Lohman told Kimball the purchase of Lakeview wasn't a condition of approving the rezoning of the Willow Creek clubhouse property.

The RPC prefers not to get involved in contractual deals between two different parties.

"It was certainly in the spirit of the discussion and it was certainly an understanding," Kimball said.

Everett Greenwood said he attended meetings on two occasions at Willow Creek Golf Course where the owners said they intended to buy Lakeview.

The company still has it in the financial feasibility plan to buy the Lakeview course, Caiati said.

Nye County Attorney Ron Kent downplayed McKendrick's complaints that IGI Group, the applicant for the permit, didn't file for a fictitious name with the Nye County clerk's office. Kent said that state statute and county code pertains to retail businesses.

"The personal attacks on the corporation, that's fine. We're prepared to legally back everything up," Caiati said. "Nobody's trying to pull the wool over anybody's eyes. We're just trying to build our project so we don't go broke and nobody loses their home."

Dan Simmons, a resident on Willow Creek course, urged the RPC to approve the project to protect the home values of the neighborhood and their way of life.

"There is a real danger before all of us and that is without some additional funding coming into the golf course we're going to end up with just weeds," Simmons said. "There are not enough golfers there to support the golf course."