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Commission approves division into four large parcels with open‑space rezoning condition
Summary
WR Real Estate LLC received approval to divide a larger parcel into four nominal ~40‑acre parcels, provided the parcels are rezoned to open space (removing M1 industrial zoning) prior to the divisional map being recorded; staff conditions on fencing, road and building permit timing were included.
The Planning Commission approved WR Real Estate LLC's final map to divide a parent parcel into four nominal 40‑acre parcels and a remainder, adding a condition that any existing M1 industrial zoning be removed from those four parcels and that they be zoned open space before recordation.
Staff explained that although the four parcels are slightly under 40 acres, they meet the statutory test as a division of an adequate part of the section and recommended approval with conditions that include compliance with Nevada Revised Statutes and Elko County code, perimeter livestock fencing per NRS 569.431, adherence to county road construction standards before building permits are issued, and strict phase completion dates for any phased fence construction (staff member). Paul Boteri (applicant representative) said the parcels front Chimney Creek Road and that there is local demand for 40‑acre parcels for homes.
Multiple neighbors and Spring Creek Association representatives spoke during public comment raising long‑standing concerns tied to an adjacent gravel pit and prior 1993 conditional use permit stipulations. Resident Belinda Winter said required mitigation from the earlier permit—tree plantings, dust control and bond work—had not been completed and warned that subdividing could permit industrial reactivation. She urged caution and asked the commission to require an open‑space zoning condition for the four parcels (Belinda Winter).
Commissioners discussed the zoning history and the potential for industrial reuse. Staff recommended a condition requiring the four parcels be rezoned to open space prior to the divisional map's recordation so the parcels cannot be sold with M1 industrial zoning. The applicant indicated no objection to that condition. The commission approved the final map with that explicit condition by voice vote.
The approval carries the listed development conditions and defers detailed technical reviews (traffic study, septic and water approvals) to later stages where tentative maps or development plans must be submitted and reviewed by county and state agencies.
