The Fremont County Board of Commissioners voted April 22nd to rescind a zoning decision made last December on a 143 acre tract of property at Highway 50 and 'R' Street at Penrose. The decision followed a three hour public hearing in which neighbors who organized the East Fremont Alliance alleged that property owner Ron Walker misrepresented the facts in his zone change application last fall.
The Board of Commissioners approved a zone change for Walker's property on December 9, 2008, from Ag Suburban and Ag Rural zoning to Agricultural Forestry. Within days after the zone change Walker sold his property to Holcim Inc. and in early January Holcim erected 'No Trespassing' signs around the property that read 'Future Quarry Site'. The Alliance contended that Walker had no intent to preserve the property for open space and agricultural uses but simply wanted to secure the zone change so he could sell the property to Holcim.
The Alliance also offered evidence that Walker arranged for exploration drilling on the property to help determine the presence and value of limestone deposits on the property. Because of the alleged misrepresentations the neighbors petitioned the Commissioners to rescind the December 9th zone change.
Walker told the board that he did not misrepresent the facts and that for the foreseeable future the property will continue to be used for agricultural purposes. Walker said he will continue to lease the property from Holcim for ag purposes.
Holcim General Manager Jason Morin also argued against any need to reverse the zone change. Morin said Holcim owns a number of properties that they lease for agricultural purposes which is what they intend to do with the land they purchased from Walker. Morin said Holcim had an option agreement with Walker to purchase the land but the sale was not contingent on the zone change. Morin said the signs went up because Holcim felt the Top Rail Ranch developer was negligent in not notifying residents and potential buyers of who their neighbors were.
In the end the Commissioners voted unanimously to rescind the December 9th zone change as Commissioner Ed Norden said he regretted that the entire issue boiled down to truths and untruths. Commissioner Mike Stiehl said he was convinced that the intent of Mr. Walker was deceptive. District 2 Commissioner Larry Lasha said that despite the board's decision he considers Holcim to be a community minded corporation. The Commissioners' zoning reversal found that Walker did not reveal the true intent behind his desire for the zone change and did not respond factually to a direct question at the Planning Commission as to whether there was any available use under the Ag Forestry zone district that might be pursued.
The Commissioners tabled until their May 12th regular meeting the adoption of a comprehensive list of 'findings of fact' to support the zoning reversal.
The Board of Commissioners approved a zone change for Walker's property on December 9, 2008, from Ag Suburban and Ag Rural zoning to Agricultural Forestry. Within days after the zone change Walker sold his property to Holcim Inc. and in early January Holcim erected 'No Trespassing' signs around the property that read 'Future Quarry Site'. The Alliance contended that Walker had no intent to preserve the property for open space and agricultural uses but simply wanted to secure the zone change so he could sell the property to Holcim.
The Alliance also offered evidence that Walker arranged for exploration drilling on the property to help determine the presence and value of limestone deposits on the property. Because of the alleged misrepresentations the neighbors petitioned the Commissioners to rescind the December 9th zone change.
Walker told the board that he did not misrepresent the facts and that for the foreseeable future the property will continue to be used for agricultural purposes. Walker said he will continue to lease the property from Holcim for ag purposes.
Holcim General Manager Jason Morin also argued against any need to reverse the zone change. Morin said Holcim owns a number of properties that they lease for agricultural purposes which is what they intend to do with the land they purchased from Walker. Morin said Holcim had an option agreement with Walker to purchase the land but the sale was not contingent on the zone change. Morin said the signs went up because Holcim felt the Top Rail Ranch developer was negligent in not notifying residents and potential buyers of who their neighbors were.
In the end the Commissioners voted unanimously to rescind the December 9th zone change as Commissioner Ed Norden said he regretted that the entire issue boiled down to truths and untruths. Commissioner Mike Stiehl said he was convinced that the intent of Mr. Walker was deceptive. District 2 Commissioner Larry Lasha said that despite the board's decision he considers Holcim to be a community minded corporation. The Commissioners' zoning reversal found that Walker did not reveal the true intent behind his desire for the zone change and did not respond factually to a direct question at the Planning Commission as to whether there was any available use under the Ag Forestry zone district that might be pursued.
The Commissioners tabled until their May 12th regular meeting the adoption of a comprehensive list of 'findings of fact' to support the zoning reversal.