(The following statement was prepared by the Board of Commissioners in response to a written appeal from the East Fremont Alliance requesting that the board reverse the zone change approved in December for the Ron Walker Ranch at Highway 50 & 'R' Street in Penrose):
March 20, 2009
The Board of Commissioners has been petitioned by members of the East Fremont Alliance (EFA) of Penrose and the Commissioners have received numerous phone calls, visits, and letters from individuals in the area of Top Rail Ranch Estates demanding immediate action to reverse the zone change approval of December 9, 2008, for the Ron Walker Ranch. Residents argue that the Board relied on fraudulent statements and claims made by Mr. Walker in his written application that was reviewed by Planning and Zoning staff, the Fremont County Planning Commission, and the Board of Commissioners.
This letter is intended to advise all parties of the status of these complaints and the county's response.
When the issue was first addressed to the Commissioners, residents were told that in order to initiate board action it would be necessary to address the concerns and allegations in writing. That was done so in the EFA letter of March 7th which was hand delivered to the board on March 9th.
The Commissioners directed the Planning and Zoning Department to assemble all materials needed for legal review by the Commissioners and alternate legal counsel John Havens. It was also determined that the Planning and Zoning Department would handle all future communications to make sure documents went to a centralized location.
Planning Department and Board records indicate the following in regards to the December 9th zone change hearing:
Adjacent property owners were notified and the signage was properly placed on the property, notifying interested parties 14 days in advance of the Public Hearing. Notice of the Public Hearing was also as required by law.
No person appeared at or addressed the Commissioners during the Public Hearing on the Walker zone change. The Planning Commission minutes also indicated there had been no opposition during that meeting. Based on Planning Department review of the application, the Planning Commission's unanimous recommendation for approval on November 5, 2008, and testimony during the Public Hearing before the Board of Commissioners, the Commissioners granted the zone change.
The Board believes that these questions were presented in a timely fashion, that the questions have merit, and that there is reasonable justification for us to review the statements made by the applicant on the application form, during testimony before our Planning Commission and during the Public Hearing before the Board of County Commissioners.
Following further review and consultation with Mr. Havens the Board of Commissioners has placed an item on the agenda at the March 24th regular meeting to set this matter for another hearing on April 28th. (the hearing now officially set for 1 p.m. April 22) This would allow time for the hearing to be advertised and publicly posted in accordance with regulations.
At the hearing the Board will consider the allegations and it will be the responsibility of the challengers to support their claim and offer documentation that there were misrepresentations contained in the application or during testimony, as well as introduce new evidence. The applicant will be allowed to refute any allegations made during the hearing, as well as introduce additional evidence.
It is anticipated that at the conclusion of the special hearing the Board of Commissioners will determine whether its December 9, 2008, zone change approval should be rescinded.
Because several people have raised questions regarding other nearby property owned by Holcim Inc. to the east of Top Rail Ranch Estates, it must be clarified that the zone change in question dealt only with the Ron Walker Ranch. That is the only property for which discussion will be allowed at a reconsideration hearing.
Written comments on this matter for the public hearing should be directed to the attention of the Fremont County Planning and Zoning Department. All of these materials are shared with the Board of Commissioners. Previously written comments will be included as part of the hearing's public record.
The Board of Commissioners has been petitioned by members of the East Fremont Alliance (EFA) of Penrose and the Commissioners have received numerous phone calls, visits, and letters from individuals in the area of Top Rail Ranch Estates demanding immediate action to reverse the zone change approval of December 9, 2008, for the Ron Walker Ranch. Residents argue that the Board relied on fraudulent statements and claims made by Mr. Walker in his written application that was reviewed by Planning and Zoning staff, the Fremont County Planning Commission, and the Board of Commissioners.
This letter is intended to advise all parties of the status of these complaints and the county's response.
When the issue was first addressed to the Commissioners, residents were told that in order to initiate board action it would be necessary to address the concerns and allegations in writing. That was done so in the EFA letter of March 7th which was hand delivered to the board on March 9th.
The Commissioners directed the Planning and Zoning Department to assemble all materials needed for legal review by the Commissioners and alternate legal counsel John Havens. It was also determined that the Planning and Zoning Department would handle all future communications to make sure documents went to a centralized location.
Planning Department and Board records indicate the following in regards to the December 9th zone change hearing:
Adjacent property owners were notified and the signage was properly placed on the property, notifying interested parties 14 days in advance of the Public Hearing. Notice of the Public Hearing was also as required by law.
No person appeared at or addressed the Commissioners during the Public Hearing on the Walker zone change. The Planning Commission minutes also indicated there had been no opposition during that meeting. Based on Planning Department review of the application, the Planning Commission's unanimous recommendation for approval on November 5, 2008, and testimony during the Public Hearing before the Board of Commissioners, the Commissioners granted the zone change.
The Board believes that these questions were presented in a timely fashion, that the questions have merit, and that there is reasonable justification for us to review the statements made by the applicant on the application form, during testimony before our Planning Commission and during the Public Hearing before the Board of County Commissioners.
Following further review and consultation with Mr. Havens the Board of Commissioners has placed an item on the agenda at the March 24th regular meeting to set this matter for another hearing on April 28th. (the hearing now officially set for 1 p.m. April 22) This would allow time for the hearing to be advertised and publicly posted in accordance with regulations.
At the hearing the Board will consider the allegations and it will be the responsibility of the challengers to support their claim and offer documentation that there were misrepresentations contained in the application or during testimony, as well as introduce new evidence. The applicant will be allowed to refute any allegations made during the hearing, as well as introduce additional evidence.
It is anticipated that at the conclusion of the special hearing the Board of Commissioners will determine whether its December 9, 2008, zone change approval should be rescinded.
Because several people have raised questions regarding other nearby property owned by Holcim Inc. to the east of Top Rail Ranch Estates, it must be clarified that the zone change in question dealt only with the Ron Walker Ranch. That is the only property for which discussion will be allowed at a reconsideration hearing.
Written comments on this matter for the public hearing should be directed to the attention of the Fremont County Planning and Zoning Department. All of these materials are shared with the Board of Commissioners. Previously written comments will be included as part of the hearing's public record.