Commissioners Uphold Permit for Horse Arena

By: Tim Schmidt
Posted 3/6/09

The unanimous decision upheld an earlier decision by the county planning and zoning board allowing a Warrenton family to operate the facility. The commissioners' decision also supported restrictions …

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Commissioners Uphold Permit for Horse Arena

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The unanimous decision upheld an earlier decision by the county planning and zoning board allowing a Warrenton family to operate the facility. The commissioners' decision also supported restrictions on the hours of operation and the number of events the Melton Family Rodeo can host each month. Other guidelines imposed by commissioners prohibit alcohol on the property, rough stock events and limitations on the amount of noise coming from the property owned by Mike and Maureen Melton, of Warrenton. The proposed horse arena is located on Pin Oak Road, just off Highway A, northwest of Warrenton. The Meltons and neighboring property owners who opposed the facility addressed commissioners during a nearly six-hour long public hearing held Monday, June 1, at the University of Missouri Extension office. "There was a lot of misunderstanding on what they (the Meltons) want to do," said Chris Graville, lawyer for the Meltons. "The commissioners have given them an opportunity to show the neighbors what they want to do. We will see in a year. Obviously they wanted more, but that is an issue to work out between them and the neighbors." However, opponents of the facility said they are not giving up their fight. After Monday's hearing, Jim Grassmuck, who lives less than a mile from the Meltons' property, indicated the neighboring landowners would seek relief from the court system and file a civil lawsuit. The adjacent landowners, who were represented by Warrenton attorney Tim Joyce, argued the horse arena is a public nuisance and shouldn't be allowed in a 100-year floodplain. "We are very disappointed the commissioners did not view us as a community," Grassmuck said. "They kept on talking about the benefit to the community. Obviously the residents are not part of the community. The overwhelming majority of the residents are opposed to it and they ruled against us." A two-year conditional use permit was approved by the planning and zoning board in April. The neighboring landowners filed a notice of protest with the county commission April 27 which included the signatures of 15 property owners who live within a mile of the Meltons' property. The Meltons then filed an appeal of their own April 30 disputing the landowners' statement of diminished property values if the horse arena was allowed. "I'm not trying to be unneighborly," Mike Melton said. "I want to be able to do what I feel like is a right (on my own land)." When questioned by adjacent property owners on who would be enforcing the guidelines, the commissioners said it was up to the nearby landowners to notice any permit violations. Engelage emphasized the horse arena would be shut down if guidelines are not followed. "If they don't (obey permit sanctions), we will pull it," Engelage remarked. "I think we are adamant about that. They have to show good faith to the neighbors and they have to be a good neighbor." Afterward, Mike Melton said he was not satisfied with the criteria established by the commissioners since he was hoping to see his hours of operation extended. He proposed having an extra hour added to the weekend events. He was concerned about not having enough time to complete events throughout the day. "We got less than what we got originally at planning and zoning and I wasn't happy with those," Melton remarked. Commissioners asked the Meltons if other local or area venues had been considered, such as the Warren County Fairgrounds, Innsbrook or New Florence, for their horse events. However, supporters of the facility said the fairgrounds arenas were too small and the grounds were unsafe for their events. The two facilities at the fairgrounds are 190 by 117 feet and 415 by 85 feet, according to Joyce. The Meltons say their arena measures 270 by 160 feet. Neighbors also repeatedly questioned if Pin Oak Road could handle the higher volume of traffic and why the Meltons were allowed to hold shows despite not meeting planning and zoning guidelines. However, Graville countered that it was not unusual for applicants to not follow planning and zoning rules. The Meltons built and held at least one event before they were aware a conditional use permit was needed to operate. It was brought to their attention by county officials when they applied for a building permit for an announcers stand located at the arena. Excluding lights, the Meltons estimate they have spent $75,000 on constructing the arena. The facility is located on 93 acres the Meltons bought in March 2008. The Meltons have lived in Warren County for 10 years. Since applying for the conditional use permit, the Meltons have stated they built their facility to provide a horse arena close to home. They said they routinely travel out of the area for other horse events with Cape Giradeau being one of the closest venues. Supporters also believe the county could benefit from visitors coming from up to 200 miles away. Entry fees will be paid by participants, but there will be no admission charge, Mike Melton said. He estimates half of the participants are under the age of 18 and expected to have around 50 attendees at an event.


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