Controversial Permit Extended for Horse Arena

By Tim Schmidt
Posted 11/7/19

The Warren County Planning and Zoning Board approved an extension of a conditional use permit for the Melton Family Rodeo last Thursday. In the meantime, neighboring property owners vowed to continue …

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Controversial Permit Extended for Horse Arena

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The Warren County Planning and Zoning Board approved an extension of a conditional use permit for the Melton Family Rodeo last Thursday. In the meantime, neighboring property owners vowed to continue their efforts to shut the facility down. The horse arena, owned by Warrenton residents Mike and Maureen Melton, is located on Pin Oak Road, just off Highway A northwest of Warrenton. The current permit expires May 31. With five members present, the planning and zoning board unanimously approved the two-year extension. The board members who voted in support of the permit were Tracy Brakensiek, Jerri Mech, Rick Brandt, Donald Tomschin and David Heinlein. Two amendments were made to the current permit regulations mandated by the county commission last June. The noise coming from the public address system cannot exceed 60 decibels at the Meltons' property line, an increase from 50 decibels approved a year ago. Also, pole bending was added to the list of events that are allowed, which also include barrel racing and team roping. Other permit restrictions include limiting the hours of operation and the number of events that can be held each month, prohibiting alcohol on the property and not having any accumulation of animal waste. The Meltons requested the sound level be increased to 85 decibels which they said was due to concerns that a vehicle or tractor on the property could easily top that mark. When sound readings were tested at last week's meeting, which was held at the University of Missouri Extension office, the majority of the discussion was establishing the level at 70 decibels. Pole bending was favored, the Meltons said, as a way to attract younger riders. "We're just trying to be fair," Mike Melton said. Opponents to the arena disagreed with the decision to raise the sound level. "I am already hearing it," Carol Copenhaver said. "I can hear it at my front door. I hear their announcing, the (cheers). We moved out here because of the fact it's a rural area. We moved out here for the peace and quiet. We know it won't always be that way, but you expect it to be along the same lines that you moved out for." Elmer Johnson added: "Why should people have to suffer. . ." The neighbors can file a protest within 10 days after the permit is signed by Planning and Zoning Board Chairman Rick Brandt, which is expected this Thursday. The county commission would then hold a public hearing and then determine whether the permit should be upheld. No events could be held while the permit is being appealed, according to commissioners. Last April, the planning and zoning board approved a two-year permit. Two months later, following appeals filed by both parties, the commissioners agreed to allow the arena to operate for one year. A lawsuit, filed by the neighboring property owners in July, is pending against the Meltons and the county. Opponents to the facility argue the horse arena is a public nuisance and say that real estate agents feel their property values will decrease due to its close proximity. They also revisited objections they raised a year ago, including concerns over increased traffic on Pin Oak Road and allowing the horse arena to be in a floodplain. They also say the Meltons had two instances last year where permit guidelines were not followed. One violation was for noise and when a county official showed up a reading was recorded at 52 decibels. The other complaint centered on the porta-potties not being elevated 18 inches from the ground level. Mike Melton, however, said both complaints were corrected soon after being made aware by county officials. "They're just grasping at straws," he remarked. Mech said opponents to the horse arena need to understand that the equine industry is considered an agricultural activity. "You want it the way it was 20 years ago," she said. "It's not going to be that way. I'm sorry. Agriculture activity is covered by the guidelines under a floodplain. I'm sorry, that is federal law." Heinlein, who was not on the planning and zoning board a year ago, wanted to see more factual evidence from the neighbors to support their stance. "We need to base our decision on facts and not emotions," he said. Last week's vote was nearly postponed, but a 10-minute break confirmed that having five of the eight board members present constituted a quorum following concerns that a two-thirds majority was needed. A sixth board member, Dan Simpson, was in attendance earlier, but excused himself when opponents to the horse arena accused him of having a conflict of interest in the case. Simpson exchanged words with Gruber and Johnson prior to leaving. He also attempted to clarify allegations that he had sold horses to Melton or others who attend the events hosted by the Meltons. "I have never, ever, done a dime's worth of business with Mr. and Mrs. Melton," said Simpson, who also acknowledged he was in favor of the permit. "I have never sold them anything like a stirrup or a horse. We've talked, we have a mutual interest in horses. That is the extent of our dealings. We have never exchanged a dollar bill." The Meltons have owned the property since March 2008 and have lived in the county for 10 years. Excluding lights, the couple estimated a year ago they had spent $75,000 on constructing the arena. The facility, they said, provides a facility closer to home and eliminates some travel to other out-of-area venues.


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