Saturday, July 26, 2008

County P&Z recommends denial of rodeo arena zone change

Julia M. Dendinger News-Bulletin Staff Writer; jdendinger@news-bulletin.com

A proposed rodeo and events arena in Meadow Lake seems to have gotten off on the wrong foot with some of its neighbors.

Since May, Amador and Guillermo Rosales have hosted four practices at their five-acre lot in the residential community, something that some neighbors are not happy about, although others say they welcome having something to do in the neighborhood.

The Rosaleses came before the Valencia County Planning and Zoning Commission Wednesday evening asking that the acreage's zoning be changed from residential to commercial to have different events such as rodeo, roping, horse riding, family celebrations and family diversions. According to their application, the present use is a roping arena under construction.

The commission ultimately voted 5-0 to recommend denial of the zone change.

According to the agenda request form, the request for a zone change was submitted to the planning department for review on June 27. In a written report, the sheriff's department expressed concern about the increased traffic, and the code enforcement department had serious concerns about dust control, the impact of noise on the surrounding neighbors and the lack of clarification of the scope of the request.

The report form went on to say that, according to the code enforcement department, a number of complaints have already been made by surrounding residents regarding noise and off-street parking that have resulted from the proposed use.

On July 2, Hoss Foster, the chief code enforcement officer, and county regional planner James Aranda visited the site and met with the applicants, who assured them no large-scale roping or events were being held on the site.

However, on July 7, more complaints were received by both the county planning office and the code enforcement department. In the background information provided by the planning department, "according to the complainants, extremely loud music could be heard over three blocks away and witnesses saw the applicants collecting money as attendees entered the premises."

One July 8, the county hand-delivered a notice and order to cease all activities associated with the zone change request until the application has been approved by the county commission.

Planning and Zoning Chairman Steve Otero asked Wednesday if the facility was already built. Amador Rosales said it was not completely finished. "We had practices to see what else we needed to build," he said.

"Have you had rodeos in the past?" Otero asked.

Rosales said again they had practices to know what they needed to build. "I had heard people were complaining about the music. We can work that out; it doesn't have to be that loud," he said.

Commissioner Jim Lane asked if Rosales had hosted any events since he started building the facility.

Rosales specified again only practices were held.

"Do you usually hire security and take money for practices?" Lane asked. Rosales said they had so many people at the first practice they brought in security for safety reasons.

Lane asked how many practices had been held, and Rosales said four. He estimated that about 60 to 70 people attended the first practice, with numbers growing to more than 100 people at the second.

Rosales went on to say that the third practice had about the same attendance numbers, and by the fourth one on July 5, there were about the same number of people present as the first practice.

Timothy Brady, a security company owner from Rio Rancho, spoke in favor of the zone change. "From the four events we were there for, it was a calm, nice crowd," he said. "There were no security issues. I was very impressed."

Lane asked Brady if he provided two security personnel, one at the gate and one roaming the grounds. Brady said that was accurate.

"Are you the person who collected the money?" Lane asked. Brady responded that he "never collected a dime."

Lane asked if the security guard at the gate was the one collecting the money. "I haven't seen anything like that," Brady answered.

Under further questioning by Lane, Rosales said he purchased the property approximately two years ago with the intention of building the arena. He said he began the practices about two months ago.

Aranda asked Rosales why he was drawn to this piece of property. "What made you think that would be a good area for a rodeo arena?" he asked.

Rosales said the first reason was the size. "It is in a neighborhood, but they are not as close as the neighbors in other places," he said.

Commissioner Joe Cordova asked what kind of attendance Rosales was expecting at events he hosted, if the zone change was approved.

Rosales said that, when the facility is done, he expected 200 to 300 people. "If I have that many people, I will provide the needed restrooms, two entrances for emergencies," he said. "For me, it's safety first."

Otero expressed concern that, to get to the property, unpaved roads such as High Mesa and High Deal would have to be utilized. "At your largest practice, you had 100 horse trailers there?" he asked. Rosales said that the 100 people included participants and spectators alike.

"But there were 100 vehicles there?" Otero asked. Rosales said that "could be" the case.

Lane asked about the water source for the property. Rosales said he gets water from a well on an adjacent property. There are two lots directly east of the arena, each with a home on it. They are rental properties belonging to Mack and Noel Lawson, and according to Noel Lawson, the two residential properties already share the well.

Otero said he had concerns about the dirt roads. "That amount of traffic in front of houses will stir up more dust unless you wet the roads all the way from Meadow Lake Road," he said.

Rosales said if he is allowed to go ahead with the project, he plans to get a truck to water the roads. "It's not a big problem. That's simple to me," he said.

The proponents

The Lawsons, who live east of the property approximately a quarter mile away on Bella Vista Drive, said they were in favor of the arena. Mack Lawson, who has attended some of the practices, said everyone in the neighborhood looks forward to it.

Lane asked Lawson if he had to pay to enter the arena and if he could hear the music. Lawson said he did not pay. "I can't hear the music from inside the house but if I go outside towards the back of my property, I can barely hear it," he said.

Noel Lawson said that she had no complaints at all from her renters right next to the arena. "There isn't a lot to do in Meadow Lake. There are a lot of young adults who would like to get out and do a little roping and riding," she said. "He is willing to work with people to make his dream come true. He wants everyone to be happy."

Gabriel Garcia, who lives on the corner of High Deal Drive and Sara Lane directly south of the property, said he had been to one of the practices. "The other times I have been out in my yard working, and it sounded like they were having a good time," he said.

Cordova asked if lights at night would bother Garcia. He responded that they would not. "In that neighborhood, it would be nice to have some lights at night," he said.

In response to Lane's questions, Garcia said he did not pay to get in, did not see cars parked on the street and testified that the music stopped around 6:30 p.m. Lane also asked if the owners decided to have events every night, would he still be in favor of the facility. Garcia responded, "Probably."

The opposition

Meadow Lake resident Torres Leyba said he spoke on behalf of himself and other concerned neighbors and property owners in the community. He said he lives five-and-a-half to six miles from the property

"I ask that the request be denied pending a full and complete review," he said.

Cordova asked if Leyba would be affected by the dust, smell or traffic associated with the arena. "Does this impact you in any way?" he asked.

"Absolutely," Leyba responded. "It establishes a dangerous precedent. Something like this has the possibility of going anywhere in my community. My neighbor lives on three acres. Any zoning approval influences myself, my neighbors and my community."

As a point of clarification, Aranda said that the property was currently zoned residential and, under the permitted uses, the first thing is farm use subject to limitations. "The structures can be there and designated as farm use," he said. "When the ordinance was written, it purposefully incorporated agriculture uses. But if you have 200 to 300 people and are charging at the door, that we can discuss."

Bob Gostischa, who lives on Manzano View about five miles away from the property, said he was "wholly, wholeheartedly in favor of new businesses in Meadow Lake. Without businesses, we will never be a viable part of Valencia County. I also feel that they must be started on the right foot and fit the area.

"This is to be a roping arena, an event arena. I've been around a while, and I remember what happened to a little event arena named Woodstock."

At that time, Commissioner Preston Roberts pointed out that under Roberts Rules of Order, the commission chair could call for a vote and suggested doing so. "We know there are 23 people who want to speak against this," he said. "You have the prerogative to call for a vote."

Otero declined to call for the vote, but did say that the commission had already heard and was aware of the concerns about the roads, the dust and the traffic. "So if we could get new information, please, that would help speed things along," he said.

Sandra and Robert Knapp live on Dirt Road and said their house is approximately 100 yards west of the arena. "I speak for myself and for neighbors who couldn't be here," Sandra Knapp said. "When we come home at night, we want to relax and unwind. What happens when they kick up the music, turn on the lights and go at it at 10 or 11 at night? It doesn't belong here."

Robert Knapp added that the noise on July 5 was terrible, saying he knew of people as far south as Turner could hear the music.

Sandra Knapp said the couple had their television up as loud as it could go and were unable to hear it.

Lane asked if they went to speak to the property owners about the noise. Sandra Knapp said she did go over to the property and spoke to a woman who only identified herself as Rose. "She said she would try to turn it down but said a DJ was starting at 6 p.m. and he went until 9:30 p.m.," she said.

Sandra Knapp also said she saw money in the hands of people on July 5. "They were practicing maybe, but they were taking money," she said.

After the testimony of those opposed to the zone change, Rosales told the planning and zoning commission to let him know what he needed to do.

"I believe you have the right as a property owner to have get-togethers," Lane said. "This facility is very professionally built, but that doesn't change the fact that you are putting a large event venue into a residential area."

Lane reminded the commissioners and the audience that, if the zone was changed to C-2, it would stay as C-2 and be permissible for all commercial uses such as a gas station, lumber yard, feed store, bar, driving range, adult entertainment or a go-cart track.

"If we approve this, we are out of it," he said. "They can put in anything that conforms to a C-2 use. I applaud your efforts to do something in Meadow Lake, but this is not a good area. Even if only one neighbor is affected, they have property rights to be protected, just as yours should be."

Lane made the motion to recommend denial of the zone change and the commissioners voted 5-0 in favor of that motion. The matter will now go forward to a public hearing before the county commission on Aug. 13.

E-mail this story Printer-friendly version