Saturday, August 30, 2008

Motorsports complex zoning set back a month

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

Plans for a motorsports complex in eastern Valencia County have once again been put on hold.

For the second time in as many months, Route 66 Community Multiplex Inc. came before the county planning and zoning commission to request a zone change for 326 acres between Meadow Lake and El Cerro Mission.

"Because of the incorrect notice, someone may be here tonight who wasn't here before," said Tony Williams, the attorney representing Route 66. The planning and zoning commission heard the request on July 23 and unanimously recommended the zone change request from Outland District to Commercial with a conditional use.

The matter was supposed to be heard on Aug. 13 at a public hearing before the county commission, but due to an error in the legal description of the property, the county attorney recommended that the matter be sent back to planning and zoning.

Route 66 Community Multiplex Inc. is a non-profit corporation engaged in the promotion of motorsports in the Southwest and predominately in New Mexico. "We have been looking for several years for a location for a facility that would allow for both racing and educational facilities," he said.

The property in question is east of the Manzano Expressway, south of Meadow Lake and north of the Rio del Oro subdivision and the El Cerro Mission area. Currently, the 326 acres is surrounded by unfenced ranch land - the Cordova family ranch, Williams noted.

And it is that ranching operation and the Cordova family's concerns about how a working cattle ranch would interface with the proposed facility that ultimately led the commission to vote unanimously to table the matter until its Sept. 24 meeting.

Cows and fences

Kurt Wihl, the attorney for the Cordova family, said it was his law firm that contacted the county about the incorrect notice. "This property sits in the middle of the Cordova ranch. The land west, south and east is deeded property owned by the Cordovas, and they hold the grazing lease on the state land north of the property," he said.

Wihl said there is also a ranch road that goes through the property where the complex will be built that is used for access by ranch hands, vehicles and moving cattle within the pastureland.

"I understand that Route 66 is seeking a conditional use, and in some ways that makes this simpler, but it might be premature," he said. "The conditions for the facility haven't been worked out with the neighbors."

The attorney went on to say that while proper notice of the August hearing was given, the time given was a bit short to figure out how to address the fencing and traffic and the effect that will have on ranching operations.

"I respectfully request that we need more time to digest this," he said.

Wihl said that, given the opportunity, he felt the Cordova family and Route 66 could come up with some reasonable conditions to incorporate into the planning and zoning commission's recommendation to the county commission.

When asked if the family received the first notice sent out about the July hearing, Wihl said they did.

"In their mind, they could have assumed that it didn't affect them since the legal description seemed to indicate that the property was in the middle of the valley, about 12 miles away. The Cordovas have property in the valley," he said. "They may have thought they were getting the notification because of that property."

Commissioner Preston Roberts asked Wihl what kind of time frame he envisioned to negotiate an agreement with Route 66.

Wihl paused to think. "A month? At this point, I've had this presentation in my possession for an hour and 15 minutes," he said.

Roberts pointed out that the Cordovas know what their concerns are and Route 66 knows what it wants to do to develop the property.

Wihl said the members of the group had made themselves available to his law firm "and that spirit of cooperation bodes well."

Planning and Zoning Commissioner Jim Lane noted that the Cordovas received notice of the August hearing two weeks ago. "Just because you didn't know about it doesn't mean they didn't," he said. "This is a patchwork of property up here, and I hope no one is playing games."

Notification of the zone change request hearing before the planning and zoning commission was sent to the Cordova Ranch in care of Pete D. Cordova.

Commission Chair Steve Otero said it was his strong desire to see the matter mediated between the two parties before it becomes a legal issue.

Williams said it was his understanding from Wihl's law partner that a representative of the Cordova family was at the hearing in July.

"It was then that they became aware that the property in question was not 12 miles away but in the middle of the ranch. I got the call on the day of the hearing before the county commission that there was a problem with the legal description," he said. "Now, from a legal standpoint, I understand the concerns.

"While I didn't make an appointment with the Cordovas' lawyer, we made ourselves available to the firm. Again, right before a hearing, we're hearing from them. We need to sit down and talk. If it is in terms of dealing with the movement of cattle, fences, water, we can deal with that."

Williams went on to say that currently the cattle roam and graze the property. "And that's fine; according to New Mexico law, the property owner is obligated to fence them out," he said. "But this will fundamentally change the operations of the ranch. The area is already a checkerboard, and any filling in and development of the area will affect the ranch. We will meet; we are most willing to meet. It is my strong preference to come back to this board with an agreement."

The motorsports complex, if constructed, would have a perimeter fence for security purposes.

Lane told Williams and Route 66 that what they presented was a "first-class development. I didn't know the situation with the Cordovas. I would really like to see a motorsports development in Valencia County.

"There is a lot of development coming to the East Mesa, but I also want to preserve the lifestyle that this county has given us. I really hope we don't have to pick a side next month. Hopefully, you can come to some kind of agreement."

The project

Williams said the complex would be developed in such a way as to mitigate the issues arising form noise and dust. The property is currently owned by Bonito Land and Livestock Inc. Route 66 has an option on the property that is contingent on this project working with the community and one of those things is the zone change.

"It is our intention to come before the county at every stage for site review as each phase is developed," Williams said. "Bonito has an existing east-west right-of-way for a road leased from the New Mexico State Land Office for 35 years. We have applied for a north-south easement to create the road that will go south to the property." The current lease application for Bonito was approved in 2003.

One of the stipulations on the existing right-of-way is that the roadway, when it is constructed, will be fenced in order to protect both the cattle and motorists.

"To the extent we can make arrangements, we are willing to put in gates so that the cattle can be moved," Williams said. "This is a working ranch, and we want nothing more than to be good neighbors to current and future land owners."

Bill Fiorino, a volunteer spokesperson for the project, said they only want the best for Valencia County. "We don't want to alienate anyone in the community," he said. "This will be a professional facility that will enhance the community."

To demonstrate the public support of such a facility, Fiorino said they had gathered more than 4,000 signatures of support and nearly 100 letters from county businesses and public officials, law enforcement and dignitaries.

"We as a corporation are not going to build the racing facilities. We are here to assist those who are chosen to build facilities at the complex," he said. "Route 66 will create and enforce guidelines for the groups selected."

The management of the multiplex will be a body of people independent of the entities operating the racing venues. The management will be available to address and resolve issues between residents and racing venues.

"The project will not be magically completed at once," Fiorino went on to say. "We're not Donald Trump Inc. We think this is the best approach. It gives us time to work with the community about what is best for both of us."

Another volunteer spokesperson, Darryl Bonnville of Albuquerque, said one of the first goals of Route 66 was to work with the community. "We want to talk to the community about what it wants. We want to talk to the Cordovas about their cattle rights," he said. "We don't want to hurt the community. There are people who are interested in the project and people who are using the land right now."

Williams said Route 66 would expect a conditional use permit to have conditions on it. "We will adhere to the concept presented. Improvement of the roadways are the most important component. We are not going to start operations out there with a two-rut ranch road. Any development is contingent on those roads being improved."

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