No quick end to racetrack debate foreseen

By Steve Huffman

Salisbury Post

SPENCER — Members of the town's Zoning Board of Adjustment will meet next Thursday to continue deliberating the fate of the proposed High Rock Raceway.

Group members decided in Friday's wee hours to meet again at 6 p.m. Thursday to continue discussion.

At stake are requests by the property's owner, Dave Risdon, for a conditional use permit and two variances that are needed for plans for the track to proceed.

This past Thursday's meeting was a marathon, including debate from attorneys representing both sides as well as a lengthy public hearing.

When the public hearing finally ended at midnight, members of the Zoning Board were clearly drained.

"I'm not getting paid for this and I've got to be up in four hours," said Sharon Hovis, one of the board's members.

Board Chairman Jeff Morris, an attorney, said he had legal proceedings beginning at 8 a.m. the following morning.

"I've got incompetency hearings and not for myself, not yet," Morris said, chuckling as he spoke.

Still, board members conceded that there's no indication that a quick end to the matter is at hand. They voted to meet from 6 to 10 p.m. Thursday. If they hadn't decided on the matter by then, they start again at 6 p.m. Friday.

The matters being considered are a conditional use permit to build a racetrack in an area zoned industrial and variances allowing a reduction in buffer requirements and reduction of a front setback requirement.

It's legalese at its finest and attorneys representing both sides had a field day Thursday.

The track is to be built near U.S. 29's intersection with the Yadkin River. It would include a 2.25-mile road course, retail shops and condominiums.

Risdon said the track would attract spectators and racers from across the Southeast and beyond and prove a shot in the arm for Spencer's economy.

"We'll be opening land to bring visitors from across the United States and abroad to Spencer," Risdon said.

He turned to thank the large contingent of spectators who overflowed the meeting room of Spencer's Town Hall. Many of those spectators wore T-shirts reading: "I support High Rock Speedway."

"We've already started to give a boost to the economy of Spencer," Risdon said, motioning toward the crowd.

Included in the items he submitted to support the track was a letter of backing from Kyle Petty, NASCAR driver and son of racing legend Richard Petty.

But Risdon sparred on several occasions with Darrell Fruth, the attorney representing the Trading Ford Historic District Preservation Association, the group that's opposed to the track's construction.

At one point, of Fruth, Risdon said, "He has no arguments of substance. He's left to search for technical faults."

At another point, Fruth and Risdon debated environmental contaminants — benzene, mercury and arsenic — found on the site of the proposed track.

Risdon attempted several times to say that it was the plan of the track owners to remove the chemicals.

But Fruth interrupted and asked only if there were chemicals on the property. "It's a yes or no question," Fruth said.

"I'm not going to answer any questions unless I get to answer the question," Risdon shot back.

Fruth argued that much of what Risdon and his attorney, Bob McIntosh, asked board members to believe was based solely on their word. Fruth noted that the track's owners had conducted no commercial or archaeological studies of the property. They'd done no surveys, he said, to determine how traffic from a racetrack might affect the community.

On a number of occasions, the debate proved tedious.

"I would sort of ask you to move things along," Board Chairman Morris interjected at one point.

Following a break, the debate continued. Fruth noted, "We're not talking about minor technical problems. We're talking about major problems."

Fruth said track owners offered no information on seating or spectator capacity.

"They can't point to evidence," he said. "They just want you to take their word for it."

Anne Brownlee, president of the Trading Ford Historic District Preservation Association, said there was evidence that Native Americans had a camp at the site as much as 10,000 years ago. She said there may have been a Spanish fort on the property in the 16th century and noted that it was the site of one of the last Confederate victories in the Civil War.

Earlier, Risdon had argued that the Civil War confrontation that took place at the site wasn't a battle, but a "skirmish." He said all the fighting took place on the railroad tracks, not on the land where the track will be built.

When Brownlee stepped to the lectern, she turned and lectured Risdon.

She said the Battle of York Hill involved 2,400 troops and lasted more than five hours, with the two sides shelling one another with cannonballs.

"And it all took place on the railroad bridge?" Brownlee asked, snickering.

She said the plan for the site would destroy the historic nature of the land. "You can't come back 20 years from now and say, 'Gosh, I wish we hadn't done that,' " Brownlee said.

But Morris questioned if Brownlee or her organization had any right to designate themselves protectors of the property, noting that she didn't own the land or that around it.

Morris also noted that its industrial designation allowed many different uses for the land, most of which wouldn't have required Risdon to come before the Board seeing a conditional use permit.

Morris asked Brownlee why she didn't protest more than a year ago when the site was designated industrial.

Morris noted that a paint factory could have been built on the property and no one could have stopped the construction as the land is currently designated. "Would that have ruined the property?" Morris asked of a paint factory.

Board member Toby Perdue thumbed through some of the massive amounts of information that Brownlee and Fruth provided, coming to one page that included an out-of-state newspaper article stating that racetracks bring in huge amounts of money through tourism.

Perdue noted that the information that Brownlee was presenting seemed to support the argument that Risdon was making that the track would help the area's economy.

"You didn't read it before you submitted it, did you?" Morris asked of Fruth, prompting a round of laughter from the pro-race audience.

Another board member asked Brownlee and Fruth the names of property owners near the track site who supported their arguments. No names were given and the debate continued.

"Could we decide that economic development is more in danger in this county than historic preservation?" Morris asked.

During a public hearing that followed, those speaking in favor of the track outnumbered those who opposed it.

Duke Brown, a Salisbury resident and Spencer business owner, said of the track, "I think we have a great and unique opportunity that most towns will never experience."

Randy Reamer, a Salisbury attorney who specializes in real estate law, said he thought the track would boost the value of property in Spencer, especially that near the track.

"These properties have been absolutely dead for the last 30 years," Reamer said. "Any activity will help property values."

Mike Havlick, a Lincolnton resident and member of the Sports Car Club of America, supported the track. He said members of his club are "mature, reasoned people" and "it'd be an asset to have (them) in your community."

Charlotte's Dick McCollister, another member of the Sports Car Club of America, said, "We'd very much like to have another road course."

Jim Pantas is a Mount Pleasant resident and member of the National Auto Sports Car Club of America, a group that includes 35,000 members. He said the track's construction would surely help Rowan County's economy.

"We rent facilities like this for a weekend," Pantas said.

Rodney Whedbee, a Salisbury resident and former professional race car driver who owns some of the land at the site admitted that he's got a vested interest in the track's construction. His property will likely increase in value if its built, he said.

But Whedbee also noted that the land isn't zoned historic and questioned how those opposed to the facility can argue that its construction will ruin the historic value of the property.

"I don't see how you can make us uphold historic status when we're not zoned historic," Whedbee said.

Only three people spoke against the track's construction. One was Scott Meyers, a Greensboro attorney who represents Norfolk & Southern. Railroad tracks run through the property and Meyers said Norfolk & Southern was only given plans for the facility early Thursday. He said company officials hadn't had the opportunity to review the plans.

"It's hard for the railroad to evaluate all the issues that might be involved here," Meyers said. "I'm here tonight to object to the plans and variances."

Deborah Rookard, a Salisbury resident, also spoke against the proposed track. She said she spoke as advocate for the environment, especially the Yadkin River.

"We need assurances that the water and land are going to be treated in the best way possible," she said.

Frances Driscoll, a Spencer resident, also spoke against the track. She said she was a history teacher.

"This is a significant area, history-wise," Driscoll said. "I hope you're not doing anything you'll regret later."

Contact Steve Huffman at 704-797-4222 or shuffman@salisburypost.com.