The owners of a proposed motorsports track southwest of Pendleton will have two more years to get their operation off the ground.

The Warren County Planning and Zoning Commission voted Thursday, Nov. 16, to issue a two-year permit extension for MSA Heath LLC to build a track for mud racing and truck/tractor pulls. The property owners, George and Dana Heath, have been locked in a legal battle with nearby residents over the proposal since 2016.

Opponents have until Monday, Nov. 27, to file a protest against the extension at the county clerk’s office.

A conditional use permit (CUP) for the track was initially approved by the planning board in January 2016. The site of the proposed track is a 25-acre clearing along Highway B, part of several hundred acres owned by the Heaths. It is 9 miles down the road from Pendleton.

Nearby property owners have been fighting the permit since it was issued. They are worried the track would lead to dangerous traffic and drunk drivers on Highway B, cause too much noise and reduce nearby property values.

The permit was appealed to the Warren County Commission in January 2016 and then to the Warren County Circuit Court in April 2016, both of which sided with the Heaths. Another appeal is ongoing at the District Court of Appeals in St. Louis.

Delay and extension

The original permit was limited to two years (2016-2017), partly in response to negative feedback from neighbors. The Heaths were intended to apply for a permit renewal after their business had been in operation for two seasons.

However, the track hasn’t been finished yet because of the ongoing legal dispute. Initial work on the land and entrance road has already been done, along with purchasing light poles.

“We have an initial investment in the venue. We just didn’t want to proceed too much further into it,” George Heath said. “We had no idea it was going to take up to this two years for this.” 

Heath asked for the permit to be extended another two years, and said the track could possibly be open for events in 2018. He expressed confidence that the court appeal will be resolved soon.

Opponents saw the extension request as a chance to shut down the track proposal.

“I think this is a great opportunity to get out of a bad situation which is only going to get worse,” said resident Robert Baldwin, who said Highway B is already a dangerous road. “You inject a couple of hundred cars, maybe more, and then on top of that you throw in alcohol ... somebody’s going to get killed.”

Planning board members made it clear, however, that they consider the original CUP to be a decided matter. They asked for only testimony in support of or against extending the permit’s time limit.

“They’ve already been before (the planning board) once. He’s already been through this,” said Vice Chairperson Rebecca Herbst. “We just need to stick with what we’re supposed to: whether or not we should extend the CUP.”

Asked why the proposed track should be allowed with so many residents against it, Herbst explained it is the planning board’s duty to uphold the lawful rights of every property owner, even if that makes some neighbors unhappy.

After hearing testimony from several area residents and their legal representative, Carrie Hermeling, the planning commission voted 5-0 to extend the CUP, with three members absent.

The Warren County Planning and Zoning Commission meets the third Thursday of each month, 7 p.m. in the lower level of the county administration building. There will not be a December meeting.