Kneehill County council agreed to give a motorsports resort developer a three year extension on his subdivision.
The decision was made at the Sept. 22 regular meeting of council.
The request for extension was presented to council by Barb Hazelton, manager of planning and development, who noted the property owner was reporting some issues moving ahead with the project that includes KNE190128, KNE190129, KNE190130 and KNE190131 which Hazelton noted are subdivisions located on section 22-027-21-W4, part of the Badlands Motorsport Resort which is described as being about 30 minutes west of Drumheller.
“There have been several setbacks in meeting the details of some of the subdivision conditions,” stated Hazelton in her report to council.
“Multi-jurisdictional over site has also contributed to the challenge of moving this project forward.
“Due to the current economic conditions and the additional complications created by corona virus, the applicant is finding the timeline to raise the security for the road challenging to meet.
“The applicant is requesting a 1-year extension to provide some additional time to raise these funds.
“In the Municipal Government Act (MGA), landowners are given a year from the date of approval in which to meet the conditions of approval.
“If the conditions are met, the Subdivision Approving Authority is required to endorse the subdivision to allow registration at Alberta Land Titles.
“Lands noted as 1 + 2 + 4 + 5 are to be consolidated into one parcel for the lower track area. Lands noted as Area A + Area B + 3 are to be consolidated into the upper track.”
“He’s not creating any more titles,” said Hazelton to council. “They’re basically boundary adjustments.”
According to the website www.badlandsmotorsportsresort.com, “The 465 acre Badlands property is a driver’s dream come true.
“Uniquely set in one of the most beautiful locations in the world, Badlands’ multiple racetracks will embrace the elevation changes and wide open spaces to allow exhilarating speeds (300 km+) combined with skill testing twists and turns.
“More than a decade in the making, all of the key pieces of the development are already in place.
“Land for the development has been purchased, re-zoning, and Area Structure Plan By-Laws for that land have been passed in Kneehill County, and a Comprehensive Site Development Plan and subdivision approval are in place.”
Hazelton noted councillors had the authority to grant an extension and it didn’t appear there was any issue with trying to help this organization out in a difficult situation.
“Section 657(4)(6) of the MGA permits Council to extend the one-year approval period whether or not that period has expired,” stated Hazelton’s report. “It should be noted that these subdivisions expire January 30, 2021.
“There are no limits set in the MGA for either the number of extensions, or the length of time an extension can be granted for.
“Landowners – or their agents – may make requests for an extension of these timeframes to the council of the approving authority, who have been granted the authority under the MGA to approve these extensions.
“Kneehill County council has typically granted a one-year extension. Due to the scale of the project and the multi-jurisdictional approvals required, administration did obtain a legal opinion on whether or not there would be any issues with the municipality granting a multi-year extension.
Legal was of the opinion that granting a multi-year extension was not problematic however recommended that we not exceed a three-year extension.
“Administration would propose that since these lands fall within an approved Area Structure Plan and an approved Direct Control District, Council consider a multi-year extension.
“This will provide additional time for the applicant to navigate through the current economic challenges.
The subdivision itself is only creating boundary adjustments to the existing titles. No development permit applications have been received to date.” She noted the applicant already paid a fee for the extension application.
Councillors had no questions about the application and unanimously agreed to grant the three-year extension.
Stu Salkeld, Local Journalism Initiative reporter