A Municipal Government Board (MGB) has finally released its decision on a dispute filed by Wheatland County in regards to the traffic impacts of a possible development.
In January of last year Kneehill County amended its land use bylaw by adding a Direct Control District to an area with land owned by those wishing to develop the Badlands Motorsports Resort. The site borders the two counties.
Wheatland County filed a dispute under Section 690 of the Municipal Government Act. It was in regards to the potential impact that roads on Wheatland County that may be affected by an increase in traffic.
The decision was released by the MGB last week.
According to Kneehill Reeve Bob Long, there was much agreement from the parties involved at the hearing. Kneehill, Wheatland and the landowner agreed to the finding of a traffic assessment completed by Watt Transportation (Watt TIA).
This study showed three possible routes into the proposed development. The preferred option would be an approach from the north off Highway 9 along Range Road 213. This route is wholly contained within Kneehill County. The Watt TIA recommended this route be designed, constructed and paved.
The landowner stated he would not consider the development without paving the primary access.
The two other routes leading into the development site in Wheatland are gravel. The MGB found that the traffic generated by the development would be detrimental to Wheatland roadways, however, the detriment can be mitigated by the development of the primary access. They also found that the Wheatland roadways will still be affected and would require upgrades to maintain safety.
The remedy Wheatland sought was to have the Watt TIA written into the Direct Control Bylaw.
Kneehill argued that it was not necessary to add the traffic study to the bylaws as the TIA was ordered previously in the Area Structure Plan.
The MGB found the impacts of the road are specific, probable and linked to the proposed development and that the remedy is to amend Kneehill County’s Direct Control Bylaw to state:
“The County shall not endorse a Plan of Survey for Subdivision of the Lands or Approve a Development Permit for the Lands until the Developer has first:
4. Executed a development agreement (s) with the Municipality in form and substance satisfactory to the County of its sole discretion to ensure all subdivision and development of the lands conform to the principles upon which this and other pertinent bylaws are based and shall require construction or payment for the construction of a road or roads required to give access to the subdivision or development in accordance with the May 30, 2014, Watt Consulting Group Transportation Impact Assessment, inclusive of signage and advertising.”
