A proposed lease and conditional use approval could formalize the use of a popular site for dirt bikers in the city.

The proposal would see a 10-year lease and conditional use application for the Yukon Cross Country Motorcycle Association to use the eight-hectare site off Robert Service Way. They were brought forward for council’s consideration Monday evening.

City planning manager Pat Ross highlighted the fact the area has been used for years by dirt bike, off-road vehicle and truck enthusiasts for recreational driving and events.

The annual mud bogs, for example, are in the same area, next to the proposed lease area.

The site was also once used at one time for a go-kart track years before the city took over ownership of the property from the Yukon government.

“At the time of the city’s acquisition, a portion of Lot 1267 had been occupied by the Midnight Sun Dirt Riders (MSDR) as a dirt bike track under lease with the Yukon government,” Ross noted in his report on the proposed lease.

“It was the intention of the city to secure a lease agreement for the dirt bike track with MSDR, however prior to being able to finalize an agreement, the club became inactive and ceased using the area.”

That lease agreement never went ahead. The area, however, has continued to be used informally by dirt bike enthusiasts and members of the YCCMA after it was formed in 2011.

The group is a non-profit society that promotes dirt bike riding and racing in the territory. It’s been holding its major activities outside city limits at a site on the South Klondike Highway.

“YCCMA would like to secure tenure to the Robert Service Way dirt bike track in order to develop a safe operating environment at the dirt bike track, including proper signage, safety barriers, control procedures and designated maintenance,” Ross said.

He recognized that at the same time the lease and conditional use application is coming forward, the city is in the midst of a planning study for the Robert Service Way area.

“YCCMA is participating in this process, which is anticipated to be completed by late 2017,” Ross said.

“Administration is bringing forward this lease agreement for approval by council to provide tenure to YCCMA and address any liability risks associated with the ongoing use of the property for the current season.

“Following the conclusion of the Robert Service Way Area Planning Study, continuance of the lease agreement can be reviewed and adjusted if necessary.”

He later explained under questioning from council members that while the study is scheduled to be done by the end of this year, it will likely take years to implement any recommendations from the study.

Coun. Betty Irwin commented that it would make more sense to her to allow the group to operate under the conditional use approval until the area plan is done, at which point a lease might be considered.

Ross reiterated the importance of the lease. He also said the city has been working on the proposed agreement with the group for approximately two years.

The plan also triggers a required conditional use approval.

Keith Lay, who heads up the Active Trails Yukon Association, also highlighted the area planning study in arguing against the lease during a presentation at Monday night’s meeting.

“Once the lease is granted, it is going to be very difficult to reverse the decision, even if the public input to the study suggests that a dirt bike park is not what the public wants at the location in question,” he said.

There may be suggestions from the public for other uses of the land, Lay added.

He also said the requirements of the city’s ATV bylaw and the territory’s Motor Vehicles Act will prohibit those under the age of 16 and without a licence to participate in events the group might host at the park.

With events now happening on private property outside the city, those under 16 are able to participate.

Ross noted that regardless of where the group hosts events in the city, any activities hosted in Whitehorse would be subject to city and territorial regulations.

Lay outlined several regulations under the ATV bylaw. Those include requirements that operators wear helmets, and have a licence, registration, insurance, and an ATV card.

“So, if children cannot use the leased property and adults are not willing or able to assume the requirements of the MVA and the city’s ATV bylaw, then the viability of the entire venture is questionable,” Lay said.

He went on to point out concerns around liability, and designations under the Official Community Plan and zoning bylaw.

He also cited the impact of the proposal on those staying at the Robert Service Campground and users of the Millennium Trail, across the road from the area.

He argued the YCCMA should raise funds to purchase or lease private land.

“This would provide security of tenure and would allow its members to operate their machines without needing to adhere to the city’s ATV bylaw or the MVA,” he said.

Coun. Roslyn Woodcock commented that the site seems like an “odd place” for the use, and wondered why a site further out of town hadn’t been selected. She also said that living near the site, she hasn’t been bothered by noise coming from it.

Ross recalled an area in the Spruce Hill subdivsion that had been used by dirt bikers at one time. The site under discussion, he noted, provides a spot closer to the city while still being in an area that was pretty dormant at the time it started being used.

The location had been used long before the Millennium Trail was built, Ross pointed out.

Mayor Dan Curtis said the area has been used for many years, noting the greenbelt surrounding it serves as a buffer.

As council members ponder whether to proceed with the lease, conditional use approval is also up for consideration.

“While the proposed site has been utilized as a dirt bike track previously under a Yukon government lease and more recently in an informal manner, this proposed use has not undergone any conditional use approval process through council,” Ross said.

“As a result, administration is bringing forward this conditional use application to legitimize the use of this area as a dirt bike track prior to council issuing bylaw approval for the proposed lease agreement.”

The lease will come forward for first reading next week, with a public input also scheduled on the conditional use application.

A report on the public input will come forward at the May 15 meeting with a council decision May 23.

If first reading of the lease goes ahead, council would vote on the final two readings of the lease bylaw at the May 23 meeting, following the conditional use vote.