LOCAL AUTHORITIES BOARD SEPARATION ORDER TOWN QF PINCHER CREEK

Transcription

1 LOCAL AUTHORITIES BOARD SEPARATION ORDER Board Order No TOWN QF PINCHER CREEK bo Before: The Local Authorities Board for the Province of Alberta In the matter of the Local Authorities Board Act File No: S.F. 105 And in the matter of an application by the owners of certain land petitioning for the separation of those lands from the Town of Pincher Creek. In 1980, pursuant to section 20 of the Municipal Government Act, an application was made by the council of the Town of Pincher Creek, in the Province of Alberta for the annexation to the town of certain territory. Following a public hearing held August 28, 1980, an order of the board was made, being Order No , dated September 23, 1980, which annexed to the Town of Pincher Creek certain lands, including the following: All that portion of the north east quarter of section 23, township 6, range 30, west of the fourth meridian, which lies to the south of the north 288 feet of the said quarter section, and to the north west of the Pincher Creek, as shown on a township plan approved at Ottawa, September 29, 1887, excepting thereout road plan 442 J.K. and plan of subdivision 113 L.K. (hereinafter called the said territory )... Pursuant to section 120 of the Local Authorities Board Act, an application was made by Robert J. Rigaux and Edith Rigaux of Pincher Creek, Alberta, the owners of the said territory, to the Local Authorities Board of the Province of Alberta, petitioning for separation of the said territory from the Town of Pincher Creek. r 1 n3q

2 THE ALBERTA tiaze1te. MARCH The applicants were not present but were represented by R.M. Oxman, solicitor. The Town of Pincher Creek was represented by Mayor J.J. Teran. Thc Municipal District of Pincher Creek No. 9 was not represented at the hearing, nor was a written submission made. Representing the Oldman River Regional Planning Commission were W. McIntyre and J. Hcndricks, planners. During the period when the Town of Pincher Creek commenced its application to annex certain territory to the town and the date of Board Order No , the applicants Robert J. and Edith Rigaux were out of the country. It was questioned if the applicants had received proper notice of the hearing and it was indicated that, if they had, they would have opposed the annexation of the said territory to the Town of Pincher Creek. The said territory, containing approximately 12 acres, located in the north east sector of the Town of Pincher Creek. abuts Highway No. 6 with its west border, while the north and west bank of the Pincher Creek as it bends its course from east to north, forms the north and east borders of the said territory. To the north of the said territory are abutting two small parcels of land. Access to the said territory is gained off Highway No. 6. The topography is dominated by a treed flood plain in the south west portion, with a steep bank rising to a level plain in the north. A single family residence is located on the said territory, and the applicants plan to construct another residence in the future. Portions of the low lying flood plain are within the 100 year flood plain contours. It was pointed out that since the said teiitory was annexed to the Town of Pincher Creek the assessment and property taxes had increased more than three times while the owners had not received any increase in municipal services. For the said territory to be developed for other than residential purposes, fill would be required in the low lying areas. Because of the need for a sanitary sewer lift pump and because of the amount of fill required, the cost of doing so would make the said territory uneconomical for development for highway commercial or industrial land uses. Therefore, there were no advantages to the owners in having the said territory in the Town of Pincher Creek and it was petitioned that it be removed. The Council of the Town of Pincher Creek passed the following resolution: D That the Town Council affirms all those properties annexed to the Town of Pincher Creek via the Local Authorities Board as of January 1, In this sector of the Town of Pincher Creek, the town s boundaries followed the north and east bank of Pincher Creek. The removal of the said territory would create an irregular and illogical boundary to the town. While it was agreed that the said territory, because of its topography, would be difficult to service for highway commercial or industrial uses, it was suggested that it would be ideal for a tourist campground development. At present the Town of Pincher Creek s force main leading to the town s sanitary sewage treatment lagoon crosses the said territory. However, the said territory, at present, was not being considered in any of the town s utility, transportation, or land use plan, and its removal would not jeopardize the town s development. The Oldman River Regional Planning Con@sion submitted that the said territory should remain within the boundaries of the Town of Pincher Creek due to its urban nature. Due to its topography and size, the said territory is not an agricultural unit but is used as a residential acreage. The Town of Pincher Creek Land Use By-law No was amended in August, 198 I, and designated the said territory as Transitional I 1029

3 THE ALBERTA GAZEITE, MARCH Land Use. The town s General Muncipal Plan By-law No. 1288, passed in the same month, proposed the area of the town in which the said territory is located in, be designated for future industrial land use. Alberta Transportation, by letter to the board dated November 25, 1981, advised.., the Department has no objections to the proposal strictly from a Highway 6 operation point of view. By letter to the board, dated November 10, 1981, Alberta Agriculture reported it,,. has no comments to make on this proposed separation. The board having considered the evidence presented to it at the hearing, has reached the following conclusions: I, That while the said territory is a logical portion of the Town of Pincher Creek s jurisdiction, it is not an essential parcel of land that is required by the town in order to plan and develop its utility, transportation or land use infrastructure. 2. That, until the economics of development are more favourable, which is not anticipated for some time, the said territory will remain in its current land use. The residence and buildings on the said territory are self sufficient and do not require utilities or other services from the Town of Pincher Creek. 3. That, there being currently no strong reasons for the said territory being within the jurisdiction of the Town of Pincher Creek, and because of the perceived disadvantages by the owners, the application of Robert J. and E. Rigaux to separate the said temtory from the Town of Pincher Creek and thereby to annex the same to the Municipal District of Pincher CreebNo. 9, should be granted in full. Therefore, it is ordered as follows: I. That there be separated from the Town of Pincher Creek, in the Province of Alberta, and thereupon be annexed to the Municipal District of Pincher Creek No. 9, the following described temtory: All that portion of the north east quarter of section 23, township 6, range 30, west of the fourth meridian, which lies to the south of the north 288 feet of the said quarter section, and to the north west of the Pincher Creek, as shown on a township plan approved at Ottawa, September 29, 1887, excepting thereout road plan 442 J.K. and plan of subdivision 113 L.K. (A sketch showing the general location of the annexed lands is attached as Schedule A. ) 11. That any taxes owing to the Town of Pincher Creek as at December 31, 1981, in respect of the aforementioned properties shall transfer to and become payable to the Muncipial District of Pincher Creek No. 9 together with any lawful penalties and costs levied thereon in respect of any such taxes; however, upon the Municipal District of Pincher Creek No. 9 collecting any or all of such taxes, penalties or costs, such collection shall forthwith be paid by the municipal district to the Town of Pincher Creek That the assessor for the Municipal District of Pincher Creek No. 9 shall, for taxation purposes in the year 1982, re-assess the annexed lands and assessable improvements thereon, which are by this order annexed to the Municipal District so that the assessment thereof shall be fair and equitable with other lands and assessable improvements in the Municipal District of Pincher Creek No. 9, and the provisions. 1030

4 THE ALBERTA GAZETTE. MARCH 31, 1982 of the Municipal Taxation Act regarding the assessment roll shall mutatis mutandis apply to such assessment. IV. That the chief provincial assessor, appointed pursuant to the provisions of the Municipalities Assessment and Equalization Act shall, for taxation or grant purposes commencing in the year 1982, re-assess or re-value, as the case may be, all properties that are assessable or subject to valuation under the terms of the Electric Power and Pipe Line Assessment Act and the Municipal and Provincial Properties Valuation Act, and which lie within the areas that are by this order annexed to the Municipal District of Pincher Creek No. 9, so that the assessment or valuation shall be fair and equitable with properties of a similar nature, V. That the effective date of this order is January I, Dated and signed at the City of Edmonton, in the Province of Alberta, February 22, Certified a True Copy: B. Clark, Secretary. Local Authorities Board, C.I. Shelley, Chairman. J.A. Hammond, Member.

5 THE ALBERTA GAZEm, MARCH 31, 1982 SCI-IEDULE "AI' A SKETCH SHOWING THE GENERAL LO.CATlON OF THE AREAS AFFECTED BY BOARD ORDER NO EFFECTIVE DATE: JANUARY 1,1982 AFFECTED AREA(S1 a