THE ALBERTA GAZETTE, AUGUST 31, Village Act: f lying adjacent thereto.

Transcription

1 -.,. THE ALBERTA GAZETTE, AUGUST 31, 1967 LOCAL AUTHORTES BOARD ORDER NO FLE: L.A. 79-A WEDNESDAY-THE SECOND DAY OF AUGUST, 1967 n the matter of The Town and Before: 1 Village Act: The Local Authorities Board And in the matter of an applifor the Province of Alberta: cation by the Town of Stettler for annexation of certain: territory f lying adjacent thereto. Pursuant to an application by the Town of Stettler dated January.23, 1967 as amended by resolutions of the town council dated February 21, 1967 and March 7, 1967, the town petitioned for the annexation of ' the following described lands which lie in the County of Stettler No. 6:, -5 - Firstly: All that portion of the north-west quarter of section 4, township 39, range 19, west of the fourth meridian, not presently within the town boundaries and all of the south-west quarter of said section 4. Secondly: All that portidn of the south-east quarter of section 5, township 39, range 19, west of the fourth meridian, not presently within the town boundaries and all that portion of the south-west quarter of said section 5 which lies south-east of the south-easterly limit of the Canadian ;National Railway right-of-way, not presently ' within the town boundaries. 2 Thirdly: The west half of section 6, township 39, range 19, west of the fourth meridian. Fourthly: All that portion of the north-east quarter of section 1, township 39, range 20, west of the fourth meridian, shown on Subdivision Plan 529 M.C. (Repp Subdivision) and all that portion of the said quarter section described as follows: "Commencing at. the intersection of the east boundary of the said quarter section with the north limit of the extra road as shown on Road Plan 3927 E.U., thence westerly along the said north limit of the said road one hundred and eighty-six (186) feet, thence northerly and parallel to the said east boundary to a point on the south-east limit of the right-of-way of the Calgary and Edmonton Railway as shown on Railway Plan 678-R, thence north-easterly along the said south-east limit to a point of intersection with the said east boundary, thence southerly along said east boundary to the point of commencement. The land described containing three (3) acres, mpre or less." FifthEy: All of the north-west quanter of section 32, township 38, range 19, west of the fourth meridian. Sizthly: All of the north-east quarter of section 31, township 38, range 19, west of the fourth meridian 'and,all that portion of the north-west quarter of said section 31, not presently within the town limits and all that portion of the south-east quarter of said section 31, shown on Subdivision Plans 6240 H.W., 6137 H.W. and 2275 K.S. ' ' (Anderson Subdivision). Seventhly: All of the north-east quarter of section 36, township 38, range.20, west of the fourth meridian. 1805

2 - THE ALBERTA GAZETTE, AUGUST 31, 1967 \ ', Eighthly: All road allowances and road widenings lying td the west,and to the south of the aforesaid areas. Due notice of a public hearing of the application before the Board was! given to interested parties by the town and the hearing took place on Tuesday, March 21, 1967 in the Town of Stettler. Representing the Town of Stettler was J. W. Beames of Armstrong, Beames and Chapman, barristers and solicitors, counsel for the town. The County of Stettler was represented by secretary-treasurer Lloyd Williams. The Department of Highways was represented by V. E. MeCune, chief engineer. - Eugene Kush, B.A., L.L.B. acted as counsel for several residents of areas proposed for annexation by.the Town, including J. Anderson, Mrs. Shirley Black for L. L. Black, 'G. Cardell, Wm. Crombie, Ralph Filipenko, Arthur Gerlack, W. C. 'Gilbert, Mrs. Margery Hawkins, Brian Hayes, A. R. Kay -for self and for Geo. King, for Lindstrom Bros. and for Etettler Seed Cleaning Plant, Geo. King for self and for Mr. Grey, Mr. Leighton for Ralph Filipenko, Clarence Leonhardt re Stettler Drive-nn Theatre, W. Verle Lyster, K. Murray, Chas. McKay for self and for Messrs. J. H. Clement and Elmer Turigan, Mrs. Carl Trotter for self and for Don Syvertson, Arthur Weiss for self and for C. J. Anderson. Messrs. Hugh Charles, Geo. Kaydun and James MacDonald also made presentations before the Board. i71 Counsel for the Town of SteWer called three witnesses-c. W. Dunford, town manager, John Connelly, assistant planner, Red Deer Regional Planning )Commission land Wni. Bruyer, civil engineer of Strong, Lamb and Nelson, consulting engineers. The town represented generally -that: (1) t needed additional lands for 'residential and recreational development. t bad purchased the Kaufman land (part NE ) for this purpose and could obtain around 300 lots from subdivision pf this quarter section. t expected that residential expansion would also extend into a portion of the privately-owned NW lying south of the C.N.R. tracks; as well as into the south-east portion of the SW About 20 lots per year were being developed for residential purposes and there were 36 lots available at the time of the hearing. The town submitted that'the Cold Lake area (NE 31 and NW ) could provide a good long-range recreational area. 2. t needed additional lands for industrial, light industrial and highway commercial use. The limited number of available lots for these purposes has not been readily saleable due to their unsuitable location or size. A documented demand exists for such lands. The available lands lying north of the C.P.R. tracks and within the town,limits-while extensivehave not proven attractive to prospective purchasers. 1806

3 THE ALBERTA GAZETTE, AUGUST \ 5. The heavy and increasing flow of traffic along Highway No. 12 indicates a growing need for lands within the town for highway commercial purposes. No such lots are available along Highway No. 12 in the town, though a demand for such lands is evidenced by numerous developments-some uncontrolled-outside but near the present town limits. 3. There has already been some degree of subdivision of all the lands which the town seeks to annex. These developments, in close proximity to the town, are of an urban nature and the employees of such business largely (estimated at 85%) reside in the town and enjoy town facilities and services. The non-town resident owners of the fringe developments enjoy use of the town s recreation, library, fire protection and sewage disposal facilities without contributing to the capital costs of the facilities. 4. The town is preparing a general plan for the development of the present town and fringe areas. The control of urban-type developments should be with the town which has administrative facilities to ensure orderly growth by reason of its zoning and building regulations. The County of Stettler does not have such facilities and has suggested that such duties are better performed by an urban-type administration. Certain unrelated or incompatible developments have been permitted in the fringe areas evidencing the fact that a general plan is desirable. 5.The town does not expect that the school bus service which the county presently provides in the areas proposed for annexation, will be affected by annexation of such ar&s to the town. The existing service is not a mandatory one. n any event the matter is one to be decided by the School Board or School Committee alone. 6. The change in boundaries brought about by granting of the annexation would,have no effect on health regulations in the area as they exist-the Provincial Health Regulations. 7. Under annexation, areas now $being used for agricultural purposes can be zoned for this purpose in the town and existing non-conforming developments will be recognized without disturbance. Development control under the town administration s essential and in the best long range imerests of the whole area. 8. Generally, the areas proposed for annexation are economically serviceable with town sewer, water and storm sewer facilities though the town needs additional water reservoir capacity. The town with advice of its consulting engineers and planners has established a priority schedule for development and servicing of the areas proposed to be annexed. Certain of these areas are not presently economical to service. Where such areas are already developed the town (does not intend to extend sewer and water facilities unless of course, it is petitioned to cdo so. 9. The.town does not pro9ose to develop the existing golf course for residential purposes. t stated that the Kaufman lands (Pt. N.E. 36) were more economical to develop. 10, The town and the area proposed for annexation are one socioeconomic unit and should be under one urban administration b.,

4 - THE ALBERTA GAZETTE, AUGUST 31, 1967 The Department of Highways objected to the town s proposal to annex portions of Highway No. 12 to the east unless the town made provision to limit the number of accesses to the highway and unless service roads were built to serve any development. The department also opposed the establishment of farm machinery displays along main highways because of their creation of dangerous turning movements and because they act as a distraction to drivers., n general the department opposed any development or #boundary change which would tend to make less effective the design of the highways.,- From information filed with the Board, it has been determined that about 145 ratepayers own property in the areas proposed for annexation. Of this total, about 44 ratepayers offered some objection to the town s annexation proposals. A summary of the most frequently advanced abjections is listed hereunder, with the town s submission listed thereafter. (1) The town will not provide adequate road maintenance and snow removal for the areas proposed -to be annexed. nstances were cited where the town had been at times, lax, in ;the opinion of the observor/s, in removing snow dong 42nd Streetan uncompleted road. t was also submitted that the town did not have adequate equipment to even service its own present territory. Town s submission-the town has adequate road equipment to serve the enlarged area and will provide the necessary snow removal equipment. 9 (2) Annexation may result in the withdrawal of schmol bus service to children living within the enlarged town limits. Town s submission-the matter of transporting school children is not within the purview of the town council and should not,be a deterrent to a needed change in municipal boundaries. No indication has been given by the School Board that the courtesy bus service now provided will be withdrawn by reason ~f the annexation. (3) Town by-laws may restrict the keeping of horses,.the raising of pigs and rabbits and cattle. Town s submission-the Provincial Health Regulations presently apply both within the present town limits and in the.areas proposed for annexation. Annexed lands being used for agricultural purposes will be zoned for agricultural use within,%he,town. (4) Properties annexed to the town will face higher assessment and taxation than in the County of Stettler. Farm buildings could be taxed. i Town s submission-the County of Stettler and.&e Town of Stettler are both using the same Manual of Assessment-one of equivalent levels. The Board, not the town, can provide any assessment protection it deems is necessary for annexed properties. The town mill rat.e in 1967 is 68 mills, compared to a rate of 62 in the County of Stettler. The.town also levies a business tax where applicable. 1808

5 THE ALBERTA GAZETTE, AUGUST 31, Many of the developed properties already have their own sewage disposal facilities and water wells, and do not require the town s systems. Also, the town has stated that it does not intend to extend services to certain already developed areas. Town s answer-the town does not intend to extend sewer and water systems to areas which are presently uneconomical to service, even though they are already developed. The town extends services after receipt of petitions for such services. The septic tanks in the fringe areas are presently emptied into the town s disposal facilities without charge. n time, a health hazard is likely to develop due to the increasing subdivisions and developments in the fringe areas. (6) The fringe residents provide their own garbage disposal. Town s answer-this service would be provided by the town. The town s nuisance ground is now used by some of these residents. (7) The property of the residents of the fringe areas will, in event of annexation, assume a share of the town s debenture debt which is higher than. the debt of the county. Town s submission-this is correct: The residents of the fringe areas already use library, recreational, disposal, cemetery facilities etc., which have been provided and financed by the town residents. (8) No expansion of existing developments will be allowed without the necessity of obtaining building permits. * Town ; submission-such a procedure is the essence of good planning control and is for the good of the whole area. (9) Sale of property will not bg allowed for continuation of present uses4.e. raising pigs, rabbits, cattle. ), Town s submission-the town propqses to zone such lands as being for agricultural use. (Note: Use of property not ownership, is the governing planning concern). (10) Owners oi agicultural lands in the fringe areas will lose their. 5% depreciation premium on their assessments ( isolation allowance ).. Town s submission-no comment other than the assessments within and without the town are equitable. (Note: The Board s information is that this - hamlet allowance factor has not been in force for several years and that no such loss would in fact occur.) After reviewing all the evidence presented to it at the public hearing, other evidence appearing on the Board s files and after inspecting the areas which are the subject of this inquiry, the Board has come to the following substantial conclusions: (a) The whole of the areas for which the town has made an annexation application are one socio-economic unit using the same schools, hospital, library, recreation and business facilities.. (b) The prevalent fragmentation of farm lands in the areas im-. mediately surrounding the present town limits invites even further uncontrolled urbanization of such territory without annexation. Subdivision adjacent to urban centres is primarily undertaken to avail the owner of the many and varied urban services which become immediately accessible to him and his family. (c) Development in the fringe areas should be controlled to ensure that proper zoning and standards of building construction are imple- 1809, \ a

6 THE ALBERTA GAZETTE, AUGUST mented for the benefit of the whole general area. The Town of Stettler is the logical administrative authority in this regard. (d) The town needs additional undeveloped lands for residential, commercial and light industrial expansion. Much of the vacant land which is in the present town limits to the north has pmven unsuitable or undesirable for development. (e) The town must be given a sufficient area of land to allow and encourage urban growth and to ensure that the various urban services may be 'designed in the most economic manner to meet future needs. (f) The School Board's responsibility for busing school children should not be affected by a change in town boundaries in this case. (g) Areas annexed to any urban rriunicipalify should assume their rightful portion of the existing general urban debt through the medium of the annual tax levy. Substantial portions of municipal services such as reservoirs, water treatment plants, sewage lagoons, arterial roads, libraries, recreation facilities, fire halls, etc., are chargeable to and payable by property at large in the urban centre-and rightly so. (h) Lands being used for agricultural purposes will continue to be zoned for such purposes if annexed to the town, so long as their use remains unchanged. The Board, if it deems it equitable to do so, may, after annexation of farm lands to an urban municipality, continue, for a fixed term, the exemption from assessment and taxation of farm buildings. (i) Businesses brought into the town through annexation should rightly be subject to all town taxation. They offer direct competition to businesses which already pay the town's business tax. (j) The largely developed sub&visions commonly referred to as' Repp (Plan 529 M.C.), Anderson (Plans 2275 K.S., 6137 H.W. and 6240 H.W.), and King (Plan 3966 M.C.) in NE , SE and SW respectively, are being left in the County of Stettler primarily because the town represented that it did not intend to extend sewer and water facilities to these residents for some time due to the considerable undeveloped intervening lands. The Board believes that 'these urbanized territories should become a part of the Town of Stettler not later than the time when the aforesaid town services can be made available. Their residents enjoy many of the town's urban facilities as has been previously outlined in this report. The town has the authority, of course, to charge non-residents for the use of fire equipment, nuisance grounds, sewage disposal facilities, recreation facilities, library and- cemetery facilities, etc. Such charges might well offset to a large extent any lower tax levies in the rural County of Stettler. Substandard construction and mixed use of lands in these subdivisions will create problems, not only for the established residents therein, but also for the residents of the town proper. The Town and Village Act, of course, allows a majority of the owners of any territory lying adjacent to the town to petition for annexation of their lands to the town whether or not the town re-applies for the annexation of the said subdivisions..n summary, the Board finds that the town needs additional lands for anticipated residential, commercial and industrial expansion. As well, for the general benefit of the people of the whole'area, the town requires direct planning, zoning and building control over the 1810

7 ., -, THE ALEERTA GAZETTE, AUGUST 31, ,. lands on its fringes which have been extensively fragmented by regis: tered as well as unregistered subdivisions. The Board does not consider that any undue hardship will fall upon the persons who own lands which are being annexed to the Town of Stettler. n fact, we believe that the town is capable of providing urban services which could not be provided economically by a rural administration and that property value is generally enhanced by inclusion in an urban municipality.. t is therefore ordered that the following described lands shall be annexed to the Town of Stettler and be separated from the County of Stettler No. 6: Firstly: All that portion of the north-west quarter of section 4, township 39, range 19, west of the fourth meridian, in the said Province not now within the boundaries of the Town of Stettler, together with all that portion of the south-west quarter of section 9 of the said township and range required for nuisance ground access as shown colored red on Road Plan 3577 E.T. Secondly: All of the south-west quarter of -section 4 of the said township and range together with all of the north-south road allowance adjoining the west boundary of the said quarter section. Excepting thereout all that portion of the said quarter section taken for road as shown on Road Plans 4827 E.O. and 178 L.Z. and all that portion of the said quarter section subdivided under Plan 3966 M.C. Thirdly: All that portion of the>+outh half of section 5 of the said township and range not now withid the boundaries of the Town of Stettler and includipg the east-west road allowance adjoining the south boundary of the said south half and the road intersection of the said east-west road allowance and the north-south road allowance adjoining the west boundary of thelsouth-west quarter of the said section 4. Fourthly: All that portion of the west half of section 6 in the said township and range which lies south of the northerly limit of the C. & E. Railway right-of-way as shown on Railway Plan 678 R and all that portion of the north west quarter of the said section 6 shown outlined in red on Filed Plan 1665 E.O. and all that portion described in Certificate of Title 65-C-71, containing four (4.00) acres more or less, together with all that portion of the north-south road allowance adjoining the west boundary of the said section 6 which lies south of the northerly limit of the said C. & E. Railway right-of-way produced across the said road allowance and the east and west road allowance adjoining the south boundary of the south-west quarter of the said section 6 including the intersection of the said north-south and east-west road allowances. Fifthly: All of the north half of section 31, township 38, range 19, west of the fourth meridian, not now within the boundaries of the Town of Stettler, together with all of the north-south road allowance adjoining the west boundary of the said north half not now within the said town boundaries. Sixthly: All of the north-east quarter of section 36, township 38, range 20, west of the fourth meridian. (Refer to the attached Schedule A for the general location of the annexed areas.) 1811

8 ' e < THE ALBERT.4 GAZETTE, AUGUST 31, 1967 \ X. t is further ordered as follows: (a) Any taxes owing to the County of Stettler No. 6 as at December 31, 1967 in respect of the aforementioned annexed property shall transfer to and become payable to the Town of Stettler, together with the amount of any lawful penalties and costs levied thereon in respect of such taxes; however, upon the Town of Stettler couecting any or all of the said taxes, penalties or costs, such collections shall forthwith be paid by the Town of Stettler to the County of Stettler No. 6. (b) The assessor for the Town of Stettler shall for taxation purposes in the year 1968 re-assess the lands and! assessable improvements thereon (other than the properties described in paragraph (c) hereunder) and which are by this order annexed to the town, so that the assessment thereof shall be fair and #equitable with other related lands and assessable improvements in the Town of Stettler. (c) The assessor for the Town of Stettler shall for taxation purposes in the years 1968, 1969 and 1970 re-assess any annexed parcel of land comprising a farm unit, as referred to in The Municipal Taxation Act, chapter 54, Statutes of Alberta, 1967, and the farm buildings thereon used in connection with the production of crops or livestock or both, or in connection with fur production or beekeeping, on the same basis of assessment as would be applicable to them had such land and farm buildings remained in the County of Stettler No. 6, provided however, that if: (i) The said land or a part thereof is hereafter subdivided by a plan of subdivision; or if c (ii) the town by resolution of council ar the owner, in writing, establishes that for other good and Aufficient reason the provisions of this paragraph (c) should be varied--applicati;on may be made to the Board for an order to implement such variation as the Bqard deems to be proper in the circumstances. (d) The Town of Stettler shall for taxation purposes in the years 1968, 1969 and 1970 and while the annexed lands are not further subdivided and continue to be used for farm purposes as outlined in clause (c), tax $he said farm lands and any assessable improvements thereon at the applicable mill rates which are in effect in the appropriate year in the County of Stettler No. 6. (e) The Town of Stettler shall assess and levy.the appropriate business tax on all businesses in the annexed areas. (f) The chief provincial assessor, appointed pursuant to The Municipalities Assessment and Equalization Act, shall for taxation or grant <purposes commencing in the year 1968, 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 Pipeline Assessment Act and The Municipal and Provincial Properties Valuation Act, within the areas by this order annexed to the town of Stetkler, so that the assessment or valuation shall be fair and equitable with properties of a similar nature.. \. ' 111. The effective date of this order shall be the 1st day of January, ". LOCAL AUTHORTES BOARD, C. G. MACGREGOR (Chairman).. MORRS (Member). A. B. WETTER (Member). Certified a true copy, W. C. ELLOTT (Secretary)

9 --' THE ALBERTA GAZETTE, AUGUST STETTLEF: SCH E D U LE "A" A SKETCH SHOWNG THE GENERAL LOCATON OF THE AREAS ANNEXED OY ORDER No.3287 EFFECTVE DATE - JAN., 19t8 ANNEXED AREA(S1 1813