of the territory described on schedule "B" attached to this Order, the lands described therein immediately adjoining the Town of St.

Transcription

1 THE ALBERTA GAZETTE, JULY 31, 3074 ORDER NO Before: The Local Authorities Board for the Province of Alberta. File: L.A. 78-A In the matter of The Municipal Government Act: And in the matter of an appli cation by the majority of the registered owners of certain ter ritory immediately adjoining the Town of St. Albert, Alberta re questing annexation of the territ ory to the said town. Pursuant to a petition from the majority of the registered owners of the territory described on schedule "B" attached to this Order, the lands described therein immediately adjoining the Town of St. Albert in the Province of Alberta and lying in the Municipal District of Sturgeon No. SO, requesting annexation of the said territory to the said Town of St Albert, the Board held a public hearing of the matter in the Town of St. Albert on February 12 and 13th, Counsel for the applicants was Louis H. Charlebois of Arnell & Charlebois, Barristers & Solicitors, Edmonton who called as witnesses - Gordon C. Fuerst, P. Eng., consulting engineer, Associated Engineering Services Ltd.; D. L. Makale, M.T.P.I.C, president and P. D. G. Edwards, M.T.P.I.C, senior planner, Makale, Hollovvay and Associates Ltd. Counsel for the Town of St. Albert was Michael C. Welsh of Brownlee Fryefct, Barristers and Solicitors, Edmonton who called as witnesses - Mayor Kay Gibbons; Frank J. Dusel, P.Eng., Stanley Associates Eng ineering Ltd.; R. N. Giffen, M.T.P.I.C, executive director and D. Wayne Gordon, planner, Edmonton Regional Planning Commission. 1666

2 THE ALBERTA GAZETTE. JULY The Municipal District of Sturgeon was represented by Reeve Walter Van De Walle and Councillor Wm. Flynn. The applicants submitted that the territory described on schedule "B" attached to this Order should be annexed to the Town of St. Albert for the following general reasons - (1) the lands are suitable and desirable for urban residential de velopment and have been classified as 'agricultural-general urban reserve' on the Preliminary District Plan, Metropolitan Part, adopted by the Edmonton Regional Planning Commission since 1961 and the General Plan of the Municipal District of Sturgeon No. 90. The Town of St. Albert, the Municipal District of Sturgeon and the Planning Commission have agreed to this concept for the past 17 years - and still do. The lands adjoining certain territory within the present town limits which must be developed in conjunction with the annexed lands. (2) the lands can be serviced economically by: (a) the town's new sanitary sewer trunk, which is designed to run through the annexation area; and by (b) the town's expanded water supply facilities, which are required to be supplied to meet the town's imminent growth (above a population of 17,000) even without considering further internal development and growth or the present annexation; and by (c) storm water drainage into the Sturgeon River; and by (d) the town's expanded sewage treatment facilities which are required to be installed whether or not the applicant's lands and accompanying growth are added to the town and developed; and by (e) extensions to existing utility service lines or expansions thereof. Engineering Reports at Exhibits No. 1 and No. 2 prepared by As sociated Engineering Services Ltd. were filed in this regard. Since the lands lie on the route of the new sanitary trunk sewer which passes through the in-town Braeside-Forest Lawn neighborhood from the west, as it runs towards the annexation lands, development of the annexation lands will be to the town's benefit, since "revenue lots" help defray costs of financing that and the other aforenoted capital expansion programs. The applicants agree to meet the same conditions respecting offsite development contributions towards sewerage and water supply costs as are imposed by the town on other developers in the town under a development agreement. (3) the applicants submitted a conceptual outline plan for the annexation area to town council in December 1970 and received approval thereto in principle. Neighborhood designs, road system patterns and school locations were shown on that plan. Discussions with the two school boards over school sites were held and the applicants have agreed to supply the sites shown on the concept outline plan at no cost to the boards provided the plan receives council approval and a development agreement is concluded with the town. Board Note: The applicants have not reached agreement with St. Albert Protestant Separate School District No. 6 nor with St. Albert School District No. 3 in respect to school sites in the annexation area according to letters originating from those authorities dated February 13, 1973 and September 5, 1972 and filed as exhibits numbered 22 and 17 respectively. Completion of the town's road system to join with the spine system serving the two neighborhoods of the annexation territory will give good access to the town, as well as bring the town's access closer to 1667

3 THE ALBERTA GAZETTE, JULY 31, 1974 the proposed north-west freeway and thus not increase traffic on the St. Albert Trail. On October 4, 1972 the applicants were advised by the town that the University Heights (annexation area) outline plan and accompany ing letter dated September IS, 1972 with land utilization statistics were considered by the committee of the whole meeting held on September 25, 1972 and that council concurred with the committee's recommenda tion that approval of the outline plan be deferred until the (town's) problems relative to our water and sewer facilities have been resolved. The applicants submit that the town's sanitary sewer disposal and treatment problems are already resolved and were required to be resolved without consideration of the applicant's lands by the com mencement of construction of the sanitary sewer trunk to the North Saskatchewan River (through the applicant's lands) and by the ar ranging of financing for the additional sewer treatment facility -r- a requirement whether or not University Heights is developed. Similarly, the town's water shortage problems do not relate to the development of the annexation area. They relate to critical population figures which can and will be reached within the present town limits, before University Heights would be developed if it were annexed to the town. At a population figure over 17,000, the town expects problems in meeting its water supply demand. The City of Edmonton also expects that in 1974/1975 it will have difficulty in maintaining adequate water supplies for contracting munici palities such as St. Albert until its new south-west water treatment (Terwilliger) plant comes into operation. The applicants represented that the university 'heights outline plan should now therefore receive approval and that annexation of the lands should be approved. (4) the town will have need of the University Heights lands and other lands well within a planning period of twenty years and in the opinion of D. S. Makale, M.T.P.LC, based on the several conditions applying to the town and area, the existing town's supply of residential lands could be exhausted within five or less years, at the town's rapid population growth rate of near twenty per cent (20%). Board Note: Available serviced residential lots at December 31, amounted to 811 while some 1,300 acres of unserviced residential land remained within the town's boundaries. A reserve of about 1,000 lots is deemed by the town's planner to represent one year's supply of residential lots. At June, 1974, D. Wayne Gordon, the town's planning officer, reported to the Board that the comparative inventory figures were 1,371 vacant serviced lots and 715 undeveloped acres within the present town limits. Mr. Makale, in charting the population growth of St. Albert against Sherwood Park's at exhibit No. 15 referred to the consumption of 900 acres of residential land in Sherwood Park in three years to meet that community's demands and believed that St. Albert's growth rate could match or even exceed that of Sherwood Park because of St. Albert's natural amenities. Board Note: Mr. Byron, town manager, has informed the Board that the population of the Town of St. Albert at January, 1974 has risen 21.9% over 1973's 15,083 to the figure of 18,395. (5) the applicants have need of the town administration to ensure that actual development and servicing of their lands may be facilitated. 1668

4 ALBEiiTA GAZETTE, JULY 33, 1974 Within the town limits, the town controls specific land use designa tions, controls development, enters into development agreements and staging agreements which procedures remain dormant while lands re main outside the town limits. The applicants have no source of these municipal utilities for their lands other than the town and requires annexation to secure them. The Town of St. Albert opposed the granting of the annexation on the following general grounds (1) the annexation is premature to the town's requirements for additional residential lands. Planning that went into the proposed University Heights develop ment was undertaken at the time of the proposal to construct the Athabasca University, which has since been delayed or stopped. The 811 vacant serviced lot inventory and 1,300 acre undeveloped land supply at December 31, 1972 is equivalent to an eleven years' supply for the town. This is deemed an adequate supply. (2) the town, as a matter of policy, prefers to annex land by "neighborhood" as and when needed, on an arrangement, it has reached with the Municipal District of Sturgeon. If and when, the Braeside/Forest Lawn and Akinsdale areas in town are substantially developed 'and provided council makes no further changes in direction of growth for the town the annexation territory (University Heights) neighborhoods would be slated for annexation to the town ('by the town's initiative) in due course. (3) the town is not prepared to service the annexation territory until the town's water and sewer problems are resolved. Annexation of the territory to the town can lead to pressures being put upon council for extensions of services to the area. (4) the developers in the annexation territory have not completed agreements with "St. Albert Protestant Separate School District No. 6" as to the supply of school sites in the annexation territory. Other costs will follow to the town in comiection with roads for school buses for the children. (5) other general town costs will increase for servicing the area with roads, police and fire protection upon their annexation. The Municipal District of Sturgeon No. 90 opposed the annexation on the grounds that it has a policy that it will approve annexation of land to the Town of St. Albert where the town shows that it needs the land. The town in this instance has submitted that it does not need to annex the lands. The Edmonton Regional Planning Commission opposed the granting of the.annexation for the following reasons (1) the land will not be required for development for ten years and thus need not be annexed to the town since under its present agricultural General Urban Reserve Classification under the Preliminary Regional Plan the ultimate development of the lands is ensured for urban purposes while it remains in the municipal district. (2) it will be impossible to provide adequate road access to Ed monton from the area in the event the plans for the North West Free way and Ring Road are abandoned. Annexation should await firm assurances that the alignments and construction schedules of these roads are assured. 1669

5 THE ALBERTA GAZETTE, JULY 31, 1974 After considering all the evidence that was presented at the public hearing in February, 1973; And upon consideration of the continued rapid (21.9%) annual population growth in the Town of St. Albert in the year 1973 with the attendent consumption of vacant serviced lots and undeveloped lands within the town limits as reported to the Board at June, 1974; And upon considering the various actions that the council of the Town of St. Albert has taken and proposes to take to solve its still existing water shortage and sanitary sewage and treatment facility problems; The Board has reached the following substantial conclusions (1) The applicant established to the Board's satisfaction that his lands have been long (since 19*61) recognized by the Town of St. Albert, the Municipal District of Sturgeon and the Edmonton Regional Planning Commission as lands designated for urban residential use. Use of the lands for urban purposes cannot be obtained under their rural administration. (2) The applicant's lands appear to the Board, on the basis of the engineering evidence filed, to be serviceable at today's ''economical' rates, from the town's utility systems either existing, expanded, new or to be built. The expanded water, sanitary sewer and sewer treatment facilities are required in the town without any land annexation and are designed to serve the applicant's lands, if and when they are developed. Withholding of the granting of the annexation application on the grounds of the town's 'non-resolution' of its water and sewer problems is -not a strong argument, in the Board's opinion because (a) 'annexation', as the Board has so many times stated, does not mean development or 'use' of the annexed territory until the town council decides to let the developer hook onto the town's utility systems; and (b) continued population growth within the present town limits and utility expansion to new subdivisions within the present limits indicate to the Board, when weighed alongside the town's capital programs for sewer and water expansion, that the town plans to serve the area. The location of the new major sanitary trunk sewer passing through the annexation territory will be of some economic advantages, if and when the area is developed. (3) The 'applicants established to the Board's satisfaction that the subject territory would be needed by the town for residential develop ment well within a twenty year planning period a period which the Board has used, along with many planning authorities, as good long range' planning. On the basis of evidence presented and actual development in the town in the past eighteen months, it is the Board's opinion that the town's inventory of residential land (vacant serviced lots and un developed lands) is perhaps about one-half of the town's estimated eleven or twelve years' supply. This, to the Board, seems an inadequate long range supply of land for residential development in the town. 1670

6 THE ALBERTA GAZETTE, JULY 31, 1974 In this regard, the applicant's approach has been that he has the right under the Act, to petition for annexation of land to the town; with or without support of the town and other authorities on the basis of the town's long range iand supply requirement. (4) The applicant established that he has need of the town admin istration through annexation to.accomplish eventual final planning and development of the University Heights subdivision as appears en visioned in the unaccepted outline plan of the area. (5) The Board does not support the town's submission that the new neighborhood (University Heights) (or other areas) should not be annexed until the town's present neighborhoods are well filled. The Board simply is of opinion that a vibrant urban municipality like St. Albert should have under its direct planning control a twentyyear residential land supply. (6) The Board does not agree with the town that the annexation should be refused because the town is not prepared to service the area. Annexation does not bring this obligation upon the town but, when the new trunk sanitary sewer traverses the land and a conceptual outline plan gets approval in principle for the area as far back as December, 1970, it seems to the Board that we should not use "the servicing matter" as one for refusing to bring the lands into the town. (7) The Board is convinced that the developers of any annexed territory to the Town of St. Albert including the University Heights area bring upon the town added costs for fire protection, police protection, roads, schools, school busing, etc. at the time the council decides to allow development of the area. Surely, the Board cannot accept that the added costs of such services in the undeveloped annexation area are of "anti-annexation" significance and, in any event, the town routed the new sewer line through the area of its own accord. (8) The Board and the Edmonton Regional Planning Commission also differ as to the need for land by the town for residential develop ment and the time in which additional land will be required. The Planning Commission seems happy to leave the needed lands outside the town limits under Agricultural General Urban Reserve until imminent development. The Board, as we discussed at (3) above favours early and direct annexation control of a twenty-year residential land supply for the town. (9) Concerning the Ring Road and the North West Freeway matter raised by the Edmonton Regional Planning Commission, the Board, is confident, that the town council will review this issue when it makes a decision as to when University Heights should be developed. It is ordered therefore as follows: I. That there be annexed to the Town of St. Albert in the Province of Alberta and thereupon be separated from the Municipal District of Sturgeon No. 90 the territory described on schedule "B" attached to and forming a part of this Order. (A sketch showing the general location of the annexed lands is attached as schedule "A".) 1671

7 THE ALBERTA GAZETTE, JUJ.Y SI,.HIT! II. Any taxes owing to the Municipal District of Sturgeon No. 90 as.at December 31, 1974 in respect of the aforementioned annexed properties shall transfer to and become payable to the Town of St. Albert, together with the amount of any lawful penalties and costs levied thereon in respect of such taxes; however, upon the Town of St. Albert collecting any or all of the said taxes, penalties or costs, such collections shall forthwith be paid by the town to the Municipal District of Sturgeon No. 90. III. The assessor for the Town of St. Albert shall for taxation purposes in the year 1975 re-assess or re-value the annexed lands and assessable improvements thereon so that the assessment or valuation thereof shall b'e fair and equitable with other lands and assessable improvements in the town. IV. The chief provincial assessor, appointed pursuant to the pro visions of The Municipalities Assessment and Equalization Act, shall for taxation or grant purposes commencing in the year 1975, 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 Town of St. Albert, so that the assessment or valuation shall be fair and equitable with properties of a similar nature. V. The effective date of this Order shall be the 1st day of January, Dated and signed at the City of Edmonton, in the Province of Alberta, this 27th day of June, Certified.a true copy, B. CLARK (Secretary). LOCAL AUTHORITIES BOARD, C. G. MACGREGOR (Chairman). I. MORRIS (Member).,1672

8 THE ALBERTA GAZETTE, JULY 31, 1974 SCHEDULE "A" A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS AFFECTED BY ORDER No EFFECTIVE DATE: JANUARY J, 1975 [llsgjj AFFECTED AREA(S) 1673

9 1 SCHEDULE "B" Detailed description of lands proposed to be annexed to Town of St. Albert, Alberta and Actually ordered to be annexed to Town of St. Albert, Alberta pursuant to provisions of Local Authorities Board Order No Firstly: River lot 41 in the St. Albert Settlement, in the Province of Alberta, Canada, as shown on a plan of survey of the said settlement signed at Ottawa on the 7th day of October, 1910 containing two hundred and sixty-five (265) acres, more or less. Excepting thereout All of block A as shown on registered plan of subdivision plan 3894 R.S. in the said lot 41 of the St. Albert Settle ment containing one hundred and one and ninety-two hundredths (101.92) acres, more or less. Secondly: River lot 42 in the St. Albert Settlement in the Province of Alberta, Canada, as shown on a plan of survey signed at Ottawa on the 7th day of October, 1910 containing sixty-nine and seven tenths (69.7) acres, more or less. Thirdly: River lot 43 in St Albert Settlement in the Province of Alberta, Canada, as shown on a plan of survey of the said settlement signed at Ottawa on the 30th day of August, 1913 containing two hundred and five and fifty hundredths (205.50) acres, more or less. Fourthly: River lot 44 in the St. Albert Settlement, in the Province of Alberta. Canada, as shown on a plan of survey of the said settlement, signed,at Ottawa on the 30th day of August, 1913 containing one hundred and thirty-eight and thirty hundredths ( ) acres more or less. Fifthly: River lot 45 in the St. Albert Settlement in the Province of Alberta, Canada, as shown on a plan of survey of the said settlement, signed at Ottawa on the 7th day of October,.1910 containing one hundred and forty-eight (148) acres, more or less.