contained within the limits of the Town of Leduc, Alberta, and which

Transcription

1 THE ALEERT-\ GAZETTE, MAY ORDER No File: L.A. 66-A(6) Tn the matter of The Municipal Government Act: Before: The Local Authorities Board for the Province of Alberta And in the matter of an appli cation by the registered owners of part of the north-west quarter of section 25; township 49, range 25, west of the fourth meridian for annexation of the said territory to the Town of Leduc, Alberta. Pursuant to a petition from (1) Clarence E. Brown of Leduc, registered owner of all that portion of the north-west quarter of section 25, township 49, range 25, west of the fourth meridian, in the Province of Alberta, which is not covered by the waters of Telford Lake and which is not presently contained within the limits of the Town of Leduc, Alberta, and which comprise some one hundred and twenty-two and thirty-two hundredths (122.32) acres, more or less, as described in certificate of title Number 93-D-217; and (2) Romulus Holdings Ltd., developer, assignees of Denis J. Home and Gordon F. Gaetz, applying for annexation of the aforedescribed territory to the Town of Leduc, Alberta, the Board conducted a public hearing of the matter in the Town of Leduc on Friday, October 26, The applicants were represented by Mr. Denis Home of Messrs. Duncan & Craig, Barristers and Solicitors, Edmonton who called as a witness, Mr. Don Grimble, P. Eng., of L. G. Grimblo & Associates, Ed monton and Calgary. The County of Leduc No. 25 was represented by Counsel Ernest J. Walter of Messrs. Brownlee, Fryett Sz Co., Barristers and Solicitors, Ed monton, who had in attendance Secretary-treasurer Fred A. Rolof. Executive Director Norman GifFen, M.T.P.I.C, and Planner Felix Michna represented the Edmonton Regional Planning Commission. The Federal Ministry of Transport was r presented by Larry R. Rodewolt of the Civil Aviation Branch, Edmonton. Mr. Gary Hartman, P. Eng., represented Alberta's Land Conservation and Reclamation Division, Department of Environment. The applicants represented that the territory should be annexed to the Town of Leduc for the following general reasons: (1) The territory immediately adjoins the recently annexed south west quarter of section 25, township 49, range 25, west of the fourth meridian to the south and will provide a natural continuity of road access from the general south-east area to the Town's business area and the proposed open space/recreation area as well as providing by its annexation, a desirable unified administration in the area. It also lies immediately adjacent to developed town properties. (2) About 45 to 59 acres of the area is in the below 35 Noise Exposure Forecast Zone as identified by Central Mortgage and Housing Corporation in its publication "New Housing and Aircraft Noise, 1972" and will be developed for needed single-family residence purposes at a density of fifteen persons per acre. 1141

2 THE ALBERTA GAZETTE, MAT 31, 1974 Houses will be insulated to meet the requirements of C.M.H.C. lor obtaining loans. (3) Development by the applicant will proceed on the basis of filling in existing town neighborhoods to the west and rounding out proposed neighborhoods which will be developed in the south-west quarter of section 25, township 49, range 25, west of the fourth meridian to the south. (4) The remaining 72 to 77 acres of the territory in the over 35 N.E.F. zone is proposed to be used for low-intensity recreational uses and as open space. This area bordering on Telford Lake is a particularly desirable amenity for the balance of the development and the town. (5) The whole area drains towards Telford Lake naturally and is readily serviceable by hook-up to the town's adjacent sanitary sewage lift station. Installation of water services from the town's facilities should present no problem. The Town of Leduc supported the annexation on the grounds of urgent need for additional lands for its rapid expansion. The town's policy requires that the developer must service the land he develops at his own cost. In respect to the north-west quarter of section 25, development ap lications would be considered by the town upon consideration of appropriate compatible land-use studies which are available from the Edmonton Regional Planning Commission and the Ministry of Transport. The County of Leduc No. 25 opposed the granting of the application for the following general reasons: (1) Residential development is proposed above the 30 N.E.F. zone in the north-west quarter of section 25, which action will cause additional noise complaints to the International Airport and loss of outside en joyment of the property for the unfortunate householders. (2) This application is not the most desirable of those before the Board and the comments of the Edmonton Regional Planning Commission thereto, as in other instances of (Leduc) annexation applications before the Board are most valid. The Edmonton Regional Planning Commission representatives sub mitted "... that the commission had no opposition to annexation applications which would meet the legitimate needs of the town but feels that the application (including the north-west quarter of section 25, township 49, range 25, west of the fourth meridian) which have been made or are being considered, have not all been studied in sufficient depth to determine the legitimate growth pattern of the town, taking into consideration transportation needs, servicing needs and other factors. The commission's unadopted "Report on Future Growth Town of Leduc Revised to Airport 1973", saw as an advantage to annexation of the quarter section to the town: "... (a) provides an outlet to Telford Lake and potential for lowintensity open space recreation use;" while the reports lists as a disadvantage to the quarter's annexation: "... (a) Severe constraints with respect to noise from Edmonton International Airport. Minimum development of any type permitted". 1142

3 THE ALBERTA GAZETTE, MAY Board Note: Residential development is permitted under C.M.H.C. Regulations and borrowings may be arranged in the 45 to 50 acres of the north-west quarter of section 25 which is estimated to be within the 30 to 35 N.E.F. zone, provided required building insulation requirements are undertaken, and subject to necessary subdivision approvals. No residential development is proposed or permitted in the remain ing 72 to 77 acres proposed for annexation. Being mostly in the above 35 N.E.F. zone, it is to be for outdoor-recreational use generally. Mr. Larry Rodewolt. Civil Aviation Branch, Ministry of Transport, Edmonton, advised the Board that residents in the 30 to 35 N.E.F. zone of the north-west quarter of section 25 would be subject to aircraft noise interfering with certain (outdoor) activities even though the houses were insulated and the tenants were advised of the "constraint" as was recommended in the planning guide entitled "Land Use in the Vicinity of Airports S-72-8 Revised 1972" published by the Canadian Air Transportation Administration, Ministry of Transport. Mr. Gary Hartman, P. Eng., Department of Environment, Land Conservation and Reclamation Division cautioned developers and users of Telford Lake in respect to the recreational capability of the lake due to its size and shape. He also spoke of a possible land use conflict if a railroad relocation were to affect this quarter section with recreational and residential developments. After considering all the evidence that has been placed before it, the Board has reached the following substantial conclusions in respect to the application: (1) The lands sought for annexation to the town and comprising some one hundred and twenty-two and thirty-two hundredths (122.32) acres, more or less, in the north-west quarter of section 25, township 49, range 25, west of the fourth meridian should be annexed to it in order that the Town of Leduc should have a continuity c E administrative, road and municipal utility service jurisdiction extencung from the south west quarter of section 25, township 49, range 25, west of the fourth meridian and the north-east quarter of section 26, township 49, range 25, west of the fourth meridian where necessary through the north-west quarter of section 25, township 49, range 25, west of the fourth meridian. "While there is residential development proposed on 45 to 50 acres of the quarter section in the 30 to 35 N.E.F. zone to "round-out" existing and proposed residential neighborhoods in the general area (north west quarter of section 25 and south-west quarter of section 25, the additional development, being to the south of the extension of the centre line of International Airport's runway 11/29, will not be so severe a constraint as would be a residential development to the north side of the runway's centre line. (2) The lands are readily serviceable by the town's municipal utility services and enjoy access to Telford Lake's shoreline and are within walking distance of the town's business core. It is ordered therefore as follows: I. That there be annexed to the Town of Leduc in the Province of Alberta and thereupon be separated from the County of Leduc No. 25 the territory described hereunder: "All that portion of the north-west quarter of section 25, town ship 49, range 25, west of the fourth meridian, which is not covered 1143

4 THE ALBEHTA GAZETTE, MAY 31, by any of the waters of a certain surveyed lake as shown on a plan of survey of the said township signed at Ottawa on the 29th day of December, ISOti and not presently within the boundaries of the Town of Leduc." (A sketch showing the general location of the annexed lands is attached as Schedule "A" to this Order.) II. That any taxes owing to the County of Leduc No. 25 as at Decem ber 31, 1973, in respect of the aforementioned annexed property shall transfer to and become payable to the Town of Leduc, together with the amount of any lawful penalties and costs levied thereon in respect of such taxes; however, upon the Town of Leduc collecting any or all of the said taxes, penalties or costs, such collections shall forthwith be paid by the town to the County of Leduc No. 25. III. That the assessor for the Town of Leduc shall for taxation purposes in the year 1974, re-assess or re-value the annexed lands and assessable improvements thereon which are by this Order annexed to the town, so that the assessment or valuation thereof shall be fair and equitable with other related lands and assessable improvements in the Town of Leduc. 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 1974, re-assess or re-value, as the case may be, all properties that are assessable or sub ject 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 Leduc, 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 shall be the 1st day of January, VI. Dated and signed at the City of Edmonton, in the Province of Al berta, this 3rd day of May, LOCAL AUTHORITIES BOARD, Certified a true copy, B. CLARK, Secretary. C. G. MACGREGOR, Chairman, I. MORRIS, Member. 1144

5 THE ALBERTA GAZETTE, MAY SCHEDULE "A" A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS AFFECTED BY ORDER No EFFECTIVE PATE: JANUARY /, 1974 Iflllfl) AFFECTED AREA(S) LEDUC TP 49 R. 25 W. 4 M. 1145