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THE ALBERTA GAZETTE, MAY 31, 1974
ORDER No. 6915
Before:
The Local Authorities Board for
the Province of Alberta
File: LA. 66-A(7)
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 lying south easterly and
immediately adjacent to the Town
of Leduc, Alberta petitioning for
annexation of the said territory
to the said town.
Pursuant to an application by the majority of the registered owners
of the territory described at Schedule "B" attached to this Order and
which territory lies immediately adjacent to the Town of Leduc, Alberta, petitioning for annexation of the said territory to the Town of
Leduc in the Province of Alberta and its separation from the County of
Leduc No. 25, the Board held a pubb'c hearing of the matter in the
Town of Leduc on Wednesday, January 16th, 1974.
Representing the petitioners was their counsel, Mr. G. Edward
Trott of Messrs. White, Trott, White — Barristers and Solicitors, Ed
monton, who had in attendance Mr. Wai Chui, P. Eng., Land Develop
ment Manager, Qualico Developments Ltd.; Mr. John Sribney, B.Sc.,
Vice President, Qualico Developments Ltd.; Mr. Frar'; DuseL B.Sc, P.
Eng., Vice President, Stanley Associates Engineering Ltd.; Mr. K. A.
Mcllish, B.Sc, P. Eng., Project Manager, Stanley Associates; and Planner,
Larry Newton, B.A., M.C.P. of the same engineering firm.
The Town of Leduc was represented by Mr. Lloyd Daviduck, P. Eng.
of Associated Engineering Services Ltd. with Mayor Win. Lede, coun
cillors Alexander, Berube and Aponiak and Secretary-treasurer Wm.
Bell and Assistant Secretary-treasurer Littman also in attendance.
The County of Leduc No. 25 was represented by Counsel Ernest J.
Walter of Messrs. Brownlee, Fryett & Company, Barristers and Solici
tors, Edmonton who had in attendance Mr. Ken Pinkoski, development
officer for County of Leduc No. 25.
Mr. D. D. Kuchinski, traffic planning engineer, Department of
Highways and Transport appeared on behalf of his department.
Planner F. W. Michna represented the Edmonton Regional Planning
Commission.
The Department of Environment was represented by Mr. Fred
Schulte, Land Conservation Division.
The Transport Research and Development Division, Department
of Industry ■ and Commerce, A'.bcrta was represented by Mr. Glen
Wagmari.
Mr. Don Perrin of Alberta Government Telephones attended the
hearing as representative for that agency.
The Federal Department of Transport was not represented at the
public hearing having advised the Board by letter dated December 20,
1973, that developments in the area proposed for annexation would not
affect present or probable future aircraft operations at the Edmonton
International Airport.
1146
THE ALBERTA GAZETTE, MAY 31, 1974
Qualico Developments Ltd., developers of the proposed annexationarea in section 24 submitted that a shortage of single family lots existedin the Edmonton area and that since 1969 when the firm was primarilya builder of single-family dwellings, it had expanded into constructionof multi-type family dwellings for rental for lower income familiesand into land development, brought on as a necessity in order to ensurethe required continuity and volume in supply of lots for single-family
dwellings.
Qualico submitted that it attempted to reach a specific segment ofthe housing market — the single-family dwelling segment — whereincome range approximated $8,000 to $9,000 per annum — and itshouses sold in the range of $23,500 to $32,000 — average $26,000 — ascompared with the company's $35,000 selling price in Edmonton, whichlatter price range more or less eliminated the specific $8,000 to $9,000
income range.
It estimated that the northwest quarter of section 24 lots — thearea first proposed for development — would sell for from $6,500 to$7,000, at least $1,000 under Edmonton Mill Woods' lots, if the annexation is granted and that it would have homes under the $30,000 saleprice available on the northwest quarter of section 24 in late 1974 or
early 1975.
Qualico sold 65 homes in Leduc in 1973 and expects to sell 100homes in Leduc in 1974 if lots become available to it.
Section 24, township 49, range 24, west of the fourth meridian wasdeemed by Qualico a desirable site for housing development for the
following general reasons:
(1) It does not affect the viability of Edmonton International
Airport.
Only about one percent of the total area (northeast quarter ofsection 24) lies within the 30 to 35 noise expose forecast zone, as iden
tified by Central Mortgage and Housing Corporation, and this land
will be a small park area.
About forty-eight percent of the area lies in the 25 to 30 N.E.F.zone — or "lower" noise zone, where adequate sound insulation is recommended. In the upper one-third of this zone such insulation is re
quired to obtain C.M.H.C. financing.
Board Note: In the remaining approximately fifty-one percent of
section 24 lying beyond the 25 N.E.F. line (on its lower side) there are
no insulation requirements.
(2) It does not infringe on the 30 N.E.F. zone limit for residentialdevelopment which is suggested as a desirable practice by the Edmonton Regional Planning Commission;
(3) C.M.H.C. borrowing is available to the developer in the area;
(4) The area adjoins existing nearby town development (and landto be developed — Melton) so that it is not necessary to bring inservices across land that is not serviced. Its development will reinforce
ithe town's urban core;
(5) The Edmonton Regional Planning Commission's Report on
Future Growth — Town of Leduc, recommends the major direction of
growth for the town to be towards the south and southeast and includes
section 24 in its report as an annexation/growth area;
1147
THE ALBERTA GAZETTE, MAY 81. 1974
(6) The market demand for single family dwellings in Leduc (andin the other outlying communities surrounding Edmonton) appear
buoyant for the next five or six years based on the performance ex
perienced in the previous parallel period.
Qualico expects a fifty percent increase in demand for single familyaccommodation in Leduc over the next six years.
(7) The land with Class 4 soil rating — marginally useful for agri
culture — is presently primarily under cultivation and presents no
significant development problems. Tree growth will be retained where
possible for aesthetic purposes in development plans.
(8) Road access to section 24 is provided by Rollyview Road onthe north limit of section 24 and the grid road on the east boundary.
Rollyview Road (secondary Provincial Highway No. 623) connects
to the town's centre and to Edmonton by Highway No. 2.
The town has indicated that there is a proposal to establish a majoraccess to the town centre by means of an arterial roadway connecting
Rollyview Road junction with the north/south quarter line of section24 — approximately at the centre of the proposed development on the
north boundary.
Also, in future, the Department of Highways and Transport has
indicated that access from section 24 to Highway No. 2A can be pro
vided at the south limit of section 24.
(9) The present at-grade rail crossing at Rollyview Road is estimated to serve an additional population of about 3,500 (equivalent ofthe northwest quarter of section 24 fully developed) with relatively
minor peak-hour crossing delays (one of four to five minutes daily
and two of less than a half minute daily).
When the whole outline plan is developed — some 2,400 lots —
with the widening of Rollyview Road to four lanes (and its possiblerailroad grade separation) in the initial development stage, i.e. north
west quarter of section 24 and the use of the other two rail crossings,
i.e. 46th and 50th Avenues, in conjunction with the north/south arterial
connecting the centre of the project to the southwest quarter of sec
tion 25 and thence to the town centre, and the east/west arterial at
the south limit of section 24 connecting the development to Highway
No. 2A and hence to Highway No. 2, the number of vehicles affected
by delays would still be fairly low at peak-hour traffic periods. Most
persons would re-schedule their journeys in this period to overcome
the three to five minute delays.
Relocation of the existing rail crossings should be considered by
the town as the southeast area develops. Relocation of the railway
could also be considered.
(10) The area is proposed for development in three stages or neigh
borhoods — the first comprising some two hundred and twenty-seven
(227) acres in the west half of section 24 to hold a population of about
4,400 at a density per gross acre of 19.5; the second neighborhood inthe northeast quarter of section 24 will hold some 3,700 people; and the
third neighborhood some 5,200 persons at a gross density of 23.9 per acre.
A community commercial centre of three (3) to five (5) acres in
size is proposed for the middle of the project area; along with a junior
high school site and church site.
Neighborhood centres will include local stores, schools, parks, play
grounds and community facilities.
1148
THE ALBERTA GAZETTE, MAY 31, 1974
(11) The area is readily accessible by the town's utility services or
extensions thereto:
(a) The town's proposed 1.5 million gallon water storage reservoirwill provide adequately for a population of 13,500 — sufficient to
cover the proposed initial development stage.
Connection to the town system is available directly adjacent atSouth Park Drive and 44th Street with a further connection requiredfrom section 25 area at a later date.
(b) Sanitary sewerage can be connected to the town's system atSouth Park Drive and 44th Street or by means of a new trunksewer system leading directly to the existing treatment facility.
These alternatives are dependent upon the study of the town'ssanitary sewerage system now being undertaken by the town with the
Department of Environment.
(c) Storm drainage may be to the existing drainage ditch to thenorth of the project area adjacent to the C.P.R. right-of-way or
all or a portion of the area could be drained to Telford Lake
by way of the road allowance on the east side of section 24.
The Town of Leduc supported the annexation of the lands in sec
tion 24 and section 23 on the following general grounds:
(1) The town urgently requires additional lots for residential
development, it being predicted that the present supply will be ex
hausted by mid 1974.
At December 31, 1973 there were about 239 residential lots available in the town, in 1973 531 single family dwelling permits were issued
and in addition, 20 suite permits.
(2) The town has a policy of requiring developers to provide for
all on-site services and to participate in paying for off-site services
and upgrading of municipal facilities requiring enlargement or ex
pansion.
(3) The town favours the annexation of the southwest quarter of
section 25, township 49, range 25, west of the fourth meridian to the
town (Board note: the subject of a separate application to the Board)
along with the present annexation area in order that the southwest
quarter of section 24's development is not isolated from other town
development or proposed development.
(4) The town sees its continued steady residential growth by
reason of almost forty-three percent of its employed working in Leduc
town or at the Edmonton International Airport.
(5) Respecting utility extensions to the annexation area, the town
advised the Board that:
(a) Water supply, with the recent awarding of a contract for con
struction of the town's 1.5 million gallon treated water storage
reservoir schedule to go on stream by August, 1974, appears
to" be no major problem;
(b) Storm drainage would likely tie into the Telford Lake system;
(c) Sanitary sewerage disposal — a major development problem
with the town — is presently being discussed and negoti
ated with the Department of Environment tb accommodate
the long-term requirements of the expanded town; and the
proposed annexation area. -
1149
THE ALBERTA GAZETTE, MAY 81, 1974
(6) The town respects the constraints of the railway, the high
way and the International Airport to whatever extent they may affect
the applicants' lands and considers that sound planning of the area is
a requirement in the development of the lands.
The Department of Highways and Transport, while not objecting
to the granting of the application, suggested that the introduction of
some 12,000 people at section 24 would call for some improvement of the
main highway and intersections; the upgrading of Rollyview Road to
four lanes and the construction of a grade-separated railway crossing
in town to serve the southeast area.
Mr. Kuchinski also inquired as to the probable effectiveness of the
proposed one hundred (100) foot buffer-strip noise belt extending along
the railway and highway to the west of section 24.
The Edmonton Regional Planning Commission's Report on Future
Growth — Town of Leduc — August, 1973 listed the advantages and
disadvantages of annexation of section 24 to the town as follows:
Advantages
(a) no significant constraints
with respect to interference
from airport;
(b) no infringement on good
agricultural land;
(c) access potential onto High
way No. 2 southern inter
change relatively good.
Disadvantages
(a) distance to main commer
cial, retail and civic area
of downtown over two miles
at furthest point;
(b) good transportation arterial
will be required to facilitate
linkage between area and
downtown;
(c) no intensive studies with
respect to ability to service
area yet known;
(d) possible soil corrosion prob
lems;
(e) sewage treatment facilities
(problem requires resolu
tion);
(f) rail crossings a severe con
straint.
The Department of Environment's representative was of the opinion
that developments, to be effective in reducing noise from railroads
and highways, would have to have a buffer zone of at least five hundred
(500) feet rather than the one hundred (100) foot zone that was pro
posed in the section 24 development.
The department's policy respecting surface run-off or storm sewer
systems in the general area is that design shall be so as to cause no
increase in the normal flow to the Black Mud or White Mud Creeks.
The County of Leduc No. 25 represented -that its policy did not
favour expansion of the Town of Leduc to the east and that, therefore,
it opposed the granting of the present application.
Mr. Nelwin F. Peterson, owner of two small parcels of land1 in the
east half of section 23, township 49, range 25, west of the fourth
meridian filed a written brief with the Board requesting consideration
for continued access to his land in event of the town's developmentof the adjoining sanitary land fill site into a recreational use.
1150
THE ALBERTA GAZETTE, MAT 31, 1974
After considering all the evidence that was presented to it, the
Board has reached the following substantial conclusions:
(1) The town has need of additional residential lands and should,
for potential home purchasers, provide a choice of neighborhoods.
Section 24, with its development capacity of some 12,000 to 15,000
persons has this long-range capability and should, therefore, be annexed
to the town.
The residential environment should provide a viable economic
alternative to the west annexation area as well as to Edmonton.
(2) The lands in section 24 are relatively flat, easy to service and
accessible from Rollyview Road and connections thereto and from
other accesses that are or will be provided as development warrantsand as all necessary town planning, highway and Canadian Transport
Commission approvals are obtained.
(3) The lands are away from the "high" and "medium" noise
zones of the Edmonton International Airport; only 48 percent of section
24 is even affected by the "lower" noise zone, i.e. 25 to 30 N.E.F.
These facts add a desirability to the general area — particularly
•the 51 percent or under 25 N.E.F. zone — for urban residential living.
(4) The lands (northwest quarter of section 24) adjoin properties
(southwest quarter of section 25) which are logical extensions of exist
ing developments (southeast quarter of section 26) in the town, assuring
optimum transportation linkages to the urban core—thus reinforcing it.
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 on Schedule "B" attached and forming part
of this Order. A sketch showing the general location of the annexed
lands is i. .iached as Schedule "A" to this Order.
II. That any taxes owing to the County of Leduc No. 25 as at
December 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 pur
poses in the year 19T4 re-assess or re-value the annexed lands and
assessable improvements thereon so that the assessment or valuation
thereof shall be fair and equitable with other related lands and assess
able improvements in the town.
IV. That the chief provincial assessor appointed pursuant to the
provisions of The Municipalities Assessment and Equalization Act,
shall for taxation or granting purposes commencing in the year 1974,
re-assess or re-value, as the case may be, all properties that are assess
able or subject to valuation under the terms of The Electric Power
and Pipe Line Assessment Act and The Municipal and ProvincialProperties Valuation Act, and which lie within the areas that are by
this Order annexed to the Town of Leduc, so that the assessment orvaluation shall be fair and equitable with properties of a similar nature.
1151
THE ALBKUTA GAZETTE, MAT 31, 1974
V. That the effective date of this Order shall be the 1st day ofJanuary, 197-1
VI. Dated and signed at the City of Edmonton, in the Province of
Alberta, this 3rd day of Mayf 1974.
LOCAL AUTHORITIES BOARD,
C. G. MACGREGOR, Chairman,
Certified a true copy,
B. CLARK, Secretary.
SCHEDULE "A"A SKETCH SHOWING THE GENERAL LOCATION
OF THE AREAS AFFECTED BY ORDER No. 6915
EFFECTIVE DATE: JANUARY I, 1974
AFFECTED AREA(S)
LEjDUC
TP. 49 R. Z5W.4M
1-152
THE ALBERTA GAZETTE, MAY 81. 1974
SCHEDULE "B"
TO BOARD ORDER NO. 6915
A DETAILED DESCRIPTION OF TERRITORY
SOUGHT FOR ANNEXATION; AND ANNEXED
TO THE TOWN OF LEDUC, ALBERTA, PURSUANT TO
LOCAL AUTHORITIES BOARD ORDER NO. 6915
In township 49, range 25, west of the fourth meridian
Firstly: All that portion of the northeast quarter of section 23 de
scribed as follows:
(A) All of the highway and cut off as shown on Road Plan 5205
J.Y. containing eight and seventy-eight hundredths (8.78)
acres.
(B) All that portion of Road Plan 5047 J.Y. designated as extra
right-of-way containing two and sixty-seven hundredths (2.67)
acres.
(C) The Canadian Pacific Railway right-of-way as shown on Plan
7258 B.F. containing six and thirteen hundredths (6.13) acres.
(D) The area described in Certificate of Title No. 253-Q-63 con
taining twenty and fourteen hundredths (20.14) acres.
(E) The area described in Certificate of Title No. 163-V-193 con
taining thirty-seven hundredths (0.37) acres.
(F) AH of the road as shown on Plan 904 N.Y. containing forty-
nine hundredths (0.49) acres, more or less.
Secondly: All that portion of the southeast quarter of section 23
lying east of the northeasterly limit of the Canadian Pacific Railway
Right-of-way as shown on Plan 7258 B.F. and described in Certificate
of Title No. 163-V-193 containing eighteen hundredths (0.18) acres.
Thirdly: All of the north half and the southeast quarter of sec
tion 24.
Fourthly: All that portion of the southwest quarter of section 24,
lying east of the northeasterly limit of the Canadian Pacific RailwayRight-of-way as shown on Plan 7258 B.F. containing one hundred and
forty-nine and ninety-two hundredths (149.92) acres, more or less.
Fifthy: All of the east-west government road allowance adjoining
the north boundary of section 24; All that portion of the east-west
government road allowance adjoining the north boundary of the north
east quarter of section 23 not presently within the limits of the Town
of Leduc; All of the government road allowance adjoining the west
boundary of the northwest quarter of section 24; All that portion of
the government road allowance adjoining the west boundary of the
southwest quarter of section 24 lying north of the northeasterly limit
of the railway as shown on Plan 7258 B.F. together with the inter
section between the northeast quarter of section 23 and the northwest
quarter of section 24.
1153