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.

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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