IN the MATTER of the Municipal Government Act Being Chapter M-26 of the Revised Statutes of Alberta 2000 (Act)

BOARD ORDER: MGB 012/16 FILE: AN13/BEAU/T-01 IN THE MATTER OF THE Municipal Government Act being Chapter M-26 of the Revised Statutes of Alberta 2000 (Act). AND IN THE MATTER OF an application by the Town of Beaumont, in the Province of Alberta, to annex certain territory lying immediately adjacent thereto and thereby its separation from Leduc County. BEFORE: Members: H. Kim, Presiding Officer M. Axworthy, Member T. Golden, Member R. McDonald, Member W. Kipp, Member Secretariat: R. Duncan, Case Manager C. Miller Reade, Case Manager SUMMARY After examining the submissions from the Town of Beaumont, Leduc County, the City of Edmonton, the City of Leduc, affected landowners, and other interested parties, the Municipal Government Board (MGB) makes the following recommendation for the reasons set out in the Board report, shown as Appendix D of this Board Order. Recommendation That the annexation be approved in accordance with the following: The Lieutenant Governor in Council orders that (a) effective January 1, 2017, the land described in Appendix A and shown on the sketch in Appendix B is separated from Leduc County and annexed to the Town of Beaumont, (b) any taxes owing to Leduc County at the end of December 31, 2016 in respect of the annexed land and any assessable improvements to it are transferred to and become payable to the Town of Beaumont together with any lawful penalties and costs levied 120annexorders:M012-16 Page 1 of 93 BOARD ORDER: MGB 012/16 FILE: AN13/BEAU/T-01 in respect of those taxes, and the Town of Beaumont upon collecting those taxes, penalties and costs must pay them to Leduc County, (c) the assessor for the Town of Beaumont must assess, for the purpose of taxation in 2017 and subsequent years, the annexed land and the assessable improvements to it, and makes the Order in Appendix C. Dated at the City of Edmonton, in the Province of Alberta, this 16th day of March 2016. MUNICIPAL GOVERNMENT BOARD (SGD.) H. Kim, Presiding Officer 120annexorders:M012-16 Page 2 of 93 BOARD ORDER: MGB 012/16 FILE: AN13/BEAU/T-01 APPENDIX A DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM LEDUC COUNTY AND ANNEXED TO THE TOWN OF BEAUMONT ALL THAT PORTION OF SECTION ONE (1), TOWNSHIP FIFTY-ONE (51), RANGE TWENTY- FOUR (24) WEST OF THE FOURTH MERIDIAN NOT WITHIN THE TOWN OF BEAUMONT. ALL THAT PORTION OF SECTION TWO (2), TOWNSHIP FIFTY-ONE (51), RANGE TWENTY- FOUR (24) WEST OF THE FOURTH MERIDIAN NOT WITHIN THE TOWN OF BEAUMONT. THE SOUTHEAST QUARTER OF SECTION THREE (3), TOWNSHIP FIFTY-ONE (51), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN. SECTION THIRTY-THREE (33), TOWNSHIP FIFTY (50), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN. THE NORTH HALF OF SECTION TWENTY-EIGHT (28), TOWNSHIP FIFTY (50), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN. ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP FIFTY (50), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN LYING NORTH OF THE NORTH BOUNDARY OF PLAN 802-1108 AND NORTH OF THE PROJECTION WEST OF THE NORTH BOUNDARY OF PLAN 802-1108. ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP FIFTY (50), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN LYING NORTH OF THE NORTH BOUNDARY OF PLAN 6371NY. THE NORTH HALF OF SECTION TWENTY-TWO (22), TOWNSHIP FIFTY (50), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN INCLUDING ALL THAT LAND LYING NORTH OF SAID HALF SECTION AND SOUTH OF THE SOUTH BOUNDARY OF THE TOWN OF BEAUMONT. THE NORTH HALF OF SECTION TWENTY-THREE (23), TOWNSHIP FIFTY (50), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN INCLUDING ALL THAT LAND LYING NORTH OF SAID HALF SECTION AND SOUTH OF THE SOUTH BOUNDARY OF THE TOWN OF BEAUMONT. THE NORTH-SOUTH ROAD ALLOWANCE ADJOINING THE WEST BOUNDARIES OF THE NORTHWEST QUARTER OF SECTION TWENTY-FOUR (24), TOWNSHIP FIFTY (50), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN AND THE SOUTHWEST QUARTER OF SECTION TWENTY-FIVE (25), TOWNSHIP FIFTY (50), RANGE TWENTY-FOUR (24) WEST OF THE FOURTH MERIDIAN. 120annexorders:M012-16 Page 3 of 93 BOARD ORDER: MGB 012/16 FILE: AN13/BEAU/T-01 APPENDIX B A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS ANNEXED TO THE TOWN OF BEAUMONT Legend Existing Town of Beaumont Boundary Annexation Area 120annexorders:M012-16 Page 4 of 93 BOARD ORDER: MGB 012/16 FILE: AN13/BEAU/T-01 APPENDIX C ORDER 1 In this Order, "annexation area" means the land described in Appendix A and shown on the sketch in Appendix B. 2(1) For the purposes of taxation in 2017 and in each subsequent year up to and including December 31, 2067, the annexed land and the assessable improvements to it must be taxed by the Town of Beaumont using (a) the municipal tax rate established by Leduc County, or (b) the municipal tax rate established by Town of Beaumont, whichever is lower, for property of the same assessment class. (2) For taxation purposes in 2017 and subsequent years up to and including December 31, 2067, the annexed land and assessable improvements to it must be assessed by the Town of Beaumont on the same basis as if they had remained in Leduc County. 3 Where, in any taxation year, a portion of the annexed land (a) becomes a new parcel of land created (i) as a result of subdivision, (ii) as a result of separation of title by registered plan of subdivision, or (iii) by instrument or any other method that occurs at the request of or on behalf of the landowner, except where the subdivision of the parcel is from a previously un-subdivided quarter section that is in use for farming purposes at the time of subdivision, or (b) is redesignated at the request of or on behalf of the landowner, under the land use bylaw in effect at the time for the Town of Beaumont, to a land use designation other than the land use designation that was in effect for that portion immediately before January 1, 2017, section 2 ceases to apply at the end of that taxation year in respect of that portion of the 120annexorders:M012-16 Page 5 of 93 BOARD ORDER: MGB 012/16 FILE: AN13/BEAU/T-01 annexed land and assessable improvements to it. 4 After section 2 ceases to apply to the annexed land or a portion of it, the annexed land or portion and assessable improvements to it must be assessed and taxed for the purposes of property taxes in the following year in the same manner as other property of the same assessment class in the Town of Beaumont is assessed and taxed. 120annexorders:M012-16 Page 6 of 93 BOARD ORDER: MGB 012/16 FILE: AN13/BEAU/T-01 APPENDIX D MUNICIPAL GOVERNMENT BOARD REPORT TO THE MINISTER OF MUNICIPAL AFFAIRS RESPECTING THE TOWN OF BEAUMONT PROPOSED ANNEXATION OF TERRITORY FROM LEDUC COUNTY Table of Contents EXECUTIVE SUMMARY ...........................................................................................................10 INTRODUCTION .........................................................................................................................20 PART I – ROLE OF THE MGB....................................................................................................21 PART II – ANNEXATION NOTICE AND APPLICATION CHRONOLOGY ..........................22 PART III – PRELIMINARY PUBLIC HEARING OVERVIEW ................................................23 PART IV – PRE-MERIT HEARING PROCESS AND PROCEDURAL MATTERS .................24 Pre-Merit Hearing Process ..................................................................................................24 Procedural Matters ..............................................................................................................25 Scope of Submissions by the City of Edmonton .................................................................25 Questioning of Witnesses by the City .................................................................................27 Summation and Argument by the City ................................................................................28 PART V - SUMMARY OF MERIT HEARING ...........................................................................28 Application Background ......................................................................................................29 Issues ...................................................................................................................................32 Intermunicipal Cooperation ................................................................................................ 32 Land Requirement .............................................................................................................. 37 Time Horizon ............................................................................................................... 37 Population Projections .................................................................................................. 39 Household Size ............................................................................................................. 43 New and Infill Densities Relative to CRGP Targets .................................................... 44 Residential Land Requirement ..................................................................................... 50 Non-Residential Land ................................................................................................... 52 Gross-up Factors ........................................................................................................... 56 Servicing Considerations .................................................................................................... 58 Transportation Networks

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