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Commencement of Expropriation

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Commencement of Expropriation • Approve the commencement of the Commencement of expropriation process to acquire the interests in land shown on Expropriation Attachment 1 and legally described Blatchford/City Centre in Attachment 2 of the September Redevelopment 19, 2012, Corporate Services report 2012COL006. Recommendation: • Authorize Administration to enter into That Executive Committee recommend agreements pursuant to section 30 to City Council: of the Expropriation Act (Section 30 Agreement) with the owner or That City Council, in its capacity as the owners of any interests outlined in Expropriating Authority under the Attachment 2 of the September 19, Expropriation Act : 2012, Corporate Services report 2012COL006, where the owner is 1. Approve the commencement of the willing to consent to the expropriation expropriation process to acquire the of its interest by the City. interests described in Attachment 2 of the Corporate Services report • At the May 16, 2012, City Council 2013COL004. meeting, Council passed Bylaw 2. Authorize Administration to enter into 16033 - A Bylaw to adopt the City agreements pursuant to Section 30 of Centre Area Redevelopment Plan. the Expropriation Act (“Section 30 Agreement”) with the owner or owners of City Council previously approved any interests described in Attachment 2 commencement of expropriation of the of the Corporate Services report interests in lands located within the 2013COL004, where the owner is willing Edmonton City Centre Airport (“Subject to consent to the expropriation of its Lands”) and described in Corporate interest by the City. Services report 2012COL006. Report Summary Due to circumstances outside of the City Council approval is required to City’s control that expropriation will not commence the expropriation process be able to proceed. City Council or to enter into Section 30 approval is required in order to Agreements with willing parties to commence a new expropriation. acquire the interests described in Attachment 2 of this report. The City of Edmonton is the fee simple owner of lands the Subject Lands shown Report on Attachment 1. The Subject Lands contain about 535 acres (216.54 On October 3, 2012, City Council hectares) and are currently used as both passed the following motion in its an airport with various airport or aviation capacity as the Expropriating Authority related uses and as a site for various under the Expropriation Act : institutional, commercial, and ROUTING – Executive Committee, City Council | DELEGATION – D. Piecowye/ M.Hall February 11, 2013 – Corporate Services 2013COL004 Page 1 of 5 Commencement of Expropriation – Blatchford/City Centre Redevelopment manufacturing uses unrelated to compact built forms and providing aviation. affordable housing. The Area Redevelopment Plan has a target that The right to use, occupy, possess 20% of housing will be affordable. The and/or legally encumber the Subject Subject Lands are planned to be Lands has been given to a number of walkable, transit orientated and persons and/or corporations through supportive of a shift to public transit use leases, sub-leases, licenses, security and active transportation modes. It will interests, utility rights of way, etc. contain an agrihood and is planned to Individually and collectively these be an environmentally sustainable interest holders and/or persons with community with a reduced potential rights of use, occupation, or environmental footprint. possession will be referred to as a “Property Interest(s) or Property Interest The redevelopment and the urban Holder(s)”. The terms and length of renewal that results will revitalize the each Property Interest Holder’s right to area and create economic growth. The use part or all of the Subject Land varies town centre area has been established with each interest, with the shortest to accommodate retail and commercial ending in 30 days to the longest development on approximately 60 acres Property Interest ending in 2052. and the site could accommodate upwards of 10,000 jobs in addition to Bylaw 16033 - A Bylaw to adopt the City those created during servicing of and Centre Area Redevelopment Plan construction on the Subject Lands. provides a planning policy to guide the future redevelopment of the Subject In order to carry out the Area Lands. This Area Redevelopment Plan Redevelopment Plan, the City must is based on a vision that the Subject acquire the exclusive use and Lands will be redeveloped and will be possession of those portions of the used to build a world-class, sustainable Subject Lands that are presently and family-oriented community for up to incompatible with the Area 30,000 residents. Redevelopment Plan. The Subject Lands will subsequently be subdivided The Way We Grow , Municipal and rezoned. The first stages of the Development Plan Bylaw 15100, physical redevelopment are anticipated provides direction for land use, growth to begin in 2014. and redevelopment in Edmonton. Development of the Edmonton City The City will redevelop the Subject Centre Airport Lands is specifically Lands, in part or in whole, alone or in included as a policy objective in 3.2.1.5 conjunction with another person or of The Way We Grow . persons which may include private sector partners. The Area Redevelopment Plan also supports The Way We Grow in a Redevelopment will be completed in a number of ways including: supporting number of stages and include growth in mature neighborhoods, development of infrastructure and lands integrating transit and land use, utilizing for public and private use. The proposed Page 2 of 5 Commencement of Expropriation – Blatchford/City Centre Redevelopment staging for the Area Redevelopment Area Redevelopment Plan directly Plan (Attachment 3) has been impacts airport operations and therefore developed by the Blatchford precludes the use of the Subject Lands Redevelopment Project Team through for aviation purposes. Carrying out the consultation with Perkins + Will, and Area Redevelopment Plan also with input from a group of builders and precludes the use of the Subject Lands land development engineers, having for manufacturing and other non- regard for planning, servicing, and compatible uses. In order to proceed market factors. and begin to carry out the Area Redevelopment Plan, the City needs to The stage sequencing identifies those acquire the Property Interests that are areas within the Subject Property that not compatible with the Area can be serviced relatively easily, without Redevelopment Plan and the stage the need for any major utilities to be sequencing for redevelopment. relocated or installed, to provide parcels that are readily marketable. Detailed 211 Property Interest Holders are design of Stage 1 has begun with described specifically in Attachment 2 construction commencing in 2014. The but are generally described as follows: Stage 1 area includes: • 24 Leases • a significant component of the • 13 Subleases central park, including the • 13 Utility Rights of Way southern storm water • 60 Caveats management pond • 5 aircraft parking licences • the first stage of residential • 2 vehicle parking licences development in the west district • 3 licences • a portion of mixed use • 4 security interests development in the town center • 1 amending agreement area. • 1 Indemnitor • 1 parking lease While there is no detailed design or • 83 additional potential users funding currently in place for LRT, the timing for residential development on On February 5, 2013, courtesy the east side of the Area notification letters were mailed to Redevelopment Plan would benefit from Property Interest Holders and potential the construction of the two LRT Property Interest Holders informing them Stations, as the LRT creates the that Administration is seeking approval to opportunity for Transit Oriented abandon the Notice of Intention to Development. The residential densities Expropriate filed at Land Titles on in proximity to an LRT station influence October 5, 2012, to commence another the parking requirements and circulation expropriation of certain Property Interests around the future buildings. in the Subject Lands and further advising them of their ability to request to speak to The Area Redevelopment Plan does not Executive Committee. contemplate the use of the Subject Lands as an airport. Carrying out the Page 3 of 5 Commencement of Expropriation – Blatchford/City Centre Redevelopment Some limited discussions/negotiations another person. The Municipal with the Property Interest Holders of the Government Act also gives Council the head leases have occurred. right to acquire interests in land for the Administration will attempt to reach purpose of improving land owned by the negotiated agreements with all affected municipality: 14(2)(c), for the purpose of Property Interest Holders. If a selling land as building sites: 14(2)(d) negotiated agreement cannot be and for any other municipal purpose: reached, the matter will proceed to the 14(2)(f). Land Compensation Board for a determination of compensation. Expropriation of the interests described in Attachment 2 must be carried out in compliance with the requirements set Policy out in the Expropriation Act ( “Act”) . The The policy for this report falls under the Act gives affected Property Interest Expropriation Act of Alberta. Holders certain legal rights including entitlement to receive certain types of Corporate Outcomes compensation. The Way We Grow The Way We Move The Act gives affected Property Interest The Way We Green Holders the right to object to the intended expropriation and to have
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