city document- uses for contaminated properties

8/6/2019 City Document- Uses for Contaminated Properties

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ROUTING Contaminated Gas Station Task Force | DELEGATION M. Brostrom/P. OhmWRITTEN BY B. Daly | May 9, 2011 Corporate Services Department 2011OOE009

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Uses forContaminatedProperties

Options for brownfield useincluding parking and greenspaces

Recommendation:

That the May 9, 2011, CorporateServices Department report2011OOE009 be received forinformation.

Report SummaryFor long term remediation sites thisreport includes options to enhancecommunity vibrancy.

Previous Council/Committee Action

At the March 9, 2011, Contaminated GsStations Task Force meeting, thefollowing motion was passed:

That Administration provide a reportto the Contaminated Gas StationsTask Force Committee on possibleuses of contaminated propertieswhich may also alleviate communityconcerns, such as parking and greenspace.

Report

Where the potential for brownfieldremediation is good, but the durationcan be a number of years, interimoptions allow for improved land useduring remediation.

These aesthetic, economic andenvironmental improvements can beaccomplished using exposure control/risk management. Creation of barriersbetween receptors (humans, plants,

animals) and the contaminants allowsfor remediation to continue below whilethe surface of the property can safely beused for other purposes.

The approach brings unique partners

together property owners, communitygroups, arts groups, entrepreneursand/or the City of Edmonton.

Interim solutions have been used inmany jurisdictions including Edmontonand have resulted in mobile micro-retail,community gardens, parks,neighbourhood signage solar and artinstallations.

The City of Edmonton Brownfield Grantprogram has been revised to supportinterim solutions and the remediationcosts and activity required to make themsuccessful.

Policy

The activity of the Contaminated GasStations Task Force supports CouncilsEnvironmental Policy C512.

Corporate OutcomesPreserve and sustain Edmontonsenvironment, and improve Edmontonsliveability.

Attachments

1. Interim Brownfield Uses to AlleviateCommunity Concerns

Others Reviewing this Report

R. G. Klassen, General Manager,

Planning and DevelopmentDepartment

M. Koziol, Acting General Manager,Asset Management and PublicWorks Department and GeneralManager, Capital ConstructionDepartment

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Page 1 of 6 Report: 2011OOE009 Attachment 1

Interim Brownfield Uses to Alleviate Community Concerns

Where the potential for brownfield remediation is good, but the duration of remediationis expected to be years, interim options allow improved land use during remediation.The range of exposure control options allow for a broad range of alternate, interim usesthat demonstrate land is being looked after while allowing productive use of the site.With the creation of the Contaminated Gas Stations Task Force Strategy, tools foraccommodating interim use have been created and promoted.

While there are extremely limited means to force property owners to act on remediation,consultation and support for interim strategies may result in a warmer reception. Thepromise of converting community blight into a neighbourhood asset without impactingexisting remediation activity and the potential for economic gain may be acceptable toproperty owners.

Essentially, an interim land-use strategy proposes temporary, economically viable,

community-supported uses of brownfield properties where redevelopment is not goingto occur in the near term. In exchange for an agreement to allow these temporary uses,owners of the properties could be provided with a portion of revenue generation in thecase of a retail activity, or in the case of non-revenue generating interim land-use (e.g.public art, solar installation) grant funding to offset expenses.

The following provides some common examples of desirable interim land-uses. Inaddition, the role of a municipality in such a program is briefly explored and thechallenges and barriers to promoting interim land-uses are introduced.

An interim land-use that focuses on benefits to the community can work on two common

issues associated with brownfield redevelopment.

The first issue is a remediation timeframe that is considered unreasonably long to thecommunity and the municipality. Unfortunately, leaving brownfields vacant while long-term remediation strategies are implemented is more common in Edmonton. There aremany reasons for a property owner to adopt longer term strategies includingtechnological barriers and high costs associated with more expedient remediationtechniques. A clearly articulated, interim land-use strategy can establish a sense ofurgency for returning a site to usefulness.

The second issue is the domino effect that a vacant or underutilized property can

cause in the community. Vacant or underutilized properties can impact adjacentbusinesses and lead to disengagement of the community from the area. An interimland-use strategy can be designed to transform vacant land to interim land uses thatprovide community benefit through economic development (e.g. Mobile Micro-Entrepreneurial Businesses), improved aesthetics (e.g. public art), or other supportiveactivities (e.g. community gardens).


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Potential Interim Land-usesThe concept of interim land use as a management option for contaminated sites is notnew. For many years, sites with elevated contaminants deemed not suitable fordevelopment have been used as parking lots and storage yards as they undergo longterm remediation or risk management. These interim land-uses, although revenuegenerating for the property owner, are often considered undesirable to the community.In recent years, a more creative application of the concept of interim land-use has beenexplored. The following examples are provided to illustrate some of these moredesirable interim land-uses:

Mobile Micro-Entrepreneurial BusinessesMicro-retail is again not a new concept; however, it is clear that small mobile kiosks areespecially viable for interim land uses on brownfields due to the intrinsic scale of theiroperations and their low on-site infrastructure needs. It has generally been noted thatformer gas station sites are situated in high traffic, often walkable areas of thecommunities which makes them ideal candidates for temporary retail or foodestablishments. Also, as they are revenue generating, once established, a portion of

the revenues of these kiosks could be provided to the landowner in return for the use ofthe space.

Portland Food Carts ExampleFood cart ownership in Portland has increased 25% in the last two years(http://www.foodcartsportland.com/). Food carts are being positioned in previouslyvacant lots and transforming community blights into community meeting places. Best ofall, at least from the perspective of modeling this for Edmonton, the majority of themobile food courts are operating year-round. An example of a successful mobile foodcourt is one that has been established in Southeast Portland's historic Sellwoodneighborhood. The neighbourhood is a transition community that is becoming known

for its antique shops, green space and close proximity to the river. In 2007,approximately $30,000 of site upgrades (largely relating to utilities) were made to the lotto accommodate a mobile food court. The upgrades provided the minimum amount ofinfrastructure to allow for the food carts to function and licenses/permits to be issued. Inthis case, the revenue for the property owner is generated through rents collected fromthe food carts (reportedly $450 per month per cart) and the municipality was not directlyinvolved. Although the property owner receives only small revenue for the property, it ismore than he would have received by leaving the site vacant. The real benefits of thisinterim use come from revitalizing a brownfield property by activating a formerlyunderutilized parcel of land1. The mobile food court has improved the aesthetics of thearea, increased the property taxes collected (although only marginally), and spurred

local small-scale economic development until such time as the property becomessuitable for more permanent development.

1Case Study Research Exploring Interim Use Brownfield Projects and Their Feasibility in the

United States: Whitney L. Hawke April 20, 2009
http://www.foodcartsportland.com/http://www.foodcartsportland.com/


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Photo 1: Portland Mobile Food Court

Brownfields to BrightfieldsThe option of using renewable energy for micro generation on small footprint sites isbecoming more viable. A solar installation can be tailored to the size, shape andorientation of any property. Some installations are configured in such a way that theycould also be considered public art. Ultimately, the energy generated could power on-site remediation equipment or possibly adjacent buildings. In the event a feed-in tariff isbrought into Alberta2, the solar energy could also potentially be sold onto the grid. InOntario, the feed-in tariff pays approximately $0.44 per kWh for ground-mountedprojects producing less than 10 kW3 (compared to typical electricity price in Edmonton

of $0.08 per KWh). A small scale site can range from $35,000 to $100,000 in set upexpenses with very low yearly maintenance costs (


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Photo 2: Solar Panels as Public Art

Public Art InstallationsSites undergoing long-term site management could be used for art installations whichcan be an extremely flexible option that improves the aesthetics of the area while a siteis being remediated. Through Policy C458A, Percent for Art to Provide and EncourageArt in Public Areas, the City of Edmonton dedicates 1% of qualifying constructionbudgets to public art installations. If applied to mobile art pieces (see photo 3),agreements could be made with property owners to display this art while the site being

remediated or risk managed. As mentioned previously, solar panel installations can bedesigned to be visually interesting and also may meet the communitys definition ofpublic art.

Photo 3: Mobile Art Installation at Shaw


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Gardens, Parks and Historical MarkersCommunity gardens, parks, and historical markers can all have flexible life spans thatmatch the duration of the remediation activities on brownfields. All of these land usesgenerally consist of aboveground infrastructure and can be designed to be consistentwith more easily managed exposure control programs. For instance, raised bedcommunity gardens require no underground infrastructure or soil disturbance makingthem ideal when trying to limit exposure to subsurface contaminants. Portability is keyto ensure ready access for property owners to meet monitoring obligations of theirexposure control activity.

In areas of historical relevance, markers can be added to brownfield sites. Oftenhistorical markers are paired with mobile information kiosks or park benches thatsupport the site as a walking destination or rest area. Although small in scale, the ideais that these minor additions can improve the aesthetics of the area and reduce theblight associated with vacant properties. This approach could be successful in olderareas of Edmonton with rich history such as Strathcona, Alberta Avenue, Beverly, or theQuarters.

The potential role of the Municipality in interim land-use implementation can beperceived to be complicated because of its many partners and the administrativeprocesses that are set in motion. This being said, it is not outside the suite of processesand services already in place at the City (e.g. newly established Brownfield Coordinatorrole, Community Recreation Coordinators at the City to assist community groups locateand obtain the permits to establish community gardens).

A municipality could play a role ranging from silent supporter to managing partner,depending on the particular project. Where the City of Edmonton takes a more passiverole in an interim use initiative, it may still need to be involved in the process through its

issuance of development permits, business licenses and inspections just like they wouldbe for many other types of commercial land-use. However, where the City becomes anactive partner in the process, its involvement might include site planning, partnerengagement, administrative management, and funding through grants or taxabatements. For property owners to consider interim land-uses, some type of incentivemay be needed.

Interim Land-use Challenges and Barriers to ImplementationWhile interim use appears to be straight forward and advantageous to all parties, thereare many things that need to be considered. These include: zoning restrictions,development permit considerations, limiting liability, resource constraints, community

engagement and desire, vandalism, administrative requirements of utility companies,stigma associated with a property and lack of successful examples in the Albertacontext. In addition, there are several players that need to buy-in and activelyparticipate in the process for desirable interim land-uses to be successful on brownfieldsites. Obviously, these include the property owner, the City (Planning & Development,Community Services, etc), Alberta Environment, Alberta Health Services and the


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various community stakeholders (e.g. artists, community leagues, local businessowners, etc.). Some key challenges that will require further exploration are listed below:

Exposure Control and Suitability for Intended Land-useFor a contaminated site to be suitable for an interim land use, remediation to applicablestandards must be completed or an appropriate exposure control program must beimplemented; this is true for interim as well as permanent land-uses. Where there is atechnological or financial barrier to complete remediation in the short term, for many ofthese sites, exposure control is the likely method to be employed in an interim land usestrategy. Exposure control programs must satisfy Alberta Environment, Alberta HealthServices, the Property Owner, and affected third party landowners which may includethe City of Edmonton. Exposure control programs are usually implemented inconjunction with long-term remediation strategies (e.g. dual phase extraction ormonitored natural attenuation). Methods of exposure control are extremely varied butcan include anything from the installation of a geotextile barrier to limiting access onparts of the site. Challenges associated with exposure control programs includeobtaining regulatory acceptance and ensuring that the site is continually managed in

accordance with the accepted exposure control program over the long term.

Feed in Tariff (specific to microgeneration)Currently, there are no feed-in tariffs5 in Alberta. In the absence of a feed in tariff, thereis no financial incentive to sell directly to the grid. Moreover, there are some hurdleswith respect to generating on-site power that does not result in a net billing from theutility. At this time, on-site power generation will need to be associated with either anon-site remediation system or possibly funneled to adjacent buildings.

Zoning and PermitsThe City will require that the exposure control programs on the sites are consistent with

the intended usage and that all necessary approvals are appropriately obtained.Development permits may be required for infrastructure upgrades and construction ofabove grade structures. Also, the planned interim land-uses must be appropriate tocurrent zoning or a rezoning would be required. In the event a rezoning is required, theviability of an interim land-use plan decreases substantially.

ConclusionA municipality has the power to take a pro-active role in advancing interim land uses. Byproviding support to shepherd a land owner through the process of creating an interimproject, the City of Edmonton can blend its own priorities with allocation of resourcesand partnership with property owners, community groups, artisans, entrepreneurs and

other non-traditional business players. The City of Edmonton Brownfield Grant has beenrevised to accommodate and encourage interim solutions.

5A feed in tariff is a policy mechanism designed to encourage the adoption of renewable energy sources by paying

a premium price for electricity produced from these sources.

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