Acting for the land developer, Geo-Energy Enterprises Ltd., Davis Jensen acted as counsel in the Shaw-Nee Slopes (now Shawnee Park) redevelopment from its inception. We assisted on the land purchase and acquisition in 2009; and throughout the planning approvals process - leading to a successful land use redesignation in February 2013. We participated In a number of detailed public open house meetings, meetings with City staff, mediated community engagements and discussions with members of City Council. The development was sold by Geo-Energy to Cardel Homes in 2013, who are now partnering with Genstar Development Co. in the development of this 1700 dwelling unit mixed use site.
Sunalta-Scarboro Halfway House Development Appeal
In 2007, the John Howard Society halfway house in Victoria (Stampede) Park had to move, due to Stampede expansion. They were challenged in finding a suitable site. Unfortunately, the Society felt it necessary to build an oversized facility in the Sunalta community. We were retained by the joint communities of Sunalta / Scarboro to fight the City's approval of this well intentioned but poorly sited facility. This lead to one of the City's longest development appeal board public hearings - with the hearing occurring over multiple days. The result was a victory for the community - overturning the City administration's recommendations and Planning Commission's endorsement.
Christopher Davis successfully co-ordinated and guided the two communities and their strong volunteer team during the months leading to the positive appeal board outcome.
CKE communities (NW Value Partners) Appeal
In 2007, the communities of Kelvin Grove, Chinook Park and Eagle Ridge (CKE Community Association) were startled to discover that the Federated Co-operatives Ltd. building recently constructed on Glenmore Trail and adjacent to the Kelvin Grove community, had been sold to a new commercial operator, NW Value Partnership. NW Value wished to more efficiently manage their site by adding a second building. This however, went against the tacit "understanding" that Federated had originally reached with the community - to build their first and only building as far as possible from the residential neighbourhood. By locating the building closer to Glenmore Trail, the site had actually been made more desirable to the new owner.
Chris Davis was retained by CKE to fight the approval of new second building. Acting in concert with the owners of some adjacent seniors' facilities, the appeal was successful - based on the limited vehicular access to the commercial strip adjacent to Glenmore Trail.
Based on recommendations from legal counsel (Chris Davis), the CKE communities worked with Ward 11 Councillor Brian Pincott to develop a community plan ("ARP") that created a more appropriate vision for the Glenmore strip mixed use area.
Following the election of a new City Council in October 2007, Mayor Dave Bronconnier tabled an ambitous $750 million plan to extend Calgary's LRT system up Bow Trail to west of Sarcee Trail. The terminus was and is the West Side Recreation Centre. After a limited discussion over a Mt. Royal College (now University) terminus being overruled, the route determination and acquisition of lands needed for the new LRT line commenced.
Chris Davis acted for a number of land owners, including physicians, a dentist, and St. Mina Coptic church. While we never encourage clients to be expropriated - it is generally an unsatisfying process dealing with expropriating authorities - successful negotiated solutions were achieved for all our clients.
St. Mina Coptic church - former 17th Avenue location
St. Mina Coptic Church - new location following expropriation
Stadium Shopping Centre Public Hearing & ARP
Western Securities Ltd. has owned the Stadium Shopping Centre site since 1962. As owners, they wished to update and redesign the site, but were successfully appealed by the adjacent University Heights community in 2008.
Subsequent to 2008, a more comprehensive planning process commenced, directed by The City of Calgary, in which the adjacent communities were fully engaged. This lead to a successful Area Redevelopment Plan (ARP) being approved by Calgary City Council on July 29, 2012.
When buying or selling real estate, real property reports (RPR's or surveys) may reveal that either you, the City or a neighbour have encroachment problems. Encroachments could include a fence, a wall, a deck, an addition or anything else that has been built both on and off the property without proper consent - they are things that simply "cross the line"! Encroachments often show up at the eleventh hour of a real estate closing and can either threaten or delay the deal.
When dealing with another private property owner (i.e. your neighbour), Davis Jensen can negotiate and paper a permanent solution that will solve the encroachment problem.
If the encroachment involves adjacent City owned lands (e.g. roads, laneways, parks / green spaces, utility right of ways, etc.), Davis Jensen has significant experience with approval applications to City Hall (in fact, one of our lawyers wrote the current City policy).
While the City's policy may appear black and white, there are often unique circumstances - such as "grandfathering", site history or previous approvals - that may affect the legality of the encroachment. Our firm his extensive experience in reviewing and advising on potentially difficult encroachment matters.