Quote:
Originally Posted by JoeyColeman
You just confirmed what I stated.
Developers can go above the escarpment, they have to meet negotiated conditions.
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No. You stated that they can go above the 30 storey limit if they meet conditions contained within the DTSP. That is not the same as exceeding the height of the escarpment.
There are zero provisions that address potential height in excess of the escarpment. Not a single one. There is no mechanism for allowing heights higher than the escarpment that would negate the need for an official plan amendment, nor is there any reference that even *suggests* the City will entertain the possibility of heights in excess of the escarpment.
Through a UHOPA and ZBLA you can propose any height you want, but there are zero policies on the books that give any indication as to how those proposals will be evaluated with regard to height in excess of the escarpment. In the absence of any provisions that give criteria or guidance as to what the City would look for in tower heights above the escarpment, the policies that are closest are critical to determining how such developments will be evaluated.
Given that the closest policies all state that the height of the escarpment is not ever to be exceeded, and given that this is repeated throughout, and given that there are no policies that address surpassing the height of the escarpment, it can and will be argued that the City, and the plans, do not envision new towers with height in excess of the escarpment as a part of downtown development whatsoever.
The combination of all of these factors, policies, and omissions ultimately results in making it extraordinarily difficult and uncertain as to whether taller towers can be built. There is simply no starting point for "negotiated conditions" — a developer would have to shoot in total blindness, with only the knowledge that the way in which the policies are written, the City has an unduly strong ability to oppose, both in good faith or bad faith, any proposal with height in excess of the escarpment.