Quote:
Originally Posted by mikevbar1
I didn’t know any of this, thank you for the thorough response! This does seem to fall in line with what I’ve seen when zoning is brought up in other cities, and definitely explains why cities ask for so much elsewhere. There’s a precedent for every development that it is inherently “not allowed”, putting the given city on a pedestal and in a position of power before a design review can take place, or application processed. It’s little tidbits and differences like this that make Hamilton such a unique and interesting place; it explains why we get projects that the city adamantly dislikes (310 Frances comes to mind) but are nonetheless permitted due to zoning (or the lack thereof in that case).
I think this approach is better, as it allows for a more natural and market-based approach, but might also introduce challenges to newcomers who aren’t familiar with our development process. It’s certainly ironic that in a city with such a greedy and incompetent council we have managed to keep one of the more easily abused powers out of their hands. Overall, this approach is especially valuable in a city where its common knowledge that new investment isn’t guaranteed, nevermind seen as a right (looking at all these other Ontario cities). Despite section 37 changes I think our approach will continue to make it easy enough for developers to build as it seems to be a mindset of the city that has manifested into policy. The recent as-of-right multiplex conversions bylaw really exemplifies this and shows that it isn’t just legacy zoning that is being tapped into, but new policies as well.
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To be clear, 310 Frances is a unique situation where for some reason Stoney Creek enacted a zoning by-law with unlimited height permissions.
Hamilton has pre-zoned most of the downtown, but not at unlimited height permissions. The central core is mostly zoned for 27-30 storey buildings, with the outlying areas of the core zoned for 14-15 storey buildings, like at 1 Jarvis.
We are seeing many developers take advantage of this to avoid a rezoning exercise, while many are pushing for more density still, particularly if they are outside of the 30 storey area.
In this case, Emblem stuck to the existing zoning, filed for an as-of-right 14-storey building, and got building quickly.
Most of King / Queenston is also pre-zoned for midrise development, which is what 1106 Main St E used to get going, as well as a few specific spots with higher densities permitted such as around Eastgate, which allows up to 20 storeys.
Most of the rest of Hamilton still uses the more standard "old zoning bylaws" with minimal as of right density, requiring most projects to rezone.
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