Hamilton’s Downtown Secondary Plan’s height limit and urban design guidelines have been shattered.
In a 114-paragraph decision issued on Christmas Eve Day, Ontario Land Tribunal Member Jennifer Innis ruled in favour of DiCenzo Construction Company Limited and approved zoning permissions to permit two tall towers at 117 Jackson Street East—one of which will be 39-storeys.
“The Tribunal acknowledges the City’s desire to preserve the Niagara Escarpment’s prominence but, for the reasons outlined below, finds that the Applications appropriately balance this goal with the need to address the housing shortage by building transit-oriented and sustainable development, using existing infrastructure, in an area designed to accommodate growth,” Innus wrote.
Hamilton’s Downtown Secondary Plan sets a site-by-site height limit equal to the Niagara Escarpment’s geodetic height measured to the south of the property, drawing an imaginary line parallel to Hamilton’s street grid.
The geodetic height of the Escarpment, measured from 117 Jackson Street East, is approximately 92 metres.
The 39-storey building will be approximately 122 meters in height.
Innus’ ruling notes that the planned tall buildings will not impact views of the Niagara Escarpment because they are located directly beside an existing tall building.
The 43-storey Landmark Place at 100 Main Street East is Hamilton’s tallest building with a height of approximately 127 metres.
The ruling states, in para. 102, that “the Tribunal was not convinced that sufficient weight was given to provincial policies and priorities” regarding the Escarpment height limit.
In para. 106, Innus underlined for emphasis that the Tribunal agrees with the developer’s experts that a height limit “based solely on the Escarpment’s elevation would result in a monolithic skyline that blocks the Escarpment” and will prevent future developments from creating “an interesting skyline.”
Shadowing of Prince’s Square
The 39-storey tower will cast a new shadow on Prince’s Square, the public park in front of the old courthouse on the southwest corner of Main Street and John Street.
The Downtown Secondary Plan prohibits any new shadows between 10:00 a.m. and 4:00 p.m. as measured at the days of the spring and fall equinoxes.
A new shadow is cast between 10:00 a.m. and 10:36 a.m. on September 21.
The Downtown Secondary Plan states no new shadows can be cast upon the park. Credit: HANDOUT
“The increase in shadowing is minimal and does not justify the refusal of the Applications,” Innus ruled. “The Tribunal is not persuaded by the position that the proposed shadows would adversely impact the park’s use and the health of the existing trees. The incremental shadowing should not significantly impact the function or enjoyment of the space.”
“Family Sized Units”: OLT Cites Recent Council Decision at 1600 Upper James
DiCenzo plans to have 741 residential units total, with the following unit mix:
- 61 studio units (8%)
- 286 one-bedroom units (38%)
- 150 one-bedroom plus den units (20%)
- 212 two-bedroom units (28%)
- 42 two-bedroom plus den units (6%)
The Tribunal cited the City Council’s September 2024 approval of 1600 Upper James Street, which required 17 percent of the units to be two or three bedroom units.
Innus wrote, “In contrast, the Proposal would consist of 34 percent of units to be two-bedroom or larger, which is double the percentage of larger units in comparison to the approved plan for 1600 Upper James Street.”
OLT Directs City and Developer to Work on Final Planning Instruments
Innus concluded her decision by directing the City and Developer to produce a jointly agreed draft Official Plan Amendment and draft Zoning By-law Amendment for her to sign into a Final Order from the Tribunal.
The City’s Acting Director of Planning and Chief Planner Anita Fabac states, “Staff will be reviewing the decision in detail in January.”
Production Details
v. 1.0.1
Published: December 24, 2024
Last edited: December 24, 2024
Author: Joey Coleman
Edit Record
v. 1.0.0 original version
v. 1.0.1 added comment from the City's Acting Chief Planner
Editors Note: Because the ruling was issued on Christmas Eve Day, comments from the City or the developer could not be included before publication.
Thank God, intelligence finally rules!!!