Request for a Minister’s Zoning Order for a residential development in the City of Hamilton

An MZO, made pursuant to clause 47(1)(a) of the Planning Act, regulates the use of land and the erection, location and use of any building or structure on the land, and prevails over the existing municipal zoning by-law to the extent there is any conflict.

The Minister is considering a request from the Mayor of Hamilton to make an MZO for the lands at 405 James Street North in the City of Hamilton. The site is approximately 2.18 hectares in size and is situated to the west of James Street North, north of Strachan Street West, east of MacNab Street North, and south of Ferrie Street West. See link to location map below.

The site is currently occupied by partially demolished row townhomes. The subject lands are currently designated in the Hamilton-Wentworth Official Plan as Urban Area and zoned DE/S-65 (Low Density Multiple Dwellings District) in City of Hamilton Zoning By-law No. 6593.

The requested MZO seeks to permit a residential development, including 132 for-profit stacked townhome units, two high-rise apartment buildings with 46-210 affordable units (depending on funding obtained), and a high-rise apartment building with 300 for-profit units. The development would be undertaken in phases, with the stacked townhomes being built first.

Specifically, the requested MZO seeks to permit the following uses:

• uses permitted in the TOC 3 (Transit Oriented Corridor Multiple Dwelling) Zone in the City of Hamilton Zoning By-law No.. 05-200
• stacked townhouses
• additional commercial and institutional uses

As well, the requested MZO would establish zoning requirements including minimum vehicular and bicycle parking requirements, minimum setbacks, maximum building heights, and minimum amenity area requirements.

The soil on site is contaminated and would need to be remediated following demolition of the existing buildings. A record of site condition will need to be obtained prior to development proceeding.

This MZO was requested to address timing concerns resulting from an Ontario Land Tribunal (OLT) appeal.

To help ensure decisions are made in a transparent manner and support government priorities, the Ministry is seeking feedback on whether this request should be considered and any additional information that may help inform a decision. In particular, any potential environmental risks, financial impacts on the municipality or implications for other approved developments and how these can be mitigated.