Aventus Developments and Society Developments state they’ve acquired the Tivoli Theatre property at 108 James Street North and the neighbouring Centre Point Plaza. The assembly of the two properties gives the developers ownership of the entire north side of Wilson Street between James Street North and Hughson Street North. Here is a look at what they can theoretically build with the existing zoning following the planning policies of Downtown Hamilton Secondary Plan The zoning for the Tivoli site is prescriptive. [By-law 05-200, Schedule C, 451 (on Page 251)] In 2015, Ward 2 Councillor Jason Farr pushed the rezoning through Council, despite planning staff’s recommendation to deny the rezoning application by land speculator Diamante Investments. The Tivoli site’s zoning is a site-specific exemption to allow for a 22-storey tall building on the James Street frontage of the property (108 James Street North) as an accessory use to the auditorium in the rear portion (111 Hughson Street North). It prohibits the demolition of the existing single-detached house at 115 Hughson Street North. The site-specific by-law “transfers” the development permissions from the Hughson Street properties to the James Street tower. “The residential tower is actually an accessory and incidental use to the auditorium,” stated Hamilton’s Director of Planning and Chief Planner Steve Robichaud, in 2015 when the by-law was being finalized. “If the auditorium was to disappear, then the tower component would no longer be accessory to anything other than a vacant lot. That would remove those zoning permissions for the residential component. They have to have the auditorium in order to get the accessory residential component.” The principal of Diamante Investments, Domenic Diamante bought the property in a “deal under negotiation [which] would see Hamilton developer Domenic Diamante buy the property from the Hamilton-based Canadian Ballet Youth Ensemble, the charity run by his wife, Belma Gurdil-Diamante,” reads a 2013 Hamilton Spectator article. The Ballet originally purchased the property in 2006 for $2. The Centre Point Plaza, 1 Wilson Street, is zoned “Mid Rise” in the Downtown Hamilton Secondary Plan with a height limit of 12-storeys. The entire plaza is part of the James Street North Streetscape Culture Heritage Landscape. As a separate property from the Tivoli site, the site is neither large enough nor deep enough to construct a 12-storey mid-rise within the rules of the Downtown Hamilton Secondary Plan (DTSP) and the Downtown Hamilton Tall Building Guidelines. The plans require 25 metres of separation between tall buildings. Nearly the entire plaza, with the exception of approximately 250 square metres at the eastern end of the plaza bordering Hughson Street North, is within the separation zone of the approved Tivoli tower. The James Street North Streetscape Culture Heritage Landscape requires a pedestrian-friendly streetscape. 123 James Street North, constructed in 2015, shows how the cultural heritage landscape is applied to new builds. The landscape envisions stepbacks at the third storey for buildings along James Street North. The economics are weak to redevelop the plaza into a three to six-storey commercial use with a 250 square metre floor plate mid-rise building bordering Hughson Street North. The existing strip plaza is fully occupied. Demand for Downtown Hamilton office space is low, with many units vacant. In 2015, Ward 2 Councillor Jason Farr persuaded City Council to waive parts of the Tivoli’s heritage designation to focus on saving the auditorium. The lost historic front lobby would not be restored. To save the auditorium, Farr stated it was necessary to exempt the Tivoli tower from setback requirements, urban design guidelines, and to accept a narrower lobby to the rear auditorium than the City’s planning staff stated should be required. “It is the opinion of staff that the design, accompanied with the location of height, scale and massing, serves to erode the existing desirable character pattern and form of the area,” stated City planner Edward John. “Staff maintain that the proposal does not provide sufficient urban design techniques in order to achieve compatible integration with the existing context and character of the area.” Ward 5 Councillor Chad Collins said he had “some questions” about Diamante’s lack of history in developing residential towers. “Someone has emailed us a couple of days ago to suggest that this might be just about increasing the density on the site,” Collins asked.