In a 91-paragraph ruling, released on Wednesday, the Ontario Land Tribunal approved Hamilton’s city-wide residential zoning bylaw overhaul – with one exception.
The City’s new EV parking requirements have been appealed by the West End Home Builders Association (WEHBA), Hammer GP LP and Hammer GP Services Corp. (Hammer GP) & Cadillac Fairview Corporation (CF).
Hammer GP owns Eastgate Square. CF owns Lime Ridge Mall.
Effort Trust, one of Hamilton’s largest residential rental operators, wanted to appeal the City of Hamilton’s new indoor bicycle parking standards, but failed to file an appeal in time. The Trust is being permitted to ‘shelter’ under the three other appeals.
New Residental Zoning Permits Intensification and Some Missing Middle
Hamilton’s new residential zoning permits residential intensification throughout Hamilton’s urban areas.
On Monday, TPR noted how Hamilton’s new zoning already permits many of the pending Provincial additional dwelling unit requirements.
The OLT quickly bringing the new zoning into force-and-effect (with the exception of appeals) will enable quicker and more residential housing development.
Common Appeal Against EV Parking Infrastructure Requirement
All three appeals contest the City’s new EV Parking Space Definition and minimum EV requirements for new parking spaces.
WEHBA is concerned the definition lacks the clarity their developers need and that the requirements will increase the costs of new housing.
The appeals contest the City’s new requirement that all new residential parking spaces have infrastructure for the installation of electric vehicle chargers.
(The City is not requiring EV charging infrastructure for visitor parking spaces in multi-residential buildings.)
Non-Residential 50% EV Parking Requirement Appeal
CF and Hammer GP limited their appeals to the requirement that 50 percent of all new non-residential parking have infrastructure for EV installation, and only for properties.
Effort Trust sought to expand the non-residential requirement sub-section of the zoning bylaw to be city-wide. The Tribunal did not grant Effort Trust’s request because they are limited to ‘sheltering’ under the other appeals.
(The WEHBA city-wide appeal of the minimum requirements is closely related, and Effort Trust can advance arguments ‘sheltering’ under this appeal.)
EV Parking Requirement Cannot Be Enacted Under Definition Appeal Decided
The City told the Tribunal that it will not enforce the new EV parking requirements until the definition appeal is resolved.
The City offered to have Hamilton’s Chief Planner issue a Zoning Interpretation Memo (“ZIM”) advising the City’s Chief Building Official not to enforce the requirement. ‘
The Tribunal issued a contingent order that it cannot be enforced until the appeal is resolved.
New Residential Zoning in Force and Effect
The OLT formally implemented the residential zoning reforms.
“The Tribunal finds that ZBL 052, with the exception of the sections under appeal and the unappealed EV Parking Standards applicable on a City-wide basis, should be deemed to have come into force on the day it was passed by City Council, being April 10, 2024.”
Settlement Talks Continue, No Contest Hearing Dates Requested
The Tribunal was informed settlement talks are ongoing, and the Parties will update the OLT to request future hearing dates following an upcoming mediation session.
Production Details v. 1.0.0 Published: September 27, 2024 Last updated: September 27, 2024 Author: Joey Coleman Update Record v. 1.0.0 original version
At present, inspite of being safe, residential buildings such as rental units and condominiums around the city fear having electric infrastructure for EV parking in underground spaces in older buildings. Upgrades of electrical infrastructure needs to be offered to those building managers willing to propose upgrades to accommodate tenants with EVs.