At the city council meeting of August 24, 2009, it was enacted:

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1 VILLE DE MONTRÉAL BY-LAW BY-LAW AUTHORIZING THE CONSTRUCTION OF IMMOVABLES, FOR RESIDENTIAL AND COMMERCIAL PURPOSES, ON LAND BEARING LOT NUMBER IN THE CADASTRE OF QUÉBEC, AND BOUNDED BY RUE RICHMOND, RUE OTTAWA, RUE DU SÉMINAIRE, AND THE LINEAR PARK OF THE LACHINE CANAL In view of paragraph 3 of section 89 of the Charter of Ville de Montréal (R.S.Q., chapter C-11.4); At the city council meeting of August 24, 2009, it was enacted: SECTION I TERRITORY 1. This by-law applies to the territory shown on the plan of schedule A to this by-law. SECTION II AUTHORIZATIONS 2. Despite the Urban planning by-law for Sud-Ouest borough (01-280), applicable to the territory referred to in article 1, the construction of immovables, for residential and commercial purposes, on land bearing lot number in the cadastre of Québec, and bounded by Rue Richmond, Rue Ottawa, Rue du Séminaire, and the linear park of the Lachine Canal, is authorized under the conditions in this by-law. A departure from articles 8 to 10, 43, 81 to 86, 137 and 399 of the Urban planning by-law for Sud-Ouest borough (01-280), and article of the By-law concerning the piping of drinking water, wastewater and storm water (R.B.C.M., chapter C-1.1), is authorized for that purpose. 3. All other provisions consistent with those under this by-law still apply. SECTION III CONDITIONS SUBSECTION 1 USES 4. Subject to this subsection, no uses other than those in the residential group and in use category E.1, as defined in the Urban planning by-law for Sud-Ouest borough (01-280), are authorized /1

2 5. On parts of the territory identified as sectors C-1a, C1b1, C-1b2 and C-2 on the plan of schedule B to this by-law, the following uses are authorized on the ground floor and on the second floor of a unit fronting on Rue Basin, Rue Ottawa, and basins 4 on the plan: (1) uses C.1(1) and C.1(2), as defined in the Urban planning by-law for Sud Ouest borough (01-280), except the fuel use; (2) office, with no maximum floor area. 6. On part of the territory identified as sector C-2 on the plan of schedule B to this by-law, the office use is authorized on any floor. 7. On parts of the territory identified as sectors B-1a and B-1b on the plan of schedule B to this by-law, the following uses are authorized on the ground floor of a unit fronting on Rue Ottawa: (1) artist and artisan studio; (2) art gallery. 8. On parts of the territory identified as sectors D-1 and D-2 on the plan of schedule B to this by-law, the following uses in the commercial group, as defined in the Urban planning by-law for Sud-Ouest borough (01-280), are authorized: (1) uses C-2, except the fuel, drinking establishment, billiard hall, and automobile parts, accessories (sale) uses; (2) exhibition hall; (3) reception hall, maximum area of 1000 m 2 ; (4) assembly hall, maximum area of 1000 m 2 ; (5) entertainment facility, maximum area of 1000 m 2 ; (6) restaurant, with no maximum floor area. SUBSCETION 2 HEIGHT 9. The prescribed minimum height of a building is 12.5 m /2

3 10. The prescribed maximum height of a building is 25 m. Despite the first paragraph, on parts of the territory identified as sectors A-1a and A-2a on the plan of schedule B to this by-law, the prescribed maximum height is 60 m on no more than 30% of the area of each sector, and on part of the territory identified as sector C-1b1 on the plan of schedule B to this by-law, the prescribed maximum height is 44 m. SUBSECTION 3 LAYOUT 11. The prescribed minimum density is 3.0 and the prescribed maximum density is The prescribed minimum land coverage ratio is 35%. Despite the first paragraph, on parts of the territory identified as sectors A-1a, A-1b, A-2a and A-2b on the plan of schedule B to this by-law, the prescribed minimum land coverage ratio is 30%. 13. A balcony located on a façade plane facing a public thoroughfare may not project more than 60 cm from the façade plane nearest to the public thoroughfare. 14. A building must have a roof covered with surface vegetation or a reflective material. 15. For sectors A-1a, A-1b, A-2a and A-2b, the front wall nearest to the right of way of Rue Ottawa and Rue du Séminaire must be laid out at a distance equal to or greater than 20 m from the right of way. 16. The buildings laid out on either side of basins 2 shown on the plan of schedule B to this by-law must be at least 20 m apart. SUBSECTION 4 PARKING UNITS 17. The development of parking units is only authorized at the basement level of a building. 18. Despite article 576 of the Urban planning by-law for Sud-Ouest borough (01-280), for a use in the residential group, the prescribed minimum number of parking units is one unit for 2 dwelling units, and the authorized maximum number of parking units is one parking unit for one dwelling unit. 19. Despite article 18, on parts of the territory identified as sectors B-1b and C-1a on the plan of schedule B to this by-law, the required minimum number of parking units is one for 4 dwelling units, and the authorized maximum number of parking units is one parking unit for one dwelling unit /3

4 SUBSECTION 5 LANDSCAPING 20. Every permit application relating to a construction authorized under this by-law must be filed with a landscape plan. 21. The plant materials included in the landscape plan referred to in article 20 must be properly maintained and replaced, as needed, to ensure healthy vegetation. 22. The landscaping of at least 50% of each yard in each sector must be carried out no later than when 50% of the units in the sector are completed, and the full landscaping of the yards must be carried out no later than when all units in the sector are completed. SUBSECTION 6 DEVELOPMENT OF A RETENTION BASIN 23. A retention basin may be set up in a front yard. SECTION IV DEVELOPMENTAL, ARCHITECTURAL AND DESIGN CRITERIA 24. In addition to the criteria under the by-law entitled Règlement sur les plans d implantation et d intégration architecturale de l arrondissement Sud-Ouest (RCA ), the following criteria apply to the review of a permit application relating to a construction authorized under this by-law: (1) with respect to the architecture: (a) the layout of a building must favor interaction with a yard and ensure the integration of public property and basins shown on the plan of schedule B to this by-law; (b) a building along the basins shown on the plan of schedule B to this by-law, the walkways and the streets must tend to provide main façades with a public character, by favoring a maximum number of openings and accesses, so as to synchronize the pace of users of public property and ensure a better feeling of security, and allow, from the third aboveground level of the building, the cantilevered protrusion of volumes toward public property; (c) in the enclosure created by basins 1 and 2 shown on the plan of schedule B to this by-law, the volume of a building must tend to confer an insular character to the residential complex at the core of the two basins; (d) to the south of Rue Basin, a yard formed by the layout of buildings must tend to provide an opening toward the Lachine Canal to maximize sunlighting and the vistas on the canal from units fronting on those yards; /4

5 (e) to the west of basins 4 shown on the plan of schedule B to this by-law, a building may have a greater coverage providing a transition between the scale of existing industrial buildings more to the west and that of other buildings on the territory; (f) the height of a building must tend to provide a good framing of streets and basins shown on the plan of schedule B to this by-law, and of yards; (g) the volume of a building must tend to have varying heights and setbacks on upper storeys according to layouts that create a feeling of opening in yards, and maximize their sunlighting. Beyond the sixth storey of a building, the volume of the building must tend to have setbacks providing for the development of roof decks; (h) a unit on the ground floor must favor direct access to an exterior space fronting on a street, a walkway or a yard; (i) loggias and french balconies must be favored when an opening, other than a window, fronts on public property; (j) a building higher than 8 storeys must tend to be set apart from other buildings on the territory so as to create new architectural reference points of high quality in the urban landscape of the sector and of the Lachine Canal; (k) the volume of a building higher than 8 storeys in the enclosure created by basins 1 and 2 shown on the plan of schedule B to this by-law must tend to benefit from an architectural treatment favoring the transparency of façades, so as to provide dwellings with maximum natural light during the day, and animate the shores of the Lachine Canal at night. The volume must be treated so as to provide protrusions in the right of way of basins; (l) the main façade pf a building marking the intersection of Rue Ottawa, Rue William and Rue Guy must tend to be given a special architectural treatment and favor the integration of a significant artistic installation marking the entrance to the territory; (m) the location of accesses to underground parking areas and other service areas for a building must be favored from Rue Basin, Rue Ottawa and Rue Richmond, but without generating a concentration that would disrupt the character and userfriendliness of the walkways; (2) with respect to yards: (a) the redevelopment of the territory must tend to ensure the enhancement of the four old basins initially built on the territory by quality development limiting physical access to water areas, as the case may be, while still maximizing their visibility from public property or exterior common private areas; /5

6 (b) the redevelopment of the territory must tend to ensure the enhancement of the four old basins built on the territory by recalling the history of the site and construction techniques then used; (c) the development of yards must tend to favor the opening and links between the Lachine Canal and the neighbourhood, and still ensure the public character of the site; (d) an interior yard must tend to present diversified layouts of plant and mineral surfaces, capable of including wood sidewalks and terraces, and variations in level, to favor the creation of easily appropriable spaces, and distinguish common exterior spaces from private exterior spaces. 25. The buildings referred to in the second paragraph of article 10 and being higher than 25 m are subject to the evaluation criteria in schedule B7 Fascicule d intervention Secteurs de surhauteur, of the by-law entitled Règlement sur les plans d implantation et d intégration architecturale de l arrondissement du Sud-Ouest (RCA ). SECTION V FINAL PROVISIONS 26. Any person who occupies or uses part of a lot, a lot, land or a construction, authorizes its occupancy or use, erects or allows the erection of a construction, demolishes or allows the demolition, alters or allows the alteration, contrary to this by-law, is guilty of an offence and is liable to the penalty under article 689 of the Urban planning by-law for Sud-Ouest borough (01-280) SCHEDULE A TERRITORY SCHEDULE B SECTORS The public notice relating to this by-law was posted at city hall and published in The Gazette on August 31, /6