DRAFT ZONING BY-LAW – 5 ARTHUR STREET SOUTH (FEBRUARY 6, 2014)

THE CORPORATION OF THE CITY OF GUELPH

By-law Number (2013)-XXXX

A By-law to amend Zoning By-law (1995) -14864, as amended, known as the Zoning By-law for the City of Guelph as it affects property known municipally as 5 Arthur Street South and legally described as: PIN 71338-0104 (LT) Part of Grist Mill Lands, East Side of River Speed, Plan 113, Part of Lot 76 and Lots 77, 78, 79, 80, 81 and 82, Plan 113 (as amended), designated as Parts 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 on Reference Plan 61R-10767, City of Guelph, County of Wellington, together with an easement over Part 7 on Reference Plan 61R-10767 as in Instrument No. WC212993.

And

PIN 71338-0106 (LT)

Part of Grist Mill Lands, East of River

Speed, Plan 113, designated as Parts

1, 2, 3, 4 and 5 on Reference Plan

61R-10767, City of Guelph, County of

Wellington, subject to Instrument No.

RO682767, together with an

easement over Part 7 on Reference

Plan 61R-10767 as Instrument No.

WC212993.

WHEREAS Section 34(1) of the Planning Act, R.S.O. 1990, c.P.13 authorizes the Council of a Municipality to adopt Official Plan Amendments; The Council of The Corporation of the City of Guelph hereby ENACTS as follows:

1. By-law Number (1995)-14864, as amended, is hereby further amended by

transferring parts of the property legally described as Part of Grist Mill Lands

(East side of River Speed) Registered Plan 113 and, Lots 76, 77, 78, 79, 80, 81,

and 82, Registered Plan 113 (as Amended), City of Guelph, County of Wellington

and known municipally as 5 Arthur Street South from the R.4B(H2), P.2(H2) and

FL to the new Specialized R.4B-X Zones and the new Specialized Floodway

Zones in order to permit a mixed use development containing high density

residential, other multiple forms of residential and commercial and non-residential

uses on a former industrial site in the Downtown.

2. By-law (1995) - 14864, as last amended by By-law (2010) - 19063, as amended,

is hereby further amended: (1) By adding the following definitions that shall apply in the R.4B-X (Specialized

High Density Apartment Zone) as it applies to 5 Arthur Street South: “R.4B-X - Area 1(R.4B-X(A1)” means the most northerly portion of the 5 Arthur Street South lands zoned R.4B-X and located north of the Guelph Junction Railway line and further bounded by Arthur Street South, Elizabeth Street, Macdonell Street and the Grand River, not including the portion zoned as FL, as shown on Schedule B to this By-law. “R.4B-X - Area 2 (R.4B-X(A2)” means the central portion of the 5 Arthur Street South lands zoned R.4B-X and located south of the Guelph Junction Railway line and further bounded by Arthur Street on the east, the Grand River on the west, not including the portion zoned as FL, and including but generally not extending beyond the existing Heritage Building as shown on Schedule B to this By-law. “R.4B-X - Area 3 (R.4B-X(A3)” means the central portion of the 5 Arthur Street South lands zoned R.4B-X and bounded by Arthur Street South on the east and the Grand River on the west, not including the portion zoned as FL, and generally located to the south of but not including the existing Heritage Building as shown on Schedule B to this By-law. “R.4B-X - Area 4 (R.4B-X(A4)” means the most southerly portion of the 5 Arthur Street South lands zoned R.4B-X and bounded by Arthur Street South on the east and the Grand River on the west, not including the portion zoned as FL, and located immediately north of Cross/Neeve Street and as shown on Schedule B to this By-law. "Common Amenity Area" means an Amenity Area which is located inside, outside or above a Structure including open landscaped areas, Building rooftops, patios, terraces, above ground decks, swimming pools, tennis courts and other open space, landscaped or recreational areas on the Lot

and determined prior to any dedication, conveyance, taking or purchase of any portion of the land by the City. “Community Scale Services and Facilities” means a Place used for

smaller-scaled community, institutional cultural or recreational uses of either

a public or private nature, including but not limited to a library branch,

professional or private school, education or training centre, health care

centre, arts or business incubator, government or non-profit corporation

office, museum, gymnasium or multi-purpose room for games or fitness or

rental of recreational equipment such as bikes or skates..

“Floor Space Index – 5 Arthur Street South” is an index that, when multiplied by the total land area of the Lot, calculated on the gross land area of the entire property including all phases of development and prior to any dedication, conveyance, taking or purchase of any portion of the land by the City, indicates the maximum permissable Gross Floor Area for all Buildings or Structures on the Lot , excluding interior Common Amenity Space, an underground, at grade or above grade parking structure, floor space located in the cellar or basement or existing floor space located within the existing heritage building located on the Lot and including minor additions thereto. “Gross Floor Area” means the total floor area of a Building measured from the centre line of partition walls and the exterior face of outside walls, but does not include the floor area of any basement, cellar, Attic, Garage, Porch or any space below, at or above grade within any structure Used for interior Common Amenity Space, parking, loading, moving rooms, garbage collection or storage, mechanical or electrical systems or rooms or bicycle lockers or storage rooms or areas. "Landscaped Open Space" means the area of a Lot which is at grade or above grade and Used for the growth and maintenance of grass, flowers, trees, shrubbery, natural vegetation and indigenous species and other landscaping and includes any buffer strip, surfaced walk, surface patio, swimming pool or similar area on the entire property, including all phases of development and prior to any dedication, conveyance, taking or purchase of any portion of the land by the City, but does not include any access Driveway, ramp, Parking Area or any open space beneath or within any Building or Structure; “Micro-brewery or Brew Pub” means a Place used for the small scale and independent manufacturing of specialty or craft beer or wine produced for retail sale and consumption off-premises, or on-site consumption when located in combination with a permitted restaurant or tavern. “New Development Sales” means a Place, including either temporary or permanent buildings or structures, which is used on an interim basis as an office, showroom and/or sales centre in which to promote or to conduct the

sale or leasing of new residential units or commercial space on the same Lot.

(2) By adding to Section 5.4.3.2 – Restricted Defined R.4B Areas – Specialized R.4B Zones the following Section and provisions:

5.4.3.2.X R.4B-X

5 Arthur Street South As shown on Defined Area Map Number 38 of Schedule “A” to this By-law:

5.4.3.2.X.1 Permitted Uses: 5.4.3.2.X.1.1 Permitted Residential Uses in the R.4BX-Area 1, 3 and 4:

Apartment Buildings

Maisonettes

Townhouses

Stacked Townhouses

Cluster Townhouses

A Home Occupation

Accessory Buildings or Structures

New Development Sales 5.4.3.2.X.1.2 Permitted Residential Uses in the R.4BX-Area 2 when

located within the existing heritage building or minor additions thereto:

Apartment Building

Dwelling Units

Maisonettes

A Home Occupation

Accessory Buildings or Structures

New Development Sales

5.4.3.2.X.1.3 Permitted Non-Residential Uses in the R.4BX-Area 1 and 2:

Agricultural Produce Market

Art Gallery

Artisan Studio

Bake Shop

Boutique

Micro-Brewery or Brew Pub

Commercial School

Community Scale Services and Facilities

Convenience Store

Day Care Centre

Dry Cleaning Outlet

Financial Establishment

Florist

Home Occupation

Laundry

Medical Office

Medical Clinic

Office

Parking Facility

Personal Service Establishment

Pharmacy

Postal Service

Recreation Centre

Restaurant

Restaurant (take-out)

Retail Establishment

Tavern

A Building or Use Accessory to the foregoing permitted Uses.

Any other commercial establishment where goods or ancillary services are offered or retail or personal services are rendered, except an Amusement Arcade, an Adult Entertainment Parlour, or a Body-rub Parlour

5.4.3.2.X.1.4 Permitted Non-Residential Uses in the R.4BX-Area 3 and

4, provided that such uses front onto or face a public or private street and that any individual unit does not exceed a Gross Floor Area of 500 square metres in size per unit:

Agricultural Produce Market

Art Gallery

Artisan Studio

Bake Shop

Boutique

Micro-Brewery or Brew Pub

Commercial School

Community Scale Services and Facilities

Convenience Store

Day Care Centre

Dry Cleaning Outlet

Financial Establishment

Florist

Home Occupation

Laundry

Medical Office

Medical Clinic

New Development Sales

Office

Parking Facility

Personal Service Establishment

Pharmacy

Postal Service

Print Shop

Recreation Centre

Restaurant

Restaurant (take-out)

Retail Establishment

Tavern

A Building or Use Accessory to the foregoing permitted Uses.

Any other commercial establishment where goods or ancillary services are offered or retail or personal services are rendered, except than an Amusement Arcade, an Adult Entertainment Parlour, or a Body-rub Parlour shall not be permitted

5.4.3.2.X.2 Regulations: Despite Section 5.4.2, only the following regulations shall

apply to the R.4B-X Zones and the FL-X (A1) and FL-X (A2) Zones:

5.4.3.2.X.2.1 Maximum Density (FSI): 2.0 FSI

5.4.3.2.X.2.2 Minimum Common Amenity Area 30 m2 per Available to Residents Unit up to 20 Units, 10 m2 per Unit for Each Additional Unit 5.4.3.2.X.2.3 Despite Section 5.4.2.4.3 and 5.4.2.4, a Common Amenity Area may be located in required Front Yard or Exterior Side Yard and all Landscaped Open Space

areas, Building roof tops, patios, and above ground decks

shall be included as part of the Common Amenity Area regardless of whether recreational facilities are provided.

5.4.3.2.X.2.4 Minimum Landscaped Open Space 20% of Lot Area 5.4.3.2.X.2.5 Maximum Building Floor Plate Above 6th Storey 1,200 m2 Above 10th Storey 1,000 m2 Maximum Dimensional Floor Plate 2.5:1.0 Restriction (Above 9th Storey Only) 5.4.3.2.X.3 Minimum Yards 5.4.3.2.X.3.1 R.4BX-Area 1 Minimum Front Yard From Arthur Street to Building Podium 3.0 m From Elizabeth Street to Building Podium 3.0 m Minimum Side Yards 3.0 m Minimum Setback to West Lot Line 3.0 m 5.4.3.2.X.3.2 R.4BX-Area 2 Minimum Front Yard From Arthur Street to Heritage Building Existing Minimum Rear Yard Existing Minimum Side Yards Existing Minimum Setback to River Existing

5.4.3.2.X.3.3 R.4BX-Area 3 Minimum Front Yard From Arthur Street to Townhouse 2.5 m From Arthur Street to Raised Walkway/Patio 1.0 m Minimum Side Yards 3.0 m Minimum Setback to West Lot Line 15.0 m

5.4.3.2.X.3.4 R.4BX-Area 4 Minimum Front Yard From Arthur Street to Building Podium 6.0 m From Cross Street to Building Podium 2.0 m Minimum Side Yards 3.0 m Minimum Setback to West Lot Line 15.0 m

5.4.3.2.X.4 Setbacks 5.4.3.2.X.4.1 Minimum Setback of an Underground 0 m Parking Structure from the property line 5.4.3.2.X.4.2 Minimum Setback of a Building from the 15 m edge of the River (excluding the existing heritage building) 5.4.3.2.X.4.3 Despite Section 4.7, all raised patios, walkways, ramps, retaining walls, planters and other are permitted to project into the required Front Yard in the R.4BX-Area 3

between the main wall of the Townhouses and the Front Lot Line to a maximum distance of 1.5 metres, except that stairs and ramps may have a minimum setback of 0.0 metres from the Front Lot Line

5.4.3.2.X.5 Building Heights 5.4.3.2.X.5.1 Maximum Building Heights: R.4BX-Area 1 Apartment Building 14 storeys R.4BX-Area 2 Heritage Building Existing R.4BX-Area 3 Podium Townhouses 4 storeys Apartment Buildings 12 stores R.4BX-Area 4 Apartment Building 14 storeys 5.4.3.2.X.5.2 Minimum Ground Floor Ceiling Height 4.2 m for Apartment Buildings Containing Ground Floor Non-Residential Units 5.4.3.2.X.6 Minimum Distance Between Buildings 5.4.3.2.X.6.1 Minimum Distance Between the Principal Building Face of One Apartment Building and the Principal Face of Another Apartment Building At or below 6 storeys 18 m Above 6 storeys) 25 m 5.4.3.2.X.6.2 Minimum Distance Between Existing 16 m Heritage Building and Any Other Residential Building

5.4.3.2.X.7 Setbacks of Upper Storeys of Apartment Buildings 5.4.3.2.X.7.1 R.4BX-Area 1 Additional Minimum Setback for the Tower 3.0 m Portion of an Apartment Building Above a 4-Storey Podium Facing a Public Street or the River4 5.4.3.2.X.7.2 R.4BX-Area 3 Additional Minimum Setback for the Tower 5.0 m Portion of an Apartment Building Above a 3 or 4 Storey Podium/ Townhouse Facing a Public Street or the River 5.4.3.2.X.7.3 R.4BX-Area 4 Additional Minimum Setback for the Tower 3.0 m Portion of an Apartment Building Above 5 Storey Podium/Parking Structure Facing a Public Street or the River

5.4.3.2.X.8 Angular Planes 5.4.3.2.X.8.1 Despite Section 4.16, Angular Planes, of this By-law Shall

Not Apply to any building or structure on the Lot 5.4.3.2.X.9 Off Street Parking: 5.4.3.2.X.9.1 A minimum of 1.0 Parking Spaces per Dwelling Unit for

residents shall be provided and may be located within an underground garage or an above-grade parking structure or on the surface of the Lot.

5.4.3.2.X.9.2 A minimum of 0.15 Parking Spaces per Dwelling Unit for

visitors shall be provided and may be located within an underground garage or an above-grade parking structure or on the surface of the Lot

5.4.3.2.X.9.3 A minimum of 1 Parking Space for each 33 square

metres of gross floor space shall be provided for other non-residential uses and may be located within an underground garage, an above-grade parking structure or on the surface of the Lot

5.4.3.2.X.9.4 Required parking for non-residential uses within the

existing heritage building shall have a parking standard

equivalent to 50% of the normally required standard for such uses

5.4.3.2.X.9.5 Despite Section 4.13.2.2, a Parking Area for resident

and/or visitor Parking Spaces adjacent to the existing heritage building in the R.4BX-Area 2 may be located within the Front Yard provided that the nearest Parking Spaces are set back a minimum of 1.0 metre from the Arthur Street South Lot Line.

5.4.3.2.X.10 Bicycle Parking:

5.4.3.2.X.10.1 Bicycle Parking shall be provided on the same lot as the

use of the building for which it is required for.

5.4.3.2.X.10.2 Bicycle Parking may be provided for by a combination of

racks at the surface, within a basement or garage of an

apartment dwelling, a secure parking area, room or

enclosed container, or within a specially designed and

designated spot provided within a storage locker.

5.4.3.2.X.10.3 Bicycle Parking Shall be provided at the ratio of 0.65

bicycle parking spaces per Dwelling Unit on the Lot.

5.4.3.2.X.11 Garbage, Refuse and Storage 5.4.3.2.X.11.1 Garbage and refuse storage shall occur in accordance

with 4.9, except that garbage and refuse storage for the existing heritage building may be located within a rear or side yard provided that it is within a screened or fenced enclosure.

5.4.3.2.X.12 Bonus Provision 5.4.3.2.X.12.1 Despite any provision to the contrary, the as-of-right

density of 2.0 FSI and the building heights on the Lot Shall be permitted to increase where a satisfactory agreement is entered into with the City for the provision of public benefits under the applicable policies of the Official Plan and the Secondary Plan and in accordance with the Planning Act.

5.4.3.2.X.13 Severability Provision 5.4.3.2.X.13.1 The provisions of this By-law shall continue to apply

collectively to the whole of the lands identified on

Schedule “A” as R.4B-X despite any future severance, conveyance, taking, widening, partition or division for

any purpose

(3) By adding to Section 12.2.X – Specialized Floodway Zones, the following Section and provisions:

12.2.X FL-X-Area 1 and FL-X-Area 2 Zones

5 Arthur Street South As shown on Defined Area Map Number 38 of Schedule “A” to this By-law:

12.2.X.1 Permitted Uses and Regulations:

12.2.X.1.1 FL-X-Area 1

Notwithstanding the Uses permitted in Section 12.2.1 and the Regulations in Section 12.2.2, Non-Residential Uses, Development or Redevelopment permitted in the adjacent R.4B-X-Area 1 Zone may encroach into FL-X-Area 1 Zone, subject to satisfying the Grand River Conservation Authority with respect to floodproofing for such uses.

12.2.X.1.2 FL-X-Area 2

Notwithstanding the Uses permitted in Section 12.2.1 and the Regulations in Section 12.2.2, Uses, Development or Redevelopment permitted in the adjacent R.4B-X-Area 2 Zone may encroach into FL-X-Area 2 Zone, subject to satisfying the Grand River Conservation Authority with respect to floodproofing for such uses.

(4) By adding to Section 12.4, Regulations for Lands Within the Special Policy

Area (S.P.A.):

12.4.X 5 Arthur Street South As shown on Defined Area Map Number 38 of Schedule “A” to this By-law:

12.4.X.1 Notwithstanding regulations and requirements of Section

12.4, Regulations for Lands Within the Special Policy Areas, Uses listed as Permitted Uses within the R.4B-X Zones shall be permitted subject to satisfying the Grand River Conservation Authority with respect to floodproofing requirements.

3. Schedule ‘A’ of BY-law Number (1995)-14864, as amended, is hereby further

amended by deleting Defined Area Map ____and substituting therefore a new

Defined Area Map ___ attached hereto as Schedule “A”.

4 Where notice of this by-law is given in accordance with the Planning Act, and

where no notice of objection is filed within the time prescribed by the Act, this By-

law shall come into effect. Notwithstanding the above, where notice of objection

has been filed within the time prescribed by the Act, no part of this by-law shall

come into effect until all of such appeals have been finally disposed of by the

Ontario Municipal Board.

PASSED this______ day of ________,2014

______________________________

KAREN FARBRIDGE – MAYOR

______________________________

BLAIR LABELLE - CLERK