unimin waterfront lands

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Unimin Waterfront Lands – Planning Information Package
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UNIMIN WATERFRONT LANDS
CURRENT STATUS Unimin Canada Inc. (Unimin) announced the closing and proposed sale of its Midland facility and lands on April 14, 2012. The current mineral aggregate operations will be closed by June 30, 2012. Unimin has indicated it will be proceeding with, after the closing of operations, the decommissioning and demolition of all buildings and equipment and undertaking Phase 1 and 2 Environmental Site Assessment (ESA) reports for its waterfront lands. Unimin is working with local real estate advisors regarding the potential sale of their waterfront lands located on the shore of Midland Bay of Georgian Bay. THE SITE Unimin owns three assessed parcels of land with direct frontage and access on Midland Bay of Georgian Bay. The lands are located within the fully serviced urban settlement area of the Town, immediately adjacent to the Downtown anchored by its public Harbour, and adjacent to existing residential neighbourhoods. The combined parcels have a water frontage of almost 1100 metres or 3300 feet and a combined area of approximately 16.24 hectares (40 acres), making them the most important waterfront development location in the Town on Georgian Bay. The three parcels are further described in Table 1 below and on Figure 1. Attached as Figure 2 is a detailed aerial map showing the subject lands. Table 1 – Subject Lands Parcel Address A B C Owner Current Use Area (ha) 420 BAYSHORE UNIMIN CANADA Mineral Aggregate 7 DRIVE LTD Processing Plant 288 BAYSHORE 909273 ONTARIO Vacant 7.75 DRIVE INC 475 BAYSHORE 909273 ONTARIO Vacant 1.49 DRIVE INC Water Frontage (m) 389 647 Page 2 of 6
Unimin Waterfront Lands – Planning Information Package
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Figure 1 TOWN POLICIES Provided below is an excerpt from Schedule A to the Midland Official Plan and an excerpt from Schedule A to Zoning By‐law 2004‐90 for the subject properties. Page 3 of 6
Unimin Waterfront Lands – Planning Information Package
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Attached as #1 are the relevant policies and provisions of the Official Plan and Zoning By‐law including the list of permitted uses in the current “M1‐1” and “MC” Zones. The lands are located within the Town’s settlement area as defined by both the existing and proposed County Official Plan and are also located within the Town’s “Built Boundary” as defined by the Province through the Growth Plan. Parcel A of the subject lands are designated EMPLOYMENT AREA in the Town’s Official Plan and zoned Industrial Exception “M1‐1 BH30”. The zoning permits the full range of primary industrial uses under the “M1” Zone and the “BH” exception permits a maximum Building Height of 30 metres. New uses permitted as‐of‐right on Parcel A by the Zoning By‐law would only require Site Plan Approval and a building permit. Permitted uses include a Banquet Hall, Conference Centre, Eating Establishment, dry land Marina, and Professional Offices. New Commercial and Retail uses, a full marina, and no residential uses are not permitted by the “M1‐1” Zone. A Municipal Comprehensive Review (MCR) would be required prior to considering applications to permit major Retail Commercial uses or Residential uses. Residential uses would require an amendment to the Official Plan and a rezoning in addition to the MCR. All planning applications Page 4 of 6
Unimin Waterfront Lands – Planning Information Package
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would be subject to the standard requirements of a complete application (e.g. submission of required supporting studies and reports including Planning Analysis report, Engineering report, Traffic Impact, etc.). Parcels B and C of the subject lands are designated EMPLOYMENT AREA in the Town’s Official Plan and zoned “R/MC‐H”. The designation is also subject to a Secondary Plan Policy requirement which notes that the lands may provide an ideal location for a convention centre/tourist accommodation facility. The Official Plan requires that the opportunity for these uses should be investigated before alternative new uses are considered. The “R/MC‐H” Zone is a modified development zone that would require a rezoning to permit either new uses. Marine Commercial uses include a marina, hotel commercial entertainment establishment and eating establishment. A Municipal Comprehensive Review would be required prior to considering applications to permit major Retail Commercial uses or Residential uses. Residential uses would require an amendment to both the Official Plan and Zoning By‐law. All planning applications would be subject to the standard requirements of a complete application (e.g. submission of required supporting studies and reports including Planning Analysis report, Engineering report, Traffic Impact, etc.). The Town, through its Official Plan, has identified a number of specific public interest objectives that it would require to be achieved in respect of the redevelopment/development of this portion of the Town’s waterfront. The Official Plan has identified the following objectives for the site: 

The focus of the project should be on capturing the site’s ability for new employment development (EMPLOYMENT AREA designation) that would lead to an increase in long term sustainable employment in the Town of Midland. The Town should maximize the attributes of Georgian Bay to its full potential. This should be achieved through new development ensuring reasonable, controlled public access to all areas of the waterfront for the benefit of the Town. All waterfront development should be of the highest standard (both in design and environmentally) and properly integrated with surrounding uses. Ensure that development of the Georgian Bay waterfront is supportive of the Downtown and by enhancing the waterfront trail, park system and the Town dock with a particular focus on the retention of scenic views. Create and ensure facilities and spaces which will enhance the tourism economy. Page 5 of 6
Unimin Waterfront Lands – Planning Information Package
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The development of the site should position Midland as a unique waterfront community with a destination waterfront tourism focus; potentially including a convention centre, hotel, Great Lakes cruise ship facility, and associated and related opportunities. The development should provide greater public access to the Georgian Bay waterfront through direct land dedication and park development and public access via internal roadways, waterfront trails and view outlooks; with all waterfront parks and facilities being available to all groups and residents of the Town. THE ISSUES There are a range of planning and development issues that will have to be addressed by any prospective private sector developer in respect of the proposed re‐development of the Unimin lands. These include: 
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Existing and historical industrial uses of the subject lands. Any redevelopment of the lands to a sensitive land use (residential or open space) will require the completion of a Phase I and Phase II ESA’s pursuant to the Environmental Protection Act and Ontario Regulation 153/04. Where residential or other sensitive land uses are proposed (parks or open space uses), a site remediation and clean‐up would likely be required. The condition of the site may impact future design options and layout. The lands are designated EMPLOYMENT AREA in the Town’s Official Plan. Where all or a portion of the site is proposed to be redeveloped for non‐employment uses (major Retail or Residential uses) a Municipal Comprehensive Review (MCR) with respect to the conversion of employment lands would be required. The MCR has to be completed on a Town‐wide basis in accordance with the PPS and Growth Plan. Major employment uses such as a hotel and convention centre, together with ancillary retail uses that support the main use, would normally not trigger the requirements of a MCR. Stand‐alone major Retail and any Residential uses would trigger the requirement for a MCR. The Town’s Official Plan Schedule notes that a “Secondary Plan” would be required for Parcels B and C. The Official Plan notes that a level of investigation respecting a convention centre/tourist accommodation facility is required prior to the consideration of alternative uses/concepts for Parcels B and C. A Secondary Plan study generally adapts and implements the objectives, policies, land use designations and overall planning approach of the Official Plan to fit with local context and establish development policies to guide growth and change in the area. Secondary Plans promote Page 6 of 6
Unimin Waterfront Lands – Planning Information Package
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a desired type and form of physical development in a specific area and is intended to provide clear and consistent guidance for public and private investment. At the very least, a feasibility level review of the proposed uses identified in Official Plan would therefore be required as part of a Secondary Plan study for Parcel B and C. The Official Plan does not extend the requirement for a Secondary Plan Study to include Parcel A. Depending on the proposed uses, amendments to the Official Plan and Zoning By‐law would likely be required, subject to the completion of the MCR, if needed. Subject to the development proposal and land use concept and the results of the MCR and Secondary Plan Study for Parcels B and C, an Official Plan Amendment would likely be required. This would require County review and approval. A rezoning would also be required to implement the approved concept and adopted Official Plan Amendment. All planning changes would be subject to the full public process under the Planning Act. A range of servicing and infrastructure issues would need to be investigated including, but not limited to, sanitary sewer and water servicing, storm sewer and stormwater management, shoreline and fish habitat, traffic and transportation impacts, land use compatibility, electrical servicing, etc. The range and magnitude of the investigations would be contingent on the scope and scale of the overall development concept for the site. Figure 2 - Unimin Lands
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1.3
The Vision of Midland
1.3.1
The Vision Statement
In pursuit of quality of life, Midland will proceed to become the active regional
centre for Southern Georgian Bay. Reflective of the natural beauty of the
region, Midland will remain a balanced community offering its residents and
visitors economic opportunity and prosperity while maintaining a high level of
protection for the lifestyle and environment.
1.3.2
Vision Background
The Official Plan is intended to reflect and build upon the character, identity
and natural features of the community and the surrounding area. The Plan is
also intended to provide guidance, encouragement and security concerning
economic development and investment.
Midland’s history is rich in terms of area events dating back to the French
explorers, Jesuit fathers and the aboriginal people of the Huron and Iroquois
nations. The harbours of the area, originally known as Mundy’s Bay, provided
access to the Great Lakes and beyond and with the arrival of rail service
established the community as an important shipping and trade centre in the
late 1800’s. The lumber and farm trade, ship building and manufacturing all
contributed to establish a firm base for the employment opportunities that
exist today. Tourism has also contributed heavily to the Town’s success
through a significant cottage presence in the area, the unparalleled boating
opportunities and local recreational, historical and religious attractions.
1.3.3
Broadening the Vision
The vision of Midland’s future is summarized as follows:

The People
Much of Midland's population growth is anticipated to be newcomers
consisting basically of two groups. The first group will be younger families,
likely well educated, that will locate here for business opportunities and
lifestyle reasons. The second group is expected to be retirement or near
retirement persons, relocating from the Greater Toronto Area for life style and
security reasons. This segment may well accelerate future growth demands
resulting from the area's attractiveness as a retirement community.

Location
SECTION 2 – GENERAL DEVELOPMENT POLICIES
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Midland forms and functions as the centre of a community bounded by
Penetanguishene, Wyebridge and Victoria Harbour. It offers a regional
setting which includes business, commerce, social, recreational and housing
opportunities. The retail of the County Road 93 area, the light industry of
Provincial Highway 12, the tourism, commercial and entertainment features of
the downtown and the recreational and leisure amenities of Georgian Bay
form a balanced and appealing fabric, which can be improved upon and
expanded.

Employment
A growing segment of the work force will remain engaged in light industry.
Major new and expanded employment areas will be developed in education,
information technology, government, retail and service, and recreation and
tourism.

The Environment
Midland will become a recognized leader in town design that compliments
and enhances the environment. Design elements include the preservation
and quality of the Georgian Bay waterfront and Little Lake, appropriate air
quality and pollution controls, environmental awareness initiatives and the
protection of natural heritage features from inappropriate urbanization.

Lifestyle
Midland’s unique setting in the beauty of Georgian Bay sets the standard for
development excellence in preserving this jewel. The
preservation
and
enhancement of the Georgian Bay waterfront, Little Lake and the historic
downtown core will be pursued. Expanded and improved social, health care
and educational services and facilities will be sought together with
improvements to public transit, walking and cycling trails and gathering places
which should be planned to optimize public use. Midland’s lifestyle should
provide a living environment, unparalleled in the region, which provides
security, community pride and a sense of belonging.
This Plan supports the bright and progressive future envisioned for the Town.
The Plan is intended to promote a diversified housing base, growth in the
existing downtown and waterfront areas, recreational opportunities,
commercial and industrial growth and the expansion of tourism opportunities.
The Plan, however, will occur within the context of a civic respect and
recognition of the importance to preserve the natural environment of the land
and adjacent bodies of water.
SECTION 2 – GENERAL DEVELOPMENT POLICIES
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2.5
The Waterfront
2.5.1
It is a goal of this Plan to maximize the attributes of the Georgian Bay and
Little Lake waterfronts to their full potential. This can be achieved, in part,
through activities and public and private initiatives, which will:
2.5.1.1
In new development ensure reasonable, controlled, public access to all areas
of the waterfront, for the benefit of the general populace of Midland;
2.5.1.2
Ensure that all waterfront development is of the highest standard and properly
integrates with surrounding uses;
2.5.1.3
Ensure that the development of the Georgian Bay waterfront is supportive of
the Downtown District, by enhancing the waterfront public trail (Trans Canada
Trail), park system and Town dock with particular focus on the retention of
scenic views;
2.5.1.4
Create and encourage facilities and spaces which will enhance the tourism
economy;
2.5.1.5
Ensure that all waterfront development adheres to Ministry of the
Environment stormwater reductions for both quality and quantity.
SECTION 2 – GENERAL DEVELOPMENT POLICIES
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SECTION 3 – LAND USE DESIGNATIONS
3.0
LAND USE DESIGNATIONS
This Plan contains six land use designations. It is intended that development
will occur in accordance with the policies of the Land Use Designations as
shown on Schedule ‘A’ and the other applicable map Schedules of this Plan.
3.1
Employment Areas
The Employment Areas designation is intended to provide for business and
commerce, industry and compatible community and institutional uses. These
lands are intended to provide adequate lands for the future needs of this
aspect of the community over the life of the Plan.
The potential for diversity of uses within this designation requires a
recognition and understanding of the competing and complementary
circumstances that exist so as best to satisfy the needs of the various users
and the community at large. As such, within industrial park areas, the
predominant use shall be for large scale industrial, manufacturing and related
service uses. Commercial and institutional uses, generally on the periphery
of such areas, may be considered. Re-development of outmoded industrial
uses to commercial or other compatible uses, particularly in conjunction with
the Downtown District, is contemplated. It is also understood that there may
be some demand for a conversion of industrial properties to commercial uses,
which may be considered where such proposed uses are deemed compatible
with surrounding uses. Furthermore, residential uses may be considered,
where deemed appropriate, in conjunction with the permitted uses of this
section.
It is the intent and purpose of this Plan to support and encourage appropriate
business growth and to foster market place changes and acceptable land use
mixes which will occur over the life of the Plan.
3.1.2
Objectives
a) To provide opportunities for a diversified economic base which supports a
healthy, stable economy and enhances employment opportunities.
b) To provide for and maintain an adequate supply of developable land.
c) To reduce and respect the natural conflicts between business uses and
residential and public uses.
3.1.3
Permitted Uses
a) Industrial uses include manufacturing, assembly, processing, service
industries, research and development facilities, warehousing, freight
transfer and transportation facilities, automotive including vehicle repair,
office buildings, wholesale outlets and personal and professional service
uses. As a general rule these uses should be considered as low impact
uses in terms of noise, emissions, visual appearance, odour, or elements
having similar negative effects on adjacent uses. Appropriate separation
distance and buffering from non-compatible uses will form part of any
development approval consideration.
b) Commercial uses include retail, commercial and business uses. These
uses may include, but are not limited to, retail uses, personal services,
recreation and tourism, golf courses, tourism accommodation,
entertainment uses, business and professional offices, eating
establishments, service shops, automotive, community facilities, day care
centers, nursing homes and medical services. Such uses will be located
having regard for the compatibility of the use in terms of location and
surrounding and adjacent uses.
c) Institutional and community service uses include hospitals, government
buildings, places of worship, educational facilities, libraries, day care
centers, open space and similar public uses. The location of such uses
should be based on compatibility with adjacent and surrounding uses and
accessibility in terms of service to the community.
d) Residential uses may be permitted above the ground floor of commercial
uses and accessory to institutional uses.
3.1.4
Change of Use
Applications for re-zonings, which would permit a change of land use, will be
considered in terms of the policies of this section and the following criteria:
3.1.4.1
Current industrial lands should generally be reserved for manufacturing and
related uses. Lands on the periphery of industrial areas, or adjacent to major
roads, may be considered for commercial and service related uses as long as
these uses are viewed as being compatible and would not interfere with
adjacent industrial uses;
3.1.4.2
The proposed change will promote the use of land or building space
otherwise deemed not suitable in terms of the former use;
3.1.4.3
3.1.5
Adequacy of municipal services and facilities.
Development Policies
a) Building design, location and treatment should be complementary to
surrounding uses. Buildings located adjacent to major transportation
routes are expected to present a best face forward design approach,
including landscaping, to heighten the aesthetic appeal of the location and
the surrounding area.
b) Adequate parking and loading facilities will be provided on site. Shared
access and parking for adjacent developments is encouraged, together
with shared internal roadways, to reduce the need to use local streets.
c) Adequate visual screening between adjacent residential and open space
uses shall be provided.
Outside storage areas shall be fenced and
screened so as to appropriately conceal the use from adjacent properties
and streets.
d) The following locational and design features are to be applied to motor
vehicle facilities:
i) New service stations and gas bars should generally be permitted at
collector and arterial road intersections or in conjunction with land
extensive commercial shopping facilities;
ii) Service stations and gas bars should be limited to no more than two at
any intersection;
iii) Car washing facilities should be located and designed to minimize
visual and noise impacts on adjacent properties.
e) Development within this designation should be subject to site plan control
as set out in Section 8.8. Development or re-development of existing
uses, which would result in a significant expansion of usable floor area,
may be subject to site plan control. For the purpose of this section
“significant expansion” is defined as an expansion of approximately 25%
or greater of gross floor area coverage on the subject lot or 25% or 460 m2
(4,950 sq. ft.) of the usable floor area of any building associated with the
use. The above is the cumulative amount of development following the
adoption of this Plan.
f) The lands located north of Bayshore Drive, between Midland Avenue and
William Street, may, in the future, provide for an ideal setting to locate a
convention center/tourist accommodation facility. Prior to any alternative
new use being considered on this site the opportunity to establish a tourist
accommodation use should be thoroughly investigated.
SECTION 7 INDUSTRIAL ZONES
7.1
INDUSTRIAL ZONE – M1
7.1.1
General Prohibition
Within an Industrial Zone – M1, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as
permitted in this Section and also such use, building or structure, shall be in
accordance with the regulations contained or referred to in this Section.
7.1.2
Permitted Uses
Adult Entertainment Parlor
Ambulance Depot
Animal Hospital
Attached Accessory Dwelling Unit
Auction Centre
Automobile Body Shop
Automobile Car Wash
Automobile Gas Bar
Automobile Sales Agency
Automobile Service Station
Banquet Hall
Catering Establishment
Commercial Entertainment Establishment
Commercial School
Conference Centre
Contractors Shop
Data Processing Center
Day Care Centre
Eating Establishment
Enclosed Warehouse and Storage
Factory Outlet
Fitness Club
Laboratory
Manufacturing Facility
Marina Dry Land
Mobile Fast Food Facility
Multi Occupancy Industrial Building
Office Uses Accessory to a Permitted Use
Place of Assembly
Printing Establishment
Private Club
Professional Office
Public Use
Radio and Communication Use
Recreational Vehicle and Vessel Sales and Rental Agency
Rent-all Shop
Self Storage Units
Training and Rehabilitation Centre
Welding and Metal Fabrication Plant
7.1.3
Zone Requirements
7.1.3.1
Minimum Lot Area
4000 m2
7.1.3.2
Minimum Lot Frontage
30 .0 m
7.1.3.3
Maximum Lot Coverage
60%
7.1.3.4
Minimum Yard Setbacks
(a) Front
(b) Rear
(c) Interior side
(d) Exterior side
7.5 m
8.8 m
6.0 m
7.5 m
7.1.3.5
Maximum Building Height
11.0 m
7.1.3.6.
Outside storage is permitted but it shall be concealed from sight from all
adjacent streets and residential zones.
7.1.4
Zone Exceptions
The following Zone Exceptions shall have the same permitted uses and zone
provisions as the regular M1 Zone except as noted.
7.1.4.1
M1-1
Notwithstanding Section 7.1.3.5 the following shall apply to the lands
described as Part Lots 107 and 108, Concession 2 (Tay) and more
particularly described as Parts 1 to 7, 9 to 11, Plan 51R-21160 and known
municipally as 420 Bayshore Drive and Zoned M1-1:
(a) Maximum Building Height
30 metres
6.4
MARINE COMMERCIAL - MC
6.4.1.
General Prohibition
Within a Marine Commercial Zone – MC, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than
as permitted in this Section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this Section.
6.4.2
Permitted Uses
Attached Accessory Dwelling Unit
Boat Docking
Boat Storage Facility
Commercial Entertainment Establishment
Eating Establishment
Fueling Facility
Hotel
Marina
Mobile Fast Food Facility
Motel
Private Club
Public Use
Recreational Vehicles and Vessel Sales and Rental Agency
Retail Sale of Marine Equipment, Accessories, Fishing Gear and Bait
6.4.3
Zone Requirements
6.4.3.1
Minimum Lot Area
1000 m2
6.4.3.2
Minimum Lot Frontage
45 m
6.4.3.3.
Maximum Lot Coverage
50%
6.4.3.4
Minimum Yard Setbacks
6.4.3.5
(a) Front
(b) Rear
(c) Interior side
(d) Exterior side
(e) Water side
(f) Marina water side
12.0 m
8.0 m
6.0 m
4.5 m
15.0 m
0.0 m
Maximum Building Height
11.0 m
Town of Midland Zoning By-law
SECTION 6 – COMMERCIAL ZONES
6-1
6.4.3.6
The Minimum Yard Setbacks shall be used when locating all buildings other
than a Marina Building that requires a launch ramp directly in to the water. In
the water, boat slips and launch ramp structures are exempt from the Section
6.4.3.
6.4.3.7
Notwithstanding Section 6.4.3.6 no building or structure shall be located
within 15.0 m of the 178.0 m elevation, as established by the Geodetic
Surveys of Canada, North American Datum, 1983, adjacent to Georgian Bay.
In addition, any openings to any building or structure shall be located no lower
than 178.5 m as established by the Geodetic Surveys of Canada, North
American Datum, 1983, adjacent to Georgian Bay.
6.4.4.
Zone Exceptions
The following Zone Exceptions shall have the same permitted uses and zone
provisions as the regular MC Zone except as noted.
6.4.4.1
MC-1
Notwithstanding SECTION 6.4.3, the following shall apply to the lands known
as Bay Port Marina (156 Marina Park Avenue) and Zoned MC-1:
(a) Maximum Building Height for the Boat Stacking Storage Building - 15.0 m
6.4.4.2
MC-2
Notwithstanding SECTIONS 6.4.2 and 6.4.3, the following shall be the only
permitted uses and the zone requirements on those lands zoned MC-2 and
known as the Tiffin Marina (725 Aberdeen Blvd.):
(a) Boat docking and mooring for up to a maximum of 94 slips.
(b) Private Park
(c) Private Club
(d) Public Pedestrian Walkway
(e) Lot Area (Minimum)
1 hectare
(f) Lot Frontage (Minimum)
1.8 metres
(g) Boat Slips (Maximum)
94
(h) All Yards (Minimum)
0 metres
(i) Height (Maximum)
11.0 metres
j) Required Parking
0 spaces
Town of Midland Zoning By-law
SECTION 6 – COMMERCIAL ZONES
6-2