STAFF REPORT PLANNING POLICY FRAMEWORK UNIMIN LANDS

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1 STAFF REPORT DEPARTMENT: CHAIR: Planning and Development Deputy Mayor S. Kramp DATE: April 26, 2012 SUBJECT: PLANNING POLICY FRAMEWORK UNIMIN LANDS RECOMMENDATION: That Committee consider Staff Report #PL and determine a recommendation to Council from the options identified or discussed. BACKGROUND: Unimin Canada Inc. (Unimin) announced the closing and proposed sale of its Midland facility and lands on April 14, The current mineral aggregate operations will be closed by June 30, Council requested Staff to provide a report on the current planning policy framework affecting the Unimin lands and identifying options for its consideration in developing a long term vision for this significant waterfront site in the Town of Midland. This report sets out, primarily in the attachments, the information requested by Council. ANALYSIS: Attached to this report is a summary analysis of the current planning framework for the Unimin lands. The attached document provides site details, Official Plan policies and objectives, current zoning and permitted uses along with an analysis of the requirements in respect of future development proposals for the site including identifying the need for various planning studies and amendment applications. In addition, relevant portions of the Official Plan and Zoning By-law are also provided. Three options are identified in response to the planned closing and sale of the Unimin waterfront properties. Two of the three options have financial costs associated with them, as further outlined in the attachment and below. Planning and Development 1 Policy Framework Unimin lands May 2, 2012 Report # PL

2 SUSTAINABILITY CONSIDERATIONS: 1. Is the item currently identified in the Severn Sound Sustainability Plan? List Goals and Strategic Directions: 2. Does it fulfill the sustainability vision of the Town of Midland? 3. Are there negative impacts on any of the three (3) sustainability pillars (environment, community, economy)? Yes Yes Yes No No No 4. Does it advance other initiatives? Yes No Comments CONCLUSIONS: The Town s Official Plan provides some guidance with respect to the re-development of the Unimin lands; however, it does not provide a comprehensive vision for the Unimin lands and it does not provide a consistent and clear policy and regulatory framework for the entire Unimin site. To define a planning and policy framework for the future redevelopment of the Unimin site, a series of options are identified. Committee should determine how it wishes to respond to the opportunities provided by the unfortunate closure of the Unimin facility and the eventual sale of its strategically located lands on Midland waterfront. FINANCIAL IMPACT: Depending on the option chosen, the financial impact could range from as low as $7,000 to as high as $75,000. The 2012 Planning and Development Department Budget includes no allocations for planning studies. Prepared by: W. Crown, Director of Planning and Development Attachments Planning and Development 2 Policy Framework Unimin lands May 2, 2012 Report # PL

3 Page 1 of 7 Unimin Waterfront Lands Planning Analysis UNIMIN WATERFRONT LANDS PLANNING ANALYSIS CURRENT STATUS Unimin Canada Inc. (Unimin) announced the closing and proposed sale of its Midland facility and lands on April 14, The current mineral aggregate operations will be closed by June 30, 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 both local and national real estate advisors regarding the potential sale of their waterfront lands located on the shore of Midland Bay of Georgian Bay. Unimin has indicated an interest in discussing with the Town a partnering, on a cost sharing basis, on a planning study for the site to determine its long term highest and best use. THE SITE Unimin owns three 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 existing residential neighbourhoods. The combined parcels have a water frontage of almost 1100 metres or 3300 feet and a combined area of 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 Owner Current Use Area (ha) Water Frontage (m) A 420 BAYSHORE UNIMIN CANADA Mineral Aggregate DRIVE LTD Processing Plant B 288 BAYSHORE ONTARIO Vacant DRIVE INC C 475 BAYSHORE ONTARIO Vacant 1.49 DRIVE INC

4 Page 2 of 7 Unimin Waterfront Lands Planning Analysis 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 for the subject properties.

5 Page 3 of 7 Unimin Waterfront Lands Planning Analysis 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

6 Page 4 of 7 Unimin Waterfront Lands Planning Analysis 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.

7 Page 5 of 7 Unimin Waterfront Lands Planning Analysis 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: 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

8 Page 6 of 7 Unimin Waterfront Lands Planning Analysis 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 Official Plan identified proposed uses 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. OPTIONS The Town s Official Plan provides some guidance with respect to the re development of the Unimin lands; however, it does not provide a comprehensive vision for the Unimin lands and it does not provide a consistent and clear policy and regulatory framework for the entire Unimin site. To define a planning and policy framework for the future re development of the Unimin site, the following options are available: 1. The Town can determine to have the existing planning documents provide the policy context for the site and require the prospective developer(s) to undertake the needed planning and other studies required by the proposed re development plans. The process would require the statutory level of public consultation, generally one open house and one formal public meeting on the required planning amendments. While cost effective from the Town s, this option has the Town responding to development proposals rather than defining its long term vision for the waterfront in this location. This option also provides less certainty to the development community where the proposed redevelopment plans would not conform to the existing policy framework. In

9 Page 7 of 7 Unimin Waterfront Lands Planning Analysis addition, the requirements to complete the MCR (if major retail or residential uses are proposed) on a Town wide basis would be in the hands of the applicant in this case. 2. The Town could undertake a limited planning study to extend the Secondary Plan Study Area limits to include the entire Unimin site and to further define the scope, content and consultation requirements for a Secondary Plan Study or Master Plan Study for the site. This option would permit the Town to better define its goals and objectives for the Unimin site and the requirements for the Secondary Plan Study, while still providing a level of flexibility to permit the private sector to consider a range of re development options within the framework defined by the Town. This approach could also include the required undertaking of a MCR where non employment uses were to be considered as part of a mixed use redevelopment concept. Costs for this option could be in an estimated range of $7,000 $9,000, excluding the MCR. 3. A Secondary Plan/Master Plan Study for the Unimin site could be commissioned. The Master Plan would provide a vision of what a post industrial/employment based waterfront for the Town of Midland could become. The Secondary Plan would form the basis for Official Plan changes to provide clear guidance for future private sector redevelopment proposals. Secondary Plan/Master Plan studies for major waterfront sites typically include significant public consultation components. Costs for this option could be in an estimated range of $65,000 $70, Discussion of the offer of a cost sharing proposal from Unimin could be considered. The Study could take the form of Options 2 or 3 as noted above. 5. The above noted options or alternatives to the above noted options could be reconsidered following the sale of the lands.

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11 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 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.

12 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 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: 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; The proposed change will promote the use of land or building space otherwise deemed not suitable in terms of the former use; Adequacy of municipal services and facilities Development Policies

13 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 m 2 (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.

14 SECTION 7 INDUSTRIAL ZONES 7.1 INDUSTRIAL ZONE M 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 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

15 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 Zone Requirements Minimum Lot Area 4000 m Minimum Lot Frontage 30.0 m Maximum Lot Coverage 60% 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 Maximum Building Height 11.0 m Outside storage is permitted but it shall be concealed from sight from all adjacent streets and residential zones Zone Exceptions M1-1 The following Zone Exceptions shall have the same permitted uses and zone provisions as the regular M1 Zone except as noted. Notwithstanding Section 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 and known municipally as 420 Bayshore Drive and Zoned M1-1: (a) Maximum Building Height 30 metres

16 6.4 MARINE COMMERCIAL - MC 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 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 Zone Requirements Minimum Lot Area 1000 m Minimum Lot Frontage 45 m Maximum Lot Coverage 50% Minimum Yard Setbacks (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 6-1 SECTION 6 COMMERCIAL ZONES

17 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 Notwithstanding Section no building or structure shall be located within 15.0 m of the 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 m as established by the Geodetic Surveys of Canada, North American Datum, 1983, adjacent to Georgian Bay Zone Exceptions MC MC-2 The following Zone Exceptions shall have the same permitted uses and zone provisions as the regular MC Zone except as noted. 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 m Notwithstanding SECTIONS 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 6-2 SECTION 6 COMMERCIAL ZONES