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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 Owner Current Use Area (ha)

Water Frontage (m)

A 420 BAYSHORE DRIVE

UNIMIN CANADA LTD

Mineral Aggregate Processing Plant

7 389

B 288 BAYSHORE DRIVE

909273 ONTARIO INC

Vacant 7.75 647

C 475 BAYSHORE DRIVE

909273 ONTARIO INC

Vacant 1.49


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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.

Figure 1


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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


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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.


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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:

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


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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.

A

B

C

Baysh

ore Dr.

Hugel Ave.

Midland Ave.

King St.

Bay St.

Glouceste

r St.

Manly St.

Russell St.George St.

Charles St.

Queen St.

Dominion Ave.

Lindsay St.

Barnett Ave.

Edge

hill D

r.

Frank St.

Midland Ave.

Figure 2 - Unimin Lands

[60 0 60 120 180 24030Meters

1:5,000

SECTION 2 – GENERAL DEVELOPMENT POLICIES 1 | P a g e

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


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.


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 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 Adequacy of municipal services and facilities. 3.1.5 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.


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 7.5 m (b) Rear 8.8 m (c) Interior side 6.0 m (d) Exterior side 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

Town of Midland Zoning By-law 6-1 SECTION 6 – COMMERCIAL ZONES

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.


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

(a) Front 12.0 m (b) Rear 8.0 m (c) Interior side 6.0 m (d) Exterior side 4.5 m (e) Water side 15.0 m (f) Marina water side 0.0 m

6.4.3.5 Maximum Building Height 11.0 m

Town of Midland Zoning By-law 6-2 SECTION 6 – COMMERCIAL ZONES

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