On behalf of our client and…

Good Evening:

On behalf of our client and the greater community of Leamington at large, I am writing to provide concerns that the proponent has not considered the sensitive land uses (receptors) within close proximity of the existing food processing facility known as Highbury Canco Corporation (HCC) and other impacts, that may cause impacts to the environment, if not addressed and evaluated prior to issuing an Environmental Compliance Approval (ECA), as detailed below.

We are currently working through Planning Act processes on the lands at the southwest corner of Sherk Street and Oak Street West, known as 111 Sherk Street, Leamington. The current zoning allows for mixed-use development (commercial main floor with residential above) as well as hotels and motels, as per the C2 Zone requirements within the Municipality of Leamington Zoning By-law (ZBL). The intent is to redevelop the now-vacant lands, with a mixed-use development, proceeding through the necessary planning approvals required with the Municipality. The Municipality's ZBL is available for review at the following link:
https://www.leamington.ca/en/municipal-services/zoning-bylaw.aspx

In efforts to work with HCC in relation to the proposed development, we have made the attempt to conduct a number of communication efforts to try to collaborate on the above-noted development process, with early consultation.

In review of the land use permissions within the ZBL around HCC, I would like to bring to the attention of the Ministry the following:
1. There are additional commercially zoned lands to the, zoned C6, C6-4 and C6-5 that also permit mixed-use development (commercial main floor with residential above) and motels and hotels, north of HCC along Erie Street South and Oak Street East and West.
2. There are lands zoned Institutional to the south of the HCC that permits sensitive lands uses, along Erie Street South.
3. There are elevated residential high-rise receptors south of the HCC that are approximately 8 storey residential building tower (226 Erie Street South) approximately 90 metres to the south of HCC; 13 storey residential building tower (234 Erie Street South) approximately 170 metres south of HCC; and 13 storey residential building tower (238 Erie Street South) approximately 190 metres south of HCC. All 3 parcels are zoned R6, which permits a 45m building heights as of right.
4. There is an existing high school building (80 Oak Street West) approximately 180 metres northwest of the HCC property, currently zoned M1-7 and M2-1.
5. There is an existing elementary school building (259 Sherk Street) approximately 280 metres south of the HCC property, currently zoned Institutional (I).

The area surrounding HCC is surrounded by existing residential neighbourhoods, that are receptors as well - please refer to the 2022 aerial photo map attached. I also attached ZBL excerpts of the above-noted for ease for reference by the parties involved.

Additional comments/concerns:

1. HCC also has harvest crop rinse waste pits located southeast of the intersection of Oak Street West and Sherk Street:
a) Is there any Environmental Compliance Approvals for this? I don't see it listed in the ERO posting.
b) Is there any Permit To Take Water (PTTW) requirements and/or concerns with the PTTW issued by the Ministry for the water usage?
c) Are there any Nutrient Management requirements for the land application of such nutrient waste within the introduction of the Nutrient Management Act, in 2002, through Nutrient Management Plans/Strategies administered through OMAFRA?

2. Has there been a Vibration analysis been completed for the HCC to understand any vibration impact from the facility?

We look to have the above-noted comments addressed as part of the ECA process, prior to any Ministry approvals given. Should you have any questions, or wish to arrange a meeting, please let me know.

Respectfully submitted,

Bryan Pearce, HBA, CPT, MCIP, RPP
Principal Planner, Baird AE Inc.