Notice of Public Meeting to consider Zoning By-law 373 for 120 Mersea Road 5

Leamington Council will hold a public meeting on Tuesday, June 23, 2026 at 6:00 PM to consider Zoning By-law Amendment (ZBA) application 373 at the Leamington Municipal Building, Council Chambers, 111 Erie Street North, Leamington, Ontario, N8H-2Z9.

The purpose and effect of ZBA 373 is to establish a site specific zone on 120 Mersea Road 5 to permit an Agricultural Contractor’s Yard for a Greenhouse Construction Company. The site-specific zone will establish a definition for a Contractor’s Yard, Agricultural (definition below) and it will establish the following site-specific zoning provisions:

i. Permitted uses:
In addition to the uses permitted in the Agricultural Hobby Farm Zone (A3) as indicated in subsection 24.1.1 of this by-law, the following uses shall also be permitted:
a) Contractors Yard, Agricultural
b) Accessory uses including an office or caretakers’ residence

ii. Permitted buildings and other structures:
Buildings and structures for the permitted uses.

iii. Zone Provisions:
All lot and building requirements for the permitted buildings and structures shall be in accordance with Subsection 24.1.3 of this by-law save and except the following:
Zone Provision Contractor’s Yard, Agricultural:

• Minimum Landscaped Open Space 30%
• Minimum Interior Side Yard (East) 5 metres
• Minimum Interior Side Yard (West) 9 metres

iv. Other Provisions:
All other provisions of this by-law pertaining to lands zoned A3 shall also pertain to lands zoned A3-37 save and except the following:

• The parking requirement for a Contractor’s Yard, Agricultural in the A3-37 Zone shall be 26 spaces including barrier free spaces.
• Notwithstanding subsection 4.34 Minimum Separation Distances, the Minimum Separation distance between a Class 1 Contractor’s Yard, Agricultural and a residential use shall be 15 metres.

Section 3 definitions of ZBA 890-09, as amended, will also be modified by the addition of the following:

Contractor’s Yard, Agricultural, shall mean a lot, building or structure used by a contractor or service provider whose primary activity is the provision of direct products or services to farm operations in the area, for the storage of materials, supplies, vehicles and equipment, and for the maintenance or repair of equipment used in connection with such agricultural support services.

For the purposes of this definition, the use shall be directly related to and support agricultural operations, shall benefit from being located in close proximity to farm operations, and shall not include a salvage yard, waste transfer station, trucking terminal, retail sales establishment, manufacturing use, processing plant, or the stockpiling of aggregate, fill, scrap, waste or recyclable materials, and shall not include the parking or dispatch of commercial vehicles unrelated to the agricultural support business carried on from the lot.

All materials and supplies shall be stored wholly within an enclosed building, and any outdoor storage shall be limited to operable vehicles and equipment associated with the permitted use, unless otherwise expressly permitted by this By-law.

Caretakers’ residence, shall mean one dwelling unit located on the same lot as, and accessory and subordinate to, a permitted commercial, industrial or institutional use, and occupied by a person employed or engaged in the management, operation, maintenance, supervision or security of the principal use, and may include members of that person’s household. A caretaker’s residence may include an accessory office or check-in area used for controlling access to the property, receiving visitors, and signing in persons entering the premises, provided that such office or check-in area is incidental to the principal use and shall not constitute a separate office, commercial use, or public service area. Shall not include: bed and breakfast establishment, boarding house (large and small), boat house, farm worker dwelling (on-site and off-site), group home, hotels, inn, lodging house, mobile homes, motels, nursing home, tavern, travel trailer.

This application was submitted with the following supporting studies which are available upon request:
1. Planning Justification Report
2. Transportation Impact Study
3. Noise Study
4. Functional Servicing Memos (Stormwater, Photometric)
5. Environmental Impact Assessment
6. Conceptual Site Plan

The subject property is not currently the subject of any other Planning Act applications.

If a person or public body would otherwise have an ability to appeal the decision of Council for The Corporation of the Municipality of Leamington to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Municipality of Leamington before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to The Corporation of the Municipality of Leamington before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Notwithstanding the above, subsection 34(19) of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal.

Additional information and material about the proposed by-law will be available to the public for inspection when the Council Agenda is published before the hearing date and in person at the Municipal Building.

For more information about this matter, including information about appeal rights, contact Spencer Phillips, Planner, by phone at 519-326-5761 ext. 1404 or by email at sphillips@leamington.ca.

The meeting may be viewed in person at the Leamington Municipal Building or live online at leamington.ca/live.

Attachments:

• Public Notice
• Site Plan
• Key Map