120 Starrs Road - Amending Development Agreement

On May 17, 2024, the owner of a lot at 120 Starrs Road applied to amend their existing Development Agreement approved by Council in 2018 originally intended to accommodate the now completed expansion of the existing Canadian Tire retail store on Starrs Road.

The proposed amendment seeks to align rules pertaining to accessory buildings identified in the existing agreement with the standard rules of the Land Use Bylaw. The existing agreement (Attachment 3) currently allows for only two accessory buildings on the subject lot. Given the scale of the existing retail operations on the lot, this restriction no longer adequately reflects the minimum business needs and requirements.

If approved by Council, the proposed amending Development Agreement (Attachment 1) would revise Section 3 of the existing agreement to remove restrictions regarding the location and number of accessory buildings permitted on the subject site per the following:

3. Location of Accessory Buildings

3.1 The allowable size, location, and number of accessory buildings on the Subject Property shall be consistent with the requirements of the Town of Yarmouth’s Land Use Bylaw. A maximum of two (2) accessory buildings may be developed, erected or placed on the subject property as identified on Schedule “B” (Site Plan) provided it shall not be used for human habitation;

3.2 Notwithstanding 3.1, the Garden Centre structure listed in 1.2, above is in addition to any the two (2) accessory buildings and may be located in the front yard provided it is a minimum of one hundred and fifty (150 ft) feet from Starrs Road. The flanking yard requirement for the Garden Centre structure is reduced to five (5) feet minimum adjacent to Highway 101.