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File #: 19-1094    Version: 1 Name:
Type: Resolution Status: Passed
File created: 10/14/2019 In control: Board of Mayor & Aldermen
On agenda: 11/26/2019 Final action: 11/26/2019
Title: Consideration of Resolution 2019-110, A Resolution to Initiate an Application for a Revision to the McKays Mill PUD Development Plan on behalf of Ali Hemyari/Nashville K-9. (WS 11/12/19)
Sponsors: Ald. Beverly Burger
Attachments: 1. RES 2019-110 Initiate Application for McKays Mill Dev Plan Nashville K-9_with Exhibit.Law Approved

DATE: November 5, 2019

TO: Board of Mayor and Aldermen

FROM: Eric Stuckey, City Administrator
Emily Hunter, Planning and Sustainability Director
Amy Diaz-Barriga, Current Planning Supervisor

SUBJECT:
title
Consideration of Resolution 2019-110, A Resolution to Initiate an Application for a Revision to the McKays Mill PUD Development Plan on behalf of Ali Hemyari/Nashville K-9. (WS 11/12/19)
body

Purpose
The purpose of this memorandum is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning Mr. Ali Hemyari's request for BOMA to initiate a Development Plan Revision to the McKay's Mill PUD Subdivision.

Background
Mr. Hemyari wishes to establish his business in the former Walgreens site of the McKays Mill PUD Subdivision. His business, Nashville K-9, most closely correlates to an Indoor Animal Services Use as described in the proposed Zoning Ordinance. Indoor Animal Services Uses are not currently a listed/approved use in the McKays Mill PUD. Mr. Hemayri is not the property owner of the site, and therefore cannot submit a Development Plan revision, based on the submittal requirements of the Zoning Ordinance, which states that the authority to file a Development Plan lies first with the property owner or its authorized agent, or with the Board of Mayor and Aldermen, Planning Commission, or the Department of Planning & Sustainability.

Mr. Hemayri is also waiving his rights to be reviewed under the current ordinance and is instead requesting the Development Plan revision to be reviewed under the City's new proposed Zoning Ordinance. In the current Zoning Ordinance, Kennels (the most closely related use category) are not a permitted use within the SD-X Zoning District. In the new Zoning Ordinance, Indoor Animal Services Uses (the most closely related use category) would be a permitted use in the PD district, subject to a Development Plan approval.

Options
The City could have Mr. Hemayri secure the owner's affidavit...

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