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Commission defers decision on 314 Old Nashville Hwy. retail site plan after owner requests time to address demolition/timing issue
Summary
The commission deferred action for one month on a mixed-use conversion and site plan at 314 Old Nashville Highway after the property owner and applicant asked more time to resolve whether the existing residence on the commercially zoned lot must be removed before commercial construction begins.
The Planning Commission voted to defer action for one month on the site plan for a retail project at 314 Old Nashville Highway after the property owner asked for additional time to resolve whether the existing residence on the commercially zoned lot must be removed before commercial construction.
Planning staff explained that the property is zoned C2 for commercial use and that the city ordinance does not allow commercial and residential uses to remain on the same parcel once commercial construction begins. "Once a commercial lot...the residential use has to go away," staff said when summarizing the planning comments.
Applicant representatives said they had discussed a possible development agreement at the workshop that would allow a timed trigger for demolition (for example, requiring the residential improvements to be removed six to nine months after the first phase is completed). Property owner Amin Zakir addressed the commission and said the timing affects a bank loan and his family's ability to complete the project. "I just I just need need some allowance, need some some mercy, you know," Zakir said.
After discussion, the mayor proposed deferring the item one month so the applicant and engineer could attempt to prepare a submittal that addresses the ordinance and financing constraints. The commission approved the deferral by voice vote; the applicants agreed to the one‑month deferral.
The deferral leaves open multiple options: the applicant may submit a development agreement or other mechanism that meets city legal requirements, submit revised plans that remove the residence before commercial construction begins, or withdraw and resubmit. City planning staff advised that, under current code as explained in the meeting, commercial construction would necessitate the removal of the residence unless the city attorney and planning staff approve a different mechanism.
The commission did not make a final determination on the site's zoning status or permit issuance at the meeting; the matter will return to the commission after the applicant's next submittal or the applicant may withdraw and resubmit.
