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RULES AND PROCEDURES OF THE METROPOLITAN PLANNING COMMISSION

PURPOSE. These rules are to provide for the orderly disposition of the business of the Metropolitan Planning Commission (MPC) and include information sometimes found in by-laws. They deal with procedural issues and should not be confused with substantive regulations promulgated by the Commission to set standards determining whether a specific action may be taken.
AUTHORITY. These rules are adopted pursuant to the authority vested in the Commission by Sections 11.503 and 11.504of the Charter of the Metropolitan Government and T.C.A. Sections 13-3-103 and 13-4-102.
MEMBERSHIP AND OFFICERS. The number, qualifications and appointment of members, their terms of office and the filling of vacancies shall be in accordance with Section 11.502 of the Charter of the Metropolitan Government.
Officers shall be Chairperson, Vice-Chairperson and Secretary.
1. ELECTIONS. The Chairperson and Vice-Chairperson shall be elected at the annual meeting from among the appointed members of the Commission. Their terms shall be for one year with eligibility for re-election. The person holding the position of Executive Director shall serve as Secretary. Officers shall hold office until their successors are elected.
2. DUTIES OF OFFICERS:
  1. Chairperson. The Chairperson shall preside at all meetings of the Commission. Except as otherwise authorized by the Commission, he/she shall sign and the Secretary shall attest, all contracts, reports and instruments adopted by the Commission. At any meeting, the Chairperson may submit such recommendations and information as he/she may consider proper concerning the business, affairs, and policies of the Commission. The Chairperson shall have the right to debate and vote on any issue before the Commission.
  2. Vice-Chairperson. In the absence or incapacity of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson. In the case of resignation of the Chairperson, the Vice-Chairperson shall perform those duties until a new Chairperson is elected. In the absence of both the Chairperson and Vice-Chairperson, when a quorum is present for a regular or special meeting, an interim Chairperson shall be elected from those members present.
  3. Secretary. The Secretary shall keep or cause to be kept a full record of all proceedings of the Commission, including a record of all votes, in a journal of proceedings kept for the purpose and identified as the “Minutes of the Metropolitan Planning Commission.” He/She shall perform such other duties in regard to records, including certification of transcripts and attestation of contracts or other documents, as the Commission may direct.
3. VACANCIES. Should the office of Chairperson or Vice-Chairperson become vacant, the Commission shall, at its next regular meeting, elect a successor for the unexpired term of office.
ETHICAL STANDARDS.
1. Members shall conduct themselves in accordance with the “Ethical Standards” established in the Metropolitan Code, Section 2.72, et seq.
2. Conflict of Interest. Any member who has a financial interest in any property that is the subject matter of a decision of the Commission is disqualified from participating in the discussion, decision, and/or proceedings of the Commission in connection with that property. The Commission member shall disclose the interest prior to any hearing on the matter.
STAFF. The Commission may appoint such employees as it deems necessary and may contract for services in compliance with T.C.A. Sections 13-4-102 and 11.506 of the Charter of the Metropolitan Government
1. EXECUTIVE DIRECTOR. An Executive Director, who shall be qualified by special training or experience in planning, shall be appointed by the Commission. The Commission may enter into an employment contract with such person not to exceed five years at a compensation fixed by the Commission. He/She shall serve as technical advisor and secretary to the Commission, shall appoint subordinate personnel with the approval of the Commission, and shall have other authority, duties, and responsibilities as may be required by the Commission or provided for by Ordinance.
2. OTHER PERSONNEL. Additional personnel may be hired in conformance with the Rules of the Civil Service Commission of the Metropolitan Government.
3. ETHICAL CONDUCT. The Commission shall, with advice from employee representatives, establish a statement of ethical principles applying to employees.
4. DISCRIMINATION. The Commission shall not discriminate on the basis of race, sex, creed, national origin, or age in hiring, promotion or awarding of contracts. It shall ensure that any civil service or contractual positions are advertised, at a minimum, in two local newspapers of general circulation. In addition, when the Commission decides to use consultant services, the “request for proposals” shall be sent to a broad range of qualified consultant firms and made available to other firms upon request.
5. DIVISIONS. The Commission shall establish functional divisions and define the duties and responsibilities of each division.
MEETINGS. Regular meetings of the Planning Commission shall be held a minimum of one time each month, at a time and place within Davidson County established by the Commission. By the first Commission meeting in October of each year, the Commission shall establish a schedule of meetings for the following year. The Commission may reschedule meetings or cancel a meeting by giving public notice 30 days prior to the scheduled meetings(s).
1. ANNUAL MEETING. The second regular meeting in May of each year shall be the annual meeting. At that meeting, officers are to be elected and these rules are to be reviewed and considered for re-adoption.
2. SPECIAL MEETINGS. A special meeting may be called by the Chairperson or upon the written request of three or more Commissioners. Written notification of the time, place and purpose of the meeting shall be delivered to each Commissioner at least five days prior to the meeting. At a special meeting, only the business designated as the purpose of the meeting may be transacted. The Chairperson may also from time to time schedule informal work sessions at which information is provided by Planning Department staff to the members about upcoming items to be considered by the Commission or general items of interest to the Commission. It is not necessary for a quorum of the Commission to be present and no business shall be conducted at any such work session.
3. OPEN PUBLIC MEETINGS ACT. All sessions of every meeting of the Commission, including special meetings and work sessions, shall be open to the public pursuant to the Tennessee Open Public Meetings Act, T.C.A. Section 8-44-101, et seq.
4. PUBLIC NOTICE. The following rules regarding notification of the public are adopted in compliance with Sections 2.24.150 and 2.68.020 of the Metro Code, as amended by Metro Council Ordinance BL2004-245. These procedures supplement and do not replace other public notice requirements in these Rules.
  1. The agenda and staff report for each regular or special meeting shall be posted on the Planning Department website no later than the Monday preceding each regular Commission meeting. In addition, the agenda shall be e-mailed to the “Public Meeting Media Notification List” maintained by the Metro Information Technology Services Department.
  2. No later than the Monday preceding each regular Commission meeting, the agenda for the meeting shall be posted in a location visible to the public at Metro City Hall.
  3. The agenda for any special meeting or work session shall be posted on the Planning Department website and e-mailed to the Public Meeting Media Notification List at least five days prior to the meeting. The agenda for such meetings also shall be posted in a location visible to the public at Metro City Hall.
5. QUORUM. The presence of six members of the Commission shall constitute a quorum for the transaction of business. The Chairperson may, at his/her discretion, wait up to 30 minutes after the scheduled meeting time for a quorum to be present. In the event that a member is required to leave a meeting prior to adjournment, and the departure causes a loss of quorum, no further official action may be taken until a quorum is restored, other than adjournment. A majority vote of the members of the Commission present and constituting a quorum shall be necessary to decide any item of business requiring action by the Commission except as noted in section VIII. A.
6. REQUESTS TO SPEAK. Any person who wishes to address the Metropolitan Planning Commission on matters scheduled for a Planning Commission meeting must complete a “Request to Speak” form at the meeting, on which they shall list their name, home address, and the item on which they wish to speak. Presentations to the Commission should be clear, concise and relevant to the item being considered by the Commission. The Commission may take measures to limit the presentation of information that is unrelated to the case or repetitive in nature. Presentations from the public are not permitted for items on the Commission agenda designated as “Other Business.”
7. DOCUMENTS FOR COMMISSIONERS. All communication that is delivered to the Planning Department for delivery to the Metropolitan Planning Commission for consideration during any regularly scheduled or called meeting must be received by the secretary at least four hours before the beginning of the meeting. Copies of the correspondence will be made for each of the Planning Commission members to be reviewed at the appropriate time during the meeting. If documents or other materials are attached to the correspondence, then the person submitting the correspondence must provide 12 copies of the materials or they will not be distributed to the individual Commissioners. Persons addressing the Commission also may bring copies of documents and distribute them to Commissioners at the meeting. Two additional copies of the documents shall be provided to Commission staff for the minutes and the official file for the item under consideration. The Planning Commission will decide by consensus the appropriate use or disposition of the information provided.
8. BASIS FOR COMMISSION DECISIONS. Meetings of the Commission involve a number of different kinds of applications and issues. Except where a public hearing is required by law, the Commission will uniformly base its decision on information and recommendations presented by staff. Commission members may ask questions of any person present at the Commission meeting for clarification of the factual issues.
9. MANNER OF ACTING. The voting on all questions coming before the Commission shall, at the discretion of the Chairperson, be by roll call or voice vote and the ayes and noes shall be entered upon the Minutes of such meeting. When the vote is unanimous, the record of a unanimous vote shall be sufficient. If a motion on a question fails, deliberation shall continue until a motion of definitive action is offered and passed.
10. DEFERRALS. The Commission may defer action on any item provided the reason for deferral is reflected in the motion to defer. If an item is deferred at the request of the applicant, any time restrictions normally placed on the Commission will be suspended until the item is returned to the agenda, except when a council bill has been filed. Additional rules are established in VIII. F. 3. relating to subdivisions.
11. REHEARING. Any aggrieved party or a Commission member may, within 60 days after a commission action, request a rehearing. The request, filed in writing by an aggrieved party or announced by a sitting Commission member at a regular meeting, must be filed or announced at least 14 days prior to the meeting at which the request will be heard. The request must state what conditions have changed or what new information is available that may serve as cause for rehearing.
  1. Upon receipt of a request for rehearing, the councilmember in whose district the subject of the rehearing lies shall be notified of the request within five business days.
  2. The Chairperson and the Executive Director shall review a request for rehearing for merit and determine whether the request will be heard by the full Commission. If the Chairperson and Executive Director determine that a rehearing request is without merit and should not be heard by the Commission, that decision will be noted on the Commission’s next available agenda. The Commission may, by a majority vote of the members present, overrule the decision of the Chairperson and Executive Director and hear the request at a subsequent meeting.
  3. If the request for rehearing is accepted by the Chairperson and Executive Director for presentation to the full Commission, a motion to rehear may be made and seconded by any member of the Commission who voted with the majority in the first action on the issue. A simple majority of the Commissioners present and constituting a quorum is sufficient to carry a motion to rehear.
  4. If the motion to rehear passes, the issue may be heard at that point and action may be taken, unless the issue was originally heard at public hearing. When the issue had originally been heard at public hearing, the issue must be set for public hearing again before action is taken.
12. MINUTES AND RECORDS. Each action of the Commission shall be recorded in the Minutes and supporting documentation retained. The entire proceedings shall be electronically recorded and that record shall be retained a minimum of 60 days following a final decision by the Commission. All such records shall be available to the public.
13. ABSENCE OF A RULE. When an issue arises that is not specifically covered by these rules, the Commission will be governed by Robert’s Revised Rules of Order.
PUBLIC HEARINGS. As will be indicated in Section VIII, public hearings must be held on some issues and the Commission may choose to hold public hearings on others.
1. NOTICE. Except as noted in Section VIII, Subsections A and G, notice of public hearing will be printed and mailed by the applicant to affected and neighboring property owners and any appropriate representative groups at least ten days prior to the public hearing.
2. PROCEDURE. All public hearings shall be conducted in the following manner:
  1. Staff will briefly describe the proposal and present the staff recommendation.
  2. When such is available, a report from any other board or commission of the Metropolitan Government shall be presented.
  3. The Commissioners, and then the public, may ask questions of staff for the purpose of clarifying the content of the proposal.
  4. Any member of the Metropolitan Council who wishes to speak to the issue may do so prior to, during, or at the close of the hearing.
  5. The Chairperson shall recognize individuals to speak. At the Chairperson’s discretion individuals may be recognized:
    1. In the order that they present themselves before the Commission;
    2. The proponents first, and the opponents following; or
    3. In any other order that provides the Commission with the appropriate information necessary to consider the item.
  6. The Commission may request combined presentations or establish reasonable time limits, considering the time constraints of the meeting and the complexity of the issue.
  7. A specified time for rebuttal arguments may be granted by the Commission. If time for rebuttal is granted, then equal time shall be granted to each side.
  8. On motion, the public hearing will be declared closed.
3. WITNESSES AND TESTIMONY. Pursuant to Section 18.10 of the Charter of the Metropolitan Government, the Commission may compel the attendance of witnesses and production of books, papers, and records pertinent to an issue. The Commission has the discretion whether or not to require an oath to be administered to the witness. Cross examination of any witness appearing before the Commission is permitted to a limited extent to be determined by the Chairperson in consultation with legal counsel.
SPECIFIC RULES. Because of the diversity of actions before the Commission, this section promulgates specific rules applicable to particular actions.
1. PLAN ADOPTION OR AMENDMENT. The Commission, in accordance with T.C.A. Section 13-4-201, et seq., shall adopt a general plan for the physical development of Nashville and Davidson County and may amend the general plan in any manner, including carrying any part of the subject matter to greater detail. The adoption of the plan or any amendment to the plan shall be by a resolution carried by the affirmative vote of at least six members of the Commission. The action shall be recorded on the adopted plan or amendment and descriptive matter by the identifying signature of the Secretary of the Commission, and a copy of the plan or amendment shall be certified to the Metropolitan Council.
  1. Public Hearing. Prior to the consideration of a plan or an amendment to a plan, a public hearing before the Commission shall be set. The Executive Director shall determine whether any proposed amendment to an adopted plan is an update, major amendment, or minor amendment based upon all relevant factors, including, but not limited to, the size of the area to which the change will apply, and the degree of change in the recommended land use, design or other characteristic. Conduct of the public hearing required herein shall be in conformance with Section VII B of these Rules.
  2. Plans and Updated Plans. Prior to the consideration by the Commission of any proposed plan or updated plan, at least one broadly publicized community meeting shall be held in the affected subarea. The public hearing for a plan or updated plan shall be advertised in the body of a newspaper of general circulation 15 to 30 days prior to the hearing. Notice also shall be mailed 15 to 30 days prior to the hearing to all persons who have attended and registered at one of the community meetings held to discuss the plan or updated plan, or otherwise have contacted the Commission’s staff to request notice prior to the Commission’s consideration of the plan or updated plan. In addition, an attempt shall be made to notify any representative groups that may be impacted by the proposed amendment and organizations known to the Commission’s staff as groups that represent the interests of neighborhood groups or similar interests.
  3. Major Amendments. For all major amendments to a plan, a community meeting in the area affected by the amendment or addition, which community meeting shall be conducted by the Commission’s staff, shall be held prior to the public hearing. The public hearing shall be advertised in the body of a newspaper of general circulation 15 to 30 days prior to the hearing. Where possible, the time and location of the community meeting shall be included in the advertisement of the public hearing. Notice of the time and location of the public hearing and the community meeting also shall be mailed to owners of property in and within 1,300 feet of the perimeter of the proposed change at least 15 days prior to the public hearing and at least 15 days prior to the community meeting. In addition, an attempt shall be made to notify any representative groups that may be impacted by the proposed amendment and organizations known to the Commission’s staff as groups that represent the interests of neighborhood groups or similar interests.
  4. Minor Amendments. For all other amendments to a plan, notice of public hearing shall be mailed to owners of property in and within 500 feet of the perimeter of the proposed change at least ten days prior to the public hearing. In addition, an attempt shall be made to notify any representative groups that may be impacted by the proposed amendment and organizations known to the Commission’s staff as groups that represent the interests of neighborhood groups or similar interests.
  5. Housekeeping Amendments. From time to time, the Commission’s staff may present to the Commission amendments to the general plan intended to bring the plan into conformance with past zone changes disapproved by the Commission as contrary to the general plan, but approved by the Council. Staff shall propose amendments under this subsection only when:
    1. the zone change site and/or surrounding area have irrevocably changed in nature such that the existing subarea plan is no longer relevant, or
    2. independent of the zone change in question, sound planning policy supports an amendment to the subarea plan that would result in the zoning and the subarea plan being brought into conformance.
      Such periodic housekeeping amendments shall be subject to the public hearing requirements of Rule VIII A 2 for Plans and Updated Plans.
  6. Mailing of Notices. When, in the opinion of the Executive Director, the mailing requirements of the subsections above would result in an excessive number of notices being mailed, the Executive Director may impose a reasonable limitation on the number of notices to be mailed to individual owners of property.
2. REDEVELOPMENT PLANS. Because the Commission’s role in the adoption or amendment of redevelopment plans is advisory, a public hearing is not necessary, but may be held at the discretion of the Commission in conformance with procedures established in Section VII. The Commission will act on such plans or amendments as soon as all necessary information has been received and has been reviewed by the Commission’s staff.
3. ZONE CHANGE PROPOSALS. For purposes of these rules, a zone change proposal includes proposals to change the base zoning district or to apply, remove or amend an overlay district. Such proposals must be submitted a minimum of 42 days prior to the meeting at which they are considered. If a zone change proposal originates in the Metropolitan Council, the Commission must act within 30 days from the date the ordinance is passed by the Council on first reading. The Commission will forward its recommendations to the Metropolitan Council.
  1. Information Required. All proposals must contain a description of the request, the address and map and parcel number of the subject property, and the name of the owner or optionee of the property. If the applicant is an organization requesting a zone change for a large area, a map displaying parcel numbers may be substituted for addresses, map and parcel numbers, and the names of owners.
  2. Planned Unit Development (PUD) Proposals. In addition to the information necessary in submittal of any zone change proposal, PUD proposals must also include all information required by the Zoning Code and meet any other requirements of the Zoning Code. PUD proposals must also contain all information required in any checklist adopted by the Commission.
    An application to amend or cancel all or a portion of a planned unit development shall either contain the signatures of all property owners within the PUD, or an affidavit from the applicant that all property owners within the PUD have been notified by registered mail, including a map or other appropriate graphic showing the extent of the amendment or cancellation, and have been notified of the date, time and place of the planning commission meeting when the PUD amendment or cancellation is being requested. Copies of registered mail receipts shall be attached to the applicant’s affidavit. Prior to submission of the application, the applicant may ask the planning commission to specify a less extensive area of notification when the amendment or cancellation is determined by the Commission to have impact on an area smaller than the entire PUD. The Executive Director, at his/her discretion, may also require similar notice to property owners within a PUD for an application to revise the PUD when, in the opinion of the Director, the requested revision may have a significant effect on the other property owners.
  3. Specific Plan District and Urban Design Overlay District Proposals. In addition to the information necessary for submittal of any zone change proposal, Specific Plan zoning and Urban Design Overlay proposals must also include all information required by the Zoning Code and meet any other requirements of the Zoning Code. SP and UDO proposals must also contain all information required in any checklist adopted by the Commission.
    The Executive Director, at his/her discretion, may require an application to amend all or a portion of a Specific Plan zoning district, or to cancel or amend all or a portion of an Urban Design Overlay district, to either contain the signatures of all property owners within the SP or UDO, or an affidavit from the applicant that all property owners within the SP or UDO have been notified by registered mail, including a map or other appropriate graphic showing the extent of the amendment or cancellation, and have been notified of the date, time and place of the Planning Commission meeting when the amendment or cancellation is being requested. Copies of registered mail receipts shall be attached to the applicant’s affidavit. Prior to submission of the application, the applicant may ask the Executive Director to specify a less extensive area of notification when the amendment or cancellation is determined to have impact on an area smaller than the entire SP or UDO. In determining whether such notice will be required, the Executive Director will review the application to determine whether the requested amendment or cancellation may have a significant effect on the other property owners within the SP or UDO.
  4. Public Hearing. The Commission is not required to hold public hearings on zone change proposals. It is Commission policy, however, to hold a public hearing on all zone change proposals. For all public hearings on zone change proposals, notice will be given and procedures followed as outlined in Section VII.
  5. Public Hearing Signs. For all zone change proposals, the applicant shall obtain and post a sign or signs on the property at least ten days prior to the Commission meeting at which the application is scheduled to be heard. The Planning Department will provide the required specifications for the signs and a map showing where the sign(s) must be posted. Failure to post the required public hearing sign may result in a decision by the Commission to defer or disapprove the application on the basis of inadequate notice to the surrounding community. Signs shall be removed by the applicant within three days after the public hearing.
  6. Zone Change Proposal in Conflict with General Plan. If a zone change proposal is submitted which, in the opinion of staff is contrary to the general plan, then staff may, at the discretion of the Executive Director, prepare and present to the Commission an amendment or addition to the plan that would be consistent with the proposed zone change. Any such proposed plan amendment or addition shall be considered according to the procedures set forth in Rule VIII A.
4. TEXT AMENDMENTS. The Commission shall review any proposed amendments to the text of the Zoning Code and forward its recommendation to the Metropolitan Council.
5. FINAL SITE PLANS. The Commission is required to act upon final site plans for certain development applications pursuant to Section 17.40.170 B. of the Metro Code. Such proposals must be submitted a minimum of 42 days prior to the meeting at which they are to be considered.
  Administrative approval. The Executive Director is authorized to act on behalf of the Commission to approve or approve with conditions any final site plan submitted pursuant to Section 17.40.170 B. of the Metro Code that the Director determines to be (1) consistent with the enacting ordinance approved by the Metro Council and (2) eligible for approval pursuant to all relevant provisions in the Metro Code. Such action by the Director shall be memorialized in a letter from the Director to the applicant and conveyed to the Commission. If the Director finds that the final site plan should not be approved, or if opposition to approval is received by the Planning Department, then the final site plan shall be submitted to the Commission for action. The Executive Director may also waive the requirement for any item normally required to be submitted as part of a final site plan application if the Director determines that the information is not required to permit adequate review and approval of the final site plan.
6. MINOR CHANGES TO APPROVED SPECIFIC PLAN ZONING. In some approved Specific Plan ordinances, the Council authorizes the Planning Commission or its designee to approve certain minor modifications to the approved SP zoning.
  Administrative approval. The Executive Director is authorized to act on behalf of the Commission to approve minor modifications to an approved SP plan that are consistent with the principles and further the objectives of the approved plan. Such action by the Director shall be memorialized in a letter from the Director to the applicant and conveyed to the Commission. If the Director finds that the request for a minor modification to the plan should not be approved, or if opposition to approval is received by the Planning Department, then the variance request shall be submitted to the Commission for action.
7. SUBDIVISION REGULATIONS. The Subdivision Regulations as duly adopted by the Planning Commission and subsequently amended are incorporated herein by reference as if copied verbatim. Prior to the consideration of new regulations, the Commission shall set a date for a public hearing. The hearing shall be advertised in the body of two newspapers of general circulation 15 to thirty 30 days prior to the hearing. Conduct of the hearing shall be in conformance with Section VII B of these rules.
8. SUBDIVISION PLATS. Plats must conform to the provisions of the adopted subdivision regulations and must be submitted a minimum of six weeks prior to the meeting at which they are considered.
  1. Commission Action. Pursuant to T.C.A. Section 13-4-304, the Commission shall act on a plat within 30 days after it has been filed with the Commission. A plat shall not be considered to have been filed until it appears on the Commission’s agenda for purposes of computing the 30-day time period. If the Commission has not acted on a plat within the 30-day time period, the plat shall be deemed approved and a certificate issued to that effect upon demand.
  2. Disapproval. The grounds for disapproval of any plat shall be stated in records of the Commission and recorded in the Minutes.
  3. Deferrals. The applicant may waive the 30-day time period permitting the Commission to defer the plat for an extended or indefinite time period. Action may be deferred when the Commission finds that an application is incomplete or for any other reason. As required by Section VI J of these rules, the reason for the deferral must be reflected in the motion to defer. The Commission is subject to the 30-day time limit unless the applicant requests the deferral or otherwise waives the 30-day requirement.
    When a preliminary subdivision plat application is deferred prior to the public hearing required by Subsection 4, below, persons notified of the first hearing shall be notified by mail of the date and time the hearing will be held. When an item is deferred after a public hearing, it is not necessary to notify persons who receive the public hearing notice, if the date for further consideration is established at that time. If the date for further consideration is not set at that time, those first notified must be notified again. If the time between the public hearing and the date for further consideration exceeds 90 days, a second public hearing must be held.
  4. Public Hearing on Preliminary Plat. A public hearing shall be held on each preliminary subdivision plat before action is taken. Notice of public hearing shall be printed and mailed by the applicant to the person named on the submittal, the district councilmember, owners of properties that are within 300 feet of the proposed subdivision, and any neighborhood association known to the Planning Department to be within 300 feet of the proposed subdivision. Notice and conduct of the hearing shall be in conformance with section VII of these rules. When an application for revision of a preliminary plat is filed, the Executive Director shall determine whether the revision is substantial enough to warrant a public hearing on the revised plat.
  5. Administrative Approval of Final Plats. Following input from affected departments and agencies, the Executive Director is authorized to act on behalf of the Commission to approve any final subdivision plat consistent with the approved preliminary subdivision plat the Director determines should be approved pursuant to all relevant provisions in the Metro Subdivision Regulations. Such approval by the Director shall be memorialized in a letter from the Director to the applicant and said approvals conveyed to the Commission. If the Director finds that the final subdivision plat should not be approved, or if opposition to approval is received by the Planning Department, then the final subdivision plat shall be submitted to the Commission for a recommendation.
  6. Ethical Conduct. Since the Commission’s role in reviewing subdivision plats may be deemed quasi-judicial, the members shall, in addition to conforming to the standards in Section IV of these rules, refrain from ex-parte contact concerning a pending subdivision plat. If inadvertent contact does occur, the member of the Commission shall report on that contact in full to the Commission prior to any action on the plat.
9. MANDATORY REFERRALS.
  1. Commission Action. The commission shall act upon items which fall under the provisions of T.C.A. Section 13-4-104 and Section 11.505 of the Metro Charter within 30 days after the item is officially submitted to the Commission. Failure to act within 30 days shall be deemed an approval unless a longer period is granted by the submitting body, board or official. If the Commission disapproves such a submission, the reasons for disapproval shall be communicated to the Metropolitan Council.
  2. Administrative Approval. Following input from affected departments and agencies, the Executive Director is authorized to act on behalf of the Commission to approve any Mandatory Referral the Director determines should be approved pursuant to all relevant provisions in Tennessee and Metro law. The Commission shall memorialize such approval by the Director in a letter from the Director to the agency that submitted the item for review. A copy of said letter shall be mailed to the Metro Councilmember for the district affected by the Mandatory Referral and, as applicable, the property owner and/or applicant. If the Director finds that the Mandatory Referral should not be approved, or if opposition to approval is received by the Planning Department, then the Mandatory Referral shall be submitted to the Commission for a recommendation.
10. RECOMMENDATIONS TO THE BOARD OF ZONING APPEALS. The Commission is required to provide recommendations to the Board of Zoning Appeals for variance requests located within a Planned Unit Development overlays, Urban Design Overlays, and Institutional Overlays pursuant to Section 17.40.340 of the Metro Code.
  1. Administrative approval. The Executive Director is authorized to act on behalf of the Commission to provide recommendations of approval or approval with conditions to the Board of Zoning Appeals for any variance request within a PUD, UDO, or IO that the Director determines should be approved pursuant to all relevant provisions in the Metro Code and General Plan. Such action by the Director shall be memorialized in a letter from the Director to the applicant and the BZA, and conveyed to the Commission. If the Director finds that the variance request should not be approved, or if opposition to approval is received by the Planning Department, then the variance request shall be submitted to the Commission for a recommendation.
  2. Support from affected property owners and homeowners’ association. The applicant for any variance request located within a PUD, UDO, or IO, shall provide to the Planning Department letters from the owners of property that abuts the subject property and any other properties determined by staff to be affected by the requested variance. Such letters shall clearly state the street address and location of the property for which the variance is requested, the specific section of the Zoning Code for which the variance is being requested, the extent of the variance, and the result of the variance, if approved. If located within a residential PUD, a similar letter of support from the homeowner’s association (HOA) shall also accompany the variance request. Failure to provide such letters will require the variance request to be presented to and a recommendation received from the Planning Commission following a public hearing.
11. CAPITAL BUDGET. In compliance with Section 11.504 (k) of the Charter of the Metropolitan Government, the Commission shall, at least 60 days prior to the beginning of each budget year, submit a list of recommended capital improvements to the Mayor. The list shall consist of improvements which, in the opinion of the Commission, are necessary or desirable to be provided over the forthcoming six year period, noting the order of priority and the year in which projects should be constructed.
12. BONDS. Following input from affected departments and agencies, the Executive Director is authorized to act on behalf of the Commission to approve any request for a new performance bond, or any extension, reduction, release, or collection of an existing performance bond the Director determines should be approved pursuant to all relevant provisions in the Metro Subdivision Regulations. Such approval by the Director shall be memorialized in a letter from the Director to the applicant and said approvals conveyed to the Commission. If the Director finds that a new performance bond, or any bond extension, release, or reduction should not be approved, or if opposition to approval is received by the Planning Department, then the matter shall be submitted to the Commission for a recommendation. Information that may be relied upon by the Commission in determining whether to approve a new bond, or a bond extension, reduction, or release, may include, but is not limited to, the applicant’s having defaulted on other current or previous bonds for the same or any other subdivision.
INTERPRETATION OF RULES. The Commission is the final authority as to the meaning of these rules. From time to time, the Commission may make an exception to these rules for extraordinary cases, setting out the reasons therefore.
AMENDMENTS. These rules may be amended at any regular or special meeting of the Commission by the positive vote of six members provided all members have been notified by mail of the proposed amendment at least ten days prior to the meeting.
REPEAL OF PREVIOUS RULES. Any other rules, procedures or by-laws previously adopted by the Commission are repealed
FILING PROCEDURE AND EFFECTIVE DATE. These rules shall become effective on May 12, 2005, and a certified copy shall be sent to the Office of the Metropolitan Clerk.

APPROVED BY THE METRO PLANNING COMMISSION ON MAY 12, 2005. Amended December 8, 2005, and December 13, 2007.

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