RESOLUTION NO. RS2004-296

A resolution requesting the Metropolitan Planning Commission to cease holding public hearings regarding amendments to the Official Zoning Map before the Commission.

WHEREAS, the Metropolitan Charter designates the Metropolitan Planning Commission as the official planning agency of the Metropolitan Government and provides that the Commission shall have all of the powers, duties and responsibilities granted to municipal and regional planning commissions by state law; and

WHEREAS, the Metropolitan Charter and state law grants the authority to the Metropolitan Council to enact zoning regulations and to make any amendments to such zoning regulations by ordinance; and

WHEREAS, state law and the Metropolitan Charter further provides that zoning regulations must first be submitted to the Planning Commission for approval or disapproval prior to enactment by the Council; and

WHEREAS, state law and the Metropolitan Code of Laws require the Council to hold a public hearing before enacting zoning regulations or adopting amendments thereto, but there is no such requirement that the Planning Commission hold a public hearing; and

WHEREAS, the purpose of the Planning Commission regarding zoning matters is to provide guidance to the Council as to whether a proposed zoning change conforms to the subjective planning guidelines adopted by the Commission; and

WHEREAS, the Council is of the opinion that public input at Planning Commission hearings may sometimes influence the Commission to consider matters outside the subjective planning criteria, which may impact the Commission’s recommendation to the Council; and

WHEREAS, it is fitting and proper that the Metropolitan Planning Commission cease holding public hearings regarding zoning matters before the Commission.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Metropolitan Planning Commission to cease holding public hearings regarding amendments to the Official Zoning Map before the Commission.

Section 2. The Metropolitan Clerk is directed to send a certified copy of this Resolution to Rick Bernhardt, the Executive Director of the Metropolitan Planning Commission, and to each member of the Metropolitan Planning Commission.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace

LEGISLATIVE HISTORY

Referred: Planning & Zoning Committee
Introduced: May 18, 2004 
Deferred: May 18, 2004
Deferred Indefinitely: June 1, 2004
Withdrawn: August 21, 2007