An ordinance amending Title 17 of the Metropolitan Code of Laws to clarify different park and recreation uses (Proposal No. 2006Z-096T).

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That section 17.040.060 B. be amended by deleting the definition "Park" in its entirety and substituting in lieu thereof the following:
"Park, passive" means any outdoor facility that is:
1. Open to the public for any passive recreational activity such as hiking, biking, swimming, boating and camping; and
2. Maintained predominately in a natural state.

"Park, active" means any outdoor facility that:
1. Includes permanent structures such as pavilions, playgrounds, swimming pools, bleachers; and/or
2. Allows for uses such as organized team sports or serves as or features a cultural, historical or archeological attraction; and
3. Is open to the public.

Section 2. That section 17.040.060 be amended by deleting the definition "Recreation Center in its entirety and substituting in lieu thereof the following:
"Recreation center" means any building or structure such as a community center or gymnasium that is available to the membership of a club or open to the public for active recreational purposes.

Section 3. That section 17.08.030 District Land Use Tables be amended by deleting the land use "Park" and substituting in lieu thereof the land use classification "Park, passive" which shall be permitted with conditions (PC) in all zoning districts. Section 17.05.030 shall further be amended by adding the land use classification "Park, active" which shall be a Special Exception (SE) in all zoning districts.

Section 4. That section 17.16.120 C. shall be amended by inserting "passive" after Park, adding the following and renumbering the sections accordingly:
1. Street Standard. At a minimum, driveway access, if any, should be from a collector street unless pursuant to Section 17.16.150 (g) the Traffic Engineer determines that a lower classification of street is appropriate.
2. Landscape Plan. A detailed landscape plan shall be submitted and approved by the Urban Forester. Appurtenances and fixed landscape features shall be allowed only to the extent necessary to provide for the safety and convenience of the general public and consistent with maintaining a natural state.
3. Lighting. Only the least amount of lighting necessary to insure the safety of visitors during park hours shall be permitted.
4. Maintenance: Approval of a passive park shall be contingent on the park owner's ongoing commitment to maintain the property and its appurtenances in a safe, clean and functional manner.

Section 5. That section 17.16.220 be amended by adding the following section:
Park, active.
1. Street Standard. At a minimum, driveway access, if any, should be from a collector street.
2. Location. When an active park abuts or is located across a right-of-way from an area zoned or used as residential, then there shall be a minimum of 50 feet between the edge of the parking lot, playground, swimming pool, athletic field or other space designed for active recreation and the abutting residential area.
3. Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely affected by increases in direct or indirect ambient light. No illumination in excess of one-half foot candle shall be permitted across the boundary of any residential property or a public street or alley. Parking areas, if any, shall only be illuminated when in use.
4. Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard A shall be applied along common property lines.
5. Fencing. Adequate fencing may be required to ensure that balls and other recreational equipment do not fly into abutting or adjacent properties and streets.
6. A traffic management study may be required.
7. Notwithstanding any other provision of the Metropolitan Code of Laws, no new park, active or passive, as herein defined, shall henceforth be constructed within two thousand feet of the property line of any landfill or other waste disposal facility.

Section 6. That section 17.16.220 G be amended by adding:
"The board of zoning appeals may waive the above street standard based on a recommendation of the traffic engineer that the projected volume of traffic, to be generated by the proposed facility, can be safely and efficiently accommodated by the existing local street network without adversely impacting the surrounding neighborhood."

Section 7. That section 17.20.030 be amended by adding the category "park, passive" to the parking requirements table. The minimum parking spaces required shall be determined by the traffic engineer under Section 17.20.030 F consistent with maintaining the natural state of the park. Section 17.20.030 shall be further amended by deleting from the Parking Requirements Table the category "Public park."

Section 8. That section 17.20.030 be amended by adding the category "park, active" to the parking requirement table. The minimum parking spaces required shall be determined by the traffic engineer under Section 17.20.030 F.

Section 9. That section 17.20.030 be amended by adding the category "recreation center" to the parking requirement table. The minimum parking spaces required shall be determined by the traffic engineer under Section 17.20.030 F.

Section 10. That this Ordinance shall take effect five (5) days from and after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard, Adam Dread, Lynn Williams