An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by creating a passive park as a new recreational land use, by providing that passive parks be permitted by right in non-residential districts and be permitted by special exception in residential districts, all of which is more particularly described herein (Proposal No. 2006Z-196T).

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

SECTION 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended as follows:

A. By amending Section 17.040.060 B. by adding the following new definition:

"Passive park" means any outdoor facility that:
1. Is open to the public only for passive recreational activity, such as pedestrian activities, hiking, and jogging; or serves as or features an historical, cultural or archeological attraction; and
2. Does not allow organized competitive activities; and
3. Is maintained in a natural state.

B. By amending Section 17.040.060 B. by amending the definition of "Park" by amending the third paragraph of the definition of "Park" by inserting after the word "greenways" and before the phrase "as defined" the phrase "or "passive park"".

C. By amending Section 17.08.030 District Land Use Tables by adding under the Recreation and Entertainment Uses: the land use classification "passive park" which be permitted in residential zone districts as a Special Exception (SE) and permitted by right (P) in all other zone districts.

D. By amending Section 17.16.220 by adding the following new section:

"J. Passive Park.

1. Street Standard. At a minimum, drive access, if any, should be from a collector street unless based upon a recommendation of the chief traffic engineer supported by a traffic management study, 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.

2. Landscape Plan. A detailed landscape plan shall be submitted with a recommendation from 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 or the historical, cultural or archeological attraction.

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 demonstrated and ongoing commitment to maintain the property and/or attraction and appurtenances in a safe, clean and functional manner."

E. By amending the Section 17.20.030 by adding under the Recreation and Entertainment Uses the category "passive park" to the parking requirements table. The minimum parking spaces required shall be determined by the traffic engineer under Section 17.20.030 F.

F. By amending Section 17.16.120 C.1. by inserting after the word "park" and before the phrase ", as herein defined," the phrase "or passive park".

SECTION 2. 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: Lynn Williams