An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to clarify different park and recreation uses by creating "park, private active" and "park, private passive" as new land uses, all of which is more particularly described herein (Proposal No. 2006Z-196T).

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 by amending Section 17.040.060.B. by deleting the current definition of "park" and adding the new definition "Park, private":

"Park, private" means any facility that is:
1. Privately owned and open to the public, regardless of whether a fee is charged for use;
2. However, the term "park, private" shall not be construed as to include:
a. "Greenways" as defined in Metropolitan Code Section 17.04.060.B.;
b. "Park" as defined in Metropolitan Code Section 13.24.010;
c. Any private green space as approved in any Planned Unit Development (PUD), Specific Plan (SP) district, or Urban Design Overlay (UDO) approved by Council; or
d. Any private green space as designated in a plat of subdivision as approved by the Metro Planning Commission.
3. Any reference in the Metropolitan Code to "park" not in relation to "park, private" shall be construed to refer to parks as defined in Metropolitan Code Section 13.24.010.
4. There shall be two categories of "Park, private": "park, private passive" and "park, private active" as herein defined:
a. "Park, private passive" means a facility:
i. The predominant features of which are natural, such as grass fields, trees, lakes, or ponds, provided that a park, private passive may include certain amenities such as playgrounds, fields, docks, and other open-air recreation facilities;
ii. That is primarily used for recreational activity, such as hiking, biking, swimming, boating, camping, playing sports or other games, picnics, and general play; and
iii. For which no fee is charged for entry or admission.
b. "Park, private active" means a facility:
i. The predominant feature of which consists of permanent recreational structures, such as pavilions, gymnasiums, tennis courts, track and field facilities, swimming pools, museums, or zoological or botanical gardens;
ii. The predominant feature of which is one or more cultural, historical or archeological features that attract a substantial number of visitors from areas not immediately surrounding the park; or
iii. For which a fee is charged for entry or admission.
5. Any privately-owned facility in possession of a park permit or being used as a park prior to the effective date of this Ordinance shall be entitled by right to treat such park as a "park, private passive" with all corresponding rights thereto.
Section 2. 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 by amending Section 17.08.030, District Land Use Tables, as follows:
1. By adding the land use classification "Park, private passive", which shall be permitted by right (P) in all zoning districts.
2. By adding the land use classification "Park, private active", which shall be permitted by Special Exception (SE) in all zoning districts.
Section 3. 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 by amending Section 17.16.220 by adding the following provisions as subsection F. and relettering the subsequent subsections accordingly:

F. Park, private active.

1. Street Standard. Driveway access shall be from a collector street unless the Board of Zoning Appeals determines that a higher or lower classification of street is appropriate based on projected use and/or the Traffic Engineer's determination pursuant to Section 17.126.150.G.

2. Metropolitan Development and Housing Agency (MDHA) and/or Metro Historic Zoning Commission Action. Any proposed park, private active located in whole or in part within a redevelopment district shall first be referred to and reviewed by MDHA for conformance with the relevant plan or guidelines. Any proposed park, private active with structures which are listed on the National Register of Historic Places, identified as eligible for the National Register of Historic Places, or identified as worthy of conservation shall first be referred to and reviewed by the Metropolitan Historic Zoning Commission staff to determine the effects of the proposed park, private active use on the historic properties. Each agency shall provide a written recommendation to the Board of Zoning Appeals on the proposed park, private active.

3. Site Plan. A detailed site plan shall be submitted which shall address the location, orientation and design of proposed structures, and facilities per Section 17.16.150.D. of Metro Zoning Code. The site plan shall explain how the location and orientation will interact with the surrounding neighborhood per Section 17.16.150.I. of Metro Zoning Code. The site plan shall also address access including the ingress and egress, location of parking and pedestrian access and how these elements will interact with the surrounding neighborhood.

4. Landscape Plan. A detailed landscape plan that maintains the landscape in a manner that is consistent with the overall context of the neighborhood shall be submitted to and approved by the Urban Forester.

5. Landscape Bufferyard. When a park, private active abuts an area zoned or used as residential, then a Standard C landscape bufferyard shall be required between the edge of the parking lot, swimming pool, or other permanent recreational structure designed for active recreation and the abutting residential area. The Board of Zoning Appeals may reduce or increase the landscape bufferyard based upon a recommendation of the Metro Planning Commission as to the appropriate bufferyard standard. No landscape bufferyard shall be required where lots are designed or intended to have front or side access directly onto the park.

6. Lighting Plan. A detailed lighting plan shall be submitted and approved by the Urban Forester. 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 during park hours.

7. Maintenance Plan. A maintenance plan addressing how the park will be maintained over time shall be submitted. Approval of a park, private active shall be contingent on the park owner's ongoing commitment to maintain the property and its appurtenances in a safe, clean and functional manner.

8. A traffic management study may be required, per Section 17.16.150.G of the Metropolitan Zoning Code.

9. The Board of Zoning Appeals may impose additional standards per Section 17.16.150.J. of the Metropolitan Zoning Code.

10. Notwithstanding any other provision of the Metropolitan Code of Laws, no new park, private active, as herein defined, shall henceforth be constructed within two thousand feet of the property line of any landfill or other waste disposal facility.

Section 4. 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 by amending Table 17.20.030, PARKING REQUIREMENTS, by adding the following new category "park, private active" under Recreation and Entertainment Uses:
Park, private active: Established by the traffic engineer (Section 17.20.030F). When possible, parking areas should be dispersed to avoid excessive impervious surface and parking abutting property zoned for or used for residential.

Section 5. 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