An Ordinance amending Section 17.36.070 of Title 17 of the Metropolitan Code, Zoning Regulations, to require developers clustering single-family and two-family lots within a planned unit development (PUD) district to construct recreational facilities on a portion of the designated common open space, all of which is more specifically described herein (Proposal No. 2007Z-071T).

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 by amending Section 17.36.070 by deleting subsection A. in its entirety and substituting in lieu thereof the following new subsection A.:

“A. Clustering Single-Family and Two-Family Lots.
1. Residential lots within a PUD district may be clustered to a greater extent than allowed by the cluster lot provisions of Section 17.12.080 in return for extraordinary protection of environmentally sensitive areas in a natural state. With proper environmental protection, a PUD master development plan may recapture up to one hundred percent of the average density achievable by similarly zoned land with no environmental constraints. The actual achievable density for any given master development plan may be less depending upon the extent of environmentally sensitive areas to be protected and the minimum lot requirements established below.
2.  Recreational facilities.
a. Any property owner or developer of a subdivision clustering single-family and two-family lots within a PUD district as provided in subsection A.1. of this section shall install and/or construct recreational facilities on a portion of the required undeveloped common open space.  For purposes of this section, "recreational facilities" mean tennis courts, basketball courts, playgrounds, baseball/softball diamonds or volleyball courts.  For developments that are designed and marketed as retirement or senior citizen housing, “recreational facilities” shall also mean park benches, swings, gazebos, and similar types of alternative equipment.     
b. Recreational facilities required pursuant to this subsection shall be located within usable open space areas and shall not be constructed within the following areas:
(1) Natural areas with slope greater than fifteen percent (15%);
(2) Within the floodplain;
(3) Within a sinkhole; or
(4) Within areas that would impact cultural resources.
c. At a minimum, recreational facilities shall be constructed and/or installed in accordance with the following schedule:
(1) Residential developments containing fewer than 25 units shall be exempt from the requirement to install recreation facilities.
(2) One recreational facility shall be installed for developments containing between 25 and 49 total residential units.
(3) Two recreational facilities shall be installed for developments containing between 50 and 99 total residential units.
(4) Three recreational facilities shall be installed for developments containing between 100 and 149 total residential units.
(5) Four recreational facilities shall be installed for developments containing more than 149 residential units, plus an additional recreational facility for every 100 residential units in excess of 150 units. 

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: Walter Hunt

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2007-1449

Mr. President:

I move to amend Ordinance No. BL2007-1449 by modifying Section 1. as follows:
• Delete item No. A.2.a
• Replace with a new item No. A.2.a, as follows:

“a. Any property owner or developer of a subdivision clustering single-family and two-family lots within a PUD district as provided in subsection A.1. of this section shall install and/or construct recreational facilities on a portion of the required undeveloped common open space. For purposes of this section, "recreation facilities" means active play facilities (including but not limited to tennis courts, basketball courts, swimming pools, playgrounds, baseball/softball diamonds or volleyball courts) and passive amenities (including but not limited to walking trails, picnic shelters or gazebos, shared docks, and similar passive recreation amenities). Proposed recreation facilities shall be defined on the Master Development Plan and shall be demonstrated appropriate to the intended demographics of the single-family and two-family portion of a PUD.”
• Delete items Nos. A.2.c(2), (3), (4), and (5)
• Replace with new item No. A.2.c(2)
“(2) One recreational facility shall be installed for developments containing between 25 and 99 total residential units, plus an additional recreational facility for every 100 residential units in excess of the first 99 units.”

Sponsored by: Walter Hunt