ENACTED 06/02/1998

ORDINANCE NO. 098-1187

WHEREAS, by Ordinance No. 77-716, the Metropolitan Council of the Metropolitan Government of Nashville and Davidson County, Tennessee approved the "Capitol Boulevard Extension, Bicentennial Park and Housing Development Plan;" and

WHEREAS, by Ordinance No. 82-845, the Metropolitan Council approved the "Capitol Mall Redevelopment Project Plan" which revised the boundaries and superseded the text, maps, and exhibits of the original "Capitol Boulevard Extension, Bicentennial Park and Housing Development Plan" previously approved by Ordinance No. 77-716; and

WHEREAS, by Ordinance No. 87-1695, as amended, the Metropolitan Council approved Amendment No. 1 to the "Capitol Mall Redevelopment Project Plan;" and

WHEREAS, by Ordinance No. 91-1567, the Metropolitan Council approved Amendment No. 2 to the "Capitol Mall Redevelopment Project Plan;" and

WHEREAS, by Ordinance No. 93-774, the Metropolitan Council approved Amendment No. 3 to the "Capitol Mall Redevelopment Project Plan;" and

WHEREAS, by Ordinance No. 97-755, the Metropolitan Council approved Amendment No. 4 to the "Capitol Mall Redevelopment Project Plan;" and

WHEREAS, Ordinance No. 82-845, which addressed certain properties along Church Street, envisioned the development of a retail mall atop a Metropolitan Parking Garage and Land Use designations were generated to accommodate a retail mall; and

WHEREAS, the Metropolitan Council now wishes to amend the Land Use designations for that site to include a Public Library as serving valid public purposes; and

WHEREAS, the Metropolitan Council hereby declares that the construction of a public library is a valid public use and the Metropolitan Development and Housing Agency is authorized to acquire property for the library through negotiation, condemnation or otherwise as provided by Tennessee Code Annotated, Section 13-20-104; and

WHEREAS, there has been prepared and referred to the Metropolitan Council for review and approval Amendment No. 5 to the "Capitol Mall Redevelopment Project Plan" consisting of certain changes in the text and maps of the redevelopment plan; and

WHEREAS, said Amendment to the aforesaid redevelopment plan has been approved by the Board of Commissioners of the Metropolitan Development and Housing Agency; and

WHEREAS, the Metropolitan Council has held a public hearing and has carefully considered and reviewed the proposed amendment to the redevelopment plan.

SECTION 1. That the findings and determinations relative to the "Capitol Mall Redevelopment Project Plan" are hereby reaffirmed and redetermined.

SECTION 2. That the Metropolitan Development and Housing Agency is hereby authorized to acquire Tract 63A as shown on a new R.P. Map 3E, which is attached hereto and made part hereof, through negotiation, condemnation or otherwise as provided by Tennessee Code Annotated, Section 13-20-104.

SECTION 3. That Section C.2.b.(3) Regulations and Controls of the "Capitol Mall Redevelopment Project Plan" is deleted in its entirety and replaced by the following new Section C.2.b.(3) Regulations and Controls:

(3)Tract 63A (all of Block 63)

Intent: To construct a public library development with related public and private uses.

Principal Use:Public library, arts/entertainment, cultural/educational uses, residential, park/plaza, parking and a combination of retail and food shops and offices, and personal service businesses.

Design Objectives:The development of this area should be planned and designed as an entity with the existing Metro Parking Garage.

SECTION 4. That the "Capitol Mall Redevelopment Project Plan" is amended by adding R. P. Map 2E, dated April 14, 1998, which pertains to a change in the proposed Land Use for the single block designated for the public library and which is attached hereto and made a part of this Ordinance.

SECTION 5. That the "Capitol Mall Redevelopment Project Plan" is hereby amended by adding R. P. Map 3E, dated April 14, 1998, designating the entire Tract 63A for acquisition, which map is attached hereto and made a part of this Ordinance.

SECTION 6. That any reference in the Plan text to R. P. Map 1 shall be construed to include Maps 1A, 1B, 1C, and 1D, and any reference to R. P. Map 2 shall be construed to include Maps 2A, 2B, 2C, 2D, and 2E, and any reference to R.P. Map 3 shall be construed to include Maps 3A, 3B, 3C, 3D, and 3E.

SECTION 7. That this Ordinance take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Julius Sloss & Melvin Black