ORDINANCE NO. BL2009-436

ORDINANCE NO. BL2009-436

An ordinance approving Amendment No. 3 to the Arts Center Redevelopment Plan and Amendment No. 8 to the Capitol Mall Redevelopment Project Plan.

WHEREAS, the Metropolitan Council, by Resolution No. 2008-143, authorized the Metropolitan Development and Housing Agency to undertake predevelopment activities related to the construction of a new convention center (“Music City Center”) located at 5th Avenue South and Demonbreun Street; and,

WHEREAS, such predevelopment activities have included the completion of a Master Plan that has been developed through a public input process, which details plans for the location of the Music City Center and the progression of redevelopment and growth around the Music City Center to allow for future expansion; and,

WHEREAS, the Arts Center Redevelopment Plan (the “Arts Center Plan”) consisting of text, exhibits, and maps currently exists as previously approved by Ordinance Number 098-1188, and subsequently amended by the adoption of Ordinance Nos. 099-1761 and BL2002-1063; and,

WHEREAS, the Capitol Mall Redevelopment Project Plan (the “Capitol Mall Plan”) consisting of text, exhibits, and maps currently exists as previously approved by Ordinance Number 82-845, and subsequently amended by the adoption of Ordinance Nos. 87-1695, 91-1567, 93-774, 97-755, 98-1187, BL2002-1033 and BL2004-424; and,

WHEREAS, the property selected by the Metropolitan Council for the location of the new Music City Center is located within the Arts Center Redevelopment District and the Capitol Mall Redevelopment Project Area, the assembly and redevelopment of such property as contemplated in the Master Plan would be better facilitated if all property were within the boundaries of one redevelopment district; and,

WHEREAS, the Master Plan envisions significant growth in the Capitol Mall Redevelopment District in the area south of Broadway, which will necessitate public-private partnerships; and,

WHEREAS, there has been prepared and referred to the Metropolitan Council for review and approval Amendment No. 3 to the “Arts Center Redevelopment Plan” replacing the R.P. Maps 1, 2, and 3 and the legal description; and,

WHEREAS, there has been prepared and referred to the Metropolitan Council for review and approval Amendment No. 8 to the “Capitol Mall Redevelopment Project Plan” consisting of certain changes in the text of the Redevelopment Project Plan and replacing R.P. Maps 1, 2, and 3 and the legal description; 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.

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

Section 1. That the “Arts Center Plan” is hereby amended by replacing “Exhibit A” with a new “Exhibit A”, dated April 14, 2009, depicting a revised legal description, which is attached hereto and as Exhibit 1 and made part of this Ordinance.

Section 2. That the “Arts Center Plan” is hereby amended by replacing “R.P. Maps 1, 2, and 3” with three new “R.P. Maps 1, 2, and 3” all dated April 14, 2009, which are attached hereto as Exhibit 2 and made part of this Ordinance. Any reference in the Plan text to R.P. Maps 1, 2, and 3 shall be construed to refer to the three new maps, all dated April 14, 2009.

Section 3. That the “Capitol Mall Plan” is hereby amended by replacing the boundary description, dated April 14, 2009, depicting a revised legal description, which is attached hereto and as Exhibit 3 and made part of this Ordinance.

Section 4. That the “Capitol Mall Plan” is hereby amended by replacing “R.P. Maps 1, 2, and 3” with three new “R.P. Maps 1, 2, and 3” all dated April 14, 2009, which are attached hereto as Exhibit 4 and made part of this Ordinance. Any reference in the Plan text to R.P. Maps 1, 2, and 3 shall be construed to refer to the three new maps, all dated April 14, 2009.

Section 5. That the “Capitol Mall Plan” is hereby amended by replacing the following paragraphs in Section C.2.b of the Plan with the following:

(5) Tract 72A (portions of Block 72) and Tract 73A (all of Block 73) and existing Sixth Avenue North Right of Way between Commerce Street and Broadway.

Intent: To redevelop these tracts to provide for high intensity uses compatible with existing civic and cultural facilities. Redevelopment should include integrating pedestrian crossings or overpasses connecting with Tracts 63A and 82A.

Principle Uses: Civic facilities, public spaces, entertainment, office, retail, hotel.

Design Objectives: The redevelopment of this tract should be planned with judicious consideration for its architectural relationship to adjacent blocks and should complement the entire Capitol Mall Redevelopment Project Area.

Vehicle Objectives: Access to the site may be permitted from Commerce Street, Seventh Avenue North, Broadway, and Opry Place.

(28) Tract 94A

Intent: To develop a multi-purpose convention center complete with meeting rooms, exhibit areas and service areas, such as restaurants, small retail shops, newsstands, or other similar uses, for the convenience of the ultimate user.

Principle Uses: Convention Center, for meetings and exhibitions.

Accessory Uses: Accessory uses incidental to the principal uses, such as offices for the use of businesses and professions, retail businesses for the convenience and service of the ultimate consumer, offices to accommodate the convention center management staff, truck unloading area, and access roads and ramps.

Design Objectives: The redevelopment of this tract should be planned and designed consistent with the Convention Center Master Plan approved by the Metropolitan Council contemporaneously with Amendment No. 8 to the Capitol Mall Redevelopment Project Plan (the “Master Plan).