City of Atlanta
Georgia

Ordinance
16-O-1611
Adopted Substitute as Amended
Dec 5, 2016 1:00 PM

AN ORDINANCE BY COUNCILMEMBER KWANZA HALL
AS SUBSTITUTED BY THE CITY UTILITIES COMMITTEE
AS FURTHER SUBSTITUTED AND AMENDED BY THE ATLANTA CITY COUNCIL
AUTHORIZING THE ABANDONMENT OF PLAZA WAY
AND PORTIONS OF LOWER ALABAMA STREET, UPPER ALABAMA
STREET, LOWER PRYOR STREET, AND UPPER PRYOR STREET, LYING
AND BEING IN LAND LOT 77 OF THE 14TH DISTRICT OF FULTON COUNTY,
GEORGIA; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE A
QUITCLAIM DEED(S) OF ALL OR ANY LESSER PORTION OF SUCH
ABANDONMENTS TO THE ABUTTING OWNERS; WAIVING CERTAIN
REQUIREMENTS OF SECTION 138-9 OF THE CITY OF ATLANTA CODE OF
ORDINANCES; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 2 Kwanza Hall
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 11 PLAZA WAY
  3. 16-O-1611 (Condition Form) (This file has not yet been converted to a viewable format)
  4. 16-O-1611 Updated Exhibit A
  5. SUB 16-O-1611 (Underground Abandonment) (This file has not yet been converted to a viewable format)
  6. 16o1611 Certified

Item Discussion

(A Public Hearing was held on 11/29/16)

Body

 

WHEREAS, the City of Atlanta ("City"), Metropolitan Atlanta Rapid Transit Authority ("MARTA"), Hotel Atlanta, LP ("Hotel Atlanta"), the Building Authority of Fulton County ("Building Authority") and the Downtown Development Authority of the City of Atlanta ("DDA'') each hold certain interests in the real property known as Underground Atlanta, lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia; and

 

WHEREAS, the City, MARTA, Hotel Atlanta, Building Authority, and DDA are abutting property owners to certain City rights-of-way at Underground Atlanta, including Plaza Way ("Plaza Way"), Lower Alabama Street between Central Avenue and Peachtree Street ("Lower Alabama Street"), Upper Alabama Street between Central A venue and Peachtree Street ("Upper

Alabama Street"), Upper Pryor Street between Martin Luther King, Jr. Drive and Wall Street ("Upper Pryor Street"), and Lower Pryor Street between Martin Luther King, Jr. Drive and Wall Street ("Lower Pryor Street"), with such rights-of-way being more fully described or depicted in Exhibit "A" attached hereto and incorporated herein by this reference (collectively, the "Rightsof-Way"); and

 

WHEREAS, certain properties located within the block bordered by Alabama Street, Pryor Street, Martin Luther King, Jr. Drive and Peachtree Street and fronting on Peachtree Street (the "Access Properties") have used a portion of property owned by the City to gain access to Pryor Street and Martin Luther King, Jr. Drive for service to the rear of their properties; and

 

WHEREAS, by Ordinance 86-0-2504, adopted by the Atlanta City Council on August 3, 1986 and approved by the Mayor on August 10, 1986, as amended by Ordinance 87-0-1278, the City closed Upper Alabama Street between Central A venue and Peachtree Street to vehicular traffic and converted such portion of Upper Alabama Street into a pedestrian mall; and

 

WHEREAS, by Ordinance 00-0-0970, adopted the Atlanta by City Council on August 7, 2000 and approved by the Mayor on August 13,2000, the City abandoned portions of Upper Alabama Street to DDA on the condition that certain development requirements must be met, but such conditions were never met and no quitclaim deed was ever executed; and

 

 

WHEREAS, Plaza Way, Lower Alabama Street and Lower Pryor Street are enclosed and are no longer open to vehicular traffic, and have been continuously operated as a plaza and pedestrian mall for several decades; and

 

WHEREAS, the Commissioner of the Department of Public Works has determined that the Rights-of-Way are no longer needed for public road purposes, their removal from the municipal street is in the best public interest, and the Rights-of-Way should be abandoned; and

 

WHEREAS, the City has performed a traffic analysis of the area and has determined that the Rights-of-Way are not necessary for traffic flow in the area, and abandonment of the Rights-of-Way will enhance pedestrian connectivity for Underground Atlanta; and

 

WHEREAS, the City wishes to abandon the Rights-of-Way, retain title to the abandoned rights of-Way, and to dispose of the abandoned Rights-of-Way in accordance with state law subject to (1) any rights of MARTA and the State of Georgia, (2) a reservation of easements for public and

existing private utilities, telecommunications, infrastructure and other facilities over, under, across and through such Rights-of-Way, (3) a reservation of access easements until such time as the Central A venue Viaduct has been replaced and reopened, ( 4) preservation of a grid for pedestrian and bicycle travel on Alabama Street and Pryor Street, and (5) establishment of a means of pedestrian and vehicular service ingress and egress between the Access Properties and public rights-of-way in a manner and on terms compatible with the master development plan for

Underground Atlanta approved by Invest Atlanta and the City's Department of Planning pursuant

to covenants recorded in the Fulton County land records upon the closing of the sale of Underground Atlanta; and

 

WHEREAS, DDA'S disposition of the Underground Atlanta property is in accordance with O.C.G.A. ยง 36-61-10 and all other applicable legal requirements.

 

WHEREAS, the City desires to provide for the sharing of information and to enhance communications with the community in regards to the redevelopment of Underground Atlanta, including soliciting input from the community with regard to maintaining historic and sustainable features, type and scale of retail, affordable housing, and minority participation.

 

THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS:

 

Section 1. That Plaza Way and those portions of Lower Alabama Street, Upper Alabama Street, Lower Pryor Street, and Upper Pryor Street, being more specifically described or depicted in Exhibit "A" attached hereto, are hereby declared to be no longer needed for public road purposes, that their removal from the public road system is in the best interest of the public, and are abandoned with the City retaining title to said Rights-of-Way.

 

Section 2. That to the extent applicable, the provisions of City Code of Ordinances Section 138-9 are hereby waived.

 

Section 3. That the abandonments shall be subject to (1) any rights of MARTA and the State of Georgia, (2) a reservation of easements for public and existing private utilities, telecommunications, infrastructure and other facilities over, under, across and through such Rights-of-Way, (3) a reservation of access easements until such time as the Central Avenue Viaduct has been replaced and reopened, (4) the preservation of a grid for pedestrian and bicycle

travel on Alabama Street and Pryor Street in a manner and on terms compatible with the master development plan for Underground Atlanta approved by Invest Atlanta and the City's Department of Planning pursuant to covenants that recorded in the Fulton County land records upon the closing of the sale of Underground Atlanta, and (5) establishment of a means of pedestrian and vehicular service ingress and egress between the Access Properties and public rights-of-way in a manner and on terms compatible with the master development plan for Underground Atlanta.

 

Section 4. That the Mayor or his designee is hereby authorized on behalf of the City, if and to the extent the Mayor so elects, to execute a quitclaim deed(s) in favor of DDA and/or another third party, conveying all or any lesser portion of the Rights-of-Way to such party(ies), subject to (1) any rights of MARTA and the State of Georgia, (2) a reservation of easements for public and

existing private utilities, telecommunications, infrastructure and other facilities over, under, across and through such Rights-of-Way, (3) a reservation of access easements until such time as the Central A venue Viaduct has been replaced and reopened, ( 4) preservation of a grid for pedestrian and bicycle travel on Alabama Street and Pryor Street in a manner and on terms compatible with the master development plan for Underground Atlanta approved by Invest Atlanta and the City's Department of Planning pursuant to covenants recorded in the Fulton County land records upon the closing of the sale of Underground Atlanta, and (5) establishment of a means of pedestrian and vehicular service ingress and egress between the Access Properties and public rights-of-way in a manner and on terms compatible with the master development plan for Underground Atlanta.

 

Section 5. The Mayor, or his designee, is hereby authorized to execute such other and further documents, deeds, agreements, and instruments necessary to effectuate the intent of this ordinance.

 

Section 6. Such quitclaim deed(s), easement agreement(s), and any related documents will not become binding upon the City, and the City will incur no liability thereunder, until such documents have been executed by the Mayor or his designee, approved by the City Attorney as to form, attested to by the Municipal Clerk, and delivered to DDA or such other third party.

 

Section 7. The developer shall prepare a written strategy and plan for community engagement and communication during the duration of the development and/or redevelopment of of Underground Atlanta. The developer shall provide this strategy and plan to the Commissioner of Planning and Community Development, the Community Development/Human Resources Committee, the Councilmember for District 2, Council District 4 and the Chair of NPU-M and shall provide quarterly updates to the Community Development/Human Resources Committee.

 

Section 8. Any ordinances or portions of ordinances in conflict with this ordinance are hereby waived, but only to the extent of the conflict.

 

 

Meeting History

Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Nov 15, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Alex Wan, Councilmember, District 6
SECONDER:Howard Shook, Vice Chair
AYES:Natalyn Mosby Archibong, Clarence "C. T." Martin, Yolanda Adrean, Andre Dickens, Howard Shook, Alex Wan, Joyce M Sheperd
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 29, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft

ON SUBSTITUTE ON CONDITION

RESULT:FORWARDED WITH NO RECOMMENDATI [4 TO 2]
MOVER:Howard Shook, Vice Chair
SECONDER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Clarence "C. T." Martin, Yolanda Adrean, Howard Shook, Joyce M Sheperd
NAYS:Natalyn Mosby Archibong, Alex Wan
ABSTAIN:Andre Dickens
Dec 5, 2016 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

Chairperson Archibong made a Motion to bring forth a Substitute for Ordinance 16-O-1611. It was Seconded by Councilmember Shook and CARRIED by a show of hands of 13 yeas; 0 nays. The Substitute was before Council. Following, Councilmember Hall made a Motion to Adopt on Substitute. It was Seconded by Councilmember Bond and a discussion ensued, in which, Councilmember Winslow offered an Amendment to include after Councilmember for District #2, add Councilmember District #4 in Section 7. It was Seconded by Councilmember Young and the Winslow Amendment CARRIED by a voice vote of 14 yeas; 0 nays. Subsequently, the Motion to Adopt on Substitute as Amended CARRIED by a show of hands of 10 yeas; 4 nays.

ADOPTED SUBSTITUTE AS AMENDED BY A SHOW OF HANDS OF 10 YEAS; 4 NAYS

RESULT:ADOPTED SUBSTITUTE AS AMENDED [10 TO 4]
AYES:Michael Julian Bond, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Howard Shook, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
NAYS:Mary Norwood, Natalyn Mosby Archibong, Alex Wan, Felicia A Moore
EXCUSED:Yolanda Adrean