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HomeMy WebLinkAboutR-01-0034J-01-27 1/9/01 RESOLUTION NO. 01— 3 4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, WYNWOOD TOWER APARTMENTS, LTD., THE STATE OF FLORIDA DIVISION OF HISTORIC RESOURCES (HISTORIC PRESERVATION OFFICER), AND MIAMI-DADE COUNTY, TO ALLOW FOR THE FINANCING AND CONSTRUCTION OF THE PROPOSED WYNWOOD TOWER APARTMENTS PROJECT IN THE EDGEWATER NEIGHBORHOOD, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 106 OF THE 1966 NATIONAL HISTORIC PRESERVATION ACT, AS AMENDED. WHEREAS, Resolution No. 98-1210, adopted December 8, 1998, allocated $500,000 from Fiscal Year 1998-99 Home Investment Partnership Program ("HOME") funds to Wynwood Tower Apartments, Ltd. for the development of 186 units in the Edgewater Neighborhood by Affordable Neighborhoods, Inc. and Greater Miami Neighborhoods, Inc.; and WHEREAS, Resolution No. 00-87, adopted January 27, 2000, amended Resolution No. 98-1210 to substitute Pinnacle Housing Group, Inc. for Affordable Neighborhoods, Inc. as one of the T T C1"�P7� A � PITY comms ox EETINC OF 0 34 developers and to authorize the transfer of $500,000 of HOME Program funds previously allocated to Wynwood Tower Apartments, Ltd. to Greater Miami Neighborhoods, Inc. for financing and development of the proposed housing project; and WHEREAS, since the project site is located in a historic district and includes two (2) historic structures and the project has been allocated federal funding, the City of Miami was required to determine the effect of the project on certain properties listed or eligible for listing in the National Register of Historic Places, pursuant to the provisions of Section 106 of the 1966 National Historic Preservation Act, as amended; and WHEREAS, since it has been determined that the proposed project will have an adverse effect on historic properties within the Edgewater Neighborhood that are eligible for listing in the National Register of Historic Places, certain avoidance and mitigation options were discussed between the State of Florida Division of Historical Resources, City of Miami, Miami -Dade County, the developers and local preservation groups; and WHEREAS, a plan was developed that would minimize the adverse effect on the historic structures located on the project site and a Memorandum of Agreement between the City, Wynwood Tower Apartments, Ltd., Miami -Dade County and the State of Page 2 of 4 '01— 3 Florida Division of Historical Resources, acting through the Florida Historic Preservation Officer, is necessary to ensure that the stipulations agreed upon by the parties are implemented; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized!' to execute a Memorandum of Agreement, in substantially the attached form, between the City of Miami, Wynwood Tower Apartments, Ltd., the State of Florida Division of Historic Resources (Historic Preservation Officer), and Miami -Dade County, to allow for the financing and construction of the proposed Wynwood Tower Apartments project in the Edgewater Neighborhood, in accordance with the provisions of Section 106 of the 1966 National Historic Preservation Act, as amended. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable city charter and code provisions. Page 3 of 4 01— 34 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.21 PASSED AND ADOPTED this 11th day of January —, 2001. JOE CAROLLO, MAYOR in accordance with Miarn; CCOC12 Sac. 2-35, since the Mavm rfid, nr,' in,,: Pr Of -1� - I - - by ci-r, in ft3 bccorn"--'s d-lactive VJ�L-' regarding same, without ti's` Mayer ATTEST: WALTER J. FOEMAN CITY CLERK M5 LO 7TY ATTORNEY W4972:LB:BSS %X / RRECTNESS:E/ W,q14tmr J.7,77-7117Clark 2/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 4 01-- t'2 4 Dec. 4. 2000 11:40AM No,0811 P. 3/6 ft M$MORANDUM OF AGREXMTVT AMONG Vrf"OOD TOWER APAR'i'MENY'S, LTD., TEM FLORIDA STATE HISTORIC PRESERVATION OFFICER, NE AMI -DARE COTJM AND THE CITY OF NaAAU REGARDING THE WYNWOOD TOWER APARTMENTS WHEREAS, die Wyawood Tower Apartments, Ltd, ("WTAL'I proposes to construct a new affordable rental housing development called the Wynwood Tower Apartments CTrojecel on a block bounded by Northeast 23 Street on the south, Northeast 2 Court on the east, Northeast 24 Street on the north, a:ad Northeast 2 Avenue on, the west in the Rdgewater Subdivision, situated within Miami -Dade County and the City of Miami, Florida, through Federal HOME Program funding provided dm=gh Munni -Dade County ("County") and the City of Miami ("City*); and, WHEREAS, the WTAL Project's design is the subject of this Memorandum of Agreement ("MOA"), as shown on the May 2000 Plan for the project which includes the map entitled "Project Map" and attached bereto as Appendix 1; and, WHEREAS, pursuant to 36 CFR Part 800, implementing Section 106 of the National Historic Preservation Act (16 USC § 470f), and in consultation with the Florida State Historic Preservation, Officer ("SHPOI, Miami - Dade County, City of Miami, and interested members of the public, the aferammitioned parties have dcWUnine&the following: An area of potential effect (APB) for the project, as defaced in 36 CFR 8002(e), is Northeast 21 Street on the souk by the western shore of Biscayne Bay on u'he east by Northeast 26 Street on the north by the FSC Railroad right-of-way on the west, as described is a document entitled "Historic Record and Neighborhood Analysis Wyawood Tower Apartments Property Pinnacle Housing Group Delle Comity, Florida," Bawd June 2000, attached hereto as Appendix. 2, and as shown on the "Vicinity Map"; ' Pursuant to 3 6 CFR 800.5, the Project wi11 have an adverse effect on historic properties within the Edgewater Neighborhood that are eligible for 1'cting in the National Register of Historic Places. These pmperties are identified in the'%btotic Record and Neighborhood analysis Wynwood Tower Apsraneuts Property Pinnacle Housing Group Dade County, 71*cW' in Appendix 2. WHEREAS, the determination of adverse effect on historic properties within rho Edgewater Neighborhood is based on the demolition and relocation of historic properties and the visual and aesthetic effect of the Project within the eligible historic district; and, WI -MEAS, WTAL, the SHPO, the County, the City, and local interested parties have participated in consultation regarding minimindon and mitigation options and agree that The following stipulations for 8u Wyawood Tower Apartments will n)eet the purpose and need for the Project; and, NOW, THEREFORE, WTAL, the SHPO. aha County and tate City agree that the undertaking shq be implemented is accordance with the following stipulations in order to take into account the effect of the project: stipulations 1. Proiect Desian it is understood by the parties that the'desw concept daaeribed iai the Final PUA for the Project as modified . and approved by the parties, w attached, shall serve as the basis for final design of the Projec8 WTAL, the County, and the City shell ensure that the design of the Project is consistent with the 1?ipal..Plart Fet'erenood above aad'with recommended approaches see lhrdt iu the Smeary oj'ifie, Inrertor, 4 Standards for. Rehabilliarion and Gulde1iner far Oehabtlitating HUN?* Buildings (U.S. Department of the Interior, .34 l Dec. 4. 2000 11:40AM VNo,0811 ''P, 4/6 National Park Service. 1990; hereafter referred to as Standards and Guidelinw), and chat the design and specifications for the Project are submitted to the SHPO for approval. 2, Interim Protection A. WTAL shall ensure that the historic properties, as they ase vacated by the exisft tenants, are immediately secured and protected against damage until the meamaes agreed upon in iWa agreement are fully implemented. a. WTAL shall ensure that the historic properties are maintained in a weather -tight condition and are fully secured against unauthorized entry, r C. The County and the City are permitted at all times to undertake applicable regulatory reviews. 3. Proiect Area Docuuteatation end Relocation of the Structure Located at 2318 N.B. 2 Court A. WTAL shall ensure that documentation of the structure located at 233 N.P. 23 Street, a circa 1920, two-story masonry vernacular and butugalow single-family residence, is conducted prior to its demolition, according to the Secretory of the Interior's Standards forArehitecturaj and Rneneering Doewnentation:HARSAVAER Standards (U.S Depattmem of the Interior, Natwaal Park Service, 1990) (hereafter HABSMBR Standards) is accomplished with appropdate measured drawings, photographs, and written data as required by the HABS/HAER Standards. Completed documentation small be submitted to the Florida SHPO, the County and the City for review and approvaL B. WTAL shall ensure that the structure located at 2318 N.E. 2 Court, a circa 1920, two -atony frame and limestone rubble multi -family apartment building (hereafter "Ifistoric Property" ), is dooumeated according to HABSIHAER Standards (measured drdwings, photographs, and written data) prior to or within 6 months of its relocation from its current location On Lot 3 of the project Area to Lot 12 of the project Area. Completed documentation shall be submitted to the Florida SHPO, the County and the City for review and approval. C. VITAL shall ensure that the Historic Prey is moved in accordance with the approaches recommended in Moving Xitioric BsaldbW (John Abed Curtis, 1979, American Association for Stare and Local I-istory) by a professional structural mover who has the capability to move historic buildings properly. D. The County and the City will at all times undertake applicable regulatory revim of the Project. 4. Rehabilitation A. WTAL shall ensure that the Historic Property is rebabfiitated in accordance with the recommended awroachea in the Standards and Guidelines. B. WTAL shall ensure that a plan for the rehabilitation of the exterior made of the Historic Property, including architectural specifications, i3 provided — before the rehabilitation begins — to the SRPO fbr review and approval, and that photographs of the Historic Property (both prior to and following completion of the rehabilitation) ate provided to the SEPO, the C=ty and the City, Existing original interior features shall be retained and Acture intorior modifications shall be reviewed by the signatory partied prior to being undeitakeu,' C. The, County and the City will at all times undertake applicable regulatory. reviews of the Project: 5. New QRnstmction A. VITAL stall ensure, •to the extent practicable and consistent with the Final Plan for t}te r1 Project, - . 0.. 3 4 Dec 4 2000 11:40RM �No•0877 P 5/6 that all new construction, shall, be conaLmm with the recommended approaches to `new construction" set forth in the Srmidandf and Gwettner. ` D . WTAL has submitted 100% of the Project's c o==cdon documents to the SHPO for review and Approval. C. The County and the City will at all times undertake applicable regulatory reviews of the Project. 6. Lona -Term Protection of the Matorie Property+ WTAL shall take the following two actions within six months of the data of this agreement to extsote the protection of the Historic Property: A. Eater into a protective covenant with an appropriate not.fbr-proftt organization that will. ensure the long-term protection of the Historic property by reviewing all effftu to the historic property; and, B. Submit an application for historic site designation of the Historic Property to the City of Miami Historic and EnviressuneaW Preservation Board or, in the alternative, a nomivadon to fire National Register of Historic Places tiuvngh the SHPO. 7. Adminisicatiye Conditions A. Pursuant to 36 CFR 800.6(c), this Agreement shall be considered an agreement with the Advisory Council on Historic Preservation (aiKutter "Council") for the purposes of Section 106 of the National Historic Preservation Act of 1966. • B. Any signatory parry to this agreement may propose to tho other signatory patties that it be amended, whereupon all of the signatory pffities will consult and consider the amendment pursuant to 36 CPR 800,6(c)(7). C. Each submittal requested herein will be provided to the SHPO for review and comment. Should the SHPO object in writing received within 10 calendar days to any plan or specification required to be submitted pursuant to this Agreement, WTAL will consult with des SHPO to resolve the objection. If ren response is received by WTAL within 10 the above-dewnbed 10 -day period, dw suberdttal shall be deaaned approved. If no resolution can be reached between PRO and the SHPO, WTAL will forward all documentation relative to the dispute to the Council pursuant to 36 CFR 800.6(b). D. This Agr=wet shall remain in effect until completion of design and construction of the project is completed, Any other ancillary agreements that are a product atthis instant Agreerxlont aball remain in effect for any amount of time determined or otherwise set therein, regardless of the termination of this Agreement E. This Agreement 0611 be deemed void and of no effect in the event that WTAL does not proceed with the construction of the Project. F, If any section, subsection, sentence, clause or provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected by such invalidity. i Execution of this Memorandufa of Agiccment by WTAL, the SHPO, &c County, land the City, and its subiaittal to the Council, and implems urian of.its terns, evidence that WTAL and Huse other signatory parties have taken into account t6 of acts of the underta]aug ori historic properties. I Dei• 4. 2000 11:41AM No•0877 •P. 6/6 WYNWOOD TONM APARTMENTS Approved by: Michael Wohl FLORIDA STATE IUSTORIC 'PRESERVATION OFFICER Approved by: Dr. Janet S. Matthews WANU DADS COUNTY Approved by. Tony E. Crapp, Sr., Director. OCED Approved as to form and oeirectneas Thomas W. Logue, Assistant County Attorney THE CYTY OF WAW Approved by: Carlos A. Gemeaez, City Manager Approved u to form and correoMm Alejandro Vilamno, City Attorney Date: Data: Dam, Date: as i 01 '4 i CITY OF MIAMI, FLORIDA 20 A INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: -6 . imene Ciager RECOMMENDATION: DATE: JAN - 2 2001 FILE SUBJECT: Resolution Approving Execution Of Memorandum of Agreement Wynwood Tower Apartments REFERENCES: City Commission Meeting ENCLOSURES: of January 11, 2001 It is respectfully recommended that the City Commission adopt the attached resolution, authorizing the City Manager to execute a Memorandum of Agreement in substantially the form attached, between the City of Miami, Wynwood Tower Apartments, Ltd., Miami Dade County and the State of Florida Division of Historic Resources in connection with the financing and development of the proposed Wynwood Tower Apartments Project. BACKGROUND: At its meeting of December 8, 1998, the City Commission adopted Resolution No. 98-1210, allocating $500,000 in FY' 1998-99 Home Investment Partnership (HOME) Program funds to Wynwood Tower Apartments, Ltd. whose partners are Pinnacle Housing Group, Inc. and Greater Miami Neighborhoods, Inc., in connection with the financing and development of the proposed 186 unit Wynwood Tower Apartments Project. In accordance with Resolution No. 98-1210, the City's financial commitment of $500,000 in Home Program funds was subject to the developer securing financial assistance from the Florida Housing Finance Corporation through the State of Florida's Housing Credit Program, in addition to financing from other sources in order to complete the construction of the proposed housing project. To date, financing for the proposed $19.5 million housing project has been secured from the following sources: City National Bank Tax Credit Equity City of Miami Miami -Dade County DeferFed Developer's Fees TOTAL: $5,100,000 $10,608,975 $500,000 $500,000 $2,885,159 $19,594,134 01— 1— 3 4 The Honorable Mayor and Members of the City Commission Page 2 Since the project site is located within a historic district and includes two (2) structures located at 233 N.E. 23rd Street and 2318 N.E. 2nd Court, and federal funding is being provided to assist in the construction of the project, the City is required to determine the impact of the proposed project on the subject structures listed in or eligible for listing in the National Register of Historic Places, pursuant to provisions of Section 106 of the National Historic Preservation Act of 1966, as amended. As a result of the Section 106 review conducted by the City and Miami -Dade County and State of Florida, it has been determined that the project will have an adverse effect on the Edgewater Historic District. Through a consultation process with the City, Miami -Dade County, the developer, the State of Florida and local preservation groups, certain avoidance and mitigation options were proffered and a plan was developed to minimize the adverse effect on the historic structures located on the project site. In an effort to move the financing and construction of the proposed Wynwood Tower Apartment Project forward and ensure that the stipulations agreed upon by all parties are implemented, it is necessary that a Memorandum of Agreement be entered into between the City, Wynwood Tower Apartments, Ltd., Miami -Dade County and the State of Florida's Division of Historic Resources. The attached resolution authorizes the City Manager to execute a Memorandum of Agreement for the aforementioned purpose, in substantially the form attached. DB/GCW/JBH 24 J-98-1238 12/8/98 1998, the City Q Q r 12 10 Miami was RESOLUTION NO.y V approximately A RESOLUTION AUTHORIZING TAS CITY MANAGER TO in FY ALLOCATE FUNDS, SUBJECT TO CERTAIN TERMS AND HOME ZOHS AS 4IM4FIRD MIR IN, FROM THE py wgb Program _T F � _ AP Y " TO `Ha HOm, 1E6-"BNIT3 OFA ST LOCATED IN T88 ` OD JBIGHBORHOOD AT s; SOUTHEAST 2MD AVENUE AND 23 STREET, MIAMI, FLORIDA, BY WYNNOOD TOWER APS, LTD.,''•, WHOSE DEVELOPERS ARE GRBATBR lima NEIGHAORAOODS, INC. AND AFFPFMANA N82GI O MODS, INC.; AUTHORIZING THE CITY MAIGUM TO WMC[TPB THE NECESSARY IN A FORM ACCSPTASL9 TO 'TBR CITY ATTORNEY, FOR SAID PURPOSE. -+* a severe shortage of affordable housing exists in the City of Miami. for families and individuals of very low, low . and`macerate income; and WHEREAS, the City Commission recognizes. that the participation of both the public and private sector is necessary to foster the development of affordable housing in the City of Miami; and NASRZA.S, in June 1998, the City of Miami was awarded approximately $4,520,000 in FY 1998-1999 HOME Partnership Program C2T V COBOUMON MEETING OF DEC 0.8 08 200010 l w Na funding from the U.S. Department of Housing and Urban Development; and WHEREAS, said project sponsor is preparing an application for funding from the State of Florida for financial assistance through the State's Housing Credit Program for the development of the proposed housing project; and wmau AS, it is recommended that the City Commission authorize the City Manager to allocate funding from the City's FY 1998-1999 SOM8 Investment Partnership Program, in the amount of $500,000 for the development of the Wynpood Toper Apartmeats, consisting of approximately 186 units of affordable rental housing to be located in the Wynwood Neighborhood at Southeast' 2nd Avenue and 23rd Street, Miami, Florida, by Wynpood Toper Apartments, Ltd., whose developers are Greater miami Neighborhoods;- Inc. and Affordable Neighborhoods, Inc., subject to compliance with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this 01— 34 - 2 .AA Section. Section 2. The City Manager is hereby authorized to allocate funding from the City's FY 1998-1999 HOME Investment Partnership Program, in the amount of $500,000 for the development of the Wynwood Tower Apartments, consisting of approximately 186 units of affordable rental housing, to be located in the Wynwood Neighborhood at Southeast'2nd Avenue and 23rd Street, Ni.ami, _Florida,_by Wynwood Tower Apartments, Ltd.',. whose developers are Greater Miami Neighborhoods, Inc. and..: Affordable Neighborhoods, Inc., subject to the conditions that= (1) financing to complete construction of the project Waist be:z secured, and (2) approval must be granted from the Flora Housing Finance Corporation through the State of Florida's`4y< Housing Credit Program for assistance in financing said project. Section 3. The City Manager is hereby authorized1l to execute the necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4". This Resolution shall become effective l� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited io those prescribed by applicable City Charter and Code provisions. _ 01— 3 4 3 - i immediately upon its adoption and signature of the Mayor. PASSED AIS ADOPTED this nth day of I]w['-Onetor 8 1998. JOB CAROLLO, MAYOR In a000ndenos Vft ANWW Code Sm 2.86, shoe the Mawr did not hxflceW approve1 of this 1s6 bMw by W9 ft It In #w if" sipnaNd place ' OoWed, sah legis t � bsooetrs sifioba To Me dimme of tan X10) . from fe dale d :'Ldp WOM to h*W ATTEST: : iiAI.TSR J. F+OENl11� CITY C MIC 5:HSS 2� If the Mayor does not sign this Resolution, it shall become effective at the and of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 01- 4 STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF Nn[AM ) 1, WALTER J. FOEMAN, City Clerk of the City of Miami, Florida, and keeper of the records tip mf, _ do hereby certify that the attached and foregoing pages numbered 1. through 4, inclusive, constitute a tree and correct copy of a Resolution with attachments passed and adopted by the City Commission at the meeting held on the 8a` day ofd.91998 SAID RESOLUTION WASDE4IGNATEDASRESOLMONNO.98-1210. JW W NESS W19KNEW9 _. I hereunto set my hand and impress the official of the City of b isint Florida this 30*.. day of Deoarr8er, M8. By: (OFFICIAL SEAL) WALTER J. FOEMAN City Clerk Miami, Flo dt- -11*1 rr Deputy Clerk 01- 34