Advisory Council On Historic Preservation

Transcription

1 Advisory Council On Historic Preservation The Old Post Office Building 1100 Pennsylvania Avenue, NW, #809 Washington, DC MEMORANDUM OF AGREEMENT AMONG THE U.S. DEPARTMENT OF HOUSING AND URBAN Al'ID DEVELOPMENT, THE GEORGIA STATE HISTORIC PRESERVATION OFFICER, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION FOR THE DEMOLITION OF TECHWOOD AND CLARK HOWELL HOMES ATLANTA, GEORGIA WHEREAS, the Department of Housing and Urban Development (HUD), has determined that implementation of the Techwood/Clark Howell Homes HOPE VI- Urban Revitalization Demonstration (URD) Project, submitted to HUDon March 17, 1995, will have an adverse effect on the Techwood Homes Historic District, Clark Howell Homes Historic District, the Georgia Institute of Technology Historic District, and the Anne Wallace Branch Carnegie Library, properties listed on or eligible for listing on the National Register of Historic Places and has consulted with the Georgia State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (Council) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S. C. 470!); and, WHEREAS, HUD has established the area of potential effect, as defined in 36 CFR Section 800.2( c), for the Techwood/Clark Howell Homes HOPE VI - URD Project to be the 51- acre project area bordered by North Avenue, Luckie Street, Mills Street, and Interstate 75 and 85 and an area of one block surrounding the Techwood Homes and Clark Howell Homes; and, WHEREAS, the Housing Authority of the City of Atlanta (HACA), the owner and manager of Techwood and Clark Howell Homes, participated in the consultation and has been invited to concur in this Memorandum of Agreement; and, WHEREAS, the Techwood/Clark Howell Resident Association participated in the consultation and has been invited to concur in the Memorandum of Agreement; NOW, THEREFORE, HUD, the Georgia SHPO, and the Council agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties.

2 2 STIPULATIONS HUD, in consultation with HACA, will ensure that the following measures are carried out. I. DEMOLITION AND RECORDATION A. HACA shall demolish Techwood and Clark Howell Homes, with the exception of the significant landscape features identified in consultation with the Georgia SHPO and the following buildings: the "L-Shaped" apartment building complex at the northwest corner of Techwood and Pine which includes the "cupola" capped tower; the Anne Wallace Branch Carnegie Library; and, the Clark Howell Community Center. B. Prior to the demolition of the buildings listed in Stipulation I.A, the HACA shall contact the National Park Service (NPS), Historic American Buildings Survey (HABS), to determine what level and kind of recordation is required for the property. Unless otherwise agreed to by l\'ps, HACA shall ensure that all documentation is completed and accepted by HABS prior to the demolition. Copies of the documentation, to include original photographs, will also be provided to the Georgia SHPO and appropriate local archives designated by the Georgia SllPO. C. Phases II, IIA, and III demolition activities proposed for Clark Howell Homes shall not be initiated until HACA has received additional funding from HUD and has notified the Council and Georgia SHPO accordingly. D. Prior to the initiation of demolition activities scheduled for all phases of the Techwood/Ciark Howell HOPE VI- URD Project, HACA shall develop a detailed demolition/construction/archeological monitoring plan which outlines measures that will be taken during site preparation, demolition, and new construction to allow implementation of the archeological survey, testing, and treatment program set forth in the research design required in Stipulation VILA HACA shall forward this plan to the Georgia SHPO for review and approval. The Georgia SHPO shall provide written comments to HACA within 30 days after receipt of adequate documentation. II. INTERPRETIVE EXHIBIT A HACA shall consult with the Georgia SHPO, local historical organizations, and the resident association regarding the development of an interpretive exhibit on the National and local significance oftechwood Homes in the development and planning of public housing. I. The interpretive exhibit shall be located in the "L-Shaped Apartment Building" once the rehabilitation activities proposed for this property are completed.

3 3 2. The interpretive exhibit will include the copies of the HABS documentation, historical documents on Techwood, oral histories from residents, historians, HUD and local officials, etc., and photographs commemorating the cultural traditions within the community, and a summary of the final archeological report prepared in accordance with Stipulation VILE. 3. An educational handbook based upon the interpretive exhibit shall be developed to provide an historical overview of the importance and role oftechwood Homes in the Nation, City, and Downtown Atlanta. The handbook should be used as a primer on Techwood Homes by schools, community groups, and local preservation organizations. 4. The scope-of-work for the proposed interpretive exhibit and educational manual shall be submitted to the Georgia SHPO for review and approval and discussed with the Atlanta Board of Education. B. HACA shall notify the Atlanta School Board, local historical organizations, preservationists, and Downtown Civic associations about the existence of the Techwood Homes interpretive exhibit and manual when complete. III. REHABILITATION A. HACA, in consultation with the Georgia SHPO, shall evaluate options for the reuse of the entire L-Shaped" Apartment Building, the Anne Wallace Branch Carnegie Library, and the Clark Howell Community Center for support service facilities and a museum associated with the Techwood/Ciark Howell HOPE VI - URD Project. HACA shall invite resident tenants associations to participate in these discussions. B. HACA shall ensure that all rehabilitation activities proposed for the "L-Shaped" Apartment Building, the Anne Wallace Branch Carnegie Library, and the Clark Howell Community Center are developed to be sensitive to the historic and architectural qualities of each building and adhere to the recommended approaches in The Secretary oflnterior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Standards). C. HACA shall forward preliminary plans and specifications for the rehabilitation of the "L Shaped" Apartment Building, the Anne Wallace Branch Carnegie Library, and the Clark Howell Community Center to the Georgia SHPO for review and comment. Should the Georgia SHPO determine that the proposed plans and specifications for rehabilitation of these properties do not adhere to the Standards, HACA shall consult with the Georgia SHPO and modify the plans, as appropriate, to avoid adverse effects to the properties. D. HACA shall forward final plans and specifications to the Georgia SHPO for review and approval. The Georgia SHPO shall provide written comments to HACA within 30 days after

4 4 receipt of final plans and specifications. Should the Georgia SHPO object to the final plans and specifications, HACA shall notify HUD accordingly, and HUD shall initiate the dispute resolution process set forth in Stipulation XI. E. Within 30-days of execution of this Memorandum of Agreement and pending HACA's acquisition of the Anne Wallace Branch Carnegie Library from the City, HACA shall coordinate with the City to ensure that appropriate measures are taken by the City or HACA to secure and protect this property pending its rehabilitation. HACA shall notify the Georgia SHPO by June 15, 1995, of actions taken to secure and protect the library. F. In the event that HACA sells or enters into a lease agreement with another entity for the reuse of the "L-Shaped" Apartment Building, the Anne Wallace Branch Carnegie Library, and/or the Clark Howell Community Center, HACA shall include appropriate preservation covenants to ensure that the buildings will be preserved, rehabilitated, and maintained in accordance with the Standards and that plans and specifications for all activities will be submitted to the Georgia SHPO for review and approval. IV. NEW CONSTRUCTION A. HACA shall ensure that the design of the new construction proposed as part of the Techwood/Ciark Howell Homes HOPE VI - URD Project is compatible with the historic and architectural qualities of adjacent historic properties and is responsive to the recommended approaches in the Standards, as it relates to new construction. B. HACA shall consult with the Georgia SHPO to develop design guidelines to assist in the development schematic drawings and plans for new construction. The design guidelines shall address the siting of buildings, setbacks, massing, architectural features, materials, landscape plans, site improvements, and parking. C. HACA shall prepare the design guidelines by June 30, 1995, and forward copies to the Georgia SHPO, the Atlanta Urban Design Commission, and other interested parties for review and comment. The Georgia SHPO shall review the comments from the Atlanta Urban Design Commission and other interested parties and provide written comments to HACA within 30-days following receipt of adequate documentation. Should the Georgia SHPO object to the design guidelines, HACA shall notify HUD accordingly, and HUD shall initiate the dispute resolution process set forth in Stipulation XI. D. HACA shall submit preliminary plans and specifications for the new construction to the Georgia SHPO for review and comment. Plans shall be submitted at 50% completion and at the working drawings stage. To the extent feasible, HACA shall modify the plans to incorporate modifications recommended by the Georgia SHPO.

5 5 V. DEVELOPMENT OF A LANDSCAPING PLAN A. Prior to the removal of original trees within Techwood Homes and Clark Howell Homes, HACA shall submit a comprehensive landscaping plan which outlines measures HACA will take to preserve the maximum number of original trees and landscape elements and outline new landscape features to be added. At a minimum, the plan shall include, the following: I. a map which shows the location of all mature trees within Techwood Homes and Clark Howell Homes and significant landscape elements, i.e. walls, fences, etc.; 2. the proposed treatment of each tree and landscape element--removal, preservationbased upon the proposed site plan for the Techwood/Clark Howell Homes HOPE VI URD Project; 3. an analysis of options which would preserve a larger percentage of the trees and landscape elements and explanation why the option(s) were determined infeasible; and, 4. the location and type of replacement trees and new landscape elements that are proposed for the Techwood/Clark Howell Homes HOPE VI - URD Project. B. HACA shall submit the landscaping plan to the Georgia SHPO for review and comment. The Georgia SHPO shall provide HACA with written comments within 15-days following receipt of adequate information. Should the Georgia SHPO object to the final plans and specifications, HACA shall notify HUD accordingly, and HUD shall initiate the dispute resolution process set forth in Stipulation XI. VI. TRANSFER OF PROPERTY FOR THE NEW FOWLER SCHOOL A. HACA shall transfer land to the Atlanta Board of Education for the construction of the new Fowler School. The transfer agreement will require the Atlanta Board of Education to: I. design the new school in a manner that is compatible with adjacent historic properties and the design guidelines set forth in Stipulation IVB; and, 2. submit schematic, preliminary, and final plans to the Georgia SHPO for review and approval. 13. Should the Georgia SHPO object to the final plans and specifications, the Atlanta Board of Education shall notify HACA and HUD accordingly, and HUD shall initiate the dispute resolution process set forth in Stipulation XI.

6 6 VII. ARCHEOLOGY RESEARCH DESIGN.<\. Development of the Research Design I. HACA shall develop and implement a comprehensive research design for the identification, evaluation, and treatment of archeological resources within the Techwood/Clark Howell Homes project area which is consistent with Archeology and Historic Preservation: Secretary oflnterior's Standards and Guidelines and State guidelines The research design shall be based upon the preliminary findings regarding research potential and sensitivity in the Techwood/Clark Howell Urban Revitalization Tract Archeological Potential and Historic Land Use (Brockington and Associates, Inc., 1995), as revised to address recommendations from the Georgia SHPO. 2. The research design shall be completed by June 16, 1995, and submitted to the Georgia SHPO for review and approval. Pending approval of the research design, HACA shall obtain the approval of the Georgia SHPO regarding the appropriate methodology for coordinating demolition, site preparation, and construction activities with archeological investigations in accordance with Stipulation I.D. a. Once the research design is approved by the Georgia SHPO, HACA shall coordinate demolition, site preparation, and construction activities in a manner that allows maximum exposure of the areas to be tested at the earliest possible date. b. HACA shall provide the Georgia SHPO with a project schedule that includes dates, plans, and timing related to phasing archeological investigations with project activities so that the Georgia SHPO can better anticipate review requirements and thereby provide timely advice. 3. HACA shall submit a report to the Georgia SHPO detailing the results of all field testing and recommending further testing and treatment. HACA shall evaluate properties identified through the survey to determine whether they are eligible for listing in the National Register of Historic Places a. IfHACA, and the Georgia SHPO agree that the site does not meet the National Register criteria, no further action is required. b. IfHACA and the Georgia SHPO agree that the site does meet the National Register criteria, the site shall be treated in accordance with treatment plans set forth in the approved research design, to include avoidance, in-place preservation, and data recovery.

7 7 l. HACA shall immediately (within 24 hours following the discovery) notify I-IUD, the Council, and the Georgia SHPO if human remains and grave-associated artifacts are discovered during archeological investigations at Techwood/Ciark Howell Homes. 2. HACA shall develop and implement a plan, in consultation with the Georgia SHPO, which includes the process of notifying affiliated Native Americans or other groups and the proposed treatment of human remains. No activities which might disturb or damage the remains shall be conducted until all parties have determined whether further excavation is necessary and/or desirable. The plan shall adhere to the guidance outlined in the NPS Publication, National Register Bulletin No. 41, Guidelines for Evaluating and Registering Cemeteries and Burial Places (1992) and State of Georgia guidelines on the treatment of human remains. C. Professional Standards D. Curation E. Reports HACA shall ensure that all archeology carried out pursuant to this Memorandum of Agreement is conducted by or under the direct supervision of a person or persons meeting at a minimum the Secretary of the Interior's Professional Qualifications Standards (48 FR ). HACA shall develop and implement, in consultation with the Georgia SHPO and in accordance with 36 CFR Part 79, a plan for the analysis of and curation of material and records resulting from data recovery at the Techwood/Clark Howell Homes by an institution acceptable to the Georgia SHPO in accordance with 36 CFRPart 79. All materials resulting from data recovery shall be maintained by such institution until their analysis is complete. 1. HACA, in consultation with I-IUD, shall ensure that all final archeological reports resulting from actions pursuant to Stipulation VII. will be provided to the Georgia SHPO, the Council, and interested parties and submitted to the National Technical Information Service (NTIS). 2. HACA, in consultation with the Georgia SHPO, shall ensure that all such reports are responsive to contemporary professional standards, to the Department ofrnterior's Format Standards for Final Reports of Data Recovery Program (42 FR ) and the Georgia SHPO guidelines. A draft final report shall be submitted to the Georgia SHPO for review and approval. The Georgia SHPO shall provide written comments within 30 days.

8 8 3. HACA shall ensure that the contract archaeologists prepares public information materials based upon the tina! report that include an I 0-12 page pamphlet and/or display on archeology at Techwood Homes and Clark Howell Homes for all identified archeological sites that are determined eligible for listing in the National Register. This document shall be submitted to the Georgia SHPO for review and approval and made a part of the interpretive exhibit referenced in Stipulation IL Vm. SITE PREPARATION & INFRASTRUCTURE ACTIVITIES HACA shall initiate site preparation activities within the Techwood/Clark Howell Homes project area, to include remediation of hazardous materials in historic buildings and infrastructure development, upon execution of the this Memorandum of Agreement provided that such activities do not prevent HACA and HUD from fulfilling the terms of this Agreement IX. RELATED ACTIVITIES FOR TECHWOOD/CLARK HOWELL HOMES A. Should HUD, the State of Georgia, the City of Atlanta, or other Federal agencies provide financial assistance to HACA for project activities located within the Techwood/Clark Howell Homes HOPE VI- URD Project area or proposed activities related to this undertaking, i.e. sewer improvements, street improvements, they may satisfy their Section 106 compliance responsibilities by accepting the terms of this Memorandum of Agreement and notifying the Georgia SHPO and Council accordingly. B. IfHUD, the State of Georgia, the City of Atlanta, or Federal agencies determine that they cannot accept the terms of this Memorandum of Agreement, they must comply with the requirements of 36 CFR Part 800 prior to allocating financial assistance to HACA or initiating project activities associated with the Techwood/Clark Howell Homes HOPE VI URD Project X. OFF-SITE AND SCATTERED SITE REPLACEMENT HOUSING A. HUD, in consultation with HACA, shall provide the Georgia SHPO with the location and opinion regarding National Register eligibility of all sites optioned for new construction as part of HACA's one-for-one replacement program for Tech wood/clark Howell Homes as soon as this information is available. l. IfHUD and HACA determine, and the Georgia SHPO concurs, that the area of potential effects of the project site for new construction includes properties listed on or eligible for listing on the National Register of Historic Places, HUD and HACA shall consult with the Georgia SHPO to develop the preliminary plans and specifications. 2. The design of new construction shall adhere to the recommended approaches in the Standards, as it relates to new construction, and be responsive to the historical and architectural character of adjacent historic properties. HACA shall submit preliminary plans and specifications to the Georgia SHPO for review and comment

9 9 B. HUD, in consultation with HACA, shall provide the Georgia SHPO with the location and opinion regarding National Register eligibility of all scattered site housing proposed for existing properties upon acquiring control of each property for HACA's one-for-one replacement program for Techwood/Ciark Howell Homes. 1. If a property is located within a historic district listed on or eligible for listing on the National Register, all rehabilitation activities shall adhere to the recommended approaches in the Standards, including lead based paint abatement C. Final plans and specifications for all one-for-one replacement housing that involves or is adjacent to historic properties shall be submitted to the Georgia SIIPO for review and approval prior to the initiation of project activities. The Georgia SHPO shall provide written comments to HACA within 30 days after receipt of final plans and specifications. Should the Georgia SHPO object to the final plans and specifications, HACA shall notify HUD accordingly, and HUD shall initiate the dispute resolution process set forth in Stipulation XI. XI. DISPUTE RESOLUTION Should the Georgia SHPO object within 30 days to any of the plans and documents required pursuant to the terms of this Memorandum of Agreement for the Techwood/Ciark Howell Homes HOPE VI - URD Project, HUD and HACA shall consult with the Georgia SHPO to resolve the objection. IfHUD and HACA determine that the objection cannot be resolved, HUD shall forward all documentation relevant to the dispute to the CounciL Within 30 days after receipt of pertinent documentation, the Council will provide HUD with recommendations which HUD and HACA will take into account in reaching a final decision regarding the dispute. HUD and HACA remain responsible for carrying out all activities set forth in the Memorandum of Agreement that are not the subject of the dispute. XII. MONITORING HACA shall provide a semi-annual report to the signatories to the Agreement which summarizes project activities carried out under the terms of this Memorandum of Agreement The first report shall be submitted by December I, 1995, and subsequent reports every December and June thereafter until the project is completed or December 2000, whichever comes first XIII. AMENDMENTS A Should HUD and/or HACA determine that they cannot fulfill the terms of the Agreement, or if activities are proposed which were not previously included in the Techwood/Ciark Howell Homes HOPE VI - URD Project, HUD shall notify the Council and the Georgia SHPO and request an amendment to the Agreement as set forth in 36 CFR Section 800.5(e)(5) of the Council's regulations.

10 10 B. A11y of the other parties to this Memorandum of Agreement may also request that it be amended, whereupon the pat1ics will consult to consider such amendment. Execution and implementation of this Memorandum of Agreement evidences that the U.S. Department of Housing and Urban Development has afforded the Council a reasonable opportunity to comment on the Techwood/Clark Howell Homes HOPE VI - URD Project and its effects on historic propet1ies, and that U.S. Department off-lousing and Urban Development has taken into account the effects of the undertakings on historic properties.

11 11.\DVJSORY COUNCIL ON HISTORIC PRESERVATION /J. ' '. J/,. j/ 7 /3.' J.... By.!'I.- ' I '-, Executive bii'ector - -~ ~-' ~~-_,; Date: ') - ( c;....- ~1-- r./ ' US. DEPARTMENT OF ti,ousing AND URBAN DEVELOPMENT I I /' - I By: I c A?.~-~, r./ L.>--< "-~ Date: ;uta-, Secretar'y j... 1 /~. GEORGIA STATE HISTORIC PRESERVATION OFFICE /i [; I J (i f'' >) ' By - 11\!1 (,{,(}.,( 1\ '1.fMla:clb- Date State Historic Preservation Officer Concur: THE CITY OF ATLANTA, GEORGIA a., ~~-" -~.., ~tr ;,,:{r TECHWOOD/CLARK HOWELL RESIDENT ASSOCIATION By President. -'I/ / DateA "7 I"!; ( 'I 7J,---