Brooklyn Developmental Center Mixed-Use Project EIS Empire State Development
Chapter 2: LAND USE, ZONING, AND PUBLIC POLICY
2.1 Introduction
Land use refers to the activity that is occurring on land and within structures that occupy it. According to the City Environmental Quality Review (“CEQR”) Technical Manual, a land use analysis evaluates the uses and development trends in the area that may be affected by a Proposed Project and determines whether the Proposed Project is compatible with those conditions or may affect them. This analysis also considers the Proposed Project’s consistency with, and effect on, the area’s zoning and other applicable public policies. Types of land uses include residential, commercial, light manufacturing, community facilities/institutional, vacant land, and parkland/open space. Zoning regulations control use, density, and bulk of development throughout the City. Public policies are those adopted policies, other than zoning, that can affect or define land use, which for the Project Site and vicinity include economic development zones, such as New York State “Empire Zones,” and New York City Urban Renewal Planning Areas. The Fresh Creek Urban Renewal Area (“FCURA”) and Fresh Creek Urban Renewal Plan, as amended in 1982, 1996, and 2008 (“FCURP”) that guides development within most of the FCURA, are especially pertinent to the Proposed Project, as these public policies have defined the context within which the Proposed Project would occur. The CEQR Technical Manual also includes guidance for the consideration of waterfront revitalization planning policy, which includes the New York State Department of State Coastal Management Plan and the New York City Waterfront Revitalization Plan, for the purpose of assessing the Proposed Project. In addition, City sustainability and resiliency policies are considered in the analysis of land use, zoning, and public policy; these policies include both OneNYC 2050: Building a Strong and Fair City (“OneNYC”) and its predecessor, PlaNYC 2030: A Greener, Greater New York (“PlaNYC”).
This land use, zoning, and public policy assessment considers the Proposed Project as part of a context that is already largely controlled by the surrounding FCURP, thereby examining the potential effects of the Proposed Project in terms of land use compatibility and land use trends, as well as zoning and officially adopted plans and policies.
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2.2 Principal Conclusions The Proposed Project includes zoning overrides and development limited to the Project Site, and it would result in no direct changes to public policy and no direct off-site changes to land use or zoning. Further, given the implementation of the FCURP and the resultant development context of the Project Site, there is limited potential for the Proposed Project to lead, indirectly, to any off-site changes to land use or zoning; the study area consists of the former Brooklyn Developmental Center (“BDC”) campus, of which the northern and southern portions are currently being redeveloped for the Fountain Avenue Project (as part of a separate action by a different developer), areas developed or being developed pursuant to the FCURP, and designated parkland.
The Proposed Project would introduce development similar to surrounding land use types and intensity developed per the FCURP, though the Proposed Action would result in redevelopment of a substantially smaller area than the total FCURP area; the Project Site is approximately 27.1 acres compared to the approximately 227-acre area developed per the FCURP, surrounding the Project Site. The Proposed Actions’ zoning overrides would be applicable exclusively to the Project Site and implemented through ESD’s adoption of a General Project Plan (“GPP”). In addition, the Proposed Project would be consistent with relevant policies reflected in State and City laws and published policy documents. Therefore, the Proposed Project would not result in significant adverse impacts, in terms of land use, zoning, or public policy.
2.3 Methodology
STUDY AREA As the Gateway Estates II residential development is nearing completion and the Fountain Avenue Project would be complete by 2021, the area north, south, and west of the Project Site is nearly fully developed per the FCURP; the area south and east of the Project Site is designated parkland. None of these areas that fully surround the Project Site are likely to be affected by changes occurring on – and limited to – the Project Site as part of the Proposed Actions. Therefore, consistent with the CEQR Technical Manual guidance, the study area for land use, zoning, and public policy is defined to include the area within 400 feet of the Project Site, thus encompassing surrounding streetscapes and substantial portions of adjacent city blocks.
DATA SOURCES Data to support the analyses of land use, zoning, and public policy were collected from New York City Department of City Planning (“NYCDCP”) online databases, the Fountain Avenue Land Use Improvement
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and Residential Project Final Environmental Impact Statement,1 and the Federal Emergency Management Agency (“FEMA”). Data describing Land Use “existing conditions” have been field verified.
2.4 Existing Conditions
LAND USE
Project Site The Project Site comprises the central portion of the former BDC campus as described in Chapter 1, “Project Description.” (Please see Figure 2-1, “Land Use.”) The Project Site is currently developed with a series of seven institutional buildings, totaling approximately 512,000 square feet (sf). The Project Site also includes lawn area, surface parking areas, portions of paved driveways, and a perimeter wall. The institutional buildings on the Project Site range from one to two stories and contain space formerly used for residential patients, a daycare facility, and administrative operations. In recent years, the BDC has been closed to resident patients. Following this change in operations, only a small portion is utilized for administrative operations, which are expected to be moved off-site prior to disposition of the Project Site (separate from the Proposed Project).
Study Area Land uses within the study area include the former BDC campus, of which the northern and southwestern portions of Block 4586 are currently being redeveloped for the Fountain Avenue Project to facilitate new affordable housing and commercial space. A new publicly accessible landscaped thoroughfare with seating, Schroeders Walk (effectively an extension of Schroeders Avenue, which is a public street to the west), is also currently under development and separates the rest of the northern parcel of the Fountain Avenue Project that is currently under development from the Project Site.
Other land uses within the study area include residential uses north and northwest of the Project Site (north of Vandalia Avenue and west of Erskine Street); these uses are part of the Gateway Estates II residential development that consists of recently constructed one- and two-family residences and was developed pursuant to the FCURP. The remainder of the study area west of the Project Site includes part of the Gateway Center commercial area, which includes destination retail and restaurants that have been developed pursuant to the FCURP as well. Large-scale, name-brand, regional retailers of clothing
1 Fountain Avenue Land Use Improvement and Residential Project Final Environmental Impact Statement, Empire State Development, 2016.
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and housewares are among the occupants. These stores are arranged as a long series of “strip mall” style development amid a large parking area that separates them from a portion of the Gateway Estates II residential development to the north. Just outside of the study area, several chain restaurants are also present along the southern edge of this commercial area, housed in free-standing buildings with additional parking areas interconnected with the parking lots of the remainder of the Gateway Center. The Gateway Center commercial area is accessible from Erskine Street, west of the Project Site, and also from points along Gateway Drive (the western extension of Seaview Avenue, which is the southern boundary of the Project Site).
As detailed in Chapter 5, “Open Space,” Spring Creek Park is present to the east (east of Fountain Avenue), southwest (west of Erskine Avenue), and south of the Project Site (south of Seaview Avenue), and the approximately 407-acre Shirley Chisholm State Park is present to the south and southwest, south of the Belt Parkway, Gateway Drive, and the Gateway Center commercial area. The Belt Parkway is located just south of the study area, south of which are Jamaica Bay and its surroundings, which are part of the Gateway National Recreation Area, as described in Chapter 9, “Natural Resources.”
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2-4 ek g Cre Sprin Park
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Source: New York City Department of City Planning, MapPLUTO 18v2; STV Incorporated, 2021. N F i g u r e 2 - 1 0 200 400 Feet L A N D U S E
Project Site One & Two-Family Residential Industrial / Manufacturing Open Space
400-ft Study Area Multi-Family Residential Transportation / Utility Parking BDC Mixed-Use Project
Under Construction Mixed Use Public Facilities / Institutions Vacant Land
Commercial / Office
To be acquired by ESD. Not to be developed as part of the proposed project. Brooklyn Developmental Center Mixed-Use Project EIS Empire State Development
ZONING
Project Site The Project Site is mapped with an R3-2 residence zoning district that is limited to Block 4586, including the two under-construction parcels that comprise the Fountain Avenue Project. (Please refer to Figure 2-2, “Zoning.”) This general residence district, which is widely mapped in south Brooklyn, allows a variety of housing types and allows community facilities as-of-right.
Study Area The zoning that dominates the study area surrounding the Project Site anticipates the Gateway Estates II residential development, having been devised as part of the FCURP to facilitate this development. The R6 medium-density residence zoning district is mapped over residential areas directly north of the Project Site and to the areas west and northwest that are currently under construction as part of the Gateway Estates II residential development. A C2-4 commercial overlay district is mapped over a small portion of the R6 residence district north of the Project Site (the portion of block frontage on Fountain Avenue north of Vandalia Avenue). A C2-4 commercial overlay district is also mapped west of Erskine Street just south of Vandalia Avenue atop the R6 district. C2-4 commercial overlays allow for local retail uses.
The remainder of the study area west of Erskine Street and the Project Site, which is developed with retail commercial uses, restaurants, and associated parking lots, is zoned C4-2, pursuant to the FCURP. C4 zones are typically mapped in regional commercial centers located outside central business districts. The study area east of Fountain Avenue (east of the Project Site), is mapped parkland – Spring Creek Park.
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2-6 E F G P O L V S I R A D R N H N A A E B E E N M R E T R T R S T L R4 O I
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Source: New York City Department of City Planning, NYC GIS Zoning Features, 2019; STV Incorporated, 2021. N F i g u r e 2 - 2 0 200 400 Feet Z O N I N G
Project Site Zoning District Park BDC Mixed-Use Project 400-ft Study Area Commercial Overlay (C2-4)
To be acquired by ESD. Not to be developed as part of the proposed project. Brooklyn Developmental Center Mixed-Use Project EIS Empire State Development
PUBLIC POLICY A review of public policy provides the opportunity to determine where policies affecting land use and development may result in anticipated changes on or in the vicinity of the Project Site, or to determine whether changes to the Project Site with the Proposed Actions would be consistent with such policies.
Urban Renewal Planning Areas Urban Renewal Plans are promulgated by the New York City Department of Housing Preservation and Development (“NYCHPD”). The Project Site and all of the study area, except for the portion of Spring Creek Park to the east of Fountain Avenue and south of Seaview Avenue, are located within the mapped boundary of the FCURA, which extends from approximately Flatlands Avenue at its northern edge, south to Shore Parkway, east to Fountain Avenue, and west to Schenck Avenue and Hendrix Creek (see Figure 2-3, “Urban Renewal Area and Empire Development Zones”). However, the Project Site, itself, is not part of the FCURA, as it is part of an “Exempt Parcel.” The FCURA was established in 1967 by the City; NYCHPD was charged with implementing the provisions of the FCURP, which generally sought to eliminate blight and maximize appropriate land use, including providing new housing and community facilities as part of a comprehensive plan for the area.
The BDC, including the Project Site, and its adjacent streets were constructed in 1972, when the FCURA remained otherwise largely vacant. The FCURP was first amended in 1982 to allow construction of a satellite communications facility in the northeast corner of the URA (the site was then redeveloped for retail uses), and then again in 1996 to facilitate the first phase of the Gateway Estates development, a mixed-use development with up to 2,385 units of affordable housing and 643,000 square feet of regional retail. In 2008, the FCURP was revised for a third time to facilitate the second phase of Gateway Estates, the Gateway Estates II residential development, a project that expanded the existing regional retail center by 620,000 square feet. (The Gateway Estates II residential development is currently nearing completion2). The city block on which the Project Site is located was designated as an Exempt Parcel in the second and third amended FCURP, meaning that notwithstanding that the city block (including the Project Site) was located within the mapped boundary of the FCURA, it was not included as an Acquisition Parcel and therefore not officially part of the FCURA. The FCURP, as modified over the years, facilitated the large-scale retail, residential uses, and community facilities that comprise the existing (and future) context surrounding the BDC and the Project Site.
2 Gateway Estates II Final Environmental Impact Statement; New York City Department of Housing Preservation and Development, Lead Agency, February 4, 2009.
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2-8 V A EY NL TA G S R S A H
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Source: New York City Department of City Planning, NYC GIS Zoning Features, 2019; STV Incorporated, 2021. N F i g u r e 2 - 3 0 400 800 Feet U R B A N R E N E W A L A R E A A N D E M P I R E Z O N E S Project Site East New York Empire Zone BDC Mixed-Use Project Fresh Creek Urban Renewal Plan Parks & Open Space Fresh Creek Urban Renewal Area To be acquired by ESD. Not to be developed as part of the proposed project. Brooklyn Developmental Center Mixed-Use Project EIS Empire State Development
East New York Empire Zone According to NYCDCP’s zoning database,3 the Project Site and study area are not part of a designated Business Improvement District or Federal Empowerment Zone, though a portion of the East New York Empire Zone applies to the established Gateway Center commercial area west of the Project Site along Gateway Drive (see Figure 2-3, “Urban Renewal Area and Empire Zones”). Another portion of the East New York Empire Zone applies to the southern portion of the block north of the Project Site and extends to cover areas around and to the south of Flatlands Avenue, north of the study area. New York State Empire Zones were designated pursuant to Article 18-B of the General Municipal Law, accepting new entrants until 2010. These zones are intended to encourage economic development within the designated areas by offering incentives to certified companies that include real property, sales, and tax credits, as well as utility discounts.
Waterfront Revitalization Program The 1992 Plan for the Brooklyn Waterfront, prepared by NYCDCP as part of New York City’s Waterfront Plan and issued about the same time, references the Jamaica Bay waterfront study area, or “reach,” which includes Jamaica Bay. Its creeks, wetlands, and barrier beaches represent an intact ecosystem that is considered to be one of the City’s most valuable waterfront resources. NYCDCP has since issued a new plan for the waterfront, Vision 2020: New York City Comprehensive Waterfront Plan (2011) and refers to Reach 17, Jamaica Bay/Rockaway, which includes the Project Site. The 2011 plan designates Jamaica Bay as one of the three Special Natural Waterfront Areas where preservation of natural coastal resources is a paramount goal. Its development and land use policy goals for the vicinity of the Project Site, between Spring Creek Park to the east and Hendrix Creek to the west (west of the Gateway Estates II residential development), include the preservation and promotion of public awareness for its ecosystems, roadway improvements, increased pedestrian access, and continued monitoring of the nearby former Pennsylvania and Fountain Avenue landfills.
As illustrated on Figure 2-4, “Coastal Zone,” the Project Site and the entire study area are located within the designated coastal zone, which extends inland from Jamaica Bay to approximately two blocks north of Flatlands Avenue, in the vicinity of the Project Site, and further inland to Linden Boulevard in areas east of Fountain Avenue. As such, the Project Site is subject to the New York State Department of State’s (“NYSDOS”) Coastal Management Program and New York City Department of City Planning’s (“NYCDCP”) Waterfront Revitalization Program. NYSDOS’s Coastal Management Program ensures that state actions are consistent with policies for the state's coastal areas and inland waterways. The Waterfront Revitalization Program is the City’s principal coastal zone management tool. Proposed state
3 “ZoLa,” https://zola.planning.nyc.gov/, accessed July 15, 2020.
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discretionary actions that are situated within New York City’s designated Coastal Zone Boundary must be reviewed and assessed for their consistency with the Waterfront Revitalization Program. The Waterfront Revitalization Program contains 10 major policies, each with several objectives focused on the following: improving public access to the waterfront; reducing damage from flooding and other water-related disasters; protecting water quality, sensitive habitats (such as wetlands), and the aquatic ecosystem; reusing abandoned waterfront structures; and promoting development with appropriate land uses.
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2-11 QUEENS 8
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Source: New York City Department of City Planning, 2019; STV Incorporated, 2021. N F i g u r e 2 - 4 0 400 800 Feet C O A S T A L Z O N E
BDC Mixed-Use Project
Project Site 400-ft Study Area Coastal Zone
To be acquired by ESD. Not to be developed as part of the proposed project. Brooklyn Developmental Center Mixed-Use Project EIS Empire State Development
Built to Lead In 2016, the State of New York released Built to Lead,4 which includes proposals and initiatives for New York City related to education, the environment, public safety, and economic justice. A proposal included within the economic justice initiative is the $10 Billion Affordable Housing Program. Through this proposal, the governor proposes “House NY 2020,” a new $10 billion, five-year affordable housing plan that will create and preserve 100,000 units across the state. The plan will build and preserve affordable housing units and individual homes; make home ownership affordable for first-time buyers; increase investments in the revitalization of our communities; promote housing choice opportunities for all New Yorkers; revamp services in ways that better serve clients including New Yorkers seeking affordable housing; and directly support permanent housing programs for those struggling with homelessness.
Housing New York On May 5th, 2014, the City released Housing New York: A Five-Borough, Ten-Year Plan to build and preserve 200,000 units of affordable housing throughout New York City. Housing New York lays out a blueprint for preserving and constructing affordable housing; fostering thriving and inclusive neighborhoods; and creating stable and caring environments for homeless individuals, seniors, and others who have special needs. The housing plan builds upon ideas for new programs or improvements of existing programs proposed by industry leaders, advocates, and experts. The plan outlines more than 50 initiatives to support the goal of building or preserving 200,000 units of high-quality affordable housing to meet the needs of more than 500,000 people. These initiatives follow five guiding policies and principles: fostering diverse, livable neighborhoods; preserving the affordability and quality of the existing housing stock; building new affordable housing for all New Yorkers; promoting homeless, senior, supportive, and accessible housing; and refining City financing tools and expanding funding sources for affordable housing. In November 2017, the City released Housing New York 2.0, an extended plan to accelerate the creation and preservation of 200,000 affordable homes two years ahead of schedule, by 2022, and reach a new goal of 300,000 homes by 2026.
NYC Strategic Zones The Project Site is located within a NYC Strategic Zone. The City University of New York (“CUNY”) began working with the United States Department of Energy, New York State Energy Research and Development Authority (“NYSERDA”), Con Edison, the NYC Department of Buildings, and other stakeholders in 2009 to identify areas where installing solar panels would provide the greatest benefits
4https://www.ny.gov/programs/2016-state-state-and-budget-address, accessed March 26, 2020
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to the city’s electric distribution system. Strategic Zones were identified where solar generation would be the most viable and beneficial from a technical standpoint. The zones were designed to reduce peak electricity demand and the associated pollution from power plants that operate when demand is at its highest, while also potentially deferring or eliminating the need for costly upgrades to the electrical system.
MillionTreesNYC The study area is partially located within one of the six citywide Trees for Public Health (“TPH”) neighborhoods established by New York City Department of Parks and Recreation (“NYCDPR”). These neighborhoods are identified as neighborhoods with the greatest need for trees because they have fewer than average street trees and higher than average rates of asthma among young people. It is believed that additional trees in these neighborhoods will reduce the pollutants that trigger respiratory disorders and contribute to healthier living standards. As part of the TPH designation, NYCDPR developed an urban forestry management plan for the neighborhood which aims to increase the urban tree canopy.
New York City Local Law 97 New York City Local Law 97 was enacted by the City of New York in 2019 and sets carbon emission caps for energy use in buildings greater than 25,000 sf. The caps will take effect in 2024 and additional limits on carbon emissions will be implemented by 2030. A new Office of Building Energy and Emissions Performance at the New York City Department of Buildings will oversee the implementation and enforcement of the legislation. Energy credits, emissions offsets, as well as provisions for affordable housing and financial hardship will be available to developers and property owners to assist in compliance. Penalties will be applied to non-complying buildings.
New York State Climate Leadership and Community Protection Act The Climate Leadership and Community Protection Act (Climate Act), passed in July 2019, requires New York State to reduce economy-wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels. The law creates a Climate Action Council charged with developing a scoping plan of recommendations to meet these targets and place New York on a path toward carbon neutrality. To reach the target of net zero emissions, the Climate Act allows for any remaining emissions beyond 85 percent to either be directly reduced or offset through projects that remove greenhouse gases from the atmosphere.
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Vital Brooklyn Initiative The Vital Brooklyn initiative is a New York State community development program for underserved neighborhoods in Central Brooklyn that invests in eight integrated areas of improvement: open space and recreation; healthy food; education; economic empowerment; community-based violence prevention; community-based health care; affordable housing; and resiliency. Central Brooklyn is one of the most vulnerable areas in New York State with measurably higher rates of obesity, diabetes and high blood pressure; limited access to healthy foods or opportunities for physical activity; high rates of violence and crime; wide economic disparities due to unemployment and high poverty levels; and inadequate access to high quality health care and mental health services. The Vital Brooklyn initiative has included the construction of the 407-acre Shirley Chisholm State Park and the Fountain Avenue Project currently under development. The program is now entering its second phase which, as proposed, will result in the investment of $700 million for community-based healthcare, $563 million for affordable housing, and $140 million for open space and other programming. The Proposed Project has been designed to respond to the Vital Brooklyn initiative.
PlaNYC 2030: A Greener, Greater New York PlaNYC 2030: A Greener, Greater New York (“PlaNYC”) represents a comprehensive and integrated approach to planning for New York City. PlaNYC includes policies to address three key challenges that the City will face over the next twenty years:
• Population growth, • Aging infrastructure, and • Global climate change.
Following Hurricane Sandy in October 2012, PlaNYC was updated to include a $20 billion plan that includes 250 initiatives related to coastal protection, buildings, insurance, utilities, healthcare, transportation, parks, and water resources.
OneNYC 2050: Building a Strong and Fair City (“OneNYC”) In addition to the PlaNYC policy, which is referenced in the 2014 CEQR Technical Manual, the New York City Council has since adopted One New York: The Plan for a Strong and Just City5, which was updated in
5 One New York: The Plan for a Strong and Just City. April 2015. The City of New York. http://www.nyc.gov/html/ onenyc/downloads/pdf/publications/OneNYC.pdf
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2019 and released as OneNYC 2050: Building a Strong and Fair City6 (“OneNYC”). OneNYC develops the goals outlined by the previous PlaNYC.7,8
OneNYC is a comprehensive plan to create a sustainable and resilient city; it retains the primary goals of PlaNYC at its core, including issues of growth, sustainability, and resiliency, with an added focus on addressing issues associated with inequality and public involvement, as well as updated strategies to address the challenges associated with climate change. OneNYC sets goals and outlines new initiatives under the organization of eight themes: a vibrant democracy, an inclusive economy, thriving neighborhoods, healthy lives, equity and excellence in education, a livable climate, efficient mobility, and modern infrastructure.
To achieve these goals OneNYC outlines 30 initiatives to address growing unaffordability, economic insecurity, inequity, and the existential threats posed by climate change, decaying infrastructure, and rising global intolerance. In the long-term, this plan is intended to move New York City towards a future in which New York City is carbon neutral by 2050, New York City is a climate change leader, congestion pricing is implemented in Manhattan, streets are reclaimed for the needs of the public, healthcare is guaranteed, the opioid epidemic is ended, access to government-issued photo identification cards for New York City residents (IDNYC) is expanded, working New Yorkers are supported, tenants are protected from displacement, and New York City’s financial stability is secured.
Smart Growth Public Infrastructure Policy Act The New York State Smart Growth Public Infrastructure Policy Act (“SGPIPA”) is an amendment to the Environmental Conservation Law intended to minimize the unnecessary cost of sprawl development. The policy became law in August of 2010 and took effect September 2010. The policy requires state infrastructure agencies, such as ESD, to undertake a consistency evaluation and attestation using the 11 Smart Growth criteria specified in the Act before approving a project. The criteria are as follows:
• Advance projects for the use, maintenance or improvement of existing infrastructure; • Advance projects located in municipal centers; • Advance projects in developed areas or areas designated for concentrated infill development in a municipally approved comprehensive land use plan, local waterfront revitalization plan and/or brownfield opportunity area plan;
6 OneNYC 2050: Building a Fair and Strong City. April 2019. The City of New York. http://1w3f31pzvdm485dou3dppkcq.wpengine.netdna- cdn.com/wp-content/uploads/2020/01/OneNYC-2050-Full-Report-1.3.pdf 7 Note that the CEQR Technical Manual references PlaNYC, rather than the subsequent OneNYC, though OneNYC is considered the mayoral policy currently in effect for the purposes of this EIS. 8 Although a detailed assessment to determine the consistency of the Proposed Actions with PlaNYC (or the subsequent OneNYC) is not warranted per the guidance of the CEQR Technical Manual, relevant portions of OneNYC are considered in this EIS as they relate to greenhouse gas emissions, as well as public policy.
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• Protect, preserve and enhance the state’s resources, including agricultural land, forests, surface and groundwater, air quality, recreation and open space, scenic areas, and significant historic and archeological resources; • Foster mixed land uses and compact development, downtown revitalization, brownfield redevelopment the enhancement of beauty in public spaces, the diversity and affordability of housing in proximity to places of employment, recreation and commercial development and the integration of all income and age groups; • Provide mobility through transportation choices including improved public transportation and reduced automobile dependency; • Coordinate between state and local government and inter-municipal and regional planning; • Participate in community-based planning and collaboration; • Ensure predictability in building and land use codes; • Promote sustainability by strengthening existing and creating new communities that reduce greenhouse gas emissions and do not compromise the needs of future generations, by among other means encouraging broad based public involvement in development and implementing a community plan and ensuring the governance structure is adequate to sustain its implementation; • Mitigate future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable.
Community Risk and Resiliency Act On September 22, 2014, the Community Risk and Resiliency Act (“CRRA”) was signed into law. CRRA is intended to ensure that decisions regarding certain state permits and expenditures consider climate risk, including sea-level rise, and requires the New York State Department of Environmental Conservation (“NYSDEC”) to adopt regulations establishing science-based state sea-level rise projections, and added these considerations to the list of criteria to be considered under the SGPIPA. Guidance documents for the implementation of CRRA have been issued by NYSDEC and offer recommendations on how to consider future physical climate risk due to sea-level rise, storm surge, and flooding when determining a suitable location and design criteria for a proposed project. The State Flood Risk Management Guidance offers recommended flood-risk management guidelines based on type of project and natural environment setting. CRRA contains five major provisions: 1. official sea level rise projections; 2. consideration of sea-level rise, storm surge, and flooding in facility siting, permitting, and funding; 3. Smart Growth Public Infrastructure Policy Act criteria; 4. model local laws concerning climate risk; and 5. guidance on natural resiliency measures.
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Official sea level rise projections are contained in 6 NYCRR Part 490, Projected Sea-Level Rise, which sets forth projections in three specified geographic regions, including the New York City/Lower Hudson Region, for the 2020s, 2050s, 2080s, and 2100s (see Table 2-1, “6 NYCRR Part 490 Projected Sea-Level Rise for New York City/Lower Hudson Region.” To account for the projected sea-level rise defined in 6 NYCRR Part 490, this EIS utilizes available projected floodplain information for the 2020s9, 2050s10, 2080s11, and 2100s12 developed by the New York City Mayor’s Office of Long-Term Planning and Sustainability, on behalf of the City University of New York (“CUNY”) Institute for Sustainable Cities and the New York Panel on Climate Change, which projections accord with the NYCRR Part 490 projections for sea-level rise.13
Table 2-1: 6 NYCRR Part 490 Projected Sea-Level Rise for New York City/Lower Hudson Region
Time Interval Low Low-Medium Medium High-Medium High 2020s 2” 4” 6” 8” 10” 2050s 8” 11” 16” 21” 30” 2080s 13” 18” 29” 39” 58” 2100s 15” 22” 36” 50” 75” Source: New York State Department of Environmental Conservation, 2020; STV, 2021.
Consideration of sea-level rise, storm surge, and flooding in facility siting, permitting, and funding is required to demonstrate that future physical climate risk due to sea-level rise, storm surge and flooding have been considered.
SGPIPA criteria were amended by CRRA to add mitigation of risk due to sea-level rise, storm surge and flooding to the list of smart-growth criteria. Implementation of SGPIPA is the responsibility of each affected infrastructure agency, but DEC, in consultation with DOS, has developed guidance for implementation of CRRA in SGPIPA assessments.
Additionally, guidance on natural resiliency measures has been developed under CRRA by DEC, in consultation with DOS.
9 Projected 2020s flood zones represent the time period for the 2020s (2020-2029). 10 Projected 2050s flood zones represent the time period for the 2050s (2050-2059). 11 Projected 2080s flood zones represent the time period for the 2080s (2080-2089). 12 Projected 2100s flood zones represent the time period for the 2100s (2100-2109). 13 New York City Panel on Climate Change 2019 Report Chapter 3: Sea Level Rise; https://nyaspubs.onlinelibrary.wiley.com/doi/10.1111/nyas.14006#:~:text=NPCC%20(2015)%20projects%20a%20mid,90th%20percentile)%20r each%2030%20in.
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2.5 The Future Without the Proposed Actions (“No Action” Conditions) In the future without the Proposed Actions, the land use conditions on the Project Site are assumed to generally resemble its current condition, except that all BDC buildings would be vacated (i.e., “mothballed”) and host no activity, as described in Chapter 1, “Project Description.” No changes to zoning on the Project Site or within the Study Area are anticipated in the future without the Proposed Actions, nor are changes expected to applicable public policies. Several developments are planned to be completed in the No Action conditions by the 2031 build year, including:
• the Fountain Avenue Project, which will provide approximately 1,169 units of affordable housing (of which 200 will be dedicated to low-income senior citizens and 234 units will be designated as supportive housing) and up to approximately 122,500 sf of commercial space across two lots on the same block as the Project Site. The expected completion date is 2021.
• the Gateway Estates II residential development, which will be completed with the construction of approximately 1,040 units of affordable housing (of which 80 will be dedicated to senior citizens), representing the full implementation of the FCURP. 14 The housing dedicated to senior citizens, known as the proposed East Brooklyn Congregation Senior Development project, will be located at 516 Schroeders Avenue and will result in the construction of a standalone 70,000 sf, seven-story building.
• the Last Mile Industrial Warehouse Project, located at 554, 578, and 553 Cozine Avenue (just outside of the study area), will result in the demolition of two industrial warehouse buildings and the construction of last-mile industrial warehouse space for e-commerce companies.
• the Innovative Urban Village, a large-scale development in East New York on a portion of the site currently occupied by the Christian Cultural Center (CCC) facility. This project is expected to contain approximately 2.4 million gross square feet (gsf) of development to be constructed in phases over 10 years with approximately 1,980,000 gsf for residential space (2,118 units of affordable housing); 82,000 gsf for retail space; 10,000 gsf of day care space; 55,000 gsf of educational/school space; a 16,500 gsf performing arts/cultural center; 170,000 gsf of structured parking for the existing CCC facility and other community facility uses; and a 15,000 gsf trade school. The existing CCC facility would also remain on the site. The Innovative Urban Village project is expected to be complete and operational by 2031.
14 Of the total 2,477 units to be developed as part of the Gateway Estates II residential development, it is estimated that 1,437 units have already been completed with a remaining 1,040 to be completed.
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Consequently, no undeveloped or substantially underdeveloped sites will remain within the study area in the future conditions without the Proposed Actions, except for the Project Site. (Please refer to Figure 2-5, “No Action Developments.”)
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2-20 V A EY NL TA G S Project Site R S A H
N E
T R
I A C D D V L R R A Last Mile OLD MIL E N Christian S L Industrial C A AV O DS V E V N A G TLA Cultural Center Warehouse N LA N A F A M T M N T I S R L O S T W F T M O O R N D
A T S A T T K U I K B N A V E S A R V E A N R A C ZI S I V S L CO H M H E E A V F P N O E H L S R A E R T D N D S D T A S Spring Creek V T W F Park A O R U W n N ei I st x T C el le A K k p I in m N S F o E e C T o ic A S M t V S le E th L A S I X T N S p S N r W T A i V E EG n Old Mill A L O P g S T D O a C N O D r Basin J A B k r E L N e T S E Berriman e R A S R Spring FL T k O T R Playground Cr M I eek B M A E R A S N B T
E E S Betts Y S T S Creek S E T Gateway Estates II X E R Island
S Old Mill S T
K
I Creek E V L N A T A E I O L A N S
D T Fountain Avenue AN S V T V Land Use AND ALI A AV Improvement and Residential Project AV V Gateway S A ER EW Estates II ED VI O EA HR S SC East Brooklyn ek Congregation re g C Senior rin rk Sp Pa Gateway Development Estates II
G Gateway A T S E Y Estates II p W W r K i A T P n Y S g N LT D I E C R A k B r T e e UN R re e O D C k F Y g A n k P ri ar a W p P r E S k T A G
V A N
S I C L E N
A V
H
e Roy A. Sweeney n Cricket Oval Shirley Chisholm d r State Park i x
C r e e k
Source: New York City Department of City Planning, NYC GIS Zoning Features, 2020; STV Incorporated, 2021. N F i g u r e 2 - 5 0 0.125 0.25 Mile NN O O - A C T I O N D E V E L O P M E N T S
Project Site Parks & Open Space BDC Mixed-Use Project No-Action Developments
To be acquired by ESD. Not to be developed as part of the proposed project. Brooklyn Developmental Center Mixed-Use Project EIS Empire State Development
2.6 The Future With the Proposed Actions (“With Action” Conditions)
LAND USE The Proposed Project would introduce new multi-family residential land use and other uses to the Project Site. As described in Chapter 1, “Project Description,” the Proposed Project would result in the development of approximately 2,475,760 sf of residential space (approximately 2,623 new units of affordable housing), approximately 143,992 sf of commercial space (neighborhood-oriented retail, supermarket, movie theater, gym, and restaurant), approximately 55,384 sf of community facility space (senior center, One Brooklyn Health Clinic, and community center), approximately 29,746 sf of light manufacturing space (vertical farming/agriculture, Meals on Wheels kitchen, and other light manufacturing), approximately 213,643 sf of parking (790 parking spaces), approximately 12,250 sf of other uses (security booth/information station, compost and biodigester, and trash collection point), and approximately 6 acres of open space (including 4 acres of publicly-accessible open space and 2 acres of private open space) by the 2031 build year. In total, the Proposed Project would introduce 21 new buildings to the Project Site.
Buildings A1, A2, and A3 would consist of residential, commercial, and parking uses; Buildings B1, B2, and B3 would consist of residential and community facility uses with accessory surface parking; Buildings C1, C2, and C3 would consist of residential, commercial, community facility, and structured parking; Buildings D1, D2, D3, E1, E2, and E3 would consist of residential uses with accessory surface parking; Building F would consist of community facility uses; Building G would consist of a security both/information station; Building H would consist of light manufacturing and restaurant uses; Building I would consist of a compost and biodigester; Building J would consist of a trash collection point; and Building K would consist of commercial and structured parking with accessory surface parking. Additionally, Building Group B, Building Group D, and Building Group E would each contain an approximately 24,000 sf interior, landscaped courtyard. Two parks would be created in the central portion of the Project Site, and an urban farm would be located at the Project Site’s southern edge, along Seaview Avenue. The majority of the development would entail a mix of studio, one-, two-, and three-bedroom apartments (see Figure 1-4, “Site Plan” in Chapter 1, “Project Description”).
The Proposed Project would result in a change to land use on the Project Site, specifically, but would effect a continuation of the land use pattern established by the FCURP (and implemented through the nearly completed Gateway Estates II residential development and the under construction Fountain
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Avenue Project) along the streetscapes adjacent to the Project Site and areas to the north, south, and west within the study area. As such, the Proposed Project would introduce a land use scheme that is in keeping with the long-term development trends occurring within the Project Study Area. The multi- family residential buildings with ground-floor commercial area would be somewhat different than the one- and two-family homes within the FCURP portion of the study area; however, the proposed higher- density mixed-use buildings would be similar to those mixed-use buildings currently under development on the northern and southwestern portions of the former BDC campus, and they would also be typical of land uses found in other areas of Brooklyn, where apartment buildings are often found alongside one- and two-family attached housing. The resultant effect, in terms of land use, would be one of consistency with the surrounding study area.
As would be the case in the future with or without the Proposed Actions, the developable area within the study area would be developed to approximately the full extent allowable by applicable zoning. Therefore, given the type of land use that would result with the Proposed Actions, as well as the conditions of the Project Site and surrounding context, the Proposed Project would not adversely affect existing land uses, nor substantially alter land use patterns or affect development trends in the vicinity of the Project Site. The Proposed Project would maximize appropriate land use on the Project Site which, with the closure of the BDC, is no longer fully utilized to support public interests. The Proposed Project would further contribute to the established residential and commercial character of surrounding areas to the north, south, and west, providing a mix of affordable housing built to high standards of design, as well as local retail, community facility, and commercial uses not already available to the surrounding residents.
Therefore, the Proposed Actions would not result in significant adverse impacts with regard to land use on the Project Site or within the study area, and no further analysis is warranted.
ZONING The Proposed Actions include an override of the Zoning Resolution of the City of New York (“Zoning Resolution”) only on the Project Site, through the adoption of the GPP. The GPP would be adopted by ESD and would govern development of the Project Site including site planning, land uses and densities, and would direct the establishment of design controls through Design Guidelines for the Proposed Project’s buildings, open space and other features. The zoning overrides would allow for project elements such as but not limited to: use; quality housing; open space; density; height, setback; parking and loading; lighting; and street tree planting; the zoning overrides would be consistent with the goals and objectives of the Proposed Project. This would allow for the Project Site, as described in Section 2.6.3.1, “Urban Renewal Areas,” to be brought into consistency with the FCURP by allowing for development that would be similar to and compatible with the surrounding residential zoning context.
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The proposed zoning overrides would result in the development on the Project Site, specifically pursuant to the GPP as described in Chapter 1, “Project Description.” The proposed zoning overrides are needed to facilitate the development of the Proposed Project, which would provide public benefits including the provision of affordable housing (supportive housing and housing for seniors), open space and job creating operations, which would support community health and wellness. Although the Proposed Actions, in effect, would result in development inconsistent with current zoning on the Project Site, the Proposed Project would not be incompatible with the surrounding zoning. Therefore, the Proposed Action would not result in significant adverse impacts related to zoning, and no further analysis is warranted.
PUBLIC POLICY The Proposed Project would be consistent with existing public policy governing the Project Site and surrounding area. Specifically, the Proposed Project would be consistent with public policy applicable to the Project Site and Study Area, as follows:
Urban Renewal Planning Areas No changes to the FCURP are expected with or without the Proposed Project; rather, the FCURP would be fully implemented through the Gateway Estates II residential development. Although the Project Site is located within the mapped boundary of the FCURA, the Project Site is part of a city block that is an “Exempt Parcel,” so the FCURP does not apply to the Project Site. Further, as the Proposed Project would not affect land use or zoning off-site, and there are no other Proposed Projects or policy actions under consideration for the Project Site and study area, the Proposed Project would not indirectly affect the applicability or implementation of the FCURP. Despite the fact that the Project Site is not subject to the FCURP, the Proposed Project would nevertheless be consistent with the following specific objectives of the FCURP:
• Redevelop the Area in a comprehensive manner, removing blight and maximizing appropriate land use. • Strengthen the tax base of the City by encouraging development and employment opportunities in the Area. • Provide new housing of high quality. • Provide appropriate community facilities, parks and recreational uses, retail shopping, public parking, and private parking. • Develop a new urban residential neighborhood with supporting local commercial, institutional, and community facility uses.
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• Develop a regional retail center with accessory parking spaces and off-street loading facilities. • Establish an overall neighborhood character and scale by controlling the location of uses and the density and height of structures. • Achieve compatible joint use by neighborhood residential, regional retail, park, and institutional uses.15
The Project Site would be developed in a manner that is consistent with recent public redevelopment initiatives implemented through the Gateway Estates II residential development pursuant to the FCURP. Consistent with the FCURP, the Proposed Project would provide social and economic benefits for the Spring Creek community, the Borough of Brooklyn, and the City as a whole. Specifically, 100 percent of residential units developed as part of the Proposed Project would be income-restricted, with most of the units affordable to households earning between 30 and 80 percent of the area median income (“AMI”), matching the current incomes of neighborhood residents,16 of which approximately 503 units would be dedicated to supportive housing and approximately 231 units would be dedicated to senior citizens. Therefore, the Proposed Action would be consistent with the FCURP and FCURA.
Waterfront Revitalization Program The Project Site is located within the delineated Coastal Zone, and so the consistency of the Proposed Action with NYSDOS Coastal Management Program is determined through the Coastal Assessment Form and consistency with NYCDCP’s Waterfront Revitalization Program is determined through the Consistency Assessment Form (see Appendix A). As the Proposed Project would introduce appropriate development in the coastal zone and integrate the best available projections of sea level rise into its design, it would be consistent with both city and state policies. Further, the Proposed Action would be consistent with the Jamaica Bay Watershed Protection Plan, as described in Chapter 9, “Natural Resources.” Therefore, the Proposed Action would be consistent with applicable waterfront policy.
East New York Empire Zone The Empire Zone program has been closed to new participants since 2010; however, current members may continue to apply for and receive benefits. The Proposed Project would not interfere with the tax
15 Third Amended Urban Renewal Plan Fresh Creek Urban Renewal Area, NYC HPD, August 2008, https://www1.nyc.gov/assets/hpd/downloads/pdfs/services/fresh-creek-third-amended-urp-first-minor-change.pdf, accessed September 22, 2020.
16 As indicated in Chapter 3, “Socioeconomics,” approximately 44 percent of households in the study area had an average household income of less than $50,000, thus potentially qualifying for residence within the new housing stock introduced with the Proposed Actions, since that income is less than 80 percent of AMI for any household size. Nearly 61 percent of the study area households have household incomes of less than $75,000, which is less than the maximum qualifying rent (80 percent AMI) for a family of four in the new housing stock introduced with the Proposed Actions. Additionally, 71 percent of the study area households have household incomes less than $100,000, which although slightly higher than the 80 percent of AMI threshold for a family of four ($90,960), captures additional residents that may be eligible for housing within the Proposed Project.
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incentives that are offered to businesses within the East New York Empire Zone, which comprises area outside the FCURA and primarily north of the study area. Therefore, the Proposed Project would be consistent with the East New York Empire Zone policy.
Built to Lead The Proposed Project would be consistent with Built to Lead, including the $10 Billion Affordable Housing Program. Specifically, as described in Chapter 1, “Project Description,” the Proposed Project would introduce approximately 2,623 units of affordable housing in the area known as East New York.
Housing New York The Proposed Project would be consistent with Housing New York, by providing approximately 2,623 units of affordable housing. These units will work toward the goal of Housing New York to provide 300,000 units of affordable housing for New York City by 2026.
NYC Strategic Zones The Proposed Project would be consistent with the goals of the NYC Strategic Zones regarding the installation and utilization of solar technology, as applicable to the area surrounding the Project Site. Specifically, as described in Chapter 1, “Project Description,” the buildings constructed as part of the Proposed Project would include alternative energy generation technology for on-site use, including solar panels or other renewable source as part of each building group and green roof technologies that may result in positive thermal effects, as well as stormwater management benefits. Therefore, the Proposed Project would be consistent with the NYC Strategic Zone policy.
MillionTreesNYC The Proposed Project would add street trees along the sidewalks surrounding the Project Site, to the standards of NYCDPR and the New York City Department of Transportation (“NYCDOT”). Therefore, the Proposed Project would be consistent with MillionTreesNYC policy.
New York City Local Law 97 As described in Chapter 16, “Greenhouse Gas Emissions and Climate Change,” newly constructed buildings are required to comply with Local Law 97 and, as such, the Proposed Project would be expected to comply with the law. The carbon emissions limit for each individual building larger than 25,000 sf is calculated with consideration given to the program and design of each building (i.e., whether a building includes mixed-use development, provides affordable housing, and/or utilizes sustainable
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energy). Several Proposed Project buildings would not be subject to specific emissions limits under Local Law 97:
• Buildings F, G, I, and J of the Proposed Project would all be less than 25,000 sf, and so they would not be subject to Local Law 97; and • Buildings A1, A2, A3, B1, B2, B3, C1, C2, C3 , D1, D2, D3, E1, E2, and E3 would each consist of residential development with greater than 35 percent rent regulated units, and so they would be exempt from the emission limits as set forth in Local Law 97.
Building K (approximately 267,105 sf) and Building H (approximately 30,000 sf) would both be greater than 25,000 sf and not meet provisions for exemption from limits; therefore, these two buildings would be subject to Local Law 97 emissions limits.
Upon construction of buildings H and K, the New York City Department of Buildings Office of Building Energy and Emissions Performance would assign an annual emissions limit to the buildings based on their unique blend of uses (Building K would contain both commercial and parking uses; Building H would contain both light manufacturing and commercial uses). It is anticipated that both buildings would be in compliance with Local Law 97 through the use of alternative energy sources and/or participation in one of the provisions of the law that allow for compliance through non-emission restriction means (e.g., purchasing credits for renewable energy generated in NYC or directly sinking into the NYC grid; deducting up to 10 percent of the annual emissions limit by purchasing greenhouse gas offsets; building carbon trading).
New York State Climate Leadership and Community Protection Act As described in Chapter 16, “Greenhouse Gas Emissions and Climate Change” the Proposed Project would be consistent with the goals and regulations of the New York State Climate Leadership and Community Protection Act (the “Climate Act”), which requires New York State to reduce economy-wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels. The Proposed Project is not of a type that would directly affect power generation on a large scale or alter municipal facilities or vehicle fleet; however, the Proposed Project would encourage construction of resource- and energy-efficient buildings, encourage development that is reliant upon public transit, and aim at increasing use of renewable energies. Specifically, as described in Chapter 1, “Project Description,” the Proposed Project development, building construction, and building operations would be Enterprise Green Communities Certified or achieve a higher green building standard. In addition, some critical building infrastructure, including boiler rooms, would be located at the rooftop, making it more efficient in operations (compared to cellar locations). Finally, the Proposed Project would support development that relies on sustainable modes of transportation. Specifically, the Proposed Project would provide dedicated on-site parking spaces of an amount equal to approximately 15 percent of the proposed dwelling units not set aside for senior or supportive housing, compared to the provision of on-
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site parking for between 80 percent and 100 percent of dwelling units as would typically be required of R7-A zoning (the nearest equivalent to the Proposed Project). Rather, the Proposed Project would take advantage of the existing network of public transit that serves the Project Site. Therefore, the Proposed Project would be consistent with the Climate Act.
Vital Brooklyn Initiative The Proposed Project is part of the Vital Brooklyn initiative and seeks to facilitate the construction of affordable housing in a significantly underserved portion of Brooklyn. The proposed sale and redevelopment of the Project Site would allow for the reuse of substantial acreage to provide affordable housing in a significantly underserved portion of Brooklyn and would further accommodate people with intellectual and developmental disabilities, as well as senior citizens. The Proposed Project seeks to create a community that is health-based, is centered around open space, provides walkable access to retail destinations, and is within close proximity to a significant regional park (Shirley Chisholm State Park). Further, the Proposed Project would provide space for job creating operations that would also support community health, such as meal delivery services and urban farming uses. As such, the Proposed Project would provide affordable housing to an underserved portion of Brooklyn, including supportive housing for residents with intellectual and developmental disabilities and housing for senior citizens, and improve wellness and economic opportunities as part of the Vital Brooklyn initiative. Therefore, the Proposed Project would be consistent with the Vital Brooklyn initiative.
PlaNYC 2030: A Greener, Greater New York The Proposed Project would be consistent with the goals of PlaNYC in terms of land use, open space, water quality, transportation, air, energy, natural resources, and solid waste.
As stated in the CEQR Technical Manual, a project is generally considered consistent with PlaNYC’s goals if it includes one or more of the following elements:
• Land use, by pursuing transit-oriented development, upgrading current housing, and developing underused areas; • Open space, by completing underdeveloped destination parks and planting trees and other vegetation; • Water quality, by improving wastewater treatment plants, protecting wetlands, and complying with the Sustainability Stormwater Management Plan; • Transportation, by promoting alternate modes of transportation and managing roads more efficiently; • Air, by using alternative fuel vehicles and cleaner-burning heating fuels;
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• Energy, by using renewable energy instead of fossil fuels and improving energy efficiency in buildings; • Natural resources, by planting trees, protecting wetlands, and creating open space; and, • Solid waste, by promoting waste prevention opportunities, increasing the reuse of materials and improving the convenience of recycling.
As described in Chapter 1, “Project Description,” the purpose of the Proposed Project is to provide needed affordable housing in a significantly underserved portion of Brooklyn through the development of a property that is substantially under-developed. The Project Site is transit-accessible and would encourage the use of public transportation. The Proposed Project would include the development of publicly accessible open space, which would be landscaped with trees and vegetation. Further, the Proposed Project would partially rely on renewable energy sources, expected to include on-site solar and/or geothermal loop to serve each building group. The residential development, building construction, and building operations would be Enterprise Green Communities Certified or achieve a higher green building standard. Therefore, the Proposed Project would be consistent with PlaNYC policy.
OneNYC 2050: Building a Strong and Fair City The Proposed Project would comply with the visions on OneNYC and would be consistent with its goals. Specifically, the Proposed Project would be consistent with the vision of creating a growing and thriving city by creating affordable housing and through its contribution to the development of vibrant neighborhoods. Additionally, the Proposed Project would introduce energy-efficient buildings, which would partially rely on renewable energy sources, expected to include on-site solar and/or geothermal loop to serve each building group. The residential development, building construction, and building operations would be Enterprise Green Communities Certified or achieve a higher green building standard. Finally, the Proposed Project would be consistent with City goals related to GHG emissions, as discussed in Chapter 16, “Greenhouse Gas Emissions.” Therefore, the Proposed Project would be consistent with OneNYC policy.
Smart Growth Public Infrastructure Policy Act A Draft Smart Growth Impact Statement has been completed for the Proposed Project (see Appendix B). As described in the Draft Smart Growth Impact Statement, the Proposed Project is consistent with the State Smart Growth Public Infrastructure Criteria. A Final Smart Growth Impact Statement will be included in the Final EIS.
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Community Risk and Resiliency Act Based on the NYCRR Part 490 projections for sea-level rise, the 100-year and 500-year floodplains are expected to increasingly encroach on the Project Site from the 2020s to 2100s (refer to Chapter 9, “Natural Resources,” Figure 9-5, “Projected 2020s Flood Zones,” Figure 9-6, “Projected 2050s Flood Zones,” Figure 9-7, “Projected 2080s Flood Zones,” and Figure 9-8, “Project 2100s Flood Zones”). In the projected 2020s flood zones, portions of the southern and eastern edges of the Project Site are anticipated to be within the 500-year floodplain. In the 2050s, the northern, eastern, southern, and western edges of the Project Site are anticipated to be within the 500-year floodplain and portions of the southern and eastern edges are anticipated to be within the 100-year floodplain. In the 2080s, the 500-year floodplain would encroach onto the central portion of the Project Site, and the 100-year floodplain would encroach onto larger portions of the southern and eastern edges of the Project Site. In the 2100s, the entire Project Site would be located within either the 500-year or 100-year floodplain.
As defined by FEMA,17 design flood elevation (“DFE”) is the elevation of the highest flood (generally the base flood elevation (“BFE”)18 plus freeboard19) that a retrofitting model is designed to protect against. As detailed in the NYCDCP WRP CAF Policy 6.2 Flood Evaluation Worksheet provided in Appendix A, the Proposed Project would be designed to the 2080s 500-year flood event in that the Proposed Project would place flood-vulnerable development outside the projected 2080s 500-year floodplain through building design and site grading. Buildings and open spaces would be built to a design flood elevation (DFE) between approximately +17.17 ft and +20 ft. Surrounding these buildings and open spaces, the edges of the Project Site, which would include landscaped areas and surface parking lots and back of house buildings, would serve as transition zones with DFEs ranging from approximately +10 ft to +15 ft.
The CRRA guidelines provide two criteria for Multi-Family Residential Buildings and Large Non- Residential Buildings in tidal areas. The guidance states that “the building should be elevated such that the lowest floor or other structural member is at or higher than the following guideline elevations, considering feasibility, project costs, risk tolerance, and environmental effects, or otherwise protected from flood damage to the guideline elevation:
• “The vertical flood elevation and corresponding horizontal floodplain that result from adding the medium sea-level rise projection over the expected service life of the structure, plus two feet of freeboard, to the BFE and extending this level to its intersection with the ground.
17 https://www.fema.gov/about/glossary 18 As defined by FEMA, BFE is the elevation of the 100-year flood. 19 As defined by FEMA, freeboard is defined as an additional amount of height above the BFE used as a factor of safety (e.g., 2 feet above the BFE) in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations.
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• “The vertical flood elevation and corresponding horizontal floodplain subject to flooding from the 0.2-percent annual chance flood.”20
Per the recommendation of the CRRA guideline, the first criterion of the guidance would be met if the Proposed Project had a DFE that equaled or exceeded the sum of the medium sea level rise projection over the life of the structure (3 ft), freeboard of 2 ft (3 ft for critical features), and the BFE (10 ft); the second criterion would be met if it corresponded to the DFE for the 500-year elevation. As the Proposed Project has a DFE ranging between +17.17 ft and +20 ft for all structures and open spaces, the first criterion is satisfied. As the Proposed Project would be designed to avoid flooding up to and including the 2080s 500-year flood event, the second criterion of the guidance is also satisfied. Therefore, the Proposed Project meets the criteria set forth in the CRRA guidance.
Additionally, as described earlier in this chapter, consideration of sea-level rise, storm surge, and flooding in facility siting, permitting, and funding is demonstrated in the Proposed Project’s consistency with both the NYSDOS Coastal Management Program and NYCDCP’s Waterfront Revitalization Program (see Appendix A).
As noted in the previous section of this chapter a Draft Smart Growth Impact Statement has been completed for the Proposed Project, which found that it is consistent with the State Smart Growth Public Infrastructure Criteria (see the Draft Smart Growth Impact Statement provided in Appendix B). A Final Smart Growth Impact Statement will be included in the Final EIS.
In summary, the vulnerability to flood damage on the Project Site is expected to increase in the future, based on existing flood zone mapping and available projections. However, the Proposed Project, being designed to the 2080s 500-year floodplain would reduce any future flood risk. Further, potential vulnerability of the buildings constructed on the Project Site would be limited to non-residential components of the buildings during the particular flood event, as described above, and additional flood- protection measures are not precluded from future incorporation that could limit these vulnerabilities. Additionally, the Proposed Project would be consistent with the NYSDOS Coastal Management Program and NYCDCP’s Waterfront Revitalization Program. As such, the Proposed Project would be consistent with the goals of the CRRA.
20 New York State Flood Risk Management Guidance for Implementation of the Community Risk and Resiliency Act, August 2020. https://www.dec.ny.gov/docs/administration_pdf/crrafloodriskmgmtgdnc.pdf
Land Use, Zoning, and Public Policy Chapter 2
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