Determinations and Compliance Findings
for HUD-assisted Projects
24 CFR Part 58
Project InformationProjectName: / Garden-Terrace-Apartments-
HEROSNumber: / 900000010030878
ResponsibleEntity(RE): / LA CROSSE, DIRECTOR OF PLANNING LA CROSSE WI, 54601
REPreparer: / Caroline Neilsen
State/LocalIdentifier: / WI
CertifyingOfficer: / Caroline Neilsen
ProjectLocation: / 733 Kane Street, La Crosse, WI 54603
This site is located at 733 Kane Street and also includes the acquisition of two single family properties at 1109 ST JAMES ST and 901 GEORGE ST LA CROSSE WI.
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
The Garden Terrace Apartments, a multifamily community consisting of 50 affordable units and a multi-purpose community center. The development will be split between two sites in the Lower Northside Depot Neighborhood, with 44 apartments on City-owned land at 733 Kane Street and six townhomes on St. James Street. The Garden Terrace is a unique and important project for La Crosse for several reasons. First, it is part of the City's long-term housing solution to combating homelessness. Fifteen units (30% of units) will be targeted to homeless veterans who are earning or below 30% of the Area Median Income. These households will benefit from VASH rental assistance and case management provided by the Tomah VA Medical Center. Second, the Garden Terrace will create a community hub that will provide a multipurpose meeting space, offices for supportive service staff and permanent facilities for the Kane Street Community Garden. Third, the project is a new investment in a designated flood zone that will incorporate advanced storm water management features. Impact Seven will be the developer and long-term owner.
Statement of Purpose and Need for the Proposal [40 CFR 1508.9(b)]:This project will result in new construction of a multifamily community consisting of 50 affordable units and a multi-purpose community center. The development will be split between two sites in the Lower Northside Depot Neighborhood, with 44 apartments on City-owned land at 733 Kane Street and six townhomes on St. James Street. The new construction will occur on city-owned vacant land and the other site consists of demolishing two single family homes in the flood plain and re-construction 6 townhomes out of the flood plain. All units will be available for 60% or less of the AMI. This area has not been invested in due to homes being in the flood plain and there is also a great need for affordable housing. The alternative is for the site not to be built which would result in more homes that are in the flood plain and further deterioration of the neighborhood.
Existing Conditions and Trends [24 CFR 58.40(a)]:The existing conditions of the land are that it consists of a vacant parcel of land that is elevated and was previously owned by the railroad but was never developed. The other site consists of two single family homes that are in the flood plain and are significantly deteriorated. The existing conditions of this area are a steady but significant decline in property values due to the rising rates of flood plain insurance. Without this project, this area may continue to decline.
Maps, photographs, and other documentation of project location and description:
Determination:ü / Finding of No Significant Impact [24 CFR 58.40(g)(1); 40 CFR 1508.13] The project will not result in a significant impact on the quality of human environment
Finding of Significant Impact
ApprovalDocuments:7015.15 certified by Certifying Officer on:
7015.16 certified by Authorizing Officer on:
Funding InformationGrant Number / HUD Program / Program Name / Funding Amount
2974 / CPD / Community Development Block Grants (CDBG) (Entitlement) / $550,000.00
Estimated Total HUD Funded Amount: / $550,000.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: / $9,200,000.00
Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and AuthoritiesCompliance Factors:
Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4, §58.5, and §58.6 / Are formal compliance steps or mitigation required? / Compliance determination
(See Appendix A for source determinations)
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6
Clear Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D / ¨ Yes þ No / The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements.
Coastal Barrier Resources Act
Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501] / ¨ Yes ¨ No / This project is not located in a CBRS Unit. Therefore, this project has no potential to impact a CBRS Unit and is in compliance with the Coastal Barrier Resources Act.
Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a] / ¨ Yes þ No / The structure or insurable property is not located in a FEMA-designated Special Flood Hazard Area. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with flood insurance requirements.
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93 / ¨ Yes þ No / The project's county or air quality management district is in attainment status for all criteria pollutants. The project is in compliance with the Clean Air Act.
Coastal Zone Management Act
Coastal Zone Management Act, sections 307(c) & (d) / ¨ Yes þ No / This project is not located in a Coastal Zone as defined in the state Coastal Management Plan. The project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
24 CFR 50.3(i) & 58.5(i)(2)] / ¨ Yes þ No / Site contamination was evaluated as follows: ASTM Phase I ESA. On-site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of project occupants or conflict with the intended use of the property were not found. The project is in compliance with contamination and toxic substances requirements.
Endangered Species Act
Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402 / ¨ Yes þ No / This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is in compliance with the Endangered Species Act.
Explosive and Flammable Hazards
Above-Ground Tanks)[24 CFR Part 51 Subpart C / ¨ Yes þ No / There is a current or planned stationary aboveground storage container of concern within 1 mile of the project site. The Separation Distance from the project is acceptable. The project is in compliance with explosive and flammable hazard requirements. The nearest above ground storage tank is 686 feet from the property (O-Really see page 118 of phase 1 for Saint James St) and the Acceptable Distance of Separation is at least 136 feet away). There are other storage tanks but they are farther away and about the same storage capacity and same type of storage (diesal) (see attachments). Finally, there is a fuel storage tank at Reinhart Foods that holds about 12,000 gallons, however, against the ASD is at least 778 feet and this fuel tank is 1320 feet away. The balance of the above ground storage tanks are all within acceptable distance. (See Phase 1 Environmentals under previous screens).
Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658 / ¨ Yes þ No / This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy Act.
Executive Order 11988, particularly section 2(a); 24 CFR Part 55 / þ Yes ¨ No / This project is located in a 100-year floodplain. The 8-Step Process is required. With the 8-Step Process the project will be in compliance with Executive Order 11988.
National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800 / ¨ Yes þ No / Based on the project description the project is covered by a Programmatic Agreement that includes an applicable exemption that exempts this project from the requirements of Section 106. The project is in compliance with Section 106.
Noise Abatement and Control
Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B / þ Yes ¨ No / The project is modernization or minor rehabilitation of an existing residential property. A Preliminary Screening was performed, and found the following: See attached.. The project is in compliance with HUD's Noise regulation with mitigation.
Sole Source Aquifers
Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149 / þ Yes ¨ No / The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements.
Executive Order 11990, particularly sections 2 and 5 / ¨ Yes þ No / The project will not impact on- or off-site wetlands. The project is in compliance with Executive Order 11990.
Wild and Scenic Rivers Act
Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c) / ¨ Yes þ No / This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act.
HUD HOUSING ENVIRONMENTAL STANDARDS
Executive Order 12898 / ¨ Yes þ No / No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898.
Environmental Assessment Factors [24 CFR 58.40; Ref. 40 CFR 1508.8 &1508.27]
Impact Codes: An impact code from the following list has been used to make the determination of impact for each factor.
(1) Minor beneficial impact
(2) No impact anticipated
(3) Minor Adverse Impact – May require mitigation
(4) Significant or potentially significant impact requiring avoidance or modification which may require an Environmental Impact Statement.Environmental Assessment Factor / Impact Code / Impact Evaluation / Mitigation /
LAND DEVELOPMENT /
Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design / 2 / The location has been identified single family housing. It is zoned Single Family but with City Council Approval, it is now zoned for multi-family housing. It is an existing building and the scale and urban design are consistent with buildings nearby. (Sources: Future Land Use Map, City of La Crosse Legislation. / None required. Source Documentation is the Phase I Environmental that has been completed.
Soil Suitability / Slope/ Erosion / Drainage and Storm Water Runoff / 3 / The soil consists of urban land, consisting of stratified sand and gravel with no history or subsidence or seismic activity. The depth to water table is greater than six feet. There are currently stormwater runoff issues and the project will have to conform to the City's stormwater regulations (Sources: USDA Web Soil Survey, Phase I Environmental Site Assessment ). / An underground storm water system will be installed to address any storm water runoff. Source Documentation is the Phase I Environmental that has been completed.
Hazards and Nuisances including Site Safety and Site-Generated Noise / 3 / The project is located near railroads and a busy road, noise mitigation will be required (See Noise Calculator). / Noise mitigation steps required. This issue will be addressed through acoustical construction, which is reasonable due to the residential nature of the building. This will be accomplished through insulation, wall construction, increasing the spacing between studs, using resilient materials to hold studs and panels together, adding acoustical blankets.
Energy Consumption/Energy Efficiency / 2 / The project site is connected to the electric grid and will have a small impact on energy consumption consistent with a multi-family residence. / None required. Source Documentation is the Phase I Environmental that has been completed.
Employment and Income Patterns / 2 / The project will not have an effect on employment and income patterns because it is residential that includes low-to-moderate-income housing. / None required.
Demographic Character Changes / Displacement / 2 / The project will not displace anybody or change the demographic character significantly because it does not involve displacement of individuals, in fact it helps the populations. / None required.
COMMUNITY FACILITIES AND SERVICES
Educational and Cultural Facilities (Access and Capacity) / 1 / The project will have a small impact on educational and cultural facilities due to an increase in 50 residential units.
Commercial Facilities (Access and Proximity) / 2 / Commercial facilities are within access of the building but has no impact.
Health Care / Social Services (Access and Capacity) / 1 / The project may have a beneficial impact on health care and social services as it provides housing, some of which is for low-to-moderate-income families.
Solid Waste Disposal and Recycling (Feasibility and Capacity) / 2 / The project will have a small impact on solid waste disposal and recycling due to the adaptive reuse of a school building. (Source: Mark Johnson, Water Utility Manager).
Waste Water and Sanitary Sewers (Feasibility and Capacity) / 2 / The project will only have a small impact on waste water and sanitary sewer since the site is connected to the city's infrastructure (Source: Mark Johnson, Water Utility Manager).
Water Supply (Feasibility and Capacity) / 2 / The project will have a small impact on water supply since the site is connected to the city's infrastructure (Source: Mark Johnson, Water Utility Manager). / Source Documentation is the Phase I Environmental that has been completed.
Public Safety - Police, Fire and Emergency Medical / 2 / The project is in close proximity to police, fire, and emergency medical due to its downtown location.
Parks, Open Space and Recreation (Access and Capacity) / 2 / The project will have a small impact on parks, open space, and recreation, because new families will be using nearby parks and recreation.
Transportation and Accessibility (Access and Capacity) / 2 / The project will likely not have much of an impact on transportation and accessibility because it is on an existing street, is accessible by sidewalk, and is near several bus stops (Source: City of La Crosse Transit Route Map).
Unique Natural Features /Water Resources / 2 / The project is an new construction in an already developed urban setting which helps preserve areas with natural resources that would have been developed otherwise. / Source Documentation is the Phase I Environmental that has been completed.
Vegetation / Wildlife (Introduction, Modification, Removal, Disruption, etc.) / 2 / The project will not have a negative impact on vegetation and wildlife because it is urban infill development. NO wildlife will be affected.
Other Factors / N/A