Letter to Ms. Wallace. March 24, 2014

Transcription

1 March 24,

2 FIGURE 1 2

3 FIGURE 2 Project Limits 3

4 CE Provisions Relative to the Project Pursuant to the provisions of 23 CFR (d), (or d-list), the Federal Highway Administration (FHWA) and FTA may determine whether actions not specifically described in either 23 CFR (c), ( c-list ) or in the d-list examples, meet CE criteria. The items listed in the d-list are examples of actions that could be processed as CEs if the actions are shown to meet the CE criteria in project documentation, which is reviewed and approved by the FTA. The list of examples are the types of actions that do not result in significant effects and typically can be categorically excluded through documentation showing that there is no potential for significant environmental impacts to result from the action. Accordingly, after review of the ten new CE related actions (Project activities) contained within the FTA final rule (23 CFR (c)), and a review of the antecedent d-list of examples, Uptown Houston is of the opinion that the Project qualifies for a CE finding. This opinion is based upon the Project falling into the d-list category with documentation which demonstrates that the Project would not have significant environmental effects. Uptown Houston s assessment is based upon the following reading of the rule and study of underlying legislative intent, as follows: The FTA CE guidelines refer to other actions previously contained in what is referred to as the d-list relating to Section (d). This provision indicates that any prior action on the former d-list can be a CE under the d-list if documentation shows that there is no potential for significant environmental impacts. The d-list requires that there has been consideration of other alternatives to the action proposed by the grantee. In the case of the Project, alternatives were considered such as do nothing, increase transit service in mixed traffic, and other modes (Appendix A). However, the implementation of dedicated bus lanes within an existing corridor was deemed the most cost effective and environmentally compatible way to achieve Project objects. The CE is documented as to traditional environmental categories such as noise, floodplain, land use / zoning, traffic impact, transportation, and was found to have no adverse environmental impact. The Uptown Houston Project meets criteria and conditions contained within the new FTA CE rule, for projects which have no adverse impact on the environment. The proposed action, therefore, qualifies for a CE finding. 4

5 Detailed Project Description The Project includes reconstruction of and with improvements to the entire street cross section of Post Oak Boulevard from IH 610 to Richmond Avenue (Figures 1 and 2). The Project would involve acquiring Right Of Way (ROW) on each side of Post Oak Boulevard in order to increase the existing 120 foot ROW to 136 feet. The reconstructed street would retain the six lanes for general traffic while accommodating bi-directional bus service operating in dedicated lanes in the expanded median. The street reconstruction would also provide for improved sidewalks, landscape / hardscape, pedestrian lighting, and other pedestrian amenities. The Project includes the following elements (Figures 3-10): ROW acquisition to permit the widening of the street to include an expanded median area; Reconstruction of traffic lanes and intersections, including utility relocation as necessitated by the street and Dedicated Bus Lanes (DBL) construction; Modifications to the storm water drainage system to comply with local codes; Water and sanitary sewer replacement and upgrades (locally funded); Improved sidewalks, landscape / hardscape, pedestrian lighting, street furniture, and other pedestrian amenities behind the curb to enhance the pedestrian experience; A 26-foot wide DBL within the expanded median (46 feet) of Post Oak Boulevard; Up to nine pairs of passenger platforms along the Post Oak Boulevard DBL with appropriate passenger amenities; Articulated bus service utilizing rolling stock with multiple double doors on frequent headways (buses would be procured by the Metropolitan Transit Authority of Harris County (METRO) separately from the Project); Level platform boarding (Americans with Disabilities Act compliant) within the DBL; All-door-boarding including off-board fare collection or the creation of a free fare zone to speed up passenger boarding and alighting, and thereby minimizing bus dwell times at stations; Intelligent Transportation System technology including features such as real time bus arrival information at station platforms; passenger emergency communication equipment, and bus operator information ; and, Branding of a unique vehicle and station stop to identify the special service. 5

6 The Project is estimated to cost $121.5 million and is proposed to be funded by $76.5 million from Uptown Houston and $45 million in federal grants this represents a local contribution far in excess of the FTA-required 20% local match. Location The Project would be located on Post Oak Boulevard within the City of Houston, Harris County, Texas. The Project extends from the 700 block (including beneath the adjacent IH 610 frontage road intersection) through the 3000 block (including approximately 500 feet south of Richmond Avenue) of Post Oak Boulevard. Figure 1 indicates the Project location. Adjacent and nearby land uses are also shown. Metropolitan Planning and Air Quality Conformity The Houston-Galveston-Brazoria region is in severe non-attainment for ozone. The Project is consistent with the MPO s conforming 2035 Regional Transportation Plan Update and is included in the conforming Transportation Improvement Program. 6

7 FIGURE 3 Post Oak Boulevard Place - Existing Conditions FIGURE 4 Post Oak Boulevard near Ambassador Way looking North - Existing Conditions 7

8 FIGURE 5 Post Oak Boulevard near Ambassador Way looking South - Existing Conditions FIGURE 6 Proposed Reconstructed Post Oak Boulevard with Dedicated Bus Lanes near Ambassador Way, looking South (compare to Figure 5) 8

9 FIGURE 7 - Project Cross Section 9

10 FIGURE 8 10

11 FIGURE 9 11

12 FIGURE 10 12

13 Anticipated Environmental Impacts Zoning The Project lies entirely within the City of Houston City Limits. Although the City of Houston has no zoning ordinance, the City has passed the Transit Corridor Ordinance that guides how the City regulates development in order to create a high quality urban environment in areas along METRO's guided rapid transit or fixed guideway transit corridors. The portion of Post Oak Boulevard included in the Project was specified in the Ordinance as a Transit Corridor Street. The Project, as proposed, is consistent with and supportive of the Ordinance. Land use in Uptown Houston is well characterized as a commercial core centered on Post Oak Boulevard surrounded by residential land. Figure 1 depicts land use in the Uptown Houston area, as prepared by the Houston-Galveston Council (H-GAC). The Post Oak Boulevard corridor is largely commercial land, consisting of offices, hotels and retail developments, with several mid- and high-rise residential complexes. The effect of the Project on land use in the study area assumes that existing market conditions and future changes to land use would evolve following existing and projected development or redevelopment growth patterns. These patterns are consistent with the Uptown District s development goals of redeveloping low density commercial development into mid- and high- rise development (commercial or residential). Traffic Impacts A traffic analysis was conducted for Post Oak Boulevard intersections potentially affected by the Project. The analysis found that the projected level of service at key intersections would improve slightly with the implementation of the DBL. However, major intersections would remain heavily congested due to continued increases in travel demand. A summary description of the analysis results and a supporting technical memorandum are included in Appendix B. No changes in levels of service is expected as a result of the reconstruction of Post Oak Boulevard with the DBL since the number of through and left turn lanes for general traffic would remain unchanged. Therefore, no negative impacts on traffic are anticipated due to the Project. CO HOT Spots The Houston-Galveston-Brazoria region is in attainment of the national ambient air quality standard for carbon monoxide. As a result, no impacts are expected on carbon monoxide hotspots. 13

14 Historic Resources No resource on or adjacent to Post Oak Boulevard or anywhere along the route of the DBL is listed on the National Register of Historic Places, and there is no State Historic Landmark along the route. Previous Coordination was accomplished for a median-running transit project on the same alignment being proposed for this Project. Appendix C provides evidence of coordination with the Texas Historic Commission (THC) on this alignment during prior studies. Three structures at least 50 years old exist on properties adjacent to or in proximity to the Project. The Project will not modify any of these structures nor negatively affect the building environment (Appendix C). On March 7, 2014, the Texas Historic Commission issued a finding of No Historic Properties Affected Project May Proceed. The project is not expected to adversely affect historic structures. Noise Analysis of projected noise levels at most noise-sensitive receivers would experience slightly higher noise levels in 2035 than in 2010, generally by one dba or less, due to expected growth in vehicle traffic volumes. See Appendix D for a more complete explanation. The addition of bus service in the DBL is not expected to increase noise levels. Vibration According to FTA screening procedures for vibration impacts, projects that involve rubber-tired vehicles are unlikely to cause a vibration impact unless the road surface is uneven or heavy vehicles were to operate near sensitive receptors. Neither of these conditions would occur in the Project area, and the Project would therefore not cause vibration impacts. Acquisitions and Relocations Required Based upon the advanced planning studies, Uptown Houston estimates that approximately 3.7 acres of property would be required to expand the Post Oak Boulevard ROW. The parcels to be acquired generally consist of narrow strips and wedges containing primarily paved parking surfaces or screening plantings. Approximately 40 parcels are expected to be acquired. See Figures 8-10 for a comparison of existing ROW lines with the proposed ROW lines, and Appendix E for a table listing the parcels being considered for acquisition. 14

15 The Project would require the relocation of one business, currently located in the westernmost unit of a single story retail center. The retail business requiring potential relocation is: Al s Formal Wear, 1801 Post Oak Boulevard Suitable retail space exists in Uptown Houston (5 million square feet of retail space currently exists within the Uptown Houston core area, with additional new retail space being planned) for relocation of the displaced business (approximate size: 1,000 square feet). Relocation would follow the rules of the Uniform Relocation Assistance and Real Property Acquisition Act of In addition, acquisition of ancillary elements, but not the primary buildings, for two businesses and one residential complex may be required and may require restoration on the remainder of the property: Inverness Apartments, 800 Post Oak Boulevard (boiler room / laundry building and entry gates); Starbucks, 2521 Post Oak Boulevard (drive-through lane); Masraff s, 1753 Post Oak Boulevard (portion of the patio of Italian restaurant) The planned acquisitions would not result in an impact or change of functional use of the property or in substantial displacements. Hazardous Materials An evaluation of the risk of contamination of land associated with the Project from sites with hazardous materials or petroleum products was performed in September Work was performed in accordance with ASTM E , Standard Practice for Phase 1 Environmental Site Assessments (ESAs), as modified by the City of Houston Department of Public Works & Engineering Design Manual Chapter 11 Geotechnical and Environmental Requirements. See Appendix F for more information. Based on the presence of the listed Recognized Environmental Conditions (REC) locations within the study area, further environmental investigation of the Project is recommended if the construction would require excavation deeper than five feet below the existing grade. Impacts to hazardous and deregulated materials sites are anticipated only during construction activities for the proposed action; therefore, no long-term effects are anticipated. Uptown Houston will deal appropriately with any contaminated soil or water disturbed by the Project. However, Uptown Houston has no plans to remediate the existing 15

16 contamination and Uptown Houston understands that FTA will not participate in the costs of remediation if such remediation were to be required. Community Disruption and Environmental Justice Any adverse impacts that may occur (primarily during construction of the Project) are not anticipated to have a disproportionately high and adverse impact on any minority or low income population. See Appendix G for more detailed information. Use of Public Parks and Recreation Areas Three greenspaces are adjacent to Post Oak Boulevard and are potentially impacted by the Project. However, these greenspaces are not considered public parkland nor recreation areas (see Appendix H for detailed information). No public parkland or recreation areas would be impacted by the Project. Impacts on Wetlands No wetlands or special aquatic sites were observed in the Project vicinity during field visits in October, TxDOT developed a detention pond south of Hidalgo Street on the east side of Post Oak Boulevard. Originally planned to be an open grassy area capable of detaining storm water, the pond was developed as a water feature including a fountain, lighting, and pedestrian amenities. Uptown provides the maintenance for these upgraded facilities. TxDOT has determined this facility to be a detention pond and not jurisdictional waters. Floodplain Impacts Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) were reviewed for the project area. The Buffalo Bayou floodway and its 100- and 500- year floodplains are located in excess of 1,000 feet north of this project. The Brays Bayou 100- and 500-year floodplains are located in excess of 4,000 feet and 2,000 feet, respectively, south of the project. Please see Figure 11. The Project would have no effect any of these floodplains, as no new structures or fill material would be placed within a floodplain. 16

17 FIGURE 11 17

18 Impacts on Water Quality, Navigable Waterways, & Coastal Zones Buffalo Bayou, which lies in excess of 1,000 feet north of the Project area, is the only navigable waterway in the project vicinity. (Buffalo Bayou is considered navigable by the U.S. Coast Guard (USCG) at this point.) However, the Project does not propose any construction activity in the vicinity of Buffalo Bayou. No navigable waterway permits would be required from either the USCG or USACE. The Project is located within the Buffalo Bayou watershed. Runoff from the Project area eventually enters Buffalo Bayou, which flows east to become the Houston Ship Channel, which flows east and enters the San Jacinto River, Galveston Bay, and the Gulf of Mexico. Storm water in the Project area generally drains to the subsurface storm water drainage system that discharges into Buffalo Bayou and its local tributaries. Buffalo Bayou above tidal influence (Texas Commission on Environmental Quality (TCEQ) Segment 1014) is not listed in the new 2012 Texas 303(d) list of impaired waters. Buffalo Bayou Tidal/Houston Ship Channel (TCEQ Segment 1007) is listed as an impaired water for various parameters; however, this segment is further than five miles downstream of the Project area. The Project would incorporate the use of in-line detention and would be designed to City of Houston standards. During construction, the Project would be covered under the TCEQ general permit for construction, and a storm water pollution prevention plan (SW3P) would be prepared detailing the use of best management practices. Based on the condition of the receiving waters, the nature of the Project, and the use of cityrequired design techniques and best management practices, impacts to water quality are not anticipated. The Project is in the Texas coastal management zone. Uptown Houston has reviewed the Project for consistency with the Coastal Management Program goals and policies in accordance with the regulations of the Texas Coastal Coordination Council, and has determined that the Project would not have a direct adverse effect on the coastal natural resource areas identified in the applicable policies. This determination is based on the Project s scope and the environmental analysis contained in this report. Impacts on Ecologically Sensitive Areas and Endangered Species The Uptown Houston area is a highly urbanized area. There are no natural areas (woodlands, prairies, wetlands, rivers, lakes, streams, designated wildlife or waterfowl refuges, and geological formations) on or near the Project area. There no known endangered species within the Project area. See Appendix I for more information. 18

19 Impacts on Safety and Security Post Oak Boulevard s pedestrian circulation and public safety issues would be evaluated and addressed in the Project s detailed design phase. The design of the transportation improvements should meet the following objectives: Design for minimum hazard through the identification and elimination of hazards by using appropriate safety design concepts and alternative design; Use of fixed, automatic, or other protective safety devices to control hazards that cannot be eliminated; Use of warning signals and devices if neither design nor safety devices can effectively eliminate or control an identified hazard; and, Provide special procedures to control hazards that cannot be controlled by the aforementioned devices. The principle safety concerns for the Project are the vehicular / pedestrian interface at all station locations, safety and security for passengers on board the vehicles, ease and secure access to all stations, protection of passengers waiting at the bus stations in the median, and prevention of pedestrian access to the bus travel lanes. The Project design would also incorporate adequate lighting in accordance with METRO design criteria. On-site security staff is not proposed for this facility; however, closed-circuit television (CCTV) and voice communications equipment may be installed on the vehicles and at station stops consistent with METRO facilities design criteria to provide upgraded security. In addition, METRO Police would provide periodic patrol of the corridor and would also coordinate with Uptown Houston for additional coverage. METRO would provide good visibility of off-site trailblazer signage and traffic management to improve patrons access and safety to the facilities in accordance with Crime Prevention through Environmental Design (CPTED) strategies. METRO currently follows safety and security policies for fixed guideways that establish minimum requirements based upon local, state, and national codes and standards. Impacts Caused by Construction The reconstruction of Post Oak Boulevard would have some temporary air, noise, vibration, water quality, traffic flow, and visual impacts for those tenants, residents, and visitors within the immediate vicinity of the Project. The air quality impact would be minimal and would primarily be in the form of diesel emissions from diesel-powered construction equipment and dust from excavated areas. Air pollution due to airborne particles would be effectively managed by watering or the application of other controlling materials to the construction area. 19

20 Noise and vibration impacts would be from heavy equipment movements and construction activities such as pavement demolition and compaction of road subgrade materials. These impacts would occur during daytime construction hours and would be covered by existing noise management procedures developed and employed by the City of Houston for typical roadway reconstruction projects. Water quality impacts would likely result from erosion during thunderstorms and general construction activities over the course of the Project construction. These impacts would be managed by employing standard road construction water management strategies developed for general roadway construction projects and Best Management Practices for roadway engineering and construction. Temporary erosion control features would consist of temporary grassing, sodding, mulching, sandbagging, slope drains, sediment basins, sediment checks, artificial coverings and berms. Maintenance of traffic and sequencing of construction would be planned and scheduled to minimize disruption to traffic and pedestrians throughout the Project. Signage would be developed and placed in advance of and along the construction route to warn drivers of upcoming lane and road closures and other pertinent information. The local news media would be informed of the upcoming schedule of activities so that local travelers and visitors can plan alternative travel routes in advance. Access to all residential buildings and businesses would be maintained to the greatest extent possible through the use of controlled construction scheduling. Traffic delays would be controlled to the greatest extent possible where several construction activities are in progress at the same time. For residents living along Post Oak Boulevard, some of the materials stored for construction may be visually displeasing; but this is a temporary situation and should pose no substantial problems in the short or long term. Construction of the roadway requires excavation of materials, and use of materials such as asphaltic concrete, lime rock, and Portland cement. The removal of structures and debris would be in accordance with City of Houston and state regulatory agencies permitting the reconstruction. New materials and facilities such as light standards, bus shelters, and the like would be manufactured off site, trucked to the job site, and then undergo final assembly and installation. The contractor would be responsible for employing methods of controlling all pollution on the job site, access roads, and areas used for the disposal of waste materials from the project site. 20

21 Other Potential Impacts Tree Mitigation Plan During early 2013, Uptown Houston developed a Post Oak Boulevard Tree Preservation and Relocation Plan. The resulting tree preservation plan would result in a net increase of the number of trees and caliper-inches of trees in the Project area. See Appendix J for more information. Visual Quality The Project would cause minor changes to the views of Post Oak Boulevard residents in adjacent apartment buildings and for motorists. The median of Post Oak Boulevard would be widened to accommodate the DBL. Ornamental plants and trees in the median would be relocated within the new wider median. Similarly, ornamental plants and trees along the existing sidewalks of Post Oak Boulevard would be relocated along the new widened sidewalk. From the standpoint of a motorist, pedestrian, or adjacent resident the view would be very similar to the current view of Post Oak Boulevard, with similar densities of trees and ornamental shrubs, varying only with the addition of two bus lanes in the median. Therefore, the Project would not substantially affect the visual quality of the roadway. Indirect Impacts Indirect impacts of the Project are expected to include: positive mid- to long-term effects on residential and employment growth at station areas, and benefits to the taxing jurisdictions, business sales, and household incomes. In the long-term, as real estate near the stations becomes more attractive and spurs growth, these impacts could extend to improve and / or revitalize other parts of the District that are proximate to public transportation. Cumulative Impacts In addition to the Project, a significant number of transit improvement projects are planned in the vicinity of Post Oak Boulevard. Among the planned projects in the vicinity of the study area is the potential University Corridor project being led by METRO. This potential University Corridor project, plus other transit projects (the potential for dedicated bus or HOV lanes in the IH 610 between Uptown and IH 10, and the planned Bellaire Uptown Transit Center, see Appendix A) would help to form a more complete transportation system with improved mobility options to and from the Uptown Houston area. The improved transit access in the region would provide travelers with more viable multi-modal options for getting around, and the presence of these options is anticipated to reduce the number of private automobiles on the roadway, which would in turn reduce congestion in Uptown Houston and the surrounding areas. 21

22 Public Involvement Public involvement has played a central and ongoing role in relation to Uptown Houston s mobility improvements. Specific public involvement activities that have already been performed include the following: Close coordination with numerous agencies such as METRO, TxDOT, the City of Houston, Harris County Toll Road Authority, and the City of Bellaire throughout the Advanced Planning Process; Consistently met with potentially affected property owners to discuss the Project; Uptown mobility presentations during 2012 and 2013 to numerous civic and interest groups; One-on-one meetings during 2012 and 2013 with City Council members, METRO Board members, property owners, building managers, tenants, and residents; Public comments on the Project as part of H-GAC s Call for Projects for TIP evaluation and selection process (February May, 2013); and, Public comments, including a public hearing, at a City of Houston City Council meeting on the approval of the geographic expansion and the temporal extension of the Uptown TIRZ where the Project was described as a priority project within the latest version of the TIRZ capital improvement plan (April May, 2013); Individual meetings with City Council members. Beyond these activities, Uptown Houston has continued and would continue to engage and involve the general public and stakeholders as the project continues to evolve. Conclusion Uptown Houston has assessed the potential environmental consequences of the proposed Post Oak Boulevard Reconstruction with Dedicated Bus Lanes Project. Uptown Houston concludes that no significant impact would result from the Project. The Project meets criteria and conditions contained within the new FTA CE rule, related to the acquisition of property within and along an existing transportation facility; related development of transportation resources within an existing transportation facility; and which have no adverse impact on the environment. The proposed action, therefore, qualifies for a CE finding. 22

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