5.5 Relocations and Displacements

Transcription

1 I-70 East Final EIS 5.5 Relocations and Displacements 5.5 Relocations and Displacements This section investigates the impacts from the project alternatives resulting from land acquisition of residential units, businesses, and non-profit organizations for right of way in the study area. Proposed mitigation measures also are discussed to offset any adverse effects. Since the Supplemental Draft EIS was published in August 2014, additional analyses and content review have been performed for many of the resources discussed in this document. These updates, along with changes resulting from the comments received on the Supplemental Draft EIS, have been incorporated into this Final EIS. In this section, the updates include the following items: Based on the revised construction limits and refined data on the number of impacted housing units, the number of relocations and displacements was revised. Early acquisition of properties was recognized and explained What is a relocation or displacement and why is it important to this project? A relocation or displacement results from a project s need for real property to accommodate roadway improvements. This property, and the right to own and/or use it, is referred to as right of way. A relocation or displacement occurs when it is necessary to acquire an occupied property for right of way and relocate all occupants (residential) and businesses within the property. In instances where it is necessary to acquire occupied buildings (either tenant or owner occupied), displaced residential, business, or non-profit occupants will be relocated to a replacement site. A relocation and displacement analysis is important to this project because property acquisition is required with all of the project alternatives What study area and evaluation process were used to analyze potential relocations and displacements? What is right of way? The CDOT Right of Way Manual (CDOT, 2011b) defines right of way as real property and rights therein used for the construction, operation, or maintenance of a transportation or related facility under Title 23, United States Code (USC). The study area used in this analysis is the construction limits of the project alternatives (collectively), as shown in Exhibit This exhibit shows the anticipated construction limits and the proposed permanent roadway footprint. For the purposes of the relocation analysis, the January

2 5.5 Relocations and Displacements I-70 East Final EIS anticipated construction limits extend five feet to 10 feet from the edge of the proposed permanent roadway footprint, 15 feet from walls, and 20 feet from bridges. Drainage easements are included within the construction limits; however, they are not anticipated to result in any relocations and displacements. Exhibit Relocations and Displacements Study Area The proposed permanent roadway footprint and the anticipated construction limits were overlaid with parcel data to identify the properties that require either full or partial acquisition. A parcel is considered a full acquisition if the construction impact limits encroach on a structure, remove all reasonable access, or acquire more than 20 percent of a parcel. The evaluation of parking areas located within a parcel occurred on a site-by-site basis. If more than 50 percent of parking is taken, a full acquisition is assumed. Potential acquisitions identified using this methodology represent a conservative estimate, based on conceptual design plans. All proposed alternatives consistently applied this methodology. After further refinement of design impacts and working with impacted property owners, certain assumed full acquisitions could become partial acquisitions Acquisition Full acquisition occurs when the construction impact limits encroach on a structure, remove all reasonable access, or acquire more than 20 percent of a parcel. Partial acquisitions include all other impacted parcels January 2016

3 I-70 East Final EIS 5.5 Relocations and Displacements and vice versa. All parcel data are obtained from the Denver and Adams County tax assessors databases. Potentially affected parcels were field verified by the project team to prevent misclassification due to dated or inaccurate records. Properties identified as full acquisitions are reviewed to determine the number and type of potential relocations. Types of relocations and displacements The categories of potential relocations and displacements include the following: Residential. Any property with single-family or multi-family housing structure(s). Business. Any property with commercial or industrial structure(s) and/or storage yards. This includes government-owned property, such as Denver or CDOT properties. Non-Profit. Any property owned by a non-profit organization with a structure providing services to the community. The relocation reports used to summarize relocation effects for each neighborhood by alternative are included in Appendix A of Attachment G, Conceptual Stage Relocation Technical Report Addendum. The technical report also considers the availability of resources needed to accomplish the necessary relocations. Governmental and non-profit agencies that may be able to help displacees affected by the project also are included in the technical report What are the residential relocations and displacements? All of the residential relocations that result from the proposed project alternatives are located in the Elyria and Swansea Neighborhood. No residential relocations are anticipated by any of the alternatives from the Globeville, Northeast Park Hill, Stapleton, Montbello, Aurora, or Gateway Neighborhoods. Exhibit summarizes potential residential relocation impacts anticipated under each of the alternatives. These numbers have changed since the Supplemental Draft EIS due to revised construction limits for the Partial Cover Lowered Alternative and more refined relocation information in all alternatives. Has CDOT started purchasing property? As allowed under 23 CFR , Early Acquisition, the State may initiate acquisition of real property at any time it has the legal authority to do so based on program or project considerations. The State may undertake early acquisition for corridor preservation, access management, or other purposes. In September 2013, CDOT began the early acquisition of properties to assist with implementation of the Preferred Alternative. The majority of these property acquisitions would be required by more than one of the proposed alternatives. Advanced purchase of property for this project has not influenced this environmental impact study, including: (i) The decision on need to construct the project (ii) The consideration of alternatives (iii) The selection of the design or location Properties already purchased are still included in this document as an impacted property under all applicable alternatives. January

4 5.5 Relocations and Displacements I-70 East Final EIS Exhibit Residential Relocations by Alternative Residential Relocations Alternative/Option Total Residential Owner- Occupied 1 Tenant- Occupied No-Action Alternative, North Option No-Action Alternative, South Option Revised Viaduct Alternative, North Option Revised Viaduct Alternative, South Option Partial Cover Lowered Alternative Source: Attachment G, Conceptual Stage Relocation Technical Report Addendum 1. Occupancy status of owner-occupied housing determined by Denver and Adams County Assessor data. As shown in Exhibit 5.5-2, the total number of residential relocations estimated for each alternative ranges from 13 residences (No-Action Alternative, South Option) to 56 residences (Partial Cover Lowered Alternative). For all three alternatives plus their options, the majority of residential relocations are tenant occupied. As identified in Section 5.2, Social and Economic Conditions, many of the potentially relocated households in the Elyria and Swansea Neighborhood are considered low income. Mitigation measures to address low-income and minority impacts are identified in Section 5.3, Environmental Justice. No-Action Alternative The number of residential relocations anticipated in the Elyria and Swansea Neighborhood is comparable between the Expansion Options of the No-Action Alternative. The option to shift I-70 to the north will result in 15 residential relocations. These residences are located on the 4600 block between High Street and Fillmore Street, as shown on Exhibit Changes in relocations since the Supplemental Draft EIS Through the advance acquisition process and public comments received on the Supplemental Draft EIS, some property descriptions have been corrected to reflect their current condition. For example, a property may have been previously identified as a single-family residence when it was actually a duplex, or vice versa, thus affecting the overall number of relocations required. These corrections were applied to all alternatives under consideration. As a result, relocation numbers may vary from those identified previously in the Supplemental Draft EIS January 2016

5 I-70 East Final EIS 5.5 Relocations and Displacements Exhibit No-Action Alternative, North Option Residential Relocations The option to shift I-70 to the south will result in 13 residential relocations. These residences are located on the 4500 block between Josephine Street and Milwaukee Street, as shown on Exhibit Exhibit No-Action Alternative, South Option Residential Relocations January

6 5.5 Relocations and Displacements I-70 East Final EIS Revised Viaduct Alternative The Revised Viaduct Alternative includes Expansion Options to expand the roadway either to the north or to the south. The option to expand the roadway to the north will result in 38 residential relocations. These residences are located north of I-70 on the 4600 block between Williams Street and St. Paul Street and on the south side of I-70 on the 4500 block between Clayton Street and Milwaukee Street, as shown on Exhibit Exhibit Revised Viaduct Alternative, North Option Residential Relocations The option to expand the roadway to the south will result in 44 residential relocations. As shown on Exhibit 5.5-6, potential residential relocations are located on the south side of I-70 on the 4500 block between Josephine Street and Madison Street. This option also requires relocations on the north side of I-70 in the 4600 block between Williams Street and Vine Street and on Fillmore Street. Partial Cover Lowered Alternative The Partial Cover Lowered Alternative will expand the roadway to the north and will result in 56 residential relocations. As shown on Exhibit 5.5-7, all of the relocations will be from the north side of I-70 on the 4600 block between Williams Street and Milwaukee Street January 2016

7 I-70 East Final EIS 5.5 Relocations and Displacements Exhibit Revised Viaduct Alternative, South Option Residential Relocations Exhibit Partial Cover Lowered Alternative Residential Relocations January

8 5.5 Relocations and Displacements I-70 East Final EIS Managed Lanes Option The inclusion of the Managed Lanes Option with either the Revised Viaduct Alternative or the Partial Cover Lowered Alternative will not change the number of potential residential relocations. Available housing Based on 2012 property information, the individual tax value of impacted residential property located in the Elyria and Swansea Neighborhood ranges from a low of $36,300 to a high of $210,400. The median tax value is approximately $85,000. In December 2012, using the REcolorado.com website, properties for sale within Elyria and Swansea and surrounding neighborhoods ranging in value from $85,000 to $250,000 were researched, resulting in 152 available properties. No available rental homes (including duplexes) were found in classified ads on the Denver Post, Zillow, Craig s List, or Colorado Housing Search websites in Elyria and Swansea or surrounding neighborhoods. According to Zillow s website, as of July 16, 2015, there were 881 units for rent in all other Denver neighborhoods combined. It is anticipated that additional listings for rental properties from other websites, combined with those listed on Zillow, offer an adequate supply of replacement housing in the Denver area. Apartments, condominiums, and townhomes provide additional sources of available rental properties. Current market conditions indicate that an adequate supply of decent, safe, and sanitary (DSS) replacement housing is available to support the residential displacements that result from any of the project alternatives. Exhibit shows the values of owner-occupied households relocated by the alternatives. All of these households are located in the Elyria and Swansea Neighborhood. The majority of households impacted by each alternative have homes valued between $50,000 and $99,999. No homes are valued at $150,000 or more. What is tax value of property? Tax value is the actual value of real estate property (including land and improvements) on which a local government bases property tax January 2016

9 I-70 East Final EIS 5.5 Relocations and Displacements Exhibit Property Value of Relocated Owner-Occupied Households by Alternative/Option (Land and Improvements) Source: Supplement Draft EIS Attachment G, Conceptual Stage Relocation Technical Report; Denver Assessor s Office Will there be any business relocations? Exhibit summarizes potential business and non-profit relocation impacts anticipated under each of the alternatives by neighborhood. These numbers have changed since the Supplemental Draft EIS due to revised construction limits and more refined relocation information. The majority of business relocations associated with all of the alternatives will occur in the Elyria and Swansea Neighborhood, as shown on Exhibit through Exhibit All of the design options under both of the Build Alternatives will require three business relocations from the Northeast Park Hill Neighborhood and one business relocation in the Stapleton Neighborhood. No business relocations are anticipated with any of the alternatives in the Globeville, Montbello, Aurora, and Gateway Neighborhoods. January

10 5.5 Relocations and Displacements I-70 East Final EIS Exhibit Business and Non-Profit Relocations by Alternative and Neighborhood Alternative/ Option Neighborhood Business Relocations Non-Profit Relocations No-Action Alternative, North Option No-Action Alternative, South Option Elyria and Swansea 5 1 Total 5 1 Elyria and Swansea 15 Total 15 Elyria and Swansea 10 1 Revised Viaduct Alternative, North Option Northeast Park Hill 3 Stapleton 1 Total 14 1 Elyria and Swansea 22 1 Revised Viaduct Alternative, South Option Northeast Park Hill 3 Stapleton 1 Total 26 1 Elyria and Swansea 13 1 Partial Cover Lowered Alternative Northeast Park Hill 3 Stapleton 1 Total 17 1 Source: Attachment G, Conceptual Stage Relocation Technical Report Addendum Note: There is no difference in the number of business or non-profit relocations as a result of the Managed Lanes Option Attachment G, Conceptual Stage Relocation Technical Report Addendum, provides an estimate of business relocations, including those that are within an alternative s right-of-way limits and businesses that are likely to lose access. Project alternatives will relocate between five (No- Action Alternative, North Option) and 26 businesses (Revised Viaduct Alternative, South Option) January 2016

11 I-70 East Final EIS 5.5 Relocations and Displacements No-Action Alternative The option to shift I-70 to the north will result in approximately five business relocations. All five of these businesses are located in the Elyria and Swansea Neighborhood near the York Street interchange, as shown on Exhibit Included in these relocations are a liquor store and a convenience store at 2381 East 46th Avenue and the Colonial Manor Motel located at 2615 East 46th Avenue. Exhibit No-Action Alternative, North Option Business Relocations The option to shift I-70 to the south will result in approximately 15 business relocations. All 15 of these businesses are located in the Elyria and Swansea Neighborhood, as shown on Exhibit Ten out of the 15 businesses to be relocated with this option are located on 46th Avenue (under or adjacent to the existing viaduct). This option also will result in the relocation of the Nestlé Purina PetCare Company manufacturing facility located at 2151 East 45th Avenue. Another large warehouse facility that will be relocated by this alternative is the Manna Pro Products Company located south of the existing viaduct on Madison Street. January

12 5.5 Relocations and Displacements I-70 East Final EIS Exhibit No-Action Alternative, South Option Business Relocations Revised Viaduct Alternative The Revised Viaduct Alternative, North Option will require 14 business relocations. Ten of the 14 businesses are located in the Elyria and Swansea Neighborhood, as shown on Exhibit Almost half of the business relocations in the Elyria and Swansea Neighborhood are located along 46th Avenue. The other four business relocations are shown on Exhibit and include three in the Northeast Park Hill Neighborhood (two located at 5175 East Stapleton Drive North and one at 5601 East Stapleton Drive North), with the final business relocation being the CDOT maintenance yard located in the southwest corner of the Havana Street interchange with I-70. Similar to the No-Action Alternative, North Option, this option will require the relocation of the Colonial Manor Motel located at 2615 East 46th Avenue, plus the Pilot Travel Center and Sno-White Linen and Uniform Company, both located on 46th Avenue, and the Penske Truck Rental facility located at 4605 Jackson Street January 2016

13 I-70 East Final EIS 5.5 Relocations and Displacements Exhibit Revised Viaduct Alternative, North Option Business Relocations in the Elyria and Swansea Neighborhood Exhibit Business Relocations in the Northeast Park Hill and Stapleton Neighborhoods January

14 5.5 Relocations and Displacements I-70 East Final EIS The Revised Viaduct Alternative, South Option will require the most business relocations of all the proposed alternatives 26 in total. This includes 22 businesses in the Elyria and Swansea Neighborhood. Approximately 13 out of these 22 business relocations are located along 46th Avenue, as shown on Exhibit Businesses impacted include the Pilot Travel Center at 3223 East 46th Avenue and Penske Truck Rental located at 4605 Jackson Street. Exhibit Revised Viaduct South Option Business Relocations in the Elyria and Swansea Neighborhood The remaining four business relocations are the same four identified with the Revised Viaduct Alternative, North Option: three businesses from the Northeast Park Hill Neighborhood and the CDOT maintenance yard in the Stapleton Neighborhood, as shown on Exhibit Similar to the No-Action Alternative, South Option, this option will require the relocation of the Nestlé Purina PetCare Company manufacturing facility located at 2151 East 45th Avenue and the Manna Pro Products Company located on Madison Street January 2016

15 I-70 East Final EIS 5.5 Relocations and Displacements Partial Cover Lowered Alternative The Partial Cover Lowered Alternative will require 17 business relocations. All but four of the business relocations are from the Elyria and Swansea Neighborhood, as shown on Exhibit Nine of the 13 business relocations from the Elyria and Swansea Neighborhood are located on 46th Avenue. Similar to both the No-Action Alternative, North Option and the Revised Viaduct Alternative, North Option, the Partial Cover Lowered Alternative will require the relocation of the Colonial Manor Motel at 2615 East 46th Avenue, the Pilot Travel Center, and Sno-White Linen and Uniform Company (both located on 46th Avenue). In addition, this option also will require the relocation of Penske Truck Rental located at 4605 Jackson Street. The Partial Cover Lowered Alternative also will require relocation of the same three businesses in the Northeast Park Hill Neighborhood and the CDOT maintenance yard in the Stapleton Neighborhood, as shown on Exhibit Exhibit Partial Cover Lowered Alternative, Business Relocations in the Elyria and Swansea Neighborhood Managed Lanes Option With or without the Managed Lanes Option, the number of business relocations is the same for each of the Build Alternatives. January

16 5.5 Relocations and Displacements I-70 East Final EIS Unique factors with business relocations Unique factors associated with business relocations are considerations with each alternative and option. For example, several of the potential business displacements involve manufacturing and/or distribution that rely on access from railroad lines for transporting goods or receiving materials. Many of these businesses occupy large parcels or multiple sites. The total operation needs of a business are considered when determining business relocations. The Nestlé Purina PetCare Company and Manna Pro are two examples of business relocations that require this kind of consideration. Several storage yards have been identified within the study area neighborhoods. Zoning and land use codes, environmental regulations, hazardous waste concerns, and effects to surrounding properties are a few of the issues encountered when attempting to relocate these businesses to a replacement site that meets the needs of the business. Due to the very specific nature of such industrial sites, availability of replacement sites has not been determined at this time. Additional research, including contact with those potentially displaced, is needed to adequately evaluate the feasibility of a relocation, as well as determine the availability of suitable replacement sites. Since many of the business relocations are industrial and manufacturing in nature, the potential for hazardous waste or use of hazardous materials in the manufacturing process is high. There are several storage yards in the study area neighborhoods, including the Pilot Travel Center, DJV Transmission, and Sno-White Linen and Uniform, that are potential candidates for hazardous materials. Section 5.18, Hazardous Materials, includes information regarding potential sites where hazardous materials may be present and how they will affect considerations for business relocations. Available business locations Neighborhoods in the study area have many commercial sites that are improved with warehouse-type buildings occupied by multiple tenants, ranging from business offices and service-related industries to manufacturing plants. There are many additional warehouse complexes located within the immediate area of potential relocations and displacements. Signs advertising available space were seen on many of the potential replacement sites. New warehouse January 2016

17 I-70 East Final EIS 5.5 Relocations and Displacements sites are being developed along the I-70 corridor east of the I-270 interchange. Considering these factors, it is anticipated that adequate replacement sites will be available for relocated warehouse occupants. Temporary disruption of services during relocation is not anticipated to create any severe hardships to patrons in the area. As explained in the Supplemental Draft EIS Attachment G, Conceptual Stage Relocation Technical Report, similar business services will remain available Will there be any non-profit relocations? There is one non-profit business located in the study area. All of the alternatives and options, except the No-Action Alternative, South Option, require the relocation of the Ministry Outreach Center located at 3501 East 46th Avenue. The Ministry Outreach Center is part of the Denver Rescue Mission, which is a Section 501(c)3 non-profit organization dedicated to serving the needs of the homeless and needy in the Denver metropolitan area. As previously noted, there are a large number of commercial sites with improved warehouse-type buildings in the project area to help relocate this non-profit operation. Special consideration will be made to continue services provided to the local community during the relocation process How are the negative effects from land acquisition by the project alternatives mitigated? Any person(s) whose property needs to be acquired for the Preferred Alternative will be compensated according to the U.S. Constitution and the Uniform Act of 1970, as amended. CDOT s Right of Way Manual (CDOT, 2011) provides additional guidance on policies and procedures relating to right-of-way acquisition and their relocation program. Acquisition The Fifth Amendment of the U.S. Constitution provides that private property may not be taken for a public use without payment of just compensation. Additionally, the Uniform Act is a federally mandated program that applies to all acquisitions of real property or displacements of persons resulting from federal or federally assisted programs or projects, such as the implementation of project alternatives. The Uniform Act was created to provide for and ensure that January

18 5.5 Relocations and Displacements I-70 East Final EIS just compensation for government-acquired land is applied uniformly. CDOT requires Uniform Act compliance on any project for which it has oversight responsibility, regardless of the funding source. CDOT will notify all impacted owners of the intent to acquire an interest in their property, including a written offer letter of just compensation specifically describing those property interests. A right-of-way specialist will be assigned to each property owner to help them with this process (CDOT, 2011). Relocation The Uniform Act helps individuals both financially and with advisory services related to relocating their residence or business operation. Uniform Act benefits are available to both owner occupants and tenants of residential or business properties. In some situations, only personal property must be moved from the real property, which also is covered under the relocation program. As soon as feasible, any person scheduled to be displaced must be furnished with a general written description of CDOT s relocation program that provides, at a minimum, detailed information related to eligibility requirements, advisory services and assistance, payments, and the appeal process. Relocation benefits will be provided to all eligible persons regardless of race, color, religion, sex, or national origin. Benefits under the Uniform Act, to which each eligible owner or tenant may be entitled, will be determined on an individual basis and explained to them in detail by an assigned right-of-way specialist (CDOT, 2011). CDOT also will provide notification that the displaced persons are not required to move without at least 90 days advance written notice. For residential relocations, this notice cannot be provided until a written offer to acquire the subject property has been presented, and at least one comparable replacement dwelling has been made available. All of the residential displacements occur in the Elyria and Swansea Neighborhood and include both single-family and multi-family units. As previously noted, Spanish is the primary language for 40.8 percent of the residents in this neighborhood. As a result, bilingual services will be provided for any of the relocated and displaced businesses or households that need it January 2016

19 I-70 East Final EIS 5.5 Relocations and Displacements Because home prices in the Elyria and Swansea neighborhood are relatively low compared to other neighborhoods in the Denver area, there is the concern that residents will not be able to find a home of comparable value and might be forced to make tradeoffs in housing condition and location. Residents will not be required to move unless at least one comparable DSS replacement unit is available. Decent, safe, and sanitary standards are established by federal regulations and conform to applicable local housing and occupancy codes. CDOT will provide comparable replacement housing that is DSS and within the resident s financial means, before any residents will be required to move. If such comparable replacement housing is not available, the regulations allow the agency to provide a replacement housing payment in excess of the statutory maximum as part of the Last Resort Housing process. More information regarding FHWA relocation regulations is available at index.html. Relocation assistance will be made available to businesses, including move reimbursement, relocation notification, and re-establishment expenses. For business owners who choose not to re-establish, compensation will be made available. CDOT will meet directly with those owners and occupants who would be relocated as a result of the proposed project. CDOT staff will conduct multiple meetings with these individuals to provide an introduction and overview of the process associated with the Uniform Act. CDOT will provide information on resources available, including assistance from local, state, and federal agencies, and private agencies in the community. These meetings also will identify individual eligibility for benefits. Exhibit shows a summary of the impacts and mitigations related to relocations and displacements. Additional mitigation measures to address potential Environmental Justice impacts resulting from any relocations and displacements are identified in Section 5.3, Environmental Justice. What is Last Resort Housing? The law requires that comparable DSS housing within a person's financial means be made available before that person may be displaced. When such housing cannot be provided by using replacement housing payments, the agency provides for "Last Resort Housing." Housing of last resort may involve the use of replacement housing payments that exceed the maximum amounts (U.S. Department of Housing and Urban Development, 2013). January

20 5.5 Relocations and Displacements I-70 East Final EIS Exhibit Summary of Relocations and Displacements Impacts and Mitigations Alternative/ Option Impacts and/or Benefits Mitigation Measures Applicable to All Alternatives No-Action Alternative, North Option No-Action Alternative, South Option Revised Viaduct Alternative, North Option Revised Viaduct Alternative, South Option Partial Cover Lowered Alternative 15 residential relocations 6 business relocations (includes 1 non-profit relocation) 13 residential relocations 15 business relocations 38 residential relocations 15 business relocations (includes 1 non-profit relocation) 44 residential relocations 27 business relocations (includes 1 non-profit relocation) 56 residential relocations 18 business relocations (includes 1 non-profit relocation) Compensate any person(s) whose property needs to be acquired according to the U.S. Constitution and the Uniform Act of 1970, as amended Provide all impacted owners notification of the acquiring agency s intent to acquire an interest in their property, including a written offer letter of just compensation specifically describing those property interests; assign a right of way specialist to each property owner to assist them with this process Provide bilingual services for any of the relocated and displaced businesses or households that need them Meet directly with those owners and occupants who would be relocated as a result of the proposed project; conduct multiple meetings with these individuals to provide an introduction and overview of the process associated with the Uniform Act; provide information on resources available, including assistance from local, state, and federal agencies, and private agencies in the community; identify individual eligibility for benefits January 2016