ADOPTION OF TEXT CHANGES TO THE TOWN OF HEMPSTEAD … · Adoption of Text Changes to the Town of...

ENVIRONMENTAL ASSESSMENT FORM (EAF) PARTS 1, 2 AND 3

ADOPTION OF TEXT CHANGES TO THE TOWN OF HEMPSTEAD BUILDING ZONE ORDINANCE (BZO)

PROPOSED CHAPTER XLI – REGIONAL SHOPPING MALL

Prepared for: Town Board Town of Hempstead One Washington Street, First Floor Hempstead, New York 11550 Contact: Joe Ra, Town Attorney (516) 812-3188 Prepared by: Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Contact: Charles Voorhis, CEP, AICP (631) 427-5665 Date: August 1, 2013 Revised August 28, 2013

Adoption of Text Changes to the Town of Hempstead Building Zone Ordinance (BZO)

EAF Parts 1, 2 and 3

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TABLE OF CONTENTS Page COVER SHEET TABLE OF CONTENTS i 1.0 INTRODUCTION 1

2.0 RATIONALE FOR THE PROPOSED ACTION 2 3.0 DESCRIPTION OF THE PROPOSED ACTION 3 4.0 BASELINE AND BUILD-OUT SCENARIOS 7

4.1 Description of Build-Out Scenarios 7 4.2 Results of Build-Out Analyses 8 4.3 Analysis of Yield Differences 11

5.0 ANALYSIS OF ANTICIPATED IMPACTS 13

5.1 Impact on Land 14 5.2 Impact on Transportation 15 5.3 Impact on Growth & Character of Community or Neighborhood 15 5.4 General Impact Potential 17

6.0 SUMMARY AND CONCLUSION 18 6.1 Summary 18 6.2 Conclusion 20

LIST OF TABLES Table 1 BZO Comparison 5 Table 2a Comparison of Development, Roosevelt Field Mall 9 Table 2b Comparison of Development, Green Acres Mall 10 Table 3a Impact Assessment Matrix, Roosevelt Field Mall 12 Table 3b Impact Assessment Matrix, Green Acres Mall 13 LIST OF FIGURES Figure 1 Regional Location Map Figure 2A Location Map- Roosevelt Field Mall Figure 2B Location Map-Green Acres Mall Figure 3A Aerial Photograph-Roosevelt Field Mall Figure 3B Aerial Photograph-Green Acres Mall Figure 4 Sewer Districts Figure 5 Water Districts Figure 6 Solid Waste Districts Figure 7A Topography-Roosevelt Field Figure 7B Topography-Green Acres Figure 8A Health & Safety- Roosevelt Field



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Figure 8B Health & Safety-Green Acres Figure 9A Parks-Roosevelt Field Figure 9B Parks-Green Acres Figure 10A Public Lands-Roosevelt Field Figure 10B Public Lands-Green Acres Figure 11A- OPRHP- Roosevelt Field Figure 11B OPRHP-Green Acres Figure 12A NYSDEC Freshwater Wetlands- Roosevelt Field Figure 12B Wetlands- Green Acres Figure 13 Water Table Contour Map LIST OF APPENDICES: A Proposed Building Zone Ordinance Text Changes B Environmental Assessment Form (EAF) Parts 1 and 2 C Parking Assessment D Build-Out Scenario, Roosevelt Field Mall, Existing BZO E Build-Out Scenario, Roosevelt Field Mall, Proposed Action F Build-Out Scenario, Green Acres Mall, Existing BZO G Build-Out Scenario, Green Acres Mall, Proposed Action



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1.0 Introduction This document provides an analysis of the anticipated environmental impacts of the Proposed Action, which involves the adoption of changes to the text of the Town of Hempstead’s Building Zone Ordinance (“BZO”) that would establish common design controls, bulk and parking requirements specific to Regional Shopping Malls1 within the Town of Hempstead (“Town”). Presently, Regional Shopping Malls are regulated under separate and wide ranging zoning requirements. These Regional Shopping Malls have design and use considerations that differ from other smaller scale, stand-alone or strip retail/shopping centers, particularly with respect to the number of uses within the malls and the interior (non-retail) common spaces. Therefore, the primary intent the proposed BZO amendment is to establish common design controls, bulk and parking requirements for this use, as well as to establish a simplified means for calculation of off-street parking requirements and an established method to document changes of uses within a regional shopping mall. A copy of the proposed BZO text changes is included as Appendix A. The Proposed Action is limited to the legislative action of establishing the above described BZO amendments. No site-specific development is contemplated under this Proposed Action. The proposed BZO amendments would apply to any property within the Town that meets the proposed definition of a Regional Shopping Mall. Presently, there are two locations in the Town that meet the proposed definition: 1) the Roosevelt Field Mall in Garden City and 2) the Green Acres Mall in Valley Stream (see Figures 1, 2A and 2B). Any future site-specific development contemplated for a property meeting the Regional Shopping Mall definition will be subject to review pursuant to the proposed Article XLI and the BZO of the Town, as well as site-specific environmental review pursuant to the State Environmental Quality Review Act (“SEQRA”). To evaluate the change that could result from the proposed code amendment, the analysis contained herein is aimed toward a quantitative method of determining if the Proposed Action would cause significant and/or adverse environmental impacts from the potential change in the density of development and/or the intensity of use of either or both of the two existing Regional Shopping Mall properties (as defined by the Proposed Action) in the Town (i.e., Roosevelt Field Mall and Green Acres Mall). The analysis establishes a baseline of existing development, and projects a “build-out” of each of these two malls (one under the existing zoning requirements and one pursuant to the proposed Article XLI BZO amendment). This provides a basis for the purpose of SEQRA analysis which will include quantitative and qualitative impact analysis, and fulfills the requirement to take a “hard look” at the potential adverse environmental impacts of the Proposed Action involving BZO text changes. The build-outs compare what would be allowed under the current BZO regulations against what would be allowable under the proposed BZO (i.e., under the Proposed Action). An analysis of the differences between these two yields allows the impacts of only the Proposed Action to be discerned and, thereby, evaluated.

1 A “Regional Shopping Mall” is defined according to the proposed Article XLI ordinance as a Shopping Center with more than 1,000,000 SF of Gross Leasable Area (“GLA”) contained within a single building, and incorporating three (3) or more anchor stores, and over fifty (50) specialty shops (see Appendix A).



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This document includes Section 2.0 (Rationale for the Proposed Action), Section 3.0 (Description of the Proposed Action), followed by Section 4.0, which discusses the build-out analyses for each of the two mall sites that are the subject of the Proposed Action. Once the build-out scenarios are established, the differences in yields that could occur on each of the two mall properties will be the basis for the impact analyses in Section 5.0, Analysis of Anticipated Impacts. This EAF Part 3 concludes with a Summary and Conclusion on the Proposed Action, presented in Section 6.0. This Environmental Assessment Form (“EAF”) Parts 1, 2 and 3 has been prepared to assist the Town Board in assessing the potential adverse environmental impacts of the Proposed Action. The EAF Parts 1 and 2 have been prepared and are included in Appendix B of this document. This EAF Part 3 ensures that the Town Board has the necessary and appropriate analysis it needs to take the required “hard look” at the anticipated impacts of the Proposed Action prior to issuing a Determination of Significance pursuant to Title 6, New York Code of Rules and Regulations (“6NYCRR”) Part 617, as administered by the Town of Hempstead Town Board (“Town Board”). 2.0 Rationale for the Proposed Action The following provides useful background information outlining the rationale for the Town Board to undertake the Proposed Action. Regional shopping malls differ both in design and function from other smaller scale, stand-alone or strip retail/shopping centers, particularly with respect to the number of uses and the interior (non-retail) common spaces provided in malls. Where stand-alone or strip retail/shopping centers are typically 100 percent leasable floor area, regional shopping malls incorporate areas of non-retail (non-leasable) interior pedestrian corridors/common areas. Regional shopping malls also serve as destinations providing a wider diversity of retail options, and are typically comprised of a cluster of general merchandise, specialty stores, restaurants, entertainment etc., while a smaller retail development is typically oriented for specific uses, such as a drug store or a grocery store, etc. Customers are more likely to visit multiple stores within the mall during their trip, as compared to “big box” retail or strip retail centers. Regional shopping malls also differ from smaller scale retail in that their customer trade area is at a regional level, generally 5 to 25 miles, while a smaller commercial development typical draws its customers from the local market. Under the current BZO, retail and commercial use (including shopping malls) are permitted uses in multiple zoning districts, including the X Business District, the LM Light Manufacturing District, and the Y Industrial District. Consequently, the parameters regulating this use differ from district to district, which results in significantly different bulk requirements for the same use. There are no specific design requirements for a Regional Shopping Mall. For example, a Regional Shopping Mall having over 1 million SF of gross leasable area (“GLA”) can be built with a 20-foot deep front yard setback, a 10-foot deep rear yard setback, and a 0-foot deep buffer from residential zoning, which is similar to any small commercial development as long as applicable parking requirements are met.



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Given the differences in design, scale and function of Regional Shopping Malls from other smaller retail uses, the development of regulations specific to Regional Shopping Mall uses was found to be desirable. An additional motivation for the Proposed Action is to simplify and rationalize the BZO standard for minimum parking capacity specific to the Regional Shopping Mall land use. Presently, the basis and requirement for calculating the number of spaces required for Regional Shopping Malls is the same as other “big box” or strip center retail uses, and is based on individual uses. The parking requirement does not account for shared trips (a user visiting multiple stores during a single trip) that are common for Regional Shopping Mall uses. A separate parking allocation is currently required for restaurants, even though many of the restaurant uses in the malls support the customers visiting the mall for retail shopping purposes. As a result of the current BZO parking requirements, a substantial number of parking spaces are required to be provided under the current parking requirements than are not actually used (see Appendix C). This results in excessive and unnecessary paved surfaces (which generate excessive volumes of stormwater runoff to be handled in drainage systems), and reduced ability to provide buffering landscaping (which would serve as heightened visual mitigation at these properties). Additionally, parking allocations for the entire mall are currently required to be reviewed for each application involving a minor tenant change within the mall. As noted by the Parking Analysis (Appendix C), in a multiuse development like a Regional Shopping Mall, there is a symbiotic relationship between the multiple entities that comprise the shopping mall. There may be some single purpose trips made to the shopping mall; however, a significant portion of the trips to the shopping mall will result in multiple visits to various stores and services within the mall. Trips to the stores, restaurants, movie theaters create the opportunity for multi-purpose trips and thus shared parking. Given this interaction, the need for parking within a shopping mall must be viewed not as a standalone use, but as a cohesive mix of retail and support businesses, resulting in a combined parking generation rate that will be lower than if the shopping mall was viewed as only separate and individual uses within the site. The Parking Analysis includes a review of parking demand based on nation-wide parking surveys of malls/shopping centers and the results of parking surveys conducted in July 2013 (Saturdays) for each of the two Regional Shopping Malls. Based on the results of these surveys and nation-wide data, a parking ratio of 4.5/1,000SF of GLA is recommended as part of the BZO text changes (see Appendix C). The Proposed Action (i.e., to implement Article XLI/Regional Shopping Malls) therefore provides a consolidated set of regulations which would shape the future development pattern of new and existing Regional Shopping Malls in the Town of Hempstead. It provides for multiple development parameters used for land planning and development controls such as limits on floor area ratio (“FAR”) as well as building coverage and parking required. Parking requirements are proposed to be simplified for regional shopping malls based on a flat rate of GLA rather than individual uses (so long as restaurant and theater uses do not exceed ten percent of the GLA). 3.0 Description of the Proposed Action The Proposed Action involves a proposed addition of a new chapter XLI of the Building Zone Ordinance of the Town of Hempstead, establishing regulations for “regional shopping malls”.



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The changes are presented in a new Article XLI (Regional Shopping Mall), in which the specific requirements and standards for development of such a use are proposed. The basic provisions of the proposed Article XLI include:

the establishment of a definition for a “Regional Shopping Mall” as a shopping center (integrated group of establishments, comprised usually but not exclusively of retail and personal service establishments, that is planned, developed, managed, and function as an integrated unit) with a minimum of 1,000,000 square feet (“SF”) of “Gross Leasable Area” (“GLA) within a single building, in Article XLI, Section 416;

the establishment of a definition for GLA in Article XLI, Section 416, to better define the floor areas that is leasable (rather than pedestrian/common space) within Regional Shopping Malls to serve as a basis for calculating required parking;

the establishment of “area requirements” specific to a Regional Shopping Mall use, in Article XLI, Section 417, including:

o minimum lot size, o increased building setbacks (both from the perimeter property lines of the overall

mall use and greater setbacks established from residential land uses), o maximum building height and number of stories (75 feet and four stories), o maximum building coverage (fifty percent), o maximum floor-area ratio (“FAR”) (0.70 for Regional Shopping Malls having a

total Floor Area greater than or equal to 3,000,000 square feet; 0.75 for Regional Shopping Malls having a total Floor Area less than 3,000,000 square feet; maximum FAR not to exceed 3,600,000 square feet), and

o maximum impervious coverage for the overall Regional Shopping Mall lot of ninety percent;

the establishment of flat rate for the minimum number of parking spaces to be provided for a Regional Shopping Mall based on GLA (4.5 stalls per 1,000 SF of GLA) in Article XLI, Section 418, including all uses so long as no more than ten percent of the overall GLA is used for restaurants and/or theaters;

the inclusion of a provision to limit the number of overall parking spaces that can be provided as structured parking, as well as establishing a provision for compact vehicle parking and parking stall design standards, in Article XLI, Section 418;

the inclusion of “screening and landscaping requirements” in Article XLI, Section 419, to establish requirements for a landscaped buffer adjacent to residential uses, ten foot wide perimeter parking lot buffer and landscaping requirement within parking lots (five percent of the parking lot provided with landscaped islands);

the inclusion of requirements and design standards for “sidewalks, pedestrian walkways & crosswalks”, in Article XLI, Section 420; and

the inclusion of “enforcement regulations” describing applicability and application requirements of such regulation, including additional submission requirements.

The Proposed Action is limited to the legislative action of establishing the above described BZO amendments. More specifically, the action is aimed at establishing common design controls, bulk and parking requirements appropriate for this use (including a simplified means for calculating off-street parking requirements recognizing that shared parking that occurs more



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regulations that will apply to all sites meeting the definition of a Regional Shopping Mall, and because the extent and timing of any future improvements on such sites is not known. Any future site-specific development contemplated for a property meeting the Regional Shopping Mall definition will be subject to review pursuant to the proposed Article XLI and the additional BZO requirements, as well as site-specific environmental review pursuant to SEQRA. The Town believes that the text changes will ensure a better form of development for such sites, with regulations that are more applicable to the specific use being regulated, in a manner that is less complicated and directly considers the specific use in the context of its surroundings. As a consolidated set of such regulations do not currently exist, there is an inherent benefit achieved by the Proposed Action as a result of improved site development controls of a specific type of large commercial use in the Town. 4.0 Baseline and Build-Out Scenarios 4.1 Description of Build-Out Scenarios As noted above, there are presently two Regional Shopping Malls in the Town of Hempstead. To evaluate the potential significant environmental impact of the proposed code amendments, a comparison of the “build-out” (or maximum reasonable development of the property based on the applicable zoning requirements and use) of each of the two Regional Shopping Malls was completed based on the existing zoning requirements and pursuant to the proposed Article XLI BZO amendment. Sketch plans for each of the build-out scenarios (provided in Appendices D-G) demonstrate the conceptual maximum reasonable additional development pursuant the applicable existing and proposed BZO requirements. This comparison is for the purpose of analysis pursuant to SEQRA, and allows for an effective determination of the impact of the BZO text changes. In developing the build-out scenarios for each site, several considerations were taken into account. Both Regional Shopping Mall properties involve multiple tax parcels, parcels located within multiple jurisdictions (i.e., the Village of Garden City in the case of Roosevelt Field Mall and the Village of Valley Stream in the case of Green Acres Mall) and parcels involving multiple ownerships (i.e., department stores that often own their buildings rather than lease). The intent of the code (Section 415) notes that “all parcels to be planned, developed and managed as an integrated development shall be considered as a single development lot for the purpose of applying the Article XLI requirements.” Therefore the bulk, dimensional, parking, and other requirements pursuant to the proposed BZO amendments would apply as if the separate tax lots (managed or operated by a single entity) were a single parcel. However, the Code specifies that parcels located within incorporated Villages (outside the jurisdiction of the Town) (and not previously included as part of an approved site plan) would be excluded from consideration on the site plan. A parcel may only be included on a site plan after notification to, and approval by, the adjoining incorporated Village where the parcel is located, and the review and approval of the site plan by the Town Board of Zoning Appeals (“BZA”). Therefore, for the purpose of the build-outs completed for this SEQRA analysis, parcels located in jurisdictions other than the Town of Hempstead were excluded from analysis (as the inclusion of these lots would require



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discretionary decisions), unless the parcels were part of a site plan previously approved by the Town BZA. Additionally, the build-out scenarios also considered development options that may be reasonable given the existing conditions at each location, with the intention to maximize potential site development. The sketch plans for the expansion of the Roosevelt Field Mall under the existing BZO is presented in Appendix D and the build out under the Proposed Action is presented in Appendix E. The sketch plans for the expansion of the Green Acres Mall under the existing and proposed BZO are presented in Appendices F and G, respectively. All four of these build-out scenarios are discussed in Section 4.2. 4.2 Results of Build-Out Analyses Roosevelt Field Mall Existing Zoning At the present time, Roosevelt Field Mall has approximately 3.22 million SF of floor area (2.17 million SF of GLA), and an existing FAR of 0.64. It is noted that the Roosevelt Field Mall was granted increases in permitted FAR to 0.696 FAR (per BZA Case #266, March 22, 1995, modified May 18, 1995). Since the 1995 BZA decision and the last approved site plan in 2010, additional land within the Town has been acquired by the owners of the Roosevelt Field Mall property. Based on its existing Y Industrial zoning, the mall could be expanded by approximately 95,000 SF of retail floor area and a 65,000 SF parking structure expansion to support this additional retail floor area. (This build-out assumes a 0.40 FAR applied to the newly acquired parcels, or an overall FAR of 0.671, inclusive of the newly acquired parcels located within the Town). Based on a similar proportion of retail to storage space, the GLA is estimated to be increased to 2,251,426 SF (an increase in GLA of 80,750 SF; 3.7 percent) (see Table 2a). Under existing conditions, the required parking for Roosevelt Field Mall is 10,429 parking spaces (or a parking ratio of 4.80 spaces/1,000 SF of GLA) and parking currently provided is 11,022 spaces (parking ratio of 5.08/1,000 SF). The build-out under the existing BZO requirements would require 10,862 spaces, which is a rate of 4.82 spaces/1,000 SF; the sketch plan (Appendix D) demonstrates that these spaces could be provided through a third-level expansion to an existing parking garage. Roosevelt Field Mall Proposed BZO Article XLI With approval of the Proposed Action, expansion to the Roosevelt Field Mall would be limited by a 0.70 FAR applied to all parcels included in the previously approved site plan, plus the parcels recently purchased within the Town. An application for an expansion to the Roosevelt Field Mall was submitted to the Town, and last updated in July 2013. The July 2013 plan was examined against the proposed Article XLI BZO amendments. This plan requests a 100,000 SF department store, 28,376 SF of additional retail stores, a 33,900± expansion to the existing northwest parking deck (263 spaces) and the construction of a 134,550± two-level parking deck over an existing parking area (939 spaces) (see Appendix E). The floor area represented on this plan is 3,520,798± SF (which is just below the maximum of 3.6 million SF proposed by the XLI amendments), and a FAR of 0.698 (which is just below the allowable 0.7 FAR permitted by the



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(4) Total parking provided including Sunrise Cinema parcel is 8,052 spaces. Green Acres Mall Proposed BZO Article XLI With approval of the Proposed Action, the Green Acres Mall expansion potential would be significantly decreased due to the introduction of building coverage and FAR requirements. The build-out under the proposed Article XLI amendments results in a possible 327,387± SF of additional retail floor area (approximately 294,648 SF of GLA) over existing conditions (see Table 2b and Appendix G). Two additional parking decks and a third story addition to an existing parking structure are estimated to be necessary to provide the required parking (4.5/1,000 SF). The reduction in potential build-out under the Proposed Action is approximately 1.20 million SF of GLA (4.99 million SF of floor area less than under the existing X Business requirements). Under the Proposed Action, the Green Acres Mall would require a minimum of 8,573 spaces (based on a rate of 4.5 spaces/1,000 SF), or approximately 8,060 fewer spaces than the number required for build-out under the existing BZO. It is also noted that expansions at the Green Acres Mall were last approved in 2005 based on a BZA parking variance. As noted in Appendix C, the existing parking utilization observed at the Green Acres Mall was well below the proposed parking rate of 4.5 spaces/1,000 SF of GLA and approximately 5.35 spaces/1,000 SF required under the existing BZO. As parking remains a limiting factor in the amount of additional development that may be achieved on the site, any future parking variances could translate to additional development potential. 4.3 Analysis of Yield Differences Roosevelt Field Mall In comparing the differences in yields under the existing zoning and the proposed Article XLI amendments (see Table 2a), the build-out analyses indicate that the proposed Article XLI amendments have the potential to increase the GLA of the Roosevelt Field Mall by 3,883 SF of GLA (136,888± SF of floor area) more than could be realized here under the existing BZO. It is noted that of the 136,888± SF of floor area, only 33,376 SF of floor area is attributed to retail space (103,512± SF of floor area is attributed to parking structure). The 33,376 SF of additional retail floor area (and estimated 3,883 SF of GLA) is a small increase of GLA compared to the existing mall GLA (0.18 percent). The impacts of this increase can be quantitatively evaluated, see Table 3a. Table 3a provides a generalized assessment of quantifiable parameters associated with this amount of development.



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review and the full environmental consequences of the Proposed Action are considered early in the regulatory process. As discussed in Section 1.0 and elsewhere herein, any future site-specific development contemplated for a property meeting the Regional Shopping Mall definition will be subject to review pursuant to the proposed Article XLI and the BZO of the Town, as well as site-specific environmental review pursuant to SEQRA. Review at that time will evaluate each of the resource categories based on the existing site conditions and capacities/availabilities of various resources based on the demand or potential impact of the site specific development proposed. It is noted that both existing Regional Shopping Malls are located adjacent to major roadways, and site-specific traffic analysis would be required to determine the capacity or roadway intersections at the time of proposed development. Similarly, the Regional Shopping Malls are on sites presently developed, with connections to existing utilities, public water and sewer systems (see Figures 4-13). Although the sites are currently developed and served by services existing within the community, further evaluation may be appropriate to determine the availability of these services, as well as community services such as ambulance, fire and police protection, through site-specific review based the details of the proposed site improvements/site plans at the time such development may be proposed. Based on the Part 2 EAF, the following resource evaluations are provided with respect to small to moderate impact categories. 5.1 Impact on Land - Will the Proposed Action result in a physical change to the project site? As the Proposed Action involves only changes in the Town’s BZO, no physical changes to either of the two Regional Shopping Malls are proposed. As a result, the Proposed Action would not cause any direct physical impacts at these locations. Roosevelt Field Mall The excess of 136,888 SF of floor area that would occur with the Proposed Action would necessitate land disturbance and grading of land that abuts the existing mall structure. Assuming 2-story development, it is estimated that this acreage would total about 1.87 acres; as the Roosevelt Field Mall property is 115.7 acres in size, this amount of additional grading and land disturbance would not be expected to have a significant or adverse impact, particularly as such expansion would occur on surfaces that are already developed and so would not feature any significant resources as long as proper protections, such as erosion control and construction best management practices are implemented. Green Acres Mall The reduction of potential additional retail development at the Green Acres mall would have beneficial impacts, as significantly less land would be subject to additional grading and land disturbance for expansion. That is, assuming multi-story expansion areas, an estimated 13.9 fewer acres of the Green Acres Mall property would be subject to grading and land disturbance than if the proposed Action were not implemented. In addition, the smaller retail area associated with the Proposed Action would require fewer parking spaces, so that land disturbance necessary



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for the construction of additional parking spaces would be reduced as well. These two reductions would have positive benefits, in that the potential for erosion impacts during construction would be significantly reduced. 5.2 Impact on Transportation - Will there be an effect to existing transportation systems? As the Proposed Action involves only changes in the Town’s BZO, no physical changes to either of the two Regional Shopping Malls are proposed. As a result, the Proposed Action would not cause any direct physical impacts at these locations. Roosevelt Field Mall It is expected that the increase of 33,376± of additional retail floor area potential under the proposed Article XLI BZO amendments (or approximately 128,376± SF over existing conditions) would correspond to an incremental increase in peak hour vehicle trips to and from the mall site, as well as within the vicinity. This traffic volume would have the effect of incrementally increasing the existing level of impact (as expressed in level-of-service [“LOS”] changes) at the pertinent roadways and intersections serving the site. Site-specific traffic analysis of intersections will be necessary at the time of any site plan application to evaluate the traffic generated by an expansion and the capacity of local roadways to accommodate additional trips. Green Acres Mall The reduction of 1.2 million SF of GLA for retail space that could be added to this mall would have significant reduction in the number of vehicle trips that could be added to local roads within the Green Acres Mall site and vicinity. This reduction would lead to reductions in the potential for and degree of adverse impacts to the operation of local roadways and intersections, which would benefit everyone. While the Proposed Action results in a net reduction of potential development on this site, the potential for expansion of 294,648 SF GLA above existing conditions is possible. Site-specific traffic analysis of intersections will be necessary at the time of any site plan application to evaluate the traffic generated by such an expansion and the capacity of local roadways to accommodate additional trips. 5.3 Impact on Growth and Character of Community or Neighborhood - Will Proposed Action

affect the character of the existing community? Proposed Action will cause a change in the density of land use. As the Proposed Action involves only changes in the Town’s BZO, no physical changes to either of the two Regional Shopping Malls are proposed. As a result, the Proposed Action would not cause any direct physical impacts at these locations. However, the Proposed Action would result in a net change in density of land use, as described below. Roosevelt Field Mall – 33,376± of additional retail floor area (a total of 136,888 SF of total floor are including parking garages) would increase the density of development of this mall property. However, this additional retail floor area represents approximately 1.54 percent of the 2.17



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million SF of gross leasable area that presently exists. The change in total floor area (160,000 SF over existing conditions) represents an increase in development density on the property, in an area of the Town that is characterized by commercial development, with residential further to the east. Green Acres Mall - There would be a significant reduction in the amount of additional retail space that could be developed at this property (reduction of approximately 1.2 million SF of GLA and 4.99 million SF of floor area). This would result in a reduction of impacts associated with the density of land use at the Green Acres Mall, as well as a reduction of potential impacts associated with a regional mall expansion (i.e., traffic, noise, etc.). It is noted that the proposed Article XLI BZO amendments include a number of design elements and bulk controls intended to support positive changes to community character. The bulk and setback requirements were established to provide limits on the overall building mass on the property, discourage sprawling buildings and establish building setbacks reflective of the use and mass of buildings. The provision of landscaping requirements are intended to improve visual buffers and screening of both buildings and parking lot areas, as well as provide the added benefit of providing shade and reduction of “heat island” effects within the large parking lot areas. Thus the proposed BZO amendments are anticipated to result in positive changes to the character of these existing shopping malls. Proposed Action will set an important precedent for future projects As the Proposed Action involves only changes in the Town’s BZO, no physical changes to either of the two Regional Shopping Malls are proposed. As a result, the Proposed Action would not cause any direct physical impacts at these locations. The Proposed Action has been designed to provide a coherent and consistent set of development standards that would be applicable only to Regional Shopping Malls in the Town, of which there presently only two examples. As such, it is intended to set a precedent for such future projects, but it should be emphasized that this precedent reflects the Town Board’s intent in this matter. Therefore, this would constitute a beneficial impact. Proposed Action will create or eliminate employment. As the Proposed Action involves only changes in the Town’s BZO, no physical changes to either of the two Regional Shopping Malls are proposed. As a result, the Proposed Action would not cause any direct physical impacts at these locations. Roosevelt Field Mall - The 3,883 SF of GLA in additional retail space (33,376± of additional retail floor area) would generate an estimated seven retail jobs (as well as additional construction jobs), which would have beneficial indirect economic impacts for the local economy. Green Acres Mall - It is acknowledged that the reduction of 1.2 million SF of GLA of retail space that would not be realized at the Green Acres Mall would mean that 2,163 retail jobs, as well as an undetermined number of construction jobs, would not be realized.



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5.4 General Impact Potential In addition to the specific “Small to Moderate” impacts identified in the EAF Part 2 and discussed above, future development under the Proposed Action may also result in potential impact to other resources based on site specific evaluations. As discussed below, these potential impacts would be further examined during site plan reviews and, if found to be present, would be subject to more detailed evaluation and incorporation of mitigation measures at that time.

In the future, any development sought for a Regional Shopping Mall site will be subject to Town review under BZO Article XLI. This review will include site- and project-specific environmental review pursuant to SEQRA. This environmental review, in turn, includes detailed evaluations of each of the resource categories pertinent to that site and/or project.

The proposed BZO amendments provide for the introduction of various beneficial landscaping, buffering and bulk requirements specific to Regional Shopping Malls in the Town of Hempstead, which are not presently in-place. This would provide for cohesive and consistent development appropriate to this type and scale of development. The proposed Article XLI bulk and setback requirements provide limits on the overall building mass and maximum density permitted on a property, discourage sprawling buildings and establish building setbacks reflective of the use and mass of buildings.

Impacts to geologic, water, vegetation/wildlife, and aesthetic resources would be identified and evaluated during Town site plan review, to be conducted by Town engineering and/or technical staff. It is noted that neither site is located within a Critical Environmental Area or Special Groundwater Protection Area, or within 1,000 feet of wetland areas. Green Acres Mall is located in an area with relatively shallow depths to groundwater (less than 10-feet), thus precautions regarding drainage installation, building excavations, storage and handling of potentially hazardous materials, etc. will need to be considered. (See resource maps, Figures 7-13).

Conformance to land use and planning resources as well as zoning requirements, would be determined by Town technical staff as part of site plan review.

Re-development under the Proposed Action would not significantly change the location or amount of stormwater runoff generated on those properties, as the amount of impervious surfaces would not be significantly changed (i.e., redevelopment would occur on surfaces that are already impervious). The provisions of the proposed Article XLI introduce requirements for landscaped buffers and inclusion of landscaped islands within parking areas, intended to reduce impervious services and thereby also reducing the volume of stormwater runoff. All development, whether new or re-development, would be subject to thorough Town site plan review procedures, including detailed engineering review of drainage plans, ensuring that proper drainage system capacity is provided. The potential for flooding, erosion and drainage problems will also be considered during these reviews, as well as State requirements pursuant to the General Permit for Stormwater



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Discharges from Construction Activities for development activities meeting the thresholds of this permit.

With respect to community services and utilities, both existing regional mall locations are located in areas presently served by public water and sewer, within the service areas of local fire and police protection (see Figures 4-6). Provisions within the proposed Article XLI amendments would result in a net reduction in the development potential at the two existing Regional Shopping Mall locations (through the provision of FAR requirements and a limit of the maximum FAR permitted), therefore a net reduction in the potential demands to these public utilities services is anticipated as compared to potential demands under the existing zoning requirements. Connections to public utility services, as well as potential impacts of the increased usages to the various community service districts would be evaluated as part of the site plan review process.

By its very nature, a Regional Shopping Mall would be located adjacent or close to one or more major roadways. Potential impacts to transportation resources and systems, as well as secondary impacts to noise and air resources that can result due to increases in traffic generation, would need to be determined and evaluated by Town engineering and planning staff during site plan review, including a site-specific traffic analysis at a minimum to verify that capacity exists, and to determine potential impacts to roadway intersections.

The proposed Article XLI BZO amendments would result in a net reduction of

development permitted at the Town’s two Regional Shopping Malls (as compared to the current BZO requirements) through the establishment of floor area ratio requirements and an overall limitation on the maximum allowable floor area permitted for Regional Shopping Malls. These limitations were developed to provide for reasonable, controlled growth for the Town’s Regional Shopping Centers.

6.0 Summary and Conclusion 6.1 Summary

The analyses and discussions of the anticipated impacts to the resources in proximity to the two mall sites listed in Table 3a and 3b, and discussed in Section 5.0 indicate proposed Article XLI BZO amendments would result in a net reduction of development permitted at the Town’s two Regional Shopping Malls (as compared to the current BZO requirements) through the establishment of floor area ratio requirements and an overall limitation on the maximum allowable floor area permitted for Regional Shopping Malls. Future development under the newly proposed BZO amendments will require site-specific SEQRA review based the details of the proposed site improvements/site plans at the time such development may be proposed. Specifically:

1. For the Roosevelt Field Mall, the excess of 137,888 SF of additional development

(160,000 SF above existing conditions) would involve land disturbance and grading of an



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estimated 1.87 acres of surfaces that are presently developed as paved areas or landscaping. For the Green Acres Mall, the substantial (1.2 million SF) reduction of potential expansion would reduce the extent of potential impacts from grading of approximately 13.9 acres of this property.

2. At Roosevelt Field Mall, the project increase of 33,376± of additional retail floor area (as compared to the current BZO regulations) would increase potential water consumption over existing conditions by approximately 5,006 gpd. In contrast, the expected substantial reduction of potential future growth at the Green Acres Mall site would significantly reduce the volume of potential water use at this site.

3. The 33,376± of additional retail floor area at the Roosevelt Field Mall would incrementally increase vehicle trips in the vicinity as well as on the site; however the increase is minimal in comparison with existing conditions. For the Green Acres Mall in contrast, the significant reduction in potential future expansion at this property would substantially reduce the potential for impacts to local roadways and intersections.

4. With respect to parking, the excess potential expansion would involve an increase of 212 spaces at the Roosevelt Field Mall, while 8,060 fewer spaces would be necessary as a result of the substantial decrease in potential expansion at the Green Acres Mall.

5. The 136,888 SF of excess floor area expansion at the Roosevelt Field Mall would incrementally increase the density of development at this property, while there would be a substantial reduction of potential expansion at the Green Acres Mall.

6. The Proposed Action would establish development standards (including bulk and parking

standards, landscape and buffering requirements) that are specific to Regional Shopping Malls in the Town of Hempstead. This would provide for cohesive and consistent development appropriate to this type and scale of development.

7. The minimal increase of potential expansion at the Roosevelt Field Mall would incrementally increase economic activity generated on this property, and would also necessitate incrementally increased costs of community services such as police and fire protection, water supply, and solid waste handling/disposal. In contrast, the substantial reduction in potential expansion at the Green Acres Mall would reduce potential future growth in economic activity, but would also reduce the increase in use of these resources for this development. For either site, it is expected that tax revenues generated by new development would help to offset the public services costs associated with the increased demands on these services.

8. The minimal increase of potential expansion at the Roosevelt Field Mall would

minimally increase permanent employment at this property by an estimated seven jobs (based on the estimated increase of 3,883 SF of GLA), while there would be a substantial reduction (2,163 jobs) of potential employment growth at the Green Acres Mall from the substantial reduction in potential expansion. With respect to short-term construction employment, the excess in growth potential at the Roosevelt Field Mall would cause an



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incremental increase in such employment, but the substantial decrease in potential growth of the Green Acres Mall would cause a decrease in potential construction employment here.

9. Potential impacts of future Regional Shopping Mall projects would be identified and evaluated by Town engineering and/or technical staff during site plan application reviews and based on the details of the expansions proposed, and site and area conditions at the time of such application. Any significant adverse impacts would be subject to mitigation measures at that time.

6.2 Conclusion In conclusion, based on the analyses contained herein, the Proposed Action is not expected to cause any significant adverse environmental impacts. Rather, the Proposed Action has been designed to provide a set of development standards specific to Regional Shopping Malls, to ensure that proper development controls are in-place for such development. With respect to the potential impacts of development associated with this Proposed Action, analysis presented herein indicates that there are at present only two places in the Town where the Proposed Action would currently apply: the Roosevelt Field Mall and the Green Acres Mall. In addition to evaluation of the direct legislative action, which is found to be appropriate and necessary to establish uniform controls for a specific and unique use within the Town, a build out evaluation of the two existing Regional Shopping Malls was completed and potential impacts of this build out are identified and discussed herein. On balance, though there is potential for expansion of existing malls within the Town, the expansion potential is less than what would be allowed under the two different zoning districts that apply to the mall sites, and any further expansion would need to conform to the more specific bulk and dimensional requirements contained in the proposed BZO text changes such that a better form of development would be achieved, through the application of more appropriate and applicable zoning requirements. From a Town-wide viewpoint, the beneficial impacts associated with the Proposed Action (e.g., uniformly applying the Town BZO regarding development standards and parking rates for Regional Shopping Malls, lower potential increases in land clearing, water consumption, vehicle trips, development density, parking, utility and service usages at the Green Acres Mall, as well as establishing a maximum cap in potential expansion that would apply to both malls. No significant adverse environmental impacts have been identified. With respect to the Proposed Action, the investigations described in this document are useful in determining the importance of the impacts based on the criteria included in the format for an Expanded EAF. The criteria are as follows:

Probability of the impact occurring, The duration of the impact, Its irreversibility, including permanently lost resources of value, Whether the impact can or will be controlled,



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The regional consequence of the impact, The potential divergence from local needs and goals, Whether known objections to the project relate to this impact.

The environmental review process is a balancing process. The potential impacts identified in this document need to be weighed based upon their significance, and how the resultant changes derived from the code meet Town-wide goals. Site specific development will be subject to further detailed review pursuant to SEQRA, and mitigated as appropriate based on site and area conditions at the time of application and results of detailed analysis of the application. This report has been structured to describe in detail the Proposed Action, and to describe/analyze the potential impacts of expansion of the only two sites in the Town that could be affected by the proposed BZO changes. The information contained in this document will be used by the Town Board to determine the environmental significance of the Proposed Action. Based on the contents of this EAF Parts 1, 2 and 3, it is respectfully submitted that no significant adverse impacts have been identified with respect to the Proposed Action. If the Town Board is in agreement, a Negative Declaration under 6 NYCRR Part 617.7 could be considered.



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FIGURES



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