Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds

NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

September 15, 2021
City of Cleveland
Department of Community Development
601 Lakeside Ave., Room 320
Cleveland, OH  44114
(216) 664-4000

These notices shall satisfy two separate but related procedural requirements for an activity to be undertaken by the City of Cleveland.

REQUEST FOR RELEASE OF FUNDS

On or about October 1, 2021 the City of Cleveland, Department of Community Development will submit a request to the Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant Program/Section 108 funds under Section 212(a)(1) of Title II (42 U.S.C. 12701 et seq.) of the Cranston-Gonzalez National Affordable Housing Act (as amended), to undertake a project known as:

Fairfax Grocery

Fairfax Grocery is a new construction project that encompasses a multi-site area on the east side of Cleveland, bordered on the north by Cedar Ave. South by Quebec Ave., west by E. 101st St. and east by E. 105th St. specially located on the following permanent parcel numbers:

The proposed project will include the development of an approximate 40,000 square foot grocery store with approximately 154,000 square feet of residential units above the grocery store. Approximately 195 residential units will be created. Units will range between 450 and 647 square feet each. The project also includes the development of combined surface and decked parking garage that will create 307 parking spots over approximately 69,300 square feet of surface area, or 128,000 square feet including vertical parking decks. For project success, the developer will transfer and merge ownership of approximately 27 parcels of land, demolish two (2) existing single family homes and an existing surface parking lot, obtain updated zoning, and relocate two (2) families to newly constructed homes in the immediate area. Significant ground disturbance will occur, though on previously developed sites. The project will occur over the span of three (3) phases: (1). site development, including infrastructure, (2). Podium and (3) grocery/residential structure. Soil contamination and site noise will undergo remediation and existing resident displacement will be monitored.

Total project cost is approximately $52,882,000. The city of Cleveland will contribute approximately $9,000,000 in Community Development Block Grant Program/Section 108 funds.

FINDING OF NO SIGNIFICANT IMPACT (FONSI)

The City of Cleveland has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file. You may review this record at 601 Lakeside Ave., Cleveland, OH  44114 by making an appointment at (216) 664-4094, or you may review it at HUD’s Environmental Review Records page:

https://www.hudexchange.info/programs/environmental-review/environmental...

And the city of Cleveland, Department of Community Development website:

http://www.clevelandohio.gov/CityofCleveland/Home/Government/CityAgencie...

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the City of Cleveland. All comments received by September 30, 2021 will be considered by the City of Cleveland prior to authorizing submission of the request for release of funds. Comments should specify which Notice they are addressing.

ENVIRONMENTAL CERTIFICATION

The City of Cleveland certifies to HUD that Martin Bielat, in his capacity as Compliance Manager of the Department of Community Development, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Cleveland to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD will accept objections to its release of funds and the City of Cleveland’s certification for a period of 15 days following the anticipated submittal date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Cleveland; (b) the City of Cleveland has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality.

Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to the Department of Housing and Urban Development, Columbus Field Office at: CPD_COVID-19OEE-COL@hud.gov. Potential objectors should contact Department of Housing and Urban Development, Columbus Field Office via email to verify the actual last day of the objection period.

Frank G. Jackson, Mayor
City of Cleveland

Martin Bielat
Compliance Manager
City of Cleveland Department of Community Development