A Brownfield is developed real property which may or may not be contaminated or environmentally impacted from prior use. These unknown conditions raise questions standing in the way of the property’s sale or redevelopment, which reduce its value and require investigation and assessment. Examples of Brownfields include former industrial sites, gas stations, dry cleaners, fuel and chemical depots and any other property that used or contained hazardous materials or petroleum. Brownfields also include properties affected by contamination migrating from a neighboring or nearby property. Brownfields may not be contaminated in reality, but suspicion creates stigma that impairs the property’s potential.
A Greyfield is developed real property suffering from excess vacancy, prolonged idleness, blight, use failure or even total abandonment—but also possessing (potentially) reusable infrastructure, such as parking lots, utility hookups, or structures. Examples of Greyfields include obsolete retail and commercial properties and abandoned office complexes, as well as mothballed, decommissioned and legacy industrial facilities. Similar to Brownfields, Greyfields may be blighted or in substantial disrepair, but unlike Brownfields they have no known or suspected environmental contamination of any significance.
A greenfield is undeveloped real estate with no previous use. Many also consider a property only used for light agricultural purposes to be a greenfield. An undeveloped property may yet have environmental contamination—if, for example, it is adjacent to a property that is leaking hazardous substances across the property boundary—but such a property would not be considered a greenfield and would be better classified as a Brownfield (or possibly a Redfield).
A Redfield is real property with known environmental contaminants or conditions that the owner, the government or a reliable third party have determined is in need of remediation as a prerequisite to future development—to mitigate potential human health risks or to comply with environmental laws. Many Redfields are already subject to government regulatory orders or enrolled in voluntary cleanup programs. Unlike a Brownfield, there can be no doubt about whether a Redfield is contaminated. A Redfield is affirmatively known to be contaminated and will likely require active remediation in its redevelopment. Contaminated property could fit into the definition of Brownfield; however, selecting Redfield as the primary statussignals the marketplace that real estate reuse requires corrective action and such remediation is sought.
|A property with productive use as the primary status is predominately in use at the present time. Properties in productive use may have current tenants generating rents or the owner may be operating the property for their own use. If only a small portion of the property is currently in use, then the lister may select productive use as a secondary condition and would choose a more appropriate primary status.|
If the property status has not been determined or is unknown by the lister, it may be selected as "undetermined."
A Bluefield possesses water resources itself or has access to a navigable body of water such as a river, sea or ocean—either directly or via canal or port.
“Located in a neighborhood teeming with urban vitality and a strong local workforce, the Orchard Whitney property presents an exciting opportunity for investment. The City of Rochester is committed to the successful redevelopment of this property, which can play a significant role in our efforts to create more jobs, safer, more vibrant neighborhoods and better educational opportunities in our schools.
My administration looks forward to working with all interested parties who want to learn more about the opportunity at the Orchard Whitney site. Thank you for taking the time to learn more about the Orchard Whitney property. We hope to speak with you soon.” Rochester Mayor Lovely Warren
If you have questions about the RFP contact Dorraine Kirkmire at Dorraine.Kirkmire@cityofrochester.gov.
The proposals must be submitted in PDF format electronically to Dorraine Kirkmire by 5:00 pm April 3, 2017 to Dorraine via email.
View and download: January 24, 2017 Reuse Assessment Report (pdf 175mb)
The site was remediated through the New York State Environmental Restoration Program under the direction of the New York State Department of Environmental Conservation (NYSDEC). It was remediated to standards for commercial and industrial redevelopment. The New York Environmental Restoration Program provides liability protection in the form of a release for any claims made against the municipality and its successors and assigns (i.e., future site owners) relating to contamination at the property. This includes third-party toxic tort claims as well. It also includes an indemnification and defense provision, whereby the New York State Attorney General will defend any claims and indemnify the owner for any liability. To the extent contamination is identified at the property subsequent to the Certificate of Completions being issued, the state will fund the additional work necessary to protect public health and the environment. The above protections are granted with the receipt of a Certificate of Completion. The Certificate of Completion from NYSDEC is being processed and should be issued within the next few weeks.
The City of Rochester was awarded brownfield area-wide planning grant funding from the US Environmental Protection Agency to develop an area-wide revitalization plan and implementation program focused on brownfield sites in the Jay Orchard Street Area Neighborhood (JOSANA). The project is being conducted by a consultant team led by Vita Nuova, LLC, with Highland Planning, Barton & Loguidice, and the National Development Council. The plan focuses on the city-owned Orchard-Whitney site (at 415 Orchard Street and 354 Whitney Street), while evaluating the utilization of surrounding private and city-owned parcels in the redevelopment of that site. The goals of the project are as follows:
- Analyze, articulate, and develop strategies for overcoming re-development obstacles
- Reposition the site to bring it back to the market
- Establish a process for identifying ‚Äúreal‚Äù redevelopment opportunities for the site
The city has continued to commit significant resources to the project and the area. Over $5 million of city, state and federal resources have been committed to the demolition and cleanup of the site. In addition, the City and the JOSANA neighborhood stakeholders prepared the JOSANA Neighborhood Master Plan in 2010 in which the Orchard-Whitney site was recognized as a focus for revitalizing the neighborhood. Finally, the site is located within a NYS designated Brownfield Opportunity Area, known as the LYLAKS BOA. The JOSANA Master Plan and the LYLAKS BOA Revitalization Strategy both emphasize the importance of redevelopment of the Orchard-Whitney site to the revitalization and sustainability of this challenged area of the City.
June 9, 2016 Stakeholder Meeting Presentation
Presented by David Hanny, Barton & Loguidice, D.P.C.
JOSANA Neighborhood Master Plan May 6, 2016 Stakeholder Meeting Presentation
Presented by Michael Taylor, Vita Nuova LLC
The City of Rochester completed an Environmental Site Investigation and Interim Remedial Measures (IRMs) at these abandoned industrial brownfield properties. The investigation was funded in part from a grant from the New York State Department of Environmental Conservation (NYSDEC). $200,000 in additional grant funding was awarded through the United States Environmental Protection Agency’s (USEPA) Brownfield Cleanup Program to be used to implement Site cleanup. The purpose of the investigation and IRMs was to identify the nature and extent of contaminants present on-site, to assess the potential risks to public health and/ or the environment, to implement the necessary cleanup measures in order to achieve a “No Further Action” Remedial Alternative determination by the NYSDEC, and to market the Site for future commercial redevelopment. The investigation included: performance of a facility-wide hazardous materials inventory, waste characterization and disposal; PCB, lead and asbestos containing materials surveys and abatement; building demolition and subsurface soil and groundwater characterization and treatment or disposal.
In May, 2010, nine (9) petroleum underground storage tanks (USTs) were excavated from an existing UST vault, the contents were characterized for disposal and approximately 265 tons of impacted sand and soil contaminated with petroleum and heavy metals were removed from the Site. In addition, approximately 28,000 gallons of groundwater contaminated with petroleum and heavy metals were either treated and discharged to the Monroe County Municipal Sewer or transported from the Site to a permitted disposal facility.
Subsequent to asbestos abatement and demolition of the remaining seven-story building at 415 Orchard Street structure in the spring of 2015, the following activities were completed: excavation and removal of arsenic-contaminated boiler ash and debris in the former chimney stack sump; exploratory excavation, characterization and disposal of hazardous and non-hazardous petroleum impacted soils from several Areas of Concern across the site (Areas of Concern Map); in-Situ (“in place”) treatment of chromium-contaminated soil and groundwater in the area of the former facility plating area.
Looking Ahead to Redevelopment
A Pre-Development Site Conditions Analysis (PDSCA) Report was completed in order to detail existing site conditions so that realistic, future redevelopment strategies can be evaluated. Components of the PDSCA include: completion of a geotechnical study; an infrastructure and utility capacity study; and completion of a vapor intrusion study.
The site is located within the boundaries of the City’s Lyell-Lake-State Street Corridor (LYLAKS) Brownfield Opportunity Area. See the City’s LYLAKS BOA web page for more information.
Questions re environmental?
If you have additional questions about the project contact the City’s project manager:
Jane MH Forbes, Environmental Specialist, City of Rochester Division of Environmental Quality
(585) 428-7892. E-mail: firstname.lastname@example.org.Spotlight Documents
Productive useA property with productive use is in some active use at the present time on some portion of the property. Idle or surplusIdle or surplus facilities are currently inactive and/or managed as a surplus property, but not decommissioned or demolished. These facilities are monitored and generally well-maintained and could be reused with minimal preparation in a predictable timeframe. Greenfield Acres
Greenfield Acres are undeveloped areas of a partially-developed property that have never been put to use other than perhaps light agricultural production. Many Brownfield, Greyfield and Redfield properties contain areas never put into productive use that remain otherwise unaffected by activities elsewhere on the property or neighboring properties. These kinds of Greenfield Acres are sometimes referred to as “the back forty.”Greenfield Acres can appeal to certain developers, who may see value or potential in using greenfield acreage in a wider site plan.
Brownfield Acres are areas of a property with a use history or condition that presents some question as to whether it may be environmentallycontaminated or redevelopment complicated. Many Greenfields, Greyfields and properties in productive use have small areas with lingering questions about potential redevelopment complications. Many legacy properties in use for long periods, for example, have areas in the rear or hidden areas of the site sometimes referred to as the “back dump”—where unregulated dumping took place for decades or more.
A Bluefield possesses water resources itself or has access to a navigable body of water such as a river, sea, or ocean-either directly or via canal or port. Some Bluefields can support valuable commercial uses, and many of these commercial Bluefields have definitive access or riparian rights.Many other Bluefields merely provide simple enjoyment for the property owners and tenants. Many bluefields also provide natural habitat to area species or some other ecological service, which could also classify the property as an Ecofield. While a Bluefield may have some acreage underwater continuously, it may also be a bluefield by virtue of temporary water conditions such as seasonal weather patterns (rain or snow melt), tidal forces or stormwater flooding—which could be the result of man-made conditions.
Decommissioned facilities are those no longer in working order or whose former use has been decommissioned, removed or demolished wholly or partially—sometimes with regulatory oversight. Some facilities are decommissioned with future use in mind, left behind with care, perhaps with some moderate re-fit and/or redevelopment cost required. Most decommissioned facilities, however, require substantial time and/or capital investment and potentially regulatory approval in order to re-purpose or re-use existing structures and assets.
Mineral Deposits can be selected as a secondary condition only if the property contains past, present or potential mines, wells, or Mineral Deposits—or perhaps geologic formations suggestive of the presence of one or more natural resources, such as coal, rock, salt, gold, silver, oil, gas, shale, or any other mineral deposits. These resources should be documented in a third-party report for maximum marketability.
A brightfield‘s current use is for solar power generation, or it has been professionally designated for suitability for use as a solar power location; typically verified by one or more third-party reports. Ready Brightfields have some, if not all, utility infrastructure already in place or may simply be near utility lines amenable to solar power distribution.
A windfield‘s current use is for wind power generation, or it has been professionally designated for suitability for use as a wind power location; typically verified by one or more third-party reports. Ready Windfields have some, if not all, utility infrastructure already in place or nearby.
Ecofield An Ecofield has past, present or potential use as an ecosystem. It may contain habitat for rare, threatened or endangered species—such as wetlands, streams, forest, or prairie. It may also possess ecological assets that provide some ecosystem service to the environment, such as water purification or waste decomposition. Some Ecofields are historic ecological assets interrupted or impaired by development—e.g. being paved over for a parking lot or drained for a field or foundation—but whose ecological potential can be restored or redeveloped.
A Multimodal property possesses at least two modes of transport on the property itself or via nearby access. A property with a rail spur and port access, for example, is Multimodal. Most properties in or near air and sea ports are considered Multimodal because they could also accommodate trucks or rail. Many potential Multimodal properties alongside interstate highways, for example, are certified as suitable Multimodal locations by third party site selectors, e.g. in a transportation study. Such documented potential often increases the marketability of a property for Multimodal use. Heritage Site A Heritage Site is a property that has a historical preservation or conservation certification of some kind, or some other archaeological or heritage designation. The best evidence that a property is a Heritage Site would be a letter from a State Historic Preservation Office determining the property’s status or potential impact on other Heritage Sites. Mega-site A Mega-site is a very large property that can be cohesively developed for an integrated, large-scale end use, such as an auto manufacturing plant. A Mega-site must have a minimum of 1,000 acres; completed environmental and geotechnical testing; proximity to interstate highways, and/or railways; and high capacity infrastructure in place or feasibly proximate to the site. Development Park A Development Park is any type of pre-developed area targeted for a specific end use such as a technology park, business park, research park, science park, commercial district, planned community, tourist park or a combination of these. Incentive Zone An Incentive Zone is a specific area targeted with economic development incentives available to spur development, including TIF districts, enterprise zones, opportunity areas, TOD locations, etc. Redfield Acres A property with some areas that have known environmental contaminants or conditions that the owner, the government or a reliable third party have determined is in need of remediation as a prerequisite to development, to mitigate potential human health risks or to comply with environmental laws. Properties whose primary status is Productive Use, Brownfield, Greenfield or Greyfield may have Redfield Acres. Vertical Brownfield A building that is functionally obsolete, underperforming and/or underutilized and that may or may not contain hazardous building materials such as asbestos and lead-based paint. Vertical Brownfields are typical single-use structures, such as an office building in an urban core setting, and candidates for mixes use redevelopment to increase the building's utilization. Clusters of Vertical Brownfields create use monocultures empty and unoccupied at certain times of the day or week (e.g. downtowns empty on nights and weekends). Underutilized Real estate burdened by prolonged idlenessand unable to command market rent. Underutilized properties are often functionally obsolete or impaired by one or more physical conditions that will require remodel or redevelopment. Real estate unrented through multiple real estate cycles may be Underutilized. Real estate operating consistently below capacity or underperforming its comparable market is likely Underutilized. Pre-Demo Real estate with structure(s) burdened by advanced degradation or deterioration, untenable in its current condition and undevelopable. Pre-Demo propertyhas unusable buildings or infrastructure and often need some measure of demolition or deconstruction prior to redevelopment and reuse. Untenable real estate with neglected or dilapidated buildings can sometimes be lawfully ordered to be demolished by the government authorities. Minor or modest demolition is the first step in the redevelopment of many properties. Greyfield Acres Greyfield Acres are areas of a property currently or formerly developed and known to not have adverse environmental impacts. Reusable buildings, utilities or infrastructure are typically present on real estate with Greyfield Acres. Examples of Greyfield Acres include unused parking lots and unoccupied commercial structures. Properties whose primary status is Productive Use, Brownfield, Greenfield or Redfield may have Greyfield Acres. Vacant property A vacant property is devoid of any active use and its buildings are entirely empty of human beings. Vacant lots typically have no structures. Vacant buildings are not occupied and generally do not contain the items, amenities and fixtures customarily found in buildings in use for residential, commercial or industrial purposes. Adaptive Reuse Adaptive Reuse redevelops a previously developed site, building or structure in new construction that utilizes the site and materials on-site for purposes other their original build or design. Airport Access Airports provide access for use by numerous on-site and nearby properties, with some offering dedicated roads or railways for seamless connection with multimodal transport. Green Infrastructure Green Infrastructure mimics, enhances, and/or restores natural functions to better manage water by integrating its flow into the built-environment and create environmental, social and economic benefits. Healthfield A Healthfield is a site that could (or should) be used to improve access to healthcare or to improve the physical and/or psychological health of the community, e.g. for a clinic, community garden or greenway. Historic Preservation Historic preservation, or heritage conservation, refers to efforts to preserve, conserve and protect buildings, objects, landscapes or other built-environments of historical significance. Mine-scarred Mine-scarred properties are those which either have land used directly in mining or share associated waters and surrounding watersheds where extraction or processing of ores and minerals has occurred. Micro-site A Micro-site is a very small property that is not suitable for many kinds of real estate development, a tenth of an acre or smaller, which can be useful as pocket parks or other tactical or interim uses, such as pop-up markets. No Further Action (NFA) A No Further Action (NFA) letter or notice is an official determination issued by the jurisdictionally relevant regulator that a site has been investigated and remediated to the cleanup standard appropriate for the intended use of the property. Also known as No Further Remediation (NFR) letters. Pedestrian Oriented Development (POD) Pedestrian-Oriented Development (POD) is a type of real estate development designed for the maximum utility of the pedestrian, wherein pedestrians are the main design orientation rather than automobile access and parking. Public Private Partnership (PPP) A Public-Private Partnership (PPP) is an agreement between a private party and a government, with centuries of history in real estate, construction and infrastructure development, i.e. the Lancaster Turnpike opened in 1793. Rail Access Access to a railway or rail line via direct connection, rail spur or team track, and potential access, is often sought for its logistical advantages over sites without rail access. Seaport Access Seaports typically provide access for use by numerous on-site and nearby properties, with some offering dedicated roads or railways for seamless connection with multimodal transport. Transit Oriented Development (TOD) Transit-Oriented Development (TOD) is a type of real estate development that maximizes the amount of residential, business and leisure space within the walking distance, or walkshed, of a site with public transportation.City of RochesterProperty NameOrchard-WhitneyCreated On07/31/2015Last Modified02/10/2017Property NumberProperty Address415 Orchard St and 354 Whitney St, Rochester, NY 14606Listing PriceProject OngoingOwnershipPublicly OwnedProperty/Project size (acres)4Structures on siteno
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