[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Notices]
[Pages 24547-24551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11719]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION


Notice of Availability (NOA); Record of Decision (ROD); 
Immigration and Naturalization Service (INS) Lease Construction and 
Consolidation, Dade County, Florida

April 23, 1998.
    This is the Record of Decision (ROD) for the GSA Proposed Action, 
which is to lease a building to be constructed at 9300-9499 NW 41st 
Street in Western Dade County, Florida. This building would consolidate 
the INS District

[[Page 24548]]

Office, the Executive Office for Immigration Review (EOIR), and the 
Asylum Office. This is the GSA preferred alternative.
    The purpose of this project is to consolidate the INS into one 
facility to accommodate their legislatively mandated growth. INS needs 
a consolidated facility to better accommodate this growth, to better 
coordinate its functions, and to meet the need to locate closer to the 
Krome Service Processing Center, and to its operation at the Miami 
International Airport (MIA). This consolidation would improve the 
overall efficiency of the INS operations. Current inefficiencies result 
from separated functions at their existing facilities that can not 
accommodate projected INS requirements. Employees and clients must 
often travel over an hour between locations. Separated functions 
require duplicate functions transportation of records and personnel 
around Metro Dade County. This lengthens the time it takes the INS to 
administer its case load. The distance between the District Office and 
the Krome Center has caused serious administrative and security 
problems. A consolidated facility located closer to the Krome Center 
and west of the MIA would provide more effective coordination of 
functions, including the INS Foreign Inspection Service located at MIA.
    The current District Office at 7880 Biscayne Boulevard can not 
accommodate the projected growth. The building has small floor plates, 
inadequate waiting areas, and elevator and building systems that are 
not adequate to service the requirements of the current and projected 
INS space needs.
    Pursuant to Section 102(2)(C) of the National Environmental Policy 
Act (NEPA) of 1969, the Council on Environmental Quality Regulations 
(40 CFR part 1500-1508), and GSA Order PBS P 1095.4B, GSA prepared an 
Environmental Impact Statement (EIS) for the Proposed Action. The 
purpose of the EIS is to:
     Identify the alternatives considered including the 
Proposed Action;
     Solicit public comments and incorporate response into the 
analysis;
     Identify potential impacts of the alternatives considered;
     Disclose potential impacts resulting from the alternatives 
considered;
     Identify measures to mitigate adverse impacts;
     Incorporate the impacts and mitigation into the decision 
process.
    This ROD will communicate GSA's decision on implementing the 
Proposed Action, the basis for that decision, and identify mitigation 
measures to be implemented as part of the decision. The Draft and Final 
EIS documents are incorporated into this ROD by reference, and are 
available upon request from GSA.
    This EIS was prepared because of the level and intensity of public 
response received by GSA during the final comment period after GSA had 
completed an Environmental Assessment (EA). GSA completed an EA in July 
1996 and executed a Findings of No Significant Impact (FONSI). GSA 
provided 30-days of final public comment prior to taking action. 
Because of the level and intensity of the public responses received, 
GSA determined that there were ``potentially significant'' issues 
associated with proceeding with the Proposed Action. GSA therefore 
elected to elevate its environmental analysis to an EIS, the highest 
level of analysis. GSA then began the environmental process a second 
time with the publication of a Notice of Intent (NOI) to prepare an EIS 
in the Federal Register on September 27TH. Notice was also 
placed in the Miami Herald and letters were mailed to all potentially 
impacted parties as part of a second public scoping process.
    The EIS examined the impacts for both the Proposed Action and the 
No Action. If GSA proceeds with the Proposed Action, there are 
potential impacts to both the ``Doral'' area from the relocation of 
INS, and potential impacts to the 7880 Byscayne Boulevard area that 
would result from INS vacating the current location. Conversely, in the 
case of the No Action, there are potential impacts to the 7880 Byscayne 
area from the INS remaining at their current location and potential 
impacts to the INS from continued operations in their current 
facilities.
    GSA released the Draft EIS with publication in the Federal Register 
for a 45-day public comment period that began on January 24, 1997. A 
Public Meeting was conducted in Miami on February 12TH. The 
Final EIS was released for a 30-day public comment period with 
publication in the Federal Register on March 28TH. The final 
comment period closed on April 28TH. GSA provided written 
notices of availability for these documents in the Federal Register, 
the Miami Herald, through the Metro-Dade Library, and through direct 
mailings to interested parties and using a mailing list provided by the 
West Dade Federation of Homeowners Associations (WDFHA). GSA 
distributed approximately 150 copies of the Draft and Final EIS to 
Federal, State and local governments, elected officials, neighborhood 
associations, the business community, and to all interested parties 
identified during scoping process.
    GSA made diligent efforts to solicit input from all potentially 
impacted parties, and GSA also made diligent efforts to keep the 
community fully informed during the NEPA process. This was accomplished 
using newspaper Public Notices, direct mailings, written 
correspondence, a Public Meeting, and through keeping an open dialogue 
with representatives of the WDFHA. GSA communicated regularly and 
openly with the WDFHA, to keep all parties fully informed during the 
environmental process. GSA provided factual information to interested 
parties in a timely manner. GSA also extended the comment periods 
several times, when requested to do so, so as to provide additional 
time for those wishing to provide comments.

Alternatives Considered

    GSA spent over three years exploring and analyzing alternatives to 
meet the requirements of the INS consolidation within the Delineated 
Area (DA). In 1992 the INS provided GSA with the Delineated Area (DA). 
This DA was outlined by the INS as a 95 square mile area surrounded by 
Flagler Street on the South, 135th Street on the North, LeJeune Road on 
the East, and 107th Avenue on the West.
    The DA was selected based on the accessibility of major 
thoroughfares including the Florida Turnpike, the Palmetto and Dolphin 
Expressways, and LeJeune Road. The requirement was that the DA to be in 
a more centralized portion of Dade County with access to major 
roadways, MIA, and the Krome Facility. The survey conducted as part of 
the EIS concluded that during the survey period, 25.4% of the INS 
client visits originated from outside Dade County. A 1991 INS survey 
indicated that 78% of clients who filed petitions with the INS lived 
either west of LeJeune Road or north of Flagler Street. Demographic 
forecasts predict that the majority of future residential and 
commercial growth will occur in the western side of Miami.
    During the period from 1993 until April 1996, GSA analyzed and 
considered over 20 alternative locations and delivery options within 
the DA. This included leasing existing building(s), building(s) 
purchase, and the consideration of lease construction alternatives at 
various sites that would be either donated to GSA or made available 
through a no cost purchase option.
    GSA conducted financial analysis on the methods available for 
delivering the

[[Page 24549]]

needed space to meet the INS' requirements. This was done to determine 
the most economical and cost effective delivery method. As part of the 
Prospectus submittal process, GSA used both the Net Present Value and 
an Income/Expense approach, to compute the lowest cost to the taxpayer. 
This analysis concluded that leasing was the most cost effective method 
and the lowest cost to the taxpayer. In April 1995 GSA received 
Congressional approval to lease 214,607 occupiable square feet of space 
within the DA to meet the requirements of the INS. Only lease 
acquisition was authorized by Congress under this Prospectus approval. 
The Draft and Final EIS contain a complete and comprehensive 
explanation of the alternative development and screening processes 
followed by GSA for this project from 1992 to date.
    After GSA Congressional approval of the lease Prospectus in April 
1995, a market survey was initiated by GSA to identify lease 
alternatives and to identify prospective offerors. On December 1, 1995, 
GSA issued a Solicitation for Offers (SFO), an open market competitive 
request for offers to provide leased space that would meet the 
requirements of the INS consolidation as outlined in the SFO. A total 
of seven initial offers were received by GSA. Best and Final Offers 
(BAFO) were due by April 28, and all but one offeror withdrew their 
offers prior to BAFO. Only one offer remained open at BAFO.
    Therefore, the EIS analyzed the two alternatives remaining open and 
viable to GSA. These alternatives are the Proposed Action Alternative 
and the No Action Alternative. All other alternatives were either 
withdrawn prior to BAFO, or were initially screened from consideration 
by GSA based on economic, technical, or operational criteria.

No Action Alternative

    Under this alternative, the INS would continue to be housed at its 
current locations, and would meet its increased space requirements 
through a series of ad hoc leases. The INS would continue to operate at 
dispersed locations and in overcrowded conditions at the District 
Office. INS would meet its growth needs by leasing additional space in 
close proximity to its current locations.

Proposed Action

    Under this alternative, the GSA would execute an agreement with a 
private developer, already selected by GSA through an open and 
competitive procurement, for the lease construction of a building to 
house the consolidated INS. The building would be 214,607 osf, would 
employ about 500 persons in 1998 increasing to 763 persons by the year 
2005. The building would provide 885 parking spaces. Approximately 
1,100 persons would visit the facility daily to transact business with 
the INS. The building would be constructed with three floors and a 
parking garage in rear. The building would be designed as a modern 
office building to fit the style and character of the commercial 
buildings that currently surround the vacant site. The building would 
be designed to efficiently accommodate the unique requirements of the 
INS. This is the GSA preferred alternative.

Environmental Consequences and Mitigation

    Based on the analysis contained in both the EA and the EIS, there 
were no potentially significant environmental impacts from either the 
Proposed Action or the No Action except for those discussed in this 
ROD. These impacts were associated with public controversy and land use 
issues, and not with impacts to the natural environment. Therefore, 
neither alternative was considered to be environmentally preferred over 
the other. Additional potential impacts to the natural and human 
environment were considered and found to be minor or not significant. 
This is documented in both the Draft EIS and the Final EIS by 
reference.

The Proposed Action

    The issues that were identified during the scoping process fall 
into one of the following general categories: Impacts to streets and 
traffic; impacts to property values (primarily residential), impacts to 
the character and economic stability of the neighborhood and 
surrounding community, and impacts to the area from increased crime.
    The Proposed Action would result in the construction of a building 
to suit facility to house the INS, and would require a lease agreement 
to be executed between GSA and a private developer. GSA would assume a 
leasehold interest in the building for a period of 10 years. There 
would be no Federal ownership of the facility. The developer would be 
responsible for obtaining all local and state approvals prior to 
beginning construction. These would include all zoning approvals, 
Concurrency Review, land use approvals, and all building permits that 
require conformance to various local, State, and Federal statutes.
    The approval and permitting process would be the responsibility of 
the developer, and thus obtaining permits and Concurrency review would 
serve to mitigate many of the impacts that have been identified.
    Concurrency is the process by which Dade County examines proposed 
projects and determines whether the necessary public facilities and 
infrastructure capacity is available. Seven agencies are involved in 
the review process for Concurrency in Dade County and they are: 
Building and Zoning; Department of Environmental and Resource 
Management (DERM); Fire Department; Metro Dade Transit Authority; Parks 
and Recreation; Public Works; and Solid Waste.
    Concurrency is part of the permitting process. The infrastructure 
and service capacity must be available before a developer is granted a 
Final Development Order. The analysis of potential impacts undertaken 
in the EIS is based on the Standards for Concurrency required by Dade 
County. The Concurrency review and a Final Development Order 
application takes place at the County level, and these permitting 
decisions are based on the available capacity at the time of the 
application by a developer.
Traffic
    A traffic study was undertaken by traffic consultants Carr-Smith 
Associates, to determine the potential impact of the Proposed Action on 
the roadways around the potentially affected area. To determine the 
number of vehicle trips that would be generated, an internal survey was 
conducted by the INS to determine the origin and destination of all 
employees and visitors during a five day period (October 23-29, 1996). 
This was considered a typical work week. Employees located at the 
District Office and at other INS offices that would be part of the 
consolidation were included in the survey. A total of 438 current INS 
employees would move to the proposed facility. A total of 1092 client 
visits per day were identified for the survey week.
    All employees would not be onsite everyday, and the arrivals of the 
clients occurred throughout the business day. These factors were 
considered in the formula for computing the number of the vehicle trips 
generated. Levels of Service (LOS) standards were provided by the 
Metro-Dade Planning Department for the surrounding roadways. Current 
traffic counts were taken. LOS levels were computed using the current 
data collected and using the projected growth rates provided by Dade 
County. The LOS levels with the Proposed Action were calculated and 
found to remain within acceptable Dade County LOS Standards.

[[Page 24550]]

    Based on the findings of this traffic study, the impact of the 
proposed INS facility is within Metro-Dade County's Concurrency 
requirements. In addition, planned expansions in the transit service to 
the area and soon to be implemented changes in the INS application and 
processing procedures, will serve to mitigate some of the resulting 
traffic impacts of the new facility. Because of technology improvements 
in the processing procedures, and because of expected reductions in 
both staff and applicants in the Citizenship USA program, INS projects 
that the number of daily client visits to be less than the 1,092 
persons who visited the current INS facilities during the survey period 
of October 23-29, 1996. These anticipated reductions, coupled with 
anticipated route alterations of the mass transit system, will serve to 
mitigate some of the increased traffic projected to be associated with 
the INS facility.
    A copy of the traffic study, will full analysis and conclusions and 
methodology, is contained in the EIS. The developer would be required 
to meet Concurrency Review for traffic prior to permitting any proposed 
construction.
Mass Transit
    Metro Dade transit Authority does not alter bus routes until a 
project has established a completion date and demonstrates a need for 
additional service. GSA and INS will contact Metro Dade Transit 
Authority at the appropriate time in this process, and formally request 
that additional service be provided to the facility based on the need 
and date of occupancy. GSA anticipates no difficulties in increasing 
the service levels once the need is demonstrated to the Metro Dade 
Transit Authority. Increased levels of public transportation to the 
facility will serve to mitigate some of the vehicle trips generated by 
the INS.
    Metro-Bus service is available directly in front of the site. 
However, there is currently only one bus in the morning and one in the 
afternoon serving the site. Busses currently service 84th Avenue (No. 
87 Bus) every 30 minutes during peak hours, and every hour during non-
peak hours, from 6AM to 9PM. This route provides direct service from 
Dadeland and the Metrorail to the south, from the Okeechobee Metrorail 
Station to the north. The route also has connections at Flagler Street 
from Downtown (Route 11, running every 10 minutes, all day). This route 
runs about one mile east of the proposed site. Alteration of this route 
west to 97th Avenue would provide regular bus service to the facility 
throughout the day.
    Other potential mitigation measures would be the INS promoting ride 
sharing, staggered work hours, and subsidized public transportation for 
employees. Still others include the addition of express busses, and 
private jitney minibus service as regulated countywide by the 1985 
Jitney Ordinance.
    The Proposed Action would be required to under go Concurrency 
review for by Metro-Dade Transit Authority.
Parking
    The proposed facility would include 885 spaces. Dade County 
requires one space for every 300 osf or 715 required spaces. The 
Proposed facility exceeds the Dade County parking requirement.
Land Use/Zoning
    The Proposed Action is in substantial compliance with Land Use and 
Zoning Comprehensive Plans for the area. The developer would be 
required to obtain Zoning and Land Use approvals prior to construction 
and as part of the Concurrency review.
Impacts to Property Values
    The site of the Proposed Action is surrounding by commercial office 
buildings on both the east and the west and the proposed use is in 
conformance with Dade County land use plans.
    GSA's contractor, Radian International, secured a professional 
opinion from a Licensed State Certified Appraiser familiar with the 
area around the proposed site. The Appraiser did not provide data or 
render an opinion that the proposed INS facility would have any direct 
or unique impacts on the surrounding property values. Other private and 
government buildings, of similar size and use in the area, have not had 
any detrimental impacts on property values. No cause-effect 
relationship was established between the location of the INS Offices 
and surrounding property values.
    The proposed site is located on Section 28, Range 40, Township 53. 
Section 28 is 640 acre (one mile square) area surrounded by four major 
roadways: 41st Street on the north; 25th Street on the south; 87th 
Avenue on the east; and 97th Avenue on the west. There are other 
government and commercial uses on the contiguous 640 acre Section 28 
including: Metro-Dade Police Headquarters, an FAA lease for a radar 
tower, the Federal Reserve Bank of Miami, and the just completed US 
Army Southern Command Headquarters Administrative facility (SOUTHCOM). 
This Army relocation of the SOUTHCOM from Panama to Dade County will be 
completed by May 31, 1998. This new facility has been leased by the 
Army for a 10-year term, is approximately 154,000 square feet, and will 
employee about 900 persons. The Proposed INS location is located just 
northeast of the SOUTHCOM facility (about three quarters of a mile) on 
Section 28. The WDFHA did not oppose this relocation of SOUTHCOM to the 
Doral area. The Appraiser retained by GSA stated that none of the 
aforementioned and varied government uses on Section 28, demonstrated 
any negative impacts to the surrounding property values.
Crime
    Western Dade is projected to develop both commercially and 
residentially by the Dade County Comprehensive Development Master Plan. 
As this growth occurs, an increase in crime is projected, with or 
without the INS consolidation.
    The INS facility would be designed to accommodate the INS needs. 
These design factors would include a larger floor plate, adequate 
parking, faster processing times for clients and fewer people at the 
site at any one time, required security procedures, and assigned 
waiting areas. These measures will serve to process INS clients 
efficiently at the facility.
    The Metro-Dade Police Station is located on Section 28, (less than 
one mile south of the proposed site), and its presence, would serve to 
deter crime in the area. There was no cause-effect relationship found 
that would uniquely link the INS presence to increased crime rates in 
the area.
Neighborhood Impacts to the Doral Area
    The residents of the Doral area strongly oppose the proposed INS 
location. The Doral area is seeking to become an independent 
municipality, separate from Dade County. The proposed site in the 
center of the proposed City of Doral. The WDFHA has suggested that the 
proposed INS location would be the preferred location for the new 
``Village of Doral'' municipal complex. If the Doral Incorporation is 
successful, the proposed action would negatively impact the goals of 
the community as stated in their Incorporation Petition.
    The Doral community, through its representative the WDFHA, is on 
the record stating that they oppose the INS locating at the current 
site, or at any other site in the same general area. There has been no 
previous opposition by WDFHA to the other government

[[Page 24551]]

uses on Section 28, including the recent lease construction of 150,000 
square foot building for SOUTHCOM Headquarters.
    Other land use on Section 28 include several large office buildings 
(former Eastern Doral Computer Center and Headquarters Carnival Cruise 
Lines), an FAA radar facility, the Metro-Dade Police Headquarters, the 
80 acre Miami West Park, and light industrial and warehouse buildings. 
Given the mix of uses, including other substantial government 
facilities on Section 28, the INS at the proposed lease construction 
would not be out of character with other surrounding land uses. 
Included in the Police Station complex on Section 28 are four buildings 
totaling over 300,000 square feet including the Metro-Dade Police 
Headquarters, Police District #3 Doral West, maintenance and vehicle 
storage, and detention facilities.
    The INS facility at the proposed location would be in substantial 
zoning compliance and would conform to land uses on other surrounding 
properties. The building would be designed as a commercial office 
building of similar size and appearance to other nearby buildings. The 
above are mitigating factors demonstrating that the proposed facility 
is not out of character to other land uses in Section 28, and therefore 
should have no unqiue impact on the surrounding community.
    A Final Development Order will be required by Dade County at the 
conclusion of the Concurrency review. This review will determine if 
public services and infrastructure are available to support the 
proposed project. If the capacity is not available, then permitting 
would not be available to the developer, or alterations to the proposed 
development would be required by Dade County in order to meet 
Concurrency Standards. This process would serve to mitigate potential 
impacts this project would cause to the infrastructure and public 
services in the area.

No Action

    INS relocation to Western Dade County cause would a small negative 
impact to the area around the 7880 Biscayne Boulevard location due to 
potential loss of retail and service business. However, due to the high 
crime rates in the general area, most INS employees do not patronize 
nearby retail establishments.
    Some of the nearby businesses generate income from the INS clients 
who often spend hours waiting in line due to the inefficient layout at 
the current facility. Mitigating factors to these impacts would include 
the two-year lead time the property owner would have to find a 
replacement tenant, and the two-year lead time period the existing 
business would have to make appropriate adjustments in their business 
plans. Efforts are underway by the Biscayne Area Chamber of Commerce to 
promote Downtown Development Initiatives and obtain grants to stimulate 
the economy in the area.
    There would be serious adverse impacts to the INS if they remained 
long term in their current facilities. There is no opportunity for 
expansion. Continued operation of physically separated functions will 
continue to hinder the INS in performing its mission. INS performs an 
important function for the United States with the administration and 
enforcement of US Immigration Laws. Operating in inadequate facilities 
and separated locations would negatively impact the INS' ability to 
effectively service its clients as well as the public.

Rationale for Decision

    1. The proposed action was found to fall within the Dade County 
Concurrency Standards for traffic based on a traffic study conducted as 
part of the EIS.
    2. Public transportation is available at the proposed location. 
Based on the existing route system, the capacity exists to increase the 
level of public transportation to the proposed facility. GSA will 
contact Metro-Dade Transit Authority at the appropriate point in the 
process to facilitate route and service alteration at the proposed 
facility to accommodate the public transportation needs.
    3. The proposed facility is in compliance with local zoning, land 
use and comprehensive plans, contains more than the required parking, 
and would be subject to Concurrency review as part of the permitting 
process. The developer would be required to obtain permits and local 
approvals.
    4. There are currently other substantial government facilities 
located on Section 28, including the FAA radar tower, the US Army 
Southern Command Headquarters (SOUTHCOM), and the Metro-Dade Police 
Station and Doral Substation including detention facilities. There was 
no evidence found that any of these other public uses have caused 
negative impacts to property values, nor any evidence that the INS 
would negatively impact property values. SOUTHCOM has just leased a new 
150,000 square foot building, less than a mile southeast of the 
proposed site, to house 900 federal employees for occupancy June 1, 
1997. In the opinion of an Appraiser retained by GSA, the INS facility 
would not constitute a stigma development.
    5. The INS facility will be designed to accommodate the needs of 
the INS and to provide a secure building that will be visually and 
functionally compatible with other nearby commercial and public use 
buildings.
    6. There was no evidence presented to indicate that this project 
would uniquely contribute to increased crime in the area.
    Therefore, having given consideration to all of the factors 
discovered during the 13 month environmental review process, it is 
GSA's decision to proceed with the Proposed Action: Lease construction 
of a building of 214,607 occupiable square feet of space, to house the 
INS consolidation on a 7.3 acre site is located at 9300-9499 NW 41st 
Street in Miami.

    Dated: April 23, 1998.
Phil Youngberg,
Regional Environmental Officer (PT).
[FR Doc. 98-11719 Filed 5-1-98; 8:45 am]
BILLING CODE 6820-23-M