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

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