Tensions Rise As Developer Plans To Take Space From A Memorial To Victims Of Surfside Condo Collapse

Developer plans for a luxury condo include a loading dock and garbage collection site on 88th Street in Surfside. The street was dedicated as a memorial site for the 98 people who died in the Champlain Towers South building collapse in 2021. Families, as well as previous and current town officials, are outraged by the plan.

Developer Plans and the Tragedy’s Memorial

DAMAC International is a Dubai-based developer planning to create a luxury condo on the site of the Surfside Condo collapse in 2021. Federal investigations of the collapse may not finish until the year 2025. Eliana Salzhauer, the former Surfside Commissioner, wrote a resolution on the 11th of January 2022 making 88th Street a closed pedestrian-only memorial. Only emergency vehicles have since been allowed on the site.

However, the 1.8-acre plot of land was bought by DAMAC International for $120 million. The sale was approved by the previous Florida Circuit Court judge as part of a settlement with the property owners and families of the victims. DAMAC International has since proposed plans to build 52 luxury condo units that cost $25 million each on average. Tensions rose when they also included a plan to add a controversial loading dock and garbage pickup on 88th Street.

The board approved the developer’s plans to the town commission with a 4-1 vote despite public opposition. There will be a meeting on September 27 wherein the full commission will take up the recommendation.

Pinning the Blame on the Florida Department of Transportation

DAMAC International fanned the flames when they blamed the Florida Department of Transportation (FDOT) for the move. The town’s top officials, including Town Manager Hector Gomez, and the developer reported that the FDOT was unwilling to have staging sites on Collins Avenue as it would impact the arterial highway. James Galvin, one of the developer’s representatives, stated that the developer has to follow their [FDOT] guidelines.

Carolyn Baumel, the Chair of the Planning and Zoning Board, said “You cannot load or unload anything on the face of Collins Avenue, period.” She apologized to those who were impassioned by the memorial. Baumel also added that she had friends who were victims of the tragedy, but they had to move forward.

Lindsay Lecour, the only board member who voted against the development plan, urged the developer to partner with the FDOT to find an alternative solution. She acknowledged the cost of working on an alternative and suggested they take a few months to rework the loading dock and garbage collection in the developer plans.

An Ill-Timed Newsletter

Before the Planning and Zoning meeting, former Surfside Mayor Charles Burkett emailed a newsletter with pictures of him and some others drinking together at the Four Seasons hotel. These included the three board members who approved the developer’s plan. The photos included current Surfside Mayor Shlomo Danzinger, Vice Mayor Jeffrey Rose, and a commissioner named Fred Landsman — all of whom will be voting on the developer’s plans later this September. They also included a shot of Carolyn Baumel sitting on the lap of David Forbes, a fellow member.

David Forbes defended himself, stating that they were simply having fun, conversing, and laughing as friends. According to him, they did not mention any business related to the county, city, or state.

Bobby Block, the executive director of the Florida First Amendment Foundation — a nonprofit dedicated to promoting open government — stated that the gathering might be in violation of Florida’s Sunshine Law. This law states that any gathering of two or more board members to discuss official actions must be open to the public.

Former Surfside Mayor Charles Burkett argues that the developer, staff, and planning and zoning board members seem to be less responsive to the public than DAMAC International. According to Burkett, they may be simply blaming the FDOT for forcing their hand and are purporting to have done their best.

The FDOT’s Answer

After the zoning board meeting on August 31, the FDOT said they met with the developer’s representatives on August 2, 2023, to talk informally about a future permit application. The initial site plan presented offered details on paving and drainage. DAMAC International’s representatives only requested driveway access onto SR A1A/Collins Avenue. On the north side of 88th Street, the site plan included a loading area. According to the FDOT, they have not received an official permit application from the developers. They did not make any recommendations or reviews. The statements do not correctly indicate their communications. They also stated that they are sensitive to the concerns of the public and will work with all parties to come up with a good solution.

The Developer’s Response

DAMAC International later stated that they are working to remove the garbage collection from the loading dock site. They are creating a system to deliver the garbage from within the site to the specified pick-up spot. The developer’s Senior Vice President of Communications, Niall McLoughlin, later stated that the statements they made about the FDOT were “made in good faith” and adhered to their interpretation of the traffic consultant’s advice based on the standard operating procedures of the department.

DAMAC International, Surfside officials, and the Surfside Memorial Committee are also arranging a meeting that would create a better strategy for sanitation collection that would consider all parties. To come up with a memorial project design, Surfside is deciding between two firms and is expected to submit their choice to the commission by November.

Members of the public may be present at the special commission meeting to discuss the developer plans on September 27, 2023, Wednesday at 6 p.m. The meeting will be held in the Town Commission Chambers at Town Hall. Alternatively, they may also observe the meeting at www.townofsurfsidefl.gov.