Condo-Hotel Project Hits Snag

. October 14, 2008

By Amy Sherman, The Miami Herald

Knight Ridder/Tribune Business News

MIAMI, FL, December 7, 2005. The future of a five-star condo-hotel development in Dania Beach is now in limbo after Broward County commissioners failed to reach an agreement Tuesday that would allow it to move forward.

Commissioners are worried about the development because it lies close to a potential future expanded runway, sparking fears that the county could place people in harm's way if an airplane crashed near the airport.

"I'm not going to vote knowing that someone might lose their lives as a result of my vote," Commissioner Josephus Eggelletion Jr. said. "I can't do that."

And while the Federal Aviation Administration gave the developer the go-ahead, concluding that the project won't create hazards, it discourages placing such structures so close to runways.

Commissioners were trying to reach an agreement on whether to approve an amendment to the plat -- an early step in the development approval process.

But they may not have much wiggle room. To reject a plat, commissioners have to prove that the project clashes with the county's land development code. It doesn't, say county staff members. On the other hand, commissioners said they also have an obligation to protect the public.

"We are constrained by law," said Commissioner Kristin Jacobs. "A vote today does not mean we have abandoned our moral problems with the site."

After more than two hours of debate and a couple of failed motions, the issue rolled over to next week's meeting.

Eight of the nine commissioners attended Tuesday's meeting. Commissioner Jim Scott was in Tallahassee for the special legislative session. But commissioners could face another 4-4 vote next week, since Commissioner Diana Wasserman-Rubin said she will miss the meeting.

The proposed development, near Griffin Road and Interstate 95, includes a 13-story building with 419 condo-hotel units, 80 marina slips, 137,000 square feet of office space and 1,400 square feet of retail.

The residential units would sell for $400,000 to $500,000.

Some commissioners wanted to explore the idea of securing an option to buy a piece of the site if it falls within the "runway protection zone" -- an area the FAA recommends keeping clear.

But the exact location of that zone won't be known until the county makes a decision about expanding the south runway -- the subject of an environmental study due next year. The county doesn't want to spend millions of dollars on land and later conclude it wasn't needed.

County commissioners have reason to fear spending too much on land, which the owner says is worth more than $50 million. The county faced stiff criticism and a lawsuit after it paid more than double the appraised price for land at Port Everglades owned by Michael Swerdlow in 1997.

But developer Bayard Spector said he isn't holding on to the land while the price inflates with plans to sell it to the county. He says he already has reservations -- at a cost of $2,500 apiece -- for the majority of the hotel units and a waiting list for boat slips. He hasn't yet secured a hotelier for the Atlantic Village project.

Spector said in an interview that if the county takes part of the site, "the dream of building a five-star hotel goes down the drain."

It's unclear how much of the nine-acre site lies within the future runway protection zone. County aviation officials estimated slightly less than an acre, while Spector said that it's about half the site, and that its loss would eliminate the possibility of building anything except the offices.

Spector said he will inform prospective buyers about airplane noise and that their homes won't qualify for government mitigation dollars if the runway is expanded. He says the condos are attractive because soundproofing will block noise and because of their proximity to major highways and accessibility to Miami-Dade, Broward and Palm Beach counties.

Spector, who has never been a developer before, helped open record businesses as part of his family's Spec's Music chain in the past. He also worked as a stockbroker at American First Capital Corp. in Miami until he was accused of arranging for a stand-in to take stockbroker's license exams in 2001, according to Herald archives. Spector said in an interview Tuesday that he made a bad decision, that he pleaded guilty and that he received four months' probation.

If the county approves the plat amendment next week, the proposal will go to the city of Dania Beach.

Dania Beach Mayor Anne Castro said she's certain the city will work with the developer. The project will boost the city's marina industry and tax base, she said.

"We have been trying to do development and redevelopment -- this suits our plan," she said.

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