Miramar approves settlement allowing 84‑unit affordable complex at 3300 Foxcroft Road after mediation

The Miramar City Commission on Nov. 5 approved a settlement resolving Broward County Circuit Court case CACE24‑018160 that allows an 84‑unit, five‑story affordable housing development at 3300 Foxcroft Road to proceed under conditions negotiated in mediation.

The resolution passed 3–2. Vice Mayor Yvette Colburn, Commissioner Avon Edwards and Mayor Wayne Messam voted in favor; Commissioners Chambers and Sherazard voted against the settlement.

City Attorney Pam Booker told the commission the settlement followed mediation and formal litigation brought by the developer, Arbor Ridge Housing Partners. “The court will make a decision on what has been filed before them,” Booker said during the presentation, explaining the city faced a narrow window to settle or let the judge rule on briefs already filed. Under the settlement the developer agreed to conditions including design changes to comply with Crime Prevention Through Environmental Design (CPTED) principles, enhanced lighting and landscaping, a six‑foot fence and security measures and compatibility with the city’s police video systems. The developer also increased a previously offered contribution for maintenance of Foxcroft Road from $150,000 to $200,000.

The proposal drew more than a dozen residents from adjacent Foxcroft, Miramar Club and Waterview communities who said the scale of the project and the way it was advanced had damaged trust. Sherilyn Mullings, a Foxcroft resident, told commissioners the developer had been “predatory in nature in terms of the way they have dealt with this community,” and described the proposed density as “excessive.” Roland Sherazard, president of Foxcroft Condominiums, urged the commission to deny the settlement and continue to fight the application in court: “We ask that you continue to fight in court this case using the same ambition, the same fervor as you had for the incinerator,” he said.

Commissioners who supported the settlement said the city’s legal analysis found a high risk that a judge could overturn the denial and that a court order could carry no community protections. Commissioner Edwards, who voted for settlement, said the city risks paying substantial litigation costs and losing the negotiated concessions if it takes the case to judgment: “A bird in the hand is better than two in the bush,” he said.

The settlement resolution asks the city to find that the access easement provides legal access, that the plat and site plan are in substantial compliance with city code, and to require implementation of CPTED measures, a security plan with on‑site management and tenant screening, parking and paving repairs, and the $200,000 road maintenance contribution if homeowners convey the road to the city. The agreement also requires the developer to provide a compacted new layer of asphalt, improved sidewalks and tree installations along the northern property line.

Mayor Messam told residents he had asked developers’ counsel to ensure the developer “do right by the neighbors” during construction, and said residents should report problems so the commission can follow up.

The commission’s action resolves the city’s obligation under the mediation timetable; if the commission had not approved a settlement, the case would have returned to the circuit court for a judge’s ruling on the administrative record. The resolution was entered on the public record and will be filed with the court.

The case number in court is CACE24‑018160. The developer is Arbor Ridge Housing Partners and the parcel is identified by Broward County parcel ID 514129010091.