Miramar Commission approves settlement allowing 84‑unit affordable housing after heated public comments

The Miramar City Commission voted 3–2 on Nov. 5 to approve a settlement with Arbor Ridge that authorizes an 84‑unit mid‑rise affordable housing development at 3300 Foxcroft Road, concluding ongoing litigation over prior denials.

Building, Planning and Zoning Director Nixon Lebron said the proposal had been before the commission previously and that staff had found the technical criteria satisfied. He described the project as a five‑story building with 84 units (six one‑bed, 53 two‑bed, 15 three‑bed) and a 185‑space parking garage. City attorney Pam Booker summarized the litigation and mediation history and said the developer increased certain commitments during mediation, including raising a road‑maintenance donation from $150,000 to $200,000 and agreeing to crime prevention through environmental design features.

Residents from the adjacent Foxcroft condominium and neighboring communities spoke in opposition. Cheryl Mullings, a Foxcroft Road resident, told the commission the development would “tremendously affect our area” and described the proposal as “predatory” in the developer’s communications. Several speakers cited density, traffic, safety concerns and the difficulty for elderly, fixed‑income residents to move.

Commission debate focused on whether to accept the settlement package or continue litigation. Commissioner Chambers said he would vote no and proposed an alternative senior‑only development as a compromise. Commissioner Sherazard, who disclosed she lives on Foxcroft Road, said she could not, in good conscience, support the settlement because she found the terms inadequate. Vice Mayor Yvette Colburn said she supported the settlement because it preserves concessions for neighbors and avoids likely high legal costs.

City attorneys warned the commission that staff reviews noted the application met technical code requirements and that the city faced a low probability of prevailing in court; counsel estimated opposing counsel’s fees and related costs could be on the order of several hundred thousand dollars. Mayor Wayne Messam cast the deciding vote in favor of the settlement.

The approved settlement requires specified design and operational conditions, including CPTED‑style lighting, surveillance compatibility with city systems, keyed access controls, a six‑foot wall with enhanced landscaping along the eastern property line, and the $200,000 contribution for road maintenance should adjacent homeowners turn the roadway over to the city. The resolution also authorizes administrative corrections and other standard provisions. The commission directed staff to monitor compliance and to raise resident concerns during construction.

The settlement closes a chapter of litigation but leaves some neighbors unsatisfied; several asked the commission to continue advocacy in court rather than settle. The approved action was recorded as a formal resolution and will be filed with Broward Circuit Court as part of the case docket.