Broward County Commission Regular Meeting

MOTION TO DIRECT County staff, in consultation with the Office of the County Attorney, to work with the developers of the American Dream Miami and The Graham Companies property (collectively referred to as "Projects") and Miami-Dade County to implement commitments made by developer representatives at the special meeting of the South Florida Regional Planning Council ("SFRPC") on March 10, 2017, regarding the mitigation of traffic impacts of the Projects and the provision of transit service connections to and from Miami-Dade and Broward counties; and authorize the County Attorney, if necessary, to initiate legal action if and as he determines necessary, which might include filing actions for declaratory and injunctive relief, to implement same. (Commissioner Geller)

ACTION:  (T-4:08 PM)  Approved.  The Board requested that staff look into past back-up and discussion relative to traffic mitigation.  (Refer to minutes for full discussion.)

VOTE:  9-0.

Section 1-51.3 of the Broward County Code of Ordinances requires authorization of the Board of County Commissioners prior to the filing of a legal action.

Provides direction to County staff and authorizes the initiation of legal action, if necessary.

This item is being placed as a supplemental item on the County Commission agenda of May 8, 2018, due to its time-sensitivity. The Miami-Dade County Commission is scheduled to take action on this matter at its meeting of May 17, 2018.

International Atlantic, LLC, and The Graham Companies (collectively referred to as the "Developers") have submitted applications to Miami-Dade County for amendments to the Miami-Dade Comprehensive Development Master Plan ("CDMP") related to their properties in northwest Miami-Dade County that would allow the development of 3.5 million square feet of retail space, 1.5 million square feet of entertainment space, 2,000 hotel rooms, and 1.2 million square feet of common area and other uses on the International Atlantic property, and three million square feet of business park with one million square feet of retail and 2,000 residential units on the adjacent The Graham Companies property ("Applications"). County staff have identified extra-jurisdictional impacts of the Projects within Broward County, particularly related traffic and transit services.

As part of the expedited State review process for adoption of comprehensive plan amendments, on March 10, 2017, the SFRPC considered the Applications. Based on commitments made by the Developers' attorneys on the record, the SFRPC provided Miami-Dade County with comments finding that the comprehensive plan amendments were generally consistent with the Strategic Regional Policy Plan for South Florida; however,
 

". . . prior to final approval the Applicants need to ensure that the impacts of these developments, including but not limited to intergovernmental impacts to Miami-Dade and Broward Counties, and their respective municipalities; transportation, environmental; and other regional impacts…are adequately quantified and addressed. This specifically includes, but is not limited to, identifying and mitigating regional traffic impacts in Miami-Dade and Broward Counties, and coordination with Transit Agencies to provide transit service connections to/from North Miami-Dade and South Broward to the proposed onsite transit facilities. This shall be accomplished by execution of a Chapter 163, or other legal Agreement, which shall be executed reasonably concurrently with the CDMP."
 

The Miami-Dade County Commission is scheduled to consider the Applications for final adoption at a meeting on May 17, 2018. Miami-Dade County staff have represented that the conditions set forth above would not be included in the Chapter 163, Florida Statutes, development agreement. Broward County staff have attempted to contact the Developers' attorneys regarding an alternate agreement, as provided for in the comments, but no response has been received.