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Palmetto Bay village attorney John Dellagloria has confirmed that on June 25 a settlement agreement will be brought to the village council for signature. This came as a result of the Circuit Court and the Third District Court of Appeal ordering the village to cease its attempt to stop the development at the property, identified as the Palmetto Bay Village Center, from proceeding.
In September 2017 the village council, then under the leadership of then Mayor Eugene Flinn, approved the property owner’s application for site plan approval of a 480-unit multi-family project on the retained Village Mixed Use (VMU) site and the transfer of 85 development rights from the West Side site to the Retained VMU site. A small portion of the property was donated to the village for the Palmetto Bay Library.
In March 2022, the village council under the leadership of current Mayor Karyn Cunningham rendered a resolution denying the application to build the 480-unit multi-family project. The property owner challenged the resolution in Circuit Court by petition for writ of certiorari and by an action for declaratory and injunctive relief. The property owner also filed a claim for monetary damages pursuant to the Bert J. Harris Act. After the Third District Court of Appeal denied the appeal, the village was ordered to allow the original 2017 zoning ruling. To avoid further legal action and damages, the village has agreed to a settlement.
The property’s history: After damage caused by Hurricane Andrew in 1992, Burger King World Headquarters deeded the property over to 17777 Old Cutler Road LLC; Goddard Investment Group in Atlanta, GA. The new owner then created plans for development of something called the “Laguna Vista Master Plan Design,” which would turn the area into a new city center along Old Cutler Road.
The original Burger King building would become a pedestrian mall with restaurants, shops and other facilities adjacent to the residential complexes of townhouses at both the north and south ends of the property. The plan also includes a hotel.
“Building heights shall not exceed 85 feet above grade of the adjacent centerline of Old Cutler Road, plus two additional TDR bonus floors,” states the agreement. “This height limit does not preclude non-habitable spaces such as antennae, elevators, roof equipment, walkways, swimming pools, rooftop structures permitted by the Florida Building Code, stairs, railings and columns or architectural elements.”
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