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The Village of Palmetto Bay conducted a Hybrid Special Council Meeting on Wednesday, June 25, the purpose of which was to continue discussion of the settlement agreement between 17777 Old Cutler Road LLC, a Georgia Limited Liability Company, and the Village of Palmetto Bay, regarding the development of the property located at 17777 Old Cutler Rd.
The settlement followed the judge’s order and the development rights granted by the village council in 2017 and VMU Ordinance in 2008. Current Village Mayor Karyn Cunningham and the council sought to overturn the ruling last year, but the court ruled against the village.
“I wish I could say that there was a perfect solution,” Mayor Cunningham said. “The agreement with Palmetto Bay Village Center LLC preserves 22 acres of land that would otherwise be vulnerable to development. It also prevents the developer from coming back and enacting the Live Local Act which would allow for approximately 2,300 units of workforce housing.
“Lacking legal options and a court order that allows for the vested rights that were provided to the property owner by three former colleagues on council, it is a chance to move forward — not just in compliance with the court’s ruling, but with a plan that still protects what matters most to us: our green spaces, our environment, and our way of life.”
At the June 25 Special Council Meeting, Mayor Cunningham, Councilmembers Patrick Fiore and Steve Cody voted to accept the agreement, as required by law. Vice Mayor Mark Merwitzer and Councilmember Marsha Matson voted against it. The resolution passed 3 to 2.
Merwitzer and Matson argued that the village should continue to fight the ruling in court, although the judge’s order made it clear to everyone that was not even an option and failure to accept the settlement, under the terms of the Bert J. Harris Jr. Private Property Rights Protection Act, would have resulted in the developer suing the village for $15 million in damages, which could have bankrupted the village and resulted in the loss of its bond rating.
The village will retain the property upon which the village library, amphitheater and parking area are located. Approving the settlement allows the village to move forward with other matters.
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