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 Miami Gardens
 Code of Ordinances
 Part I. CHARTER
 Article IX. SPECIAL CONDITIONS

  § 9.6. Jurisdiction Over Stadium Area Properties; Preservation of Rights and Approvals.  

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  • In recognition of the fact that the properties, referenced in Appendix "C" (hereinafter the "Properties"), have significant importance to the economy and well-being of the City and all Miami-Dade County, jurisdiction over the Properties for purposes of the Dolphin Center Development of Regional Impact Order and any amendments thereto, water and sewer installations (if applicable), compliance with environmental regulations, street maintenance (including sidewalks, if applicable), and utility regulations shall remain with Miami-Dade County.

    The City and Miami-Dade County shall have joint building and zoning jurisdiction for the Properties. The Properties shall be governed by a zoning ordinance that may only be adopted or amended by a majority vote of members present at a meeting of the City Council and a meeting of the Board of County Commissioners. All zoning inquiries and applications for zoning action for the Properties shall be submitted to the City. If the City Council approves an application for zoning action after public hearing, then upon the City's determination becoming final in accordance with the City's rules and regulations, it may only be reviewed by a court of competent jurisdiction. However, if the City Council denies an application for zoning action after public hearing, or approves an application for zoning action after public hearing with conditions that are not agreed to by the applicant, the applicant shall have the right to appeal the City Council's decision to the Board of County Commissioners for its review after public hearing. The Board of County Commissioners may affirm the decision of the City Council, alter the decision of the City Council and approve the application, or alter the decision of the City Council and approve the application with modifications, in each case by a majority vote of the total membership of the Board of County Commissioners, and upon such decision becoming final in accordance with the County's rules and regulations, it may only be reviewed by a court of competent jurisdiction. If the City denies an application for zoning action other than public hearing actions, or approves an application for zoning action other than public hearing actions, with conditions that are not agreed to by the applicant, the applicant shall have the right to appeal that decision first to the City Council, which shall affirm, affirm with conditions, or alter the decision within 60 days of submittal of the appeal, and then to the Board of County Commissioners in accordance with the above procedures for review of City Council decisions, provided, however, that if the City Council does not issue a decision within 60 days of submittal of the appeal, then the applicant may appeal directly to the Board of County Commissioners in accordance with the procedures governing appeals of administrative actions set out in Chapter 33 of the Code of Miami-Dade County.

    The City shall preserve, at a minimum, the development and building entitlements, approvals, and rights that exist or are otherwise applicable to the Properties, as of August 30, 2016.

(Amended August 30, 2016)