The local government comprehensive plan adopted by the Village of Palmetto Bay pursuant
to Chapter 163, Part II, Florida Statutes, shall be consistent with the adopted Miami-Dade
County Comprehensive Development Master Plan (the CDMP) as it may be amended from
time to time, as applied to the site of the Florida Power and Light Cutler Ridge Electric
Power Generating Plant, a facility of countywide significance delineated by the plat
dated December 28, 1949 (Cutler Ridge Plant Site). Any use or activity allowed by
the CDMP in a land use classification which allows an electric power generating plant
shall be allowed at the Cutler Ridge Plant Site and may not be limited or impeded
in any way by the local government comprehensive plan adopted by the Village of Palmetto
Bay. Jurisdiction over the Cutler Ridge Plant Site for purposes of zoning and building
approvals (including but not limited to site plan approvals, issuance of building
permits, building inspections, compliance with the South Florida Building Code or
other applicable building code, issuance of certificates of occupancy, zoning applications,
special exceptions, variances, building and/or zoning moratoria, and all other types
of functions typically performed by Building and/or Zoning Departments) water and
sewer installations, compliance with environmental regulations, street maintenance
(including sidewalks, if applicable) and utility regulation shall be and is hereby
vested in Miami-Dade County regardless of any Village of Palmetto Bay code, charter,
or ordinance provision to the contrary.
This provision shall not alter or affect the legal rights of any person residing or
owning real property within the Village. The Village shall not institute, intervene
or otherwise participate in, in opposition to Miami-Dade County or FPL, any judicial
or formal administrative proceeding regarding land use or development of the Cutler
Ridge Plant Site, or Miami-Dade County's planning or regulatory requirements for any
electrical power generating facility of county-wide significance. This Section shall
be null and void upon an official determination by the Board of County Commissioners
of Miami-Dade County that the Cutler Ridge Plant Site is not in use for an electrical
power generating facility of county-wide significance and will not be used for such
a facility in the future.
This Charter provision shall be deemed self-executing.
