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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-22-0178 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-21-009 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE", AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERMITTED USES", FOR THE PROPERTY LOCATED AT APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 90 NE 11 St [Commissioner Ken Russell — District 2] APPELLANT(S) TO CITY COMMISSION: Art Noriega V, City Manager on behalf of the City of Miami APPELLANT(S) TO PZAB: Jeffrey Neiman, Esq., on behalf of MRC44, LLC APPLICANT(S): Jeffrey Neiman, Esq., on behalf of MRC44, LLC PURPOSE: The Appellant to City Commission has appealed the Planning, Zoning and Appeals Board's decision. FINDING(S): PLANNING DEPARTMENT: Recommended approval of the appeal to City Commission. PLANNING, ZONING AND APPEALS BOARD: Granted the appeal on February 17, 2021, by a vote of 7-4. City of Miami Legislation Resolution Enactment Number: R-22-0178 File Number: 8718 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:5/12/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-21-009 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE", AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERMITTED USES", FOR THE PROPERTY LOCATED AT APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 21, 2019, pursuant to Section 2-211 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Denial or Revocation of Certificate of Use", and Section 7.1.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), titled "Permitted Uses", the City of Miami's ("City") Zoning Administrator denied the issuance of a Certificate of Use to MRC44 LLC ("Applicant") for a Cannabis Dispensary and/or Clinic use for the property located at approximately 90 Northeast 11 Street, Miami, Florida ("Property"); and WHEREAS, on March 27, 2019, William W. Riley, Jr., Esq., on behalf of the Applicant, filed an appeal of the denial with the City's Office of Hearing Boards; and WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on February 17, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-009 by a vote of seven to four (7-4) granting the appeal filed by the Applicant and reversing the Zoning's Administrator's denial of the Certificate of Use for the Property; and WHEREAS, Section 2-211(a) of the City Code states that the Zoning Administrator may deny the issuance of a Certificate of Use for good cause; and WHEREAS, Section 7.1.2.1 of the Miami 21 Code indicates that the Zoning Administrator shall withhold a Certificate of Use unless he finds that all of the requirements of the Miami 21 Code have been met; and WHEREAS, Section 2.2.2 of the Miami 21 Code, titled "Conflicts", states that "[w]here the requirements of this Miami 21 Code vary with the applicable requirements of any law, statute, rule, regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall govern"; and WHEREAS, the Zoning Administrator, in consultation with the Office of the City Attorney, found that the business located at the Property would be in violation of federal law, specifically the Controlled Substances Act of 1971, 21 U.S.C. § 811; and WHEREAS, Section 381.986(11), Florida Statutes, provides that a municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of the municipality and that a municipality that does not ban such may not place specific limits, by ordinance, on the number of such that may locate within the municipality; and WHEREAS, Section 381.986(11), Florida Statutes, further provides that a municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of the municipality; a municipality may not enact ordinances for permitting or for determining the location of such facilities that are more restrictive than its permitting or locations for pharmacies licensed under Chapter 465, Florida Statutes, except that such facilities may not be located within 500 feet of a public or private elementary, middle, or secondary school unless the municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community; and WHEREAS, while marijuana for medical purposes is allowed by state law under Section 381.986, Florida Statutes, marijuana remains illegal under federal law because it remains classified as a Schedule I drug by the Drug Enforcement Administration under the Controlled Substances Act of 1971; and WHEREAS, the City's Zoning Department ("Appellant") filed an appeal of the PZAB's decision reversing the Zoning Administrator's denial of the Certificate of Use for the Property; and WHEREAS, based on the testimony and evidence presented and after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission finds that the record supports denying the appeal filed by Appellant; and WHEREAS, the City Commission, after careful consideration of this matter and for the reasons stated on the record at the public hearing, finds that the stated grounds for the subject appeal and the facts presented in support thereof justify affirming the decision of the PZAB and reversing the Zoning Administrator's denial of the Certificate of Use; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby denies the appeal giving rise to this public hearing, affirms the decision of the PZAB as set forth in Resolution No. PZAB-R-21-009, and reverses the denial of the Certificate of Use for a Cannabis Dispensary and/or Clinic for the Property. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.