HomeMy WebLinkAboutPZAB (5711) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-21-009
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 5711
Final Action Date: 2/17/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD
("PZAB"), GRANTING AN APPEAL FILED BY MRC44, LLC, OF THE ZONING
ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE ON MARCH 21, 2019,
PURSUANT TO SECTION 2-211, TITLED "DENIAL OR REVOCATION OF
CERTIFICATE OF USE", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, 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", FOR THE PROPERTY LOCATED AT
APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI, FLORIDA; 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 Zoning Administrator denied the
issuance of a Certificate of Use to MRC44 LLC ("Appellant") for a Cannabis Dispensary and/or
Clinic use for the property located at approximately 90 Northeast 11 Street, Miami, Florida; and
WHEREAS, on March 27, 2019, William W. Riley, Jr., Esq., on behalf of the Appellant,
filed an appeal of the denial with the Office of Hearing Boards; 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 90 Northeast 11 Street, Miami, Florida would be in violation of
federal law, specifically the Controlled Substances Act of 1971; 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
City of Miami Page 1 of 3 File ID: 5711 (Revision: A) Printed On: 4/15/2021
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, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, the
Planning, Zoning, and Appeals Board ("PZAB") finds that there is competent substantial
evidence in the record to grant the appeal of the denial of the Certificate of Use for a Cannabis
Dispensary and/or Clinic for the property located at 90 Northeast 11 Street, Miami, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD 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 Planning, Zoning, and Appeals Board ("PZAB") hereby grants the
appeal of the denial of the Certificate of Use and reverses the decision of the Zoning
Administrator to deny the Certificate of Use for a Cannabis Dispensary and/or Clinic for the
property located at 90 Northeast 11 Street, Miami, Florida, based on the state law.
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 be effective immediately upon its adoption.
APPROVED AS TO LEGAL FORM AND CORRECTNESS.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION
WITHIN FIFTEEN (15) DAYS.
512°21
. Garcia -Pons, AICP, LEED AP Execution Date
City of Miami
Page 2 of 3
File ID: 5711 (Revision: A) Printed On: 4/15/2021
Director
Department of Planning
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority,E _A LE Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoingQQResolution.
SWORN AND SUBSCRIBED BEFORE ME THIS \ DAY OF �[lFr1 (- , 202!
LAzA.Vc-17AstL OR-T4
Print Notary Name ry
Public State of F orida
'IN% Notary Public State of Florida
Laxaro-Daniel grta
My Commission HH 042203
ov w/ Expires 01/03/2025
City of Miami Page 3 of 3 File ID: 5711 (Revision: A) Printed On: 4/15/2021