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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 12609 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S OFFICE OF ZONING, THEREBY AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22- 039 AND REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE OR A MEDICAL MARIJUANA DISPENSING FACILITY PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3160 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION(S): Approximately 3160 North Miami Avenue APPLICANT(S): Ron L. Book, P.A. and Louis J. Terminello, Esq. on behalf of DFMMJ INVESTMENTS, LLC APPELLANT(S): Daniel Goldberg, Esq., Zoning Administrator and authorized designee on behalf of City of Miami City Manager Arthur Noriega V PURPOSE: The Appellant seeks to appeal the Planning, Zoning and Appeals Board decision. FINDING(S): OFFICE OF ZONING: Recommended that the appeal be granted, overturning the decision of the Planning, Zoning and Appeals Board, which voted to grant the Certificate of Use. PLANNING, ZONING AND APPEALS BOARD: The motion to grant the appeal on September 7, 2022, passed, by a vote of 7-3. City of Miami Legislation Resolution Enactment Number: R-24-0078 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12609 Final Action Date:2/22/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S OFFICE OF ZONING, THEREBY AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-039 AND REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE OR A MEDICAL MARIJUANA DISPENSING FACILITY PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3160 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 6, 2022, pursuant to Section 2-211 of the Code of the City of Miami, Florida, as amended ("City Code"), and Section 7.1.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), the City of Miami ("City") Zoning Administrator denied the issuance of a Certificate of Use ("CU") to DFMMJ Investments LLC, ("Owner") for a Medical Marijuana Dispensing Facility Use for the property located at approximately 3160 North Miami Avenue, Miami, Florida ("Property"); and WHEREAS, on July 12, 2022, Louis J. Terminello, Esq., on behalf of the Owner, filed an appeal of the denial with the Office of Hearing Boards; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 7, 2022, following an advertised public hearing, granted the appeal and reversed the decision of the Zoning Administrator by a vote of seven to three (7-3); and WHEREAS, the Office of Zoning filed an appeal of the decision of the PZAB; and WHEREAS Section 2-211(a) of the City Code states that the Zoning Administrator may deny the issuance of a CU for good cause; and WHEREAS, Section 7.1.2.1 of the Miami 21 Code indicates that the Zoning Administrator shall withhold a CU unless he finds that all the requirements of the Miami 21 Code have been met; and WHEREAS, Section 381.986(11), Florida Statutes, provides that a municipality may, by ordinance, ban medical marijuana dispensing facility 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 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, this presents a conflict under Section 2.2.2 of the Miami 21 Code as State law allows such use but federal law prohibits the same; and WHEREAS, such section requires that in the case of such conflict "the most restrictive or that imposing the higher standard shall govern," which would be federal law; 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 City Commission finds that the record supports denying the appeal filed by Office of Zoning; 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 and the facts presented justify affirming the decision of the PZAB and reversing the Zoning Administrator's denial of the CU; 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 Office of Zoning's appeal, thereby affirming the decision of the PZAB as set forth in Resolution No. PZAB-R-22-039 and reversing 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 be effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 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.