HomeMy WebLinkAboutPZAB (12320) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-22-039
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 12320 Final Action Date: 9/7/2022
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB") GRANTING AN APPEAL FILED BY DFMMJ INVESTMENTS LLC OF THE
ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE ON JULY 06,
2022, 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, TITLED "
PERMITTED USES", FOR THE PROPERTY LOCATED AT APPROXIMATELY 3160
NORTH MIAMI AVENUE MIAMI, FLORIDA; 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"), 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 ("CU") to DFMMJ Investments LLC ("Appellant") for a Medical Marijuana
Dispensary Use for the property located at approximately 3160 North Miami
Avenue, Miami, Florida ("Property"); and
WHEREAS, on July 12, 2022, Louis Terminello, Esq., on behalf of the
Appellant, filed an appeal of the denial with the City of Miami's 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 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
City of Miami Page 1 of 3 File ID: 12320 (Revision:) Printed On: 9/21/2022
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
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, Section 2.2.2 of the Miami 21 Code 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 Planning, Zoning, and Appeals Board ("PZAB") finds
that there is competent evidence in the record to grant the appeal of the denial of
the Certificate of Use for a Medical Cannabis Dispensary for the Property;
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 Medical Cannabis
Dispensary for the Property located at 3160 North Miami Avenue, Miami, Florida.
Section 3. This Resolution shall be effective immediately upon its adoption.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING
BOARDS DIVISION WITHIN FIFTEEN (15) DAYS.
City of Miami
Page 2 of 3 File ID: 12320 (Revision:) Printed On: 9/21/2022
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami
Page 3 of 3 File ID: 12320 (Revision:) Printed On: 9/21/2022