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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 12835 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING 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 ("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 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING 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 2155 Southwest 22 Street APPLICANT(S): Louis J. Terminello, Esq., on behalf of DFMMJ INVESTMENTS, LLC APPELLANT(S): Ron L. Book, P.A. and Louis J. Terminello, Esq., co -counsels on behalf of DFMMJ INVESTMENTS, LLC PURPOSE: The Appellant is seeking to have a decision of the Planning, Zoning and Appeals Board reversed. FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and upholding the decision of the Planning, Zoning and Appeals Boards, to deny the Certificate of Use. PLANNING, ZONING AND APPEALS BOARDS: On October 11, 2022, the motion to deny the appeal passed, by a vote of 6-1. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12835 Final Action Date:9/26/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22- 047 AFFIRMING 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 ("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 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING 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 August 15, 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 Cannabis Dispensary and/or Clinic use for the property located at approximately 2155 Southwest 22 Street, Miami, Florida ("Property"); and WHEREAS, on August 17, 2022, Louis Terminello, Esq., on behalf of the Appellant, filed an appeal of the denial of the CU with the Office of Hearing Boards; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 11, 2022, following an advertised public hearing, adopted Resolution No. PZAB- R-22-047 by a vote of six to one (6-1), Item No. 5., denying the appeal and affirming the decision of the Zoning Administrator; and WHEREAS, Louis Terminello, Esq., on behalf of the Appellant, filed with the Office of Hearing Boards an appeal of the PZAB decision to deny the appeal; 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 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 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 approving/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 reversing / upholding the decision of the PZAB and reversing/affirming 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 grants / denies the appeal, reversing / affirming the decision of the PZAB as set forth in Resolution No. PZAB-R22-047, and reversing / affirming the denial of the Certificate of Use for a Cannabis Dispensary and/or Clinic for the Property. Section 3. 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.