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File ID: 12289
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING /
DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ.
REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS
BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-
018 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 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA,
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(S): Approximately, 2222 Northwest 5 Avenue
APPLICANT(S): Louis J. Terminello, Esq., on behalf of on behalf of Bill's Nursery, Inc,
business owner.
APPELLANT(S): Louis J. Terminello, Esq., on behalf of on behalf of Bill's Nursery, Inc,
business owner.
PURPOSE: The Appellant seeks to appeal the Planning, Zoning and Appeals Board
decision.
FINDING(S):
OFFICE OF ZONING: Recommend denial of the appeal and upholding the decision of
the Zoning Administrator to deny the Certificate of Use.
PLANNING, ZONING AND APPEALS BOARD: The motion to grant the appeal on July
6, 2022, failed, by a vote of 4-5.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12289 Final Action Date:2/27/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE
APPEAL FILED BY LOUIS J. TERMINELLO, ESQ. REVERSING / AFFIRMING THE
PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN
RESOLUTION NO. PZAB-R-22-018 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 2222 NORTHWEST 5 AVENUE, MIAMI,
FLORIDA, 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 April 13, 2021, 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 Bill's Nursery, Inc., ("Appellant") for a Cannabis
Dispensary and/or Clinic use for the property located at approximately 2222 Northwest 5
Avenue, Miami, Florida ("Property"); and
WHEREAS, on April 28,2021, Louis Terminello, Esq., on behalf of the Appellant, 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 July 6,
2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-018 as a
failure to grant the appeal and reverse the decision of the Zoning Administrator by a vote of 4 to
5; 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 a 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 granting /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 / affirming 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-R22-018, 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.'
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.
APPROVED AS TO FORM AND CORRECTNESS: