HomeMy WebLinkAboutPZAB (8979) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-22-018
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 8979 Final Action Date: 7/6/2022
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD
("PZAB"), DENYING AN APPEAL FILED BY BILL'S NURSERY, INC. OF THE ZONING
ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE ON APRIL 13, 2021,
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 2222 NW 5 AVENUE, MIAMI, FLORIDA; 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 to Bill's Nursery, Inc, ("Appellant") for a Cannabis Dispensary and/or Clinic
use for the property located at approximately 2222 NW 5 Avenue, Miami, Florida;
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, 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 found that the business located at
2222 NW 5 Avenue, Miami, Florida would be in violation of federal law, specifically
the Controlled Substances Act of 1971, 21 U.S.C. ch. 13 § 801 et. seq.; and
City of Miami Page 1 of 3 File ID: 8979 (Revision:) Printed On: 7/28/2022
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 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 not 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 2222 NW 5 Avenue, 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
denies the appeal of the denial of the Certificate of Use and affirms the decision of
the Zoning Administrator to deny the Certificate of Use for a Cannabis Dispensary
and/or Clinic for the property located at 2222 NW 5 Avenue, 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.
City of Miami
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Section 4. This Resolution shall be effective immediately upon its adoption.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION
WITHIN FIFTEEN (15) DAYS.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami
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