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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 17941 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT, AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-25-043 AND REVERSING 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 2811 NORTH MIAMI AVENUE ("PROPERTY"), AND THEREBY REVERSING 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 2811 N. Miami Ave. APPLICANT(S): Louis J. Terminello, Esq., on behalf of on behalf of Bill's Nursery, Inc, business owner. APPELLANT(S) TO PZAB: Louis J. Terminello, Esq., on behalf of on behalf of Bill's Nursery, Inc, business owner. APPELLANT(S) TO CITY COMMISSION: Tamara Frost, Zoning Administrator on behalf of the City of Miami 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 16, 2025, passed, by a vote of 7-0. City of Miami Legislation Resolution Enactment Number: R-25-0371 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17941 Final Action Date:9/11/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT, AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-25-043 AND REVERSING 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 2811 NORTH MIAMI AVENUE ("PROPERTY"), AND THEREBY REVERSING 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 May 14, 2025, 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., ("Applicant") for a Cannabis Dispensary and/or Clinic use for the property located at approximately 2811 North Miami Avenue, Miami, Florida ("Property"); and WHEREAS, on May 20, 2025, Louis Terminello, Esq., on behalf of the Appellant, filed an appeal of the denial with the City of Miami ("City") Office of Hearing Boards; and WHEREAS, on the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 16, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R-25-043, approving the appeal and reversing the decision of the Zoning Administrator to deny the CU for the Property by a vote of seven to zero (7-0); and WHEREAS, Section 2-211 of the City Code states that the Zoning Administrator may deny the issuance of a Certificate of Use if there is activity from the proposed premises that is not in compliance with a zoning ordinance or other City ordinance; 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 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, 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, the Zoning Administrator found that the business located at 2811 North Miami Avenue, Miami, Florida would be in violation of federal law, specifically the Controlled Substance Act of 1971; 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, there is pending 40/50 Year Recertification violation (BB2347273) on the Property; 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 there is competent substantial evidence in the record to deny the appeal filed by the Zoning Department, affirm the decision of the PZAB, and thereby reverse the Zoning Administrator's denial of CU for a Cannabis Dispensary and/or Clinic for the Property; 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 appeal, affirms the decision of the PZAB set forth in Resolution No. PZAB-R-25-043, and thereby reverses the Zoning Administrator's denial of the Certificate of Use for a Cannabis Dispensary and/or Clinic for the Property — with the conditions that the 40/50 year recertification violation is properly addressed for a Certificate of Use to be issued pursuant to Chapter 2 of the City Code and any other applicable regulations and that the Appellant provide sufficient information to confirm that the establishment is not located within 500 feet of a public or private elementary, middle or secondary school. Section 3. This Resolution shall be effective immediately upon its adoption and signature of the Mayor.1 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.