HomeMy WebLinkAboutPZAB (17701) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-25-043
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 17701 Date Rendered: 7/22/2025
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD, WITH
ATTACHMENT(S), GRANTING WITH CONDITIONS THE APPEAL FILED BY BILL'S
NURSERY, INC. OF THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE
OF USE FOR A CANNABIS DISPENSARY ON MAY 14, 2025 PURSUANT TO
SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
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, TITLED "PERMITTED USES," FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2811 NORTH MIAMI AVENUE, MIAMI,
FLORIDA ("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 City of Miami ("City")
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 2811 North Miami Avenue, Miami, Florida ("Property"); and
WHEREAS, on May 23, 2025, Louis Terminello, Esq., on behalf of the Appellant,
filed an appeal of the denial of the CU with the City's Office of Hearing Boards; 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, the Zoning Administrator found that the business located at the
Property 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
Date Rendered: 7/22/2025
City of Miami Page 1 of 3 File ID: 17701 (Revision:) Printed On: 7/22/2025
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, there is also a 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
Planning, Zoning and Appeals Board (`PZAB") finds that there is competent substantial
evidence in the record to grant the appeal of the denial of Certificate of Use for a
Cannabis Dispensary and/or Clinic 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 for the medical marijuana dispensary use
with the conditions that the 40/50 year recertification violation is properly addressed for a
Certificate of Use to 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.
City of Miami Page 2 of 3 File ID: 17701 (Revision:) Printed On: 7/22/2025
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION
WITHIN FIFTEEN (15) DAYS.
Reviewed and Approved:
David Snow
City of Miami Page 3 of 3 File ID: 17701 (Revision:) Printed On: 7/22/2025