HomeMy WebLinkAboutR-25-0371City of Miami
Resolution R-25-0371
Legislation
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
City of Miami Page 1 of 3 File ID: 17941 (Revision: A) Printed On: 9/23/2025
File ID: 17941 Enactment Number: R-25-0371
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
City of Miami Page 2 of 3 File ID: 17941 (Revision: A) Printed on: 9/23/2025
File ID: 17941
of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
Enactment Number: R-25-0371
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.
City of Miami Page 3 of 3 File ID: 17941 (Revision: A) Printed on: 9/23/2025