HomeMy WebLinkAboutR-25-00448City of Miami
Resolution R-25-0448
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12288 Final Action Date: 10/23/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF 6925 BISCAYNE,
LLC, REVERSING THE PLANNING, ZONING AND APPEALS BOARD'S
DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-017 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 6901 BISCAYNE BOULEVARD, MIAMI,
FLORIDA ("PROPERTY"), AND 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 February 25, 2021, 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"), the Zoning
Administrator denied the issuance of a Certificate of Use ("CU") to 6925 Biscayne LLC,
("Appellant") for a Cannabis Dispensary and/or Clinic use for the property located at
approximately 6901 Biscayne Boulevard, Miami, Florida ("Property"); and
WHEREAS, on March 8, 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-22-017, denying
the appeal and upholding the decision of the Zoning Administrator to deny the CU for the
Property by a vote of 4 to 5; and
WHEREAS, on July 13, 2022, Louis Terminello, Esq., on behalf of the Appellant, filed an
appeal of the PZAB decision as set forth in Resolution No. PZAB-R-22-017 to the City
Commission; and
WHEREAS, Section 2-211(a) of the City Code provides when the Zoning Administrator
may deny the issuance of a CU; and
WHEREAS, Section 7.1.2.1 of the Miami 21 Code indicates that the Zoning
Administrator shall withhold a Certificate of Use unless it is found that all the requirements of the
Miami 21 Code have been met; and
City of Miami Page 1 of 3 File ID: 12288 (Revision: A) Printed On: 12/1/2025
File ID: 12288 Enactment Number: R-25-0448
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, 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 between State and Federal law as State law allows
such Use, but Federal law prohibits the same; and
WHEREAS, Section 2.2.2 of the Miami 21 Code 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, the Appellant indicated in their appeal that there is no prohibition against
medical marijuana dispensing facilities in the Miami 21 Code or any other City enactments; and
that the subject Property is located in Transect T5-O, which permits General Commercial uses
by right including but not limited to pharmacies; 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 approving 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 the decision of the PZAB and
reversing 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 the appeal, reversing the PZAB decision
as set forth in Resolution No. PZAB-R22-017, and reversing the denial of the Certificate of Use
for a Cannabis Dispensary and/or Clinic for the Property.
City of Miami Page 2 of 3 File ID: 12288 (Revision: A) Printed on: 12/1/2025
File ID: 12288 Enactment Number: R-25-0448
Section 3. This Resolution shall be effective immediately upon its adoption and signature
of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy ng III, C y ttor -y 12/1/2025
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: 12288 (Revision: A) Printed on: 12/1/2025