Agenda 05/09/2017 Item #17CProposed Agenda Changes
Board of County Commissioners Meeting
May 9, 2017
Move Item 9A to Item 17D: Recommendation to adopt an ordinance amending Ordinance No. 02-
61, as amended, to amend the external boundaries of the Fiddler’s Creek Community Development
District #2, pursuant to Chapter 190.046, Florida Statutes, and to waive the optional local public
hearing on a petition to amend the external boundaries of Fiddler’s Creek Community Development
District #1 filed with the Florida Land and Water Adjudicatory Commission (FLWAC) since the CDD is
over 1,000 acres. (Commissioner Taylor’s request)
Move Item 17C to Item 9B: Recommendation to
adopt an Ordinance that will implement a temporary
moratorium on cannabis dispensing businesses, during
which time staff will develop and bring forward Land
Development Code Amendments regarding the
appropriate zoning designation and locational
restrictions suitable for such cannabis dispensing
businesses. Note by County Attorney: This moratorium
period commenced February 14, 2017 (Item 11-A), and
will expire February 13, 2018, absent further action by
the Board. (Commissioner McDaniel’s request)
Time Certain Items:
Item 11A to be heard immediately following Item 6A
05/09/2017
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance that will implement a temporary moratorium on cannabis
dispensing businesses, during which time staff will develop and bring forward Land Development
Code Amendments regarding the appropriate zoning designation and locational restrictions
suitable for such cannabis dispensing businesses. Note by County Attorney: This moratorium
period commenced February 14, 2017 (Item 11-A), and will expire February 13, 2018, absent
further action by the Board.
OBJECTIVE: To establish a temporary moratorium on cannabis dispensing businesses, while the
Collier County Land Development Code (LDC) is amended to regulate the appropriate location and
restrictions upon future locations for dispensing businesses.
CONSIDERATIONS: In 2014 the Florida Legislature enacted a law legalizing low-THC medical
cannabis in Florida and, with the passage of Amendment 2 on the November 8, 2016, Election ballot to
expand the law to legalize medical cannabis for compassionate care and l egalize high-THC formulation
(medical Cannabis) in Florida.
Based upon that recognition, the Board of County Commissioners (Board) desires to establish a
comprehensive set of land use regulations that provides for the appropriate zoning designation and
locational restrictions appropriate for such cannabis dispensing businesses. The Board has expressed
concerns over the potential adverse impacts on the health, safety, and welfare of residents and business
from secondary effects associated with the distribution of cannabis, potentially including, offensive odors,
trespassing, theft, fire hazards, increased crime in and about the dispensary, robberies, negative impacts
on nearby businesses, nuisance problems, and increased DUI incidents. Additionally, the above potential
adverse impacts are accentuated by the current difficulties experienced by cannabis businesses in
obtaining banking services necessitating such businesses to operate on a cash basis.
To provide for such regulatory framework that addresses the identified concerns, the Board recognizes
that a moratorium is necessary until the appropriate regulations are developed, vetted with the
Community and the local Planning Commission and adopted through a land development code (LDC)
amendment.
Additionally, State licensing and regulatory framework directs that the criteria for the number and the
location of, and other permitting requirements that do not conflict with state law or department rule for,
dispensing facilities of cannabis businesses may be determined by local Ordinance.
It should be noted that the Florida Legislature will develop the statutory regulations regarding the
Amendment 2 during the spring legislative session, with the regulations anticipated to be signed by the
Governor on July 1, 2017. The moratorium is designed to expire on February 13, 2018.
At its February 14, 2017, regular meeting (Item 11-A), the Board authorized the County Attorney to
advertise the proposed temporary Moratorium Ordinance for future consideration and directe d staff to
develop and bring forward Land Development Code amendments regarding the appropriate zoning
designation and locational restrictions appropriate for such cannabis dispensing businesses. The matter
was first forwarded to the Planning Commission, who heard the matter on April 6th and recommended
approval by a unanimous vote.
17.C
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05/09/2017
FISCAL IMPACT: The cost to advertise the proposed Ordinance was $375.21.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT PLAN IMPACT: The adoption of the Moratorium will not impact the
Growth Management Plan.
RECOMMENDATION: To adopt the attached Ordinance implementing a moratorium until
February 13, 2018, on new applications for development orders for medical marijuana dispensaries.
Prepared by: Mike Bosi, AICP, Planning & Zoning Director, Zoning Division, Growth Management
Department, and Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Cannabis Moratorium Ordinance - JAK signed (PDF)
2. County Ordinances - Moratoria (PDF)
3. Legal Ad - Cannabis Moratorium Ordinance (PDF)
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05/09/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 3091
Item Summary: Recommendation to adopt an Ordinance that will implement a temporary
moratorium on cannabis dispensing businesses, during which time staff will develop and bring forward
Land Development Code Amendments regarding the appropriate zoning designation and locational
restrictions suitable for such cannabis dispensing businesses. Note by County Attorney: This moratorium
period commenced February 14, 2017 (Item 11-A), and will expire February 13, 2018, absent further
action by the Board.
Meeting Date: 05/09/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
04/20/2017 11:32 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/20/2017 11:32 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/20/2017 4:26 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/21/2017 11:07 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/27/2017 1:59 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2017 9:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM
17.C
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17.C.1
Packet Pg. 1042 Attachment: Cannabis Moratorium Ordinance - JAK signed (3091 : Cannabis Moratoriam Ordinance - Adoption)
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Packet Pg. 1043 Attachment: Cannabis Moratorium Ordinance - JAK signed (3091 : Cannabis Moratoriam Ordinance - Adoption)
17.C.1
Packet Pg. 1044 Attachment: Cannabis Moratorium Ordinance - JAK signed (3091 : Cannabis Moratoriam Ordinance - Adoption)
17.C.1
Packet Pg. 1045 Attachment: Cannabis Moratorium Ordinance - JAK signed (3091 : Cannabis Moratoriam Ordinance - Adoption)
MEDICAL MARIJUANA
COUNTY ORDINANCES/MORATORIA
as of 1/26/17
COUNTY Ordinance Moratoria
Alachua Yes
Baker Yes
Bay Yes
Broward Yes
Calhoun Yes
Charlotte Yes
Citrus Yes
Clay Yes
Columbia Yes
Desoto Yes
Dixie Yes
Escambia Yes
Flagler Yes
Franklin Yes
Glades Yes
Hamilton Yes
Hernando Yes
Highlands Yes
Hillsborough Yes
Indian Rvier Yes
Jax/Duval Yes
Lake Yes
Levy Considering
Manatee Yes
Marion Yes
Miami-Dade Yes
Monroe Yes
Nassau Yes
Orange Yes
Osceola Yes
Palm Beach Considering
Pasco Yes
Polk Yes
Putnam Yes
St. Lucie Yes
Sumter Yes
Washington Yes
17.C.2
Packet Pg. 1046 Attachment: County Ordinances - Moratoria (3091 : Cannabis Moratoriam Ordinance - Adoption)
17.C.3
Packet Pg. 1047 Attachment: Legal Ad - Cannabis Moratorium Ordinance (3091 : Cannabis Moratoriam Ordinance - Adoption)