LDR Minutes 06/21/2017 June 21, 2017
MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW
SUBCOMMITTEE
Naples, Florida, June 21, 2017
LET IT BE REMEMBERED, the Collier County Development Services Advisory
Committee—Land Development Review Subcommittee in and for the County of Collier,
having conducted business herein, met on this date at 3:00 PM in a REGULAR
SESSION at the Growth Management Department Building, Room 609/610 2800 N.
Horseshoe Drive, Naples, FL with the following persons present:
Chairman: Clay Brooker
Blair Foley
Robert Mulhere
Brad Schiffer
ALSO PRESENT: Jeremy Frantz, Senior Planner
Richard Henderlong, Principal Planner
Mike Bosi, Zoning Division Director
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June 21, 2017
Any persons in need of the verbatim record of the meeting may request a copy of the audio recording
from the Collier County Growth Management Division—Planning and Regulation building—Contact
Mr. Evy Ybaceta at 239-252-2400.
1. Call to order
The meeting was called to order at 3:00pm
2. Election of Subcommittee Chairperson
Mr. Foley moved to appoint Clay Brooker as Chairman of the Development Services Advisory
Committee Land Development Review Subcommittee. Second by Mr. Mulhere. Carried
unanimously 4—0.
Mr. Brooker chaired the meeting.
3. Approve agenda
Mr. Foley moved to approve the Agenda. Second by Mr. Mulhere. Carried unanimously 4—0.
4. Old Business
None
LDC Amendment 5.05.16
Medical Marijuana Dispensaries
5. New Business
a. Staff presentation to Medical Marijuana Dispensaries LDC Amendment
i. Overview of Public Meeting Schedule
Mr. Henderlong provided an overview of the meeting schedule as follows:
• DSAC-LDR subcommittee: June 21, 2017- 3:00 PM
• DSAC: August 2nd, 2017- Daytime Public Meeting-3:00 PM
• BCC: July 11, 2017-Meeting for additional Board direction
• CCPC: July 31st, 2017-Night Time Public Hearing-5:05 PM
• BCC: September 12th and 26th, 2017 - Time To Be Determined
• Board Moratorium Ends-October 10, 2017
ii. Review of June 9,2017, statutory revisions
Staff provided the PowerPoint "LDC Amendment 5.05.16 Medical Marijuana Dispensaries"
for information purposes. They provided an overview of the most recent version of the Statute
including:
• Each Medical Marijuana Treatment Center is limited to operating 25 dispensing
facilities statewide until the registered qualified patients exceed 100,000 patients.
Thereafter, an increase can occur at the rate of 5 per 100,000 additional registered
qualified patients.
• Regulation of cultivation,processing, and delivery of marijuana by Medical Marijuana
Treatment Centers is preempted to the state except that;
• A MMTC cultivation or processing facility may not be located within 500 feet of public
or private elementary,middle, or secondary school.
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June 21, 2017
• A MMTC dispensing facility may not be located within 500 feet of a school except for
when there is held an open public formal proceeding upon which the county determines
the location promotes the public health, safety, and welfare of the community.
• A county or municipality can ban MMTC dispensing facilities from being located
within the county or municipality.
• A county or municipality that does not ban dispensing facilities may not;
• Limit the number of dispensing facilities,
• Enact an ordinance more restrictive than ordinances permitting or determining
locations for pharmacies, or
• Charge a license or permit fee in an amount greater than for pharmacies.
• A county or municipality may determine the location criteria and other permitting
requirements that do not conflict with state law or DOH rule.
• The Statute does regulate the floor plan and interior requirements of a facility, along
with handicap accessibility, signage,hours of operation, security measures, age
restrictions for sales, the type of products allowed to be dispensed and inspection
requirements.
iii. Review of LDC Text Recommendations
Staff reported the County has enacted a ban on the dispensing facilities through October of
2017and is determining if the ban should be extended. A Land'Development Code amendment
has been developed for consideration should the ban be lifted. They noted:
• The County is only dealing with Medical Marijuana Dispensary facilities, an arm of a
treatment facility which would not be located in the County.
• The dispensary would be an allowed use in districts with the same permitting and
location criteria as a pharmacy including C-2—5 districts and certain zoning overlay
districts.
• Commingling of business uses would not be permitted.
• The facility may not be located within 500 feet of a private or public elementary,
middle, or secondary school(consistent with State Statute).
• Construction of a school after the issuance of a permit for a dispensary would not cause
a non-conformity in the use.
• A waiver of distance separation can be granted by petition upon approval by the BZA at
a public hearing.
• Provisions for a MMD separation distance waiver are added to establish consistency
with the County's alcoholic beverage distance waiver process and comply with state
Statue.
b. Committee Questions and Initial Feedback
The Subcommittee reviewed the proposed amendment and suggested the following changes be
considered by Staff.
Section 1.08.02—Definitions—Consider eliminating the definitions and simply cite the Statute for
given the ones listed are taken verbatim from the State's language.
Section 1.08.02—Definitions—Medical Marijuana Dispensary—consider changing the language
from"...which is licensed in accordance..."to"...which is licensed and
operated in accordance..."
The Committee recommended the following changes to the text:
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June 21, 2017
1. Section 5.05.16.A. Medical Marijuana Dispensaries -to read "Medical Marijuana
Dispensaries shall be allowed in any zoning district where pharmacies are a permitted use,
subject to the following standards."
2. Section 5.05.16.A.1 Medical Marijuana Dispensaries-sentence in line 3 to be revised from
"The distance of 500 feet may be measured as the shortest..."to "The distance of 500 feet
shall be measured as the shortest..."
Speaker
Bill Barton noted the State heavily regulates and approves the uses and the County language mirrors
the State and noted the regulations by the County may not be needed.
It was noted although the amendment may mirror the State Statute, the County would need to provide
the State with a record of approval for the use before the facility is approved by the State.
Additionally, a waiver may need to be approved by the County and having some type of requirements
in place would facilitate the process. The County may also choose to adopt less restrictive standards
than those required for pharmacies in the County.
Mr. Mulhere moved to recommend the Board of County Commissioners, if electing not to ban the
dispensaries in the County, approve the proposed Land Development Code amendment subject to
the 2 recommended text changes shown above. Second by Mr. Foley.
Mr. Schiffer expressed concern on including the language on the BCC "banning"the dispensaries and
recommended the motion be limited to the recommended text changes should the amendment be
considered by the BCC.
Mr. Mulhere amended the motion to, if the Board of County Commissioners wishes to support
medical marijuana dispensary facilities, the proposed amendment to the Land Development Code be
approved subject to the 2 recommended text changes shown above. Second by Mr. Foley. Motion
carried 3 "yes"-1 "no."
6. Public comments
None
There being no further business for the good of the County, the meeting was adjourned by the order
of the Chair at 4:07PM.
COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE - LAND DEVELOPMENT
REVIEW SU COMMITTEE
Chairman,Flay Brooker
These Minutes were approved by the Committee on //-/3-I i , as presented X , or as
amended
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