Agenda 03/13/2018 Item #11E03/13/2018
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to affirm a
zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct
staff to issue a letter of no objection to the proposed location.
OBJECTIVE: To have the Board of County Commissioners (Board) affirm a zoning verification letter
regarding a proposed Medical Marijuana Treatment Center in the Rural Agricultural (A) zoning district.
CONSIDERATIONS: On November 13, 2017, the County received a zoning verification request for a
proposed Medical Marijuana Treatment Center facility that cultivates, processes and delivers medical
marijuana. The request was submitted by Francesca Passidomo from the firm Coleman, Yovanovich and
Koester, representing Barron Collier Corporation.
The proposed facility is located in Section 5, Township 46 South, Range 29 East, north of State Road 82
and east of State Road 29 (See attachment “A” for specific location). As indicated within the request, the
Property is currently zoned Agricultural and the Owner intends to cultivate and process medical marijuana
grown on-site and deliver medical marijuana to qualified patients and licensed dispensaries in accordance
with applicable statutory law.
The Florida Statutes provides in Section 381.986(11):
“(11) PREEMPTION. - Regulation of cultivation, processing, and delivery of marijuana by
medical marijuana treatment center is preempted to the state except as provided in this
subsection.
(a) A medical marijuana treatment center cultivating or processing facility may not be located
within 500 feet of the real property that comprises a public or private elementary school, middle
school, or secondary school.”
As noted above, Section 389.986 preempts local regulations related to the cultivation, processing and
delivery of medical marijuana, so long as such property is not within 500 feet of a school. The Property
is not located within 500 feet of real property that comprises a public or private elementary school,
middle school, or secondary school.
FISCAL IMPACT: There is no fiscal impact to the County anticipated with the affirmation of this
zoning verification letter.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: There are no anticipated impacts to the GMP
with the requested action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority vote for approval. - JAK
RECOMMENDATION: To affirm the response to the requested zoning verification letter and direct
staff to issue the letter of no objection to the proposed location.
Prepared by: Mike Bosi, AICP, Director, Zoning Division
ATTACHMENT(S)
1. ZVL-Att- (PDF)
11.E
Packet Pg. 168
03/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E
Doc ID: 4859
Item Summary: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct
staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division
Director)
Meeting Date: 03/13/2018
Prepared by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
02/14/2018 11:49 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
02/14/2018 11:49 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/14/2018 5:18 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/15/2018 2:57 PM
Growth Management Department James French Deputy Department Head Review Completed 02/16/2018 5:24 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2018 1:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2018 9:51 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/22/2018 11:32 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/03/2018 2:14 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
11.E
Packet Pg. 169
11.E.1
Packet Pg. 170 Attachment: ZVL-Att- (4859 : Marijuana Treatment Center Zoning Letter)
11.E.1
Packet Pg. 171 Attachment: ZVL-Att- (4859 : Marijuana Treatment Center Zoning Letter)