DSAC Agenda 08/03/2022
Development Services Advisory
Committee
Meeting
Wednesday, August 3, 2022
3:00 pm
2800 N. Horseshoe Dr.
Naples, FL 34104
Growth Management Department
Conference Room 609/610
If you have any questions or wish to meet with
staff, please contact
Trish Mill at 252-8214
For more information, please contact Trish Mill at (239) 252-8214 or Patricia.Mill@colliercountyfl.gov
Development Services Advisory Committee
Agenda
Wednesday, August 3, 2022
3:00 pm
2800 N. Horseshoe Dr., Naples, FL 34104
Growth Management Building, Conference Rooms 609/610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the
time. Speakers are required to fill out a “Speaker Registration Form”, list the topic they wish to address and hand it
to the Staff member before the meeting begins. Please wait to be recognized by the Chairman and speak into a
microphone. State your name and affiliation before commenting. During the discussion, Committee Members may
direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to
conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order
and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing
Reporter can record all statements being made.
1. Call to order - Chairman
2. Approval of Agenda
3. Approval of Minutes:
a. DSAC Meeting – June 1, 2022
b. DSAC LDR Meeting – May 25, 2022
4. Public Speakers
5. Staff Announcements/Updates
a. Development Review Division – [Jaime Cook]
b. Code Enforcement Division – [Mike Ossorio]
c. Public Utilities Department – [Matt McLean]
d. Growth Management Dept. Transportation Engineering Division – [Jay Ahmad or designee]
e. Collier County Fire Review – [Shar Beddow or Shawn Hanson, Assistant Chief, Fire Marshal]
f. North Collier Fire Review – [Chief Sean Lintz or Deputy Director Daniel Zunzunegui]
g. Operations & Regulatory Mgmt. Division – [Ken Kovensky]
h. Zoning Division – [Mike Bosi]
For more information, please contact Trish Mill at (239) 252-8214 or Patricia.Mill@colliercountyfl.gov
6. New Business
a. NIM process modifications [Requested by Clay Brooker]
b. SB 4D – Existing building recertification [Rich Long]
c. Land Development Code Amendments
i. PL20220004273 – Medical Marijuana Dispensaries
ii. PL20220004350 – Golden Gate Estates Variance Distance Notification
7. Old Business
8. Committee Member Comments
9. Adjourn
FUTURE MEETING DATES:
September 7, 2022 – 3:00 pm
October 5, 2022 – 3:00 pm
November 2, 2022 – 3:00 pm
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220004273
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment shall allow medical
marijuana dispensaries to become a new permitted land use in the same
zoning districts where pharmacies and drug stores are permitted.
ORIGIN
BCC
HEARING DATES LDC SECTION(S):
BCC TBD 1.08.02
2.03.03
2.03.04
2.03.06
2.03.07
5.05.16
Definitions
Commercial Zoning Districts
Industrial Zoning Districts
Planned Unit Development Districts
Overlay Zoning Districts
Medical Marijuana Dispensaries (New Section)
CCPC TBD
DSAC 08/03/22
DSAC-LDR 07/27/22
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Not Approve
DSAC
TBD
CCPC
TBD
BACKGROUND
On May 10, 2022, the Board directed staff to advertise and bring back for consideration a Land Development
Code Amendment (LDCA) to allow medical marijuana/cannabis dispensaries in the same zoning districts as
pharmacies and report back on any law enforcement issues related to existing dispensaries, specifically those
located in Bonita Springs and three or four on Bonita Beach Road. An update to 2021 F.S. 381.986 regulatory
framework for medical marijuana dispensing facilities, as distinguished from the cultivation and processing and
the delivery of medical marijuana was performed. The yellow highlighted textual changes represent the statutory
changes adopted since the previous LDC amendment was publicly voted on May 10,2018. Staff recently contacted
various law enforcement agencies to obtain a law enforcement report on any issues related to existing Medical
Marijuana Treatment Centers’ dispensaries within Lee and Collier Counties. The law enforcement report,
regulatory framework, and specific amendment changes are presented below.
Applicable Statutory Dispensing Facilities Regulatory Framework:
On June 9, 2017, the Florida legislature enacted Senate Bill 8-A to allow the medical use of marijuana to be
dispensed through a state approved Medical Marijuana Treatment Center (MMTC). Only a MMTC is licensed to
cultivate, process, transport and dispense medical cannabis. Section 381.986 (11) F.S., states “Regulation of
cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the
state…” The proposed LDCA does not address the cultivation and processing of medical marijuana use. Per
section 381.986 (8.j) F.S., “Medical marijuana treatment centers are the sole source from which a qualified patient
may legally obtain marijuana.” Section 381.986 (11.b.1) F.S. states, “A county or municipality that does not ban
dispensing facilities under this subparagraph may not place specific limits, by ordinance, on the number of
dispensing facilities that may locate within that county or municipality.” There are no limits to the number of
dispensaries with this LDCA.
Section 381.986 (11.b.2) F.S. states, “A county 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, all such dispensin g
2
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facilities located within the unincorporated areas of that county.” Additionally, the county ‘...may not enact
ordinances for permitting or for determining the locations of dispensing facilities which are more restrictive than
its ordinances for permitting or determining the locations for pharmacies licensed under F.S. 465.” The proposed
amendment’s land use location for dispensing facilities is consistent with the county’s criteria for pharmacies and
drug stores.
Section 318.986 (11.c) F.S. states, “A medical marijuana treatment dispensing 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 unless the county or municipality determines that the location promotes the public health, safety, and
general welfare of the community.” This provision has been included in the amendment’s new LDC section
5.05.16 B-Medical Marijuana Dispensaries.
Number of Licensed MMTCs, Dispensing Facilities, and Law Enforcement Issues to Existing MMTCs;
The Florida Department of Health’s latest weekly update report, June 03, 2022, published by the “Office of
Medical Use of Marijuana” confirms a total of 436 dispensing locations for twenty two MMTCs, and 726,390
qualified patients with active identification cards have been authorized. Currently, there are eleven existing
MMTCs operating twenty eight dispensaries located in Bonita Springs (10), Ft. Myers (9), Cape Coral (7), Lehigh
Acres (1) and Marco Island (1). See Exhibit A for the list of existing MMTC’s dispensing facilities operating
within Lee and Collier County and the law enforcement issue report.
The LDC proposed textual changes are summarized in Exhibit B.
DSAC-LDR SUBCOMMITTEE RECOMMENDATION: On July 27, 2022, the DSAC-LDR Subcommittee,
after hearing public comments, reviewed the amendment and voted to recommend the Board ban medical
marijuana dispensaries as a permitted land use. Further, should the Board decide to allow medical marijuana
dispensaries as a permitted use, then DSAC-LDR Subcommittee recommends the following LDC amendment
changes:
• In LDC section 5.05.16 D.1.a, change the words from “dark sky compliant outdoor lighting” to read
“photometric compliant outdoor lighting”, and seek professional counsel on lighting designs to existing
lighting in shopping centers, strip centers or multi-tenant buildings.
• In LDC section 5.05.16, delete subsection B.2 in its entirety because as the proposed text doesn’t exist
anywhere else in the LDC where there is a distance separation requirement.
The recommended changes have been incorporated.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts to the County.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff.
EXHIBITS: A) Medical Marijuana Treatment Centers-Dispensaries; B) Summary of LDC Changes
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
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Amend the LDC as follows:
1.08.02 Definitions 1
2
* * * * * * * * * * * * * 3
4
Low-THC cannabis: Has the same meaning as in F.S. 381.986; a plant of the genus 5
Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more 6
than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any 7
part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such 8
plant or its seeds or resin that is dispensed from a medical marijuana dispensary. 9
10
* * * * * * * * * * * * * 11
12
Marijuana: Has the same meaning as in F.S. 381.986; all parts of any plant of the genus 13
Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the 14
plant; and every compound, manufacture, salt, derivative, mixture, or preparation o f the plant or 15
its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana 16
dispensary for medical use, as defined by F.S., by a qualified patient. 17
18
* * * * * * * * * * * * * 19
20
Medical marijuana dispensary: A dispensing facility of a medical marijuana treatment 21
center, which is licensed in accordance with F.S. 381.986. 22
23
* * * * * * * * * * * * * 24
Medical use: Has the same meaning as in F.S. 381.986; the acquisition, possession, use, 25
delivery, transfer, or administration of marijuana authorized by a physician certification. The term 26
does not include: 27
28
1. Possession, use, or administration of marijuana that was not purchased or 29
acquired from a medical marijuana dispensary. 30
31
2. Possession, use, or administration of marijuana in a form for smoking, in the form 32
of commercially produced food items other than edibles, or of marijuana seeds or 33
flower, except for flower in a sealed, tamper-proof receptacle for vaping. 34
35
3. Use or administration of any form or amount of marijuana in a manner that is 36
inconsistent with the qualified physician’s directions or physician certification. 37
38
4. Transfer of marijuana to a person other than the qualified patient for whom it was 39
authorized or the qualified patient’s caregiver on behalf of the qualified patient. 40
41
5. Use or administration of marijuana in the following locations: 42
43
a. On any form of public transportation, except for Low-THC cannabis not in 44
the form for smoking. 45
46
b. In any public place, except for Low-THC cannabis not in a form for smoking. 47
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1
c. In a qualified patient’s place of employment, except when permitted by his 2
or her employer. 3
4
d. In a state correctional institution, as defined in F.S. 944.02 or a correctional 5
institution, as defined in F.S. 944.241. 6
7
e. On the grounds of a preschool, primary school, or secondary school, 8
except as provided in F.S. 1006.062. 9
10
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for Low-THC 11
cannabis not in a form for smoking. 12
13
6. The smoking of marijuana in an enclosed indoor workplace as defined in F.S. 14
386.203(5). 15
16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
19
2.03.03 Commercial Zoning Districts 20
21
* * * * * * * * * * * * * 22
23
B. Commercial Convenience District (C-2). 24
25
* * * * * * * * * * * * * 26
1. The following uses, as identified with a number from the Standard Industrial 27
Classification Manual (1987), or as otherwise provided for within this section are 28
permissible by right, or as accessory or conditional uses within the C-2 commercial 29
convenience district. 30
31
a. Permitted uses. 32
33
* * * * * * * * * * * * * 34
46. Medical marijuana dispensary with 1,800 square feet or less gross 35
floor area in the principal structure and subject to LDC section 36
5.05.16. 37
**Renumber remaining uses** 38
39
* * * * * * * * * * * * * 40
41
C. Commercial Intermediate District (C-3). 42
43
* * * * * * * * * * * * * 44
45
1. The following uses, as identified with a number from the Standard Industrial 46
Classification Manual (1987), or as otherwise provided for within this section are 47
permissible by right, or as accessory or conditional uses within the commercial 48
intermediate district (C-3). 49
50
a. Permitted uses. 51
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1
* * * * * * * * * * * * * 2
57. Medical marijuana dispensary, subject to LDC section 5.05.16. 3
**Renumber remaining uses** 4
5
* * * * * * * * * * * * * 6
7
D. General Commercial District (C-4). 8
9
* * * * * * * * * * * * * 10
11
1. The following uses, as defined with a number from the Standard Industrial 12
Classification Manual (1987), or as otherwise provided for within this section are 13
permissible by right, or as accessory or conditional uses within the general 14
commercial district (C-4). 15
16
a. Permitted uses. 17
18
* * * * * * * * * * * * * 19
86. Medical marijuana dispensary, subject to LDC section 5.05.16. 20
**renumber remaining uses** 21
22
* * * * * * * * * * * * * 23
24
E. Heavy Commercial District (C-5). 25
26
* * * * * * * * * * * * * 27
1. The following uses, as identified with a number from the Standard Industrial 28
Classification Manual (1987), or as otherwise provided for within this section are 29
permissible by right, or as accessory or conditional uses within the heavy 30
commercial district (C-5). 31
32
a. Permitted uses. 33
34
* * * * * * * * * * * * * 35
36
106. Medical marijuana dispensary, subject to LDC section 5.05.16. 37
**renumber remaining uses** 38
39
# # # # # # # # # # # # # 40
41
2.03.04 Industrial Zoning Districts 42
43
* * * * * * * * * * * * * 44
45
B. Business Park District (BP). 46
47
* * * * * * * * * * * * * 48
1. The following uses, as identified within the latest edition of the Standard Industrial 49
Classification Manual, or as otherwise provided for within this section, are 50
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permitted as of right, or as uses accessory to permitted primary or secondary uses, 1
or are conditional uses within the business park district. 2
3
* * * * * * * * * * * * * 4
5
b. Permitted secondary uses accessory to the business park district. 6
Development is limited to a maximum of 30 percent of the total acreage of 7
the business park district for the following uses: 8
9
* * * * * * * * * * * * * 10
11
4. Drug stores (5912, limited to drug stores and pharmacies) in 12
conjunction with health services group and medical 13
laboratories/research/rehabilitative groups. ; and medical marijuana 14
dispensaries, subject to LDC section 5.05.16. 15
16
# # # # # # # # # # # # # 17
18
2.03.06 Planned Unit Development Districts 19
20
* * * * * * * * * * * * * 21
22
D. The following are permissible uses in the Research and Technology Park PUD: 23
Identified Use Special Notes
Or Regulation RTPPUD
Accessory uses and structures 4.07.02 and
5.03.00 P
Accounting 8721, 7521,7231,7241 NT
Administrative offices P (2)
Aircraft & Parts 3721-3728
Aviation/Aerospace Industries
T
ATM (automatic teller machine) P
Automobile service station §5.05.05 NT
Banks and financial establishments
Group I 6011—6062
Group II 6081—6173
NT
NT
Bar or cocktail lounge -
Barber Shops 7241 NT
Beauty Shops 7231 NT
Boats:
Boat ramps and dockage (not marinas)
Boat rental
Boat repair and service
Boat sales
5.03.06 NT
-NT
Broadcast studio, commercial radio and television T
Business services 7311—7352, 7359—7389 NT
Cable and other pay television services 4841 T
Call Center and Customer Support Activities T
Car wash NT
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CD-ROM development T
Clothing stores, general NT
Communication groups 4812—4841 T
Communication towers:
75 feet or less in height
More than 75 feet in height
5.05.09 P
CU
Computer and data processing services, Computer related services,
not elsewhere classified
T
Consumption on premises NT
Convenience food and beverage store NT
Day care center, adult & and child services P/NT
Data and Information processing T
Development testing and related manufacturing T
Drive-through facility for any Permitted use P
Drugs, Medicine 2833-2836 T
Drugstore, pharmacy 5912 NT
Dwelling unit:
Single-family, duplex
Two-family attached
Townhouse, multiple-family building
P
P
P
Educational, scientific and research organizations T
Engineering 0781, 8711—8713, 8748 NT
Export based laboratory research or testing activities T
Fences, walls 5.03.02 P
Food and beverage service, limited NT
Food stores 5411—5499 NT
Gasoline dispensing system, special NT
General Merchandise 5331—5399 NT
General Contractors 1521—1542 NT
Gift and souvenir shop NT
Hardware store 5251 NT
Health care facilities:
8011—8049
8051—8099
NT
NT
Health Technologies T
Heliport or helistop P
Hobby, toy and game shops NT
Hotel/motel: 7011, 7021, 7041 NT
Housing units for employees only 5.05.03 P
Insurance companies 6311—6399, 6411 NT
Information Technologies T
Laboratories 5047, 5048, 5049, 8071, 8731, 8734 T
Laundry or dry cleaning NT
Legal Offices 8111 NT
MANUFACTURING OF:
1. Electronics 3612—3699 T
2. Measuring, analyzing & and Controlling instruments, 3812—3873 T
3. Novelties, jewelry, toys and signs NT
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Management 8741—8743, 8748 NT
Medical Laboratory 8071, 8072, 8092, 8093 T
Medical marijuana dispensary 5.05.16 NT
Membership Organization 8611—8699 NT
Motion picture production studio 7812—7819 NT
Multimedia activities T
Parks P
Parking lot:
Accessory
Garage, public parking
P
P
Personal services 7211—7299 NT
Pharmacy NT
Photo finishing laboratory T
Photographic Studios 7221 NT
Physical Fitness 7991 NT
Play Ground P
Printing and publishing 2752 T
Production facilities and operations/technology based T
Professional Office NT
Research, development laboratories & and Technology Parks: 8071,
8731, 8734 See Note (3) P
All others P
Residential Development including care units, family care facilities
and group care facilities
P
Residential accessory uses NT
Restaurant, fast food NT
Restaurants 5812—5813 NT
Schools:
Commercial 8243—8299
NT
Security & and Commodity Brokers 6211—6289 NT
Self-service fuel pumps NT
Signs in accordance with 5.06.00 § 5.06.00 P
Storage:
Indoor only
P
Studios NT
Telephone communications 4813 T
Travel Agency 4724 NT
1
Legend: (-) not permitted, (P) permitted, (CU) conditional use (T) target industry 2
[RTPPUD only], (NT) non -target industry [RTPPUD only] 3
4
Notes: 5
(1) Subject to limitations for commercial uses set forth in LDC subsection 2.03.03 C. 6
of this LDC. 7
(2) Accessory uses only. 8
(3) Subject to ordinance 02-24 (GMP amendment). 9
10
* * * * * * * * * * * * * 11
12
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I. A Medical marijuana dispensary is a permitted use, subject to LDC section 5.05.16, 1
within PUDs approved prior to [effective date of the ordinance], only when the PUD’s 2
list of permitted uses includes SIC code 5912, drug store, pharmacy, or any of the 3
following zoning districts listed in the PUD: C -2 with 1,800 square feet or less gross 4
floor area , C-3, C-4, C-5, BP, or RTPPUD. 5
6
# # # # # # # # # # # # # 7
8
2.03.07 Overlay Zoning Districts 9
10
* * * * * * * * * * * * * 11
12
H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties 13
abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., 14
as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden 15
Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. 16
17
* * * * * * * * * * * * * 18
19
6. The following uses, as identified within the latest edition of the Standard Industrial 20
Classification Manual, or as otherwise provided for within this section, are 21
permitted as of right, or as uses accessory to permitted primary or secondary uses, 22
or are conditional uses within the Santa Barbara Commercial Overlay District. 23
24
a. Permitted uses. 25
26
* * * * * * * * * * * * * 27
28
51. Medical marijuana dispensary, subject to LDC section 5.05.16. 29
**Renumber remaining uses** 30
31
* * * * * * * * * * * * * 32
# # # # # # # # # # # # # 33
34
5.05.16 - Medical Marijuana Dispensaries. 35
36
A. Purpose and Intent. The purpose of this section is to provide for the compatibility of 37
medical marijuana dispensaries with surrounding uses and to protect the health, safety, 38
and welfare of the general public by adherence to Section 381.986 F.S. 39
40
B. Separation Distances. 41
42
1. A medical marijuana dispensary shall not be located within 500 feet of the real 43
property that comprises a public or private elementary, middle, or secondary 44
school. The distance of 500 feet shall be measured as the shortest distance 45
between the lot on which the school is located and the lot on which the medical 46
marijuana dispensary is located, except that medical marijuana dispensaries 47
located in shopping centers shall be measured from the outer wall of the 48
establishment. 49
50
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2. The erection of any public or private elementary school, middle school, or 1
secondary school subsequent to the issuance of a development order for a medical 2
marijuana dispensary shall be a legal non-conforming use subject to LDC section 3
9.03.02. 4
5
C. Signage. Signage shall be limited to one wall sign or hanging sign in the window of the 6
premises that identify the medical marijuana dispensary by business name, the state 7
Department of Health (DOH) approved trade name, or the DOH approved logo and meet 8
the requirements of LDC section 5.06.00. A medical marijuana dispensary’s trade name 9
and logo may not contain wording or images commonly associated with marketing 10
targeted toward children or which promote recreational use of marijuana. 11
12
D. Security Measures and Design. 13
14
1. Medical marijuana dispensaries shall be designed and equipped with the following: 15
16
a. A dark sky photometric compliant outdoor lighting system that is intended 17
to clearly identify persons and vehicles on premise, oriented downward and 18
shielded to minimize light trespass and glare. The design shall reduce 19
excessive glare, light trespass, and sky glow with light fixtures that are full 20
cutoff with flat lenses. 21
22
b. The indoor premises will include a waiting area with adequate seating for 23
qualified patients and caregivers and at least one private consultation area 24
that is isolated from the waiting area and the area where dispensing occurs. 25
26
c. The medical marijuana transport delivery vehicle shall be parked in a 27
garage or fully enclosed structure, when not in use for delivery. 28
29
2. The following are prohibited; 30
31
a. Drive-through, drive-ins, curbside pickup, take-out windows or similar 32
outdoor transaction facilities and all outdoor transactions. 33
34
b. The display of products, marijuana, or marijuana delivery devices in the 35
waiting area. 36
37
c. Dispensing from the premises marijuana or a marijuana delivery device 38
between the hours of 9:00 P.M. and 7:00 A.M. 39
40
# # # # # # # # # # # # # 41
Exhibit A-Medical Marijuana Treatment Centers-Dispensaries
11
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Exhibit A-Medical Marijuana Treatment Centers-Dispensaries
12
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LAW
ENFORCEMENT
AGENCY
CONTACT
LAW ENFORCEMENT ISSUE REPORT
Marco Island Police
Department
Captain Rich
Stoltenborg
Report Date
/Period
Any increase in crime associated
with existing MMTCs?
6-2-22
One existing MMTC, opened within
the last two to three weeks. None.
Collier County Sheriff’s
Office
Captain Scott
Forth,
Homeland
Security:
Lieutenant
Gary
Gambino,
Vice and
Narcotics
Bureau
5-31-22
None.
Lee County Sheriff’s
Office
Sergeant
Adam Winton,
School Threat
Enforcement
Team
6-3-22/
1-1-21 to 6-1-22
“Nothing higher than normal
prevalence.” Two incidents, “assault
and aggravated assault at Trulieve
sites” which “do not appear to cause
issues for law enforcement….”.
Exhibit B-Summary of LDC Changes
13
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Marijuana Dispensaries\PL 20220004273 Medical Marijuana Dispensaries 8-03-22 DSAC.docx
Changes to LDC Section 1.08.02.
The definitions for this amendment consist of the following: Low-THC Cannabis, Marijuana, Medical marijuana
dispensary, and Medical Use. These definitions have the same meaning as provided for in F.S. 381.986 (1). They
are included to establish a consistent relationship with statutory law and describe a new land use facility.
Changes to LDC Section 2.03.03.
For the Commercial Districts: C-2, C-3, C-4, and C-5, a medical marijuana dispensary is treated the same as a
pharmacy subject to the new LDC section 5.05.16 standards and for the C-2 zoning district, 1,800 square feet or
less in area.
Changes to LDC Section 2.03.04.
For the Business Park District (BP), a medical marijuana dispensary is one of several secondary uses that are
allowed but subject to a maximum of 30 percent of the total district’s acreage. This is the same limitation for a
pharmacy or drug store.
Changes to LDC Section 2.03.06.
For the Research and Technology Park PUDs (RTPPUD), a pharmacy is one of several businesses that are non-
targeted industries serving as commercial support services to light industrial uses. The development of these uses,
including a medical marijuana dispensary, are limited up to 20 percent of the total research and technology park’s
acreage.
A new LDC section 2.03.06 I, is added to allow a medical marijuana dispensary within a previously approved
PUD, when such PUD includes SIC 5912, drug store, pharmacy, or such listing as a permitted use in any of the
following zoning districts: C-2, C-3, C-4, C-5, BP, or RTPPUD
Changes to LDC Section 2.03.07.
Medical marijuana dispensaries are added to Overlay Zoning Districts where a drug store is specifically listed as
a permitted use. They are the Santa Barbara Commercial Overlay (SBCO) District and in C-2, C-3, C-4, or C-5
zoning districts of the Golden Gate Parkway Overlay District (GGPOD).
New LDC section 5.05.16.
All medical marijuana dispensaries shall be subject to the provisions and standards of this new LDC section which
consists of the following:
• A Purpose and Intent section. This section establishes that the change will provide consistency and
compatibility with the need for medical use of marijuana at a medical marijuana dispensary.
• A Separation Distances section. The amendment proposes a minimum separation of 500 feet between a
MMTC dispensary and a school, consistent with section 381.986 (11.c) F.S.. It describes how the distance
shall be measured, consistent with LDC section 5.05.01-Businesses Serving Alcoholic Beverages. A
clause is provided to clarify the construction of a school after the issuance of a development order for a
medical marijuana dispensary would not cause the medical marijuana dispensary to become non-
conforming.
• A Signage section. Per section 381.986 (8.h) F.S. there are certain limitations to advertising and signage
such as:
“ A medical marijuana treatment center may not engage in advertising that is visible to members of
the public from any street, sidewalk, park, or other public place, except:
Exhibit B-Summary of LDC Changes
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Marijuana Dispensaries\PL 20220004273 Medical Marijuana Dispensaries 8-03-22 DSAC.docx
1. The dispensing location of a medical marijuana treatment center may have a sign that is
affixed to the outside or hanging in the window of the premises which identifies the dispensary
by the licensee’s business name, a department-approved trade name, or a department-approved
logo. A medical marijuana treatment center’s trade name and logo may not contain wording or
images commonly associated with marketing targeted toward children or which promote
recreational use of marijuana.” This specific provision has been included in the amendment.
• A Security Measures and Design section. When dispensing marijuana or a marijuana delivery device,
there are various operational security and safety requirements mandated in section 381.986 (8.f) F.S. that
apply to a medical marijuana dispensary. Staff integrated some of the requirements related to indoor
design and security measures, outdoor lighting, and the handling or dispensing of medical marijuana and
a delivery device.
In general, the applicable statutory requirements relative to this section, are:
“To ensure the safety and security of premises where the cultivation, processing, storing, or
dispensing of marijuana occurs, and to maintain adequate controls against the diversion, theft, and
loss of marijuana or marijuana delivery devices, a medical marijuana treatment center shall: …
2. Ensure that the medical marijuana treatment center’s outdoor premises have sufficient lighting
from dusk until dawn.
3. Ensure that the indoor premises where dispensing occurs includes a waiting area with
sufficient space and seating to accommodate qualified patients and caregivers and at least one
private consultation area that is isolated from the waiting area and area where dispensing occurs.
A medical marijuana treatment center may not display products or dispense marijuana or
marijuana delivery devices in the waiting area.
4. Not dispense from its premises marijuana or a marijuana delivery device between the hours
of 9 p.m. and 7 a.m., but may perform all other operations and deliver marijuana to qualified
patients 24 hours a day.”…
Each dispensing facility and its location must be authorized by the Florida Department of Health. The
retail sale activity at the dispensary is limited to qualified patients or authorized caregivers. The sale
transaction can only occur within the indoor designated area that is separate from the waiting area or
outside of the building.
The sufficiency of lighting during night time operations is an objective of the county’s outdoor lighting
standard to reduce light pollution and maintain adequate visibility of persons and vehicles. By requiring
the outdoor lighting system to be directed downward and shielded to minimize light trespass and glare,
the provision would ensure no light pollution. A similar provision is located in LDC section 5.05.15 H.
lighting design standard for golf course conversions. This provision is intended to address implementation
of the lighting standard in section 381.986 (8.f.2) F.S.
Another security measure, as suggested by the cultivation manager at Growth Healthy Medical Marijuana
Treatment Center, is the dispensary’s transport delivery vehicle be located within a garage or enclosed
structure when not in use for delivery. This provision would restrict the potential for night time criminal
activity.
Exhibit B-Summary of LDC Changes
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Marijuana Dispensaries\PL 20220004273 Medical Marijuana Dispensaries 8-03-22 DSAC.docx
• There are three prohibitions that serve to deter crime, limit the potential for the illicit sale of marijuana,
and reduce the potential risk of driver intoxication. They are:
o The dispensing of marijuana by pick-up at curbside, take-out by window, drive-in or drive-
through facility, or other similar outdoor transaction facilities. This provision follows other
Florida communities such as Sarasota County, Town of Palm Beach, Maitland, Mount Dora,
Altamonte Springs, Ocala, Plantation, and Ft. Lauderdale.
o The display of medical marijuana products or marijuana delivery devices within the waiting and
entry area. This provision incorporates section 381.986 (8.f.3) F.S. excerpted above.
o The dispensing of marijuana or marijuana delivery device shall be prohibited between 9:00 p.m.
and 7:00 a.m. This provision incorporates section 381.986 (8.f.3) F.S. excerpted above.
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220004350
SUMMARY OF AMENDMENT
For variance applications proposed on properties located within the Rural
and Urban Golden Gate Estates designated areas of the Golden Gate Area
Master Plan (GGAMP), this amendment will change the mailed written
public notification distance to property owners from 1 mile to 1,000 feet.
Also, this Land Development Code (LDC) amendment requires a
companion amendment to the Collier County Administrative Code for
Land Development, regarding public notice procedures for land use
petitions.
ORIGIN
Board of County
Commission (Board)
HEARING DATES
BCC
CCPC
TBD
TBD
DSAC 08/03/2022 LDC SECTION TO BE AMENDED
DSAC-LDR 07/27/2022 10.03.05 Required Methods of Providing Public Notice
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
TBD
CCPC
TBD
BACKGROUND
Prior to 2021, the distance for required mailed notice was 500 feet of a subject property for properties located in
the urban designated area of the Future Land Use Element of the Growth Management Plan (GMP). For all other
areas, the mailed notices were sent to all property owners within 1,000 feet of the property lines of the subject
property. However, the mailed notice requirements changed once Ordinance 2021-25 was adopted on July 13,
2021. The new ordinance increased the mailed notice distance from 1,000 feet to 1 mile, for properties located
within the boundaries of the Rural Golden Gate Estates Sub-Element of the GGAMP and in the Urban Golden
Gate Estates Sub-Element of the GGAMP.
On June 14, 2022, the Board unanimously directed staff to bring back a LDC amendment specific to variance
petitions, to reinstate the mailed notification distance of 1,000 feet for properties located in the boundaries of the
Urban and Rural Golden Gate Estates Sub-Elements of the GGAMP. With respect to variances, LDC section
9.04.02 states as follows:
A variance is authorized for any dimensional development standard, including the following: height, area, and
size of structure; height of fence; size of yards and open spaces; dimensional aspects of landscaping
and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum
requirements for off -street parking facilities .” Unlike other land use petitions, a request for variance is specific to
the location of a subject property and “… has no adverse effect on the community at large or neighboring property
owners.
This LDC amendment implements the Board’s direction to change the written notification distance from 1 mile
to 1,000 feet for variance petitions involving properties located with the Urban and Rural Golden Gate Estates
Sub-Elements of the GGAMP.
DSAC-LDR Subcommittee (Subcommittee) Recommendation:
The Subcommittee recommended approval; however, prior to when the motion was made, the Subcommittee
requested that staff clarify the Background portion to ensure greater accuracy. Staff updated the Background,
Summary, and GMP Consistency portions of this staff report for accuracy purposes.
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FISCAL & OPERATIONAL IMPACTS
There is no fiscal impact to the County. Costs
associated with mailed notices are the
responsibility of the petitioner.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Administrative Code Amendment
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
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Amend the LDC as follows:
10.03.05 – Required Methods of Providing Public Notice
1
This section shall establish the required methods of providing public notice. Chapter 8 of the 2
Administrative Code shall establish the public notice procedures for land use petitions. 3
4
A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, where 5
required, shall be held prior to the first public hearing and noticed as follows: 6
7
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 8
10.03.05 B. 9
10
2. Newspaper Advertisement prior to the NIM. 11
12
B. Mailed Notice. 13
14
1. Where required, Mailed Notice shall be sent to property owners in the notification 15
area as follows: 16
17
a. For areas in the urban designated area of the future land use element of 18
the Growth Management Plan notices shall be sent to all property owners 19
within 500 feet of the property lines of the subject property. 20
21
b. For all other areas, except areas designated in the Rural Golden Gate 22
Estates Sub-Element or Urban Golden Gate Estates Sub-Elements of the 23
Golden Gate Area Master Plan, notices shall be sent to all property owners 24
within 1,000 feet of the property lines of the subject property. 25
26
c. For areas designated within the Rural and Urban Golden Gate Estates 27
Sub-Element of the Golden Gate Area Master Plan, notices shall be sent 28
to all property owners within one mile of the subject property lines, except 29
for variance applications, which shall be 1,000 feet of the subject property 30
lines. 31
32
d. Notices shall also be sent to property owners and condominium and civic 33
associations whose members may be impacted by the proposed land use 34
changes and who have formally requested the county to be notified. A list 35
of such organizations must be provided and maintained by the county, but 36
the applicant must bear the responsibility of insuring that all parties are 37
notified. 38
* * * * * * * * * * * * * 39
# # # # # # # # # # # # # 40
41
42
43
44
45
Exhibit A- Administrative Code
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
4
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 8 | Public Notice
C. Mailed Notice
Applicability For applicable land use petitions, a mailed notice shall be as follows.
Notice
Requirements
Mailed written notices shall be sent by regular mail to property owners in the notification
area listed below. Names and addresses of property owners shall be those listed on the
latest ad valorem tax rolls of the County. The County must send mailed notice must be
sent out at least 15 days before the hearing for all applications, except as identified
otherwise in the Administrative Code.
The applicant must provide a copy of the list of all parties noticed by the required
notification deadline to the Planning & Zoning Department Division staff.
The written notice must include:
• a. Date, time, and location of the NIM meeting or public hearing;
• b. Description of the proposed land uses; and
• c. 2 in. x 3 in. map of the project location.
For a conditional use, rezoning, PUD, PUD extension, or variance, the notice must also
include:
• a. A clear description of the proposed land uses;
• b. A clear description of the applicable development standards;
• c. Intensity or density in terms of total floor area of commercial or
industrial space and dwelling units per acre for residential projects;
• d. A clear description of the institutional or recreational uses when part of
the development strategy; and
• e. The substance of the proposed ordinance or resolution (rezoning only).
For a site plan with deviations for redevelopment projects, the notice must also include:
• Tthe type of deviation sought.
The cClerk to the BCC will make a copy of all notices available for public inspection during
the regular business hours.
Recipients of
Mailed Written
Notice
Property owners in the notification area are described below and shall be based on the
latest tax rolls of Collier County and any other persons or entities who have formally
requested notification from the County:
→ Urban
designated area
of the future land
use element of
the growth
management
plan
The notification area includes:
1. All property owners within 500 feet of the property lines of the
subject property or one mile of the property lines of the subject
property if located within the areas designated in the Urban
Golden Gate Estates Sub-Element of the Golden Gate Master
Plan.
Exhibit A- Administrative Code
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
5
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2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
500-foot or one mile distance is measured from the boundaries
of the entire ownership or PUD.
3. The maximum notification area is ½ mile (2,640 feet) from the
subject property except for areas designated in the Urban and
Rural Golden Gate Estates Sub-Element of the Golden Gate Area
Estates Master Plan.
→ All other areas The notification area includes:
1. All property owners within 1,000 feet of the property lines of the
subject property. However, for For areas designated in the Urban
and Rural Golden Gate Estates Sub-Element of the Golden Gate
Area Master Plan, the notices shall be sent to all property owners
within one mile of the property lines of the subject property,
except for variance applications, which shall remain at 1,000 feet
of the subject property.
2. If any of the land in the area listed in paragraph 1 is owned by
the same person or entity who owns the subject property, the
1,000-foot or one mile distance is measured from the boundaries
of the entire ownership or PUD.
3. The maximum notification area is ½ mile (2,640 feet) from the
subject property, except for areas designated in the Urban and
Rural Golden Gate Estates Sub-Element of the Golden Gate Area
Master Plan.
→Associations Notification shall also be sent to property owners and condominium
and civic associations whose members are impacted by the proposed
land use changes and who have formally requested the County to be
notified. A list of such organizations shall be provided and maintained
by the County, but the applicant must bear the responsibility of
inensuring all parties are notified.