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Agenda 09/01/2022 (5:05PM) Collier County Planning Commission Page 1 Printed 8/24/2022 COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 1, 2022 5: 05 PM Edwin Fryer- Chairman Karen Homiak - Vice-Chair Karl Fry- Secretary Christopher Vernon Paul Shea, Environmental Joseph Schmitt, Environmental Robert Klucik, Jr. Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. September 2022 Collier County Planning Commission Page 2 Printed 8/24/2022 1. Pledge of Allegiance 2. Roll Call By Secretary 3. Public Hearings A. Advertised 1. PL20220004273 - LDC Amendment- Medical Marijuana Dispensaries - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance 04-41, as amended, the Collier County Land Development Code, which includes the Comprehensive Land Regulations for the Unincorporated area of Collier County, Florida, to allow Medical Marijuana Dispensaries in the same Zoning Districts as pharmacies including certain Planned Unit Development Districts, the Commercial Convenience District (C-2), Commercial Intermediate District (C-3), General Commercial District (C-4), Heavy Commercial District (C- 5), Business Park District (Bp), Research and Technology Planned Unit Development District, and Santa Barbara Commercial Overlay District (SBCO), adding requirements for security measures and design and signage, of which some are statutory, by providing for: section one, Recitals; section two, Findings of Fact; section three, Adoption of Amendments to the Land Development Code, more specifically amending the following: chapter one - General Provisions, including section 1.08.02 Definitions; chapter two - Zoning Districts and Uses, including section 2.03.03 Commercial Zoning Districts, section 2.03.04 Industrial Zoning Districts, section 2.03.06 Planned Unit Development Districts, section 2.03.07 Overlay Zoning Districts; chapter five - Supplemental Standards, adding new section 5.05.16 Medical Marijuana Dispensaries; section four, Conflict and Severability; section five, Inclusion in the Collier County Land Development Code; and section six, Effective Date. [Coordinator: Richard Henderlong, Principal Planner] 4. Public Comment 5. Adjourn 09/01/2022 COLLIER COUNTY Collier County Planning Commission Item Number: 3.A.1 Item Summary: PL20220004273 - LDC Amendment- Medical Marijuana Dispensaries - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance 04 - 41, as amended, the Collier County Land Development Code, which includes the Comprehensive Land Regulations for the Unincorporated area of Collier County, Florida, to allow Medical Marijuana Dispensaries in the same Zoning Districts as pharmacies including certain Planned Unit Development Districts, the Commercial Convenience District (C-2), Commercial Intermediate District (C-3), General Commercial District (C-4), Heavy Commercial District (C-5), Business Park District (Bp), Research and Technology Planned Unit Development District, and Santa Barbara Commercial Overlay District (SBCO), adding requirements for security measures and design and signage, of which some are statutory, by providing for: section one, Recitals; section two, Findings of Fact; section three , Adoption of Amendments to the Land Development Code, more specifically amending the following: chapter one - General Provisions, including section 1.08.02 Definitions; chapter two - Zoning Districts and Uses, including section 2.03.03 Commercial Zoning Districts, section 2.03.04 Industrial Zoning Districts, section 2.03.06 Planned Unit Development Districts, section 2.03.07 Overlay Zoning Districts; chapter five - Supplemental Standards, adding new section 5.05.16 Medical Marijuana Dispensaries; section four, Conflict and Severability; section five, Inclusion in the Collier County Land Development Code; and section six, Effective Date. [Coordinator: Richard Henderlong, Principal Planner] Meeting Date: 09/01/2022 Prepared by: Title: Planner, Principal – Growth Management Development Review Name: Richard Henderlong 08/16/2022 2:13 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 08/16/2022 2:13 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 08/16/2022 2:36 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 08/17/2022 3:51 PM Zoning Eric Johnson Additional Reviewer Completed 08/18/2022 8:24 AM Zoning Mike Bosi Additional Reviewer Completed 08/18/2022 8:38 AM Growth Management Department James C French GMD Deputy Dept Head Completed 08/18/2022 7:37 PM Planning Commission Ray Bellows Meeting Pending 09/01/2022 5:05 PM 3.A.1 Packet Pg. 3 1 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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 09/01/22 DSAC 08/03/22 DSAC-LDR 07/27/22 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Not Approved DSAC Deny 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 u se. 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 dispensing facilities located within the unincorporated areas of that county.” Additionally, the county ‘...may not enact 3.A.1.a Packet Pg. 4 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical 2 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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, August 05, 2022, published by the “Office of Medical Use of Marijuana” confirms a total of 460 dispensing locations for twenty two MMTCs, and 740,213 qualified patients with active identification cards have been authorized. Currently, there are eleven existing MMTCs operating thirty dispensaries located in Bonita Springs (10), Ft. Myers (10), Cape Coral (8), Lehigh Acres (1) and Marco Island (1). See Exhibit A for the list of existing MMTC’s di spensing 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 the proposed text doesn’t exist anywhere else in the LDC where there is a distance separation requirement which is stated as follows: “The erection of any public or private elementary school, middle school, or secondary school subsequent to the issuance of a development order for a medical marijuana dispensary shall be a legal non-conforming use subject to LDC section 9.03.02.” DSAC RECOMMENDATION: DSAC members reviewed the LDC amendment at their meeting on August 03, 2022. With one member recusing and another member abstaining, the DSAC voted (10-2) to recommend the Board deny LDC amendment PL20220004273 based on its merits as presented. There was considerable discussions among DSAC members after hearing public comments. However, prior to the vote and after the vote, several members expressed a desire to have additional time to review the LDC amendment should the Board decide in the future to allow medical marijuana dispensaries. In LDC section 5.05.16 B.2, the text has been retained and modified so when a new private or public school is located closer than 500 feet to an existing approved medical marijuana dispensary, the medical marijuana dispensary will become a legal non-conforming use per LDC section 9.03.00. 3.A.1.a Packet Pg. 5 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical 3 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts to the County. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Medical Marijuana Treatment Centers-Dispensaries; B) Summary of LDC Changes 3.A.1.a Packet Pg. 6 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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 resi n 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 3.A.1.a Packet Pg. 7 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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 3.A.1.a Packet Pg. 8 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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 3.A.1.a Packet Pg. 9 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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 3.A.1.a Packet Pg. 10 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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 3.A.1.a Packet Pg. 11 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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 3.A.1.a Packet Pg. 12 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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 5912, drug store, pharmacy, or any of the following 3 zoning districts listed in the PUD: C-2 with 1,800 square feet or less gross floor area , 4 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 3.A.1.a Packet Pg. 13 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 2. The establishment of any public or private elementary school, middle school, or 1 secondary school within 500 feet of and subsequent to the issuance of a 2 development order for a medical marijuana dispensary shall cause the medical 3 marijuana dispensary to become a legal non-conforming use subject to LDC 4 section 9.03.02. 5 6 C. Signage. Signage shall be limited to one wall sign or hanging sign in the window of the 7 premises that identify the medical marijuana dispensary by business name, the state 8 Department of Health (DOH) approved trade name, or the DOH approved logo and meet 9 the requirements of LDC section 5.06.00. A medical marijuana dispensary’s trade name 10 and logo may not contain wording or images commonly associated with marketing 11 targeted toward children or which promote recreational use of marijuana. 12 13 D. Security Measures and Design. 14 15 1. Medical marijuana dispensaries shall be designed and equipped with the following: 16 17 a. A dark sky compliant outdoor lighting system that is intended to clearly 18 identify persons and vehicles on premise, oriented downward and shielded 19 to minimize light trespass and glare. The design shall reduce excessive 20 glare, light trespass, and sky glow with light fixtures that are full cutoff with 21 flat lenses. 22 23 b. The indoor premises will include a waiting area with adequate seating for 24 qualified patients and caregivers and at least one private consultation area 25 that is isolated from the waiting area and the area where dispensing occurs. 26 27 c. The medical marijuana transport delivery vehicle shall be parked in a 28 garage or fully enclosed structure, when not in use for delivery. 29 30 2. The following are prohibited; 31 32 a. Drive-through, drive-ins, curbside pickup, take-out windows or similar 33 outdoor transaction facilities and all outdoor transactions. 34 35 b. The display of products, marijuana, or marijuana delivery devices in the 36 waiting area. 37 38 c. Dispensing from the premises marijuana or a marijuana delivery device 39 between the hours of 9:00 P.M. and 7:00 A.M. 40 41 # # # # # # # # # # # # # 42 3.A.1.a Packet Pg. 14 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical Exhibit A-Medical Marijuana Treatment Centers-Dispensaries 12 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 3.A.1.a Packet Pg. 15 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical Exhibit A-Medical Marijuana Treatment Centers-Dispensaries 13 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.docx 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….”. 3.A.1.a Packet Pg. 16 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical Exhibit B-Summary of LDC Changes 14 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.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: 3.A.1.a Packet Pg. 17 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical Exhibit B-Summary of LDC Changes 15 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.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. 3.A.1.a Packet Pg. 18 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical Exhibit B-Summary of LDC Changes 16 C:\users\dianelynch\appdata\roaming\iqm2\minutetraq\colliercountyfl@colliercountyfl.iqm2.com\work\attachments\99725.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. 3.A.1.a Packet Pg. 19 Attachment: PL 20220004273 Medical Marijuana Dispensaries 8-22-22 CCPC [Revision 2] (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.bPacket Pg. 20Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.b Packet Pg. 21 Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC 3.A.1.b Packet Pg. 22 Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC 3.A.1.b Packet Pg. 23 Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC 3.A.1.bPacket Pg. 24Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.b Packet Pg. 25 Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC 3.A.1.b Packet Pg. 26 Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC 3.A.1.b Packet Pg. 27 Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC 3.A.1.b Packet Pg. 28 Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC 3.A.1.bPacket Pg. 29Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.bPacket Pg. 30Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.bPacket Pg. 31Attachment: Public Documents Submitted 7-24-2022 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.cPacket Pg. 32Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 33Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 34Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 35Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 36Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 37Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 38Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 39Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 40Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 41Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 42Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 43Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 44Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 45Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 46Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 47Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 48Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 49Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 50Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 51Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 52Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 53Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 54Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 55Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 56Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 57Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 58Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 59Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.cPacket Pg. 60Attachment: Florida Auditor General-Dept. of Health Report No. 2022-006 DSAC-LDR (23100 : PL20220004273 -LDC Amendment -Medical 3.A.1.d Packet Pg. 61 Attachment: CCPC Published Legal Ad (23100 : PL20220004273 -LDC Amendment -Medical Marijuana 1 HenderlongRichard From:veora little <veoralittle@gmail.com> Sent:Wednesday, July 13, 2022 4:51 PM To:HenderlongRichard Subject:Re: Draft Amendment to Land Development Code- New section 5.05.16-Medical Marijuana Dispensaries Attachments:CapeCoraldispensories.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you Richard, I have received the land development amendment. Here is the scanned report from Cape Coral. Anything else I should be doing. Don't hesitate to let me know. With regards, Veora veoralittle@gmail.com On Wed, Jul 13, 2022 at 2:41 PM HenderlongRichard <Richard.Henderlong@colliercountyfl.gov> wrote: Mrs. Little, As requested, here is the current proposed draft which will be uploaded in CityView. In Exhibit A, page 12 of the attachment, additional details on law enforcement issues may be forthcoming for Bonita Springs MMTCs dispensaries. Let us know if you have any questions. Respectfully, Richard P. Henderlong Principal Planner, MPA Zoning Division-Land Development Code Collier County Growth Management Community Development Department 3.A.1.e Packet Pg. 62 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 2 2800 N. Horseshoe Dr., Naples, FL 34104 239-252-2464 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.A.1.e Packet Pg. 63 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 64 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 65 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 66 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 67 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 68 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 69 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 70 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 71 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 72 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 73 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 74 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 75 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 76 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 77 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 78 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 79 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 80 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 81 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 82 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3.A.1.e Packet Pg. 83 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 1 JohnsonEric From:Veora Little <veoralittle@gmail.com> Sent:Thursday, July 21, 2022 3:17 PM To:HenderlongRichard Cc:JohnsonEric Subject:Re: Development Services Advisory Committee( DSAC) and DSAC-LDR Subcommittee Member List EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you again. The fact is: 200 calls to service at two locations is suspicious to anyone! My husband and I had a neurosurgeon/pain management office and never had a call to service. it’s all bologna to interpret this data as no problem, just saying We will look forward to the challenge at hand. Your education and help has been most appreciated Veora Little On Jul 21, 2022, at 3:04 PM, HenderlongRichard <Richard.Henderlong@colliercountyfl.gov> wrote: Mrs. Little, We will provide your information to members of the subcommittee. I spoke to Captain Dina Cox regarding the information you provided and learned the calls for service “…at each address may or may not be linked to the business”. Further, that “a more in depth look at every record would need to be conducted in order to determine if there is a tie to the specific dispensary business or merely an incident that occurred in the vicinity. She said it would be very time consuming and require their Records Department to conduct the research. Respectfully, Richard P. Henderlong Principal Planner, MPA Zoning Division-Land Development Code Collier County Growth Management Community Development Department 2800 N. Horseshoe Dr., Naples, FL 34104 239-252-2464 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Exceeding Expectations From: Veora Little <veoralittle@gmail.com> Sent: Thursday, July 21, 2022 2:41 PM To: HenderlongRichard <Richard.Henderlong@colliercountyfl.gov> Cc: JohnsonEric <Eric.Johnson@colliercountyfl.gov> Subject: Re: Development Services Advisory Committee( DSAC) and DSAC-LDR Subcommittee Member List EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Richard and Eric, I sent a personal note to Marla, no word yet. Thank you for these names. Do you have any questions or thoughts on the Cape Coral materials? Veora Little 3.A.1.e Packet Pg. 84 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 2 On Jul 21, 2022, at 2:08 PM, HenderlongRichard <Richard.Henderlong@colliercountyfl.gov> wrote: Good afternoon Mrs. Little, Per your request, DSAC is composed of 15 members and the subcommittee of 5 members. The yellow highlighted names in the attachment are members of the subcommittee. Mr. Foley will chair the subcommittee’s meeting since Mr. Brooker is unable to attend. Let me know if you are able to obtain Mr. Weiss’s email address or want to add another name to receive a community email notice on the upcomming Medical Marijuana Dispensary LDCA public meeting. Respectfully, Richard P. Henderlong Principal Planner, MPA Zoning Division-Land Development Code Collier County Growth Management Community Development Department 2800 N. Horseshoe Dr., Naples, FL 34104 239-252-2464 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.A.1.e Packet Pg. 85 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3 3.A.1.e Packet Pg. 86 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 1 JohnsonEric From:Anne Marie Zsamba <Anne.Zsamba@gtigrows.com> Sent:Thursday, July 28, 2022 12:56 PM To:HenderlongRichard; front_desk Cc:BellowsRay; JohnsonEric Subject:RE: [EXTERNAL] RE: Land Use Amendment Status - Medical Marijuana Treatment Centers EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Many thanks to all of you for this information! I will track accordingly. Should information or resources need to be drawn on the industry, please don’t hesitate to contact me. Green Thumb Industries is a multi state operator in this space and would be delighted to assist! Anne Marie Zsamba Director, Municipal Compliance She/Her c | 518.350.3639 325 W Huron St. No. 700 | Chicago, IL 60654 Facebook l Instagram l Twitter l LinkedIn From: HenderlongRichard <Richard.Henderlong@colliercountyfl.gov> Sent: Thursday, July 21, 2022 5:24 PM To: front_desk <Front.Desk@colliercountyfl.gov>; Anne Marie Zsamba <Anne.Zsamba@gtigrows.com> Cc: BellowsRay <Ray.Bellows@colliercountyfl.gov>; JohnsonEric <Eric.Johnson@colliercountyfl.gov> Subject: [EXTERNAL] RE: Land Use Amendment Status - Medical Marijuana Treatment Centers Ms Zsamba, The Board of County Commissioners directed staff to advertise and bring back for consideration a Land Development Code amendment (LDCA) that will allow medical marijuana dispensaries in the same zoning districts as pharmacies. The status of the LDCA as it will be publicly vetted can be followed on the County’s website by clicking on the hyperlinks below. https://www.colliercountyfl.gov/government/growth-management/divisions/planning-and-zoning-division/land- development-code-and-amendments. Once here you can view the most current LDCA draft. To track the meeting schedule, please click on the following hyperlink: https://wttps://www.colliercountyfl.gov/government/growth-management/divisions/planning-and-zoning- division/land-development-code-and-amendments/meeting-schedule The amendment is tentatively scheduled to be reviewed by the Planning Commission in September and by the Board in October, 2022. Respectfully, Richard P. Henderlong Principal Planner, MPA Zoning Division-Land Development Code Collier County Growth Management Community Development Department 2800 N. Horseshoe Dr., Naples, FL 34104 239-252-2464 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Exceeding Expectations 3.A.1.e Packet Pg. 87 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 2 From: front_desk <Front.Desk@colliercountyfl.gov> Sent: Thursday, July 21, 2022 4:25 PM To: Anne Marie Zsamba <Anne.Zsamba@gtigrows.com> Cc: HenderlongRichard <Richard.Henderlong@colliercountyfl.gov> Subject: RE: Land Use Amendment Status - Medical Marijuana Treatment Centers Good morning Anne Marie, I will yield this over to Richard Henderlong, Principal Planner, for advisory on the status of this amendment. Thank you! Respectfully, Jessica Malloy Planner Operations & Regulatory Management Division Growth Management Community Development Department 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: (239) 252-2400 – Fax: (239) 252-6348 Visit our website at: www.colliercountyfl.gov How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback. Information contained in this email is subject to verification by the Zoning Manager and/or Planning Director; if this information is being used as a basis for the purchase or lease of a property, it is recommended that a Zoning Verification Letter be requested for an official response from Zoning Services to be submitted to the GMD Public Portal. The Zoning Verification Letter application can be found here: http://bit.ly/ZVL_App From: Anne Marie Zsamba <Anne.Zsamba@gtigrows.com> Sent: Wednesday, July 20, 2022 2:29 PM To: front_desk <Front.Desk@colliercountyfl.gov> Subject: Land Use Amendment Status - Medical Marijuana Treatment Centers EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Collier County Zoning! Reaching out for some guidance. I understand that the Board of County Commissions sought to bring forward a revision to the land development code which would allow medical marijuana treatment centers to be located in the same zones as pharmacies. I believe that was on May 10th. I cannot discern where this amendment may stand currently and was hoping you could point me in the right direction. Thank you! Best, Anne Marie Anne Marie Zsamba Director, Municipal Compliance She/Her c | 518.350.3639 325 W Huron St. No. 700 | Chicago, IL 60654 Facebook l Instagram l Twitter l LinkedIn 3.A.1.e Packet Pg. 88 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries) 3 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.A.1.e Packet Pg. 89 Attachment: Public Comments-Combined Emails 8-16-2022 (23100 : PL20220004273 -LDC Amendment -Medical Marijuana Dispensaries)