Agenda 09/13/2022 Item #16A31 (LDC Amendment Hearings: Medical/Cannabis Dispensaries)09/13/2022
EXECUTIVE SUMMARY
Recommendation to hear a Land Development Code amendment to allow medical/cannabis
dispensaries in the same zoning districts as pharmacies at two regularly scheduled daytime
hearings and waive the nighttime hearing requirement.
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OBJECTIVE: To waive the requirement to hold a nighttime hearing and advertise a Land
Development Code (LDC) amendment at two regularly scheduled daytime hearings on October
11, 2022, and October 25, 2022.
CONSIDERATIONS: On May 10, 2022, the Board directed staff to advertise and bring back
for consideration an LDC amendment to allow medical/cannabis dispensaries in the same zoning
districts as pharmacies. The Florida Legislature recently updated Florida Statutes section
381.986, the regulatory framework for medical marijuana dispensing facilities, as distinguished
from the cultivation and processing of medical marijuana. The proposed LDC amendment will
allow medical marijuana dispensaries to become a new permitted land use in the same zoning
districts where pharmacies and drug stores are permitted, in accordance with Florida Statutes.
Since this LDC amendment includes a proposed change to the list of permitted and conditional
uses on lands that potentially can be greater than 10 acres, LDC section 10.03.06 K requires two
Board hearings with at least one hearing held after 5:00 p.m. on a weekday. However, the Board
may elect to conduct the hearing at another time of day by a supermajority vote. If the Board
elects not to waive the night hearing, one of the proposed hearings will need to occur after 5:00
p.m.
Prior to the Board’s review, this LDC amendment (LDCA-PL20220004372) will be reviewed by
the Collier County Planning Commission (CCPC) on Thursday, September 1, 2022, at 5:05 p.m.
It is the staff's opinion the public will have an opportunity to address their concerns at this
nighttime hearing, and that a nighttime hearing by the Board is not necessary.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires
an affirmative vote of four for Board approval. -DDP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
RECOMMENDATION: To direct staff to advertise and hold two regularly scheduled daytime
hearings on October 11, 2022, and October 25, 2022. The request to waive the requirement to
hold a nighttime hearing is pursuant to LDC section 10.03.06 K.
Prepared by: Richard Henderlong, Principal Planner, Zoning Division
16.A.31
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09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.31
Doc ID: 22725
Item Summary: Recommendation to hear a Land Development Code amendment to allow
medical/cannabis dispensaries in the same zoning districts as pharmacies at two regularly scheduled
daytime hearings and waive the nighttime hearing requirement.
Meeting Date: 09/13/2022
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
07/19/2022 12:59 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
07/19/2022 12:59 PM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 07/21/2022 9:43 AM
Zoning Eric Johnson Additional Reviewer Completed 07/25/2022 1:48 PM
Growth Management Department Diane Lynch Growth Management Department Completed 08/08/2022 1:20 PM
Growth Management Department James C French Growth Management Completed 08/09/2022 2:10 PM
Planning Commission Diane Lynch Additional Reviewer Completed 08/17/2022 1:40 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/19/2022 1:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 4 County Attorney's Office Review Completed 08/22/2022 10:28 AM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 08/22/2022 5:27 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2022 5:28 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2022 5:55 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.A.31
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