Agenda 01/24/2023 Item #11A (LDC Amendment to allow Medical Cannabis Dispensaries in the same zoning districts as pharmacies at two regularly scheduled daytime hearings and waive the nighttime hearing requiremen01/24/2023
EXECUTIVE SUMMARY
***This item has been Continued from the September 13, 2022 BCC Meeting*** 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. [PL20220004273]
_____________________________________________________________________________
OBJECTIVE: To waive the requirement to hold a nighttime hearing and advertise a Land Development
Code (LDC) amendment at two regularly scheduled daytime hearings.
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.
On September 13, 2022, staff brought forward a request to the Board to schedule to hear an LDC
amendment to allow medical/cannabis dispensaries in the same zoning districts as pharmacies at two
regularly scheduled daytime hearings and waive the nighttime hearing requirements. The Board voted to
continue the item to January 2023.
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.
This LDC amendment was 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 had an opportunity to address their
concerns at this nighttime hearing, and that a nighttime hearing by the Board is not necessary.
DSAC RECOMMENDATION: On July 27, 2022, the Development Services Advisory Committee-Land
Development Review Subcommittee (DSAC-LDR) reviewed the amendment and voted unanimously to ban
medical marijuana dispensaries as a permitted land use.
On August 03, 2022, with one member recusing and another member abstaining, DSAC voted (10-2) to recommend
the Board deny LDC amendment PL20220004273 based on its merits as presented.
CCPC RECOMMENDATION: The CCPC reviewed the amendment at a special night hearing on September 1,
2022 and voted unanimously (6-0) to recommend the Board disapprove and deny the proposed amendment to allow
medical marijuana dispensaries as a permitted land use.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: The cost associated with advertising the Ordinance amending the Land
Development Code are estimated at $1,008.00. Funds are available within Unincorporated Area General Fund
(111), Zoning & Land Development Cost Center (138319).
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01/24/2023
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires an affirmative vote
of four for Board approval. -DDP
RECOMMENDATION: To direct staff to advertise and hold two regularly scheduled daytime hearings.
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
ATTACHMENT(S)
1. PL 20220004273 Medical Marijuana Dispensaries 11-29-22 BCC (PDF)
2. Correspondence and Documents Submittal (PDF)
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01/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 23253
Item Summary: ***This item has been Continued from the September 13, 2022 BCC Meeting***
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. [PL20220004273] (Mike Bosi, Planning and Zoning Director)
Meeting Date: 01/24/2023
Prepared by:
Title: Planner, Principal – Growth Management Development Review
Name: Richard Henderlong
09/09/2022 11:29 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
09/09/2022 11:29 AM
Approved By:
Review:
Zoning Eric Johnson Additional Reviewer Completed 09/09/2022 5:01 PM
Zoning Mike Bosi Division Director Completed 09/12/2022 8:25 AM
Growth Management Department Mike Bosi Growth Management Department Skipped 01/03/2023 4:10 PM
Growth Management Department Trinity Scott Transportation Skipped 09/12/2022 1:00 PM
Growth Management Department Mike Bosi Growth Management Completed 01/03/2023 4:10 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/04/2023 2:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/04/2023 2:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/04/2023 3:24 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/12/2023 5:00 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/18/2023 12:01 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM
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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 DATE S 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 08/0 3/22
DSAC-LDR 07/27/22
ADVISORY BOARD RECOMMENDATIONS
DSAC -LDR
Not Approved
DSAC
Deny
CCPC
Deny
BACKGROUND
On May 10, 2022, th e 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. 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 w ithin that county or municipality.” There are no limits to the
number of dispensaries with th is 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
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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 f or
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, September 02 , 2022, published by the “Office
of Medical Use of Marijuana” confirms a total of 4 71 dispensing locations for twenty two MMTCs, and
7 47,395 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),
Le h igh 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 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, p rior 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 medica l 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.
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CCPC RECOMMENDATION: On September 0 1,2022, at the nighttime hearing, the Planning Commission
reviewed the amendment and vote unanimously (6 -0) to recommend the Board deny the amendment to allow
medical marijuana dispensaries as a permitted land use.
FISCAL & OPERATIONAL IMPACTS
The cost associated with advertising the
Ordinance amending the Land Development
Code are estimated at $1,008.00. Funds are
available within Unincorporated Area
General Fund (111), Zoning and Land
Development Cost Center (138319).
GMP CONSISTENCY
The proposed LDC amendment has been reviewed
by Comprehensive Planning staff and may be
deemed consistent with the GMP.
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EXHIBITS: A) Medical Marijuana Treatment Centers-Dispensaries; B) Summary of LDC Changes
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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 su ch 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 the form of commercially 32
produced food items other than edibles, or of marijuana seeds. 33
34
3. Use or administration of any form or amount of marijuana in a manner that is 35
inconsistent with the qualified physician’s directions or physician certification. 36
37
4. Transfer of marijuana to a person other than the qualified patient for whom it was 38
authorized or the qualified patient’s caregiver on behalf of the qualified patient. 39
40
5. Use or administration of marijuana in the following locations: 41
42
a. On any form of public transportation, except for Low -THC cannabis not in 43
the form for smoking. 44
45
b. In any public place, except for Low -THC cannabis not in a form for smoking. 46
47
c. In a qualified patient’s place of employment, except when permitted by his 48
or her employer. 49
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d. In a state correctional institution, as defined in F.S. 944.02 or a correctional 2
institution, as defined in F.S. 944.241. 3
4
e. On the grounds of a preschool, primary school, or secondary school, 5
except as provided in F.S. 1006.062. 6
7
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for Low -THC 8
cannabis not in a form for smoking. 9
10
6. The smoking of marijuana in an enclosed indoor workplace as defined in F.S. 11
386.203(5). 12
13
* * * * * * * * * * * * * 14
# # # # # # # # # # # # # 15
16
2.03.03 Commercial Zoning Districts 17
18
* * * * * * * * * * * * * 19
20
B. Commercial Convenience District (C -2). 21
22
* * * * * * * * * * * * * 23
1. The following uses, as identified with a number from the Standard Industrial 24
Classification Manual (1987), or as otherwise provided for within this section are 25
permissible by right, or as accessory or conditional uses within the C -2 commercial 26
convenience district. 27
28
a. Permitted uses. 29
30
* * * * * * * * * * * * * 31
46. Medical marijuana dispensary with 1,800 square feet or less gross 32
floor area in the principal structure and subject to LDC section 33
5.05.16. 34
**Renumber remaining uses** 35
36
* * * * * * * * * * * * * 37
38
C. Commercial Intermediate District (C -3). 39
40
* * * * * * * * * * * * * 41
42
1. The following uses, as identified with a number from the Standard Industrial 43
Classification Manual (1987), or as otherwise provided for within this section are 44
permissible by right, or as accessory or conditional uses within the commercial 45
intermediate district (C-3). 46
47
a. Permitted uses. 48
49
* * * * * * * * * * * * * 50
57. Medical marijuana dispensary, subject to LDC section 5.05.16. 51
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**Renumber remaining uses** 1
2
* * * * * * * * * * * * * 3
4
D. General Commercial District (C-4). 5
6
* * * * * * * * * * * * * 7
8
1. The following uses, as defined with a number from the Standard Industrial 9
Classification Manual (1987), or as otherwise provided for within this section are 10
permissible by right, or as accessory or conditional uses within the general 11
commercial district (C-4). 12
13
a. Permitted uses. 14
15
* * * * * * * * * * * * * 16
86. Medical marijuana dispensary, subject to LDC section 5.05.16. 17
**Renumber remaining uses** 18
19
* * * * * * * * * * * * * 20
21
E. Heavy Commercial District (C -5). 22
23
* * * * * * * * * * * * * 24
1. The following uses, as identified with a number from the Standard Industrial 25
Classification Manual (1987), or as otherwise provided for within this section are 26
permissible by right, or as accessory or conditional uses within the heavy 27
commercial district (C-5). 28
29
a. Permitted uses. 30
31
* * * * * * * * * * * * * 32
33
106. Medical marijuana dispensary, subject to LDC section 5.05.16. 34
**Renumber remaining uses** 35
36
# # # # # # # # # # # # # 37
38
2.03.04 Industrial Zoning Districts 39
40
* * * * * * * * * * * * * 41
42
B. Business Park District (BP). 43
44
* * * * * * * * * * * * * 45
1. The following uses, as identified within the latest edition of the Standard Industrial 46
Classification Manual, or as otherwise provided for within this section, are 47
permitted as of right, or as uses accessory to permitted primary or secondary uses, 48
or are conditional uses within the business park district. 49
50
* * * * * * * * * * * * * 51
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b. Permitted secondary uses accessory to the business park district. 2
Development is limited to a maximum of 30 percent of the total acreage of 3
the business park district for the following uses: 4
5
* * * * * * * * * * * * * 6
7
4. Drug stores (5912, limited to drug stores and pharmacies) in 8
conjunction with health services group and medical 9
laboratories/research/rehabilitative groups. ; and medical marijuana 10
dispensaries, subject to LDC section 5.05.16. 11
12
# # # # # # # # # # # # # 13
14
2.03.06 Planned Unit Development Districts 15
16
* * * * * * * * * * * * * 17
18
D. The following are permissible uses in the Research and Technology Park PUD: 19
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
CD-ROM development T
Clothing stores, general NT
Communication groups 4812—4841 T
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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
Management 8741—8743, 8748 NT
Medical Laboratory 8071, 8072, 8092, 8093 T
Medical marijuana dispensary 5.05.16 NT
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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
I. A Medical marijuana dispensary is a permitted use, subject to LDC section 5.05.16, 13
within PUDs approved prior to [effective date of the ordinance], only when the PUD’s 14
list of permitted uses includes SIC 5912, drug store, pharmacy, or any of the following 15
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zoning districts listed in the PUD: C -2 with 1,800 square feet or less gross floor area, 1
C-3, C-4, C-5, BP, or RTPPUD. 2
3
# # # # # # # # # # # # # 4
5
2.03.07 Overlay Zoning Districts 6
7
* * * * * * * * * * * * * 8
9
H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties 10
abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., 11
as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden 12
Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. 13
14
* * * * * * * * * * * * * 15
16
6. The following uses, as identified within the latest edition of the Standard Industrial 17
Classification Manual, or as otherwise provided for within this section, are 18
permitted as of right, or as uses accessory to permitted primary or secondary uses, 19
or are conditional uses within the Santa Barbara Commercial Overlay District. 20
21
a. Permitted uses. 22
23
* * * * * * * * * * * * * 24
25
51. Medical marijuana dispensary, subject to LDC section 5.05.16. 26
**Renumber remaining uses** 27
28
* * * * * * * * * * * * * 29
# # # # # # # # # # # # # 30
31
5.05.16 - Medical Marijuana Dispensaries. 32
33
A. Purpose and Intent. The purpose of this section is to provide for the compatibility of 34
medical marijuana dispensaries with surrounding uses and to protect the health, safety, 35
and welfare of the general public by adherence to Section 381.986 F.S. 36
37
B. Separation Distances. 38
39
1. A medical marijuana dispensary shall not be located within 500 feet of the real 40
property that comprises a public or private elementary, middle, or secondary 41
school. The distance of 500 feet shall be measured as the shortest distance 42
between the lot on whic h the school is located and the lot on which the medical 43
marijuana dispensary is located, except that medical marijuana dispensaries 44
located in shopping centers shall be measured from the outer wall of the 45
establishment. 46
47
2. The establishment of any public or private elementary school, middle school, or 48
secondary school within 500 feet of and subsequent to the issuance of a 49
development order for a medical marijuana dispensary shall cause the medical 50
11.A.1
Packet Pg. 101 Attachment: PL 20220004273 Medical Marijuana Dispensaries 11-29-22 BCC (23253 : Nighttime Hearing Waiver for LDC Amendment (Medical
DRAFT Text un derlined is new text to be added
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marijuana dispensary to become a legal non-c onforming use subject to LDC 1
section 9.03.02. 2
3
C. Signage. Signage shall be limited to one wall sign or hanging sign in the window of the 4
premises that identify the medical marijuana dispensary by business name, the state 5
Department of Health (DOH) approv ed trade name, or the DOH approved logo and meet 6
the requirements of LDC section 5.06.00. A medical marijuana dispensary’s trade name 7
and logo may not contain wording or images commonly associated with marketing 8
targeted toward children or which promote r ecreational use of marijuana. 9
10
D. Security Measures and Design. 11
12
1. Medical marijuana dispensaries shall be designed and equipped with the following: 13
14
a. A dark sky compliant outdoor lighting system that is intended to clearly 15
identify persons and vehicles on premise, oriented downward and shielded 16
to minimize light trespass and glare. The design shall reduce excessive 17
glare, light trespass, and sky glow with light fixtures that are full cutoff with 18
flat lenses. 19
20
b. The indoor premises will include a waiting area with adequate seating for 21
qualified patients and caregivers and at least one private consultation area 22
that is isolated from the waiting area and the area where dispensing occurs. 23
24
c. The medical marijuana transport delivery vehicle shall be parked in a 25
garage or fully enclosed structure, when not in use for delivery. 26
27
2. The following are prohibited; 28
29
a. Drive-through, drive-ins, curbside pickup, take-out windows or similar 30
outdoor transaction facilities and all outdoor transactions. 31
32
b. The display of products, marijuana, or marijuana delivery devices in the 33
waiting area. 34
35
c. Dispensing from the premises marijuana or a marijuana delivery device 36
between the hours of 9:00 P.M. and 7:00 A.M. 37
38
# # # # # # # # # # # # # 39
11.A.1
Packet Pg. 102 Attachment: PL 20220004273 Medical Marijuana Dispensaries 11-29-22 BCC (23253 : Nighttime Hearing Waiver for LDC Amendment (Medical
Exhibit A-Medical Marijuana Treatment Centers -Dispensaries
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Dispensaries 11-28-22 BCC.docx
11.A.1
Packet Pg. 103 Attachment: PL 20220004273 Medical Marijuana Dispensaries 11-29-22 BCC (23253 : Nighttime Hearing Waiver for LDC Amendment (Medical
Exhibit A-Medical Marijuana Treatment Centers -Dispensaries
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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….”.
11.A.1
Packet Pg. 104 Attachment: PL 20220004273 Medical Marijuana Dispensaries 11-29-22 BCC (23253 : Nighttime Hearing Waiver for LDC Amendment (Medical
Exhibit B-Summary of LDC Changes
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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 pharma cy 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 a nd 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, p ark, or other public place, except:
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Exhibit B-Summary of LDC Changes
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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
recrea tional 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 mandate d 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 th is 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 wh ere 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 disp ensary 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 oper ations 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 a nd 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.
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• 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, Tow n 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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