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Agenda 05/22/2018 Item # 9C05/22/2018 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance Number 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, and to codify statutory requirements for security measures and design and signage, 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. _____________________________________________________________________________________ OBJECTIVE: To obtain Board approval of a proposed Land Development Code (LDC) amendment establishing medical marijuana dispensaries and codifying security requirements for security measures and design, and signage. CONSIDERATIONS: On February 2, 2017, the Board initiated a moratorium for cannabis dispensing businesses in order to give staff time to review pending legislation and develop land use regulations regarding medical marijuana. On June 9, 2017, the Florida Legislature enacted Senate Bill 8-A (The Bill). The Bill introduces comprehensive changes to F.S 381.986 which preempts County regulation of medical marijuana treatment centers for processing and cultivation facilities. Under the Bill the County has the following two options when addressing medical marijuana dispensaries: 1. The County may, by ordinance, ban medical marijuana dispensaries from locating within the boundaries of the unincorporated area of the County. 2. The County may adopt permitting requirements that are not more restrictive than the permitting requirements for pharmacies. However, the County may restrict medical marijuana dispensaries from locating within 500 feet of a public or private elementary, middle, or secondary school; and the County. While discussing the County’s response on July 11, 2017, the Board expressed a desire not to adopt a ban, but to establish more local control over dispensaries than allowed by the Bill. As a result, the Board extended the moratorium on cannabis dispensing businesses twice, with the most recent extension expiring on June 30, 2018, to allow more time for the Legislature to enact new guidelines regarding local control. When the Legislature did not provide further clarification or rulemaking during the 2018 Legislative Session to allow more local control of cannabis dispensing businesses, the Board directed staff on March 13, 2018, to prepare an LDC amendment to permit medical marijuana dispensing facilities in the same zoning districts as pharmacies and not located within 500 feet of a public or private elementary, middle, or secondary school. The proposed amendment establishes new definitions related to medical marijuana dispensaries and allows medical marijuana dispensaries in the same zoning districts as pharmacies with the same restrictions applied to pharmacies. Therefore, medical marijuana dispensaries would be allowed within the following zoning districts: 9.C Packet Pg. 195 05/22/2018 Commercial Convenience District (C-2), limited to 1,800 square feet or less gross floor area. Commercial Intermediate District (C-3). General Commercial District (C-4). Heavy Commercial District (C-5). Business Park District (BP). Research and Technology Park (RTP-PUD), limited to 20% of the area as one of several other secondary uses. PUDs which list SIC code 5912, “drug store,” or “pharmacy” as a permitted use. PUDs which permit all uses within C-2, C-3, C-4, C-5, BP, or RTP-PUD districts. Santa Barbara Commercial Overlay District (SBCO). Golden Gate Downtown Center Commercial Overlay District (GGDCCO). Additionally, the proposed amendment creates a new LDC Section 5.05.16 to establish several standards applicable to medical marijuana dispensaries which are consistent with F.S. 381.986, or are modeled on standards in other Florida Communities, including: A prohibition on locating dispensaries within 500 feet of a school, Signage standards, and Security measures and design standards. Codifying these standards in the LDC will grant local enforcement of regulations related to the safety and security of properties associated with medical marijuana dispensaries. Board Review This amendment proposes changes that amend the actual list of permitted, conditional, or prohibited uses of land within several zoning categories. Pursuant to LDC Section 10.03.06 K, the amendment requires two Board hearings, with at least one hearing held after 5:00 p.m., unless by supermajority vote the Board elects to conduct the hearing at another time of day. On April 24, 2018, the Board requested a night hearing (Agenda Item 16.A.12). This is the first Board hearing for the amendment subject to LDC section 10.03.06 K. The second Board hearing for approval is scheduled for June 12, 2018. DSAC RECOMMENDATION: The Development Services Advisory Committee-Land Development Review Subcommittee (DSAC-LDR) reviewed the amendment on April 18, 2018. Lacking a quorum, the Subcommittee members present made several suggestions for changes which were incorporated into the amendment. The Development Services Advisory Committee (DSAC), on May 2, 2018 recommended approval of the amendment by the deletion of two security measures in Sections 5.05.16 D.1.a and 5.05.16 D.1.c related to a dark sky compliant outdoor lighting system and parking a transport delivery vehicle in an enclosed structure when not in use for night time deliveries. CCPC RECOMMENDATION: The CCPC reviewed the amendment at a special night hearing on April 30, 2018 and did not recommend approval of the amendment. Instead, the CCPC recommended a ban on medical marijuana dispensaries by a vote of 4 to 2. The Commissioners recommending a ban expressed a preference to adopt locational standards more appropriate for Collier County, however, state statute did not provide for this ability. Furthermore, it would contradict Federal law and other authorized dispensaries can distribute medical marijuana through a delivery service which would not limit Collier residents from obtaining medical marijuana. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this 9.C Packet Pg. 196 05/22/2018 action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The LDC has always been interpreted such that unless a use is specifically authorized by the LDC, it is unauthorized. Accordingly, unless and until the B oard amends the LDC to authorize dispensaries in a particular zoning district, dispensaries will be effectively banned in unincorporated Collier County. With that noted, this item is approved as to form and legality, and requires four votes for approval. - JAK RECOMMENDATION: To approve the proposed ordinance establishing medical marijuana dispensaries as a permitted land use and codifying security measures and design and signage requirements. Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division ATTACHMENT(S) 1. Draft LDC Amendment 5-7-18 BCC (PDF) 2. draft Ordinance - Medical Marijuana - 5.16.18 (PDF) 3. Legal Ad - Agenda ID 5254 (PDF) 9.C Packet Pg. 197 05/22/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.C Doc ID: 5254 Item Summary: ***This item to be heard at 5:05 pm*** Recommendation to approve an Ordinance amending Ordinance Number 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, and to codify statutory requirements for security measures and design and signage, 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; Sectio n Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. Meeting Date: 05/22/2018 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 05/07/2018 11:32 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 05/07/2018 11:32 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/07/2018 2:17 PM Zoning Michael Bosi Additional Reviewer Completed 05/07/2018 4:34 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/09/2018 2:09 PM Growth Management Department James French Deputy Department Head Review Completed 05/09/2018 9:19 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/10/2018 8:31 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/10/2018 9:42 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2018 8:57 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 05/14/2018 10:10 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/15/2018 4:52 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM 9.C Packet Pg. 198 Text underlined is new text to be added. Text strikethrough is current text to be deleted. 1 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff LDC SECTION(S): 1.08.02 Definitions 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 5.05.16 Medical Marijuana Dispensaries (New Section) SUMMARY: This amendment allows medical marijuana dispensaries to become a new permitted land use in the same zoning districts as a pharmacy or a drug store. DESCRIPTION: On December 12, 2017, the Board of County Commissioners extended a temporary moratorium on Cannabis dispensing businesses to June 30, 2018. The extended date was authorized to grant staff enough time to analyze and evaluate any changes to F.S. 381.986 relative to the medical use of marijuana that was under consideration by the 2018 Florida legislature. Because the legislative session ended without an amendment, the Board directed staff on March 13, 2018, to publicly vet a land development code amendment to permit medical marijuana dispensing facilities in the same zoning districts as pharmacies and not located within 500 feet of a public or private elementary, middle, or secondary school. A brief review of the current regulatory framework to medical marijuana dispensing facilities, as distinguished from the cultivation and processing and the delivery of medical marijuana is provided below to clarify some of the administrative provisions of F.S. 381.986. Afterwards, the specific changes to the land development code are described. Medical Marijuana Dispensing 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. F.S. 381.986 (11), states “Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state…” The proposed LDC amendment does not address the cultivation and processing of medical marijuana use. Per F.S. 381.986 (8.j), “Medical marijuana treatment centers are the sole source from which a qualified patient may legally obtain marijuana.” F.S. 381.986 (11) (b.2) 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 such dispensing facilities located within the unincorporated areas of that county.” Additionally, a county may not enact an ordinance for permitting or determining the location of dispensing facilities which is more restrictive than its ordinance for permitting or determining the locations for pharmacies licensed under F.S. 465. Consequently, the County is prohibited from setting limits on medical marijuana dispensing facilities that do not also apply to pharmacies. 9.C.1 Packet Pg. 199 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 2 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx Number of Licensed MMTCs and Dispensing Facilities: The initial maximum number of statewide licensed dispensing facilities is determined by multiplying the current number of approved MMTCs times 25 dispensaries. As of April 20, 2018, the Florida Department of Health (DOH) has licensed 13 MMTCs, which allows the statewide maximum to be 325 dispensing facilities. Upon reaching the initial 100,000 active registered patient limitation, this number can be increased at the rate of five additional dispensaries for each MMTC currently approved, and similarly thereafter, when there are an additional 100,000 registered qualified patients. The maximum number of dispensing facilities allowed in the Southwest Florida (SWF) region and as administered by the DOH, is determined by calculating the percentage of the SWF region of the total statewide 2016 estimated population and applying that percentage to the total number of dispensaries permitted statewide. The SWF region, comprised of 11 out of the 64 total counties, accounts for 18 percent of the statewide population, resulting in a maximum of 59 licensed dispensaries in the SWF region. It should be noted that a MMTC may sell one or more of its unused dispensing facilities slots to another licensed MMTC at the reduction of the selling MMTC’s maximum statewide number of dispensing facilities. This would allow for an approved MMTC to increase its regional maximum number of dispensing facilities. According to F.S. 381.986 (8) (a.5.d), this method of determining the maximum number of dispensaries (i.e., the placement of caps on the number of dispensaries) will expire on April 1, 2020. As published by the “Office of Medical Use of Marijuana” and in the latest weekly update report, April 20, 2018, the DOH has approved a total of 34 dispensing locations for seven of the MMTCs, and registered 100,576 qualified patients. There are currently four licensed dispensing facilities located within the SWF region. Currently, the closest licensed dispensaries to Collier County are operated by Trulieve, located in North Fort Myers and Curaleaf, located in Fort Myers. 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 limitations. 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 permissible 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. 9.C.1 Packet Pg. 200 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 3 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx A new LDC section 2.03.06 I, is added to identify a medical marijuana dispensary would be allowed within a previously approved PUD, when such PUD includes SIC 5912, drug store, pharmacy, or listing 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 those Overlay Zoning Districts where a drug store is specifically listed as a permitted use. They are the Santa Barbara Commercial Overlay (SBCO) and Golden Gate Downtown Center Commercial Overlay (GGDCCO) districts. New LDC section 5.05.16 All medical marijuana dispensaries are subject to the provisions 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 distance section. Per section 381.986 (11.c) F.S., the amendment affirms the statutory minimum separation between schools and a MMTC dispensary at 500 feet. 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 would not cause a medical marijuana dispensary to become a non- conforming use. • A signage section. Per section 381.986 (8.h) F.S. there are certain limitations to advertising and signage such as: “(h) 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: 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 is 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 statutory requirements relative to the amendment are: 9.C.1 Packet Pg. 201 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 4 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx “(f) 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 DOH. 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 there is 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 F.S. 381.986 (8.f.2). Additionally, staff is recommending another security measure as suggested by the cultivation manager at Growth Healthy Medical Marijuana Treatment Center, that 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. • There are three prohibitions recommended by staff 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 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 F.S. 381.986 (8) (f.3) excerpted above. 9.C.1 Packet Pg. 202 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 5 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx o The dispensing of marijuana or marijuana delivery device between 9:00 p.m. and 7: a.m. This provision incorporates F.S. 381.986 (8) (f.3) excerpted above. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee reviewed the amendment on April 18, 2018, lacking a quorum, members present made the following suggestions for further review at the regular DSAC meeting: • Clarify standards related to statutory law from standards recommended by local government. • Address the type of adequate lighting lenses such as full cutoff or semi-cutoff. • Include a cross reference to the County’s Sign Code. • Regarding a requirement that a transport delivery vehicle be parked in a garage or fully enclosed structure, there was no consensus. Some members found it to be a favorable deterrence to criminal activity during night time deliveries while others were opposed because drug stores and a pharmacy do not have the same standard. DSAC RECOMMENDATION: This amendment is scheduled for review at the regular DSAC meeting on May 2, 2018. CCPC RECOMMENDATION: On April 30, 2018, at the night time public hearing, the Planning Commission reviewed the amendment and voted 4-2 to recommend the Board ban medical marijuana dispensaries as a permitted use. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: There are no Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 1.08.02 Definitions 1 * * * * * * * * * * * * * 2 Low-THC cannabis: Has the same meaning as in F.S.381.986; a plant of the genus 3 Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and 4 more than 10 percent of cannabidiol weight for weight; the seeds th ereof; the resin extracted 5 from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or 6 preparation of such plant or its seeds or resin that is dispensed from a medical marijuana 7 dispensary. 8 * * * * * * * * * * * * * 9 Marijuana: Has the same meaning as in F.S. 381.986; all parts of any plant of the genus 10 Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the 11 plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or 12 its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana 13 dispensary for medical use by a qualified patient. 14 * * * * * * * * * * * * * 15 Medical marijuana dispensary: A dispensing facility of a medical marijuana treatment 16 center, which is licensed in accordance with F.S. 381.986. 17 * * * * * * * * * * * * * 18 9.C.1 Packet Pg. 203 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 6 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx Medical use: Has the same meaning as in F.S. 381.986; the acquisition, possession, 1 use, delivery, transfer, or administration of marijuana authorized by a physician certification. The 2 term does not include: 3 1. Possession, use, or administration of marijuana that was not purchased or 4 acquired from a medical marijuana dispensary. 5 2. Possession, use, or administration of marijuana in a form for smoking, in the form 6 of commercially produced food items other than edibles, or of marijuana seeds or 7 flower, except for flower in a sealed, tamper-proof receptacle for vaping. 8 3. Use or administration of any form or amount of marijuana in a manner that is 9 inconsistent with the qualified physician’s directions or physician certification. 10 4. Transfer of marijuana to a person other than the qualified patient for whom it was 11 authorized or the qualified patient’s caregiver on behalf of the qualified patient. 12 5. Use or administration of marijuana in the following locations: 13 a. On any form of public transportation, except for Low-THC cannabis. 14 b. In any public place, except for Low-THC cannabis. 15 c. In a qualified patient’s place of employment, except when permitted by his 16 or her employer. 17 d. In a state correctional institution, as defined in F.S. 944.02 or a 18 correctional institution, as defined in F.S. 944.241. 19 e. On the grounds of a preschool, primary school, or secondary school, 20 except as provided in F.S. 1006.062. 21 f. In a school bus, a vehicle, an aircraft, or a motorboat, except for Low-22 THC cannabis. 23 # # # # # # # # # # # # # 24 25 2.03.03 Commercial Zoning Districts 26 * * * * * * * * * * * * * 27 B. Commercial Convenience District (C-2). 28 * * * * * * * * * * * * * 29 1. The following uses, as identified with a number from the Standard Industrial 30 Classification Manual (1987), or as otherwise provided for within this section are 31 permissible by right, or as accessory or conditional uses within the C-2 32 commercial convenience district. 33 a. Permitted uses. 34 * * * * * * * * * * * * * 35 46. Medical marijuana dispensary with 1,800 square feet or less gross 36 floor area and subject to LDC section 5.05.16. 37 **Renumber remaining uses** 38 * * * * * * * * * * * * * 39 C. Commercial Intermediate District (C-3). 40 * * * * * * * * * * * * * 41 1. The following uses, as identified with a number from the Standard Industrial 42 Classification Manual (1987), or as otherwise provided for within this section are 43 permissible by right, or as accessory or conditional uses within the commercial 44 intermediate district (C-3). 45 a. Permitted uses. 46 * * * * * * * * * * * * * 47 57. Medical marijuana dispensary, subject to LDC section 5.05.16. 48 **Renumber remaining uses** 49 * * * * * * * * * * * * * 50 D. General Commercial District (C-4). 51 * * * * * * * * * * * * * 52 9.C.1 Packet Pg. 204 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 7 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx 1. The following uses, as defined with a number from the Standard Industrial 1 Classification Manual (1987), or as otherwise provided for within this section are 2 permissible by right, or as accessory or conditional uses within the general 3 commercial district (C-4). 4 a. Permitted uses. 5 * * * * * * * * * * * * * 6 86. Medical marijuana dispensary, subject to LDC section 5.05.16. 7 **renumber remaining uses** 8 * * * * * * * * * * * * * 9 E. Heavy Commercial District (C-5). 10 * * * * * * * * * * * * * 11 1. The following uses, as identified 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 heavy 14 commercial district (C-5). 15 a. Permitted uses. 16 * * * * * * * * * * * * * 17 106. Medical marijuana dispensary, subject to LDC section 5.05.16. 18 **renumber remaining uses** 19 # # # # # # # # # # # # # 20 21 2.03.04 Industrial Zoning Districts 22 * * * * * * * * * * * * * 23 B. Business Park District (BP). 24 * * * * * * * * * * * * * 25 1. The following uses, as identified within the latest edition of the Standard 26 Industrial Classification Manual, or as otherwise provided for within this section, 27 are permitted as of right, or as uses accessory to permitted primary or secondary 28 uses, or are conditional uses within the business park district. 29 * * * * * * * * * * * * * 30 b. Permitted secondary uses accessory to the business park district. 31 Development is limited to a maximum of 30 percent of the total acreage of 32 the business park district for the following uses: 33 * * * * * * * * * * * * * 34 4. Drug stores (5912, limited to drug stores and pharmacies) in 35 conjunction with health services group and medical 36 laboratories/research/rehabilitative groups. ; and medical 37 marijuana dispensaries, subject to LDC section 5.05.16. 38 # # # # # # # # # # # # # 39 40 2.03.06 Planned Unit Development Districts 41 * * * * * * * * * * * * * 42 D. The following are permissible uses in the Research and Technology Park PUD: 43 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 9.C.1 Packet Pg. 205 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 8 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx 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 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 9.C.1 Packet Pg. 206 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 9 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx 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 & 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 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 & 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 & Commodity Brokers 6211—6289 NT Self-service fuel pumps NT Signs in accordance with 5.06.00 § 5.06.00 P 9.C.1 Packet Pg. 207 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 10 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx 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 I. A Medical marijuana dispensary is a permitted use, subject to LDC section 5.05.16, 11 within PUDs approved p rior to [effective date of the ordinance], only when the PUD’s 12 list of permitted uses includes SIC code 5912, drug store, pharmacy, or any of the 13 following zoning districts listed in the PUD: C-2, C-3, C-4, C-5, BP, or RTPPUD. 14 # # # # # # # # # # # # # 15 16 2.03.07 Overlay Zoning Districts 17 * * * * * * * * * * * * * 18 H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties 19 abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace 20 S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the 21 Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. 22 * * * * * * * * * * * * * 23 6. The following uses, as identified within the latest edition of the Standard 24 Industrial Classification Manual, or as otherwise provided for within this section, 25 are permitted as of right, or as uses accessory to permitted primary or secondary 26 uses, or are conditional uses within the Santa Barbara Commercial Overlay 27 District. 28 a. Permitted uses. 29 * * * * * * * * * * * * * 30 51. Medical marijuana dispensary, subject to LDC section 5.05.16. 31 **Renumber remaining uses** 32 * * * * * * * * * * * * * 33 O. Golden Gate Downtown Center Commercial Overlay District (GGDCCO). Special 34 conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City, 35 as identified on the Golden Gate Downtown Center Commercial Subdistrict Map of 36 the Golden Gate Area Master Plan and as contained herein. 37 * * * * * * * * * * * * * 38 4. Permitted uses. 39 * * * * * * * * * * * * * 40 c. Commercial uses: 41 * * * * * * * * * * * * * 42 48. Medical marijuana dispensary limited to 5,000 square feet per 43 floor and subject to LDC section 5.05.16. 44 **Renumber remaining uses** 45 # # # # # # # # # # # # # 46 47 9.C.1 Packet Pg. 208 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) Text underlined is new text to be added. Text strikethrough is current text to be deleted. 11 L:\LDC Amendments\Current Work\Rich\Medical Marijuana\LDC Section 5.05.16 - Permitted Use 5-7-18 BCC.docx 5.05.16 Medical Marijuana Dispensaries. 1 A. Purpose and Intent. The purpose of this section is to provide for the compatibility of 2 medical marijuana dispensaries with surrounding uses and to protect the health, safety, 3 and welfare of the general public by adherence to Section 381.986 F.S. 4 B. Separation Distances. 5 1. A medical marijuana dispensary shall not be located within 500 feet of the real 6 property that comprises a public or private elementary, middle, or secondary 7 school. The distance of 500 feet shall be measured as the shortest distance 8 between the lot on which the school is located and the lot on which the medical 9 marijuana dispensary is located, except that medical marijuana dispensaries 10 located in shopping centers shall be measured to the outer wall of the 11 establishment. 12 2 The erection of any public or private elementary school, middle school, or 13 secondary school subsequent to the issuance of a development order for a medical 14 marijuana dispensary shall not cause the medical marijuana dispensary to become 15 nonconforming. 16 C. Signage. Signage shall be limited to one wall sign or hanging sign in the window of the 17 premises that identify the medical marijuana dispensary by business name, the state 18 Department of Health (DOH) approved trade name, or the DOH approved logo and meet 19 the requirements of LDC section 5.06.00. A medical marijuana dispensary’s trade name 20 and logo may not contain wording or images commonly associated with marketing 21 targeted toward children or which promote recreational use of marijuana. 22 D. Security Measures and Design. 23 1. Medical marijuana dispensaries shall be designed and equipped with the following: 24 a. A dark sky compliant outdoor lighting system to clearly identify persons and 25 vehicles on premise, oriented downward and shielded to minimize light 26 trespass and glare. The design shall reduce excessive glare, light trespass 27 and sky glow with light fixtures that are full cutoff with flat lenses. 28 b. The indoor premises will include a waiting area with adequate seating for 29 qualified patients and caregivers and at least one private consultation area 30 that is isolated from the waiting area and the area where dispensing occurs. 31 c. The medical marijuana transport delivery vehicle shall be parked in a 32 garage or fully enclosed structure, when not in use for delivery. 33 2. The following are prohibited; 34 a. Drive-through, drive-ins, curbside pickup, take-out windows or similar 35 outdoor transaction facilities and all outdoor transactions. 36 b. The display of products, marijuana, or marijuana delivery devices in the 37 waiting area. 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 9.C.1 Packet Pg. 209 Attachment: Draft LDC Amendment 5-7-18 BCC (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 1 of 15 Words struck through are deleted, words underlined are added ORDINANCE NO. 18 –___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 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, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT (SBCO), AND GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCO), AND TO CODIFY STATUTORY REQUIREMENTS FOR SECURITY MEASURES AND DESIGN AND SIGNAGE, 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; CHAPTER TEN – APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and 9.C.2 Packet Pg. 210 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 2 of 15 Words struck through are deleted, words underlined are added WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on April 30, 2018, and reviewed the proposed amendments for consistency with the Comprehensive Plan but did not recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on May 22, 2018 and on June ___, 2018, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT 9.C.2 Packet Pg. 211 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 3 of 15 Words struck through are deleted, words underlined are added The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are 9.C.2 Packet Pg. 212 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 4 of 15 Words struck through are deleted, words underlined are added compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions 9.C.2 Packet Pg. 213 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 5 of 15 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * Low-THC cannabis: Has the same meaning as in F.S.381.986; a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical marijuana dispensary. * * * * * * * * * * * * * Marijuana: Has the same meaning as in F.S. 381.986; all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana dispensary for medical use by a qualified patient. * * * * * * * * * * * * * Medical marijuana dispensary: A dispensing facility of a medical marijuana treatment center, which is licensed in accordance with F.S. 381.986. * * * * * * * * * * * * * Medical use: Has the same meaning as in F.S. 381.986; the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include: 1. Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana dispensary. 2. Possession, use, or administration of marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper-proof receptacle for vaping. 3. Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician’s directions or physician certification. 4. Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient’s caregiver on behalf of the qualified patient. 5. Use or administration of marijuana in the following locations: a. On any form of public transportation, except for Low-THC cannabis. b. In any public place, except for Low-THC cannabis. c. In a qualified patient’s place of employment, except when permitted by his or her employer. 9.C.2 Packet Pg. 214 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 6 of 15 Words struck through are deleted, words underlined are added d. In a state correctional institution, as defined in F.S. 944.02 or a correctional institution, as defined in F.S. 944.241. e. On the grounds of a preschool, primary school, or secondary school, except as provided in F.S. 1006.062. f. In a school bus, a vehicle, an aircraft, or a motorboat, except for Low- THC cannabis. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 Commercial Zoning Districts * * * * * * * * * * * * * B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C- 2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density 9.C.2 Packet Pg. 215 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 7 of 15 Words struck through are deleted, words underlined are added rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. * * * * * * * * * * * * * 45. Management services (8741 and 8742). 46. Medical marijuana dispensary with 1,800 square feet or less gross floor area and subject to LDC section 5.05.16. 46.47. Mortgage bankers and loan correspondents (6162). **Remainder of list to be renumbered accordingly** * * * * * * * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are 9.C.2 Packet Pg. 216 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 8 of 15 Words struck through are deleted, words underlined are added permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. * * * * * * * * * * * * * 56. Marinas (4493), subject to section 5.05.02. 57. Medical marijuana dispensary, subject to LDC section 5.05.16. 57.58. Membership organizations, miscellaneous (8699). **Remainder of list to be renumbered accordingly** * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * * 85. Medical equipment rental and leasing (7352). 86. Medical marijuana dispensary, subject to LDC section 5.05.16. 86.87. Membership organizations, miscellaneous (8699). 9.C.2 Packet Pg. 217 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 9 of 15 Words struck through are deleted, words underlined are added **Remainder of list to be renumbered accordingly** * * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * * 105. Medical equipment rental and leasing (7352). 106. Medical marijuana dispensary, subject to LDC section 5.05.16. 106.107. Membership organizations, miscellaneous (8699). **Remainder of list to be renumbered accordingly** * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 Industrial Zoning Districts * * * * * * * * * * * * * 9.C.2 Packet Pg. 218 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 10 of 15 Words struck through are deleted, words underlined are added B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. * * * * * * * * * * * * * b. Permitted secondary uses accessory to the business park district. Development is limited to a maximum of 30 percent of the total acreage of the business park district for the following uses: * * * * * * * * * * * * * 4. Drug stores (5912, limited to drug stores and pharmacies) in conjunction with health services group and medical laboratories/research/rehabilitative groups.; and medical marijuana dispensaries, subject to LDC section 5.05.16. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS Section 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.06 Planned Unit Development Districts * * * * * * * * * * * * * D. The following are permissible uses in the Research and Technology Park PUD: 9.C.2 Packet Pg. 219 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 11 of 15 Words struck through are deleted, words underlined are added Identified Use Special Notes Or Regulation RTPPUD * * * * * * * * * * * * * 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 * * * * * * * * * * * * * Notes: (1) Subject to limitations for commercial uses set forth in LDC subsection 2.03.03 C. of this LDC. (2) Accessory uses only (3) Subject to ordinance 02-24 (GMP amendment). * * * * * * * * * * * * * H. Conversion of Golf Courses. Golf courses constructed within a PUD shall adhere to the process established in LDC section 5.05.15 prior to converting to another use. I. A medical marijuana dispensary is a permitted use, subject to LDC section 5.05.16, within PUDs approved prior to [effective date of this ordinance], only when the PUD’s list of permitted uses includes SIC code 5912, drug store, pharmacy, or any of the following zoning districts listed in the PUD: C-2, C-3, C-4, C-5, BP, or RTPPUD. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. * * * * * * * * * * * * * 9.C.2 Packet Pg. 220 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 12 of 15 Words struck through are deleted, words underlined are added 6. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the Santa Barbara Commercial Overlay District. a. Permitted uses. * * * * * * * * * * * * * 50. Management services (8741, 8742). 51. Medical marijuana dispensary, subject to LDC section 5.05.16. 51.52. Membership organizations, miscellaneous (8699). **Remainder of list to be renumbered accordingly** * * * * * * * * * * * * * O. Golden Gate Downtown Center Commercial Overlay District (GGDCCO). Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City, as identified on the Golden Gate Downtown Center Commercial Subdistrict Map of the Golden Gate Area Master Plan and as contained herein. * * * * * * * * * * * * * 4. Permitted uses. * * * * * * * * * * * * * c. Commercial uses: * * * * * * * * * * * * * 47. Medical equipment rental and leasing (7352). 48. Medical marijuana dispensary limited to 5,000 square feet per floor and subject to LDC section 5.05.16. 48.49. Membership organizations - miscellaneous (8699). **Remainder of list to be renumbered accordingly** * * * * * * * * * * * * * SUBSECTION 3.___. ADDING SECTION 5.05.16 MEDICAL MARIJUANA DISPENSARIES Section 5.05.16 Medical Marijuana Dispensaries, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 9.C.2 Packet Pg. 221 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 13 of 15 Words struck through are deleted, words underlined are added 5.05.16 Medical Marijuana Dispensaries. A. Purpose and Intent. The purpose of this section is to provide for the compatibility of medical marijuana dispensaries with surrounding uses and to protect the health, safety, and welfare of the general public by adherence to Section 381.986 F.S. B. Separation Distances. 1. A medical marijuana dispensary shall not be located within 500 feet of the real property that comprises a public or private elementary, middle, or secondary school. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school is located and the lot on which the medical marijuana dispensary is located, except that medical marijuana dispensaries located in shopping centers shall be measured to the outer wall of the establishment. 2 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 not cause the medical marijuana dispensary to become nonconforming. C. Signage. Signage shall be limited to one wall sign or hanging sign in the window of the premises that identify the medical marijuana dispensary by business name, the state Department of Health (DOH) approved trade name, or the DOH approved logo and meet the requirements of LDC section 5.06.00. A medical marijuana dispensary’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. D. Security Measures and Design. 1. Medical marijuana dispensaries shall be designed and equipped with the following: a. A dark sky compliant outdoor lighting system to clearly identify persons and vehicles on premise, oriented downward and shielded to minimize light trespass and glare. The design shall reduce excessive glare, light trespass and sky glow with light fixtures that are full cutoff with flat lenses. b. The indoor premises will include a waiting area with adequate seating for qualified patients and caregivers and at least one private consultation area that is isolated from the waiting area and the area where dispensing occurs. 9.C.2 Packet Pg. 222 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 14 of 15 Words struck through are deleted, words underlined are added c. The medical marijuana transport delivery vehicle shall be parked in a garage or fully enclosed structure, when not in use for delivery. 2. The following are prohibited; a. Drive-through, drive-ins, curbside pickup, take-out windows or similar outdoor transaction facilities and all outdoor transactions. b. The display of products, marijuana, or marijuana delivery devices in the waiting area. c. Dispensing from the premises marijuana or a marijuana delivery device between the hours of 9:00 P.M. and 7:00 A.M. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. 9.C.2 Packet Pg. 223 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) DRAFT 5/16/18 Page 15 of 15 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ____day of ________, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:_____________________________ , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: __________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/_____ (5/16/18) 9.C.2 Packet Pg. 224 Attachment: draft Ordinance - Medical Marijuana - 5.16.18 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm)) 9.C.3 Packet Pg. 225 Attachment: Legal Ad - Agenda ID 5254 (5254 : Medical Marijuana Dispensaries LDCA (1st hearing - 5:05pm))