HomeMy WebLinkAboutAgenda PZAB 091917
A G E N D A
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, SEPTEMBER 19, 2017 AT 6:00 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE DIRECTOR OF PLANNING AND ZONING:
NATALIE CROWLEY
• APPROVAL OF MINUTES: 08/08/2017
PLANNING, ZONING AND APPEALS BOARD
Regular Members: Alternate:
Randolph Hansen John Glidden
Howard Rosenkranz
Robert Savel
Carl Sabatello
Michael Panczak
Marc Cohn
C. Steve Lewis
Planning, Zoning and Appeals Board
September 19, 2017
2
1. Recommendation to City Council (Public Hearing) – QUASI JUDICIAL HEARING
MISC-17-01-000132: Burwick Residential Community requesting Entry signs
A petition by Double Eagle Construction Group, requesting approval of three (3) new
residential entry signs for the Burwick residential community located in the PGA
National Planned Community Development (PCD). The community is located on the
south side of PGA Boulevard, on the north side of Tournament Boulevard, on the west
side of Medalist Avenue, and on the east side of Ryder Cup Boulevard.
Project Manager: Elizabeth Levesque, Planner, elevesque@pbgfl.com
2. Recommendation to City Council (Public Hearing) - LDRA-17-08-000065: LDR
Amendment to add Medical Marijuana Dispensing Facilities as a Prohibited Use
A City initiated petition amending the City’s Land Development Regulations
regarding Chapter 78 of the City’s Code of Ordinances in order to add Medical
Marijuana Treatment Centers and Medical Marijuana Treatment Center – Dispensing
Facilities to the list of Prohibited Uses in all Zoning Districts and add definitions of
“Marijuana” and “Medical Marijuana Treatment Center – Dispensing Facility.”
Project Manager: Martin Fitts, Planner, mfitts@pbgfl.com
3. Recommendation to City Council (Public Hearing) - LDRA-17-08-000066: LDR
Amendment for a temporary moratorium on small wireless facilities within the City
owned Rights-of-Way
A City initiated petition establishing and imposing a temporary moratorium within the
City Limits of Palm Beach Gardens on the submittal and processing of applications,
and issuance of any permits pertaining to the collocation on existing or the creation of
new utility poles in the right of way to support small wireless facilities or micro
wireless facilities for a period ending December 31, 2017.
Project Manager: Martin Fitts, Planner, mfitts@pbgfl.com
4. OLD BUSINESS
5. NEW BUSINESS
6. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to
participate in this proceeding should contact the City Clerk’s Office, no later than five days prior to the proceeding, at telephone number (561)
799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE),
for assistance. If a person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land
Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings;
and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in the Growth Management
Department.
g:\share\administration\pzab agenda\p & z agenda 2017\pzab agenda 09.12.2017.docx
BURWICK HOMEOWNERS
ASSOCIATION, INC.
PROJECT: (3) MONUMENT ID WALLS
c/o Lang Management
11360 N. Jog Rd. Ste. 101
Palm Beach Gardens, FL 33418
Site Plan
Locations of Sign(s) –Alnwick Road
Locations of Sign(s) –Ryder Cup Blvd.
Locations of Sign(s) –Medalist Blvd.
Plans
Landscape Plan
Color Elevations
White Oak Country Ledgestone
(same as used on PGA guardhouses)
Letter Color –Dark Bronze
Color Elevations cont’d.
Color Elevations cont’d.
MISC-17-01-000132 –
Burwick Within PGA National Residential
Entry Signs
Planning, Zoning and Appeals Board
9/19/2017
Location –Burwick Community
A
PGA Boulevard •138 single family
lots
•8 individual
separate entrances
•No community
identification signs
N
PGA National PCD
PGA National PCD PGA
Resort
Subject Request
•2 Residential
Entry Signs along
Ryder Cup
Boulevard
•1 Residential
Entry Sign along
Medalist Avenue
= proposed residential entry signs
PGA Boulevard
Residential Entry Signs
•Located at intersection of Alnwick Road and Ryder
Cup Boulevard
Residential Entry Signs
•Burwick Lake and Ryder Cup Boulevard
Residential Entry Signs
•Medalist Avenue Sign
•Located south of Surrey Road, North of Burwick
Park
Sign Design and Landscaping
•Concrete masonry
construction
•Overlaid with white oak
country ledgestone
•Matches PGA National
Entry Signs
•Bronze individual mounted
letters
•Green Island Ficus and Ilex
Shillings Dwarf Holly
•Podocarpus
•To meet City Code
Landscaping
Staff recommends APPROVAL of
MISC-17-01-000132
RECOMMENDATION
LDRA-17-08-000065
PLANNING, ZONING
AND APPEALS BOARD
SEPTEMBER 19, 2017
Request
Amend Chapter 78 of the City’s Code of
Ordinances to add Medical Marijuana
Treatment Centers and Medical Marijuana
Treatment Centers-Dispensing Facilities to the
list of Prohibited Uses in all Zoning Districts.
Background
Nov. 8, 2016, Florida voters approved Constitutional
Amendment to expand medical marijuana use and
allow alternative dispensing methods.
June 2017, Florida Legislature approved Senate Bill 8-A
to implement the Constitutional Amendment.
Section 381.986,Florida Statutes
New Law contains “Preemption” provisions that prevent a
municipality or county from limiting the number of
dispensing facilities or establishing zoning rules,
regulations, or permitting requirements that are more
stringent than those placed on “pharmacies” (CVS,
Walgreens)
Section 381.986,Florida Statutes
New Law contains “Preemption” provisions that prevent a
municipality or county from limiting the number of
dispensing facilities or establishing zoning rules,
regulations, or permitting requirements that are more
stringent than those placed on “pharmacies” (CVS,
Walgreens)
New Law also provides municipalities and counties the
option to ban medical marijuana treatment center
dispensing facilities.
Section 381.986,Florida Statutes
Staff has reviewed the law and the preemption
requirements.
Recommends adding the uses of Medical Marijuana
Treatment Center and Medical Marijuana Treatment
Center-Dispensing Center to the list of prohibited uses
within the City based on Public Safety, Legal, and Zoning
concerns
Zoning Concerns
Municipalities and Counties are preempted from:
•Requiring separation distances to avoid clustering,
•Limiting the overall number of MMTC-DFs,
•Requiring separation distances around churches or daycares,
•Placing reasonable and adequate zoning regulations above
and beyond than what is required for General Pharmacies, or
•Requiring additional conditions to ensure compatibility with
the surrounding uses.
Zoning Concerns
•Zoning Districts that allow Pharmacies:
–Professional Office (PO)
–Commercial Neighborhood (CN)
–General Commercial (CG1)
–Intensive Commercial (CG2)
Zoning Concerns
Law Enforcement Concerns
•Marijuana remains illegal under Federal law
•No currently accepted national standard
•Doctor’s prescription for medical use does not
prevent abuse
•Storefronts may become a magnet for crime
Law Enforcement Concerns
(continued)
•Proximity of schools, daycare, parks, nearby
stores may see increase of loitering and fear of
crime impacting neighborhood quality of life
•Infused products, such as candy, lozenges, and
baked goods are easily diverted to minors
•Need to have dispensaries in City is negated
by State law allowing home delivery
Life Safety Concerns
•Because medical marijuana dispensaries will have a largeamountofmarijuanaandcashonsite,they are at anincreasedriskforrobberiesandburglaries.
•In order to protect themselves,dispensaries increase theirsecuritytolimitunauthorizedpersonnelbyutilizingmultipledeadbolts,slide bolts,barricade devices,security windowsandaccesscontrolsystems.
•These devices can cause delays or prevent occupants fromquicklyexitingthebuildingintheeventofafireandcanhinderfiredepartmentaccessneededforrescuingvictimsand/or fire suppression.
Proposed Amendments
•Sec. 78-159 –Adds Medical Marijuana Treatment
Centers (MMTC) and/or Medical Marijuana
Treatment Center –Dispensing Facility (MMTC-DF) to
the list of Prohibited Uses.
•Sec. 78-751 –Adds definitions for Marijuana and
Medical Marijuana Treatment Center and/or Medical
Marijuana Treatment Center –Dispensing Facility.
Summary
•The nature of the business creates unique challenges for
municipalities.
•The Legislature limited the ability of municipalities to
effectively address these challenges with adequate
zoning regulations.
•The Legislature specifically allowed municipalities the
option of banning MMTC-DFs from the City limits.
Recommendation
Staff recommends APPROVAL of LDRA-17-08-000065 as
presented.
Questions?
LDRA-17-08-000066
PLANNING, ZONING,
AND APPEALS BOARD
SEPTEMBER 19, 2017
Request
Establish and impose a temporary moratorium
on the submittal and processing of permits for:
•Collocation of wireless facilities on existing
utility poles within the City ROW, or
•Creation of new utility poles within the City
ROW to support wireless facilities
Background
June 23, 2017, Gov. Scott approved House Bill 687
which provides for the installation of small wireless
facilities or micro wireless facilities on government-
owned “utility poles” in the City-owned rights-of-
way.
Preemption
Municipalities may not:
•Prohibit, regulate, or charge for collocation with
limited exceptions,
•Place minimum separation distances between
wireless facilities,
•Require specific locations or types of poles be used,
•Add conditions such as reserving band width or pole
space for the City’s use
Applicable Codes
Chapter 2017-136 defines “Applicable Codes” as:
•Uniform building, fire, electrical, plumbing, or
mechanical codes.
•Local codes or ordinances adopted to implement
Chapter 2017-136
–Includes objective design standards for:
•Reasonable spacing requirements for ground based equipment
•Location context, color, stealth and concealment requirements
Summary
•City Staff has not had the opportunity to review the
permitting process to determine what, if any,
changes will be needed to implement the new law.
•City Staff has not had the opportunity to develop the
objective design standards to implement the law.
Recommendation
Staff recommends APPROVAL of LDRA-17-08-000066 as
presented.
Questions?
Examples
Utility Poles
Utility Poles are defined as 15 foot or taller poles or
similar structures used for:
•Lighting
•Traffic control
•Signage
•Power transmission
•Communications
•Similar functions
Permit processing
•Applicant can submit up to 30 collocations on one
permit.
•City cannot charge more than $150 to locate on a
city utility pole.
•After finding application sufficient, permit must be
approved or denied within 60 days.
Reasons for denial of permit
•Materially interferes with the safe operation of traffic
control equipment.
•Materially interferes with compliance with ADA
•Fails to comply with DFOT Utility Accommodation
Manual
•Fails to comply with applicable codes.
Objective Design Standards
The City must provide rates, fees, and objective design
standards to prospective applicants by no later than
January 1, 2018.
Standards must be nondiscriminatory and
competitively neutral.
Design Standards