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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