Palm Bay, FL – The Planning and Zoning Board meets Wednesday, May 6 at 6:00 PM in City Hall Council Chambers, 120 Malabar Road SE. The board has four items: a proposed ordinance to ban new cannabis dispensaries citywide, a conditional use request for a gas station and drive-through restaurant in northwest Palm Bay, a Comprehensive Plan amendment establishing measurable public safety response-time standards, and a routine floodplain code update. The board recommends to City Council; Council takes final action at a separate meeting.

City Would Prohibit New Dispensaries Under State Ban Authority

The lead item is a proposed amendment to Chapter 120 of the city’s Code of Ordinances that would prohibit any new medical marijuana treatment center dispensing facility from opening within Palm Bay city limits.

The ordinance traces to a December 18, 2025 City Council consensus at which Deputy Mayor Mike Jaffe raised the issue. The resulting draft relies on section 381.986(11), Florida Statutes, which authorizes a municipality to “ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality.”

A total ban is the only local tool the legislature left available. Under F.S. 381.986, dispensaries must be allowed anywhere pharmacies are allowed, and the statute preempts any local permitting process. The city cannot restrict the number of dispensaries or impose concentration limits.

If adopted, the ordinance would not apply retroactively. Dispensaries operating legally on the date of enactment would continue as nonconforming uses, with zero direct economic impact per the Business Impact Estimate. Approximately 7 to 9 dispensaries currently operate within Palm Bay city limits, including FLUENT Cannabis at 1760 Palm Bay Rd NE (the former Wagon Wheel Pizza building) and The Flowery at 1755 Palm Bay Rd NE (the former Wendy’s).

Eight days before the May 6 vote, a U.S. Department of Justice final order effective April 28, 2026 moved state-licensed medical marijuana to Schedule III of the Controlled Substances Act (Federal Register document 2026-08177). That rescheduling does not alter F.S. 381.986 or Palm Bay’s ban authority. The preemption provisions in subsection (11) are state-law constructs independent of federal scheduling.

Palm Bay voters supported Florida Amendment 3 (2024), the adult-use recreational cannabis measure, at 59.89% Yes across 14 confirmed precincts, per Brevard County election results. The required threshold was 60%; Palm Bay was 0.11 points short. That result ran nearly four points above the Brevard County average of 55.85% and the statewide result of 55.90%. Amendment 3 failed statewide. A 2026 follow-up petition drive fell short of signatures; the Florida Supreme Court declined review on March 9, 2026, ending adult-use legalization efforts for the 2026 ballot.

Wednesday’s vote is a recommendation only. A likely first reading is the May 7 Regular Council Meeting.

Gas Station and Drive-Through Proposed for Northwest Palm Bay; Quasi-Judicial Deadline Is Friday

The board will hear conditional use application CU25-00003, a request for retail fuel sales and a drive-through quick-service restaurant at the northwest corner of Emerson Drive NW and Glencove Avenue NW. The applicant is Summit Shah of Ganesh of Titusville LLC, represented by Carmine Ferraro of Crossover Commercial Group, Inc.

The proposal includes four pump islands with eight pumps and a 3,648 square-foot convenience store on 2.67 acres of a 12.19-acre parcel zoned Neighborhood Commercial. Staff recommends approval with one condition: the applicant must design and build a westbound right-turn lane on Emerson Drive prior to certificate of occupancy. The developer cannot open until the turn lane is built. If approved, this would be the second fuel station at the Emerson/Glencove intersection, reaching the maximum of two allowed under Section 174.041(A) of city code.

This is a quasi-judicial proceeding. The filing deadline is 5:00 PM, Friday, May 1, 2026. Any resident who wishes to participate as an affected party, present testimony, or submit evidence at the May 6 hearing must file written notice with the Palm Bay City Clerk before that deadline. Residents near the Emerson Drive NW and Glencove Avenue NW area who want to be heard need to act before Friday afternoon.

Comp Plan Amendment Would Set Response-Time Standards for Fire and Police

CP26-00001, carried over from a prior agenda, proposes a Citywide Comprehensive Plan amendment establishing measurable Level of Service standards for fire and police response for the first time.

Proposed fire rescue standards under Policy CIE-1.5A: first-due fire suppression units within 4 minutes for 90% of priority incidents; first-arriving EMS unit within 6 minutes; full effective response force for structure fires within 8 minutes. Proposed police standards under Policy CIE-1.5G: Priority 2 calls at an 8-minute response objective, Priority 3 calls at 10 to 15 minutes. Once adopted, new development will need to demonstrate it will not degrade these standards. Staff recommends approval. Council transmits the amendment to the Florida Department of Commerce for review.

Floodplain Code Update is Housekeeping

T26-00003 amends LDC Chapter 179 to clarify cross-references, designate the City Manager as Floodplain Administrator with delegation authority, and align with Florida Building Code. The amendment was recommended by a Florida Division of Emergency Management consultant for FEMA compliance. Staff recommends approval.

This story is also published at news.thepalmbayer.com/news/palm-bay-planning-board-may-6-2026-preview/ with additional inline visuals, related coverage links, and a video embed where available.

Sources

  • Palm Bay P&Z Board Agenda and Packet, May 6, 2026 (PrimeGov Packet ID 6029): https://palmbayflorida.primegov.com/
  • Florida Statutes, § 381.986(11), Local government authority to ban MMTC dispensing facilities: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/Sections/0381.986.html
  • Federal Register, document 2026-08177, “Schedules of Controlled Substances: Rescheduling of Marijuana,” effective April 28, 2026: https://www.federalregister.gov/documents/2026/04/28/2026-08177/schedules-of-controlled-substances-rescheduling-of-marijuana
  • Brevard County Supervisor of Elections, 2024 General Election, Amendment 3 precinct results: https://enr.electionsfl.org/BRE/3704/Precincts/53542/
  • Florida Supreme Court denial of review (March 9, 2026), per Cannabis Business Times: https://www.cannabisbusinesstimes.com/us-stats/florida/news/15819235/florida-supreme-court-wont-review-cannabis-signatures-adultuse-legalization-dead-for-2026