Zoning commissioners approve staff-backed townhouse code changes after public concern

Palm Beach County Zoning Commission members voted to approve staff recommendations to advance a privately proposed, phase‑2 revision to the Unified Land Development Code (ULDC) that modifies townhouse regulations, including a reduced rear setback option and the reintroduction of parking tracks. The commission approved the staff-recommended language and directed the application to move forward.

The change, presented by the applicant’s representative Scott Bachman and discussed by county zoning director (on-record as zoning director), would allow a reduced rear setback and give development and staff more flexibility to permit fee‑simple townhome lots rather than forcing developers to use multifamily condominium product types. The zoning director told the commission the packet language was largely staff‑driven and that the applicant had originally asked only to reduce the rear setback from 25 feet to 15 feet.

Why it matters: Commissioners and staff said the revisions aim to reduce a longstanding mismatch between the county’s treatment of townhouses and other residential types that has produced nonconforming properties since the early 1990s. Supporters say added flexibility could unlock fee-simple townhome development and reduce nonconformities; opponents warned the changes could increase density and infrastructure stress in established neighborhoods.

Speaking at the hearing, John Eubanks Jr., representing neighbors including a nearby property owner, objected that the proposal appeared developer-driven and raised public‑safety and infrastructure concerns, saying reduced setbacks and smaller drainage easements could worsen flooding during hurricanes. Robert Palahunick, representing Meisner and other residents for the record, urged the county to require independent traffic and engineering reviews and argued the packet lacked sufficient impact analyses and community capability assessments.

County staff and the applicant responded that engineering reviewers participated in the code drafting and that the proposed changes meet requirements of the comprehensive plan, the ULDC and state statutes governing property development regulations. Staff also emphasized that the wider package largely restores language from earlier versions of the code (circa 2014) and that projects would still be subject to project‑level reviews where necessary. On a related note, the zoning director advised that any project that wished to use the revised standards could still be recommended to preserve existing setbacks on a case‑by‑case basis.

The commission debated wording such as whether to use the term “property owners association” versus a more generic “community association” to ensure condominium and cooperative forms would not be unintentionally excluded; staff agreed "community association" is a clearer, broader term. Commissioners asked whether engineering and drainage concerns had been vetted; staff and development review engineers confirmed they had provided input.

Outcome: The commission adopted the staff recommendation for the ULDC changes (motion approved). Commissioners also moved forward with the item that required the zoning commission to act as the Land Development Regulation Commission pursuant to Florida Statute 163.3194.

What's next: The approved text amendments will proceed through the county’s adoption process and will apply to future townhouse applications; project‑level approvals will continue to require site‑specific technical review and, where applicable, additional traffic, stormwater or infrastructure analyses.

Sources: Presentation by applicant representative Scott Bachman; testimony by members of the public; statements by county zoning division staff and the zoning director; commission vote at the public hearing.