Palm Beach County zoning commission urged to address missed public comments on Nash Trail; commission says it cannot reconsider

Members of the public told the Palm Beach County Zoning Commission on May 1 that county staff failed to call multiple residents who had submitted comment cards on a proposed Nash Trail development, and they urged the commission to correct what they described as a due‑process error.

The dispute centers on a prior zoning‑commission meeting at which residents say five nearby property owners submitted cards asking to speak but were not called. John Eubanks Jr., representing five neighbors, said those residents “sent cards in with request to speak and due to staff error the members in public were not called upon to speak.”

The issue prompted the commission’s county attorney to tell the meeting that the commission does not have authority under its rules to reconsider a recommendation after it has been transmitted. “There’s nothing in the code or rules which allow the zoning commission at this time to reconsider the item,” the county attorney said, noting that the Board of County Commissioners (BCC) has the power to remand recommendations back to the zoning commission.

Zoning Division leadership acknowledged the missed public testimony and said staff would collect letters and materials from residents and include them in the BCC packet. “We will include all of the materials that were provided today and that we received in that packet, and we'll include a summary of the discussion today,” the zoning director said.

Speakers at the meeting described how the proposed development would change the character of adjacent agricultural and equestrian properties, and they asked for larger buffers, berms, and walls on the project’s perimeter. Michael Gordon, who said he operates an equine boarding facility adjacent to the site, said the plan “will significantly change the landscape and adversely affect my clients' horses as well as disrupt my enjoyment of my life in a rural setting.” Other residents raised concerns about traffic and property values.

The zoning commission’s prior recommendation is advisory; a final decision will be made by the Palm Beach County Board of County Commissioners at a public hearing scheduled for May 22 at 1 p.m. Staff and the county attorney told residents they may submit written materials and will have an opportunity to speak at the BCC hearing.

No motion to reopen or reconsider the zoning commission’s prior recommendation was made or adopted at the May 1 meeting. The commission accepted public comment at the May 1 session and directed staff to forward the collected materials and a summary of the discussion to the Board of County Commissioners for its May 22 hearing.