Board adopts townhouse regulation changes and asks staff to review variances and waivers process

Palm Beach County commissioners on Thursday approved an amendment to the Unified Land Development Code (ULDC) that changes townhouse setback and related provisions, and they asked planning staff to return with options to clarify the use of variances and waivers.

The privately proposed phase-2 townhouse regulation changes would reduce certain townhouse setbacks (for example reducing rear setback from 25 to 15 feet in some contexts) and reintroduce design elements such as parking tracks, which staff said would reduce nonconformities and allow fee-simple townhome options without mandatory garages. The board voted 6-0 to adopt the revisions.

The item drew multiple public speakers who warned the proposed changes could allow higher-density development adjacent to low-density or agricultural properties and could reduce buffers that residents rely upon. Attorneys and property representatives urged caution on drainage easements, parking-lot heat-island effects, and the potential for increased stormwater and drainage issues if easement widths are reduced.

Planning staff explained the distinction between variances and waivers under the ULDC. Staff said a variance generally requires a showing of a peculiar circumstance and is not self-created by the applicant; waivers have a narrower set of findings and can be a tool to provide flexibility for urban design and density bonuses. Staff told the board there are type 1 (administrative) and type 2 (board- or commission-level) categories. The board asked staff to study whether some type 2 variances should instead be processed as waivers and whether appeals might go to the Board of County Commissioners rather than to circuit court in some cases.

Commissioners said they wanted zoning commissioners to have better access to staff briefings and reports before zoning-commission hearings and asked staff to develop options to make variance and waiver decisions more transparent and, where appropriate, appealable to the board.

The board also approved staff recommendations to streamline temporary approvals for green/“farmers” markets — moving back to the 2008 approach so that recurring green markets can be handled as an annual temporary-use approval (or special permit) rather than always requiring a full site-plan review. That change is intended to reduce cost and time for markets that occupy private parking areas on a recurring basis.

Ending: staff said it will draft proposed changes to the waivers/variance process and will return for board discussion; the board approved the townhouse amendments and asked for a follow-up to address how the ULDC and administrative processes can better serve both innovation and neighbor protections.