Commissioners approve Nash Trail rezoning and Class A conditional use for 53 townhomes after debate over berms, trees and workforce‑housing exchange

Palm Beach County commissioners voted 6-0 to rezone a 7.57‑acre site (ZCA 202401593, “Nash Trail”) from Residential Estate (RE) to Single‑Family Residential (RS) and to grant a Class A conditional use allowing 53 fee‑simple townhomes.

Erin Lees, planning staff, presented the application and described the proposed site plan: 53 townhomes (a density of 7 dwelling units per acre), tree preservation areas, a tot lot, dry detention areas and 183 parking spaces (staff noted the code requirement was 106 spaces). Lees told the board the developer would preserve 254 on‑site trees and hosted four neighborhood meetings to address concerns about privacy, traffic and safety. The applicant committed to additional buffering, guest parking, a speed table on 50 Second Drive South (subject to county review) and to work with neighbors on fencing and wall treatments.

A principal point of contention was landscaping grading and the western buffer. Residents and several commissioners pressed for a 3‑foot berm and a continuous 6‑foot concrete wall along the west property line to reduce flooding, provide storm protection and enhance privacy. The developer proposed a 1‑foot berm located within 3 feet of the property line for stormwater management and said a 3‑foot berm would require moving the berm 10 feet from the property line, bring in significant fill and heavy machinery that would likely damage root zones of native slash pines that the applicant proposed to preserve.

Tim Haines of Environmental Resources Management (IRM) testified that burying critical root zones of slash pines is highly damaging and that lighter fencing (6‑foot SimTech panels) can often be installed with less disturbance than a poured concrete wall. The developer’s representative, Greg Pettibon of Lennar Homes, said the company was willing to construct a concrete wall along as much of the west property line as feasible but asked to retain the flexibility to transition to SimTech panels where large trees must be preserved.

Commissioners pressed staff and the applicant on tree mitigation accounting and civil plans. County staff said the tree survey and mitigation plan in the backup material shows 612 trees on the site with 234 preserved in place and 327 identified for mitigation (relocation or replacement), and that civil drawings, landscape plans and tree‑protection plans would be submitted at the development review‑order (DRO) stage. Staff added conditions requiring the applicant to submit civil drawings and tree‑protection measures at DRO so the county can evaluate whether a larger berm is possible without sacrificing preserved trees.

Neighbors also raised drainage and road impacts. Staff added engineering conditions requiring the property owner to repair damage to 50 Second Drive South caused by construction vehicles and prohibiting construction parking in the road right‑of‑way. The applicant agreed to provide a water‑utilities stub near the north emergency access to facilitate neighbor connections.

Commissioner John Flores moved to approve the rezoning and Class A conditional use with modifications to the west‑property perimeter condition (including evaluation of the concrete wall location in coordination with tree preservation at DRO); Commissioner Sachs seconded. The motion passed 6-0.

Speakers quoted or paraphrased in this article appear in the public transcript and include planning staff Erin Lees; IRM’s Tim Haines; Lennar representative Greg Pettibon; and residents Robert Palahunik, Michael Gordon and Walter Ross.