The City Commission on Monday approved Ordinance No. 5144‑25 to rezone approximately 3.011 acres at 5400 North Flagler Drive from MF‑32 to a Residential Planned Development (RPD), clearing the way for a proposed 31‑story residential tower and podium parking structure. The rezoning passed on a unanimous vote, but staff and the planning board flagged outstanding issues in the separate development regulation and waiver review.

Ken Tooma, the project’s urban design lead, told commissioners the proposal from developer Great Gulf would replace the existing Poinciana apartments with a 360‑foot, 31‑story tower containing 97 units, with parking wrapped into a podium and an exterior circular access ramp. "The proposal that is in front of you this evening is a very collaborative effort…we did receive your planning board recommendation of approval on a unanimous vote," Tooma said, noting a large community outreach effort and endorsements from some neighborhood organizations.

The design team said the building would include podium parking on the lower levels, a receiving/arrival floor at the third level, residential floors above, two rear townhomes, and a rooftop mechanical allowance; the design also includes a pickleball court on a podium level and a 12‑foot shaded sidewalk along North Flagler. The team explained they planned auger (drilled) piling to minimize vibration during construction and described landscaping, stormwater retention, and a proposed on‑site exfiltration system.

But city staff raised major concerns about waiver requests tied to the building’s height and reduced lateral setbacks. Luis Vicentini, senior planner, told the commission staff supported the rezoning but recommended denying Waiver No. 3 — a substantial reduction in required setbacks driven by the proposed 360‑foot tower height — because staff found the tower’s bulk and visibility would not be sufficiently mitigated by the proposed setbacks and could be inconsistent with the neighborhood’s scale. Staff supported the other waiver requests (acreage waiver, submerged‑land density calculation and access separation reductions) and asked the applicant to refine active frontage and pedestrian activation along Flagler.

The applicant said it had worked with neighborhood groups including Northwood Harbor Association and the Chamber of Commerce and submitted revised active‑use treatments (bike club, dog spa) for the Flagler frontage after the Planning Board review. Several nearby residents of the Palm Beach House condo spoke in opposition, citing concerns about view loss, construction noise and dust, vibration and potential asbestos removal during demolition, and possible impacts to existing below‑grade utilities.

Commissioners approved only the rezoning this night; the development regulations and the waiver package (Resolution No. 216‑25) remain under review and will return to the commission for final action. The rezoning approval does not automatically grant the large setback waiver staff opposed; staff emphasized the distinction between rezoning (zoning map change) and approvals of site‑level waivers and development regulations.