Commission approves rezoning for 5400 North Flagler Drive; development rules and waivers adopted

The City Commission voted unanimously Oct. 27 to rezone approximately 3.011 acres at 5400 North Flagler Drive from MF‑32 (multifamily high density) to Residential Planned Development (RPD) and to adopt development regulations and waivers for the site.

Applicant Ken Toomey of Urban Design Studio presented a revised plan that includes new “active uses” (a cycle club and a dog spa) along the frontage and a landscaping/hardscape plan. City staff recommended approval of the rezoning and some waivers but said they continued to oppose a specific setback waiver related to height (waiver number 3), which would affect required rear setbacks.

Luis (engineer/planner, Development Services) told commissioners staff had worked with the applicant on frontage activation but remained concerned about the requested setback encroachment and its relation to overall height and adjacent property protections. Public comment came from nearby resident Jeff Edelson (5600 N. Flagler Dr.), who urged stricter construction‑management controls, narrower construction hours (he suggested 8 a.m. to 6 p.m.) and stronger dust and debris controls to limit impacts on nearby residents.

Commissioners debated conditions, site visits and protections for neighboring properties; Commissioner Ward noted the prior approval of a related first reading that established the RPD and emphasized transparency about the height allowance in the North Flagler overlay. After deliberation, the commission approved the rezoning ordinance (5144‑25) and adopted resolution 216‑25, which establishes the development regulations, waivers and conditions for the RPD.

The motions and votes were recorded as unanimous on voice votes. Staff will continue to monitor construction management plans and enforce conditions addressing noise, dust and public safety during construction.