ACM 22281 Ordinance No 4824 19

City Commission Agenda Cover Memorandum
Originating Department: Meeting Type: Advertised: ACM#:

Planning & Zoning (PZ) Regular Required?: Yes No 22281
Agenda Date:
01/28/2019
Subject:
Public Hearing and First Reading of Ordinance No. 4824-19: A rezoning from a Professional
Office Residential (POR) zoning designation to a Multifamily High Density (MF32) Residential
zoning designation.
Public Hearing and First Reading of Ordinance No. 4825-19: A rezoning from a Multifamily
High Density (MF32) Residential zoning designation to a Residential Planned Development
(RPD) zoning designation, including a RPD acreage waiver, to create the 1309 South Flagler
Drive RPD.
Discussion of Resolution No. 13-19: The establishment of the development regulations,

including waivers, for the 1309 South Flagler Drive RPD, a 24-story, 42-unit residential tower.
A request by Joe Verdone of Carlton Fields, on behalf of Flagler Residential, LLC for property
generally located at 1309 South Flagler Drive.
Ordinance/Resolution:
Ordinance No. 4824-19: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WEST PALM BEACH, FLORIDA, AMENDING THE ZONING MAP OF THE CITY
OF WEST PALM BEACH BY REZONING APPROXIMATELY 1.346 ACRES
LOCATED GENERALLY AT 1309 SOUTH FLAGLER DRIVE FROM A
PROFESSIONAL OFFICE RESIDENTIAL ZONING DESIGNATION TO A
MULTIFAMILY HIGH DENSITY RESIDENTIAL ZONING DESIGNATION;
DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE
COMPREHENSIVE PLAN OF THE CITY; REVISING THE ZONING MAP OF THE
CITY ACCORDINGLY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Ordinance No. 4825-19: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY

OF WEST PALM BEACH, FLORIDA, AMENDING THE ZONING MAP OF THE CITY
OF WEST PALM BEACH BY REZONING APPROXIMATELY 1.346 ACRES
LOCATED GENERALLY AT 1309 SOUTH FLAGLER DRIVE FROM A
MULTIFAMILY HIGH DENSITY RESIDENTIAL ZONING DESIGNATION TO A
RESIDENTIAL PLANNED DEVELOPMENT ZONING DESIGNATION, WITH AN
AGENDA COVER MEMORANDUM Page 2
C.M. #________ Date:__________
ACREAGE WAIVER, TO CREATE THE 1309 SOUTH FLAGLER DRIVE

RESIDENTIAL PLANNED DEVELOPMENT; PROVIDING FOR THE
ESTABLISHMENT OF DEVELOPMENT REGULATIONS BY SEPARATE
RESOLUTION; DECLARING THIS ZONING MAP AMENDMENT TO BE
CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; REVISING THE
ZONING MAP OF THE CITY ACCORDINGLY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
Resolution No. 13-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY

OF WEST PALM BEACH, FLORIDA, ESTABLISHING THE DEVELOPMENT
REGULATIONS, INCLUDING THE SITE AND LANDSCAPE PLANS AND BUILDING
ELEVATIONS, FOR THE 1309 SOUTH FLAGLER DRIVE PLANNED
DEVELOPMENT LOCATED AT 1309 SOUTH FLAGLER DRIVE; GRANTING
WAIVERS TO THE ZONING AND LAND DEVELOPMENT REGULATIONS;
DECLARING THIS AMENDMENT CONSISTENT WITH THE COMPREHENSIVE
PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Staff Recommended Motion:
APPROVE Ordinance No. 4824-19, a rezoning from a Professional Office Residential (POR)
zoning designation to a Multifamily High Density (MF32) Residential zoning designation. This
motion is based upon the factual testimony presented, the application submitted, the staff report,
the Planning Board recommendation, and the findings that the amendment is consistent with the
Comprehensive Plan and complies with the standards found in Section 94-32 of the City’s
Zoning and Land Development Regulations.
APPROVE Ordinance No. 4825-19, a rezoning from a Multifamily High Density (MF32)
Residential zoning designation to a Residential Planned Development (RPD) zoning designation,
including a RPD acreage waiver, to create the 1309 South Flagler Drive RPD. This motion is
based upon the factual testimony presented, the application submitted, the staff report, the
Planning Board recommendation, and the findings that the amendment is consistent with the
Comprehensive Plan and complies with the standards found in Section 94-32 of the City’s
Zoning and Land Development Regulations. The City Commission further finds that particular
circumstances justify the reduction of the planned development acreage to less than 10 acres and
that the requirements for the planned development district zoning and the benefits to be derived
from the planned development district zoning can be derived in such lesser area.
DISCUSS Resolution No. 13-19.
Background:
STANDARDS: The Planning Division has determined that the rezoning from a POR zoning
designation to a MF32 zoning designation meets all eight (8) of the required amendment
standards found in Section 94-32 of the City of West Palm Beach Zoning and Land Development
Regulations.
The Planning Division has determined that the rezoning from a MF32 zoning designation to a
C.M. #________ Date:__________
Residential Planned Development (RPD) zoning designation, including a RPD acreage waiver,
to create the 1309 South Flagler Drive RPD meets all eight (8) of the required amendment
standards found in Section 94-32 of the City of West Palm Beach Zoning and Land Development
Regulations.
Compliance with all of the above-referenced standards for both requests is detailed in
Attachment 1 - Planning Board Staff Report.
PLANNING BOARD: The Planning Board recommended approval (5-0), with conditions, of the
Major Planned Development Amendment requests to the City Commission after a Public
Hearing on November 28, 2018.
ANALYSIS: The applicant owns the parcels at 1309 and 1311 South Flagler Drive and has the
parcel at 134 Acacia Road under contract. All three parcels currently have a Multifamily (MF)
Future Land Use designation and are zoned Professional Office Residential (POR). The
applicant is requesting to rezone all three of the parcels to a Multifamily High Density (MF32)
Residential designation, with a further rezoning to establish the 1309 South Flagler Drive
Residential Planned Development (RPD). The MF32 and RPD zoning designations are
permitted within the MF Future Land Use category.
The parcel at 1309 South Flagler Drive contains a one story office building. The parcel at 1311
South Flagler Drive is vacant and includes submerged lands. The parcel at 134 Acacia Road
contains a parking lot, which staff has not found evidence is required parking for any building.
The total acreage of the three parcels is 1.346 acres. Since the site contains less than 10 acres,
the application requires an acreage waiver. The Planning Board recommended approval of the
acreage waiver.
Waiver #1 - Section 94-207(c)(2) Required RPD acreage - 10 acres required, 1.346 acres
requested.
The existing site contains 1.281 upland acres and 0.065 acres of submerged lands. The applicant
is requesting to construct a residential tower on the site. The site is located east of Interstate 95
where it is difficult to accumulate 10 acres of land to develop as one project. The City has
granted this waiver for the majority of the requests to rezone a property to a planned
development east of Interstate 95. Staff does not object to this waiver request.
PROPOSED BUILDING:
The applicant is proposing to redevelop all three parcels for a 24-story residential tower
containing 42 luxury condominiums. The lower three stories of the building are lobby and
amenities, with 21-stories residential stories with two units per floor. There are two levels of
parking, one of which is fully below grade and one which is partially below grade.
Due to the lot being wider on Currie Crescent (west frontage) than on Flagler Drive (east
frontage) the tower is positioned on the western portion of the site. Residential towers
established as RPDs are required to follow the development standards of the MF32 zoning
C.M. #________ Date:__________
district. Since the site has frontage on both South Flagler Drive and Currie Crescent, a 25 foot
front setback is required from both rights-of-way. The setback from South Flagler Drive exceeds
this minimum; however, the tower does not meet the minimum 25 foot setback from Currie
Crescent, so the applicant is requesting a front setback waiver. The proposed tower is 300 feet in
height to the roof deck, with an additional 30 feet of mechanical equipment rooms above the roof
deck. Since the building height exceeds 40 feet, one foot of setback is required for each two feet
in height from the north and south sides of the property. For the proposed 300 foot tall building,
a 150 foot setback is required. Since the property is 186 feet wide at its widest point, the
applicant has requested side setback waivers. The setback waivers are organized by floor and
the specific side setback so that the building has a consistent building envelope if there is any
redesign in the future. The setback waivers are taken to the closest point, but since the building
is being designed in a curvilinear fashion, a redesign of the building may not exceed the building
envelope shown on the site plans and elevations without the approval of a revised site plan
through the major planned development process.
Waiver #2 - Section 94-77(a)(2)a Front setback (Currie Crescent) – 25 feet required, see Setback
Waiver in Resolution No. 13-19 Table for requests.
As previously stated, the parcel is a double frontage lot. The eastern half of the parcel is
narrower than the western half of the parcel. The applicant has proposed a site plan that utilizes
the wider part of the lot for the placement of the building, which results in portions of the
building not being the required 25 feet from Currie Crescent. Currie Crescent has historically
been treated as the back of house for the properties both fronting South Flagler Drive and South
Olive Avenue. While the design of the building continues to use Currie Crescent for the back of
house uses, the applicant has incorporated right-of-way plantings, landscaped screen walls,
architectural features and direct resident pedestrian access to mitigate the reduced setback
request. Staff does not object to this waiver request.
Waiver #3 - Section 94-77(a)(3) Height/setback (sides) – 150 feet required, see Setback Waiver
Table in Resolution No. 13-19 for requests.
As previously stated, the applicant is proposing to construct a new building that is 300 feet tall,
which requires each side to have a setback of 150 feet. The applicant recognizes that the setback
waiver request for the proposed building is large in relation to the required setbacks, so the
applicant is incorporating a number of features into the project that provide a benefit to area
residents, such as the reconstruction of Acacia Road, constructing a public open space along
South Flagler Drive, contributing funds for the installation of a decorative crosswalk with
warning flasher across South Flagler Drive, and participating in the transit contribution program.
The applicant is also incorporating sustainability features such as a LEED building and
pre-wiring the parking area for electric vehicle charging stations. The applicant states in the
Justification Statement that the curvilinear design of the building reduces the visual impact on
the surrounding properties, even with the reduced setbacks. The immediate properties to the side
of the proposed building are a parking lot, an office building, a dentist office with separate rental
apartments and Palm Beach Atlantic University dormitories. The landscape plans include heavy
plantings to screen the building from these properties. Staff does not object to this waiver
request.
C.M. #________ Date:__________
The building has 42 units, which meets the density allowance of 32 units per acre (both upland
and submerged lands used). The building includes two guest suites that do not include kitchens
and may not be as additional units. The two parking levels are accessible via the valet service or
through self-parking. The building requires 89 parking spaces per the ZLDR requirements;
however 133 parking spaces are being provided. The additional parking spaces include 25
dedicated valet parking spaces, parking for two town cars and five parking spaces for permanent
building staff. A secure bicycle parking room is being supplied for the residents and bicycle
parking for employees is also provided.
Exterior Site Features
As previously mentioned, the perimeter of the site is heavily landscaped with a combination
trees and palms. The entrance to the site is from South Flagler Drive via a separated driveway.
The entry and exit lanes are separated by a landscaped water feature. In order to keep the
entryway from being a barrier to pedestrians utilizing the sidewalk on the west side of South
Flagler Drive, staff required that the ingress and egress drives be separated by a protected
pedestrian refuge area. The sidewalks in front of the project are also being widened to eight feet
in width as part of the City’s goal of improving the walkability of South Flagler Drive. The
applicant will need to provide for an easement as the additional sidewalk with is on the project
site.
As part of the public improvements to offset the waiver requests, the applicant is installing a
public open space with a fountain and seating area along South Flagler Drive. This area will be
open to the public and maintained by the project’s Homeowner’s Association. Additional site
features that the applicant is providing for its residents are a dog walk area, a landscaped "art
walk" sculpture walk leading to South Flagler Drive and walkways leading to the rebuilt Acacia
Road and Currie Crescent. Street trees are being installed on Currie Crescent.
As previously mentioned, Currie Crescent is the location of the back of house elements for the
building, such as the garbage collection area, the loading area, and the mechanical equipment.
The City’s Sanitation Division has established a procedure for garbage staging and pick-up that
is included in the development regulations. The applicant is screening the mechanical areas with
six foot high fences that have hedges in front of them. Since Currie Crescent is a front property
line, the ZLDR only permit the fences to be four feet in height. The applicant is requesting to
install six foot high fences.
Waiver #4 - Section 94-302(b)(1) Fence Height (front yard) – maximum 4 foot tall permitted,
maximum 6 foot tall requested.
The applicant wishes to provide screening and security for the back of house area of the
building. This includes the mechanical equipment areas as well as the loading and garbage
holding area. The applicant is proposing to screen the fences with hedges that will exceed six
feet. The gate will be a solid material. Staff does not object to this request.
The Currie Crescent frontage includes two vehicular access points. One is for the loading area
C.M. #________ Date:__________
for tenant move in, large deliveries, etc. Due to space constraints on the site, the applicant is
requesting a waiver from the requirement that all vehicle maneuvering be performed on-site.
The second vehicular access point is for secondary egress from the main entry drive as well as to
provide access to the transformer vault. The ZLDR only permit one access point on Currie
Crescent and even if multiple access points were permitted, they are required to be a minimum of
125 feet apart. The applicant is requesting waivers from both of these requirements.
Waiver #5 - Section 94-485(j)(1) Loading Space Ingress/Egress – Backing onto street not
permitted, Requesting to use Currie Crescent for maneuvering.
City staff reviewed this request based on the usage of Currie Crescent. As previously stated, it is
used similar to an alley for back of house purposes such as garbage and recycling collection and
includes some on-street parking spaces. Due to its configuration and the surrounding uses, this
portion of Currie Crescent does not have a heavy traffic volume and would not be negatively
impacted by the use of the roadway for maneuvering into and out of the loading area. The City
Traffic Engineer is requiring a deliver management plan to ensure that there are no negative
issues with using Currie Crescent for maneuvering. Staff does not object to this request.
Waiver #6 - Section 94-312(1)a. Number of Access Points – One permitted, Two requested.
The applicant was unable to incorporate the uses of access by both access points into one unified
access points due to the constraints of the site, so they are requesting two access points. The
current properties have two access points to Currie Crescent, so the request does not increase the
existing conditions. While staff would prefer to see only one access point to minimize vehicle
and pedestrian conflicts, it is not anticipated that the access points will see heavy usage, so
conflicts should be minimal. This development will complete the missing sidewalk network,
including shade trees and removing the above ground utility lines adjacent to the project. Staff
does not object to this request.
Waiver #7 - Section 94-312(2)a. Separation of Access Points – Minimum 125 feet required, 69
feet requested.
The current two access points are only 29 feet apart at the sidewalk. The proposed driveways are
60 feet apart. While this does not meet the minimum requirement, it lessens the existing
non-conformity. Staff does not object to this request.
The grade of the development site at Currie Crescent is approximately six feet higher than the
grade of the site at South Flagler Drive. In order to create a level development base for the
building, the upper parking level is partially below grade (Currie Crescent side) and partially
above grade (South Flagler Drive side). The entry drive from South Flagler Drive slopes up to
the ground floor lobby over the eastern extent of the upper parking level, which requires a series
of retaining walls. The retaining walls primarily face the side property lines at varying distances
from the property lines. The retaining walls along the north and east property lines (excluding
along Acacia Road) have a two foot tall retaining wall at the property line, with a taller retaining
wall set back behind the landscape buffer. The retaining walls along the Acacia Road portion of
the north property line are set back off of the property line and screened with landscape. The
C.M. #________ Date:__________
eastern portion of the south property line has a retaining wall at the property line which is
approximately five feet in height at its furthest east point. The wall height at the property line
lowers as the adjoining property slopes up toward the western property line. The landscape is
installed on the filled area on the interior side of the retaining wall. Additional walls are placed
behind the landscape.
Waiver #8 - Section 94-302(b)(1) Fence Height (side yard) – maximum 6 foot tall permitted,
varies (maximum 14 foot tall) requested.
The system of retaining walls exceed six feet in height within the setbacks so a wall height
waiver is required. The highest walls are located around the interior corner adjacent to the
residential apartments. There is landscape screening being installed to buffer the wall height.
Staff is recommending that no wall be permitted to be taller than six feet within three feet of the
property line since that would not provide sufficient depth to provide a landscape buffer to
screen the wall from the adjoining property. Based on the heavy landscape being used to screen
the retaining walls, staff does not object to this request.
Acacia Road
The applicant is proposing to rebuild a portion of Acacia Road, between Currie Cresent and
Flagler Drive, to provide public benefit mitigation as part of their request for the height/setback
waiver. This portion of Acacia Road is a 15 foot wide right-of-way that which is designated for
pedestrian use. Over time, the pedestrian connection fell into disrepair and no longer serves its
intended purpose. The applicant will be rebuilding the underground utility infrastructure, to
include burying the existing overhead utility lines, installing a pervious paver walkway, and add
landscape. The lighted, paver pathway will vary between seven and ten feet in width. Due to
the underground utilities, the applicant will be installing triple trunk Roebelinii palms in above
ground planters along the pathway to provide canopy within the walkway. The planters will be
interspersed with planting beds containing ground cover and shrubs. Additional shading will be
provided by some existing palm trees which will remain in the right-of-way and the Gumbo
Limbo trees being planted in the 1309 South Flagler Drive buffer. Artwork, as required by the
AiPP ordinance may be installed along this walkway.
The buried electrical lines require the installation of above ground transformer boxes and switch
boxes. The switch boxes are being installed on the 1309 South Flagler Drive property. The
transformers, which serve the adjoining properties, are being installed within Acacia Road. At
such time as the properties serviced by the transformers are redeveloped, staff will be requiring
these items to be moved out of Acacia Road and onto private property.
The 1309 South Flagler Drive Homeowners Association will be responsible for maintaining the
landscape within Acacia Road, to include the irrigation, and moving the planters if the City
needs to work in the right-of-way. The Homeowner’s Association will also be required to
maintain the pavers and the pedestrian lighting and to pay to for the electricity for the lights.
NOTICE: Individual notices were mailed to all property owners within 500 feet of the site.
Signs for the Major Amendment were posted on the property on November 12, 2018.
C.M. #________ Date:__________
COMMISSION DISTRICT: The subject property is located within Commission District No. 3 –
Commissioner Paula Ryan.
Fiscal Note
Current Year: Annualized: Budgeted: Unbudgeted: Funding Source:
Comment: No fiscal impact.
Electronic Attachments: Click here for assistance with naming convention.
Is this ACM related to a Grant? Yes No
Is this ACM related to Housing? Yes No
Originating Department - Approved by: Angella Jones-Vann on 01/17/2019
01/17/2019 City Attorney's Department
01/17/2019 Asst. City Administrator
Return to Agenda
ORDINANCE NO. 4824-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM

BEACH, FLORIDA, AMENDING THE ZONING MAP OF THE CITY OF WEST PALM
BEACH BY REZONING APPROXIMATELY 1.346 ACRES LOCATED GENERALLY
AT 1309 SOUTH FLAGLER DRIVE FROM A PROFESSIONAL OFFICE
RESIDENTIAL ZONING DESIGNATION TO A MULTIFAMILY HIGH DENSITY
RESIDENTIAL ZONING DESIGNATION; DECLARING THIS ZONING MAP
AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE
CITY; REVISING THE ZONING MAP OF THE CITY ACCORDINGLY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
* * * * * * *
WHEREAS, Joe Verdone of Carlton Fields, on behalf of Flagler Residential, LLC, has
submitted an application for a rezoning from Professional Office Residential (POR) to
Multifamily High Density (MF32) Residential; and
WHEREAS, the rezoning is consistent with the Comprehensive Plan and the criteria and
standards provided in Section 94-32 of the City’s Zoning and Land Development Regulations;
and
WHEREAS, the Planning Board recommended approval (5-0) of this request to the City
Commission after a Public Hearing on November 28, 2018; and
WHEREAS, the Public Hearing was advertised in the Palm Beach Post, with proof of
publication housed in the Planning Division, along with evidence that individual notices of the
Public Hearing were mailed to all property owners within 500 feet of the subject property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY

OF WEST PALM BEACH, FLORIDA, that:
SECTION 1: The City Commission hereby finds and determines that the amendment to
the Zoning Map of the City of West Palm Beach, Florida, described in this
Ordinance, is consistent with the Comprehensive Plan of the City.
SECTION 2: The City Commission hereby finds and determines that the Zoning Map
amendment is consistent with the standards established in Section 94-32 of the
A. Consistency with Comprehensive Plan - The rezoning is consistent with all

elements of the Comprehensive Plan. The Multifamily High Density (MF32)
Residential is a zoning category permitted within the Multifamily (MF) Future
Land Use designation.
B. Changed Conditions - The three parcels included in this application include a

one-story office building, a vacant lot and a parking lot. These three parcels
are underutilized based on the Multifamily Future Land Use which permits up
1
to 32 dwelling units per acre. While the Professional Office Residential

(POR) zoning permits both multifamily and office uses, the properties with an
MF Future Land Use along this section of South Flagler Drive are primarily
developed with multifamily residential development, not office development.
The conversion of this parcel from POR, which permits 14 dwelling units per
acre, to MF32, which permits 32 dwelling units per acre, permits multifamily
residential development in accordance with the MF Future Land Use
maximum.
C. Consistency with Land Development Code - Rezoning the site from POR to
MF32 is in compliance with the City Development Code.
D. Consistency with Use - The MF32 zoning is consistent with the other
residential projects in the area and it is not inconsistent with the neighboring
office properties, the churches or Palm Beach Atlantic University.
E. Capacity of Public Facilities - The rezoning from POR to MF32 will not
result in the capacity of public facilities to be exceeded.
F. Natural Resources - The three parcels contain an office building with a

parking lot, a parking lot and a vacant parcel that is mostly devoid of
landscape. Redevelopment of the site will improve the natural environment.
G. Property Values - The rezoning of the site from POR to MF32 to permit
future development should not adversely affect property values in the area.
H. Logical Development Pattern - The rezoning of the site to MF32 follows the
development pattern of multifamily residential development in the area.
SECTION 3: The Zoning Map of the City of West Palm Beach, Florida, is hereby
amended by changing approximately 1.346 acres of real property located
generally at 1309 South Flagler Drive from a Professional Office Residential
(POR) zoning designation to a Multifamily High Density (MF32) Residential
zoning designation as legally described in EXHIBIT A and shown on the
boundary map in EXHIBIT B.
SECTION 4: This Ordinance shall take effect in accordance with law.
2
EXHIBIT A
Legal Description
3
EXHIBIT A (cont.)
Legal Description
4
EXHIBIT B
Rezoning Boundary Map
Rezoning Boundary outlined in black.
5
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM

BEACH, FLORIDA, AMENDING THE ZONING MAP OF THE CITY OF WEST PALM
BEACH BY REZONING APPROXIMATELY 1.346 ACRES LOCATED GENERALLY
AT 1309 SOUTH FLAGLER DRIVE FROM A MULTIFAMILY HIGH DENSITY
RESIDENTIAL ZONING DESIGNATION TO A RESIDENTIAL PLANNED
DEVELOPMENT ZONING DESIGNATION, WITH AN ACREAGE WAIVER, TO
CREATE THE 1309 SOUTH FLAGLER DRIVE RESIDENTIAL PLANNED
DEVELOPMENT; PROVIDING FOR THE ESTABLISHMENT OF DEVELOPMENT
REGULATIONS BY SEPARATE RESOLUTION; DECLARING THIS ZONING MAP
AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE
CITY; REVISING THE ZONING MAP OF THE CITY ACCORDINGLY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
* * * * * * *
WHEREAS, Joe Verdone of Carlton Fields, on behalf of Flagler Residential, LLC, has
submitted an application for a rezoning from a Multifamily High Density (MF32) Residential
zoning designation to a Residential Planned Development (RPD) zoning designation, including a
RPD acreage waiver, to create the 1309 South Flagler Drive RPD; and
WHEREAS, the rezoning is consistent with the Comprehensive Plan and the criteria and
standards provided in Section 94-32 of the City’s Zoning and Land Development Regulations;
and
WHEREAS, the Planning Board found that particular circumstances justify the reduction
of the planned development acreage to less than ten (10) acres and that the requirements for the
planned development district zoning and the benefits to be derived from the planned
development district zoning can be derived in such lesser area and recommended approval (5-0)
of this request to the City Commission after a Public Hearing on November 28, 2018; and
WHEREAS, the development regulations, including site and landscape plans, building
elevations and waivers, for the 1309 South Flagler Drive RPD will be established in Resolution
No. 13-19; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY

SECTION 1: The City Commission hereby finds and determines that the amendment to
the Zoning Map of the City of West Palm Beach, Florida, described in this
Ordinance, is consistent with the Comprehensive Plan of the City.
1
RESOLUTION NO. 13-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM

BEACH, FLORIDA, ESTABLISHING THE DEVELOPMENT REGULATIONS,
INCLUDING THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS,
FOR THE 1309 SOUTH FLAGLER DRIVE PLANNED DEVELOPMENT LOCATED
AT 1309 SOUTH FLAGLER DRIVE; GRANTING WAIVERS TO THE ZONING AND
LAND DEVELOPMENT REGULATIONS; DECLARING THIS AMENDMENT
CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
* * * * * *
WHEREAS, the City Commission adopted Ordinance No. 4824-19, approving a request
by Joe Verdone of Carlton Fields, on behalf of Flagler Residential, LLC, for a rezoning from
Multifamily High Density (MF32) Residential to Residential Planned Development (RPD) to
create the approximately 1.346 acre 1309 South Flagler Drive RPD at 1309 South Flagler Drive;
and
WHEREAS, Ordinance No. 4825-19 requires that the development regulations, including
site and landscape plans, building elevations and waivers, for the 1309 South Flagler Drive RPD
be established in a separate Resolution;
WHEREAS, the development regulations contained herein are consistent with the
Comprehensive Plan and the criteria and standards provided in Section 94-32 of the City’s
Zoning and Land Development Regulations; and
WHEREAS, the Planning Board recommended approval (5-0) of the development

regulations to the City Commission after a Public Hearing on November 28, 2018; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY

SECTION 1: The City Commission hereby finds and determines that the development
regulations described herein are consistent with the Comprehensive Plan of the
City adopted pursuant to Sections 163.3161, et seq., Florida Statutes.
SECTION 2: The City Commission hereby finds and determines that the particular
circumstances justify the reduction of the planned development acreage to less
than ten (10) acres and that the requirements for the planned development district
zoning and the benefits to be derived from the planned development district
zoning can be derived in such lesser area.
1
EXHIBIT B
Architectural Plan
Exhibit B page 1
EXHIBIT C
Landscape Plan
Exhibit C page 1
Exhibit C page 2
Exhibit C page 3
Exhibit C page 4
Exhibit C page 5
Exhibit C page 6
Exhibit C page 7
Exhibit C page 8
Exhibit C page 9
Exhibit C page 10
Exhibit C page 11
Exhibit B page 2
Exhibit B page 3
Exhibit B page 4
Exhibit B page 5
Exhibit B page 6
Exhibit B page 7
Exhibit B page 8
Exhibit B page 9
Exhibit B page 10
Exhibit B page 11
Exhibit B page 12
Exhibit B page 13
SECTION 3: The City Commission hereby finds and determines that the neighborhood
has long desired a pedestrian walkway from Currie Crescent to Flagler Drive; that
as residential development continues in the neighborhood, more residents will
seek a safe and convenient walkway to Flagler Drive; that the residents of the
development at 1309 So. Flagler Drive will also benefit from and use such
walkway; and, to the extent public art is also provided along the walkway, the
general welfare of the community will benefit.
SECTION 4: The City Commission hereby grants the following waivers from certain
requirements of the Zoning and Land Development Regulations for the 1309
South Flagler Drive RPD. The Setback Waiver Table is included as EXHIBIT
A.
a. Waiver from the requirement of Section 94-77(a)(2)a Front setback (Currie

Crescent) to permit reduced setbacks as listed on the Setback Waiver Table
b. Waiver from the requirement of Section 94-77(a)(3) Height/setback to permit
reduced setbacks as listed on the Setback Waiver Table
c. Waiver from the requirement of Section 94-302(b)(1) Fence Height (front yard) to
permit a six foot tall fence along Currie Crescent
d. Waiver from the requirement of Section 94-302(b)(1) Fence Height (side yard) to
permit walls within the side setback up to 14 feet in height
e. Waiver from the requirement of 94-312(1)a Number of Access Points to allow two
access points onto Currie Crescent
f. Waiver from the requirement of 94-312(1)b Separation of Access Points to allow 69
feet between the two access points onto Currie Crescent
g. Waiver from the requirement of Section 94-485(j)(1) Loading Space Ingress/Egress
to permit the use of Currie Crescent for maneuvering
SECTION 5: The City Commission hereby finds and determines that the Major Planned
Development Amendment to establish development regulations for the 1309
South Flagler Drive RPD described in this Resolution complies with the standards
of Section 94-32 of the City’s Zoning and Land Development Regulations as
follows:
A. Consistency with Comprehensive Plan. The request is consistent with all

elements of the Comprehensive Plan.
B. Changed Conditions. The three parcels included in this application include a one-
story office building, a vacant lot and a parking lot. These three parcels are
underutilized. The RPD zoning allows the applicant to request waivers to allow the
redevelopment of smaller in-fill lots with residential towers, which in this particular
case caters to the residential market that is expanding in West Palm Beach.
C. Consistency with Land Development Code. The amendment is in conformance
with the Zoning and Land Development Regulations with the approval of the
waivers listed in Section 1.
2
D. Consistency with Use. The surrounding properties consist of two churches, Palm
Beach Atlantic University dorms, a dentist office with accessory apartments and an
office building. A residential tower is not inconsistent with these uses. The
specific design of the site with the landscape buffers and other public improvements
mitigate the waivers included for the design of the building.
E. Capacity of Public Facilities. The development of the site includes the
reconstruction of water and sewer lines, which will improve service in the area.
The project will be contributing to the City’s transportation demand mitigation
initiative. The Palm Beach County School Board has approved the school
concurrency application. The capacity of public facilities will not be negatively
impacted by the development.
F. Natural Resources. The three parcels contain an office building with a parking lot,
a parking lot and a vacant parcel that is mostly devoid of landscape. The proposed
site development includes landscape that will improve the existing natural
environment conditions.
G. Property Values. The redevelopment of the site with a new luxury residential
condominium should help property values by removing the underutilized properties
and potentially raising the value of the units in the area.
H. Logical Development Pattern. The RPD zoning follows the development pattern
of multifamily residential development in the area.
SECTION 6: The 1309 South Flagler Drive RPD is governed by the development
regulations listed below. Any items which are not included in the development
regulations shall be governed by the appropriate Multifamily High Density
(MF32) Residential zoning regulations.
1. Development Plans: The 1309 South Flagler Drive RPD shall be developed in
accordance with the following plans:
a. Architectural Plan - “S. Flagler Residences,” Sheets G0.01, A0.01, A0.B2, A0.B1,
A1.02 through A1.05, and Sheets A2.01B through A2.04B, prepared by
Arquitectonica, with last revision date of December 18, 2018, and received by the
Planning Division on December 14, 2018, and Sheet A1.01, prepared by
Arquitectonica, with last revision date of January 2, 2019, and received by the
Planning Division on January 7, 2019 (EXHIBIT B).
b. Landscape Plan - “S. Flagler Residences,” Sheets L1.01, L1.05, L2.01, L4.11, L4.13,
L9.01, L9.02 and L9.03, prepared by edsa, with last revision date of December 18,
2018, and received by the Planning Division on December 14, 2018, and Sheets
L4.01 and 4.12, prepared by edsa, with last revision date of January 2, 2019, and
received by the Planning Division on January 7, 2019 (EXHIBIT C).
c. Civil Plan – “S. Flagler Residences,” Sheets C5.00, C5.01, C6.00, C8.00 and C8.01,
prepared by Kimley-Horn, with last revision date of December 12, 1018, and received
3
by the Planning Division on the Planning Division on December 14, 2018 (EXHIBIT
D).
2. Building Permit: Prior to the submittal for the first building permit for site improvements:
a. Record a boundary plat for all of the parcels within the 1309 South Flagler Drive
Residential Planned Development.
b. Abandon the FPL easement along south property line relocate all lines relocated prior
to the building permit approval for any above ground improvements.
c. Submit a delivery management plan for the Currie Crescent entrance. The
management plan must address the following items:
- Only prescheduled deliveries will be allowed.
- Provide a means of prescheduling deliveries with property staff.
- Provide staffing plan for deliveries.
- Provide spotters for backing in of vehicles.
- Ensure that vehicles will not stop or stand on Currie Crescent sidewalk while waiting
for gate to open.
3. Tree Alteration Permit: Prior to the removal or relocation of any tress on the property, a
Tree Alteration Permit shall be submitted, reviewed and approved by the Planning
Division.
4. Certificate of Occupancy: Prior to the Certificate of Occupancy for the building the
developer must:
a. Provide signed and sealed engineer’s cost estimate for design and construction of a
Rapid Rectangular Flashing Beacon (RRFB) and decorative crosswalk on South
Flagler Drive (Location to be determined). Just north of Acacia is a potential location
as a mid-block refuge could be provided in the existing gored out median area.
b. Provide the contribution for the design and construction of a Rapid Rectangular
Flashing Beacon (RRFB) and decorative crosswalk on South Flagler Drive (Location
to be determined) based on the approved cost estimate. Just north of Acacia is a
potential location as a mid-block refuge could be provided in the existing gored out
median area.
c. Record maintenance and public access agreements acceptable to the City’s

Engineering Services Division and City Attorney’s Office for the public sidewalks
and public open space to be developed on site. By this Resolution, the City
Commission authorizes the Mayor to execute any required maintenance and public
access agreements.
d. Execute a maintenance agreement with the City ensuring that the developer, and
subsequently, the 1309 South Flagler Drive Homeowner’s Association will maintain
4
all improvements within the Acacia Road pedestrian walkway (“art walk”), including
pavers, planters, landscaping and art work (unless the in lieu provisions of paragraph
16 below become effective), as well as provide the electricity for the lighting and
irrigation for the landscape, and any other relevant provisions required by this
Resolution. The developer/HOA will be responsible for the costs of moving and
restoring the planters in the event the City must perform utility or other work within
the pedestrian walkway. By this Resolution, the City Commission authorizes the
Mayor to execute a Right-of-Way Maintenance Agreement with the developer.
e. Provide a one-time Transit Contribution Fee based on the number of parking spaces
provided above the minimum required by the Zoning and Land Development
Regulations.
f. Replace/relocate the water and sewer in Acacia Road in accordance with plans
approved by the Engineering Services Division.
g. Loop the new water main in Currie Crescent out to South Olive Avenue.
h. Repave Currie Crescent from Acacia Road south to South Olive Avenue.
i. All requirements of paragraph 16 have been complied with.
5. Plaza Valet Parking: The Plaza parking must be signed “Valet Only”.
6. Charging Stations: All of the parking spaces in the parking garage are to be pre-wired for
electric vehicle charging stations.
7. Mechanical Equipment Screening: All mechanical or other equipment shall be screened

from view of the surrounding properties. This includes screening the full height of the
generator.
8. Piling Installation: The project shall not use hydraulic hammers to set foundation piles. If
foundation piles are proposed they shall be augured, drilled, vibrated, or pressed into
place. Sheet pilling may be installed using vibrators, hydro jetting, or hydraulic jack
pressing equipment to stabilize the perimeter of the site to accommodate the excavation
and construction of the subgrade basement and retaining walls.
9. Condition Survey: The developer shall perform a “Condition Survey” of the adjoining
properties prior to the commencement of any construction or demolition activities. The
developer shall conform to the appropriate industry standards approved by the City’s
Construction Services Division in monitoring the vibration effects on the adjoining
properties; this may include, but is not limited to, the placement of seismic meters,
inspections, and similar activities.
5
10. Façade Treatment: All surfaces of the building’s exterior façade, to include glazing, shall
be designed or treated to minimize the impacts of glare and reflection of high intensity
light from the building’s facade onto surrounding properties.
11. Tandem Parking: The tandem parking spaces shall only be utilized for valet parking.
12. Garbage Pick-up: Garbage receptacles may be staged on the flat driveway area on the
exterior side of the gate on the 1309 South Flagler Drive RPD property on the scheduled
garbage pick-up day. It is the building maintenance personnel responsibility to ensure
that the garbage containers are in the staging area prior to the garbage pick-up. Within
one half hour of pick up, the building maintenance personnel must move the garbage
receptacles back behind the gate.
13. Guest Suites: The two guest suites may not contain full kitchen facilities and may not be
rented or sold as additional residences.
14. Perimeter Wall Height: No wall is permitted to be taller than six feet within three feet of
a side property line.
15. Sustainable Construction: The building must be constructed to a minimum LEED Silver,
or equivalent, standard.
16. Acacia Road Pedestrian Walkway/Artwalk. The pedestrian walkway which serves as the
Acacia Road right-of-way between Currie Crescent and So. Flagler Drive, will be
improved in accordance with the site plan included in the architectural plans attached as
Exhibit B. Such improvements shall include the rebuilding of the underground utility
infrastructure and the undergrounding of the existing overhead utility lines. A pervious
paver walkway and landscaping in planter beds and in above-ground planters, with
irrigation, shall be installed. Public artwork, as required by the AiPP ordinance, may be
installed along this walkway.
At developer’s cost, the City shall be provided with a title insurance policy insuring that
the Acacia Road pedestrian walkway is owned by or dedicated to the City of West Palm
Beach.
In the event that the pedestrian walkway cannot be constructed with the Acacia Road
right-of-way between Currie Crescent and So. Flagler Drive, the developer shall pay to
the City, prior to the issuance of a certificate of occupancy for the development, a sum in
an amount not less than $_________, intended to cover the costs to construct a similar
public space within the neighborhood, and to make the intended utility improvements. If
collected, such funds shall only be used to provide a public space in reasonable proximity
to the area and for the utility improvements, and the City shall utilize such funds for such
purposes as soon a reasonably possible. Such amount shall not include the costs of the
public art required by the AiPP ordinance.
6
17. Setback Waiver Measure: The setback waivers are granted for the closest point of the
listed portion of the building to the property line. However, since the building is being
designed in a curvilinear fashion, a redesign of the building may not exceed the building
envelope shown on the site plans and elevations without the approval of a revised site
plan through the major planned development process.
18. Commencement of Development: The new development approved hereby shall be

commenced within thirty-six (36) months of the date of the City Commission approval of
this Resolution. If such development is not commenced within said thirty-six (36) month
period, the development order shall automatically expire, all approvals including building
permits shall automatically expire and no further development orders shall be issued for
the development. The terms “commencement” and “development” are defined at Section
94-40 of the Code of Ordinances of the City of West Palm Beach, Florida.
If requested prior to the expiration of the thirty-six (36) month period described
previously, the Planning and Zoning Administrator is authorized to grant one (1)
extension of time for commencement of development upon a showing by the
Applicant/Owner that a good faith effort has been made to acquire a building permit and
to commence the construction of site improvements which have been prevented by
reasons beyond the control of the Applicant/Owner. No extension shall be granted by the
Planning and Zoning Administrator to exceed twenty-four (24) months from the date of
the expiration of the initial thirty-six (36) month commencement period. A denial of a
requested extension by the Planning and Zoning Administrator may be appealed by the
Applicant/Owner to the Zoning Board of Appeals.
SECTION 7: This Resolution shall take effect in accordance with law.
7
EXHIBIT A
Setback Waiver Table
Required front setback along Currie Crescent = 25 feet

Required side setback (300 foot tall building) = 150 feet to the north, south and east (side)
property lines
SETBACK WAIVER TABLE

Currie Cr. (front) North South East (side)
Upper Parking N/A 20 ft 4 in/ 28 ft 7 ft **
10 ft *
Ground Floor N/A 58 ft 6 in/ 43 ft 5 in/ 70 ft/
49 ft *** 34 ft *** 17 ft ***
Amenity Floors 21 ft 2 in 48 ft 33 ft 72 ft
2 and 3
Amenity Deck 15 ft 4 in 36 ft 10 in 21 ft 10 in 10 ft/50 ft ****
Floors 4 - 24 21 ft 2 in 48 ft 33 ft 47 ft 9 in
Balconies 21 ft 2 in 48 ft 33 ft 31 ft 1 in
* 20 feet 4 inches along Acacia Road, tapers to the inside property corner and then widens to
10 feet along the remainder of north property line
** Closest point is 7 feet at the inside property corner
*** Amenity deck support columns
**** Amenity deck columns
8
SECTION 2: The City Commission hereby finds and determines that the Zoning Map
amendment is consistent with the standards provided in Section 94-32 of the
A. Consistency with Comprehensive Plan - The rezoning is consistent with all

elements of the Comprehensive Plan. Residential Planned Development
(RPD) is a zoning category permitted within the Multifamily (MF) Future
Land Use designation. The proposed project will not exceed the MF
maximum of 32 dwelling units per acre.
B. Changed Conditions - The three parcels included in this application include a

one-story office building, a vacant lot and a parking lot. These three parcels
are underutilized. The MF32 zoning designation requires large setbacks for
the construction of condominium towers. While the construction of
residential towers is not new, the locational conditions have changed with
these towers being constructed on in-fill lots that do not have the width to
meet the required setbacks for tall buildings. The RPD zoning allows the
applicant to request waivers to allow the redevelopment of smaller in-fill lots
with residential towers, which in this particular case caters to the residential
market that is expanding in West Palm Beach.
C. Consistency with Land Development Code - The proposed RPD zoning is

consistent with the City of West Palm Beach’s Zoning and Land Development
Regulations if the City Commission approves the waiver to Section 94-
207(c)(2) Required RPD acreage to allow the RPD to contain less than ten0
(10) acres in area.
D. Consistency with Use – The RPD zoning is not inconsistent with the existing
uses in the area.
E. Capacity of Public Facilities - The RPD zoning will not result in the capacity
of public facilities to be exceeded.
F. Natural Resources – The three parcels contain an office building with a

parking lot, a parking lot and a vacant parcel that is mostly devoid of
landscape. Redevelopment of the site will improve the natural environment.
G. Property Values - The redevelopment of the site with a new luxury

residential condominium should help property values by removing the
underutilized properties and potentially raising the value of the units in the
area.
H. Logical Development Pattern - The RPD zoning follows the development

pattern of multifamily residential development in the area.
2
SECTION 3: The City Commission hereby finds that particular circumstances justify
the reduction of the planned development acreage to less than ten (10) acres and
that the requirements for the planned development district zoning and the benefits
to be derived from the planned development district zoning can be derived in such
lesser area.
SECTION 4: The Zoning Map of the City of West Palm Beach, Florida, is hereby
amended by changing approximately 1.346 acres of real property located
generally at 1309 South Flagler Drive from a Multifamily High Density (MF32)
Residential zoning designation to a Residential Planned Development (RPD)
zoning designation to create the 1309 South Flagler Drive RPD as legally
described in EXHIBIT A and shown on the boundary map in EXHIBIT B.
SECTION 5: The development regulations which govern the 1309 South Flagler Drive
RPD will be established in Resolution No. 13-19 and all future modifications of
the development regulations shall be by Resolution.
SECTION 6: If the development approved by Resolution No. 13-19 terminates or

expires, the rezoning granted herein becomes void and the property shall
automatically revert to a Multifamily High Density Residential zoning
designation. In such event, Staff is hereby directed and authorized to amend the
Zoning Map accordingly.
SECTION 7: This Ordinance shall take effect in accordance with law.
3
EXHIBIT A
Legal Description
4
EXHIBIT A (cont.)
Legal Description
5
EXHIBIT B
Rezoning Boundary Map
Rezoning Boundary outlined in black.
6
EXHIBIT D
Civil Plan
Exhibit D page 1
Exhibit D page 2
Exhibit D page 3
Exhibit D page 4
Exhibit D page 5
CITY OF WEST PALM BEACH PLANNING BOARD
Meeting Date: November 28, 2018
Planning Board Case Nos. 1799 & 1799A
1309 South Flagler Residential Planned Development (RPD)

Rezoning from Professional Office Residential to Multifamily High Density Residential
Create the 1309 South Flagler RPD
Location Aerial
Site outlined in white.

I. REQUEST
Planning Board Case Nos. 1799 and 1799A: A two-part request by Joe Verdone of Carlton
Fields, on behalf of Flagler Residential, LLC, for the following:
PB 1799: A rezoning from a Professional Office Residential (POR) zoning designation to a

Multifamily High Density (MF32) Residential zoning designation.
PB 1799A: A rezoning from a Multifamily High Density (MF32) Residential zoning designation
to a Residential Planned Development (RPD) zoning designation to create the 1309 South
Flagler Drive RPD, a 24-story, 42-unit residential tower, with waivers.
PB 1799 & 1799A - 1

The approximately 1.38 acre site is located at 1309 and 1311 South Flagler Drive, within
Commission District No. 3 – Commissioner Paula Ryan.
II. RECOMMENDATION
PB 1799 (Rezoning to MF32) - APPROVAL – Based on the finding that the petition meets all
eight (8) Amendment Standards found in Section 94-32 of the Zoning and Land Development
Regulations.
PB 1799A – Waivers - Staff recommends approving the requested waivers.
PB 1799A – Create RPD – APPROVAL, with conditions – Based on the finding that the
petition meets all eight (8) Amendment Standards found in Section 94-32 of the Zoning and
Land Development Regulations.
Prior to scheduling a public hearing before the City Commission, the applicant must:
1. Revise the various sheets showing the site area data to accurately depict square footage as
shown on the survey for the submerged lands. This includes Sheets G0.01 and L1.04.
2. Revise the building/previous/impervious areas on the Landscape Plans (Sheet L1.04)
a. Overall site area does not match the architectural plan table.
b. The area east of Flagler Drive should be clearly shown as a separate line item.
c. The legend for the site plan overlay needs to match the description for the Site
calculations.
d. The drainage calculations need to match above items.
3. Revise the landscape plans to show how the tree roots of the proposed Gumbo Limbo
trees that are within four feet of the edge of the exfiltration trench will be prevented from
damaging the exfiltration system and interfere with the capacity as stated in the drainage
calculations. Detail ST-8 needs to be updated to show the root barriers and the trees, with
accurate dimensions (installation depth and distances from root barrier to exfiltration
trench and to tree trunk).
4. Revise the grades shown for the driveway profile on Sheet C5.00 to match the grades in
plan view.
5. Revise Sheets C5.00 and C6.00 to remove the property line cutting across the property to
the south.
6. Revise the elevation and site/floor plan sheets to show correct, consistent setback
dimensions.
2 - PB 1799 & 1799A

7. Revise the plans to correct the discrepancies between the wall sections and the wall
elevations.
8. Revise Sheet L4.11 to correct the plant labels for the Areca Palms.
9. Revise the plans to move the 150 kva transformer to the west and to add additional
screening for both transformers within Acacia Road.
The following conditions and development regulations apply to the 1309 South Flagler RPD:
1. Sheets Survey 1 and Survey 2 that are included in the Civil plan set need to be plotted at
the indicated scale when submitted for the engineering permit.
2. Prior to the submittal for the first Building Permit for site improvements:
a. Record a boundary plat for all of the parcels within the 1309 South Flagler
Residential Planned Development.
b. Abandon the FPL easement along south property line relocate all lines relocated prior
to the building permit approval for any above ground improvements.
c. Submit a delivery management plan for the Currie Crescent entrance. The
management plan must address the following items:
- Only prescheduled deliveries will be allowed.
- Provide a means of prescheduling deliveries with property staff.
- Provide staffing plan for deliveries.
- Provide spotters for backing in of vehicles.
- Ensure that vehicles will not stop or stand on Currie Crescent sidewalk while waiting
for gate to open.
3. Prior to the removal or relocation of any tress on the property, a Tree Alteration Permit
shall be submitted, reviewed and approved by the Planning Division.
4. Prior to the Certificate of Occupancy for the building:
a. Provide signed and sealed engineer’s cost estimate for design and construction of a
Rapid Rectangular Flashing Beacon (RRFB) and decorative crosswalk on South
Flagler Drive (Location to be determined). Just north of Acacia is a potential location
as a mid-block refuge could be provided in the existing gored out median area.
b. Provide contribution for the design and construction of a Rapid Rectangular Flashing
Beacon (RRFB) and decorative crosswalk on South Flagler Drive (Location to be
determined). Just north of Acacia is a potential location as a mid-block refuge could
be provided in the existing gored out median area.
PB 1799 & 1799A - 3

c. Record maintenance and public access agreements acceptable to the City’s
Engineering Services and Law Departments for the sidewalks and public open space
on site.
d. Record a maintenance agreement with the City ensuring that the 1309 South Flagler
Homeowner' Association will maintain all improvements within the Acacia Road
ROW as well as provide the electricity for the lighting and irrigation for landscape.
e. Provide the Transit Contribution Fee based on parking spaces provided above the
minimum required by the Zoning and Land Development Regulations.
5. The Plaza parking must be signed “Valet Only”.
6. All of the parking spaces in the parking garage are to be pre-wired for electric vehicle
charging stations.
7. All mechanical or other equipment shall be screened from view of the surrounding
properties. This includes screening the full height of the generator.
8. The project shall be constructed using an augured piling or similar piling system.
9. The developer shall perform a “Condition Survey” of the adjoining properties prior to the
commencement of any construction or demolition activities. The developer shall
conform to the appropriate industry standards approved by the City’s Construction
Services Department in monitoring the vibration effects on the adjoining properties; this
may include, but is not limited to, the placement of seismic meters, inspections, and
similar activities.
10. The glass and any steel on all building façades shall be treated in such a way to minimize
glare and reflection of high intensity sunlight onto surrounding properties.
11. The tandem parking spaces shall only be utilized for valet parking.
12. Garbage receptacles must be ready behind the gate a half hour prior to the scheduled
pick-up time. Garbage receptacles are then rolled out by building maintenance personnel
once the truck arrives. The garbage receptacles need to be moved back behind the gate
within a half hour of pick-up by building maintenance personnel.
13. The two guest suites may not contain kitchen facilities and may not be rented or sold as
additional residences.
14. No wall is permitted to be taller than six feet within three feet of a side property line.
15. The building must be constructed to a minimum LEED Silver, or equivalent, standard.
4 - PB 1799 & 1799A

16. The setback waivers are granted for the closest point of the listed portion of the building
to the property line. However, since the building is being designed in a curvilinear
fashion, a redesign of the building may not exceed the building envelope shown on the
site plans and elevations without the approval of a revised site plan through the major
planned development process.
III. BACKGROUND AND ANALYSIS
The applicant owns the parcels at 1309 and 1311 South Flagler Drive and has the parcel at 134
Acacia Road under contract. All three parcels currently have a Multifamily (MF) Future Land
Use designation and are zoned Professional Office Residential (POR). The applicant is
requesting to rezone all three of the parcels to a Multifamily High Density (MF32) Residential
designation, with a further rezoning to establish the 1309 South Flagler Residential Planned
Development (RPD). The MF32 and RPD zoning designations are permitted within the MF
Future Land Use category.
The parcel at 1309 South Flagler Drive contains a one story office building. The parcel at 1311
South Flagler Drive is vacant and includes submerged lands. The parcel at 134 Acacia Road
contains a parking lot, which staff has not found evidence is required parking for any building.
The total upland acreage of the three parcels is 1.29 acres. There is a slight discrepancy with the
amount of submerged land listed in the Project Data Table on Sheet G0.01 when compared with
the survey, which needs to be corrected prior to the application being scheduled for the City
Commission hearing. Since the site contains less than 10 acres, the application requires an
acreage waiver.
Waiver #1 - Section 94-207(c)(2) Required RPD acreage - 10 acres required, 1.29 (upland)
acres requested
The existing site contains 1.29 upland acres as well as approximately 0.05 submerged lands.
The applicant is requesting to construct a residential tower on the site. The site is located
east of Interstate 95 where it is difficult to accumulate 10 acres of land to develop as one
project. The City has granted this waiver for the majority of the requests to rezone a property
to a planned development east of Interstate 95. Staff does not object to this waiver request.
Proposed Building
The applicant is proposing to redevelop all three parcels for a 24-story residential tower
containing 42 luxury condominiums (ATTACHMENT I – Applicant’s Justification
Statement). The lower three stories of the building are lobby and amenities, with 21-stories
residential stories with two units per floor. There are two levels of parking, one of which is fully
below grade and one which is partially below grade.
Due to the lot being wider on Currie Crescent (west frontage) than on Flagler Drive (east
frontage) the tower is positioned on the western portion of the site (ATTACHMENT II – Site
Plan). Residential towers established as RPDs are required to follow the development standards
of the MF32 zoning district. Since the site has frontage on both South Flagler Drive and Currie
PB 1799 & 1799A - 5

Crescent, a 25 foot front setback is required from both rights-of-way. The setback from South
Flagler Drive exceeds this minimum; however, the tower does not meet the minimum 25 foot
setback from Currie Crescent, so the applicant is requesting a front setback waiver. The
proposed tower is 300 feet in height to the roof deck, with an additional 30 feet of mechanical
equipment rooms above the roof deck (ATTACHMENT III – Elevations). Since the building
height exceeds 40 feet, one foot of setback is required for each two feet in height from the north
and south sides of the property. For the proposed 300 foot tall building, a 150 foot setback is
required. Since the property is 186 feet wide at its widest point, the applicant has requested side
setback waivers. The setback waivers are organized by floor and the specific side setback so that
the building has a consistent building envelope if there is any redesign in the future. The setback
waivers are taken to the closest point, but since the building is being designed in a curvilinear
fashion, a redesign of the building may not exceed the building envelope shown on the site plans
and elevations without the approval of a revised site plan through the major planned
development process.
Required front setback along Currie Crescent = 25 feet

Required side setback (300 foot tall building) = 150 feet to the north, south and east (side)
property lines
SETBACK WAIVER TABLE

Currie Cr. (front) North South East (side)
Upper Parking N/A 20 ft 4 in/ 28 ft 7 ft **
10 ft *
Ground Floor N/A 58 ft 6 in/ 43 ft 5 in/ 70 ft 2 in/
49 ft *** 34 ft *** 17 ft 5 in ***
Amenity Floors 22 ft 47 ft 6 in 32 ft 6 in 72 ft
2 and 3
Amenity Deck 15 ft 4 in 36 ft 10 in 21 ft 10 in 10 ft/50 ft ****
Floors 4 - 24 22 ft 47 ft 5 in 32 ft 5 in 47 ft 9 in
Balconies 20 ft 7 in N/A N/A 30 ft 6 in
* 20 feet 4 inches along Acacia Road, tapers to the inside property corner and then widens to
10 feet along the remainder of north property line
** Closest point is 7 feet at the inside property corner
*** Amenity deck support columns
**** Amenity deck columns
Waiver #2 - Section 94-77(a)(2)a Front setback (Currie Crescent) – 25 feet required, see
Setback Waiver Table for requests
As previously stated, the parcel is a double frontage lot. The eastern half of the parcel is
narrower than the western half of the parcel. The applicant has proposed a site plan that
utilizes the wider part of the lot for the placement of the building, which results in portions of
the building not being the required 25 feet from Currie Crescent. Currie Crescent has
historically been treated as the back of house for the properties both fronting South Flagler
Drive and South Olive Avenue. While the design of the building continues to use Currie
6 - PB 1799 & 1799A

Crescent for the back of house uses, the applicant has incorporated right-of-way plantings,
landscaped screen walls, architectural features and direct resident pedestrian access to
mitigate the reduced setback request. Staff does not object to this waiver request.
Waiver #3 - Section 94-77(a)(3) Height/setback (sides) – 150 feet required, see Setback
Waiver Table for requests
As previously stated, the applicant is proposing to construct a new building that is 300 feet
tall, which requires each side to have a setback of 150 feet. The applicant recognizes that the
setback waiver request for the proposed building is large in relation to the required setbacks,
so the applicant is incorporating a number of features into the project that provide a benefit to
area residents, such as the reconstruction of Acacia Road, constructing a public open space
along South Flagler Drive, participating in the transit contribution program, and pre-wiring
the parking area for electric vehicle charging stations. The applicant states in the
Justification Statement that the curvilinear design of the building reduces the visual impact
on the surrounding properties, even with the reduced setbacks. The immediate properties to
the side of the proposed building are a parking lot, an office building, a dentist office with
separate rental apartments and Palm Beach Atlantic University dorms. The landscape plans
include heavy plantings to screen the building from these properties. Staff does not object to
this waiver request.
The building has 42 units, which meets the density allowance of 32 units per acre (both upland
and submerged lands used). The building includes two guest suites that do not include kitchens
and may not be as additional units. The two parking levels are accessible via the valet service or
through self-parking. The building requires 89 parking spaces per the ZLDR requirements;
however 133 parking spaces are being provided. The additional parking spaces include 25
dedicated valet parking spaces, parking for two town cars and five parking spaces for permanent
building staff. A secure bicycle parking room is being supplied for the residents and bicycle
parking for employees is also provided.
Exterior Site Features
As previously mentioned, the perimeter of the site is heavily landscaped with a combination trees
and palms (ATTACHMENT IV – Landscape Plan). The entrance to the site is from South
Flagler Drive via a separated driveway. The entry and exit lanes are separated by a landscaped
water feature. In order to keep the entryway from being a barrier to pedestrians utilizing the
sidewalk on the west side of South Flagler Drive, staff required that the ingress and egress drives
be separated by a protected pedestrian refuge area. The sidewalks in front of the project are also
being widened to eight feet in width as part of the City’s goal of improving the walkability of
South Flagler Drive. The applicant will need to provide for an easement as the additional
sidewalk with is on the project site.
As part of the public improvements to offset the waiver requests, the applicant is installing a
public open space with a fountain and seating area along South Flagler Drive (ATTACHMENT
V – Public Open Space Rendering). This area will be open to the public and maintained by the
project’s Homeowner’s Association. Additional site features that the applicant is providing for
PB 1799 & 1799A - 7

its residents are a dog walk area, a landscaped sculpture walk leading to South Flagler Drive and
walkways leading to the rebuilt Acacia Road and Currie Crescent. Street trees are being installed
on Currie Crescent.
As previously mentioned, Currie Crescent is the location of the back of house elements for the
building, such as the garbage collection area, the loading area, and the mechanical equipment.
The City’s Sanitation Division has established a procedure for garbage staging and pick-up that
is included in the development regulations. The applicant is screening the mechanical areas with
six foot high fences that have hedges in front of them. Since Currie Crescent is a front property
line, the ZLDR only permit the fences to be four feet in height. The applicant is requesting to
install six foot high fences.
Waiver #4 - Section 94-302(b)(1) Fence Height (front yard) – maximum 4 foot tall
permitted, maximum 6 foot tall requested
The applicant wishes to provide screening and security for the back of house area of the
building. This includes the mechanical equipment areas as well as the loading and garbage
holding area. The applicant is proposing to screen the fences with hedges that will exceed
six feet. The gate will be a solid material. Staff does not object to this request.
The Currie Crescent frontage includes two vehicular access points. One is for the loading area
for tenant move in, large deliveries, etc. Due to space constraints on the site, the applicant is
requesting a waiver from the requirement that all vehicle maneuvering be performed on-site.
The second vehicular access point is for secondary egress from the main entry drive as well as to
provide access to the transformer vault. The ZLDR only permit one access point on Currie
Crescent and even if multiple access points were permitted, they are required to be a minimum of
125 feet apart. The applicant is requesting waivers from both of these requirements. Please refer
to ATTACHMENT VI – Currie Crescent Street View regarding the waiver requests below.
Waiver #5 - Section 94-485(j)(1) Loading Space Ingress/Egress – Backing onto street not
permitted, Requesting to use Currie Crescent for maneuvering
City staff reviewed this request based on the usage of Currie Crescent. As previously stated,
it is used similar to an alley for back of house purposes such as garbage and recycling
collection and includes some on-street parking spaces. Due to its configuration and the
surrounding uses, this portion of Currie Crescent does not have a heavy traffic volume and
would not be negatively impacted by the use of the roadway for maneuvering into and out of
the loading area. The City Traffic Engineer is requiring a deliver management plan to ensure
that there are no negative issues with using Currie Crescent for maneuvering. Staff does not
object to this request.
Waiver #6 - Section 94-312(1)a. Number of Access Points – One permitted, Two requested
The applicant was unable to incorporate the uses of access by both access points into one
unified access points due to the constraints of the site, so they are requesting two access
points. The current properties have two access points to Currie Crescent, so the request does
8 - PB 1799 & 1799A

not increase the existing conditions. While staff would prefer to see only one access point to
minimize vehicle and pedestrian conflicts, it is not anticipated that the access points will see
heavy usage, so conflicts should be minimal. This development will complete the missing
sidewalk network, including shade trees and removing the above ground utility lines adjacent
to the project. Staff does not object to this request.
Waiver #7 - Section 94-312(2)a. Separation of Access Points – Minimum 125 feet required,
69 feet requested
The current two access points are only 29 feet apart at the sidewalk. The proposed driveways
are 60 feet apart. While this does not meet the minimum requirement, it lessens the existing
non-conformity. Staff does not object to this request.
The grade of the development site at Currie Crescent is approximately six feet higher than the
grade of the site at South Flagler Drive. In order to create a level development base for the
building, the upper parking level is partially below grade (Currie Crescent side) and partially
above grade (South Flagler Drive side). The entry drive from South Flagler Drive slopes up to
the ground floor lobby (ATTACHMENT VII – Entry Drive Rendering) over the eastern
extent of the upper parking level, which requires a series of retaining walls. The retaining walls
primarily face the side property lines at varying distances from the property lines. The retaining
walls along the north and east property lines (excluding along Acacia Road) have a two foot tall
retaining wall at the property line, with a taller retaining wall set back behind the landscape
buffer. The retaining walls along the Acacia Road protion of the north property line are set back
off of the property line and screened with landscape. The eastern portion of the south property
line has a retaining wall at the property line which is approximately five feet in height at its
furthest east point. The wall height at the property line lowers as the adjoining property slopes
up toward the western property line. The landscape is installed on the filled area on the interior
side of the retaining wall. Additional walls are placed behind the landscape. Based on the cross
sections provided on the Civil Plans (ATTACHMENT VIII – Perimeter Sections) the majority
of the retaining walls along the side property lines exceed the permitted six foot wall height.
Waiver #8 - Section 94-302(b)(1) Fence Height (side yard) – maximum 6 foot tall permitted,
varies (maximum 14 foot tall) requested
Staff is basing the evaluation based on the information provided on the Civil Plans. There
are discrepancies with wall information provided on the landscape plans. Prior to scheduling
the case before the City Commission all plans need to show the same, accurate conditions so
that staff can fully describe the requested waiver in the final legislation. The highest walls
are located around the interior corner adjacent to the residential apartments. There is
landscape screening being installed to buffer the wall height. Staff is recommending that no
wall be permitted to be taller than six feet within three feet of the property line since that
would not provide sufficient depth to provide a landscape buffer to screen the wall from the
adjoining property. Based on the heavy landscape being used to screen the retaining walls,
staff does not object to this request.
PB 1799 & 1799A - 9

Acacia Road
The applicant is proposing to rebuild Acacia Road to provide public benefit mitigation as part of
their request for the height/setback waiver. Acacia Road is a 15 foot wide right-of-way that
which was intended for pedestrian use. Over time, the pedestrian connection fell into disrepair
and no longer serves its intended purpose. The applicant will be rebuild the underground utility
infrastructure, to include burying the existing overhead utility lines, installing a pervious paver
walkway, and add landscape (ATTACHMENT IX – Acacia Road Rendering). The lighted,
paver pathway will vary between seven and ten feet in width. Due to the underground utilities,
the applicant will be installing triple trunk Roebelinii palms in above ground planters along the
pathway to provide canopy within the walkway. The planters will be interspersed with planting
beds containing ground cover and shrubs. Additional shading will be provided by some existing
palm trees which will remain in the right-of-way and the Gumbo Limbo trees being planted in
the 1309 South Flagler buffer.
The buried electrical lines require the installation of above ground transformer boxes and switch
boxes. The switch boxes are being installed on the 1309 South Flagler property. The
transformers, which serve the adjoin properties, are being installed within Acacia Road. Prior to
the scheduling of the City Commission hearing, the plans need to be updated to better screen the
easternmost transformer box from South Flagler Drive view. The westernmost 150 kva
transformer is 68 inches tall and needs to be relocated further west from where it is shown on the
current plans (ATTACHMENT X – Acacia Road Transformers) as it is currently shown
adjacent to the rental apartments located at 1301 South Flagler Drive. The 150 kva transformer
needs to be moved adjacent to the 1309 South Flagler site and additional screening is to be
provided from the west. At such time as the properties serviced by the transformers are
redeveloped, staff will be requiring these items to be moved out of Acacia Road and onto private
property.
The 1309 South Flagler Homeowners Association will be responsible for maintaining the
landscape within Acacia Road, to include the irrigation, and moving the planters if the City
needs to work in the right-of-way. The Homeowner’s Association will also be required to
maintain the pavers and the pedestrian lighting and to pay to for the electricity for the lights.
The requested rezoning from POR to MF32, meets all eight (8) of the required amendment
standards found in Section 94-32 of the City of ZLDR (ATTACHMENT XI).
The requested rezoning to establish the 1309 South Flagler RPD, with waivers, meets all eight
(8) of the required amendment standards found in Section 94-32 of the City of ZLDR
(ATTACHMENT XII).
10 - PB 1799 & 1799A

IV. PROJECT DETAILS
A. Land Use and Zoning
The subject property currently has a Multifamily Future Land Use designation and Professional
Office Residential (POR) zoning designation.
The adjacent Future Land Use designations are:

North: Multifamily (MF) & Community Service (CS)
South: Community Service (CS)
East: Multifamily (MF) & Intracoastal Waterway
West: Multifamily (MF)
The adjacent zoning designations are:

North: Professional Office Residential (POR) – Dentist office and apartments
Community Service Planned Development (CSPD) - Church
South: Community Service Planned Development (CSPD) – PBAU Dorms
East: Professional Office Residential (POR) – Dentist office and apartments
Intracoastal Waterway
West: Multifamily High Density (MF32) Residential - Church
B. Interdepartmental Review
On July 11, 2018, the Plans and Plats Review Committee (PPRC) reviewed this application and
the applicant has sufficiently addressed the issues, subject to the listed conditions, to proceed to
the Planning Board hearing.
C. Inter-jurisdictional Review
Traffic Concurrency: The Palm Beach County Traffic Division issued a letter on August 2, 2018
verifying that the site is located within the Coastal Residential Concurrency Exception Area so it
is exempt from the Traffic Performance Standards.
School Concurrency: The Palm Beach County School Board approved school concurrency on
July 17, 2018.
D. Public Notice
Notices of the Public Hearing were mailed to property owners within 500 feet of the subject
property and signage was posted on the site.
Prepared and Respectfully Submitted by:
Eric Schneider, AICP

Principal Planner
PB 1799 & 1799A - 11

ATTACHMENT I
Applicant’s Justification Statement
FLAGLER RESIDENTIAL
JUSTIFICATION STATEMENT
Resubmittal
November 5th, 2018
SITE LOCATION:
The Applicant, Flagler Residential, LLC is the owner of property located at 1309 and 1311 South
Flagler Drive, West Palm Beach, Florida, 33401, and contract purchaser of property located at
134 Acacia Road, West Palm Beach, Florida 33401 (collectively, the “Subject Property”). The
Subject Property is generally located on the west side of South Flagler Drive, south of Acacia
Road and east of Currie Crescent. The site maintains frontage along South Flagler Drive and
abuts Currie Crescent at the rear, to the west.
BACKGROUND:
Over the years, the Family Church, formerly First Baptist Church, and Palm Beach Atlantic
University (“PBAU”) have assembled various properties in the area just south of downtown
West Palm Beach, generally west of Flagler Drive, and East of South Dixie. They have done so to
incorporate these properties into their existing campuses in support of their ongoing uses.
Historically, this area was comprised of a significant amount of multifamily property with a
significant population. As time moved on and development patterns changed, portions of
Multifamily 32 (MF32) zoned land was converted to Community Service to accommodate
PBAU’s campus growth. Most of these properties have been consolidated into planned
developments within defined Master Development Plans. Ultimately, the converted properties
have been used to accommodate surface parking, interim student housing, and expanded
campus facilities. Interspersed in this area are several multifamily Residential Planned
Developments (RPD) amongst these Community Service Planned Developments (CSPD)
campuses.
These planned developments are closely related to the Downtown Urban Core and their
associated master plans function much like the DMP with site-specific development criteria for
each development. The areas’ CSPDs serve as a major economic engine to downtown West
Palm Beach and provide downtown residents with jobs as well as a direct conduit to fine arts,
religious, educational, and other institutional services they offer. The areas’ residential planned
developments also provide alternative housing options that is needed near the downtown and
these the economic drivers, which in-turn support the growth and sustainability of the urban
core. This area also provides a significant spatial buffer from the designated historic
neighborhoods located to the South of the PBAU campus.
12 - PB 1799 & 1799A

Historically, this unique area was largely built out by the Family Church, PBAU and the Norton
Museum. The Family Church has occupied this location since the early 1900’s and its religious
and educational campus has evolved into a significant community asset that provides religious
services, preschool, and primary education options to local residents.
PBAU was originally founded in 1968 and has grown into a premier, nationally competitive
university producing local annual economic impacts of $396 million with its 171 fulltime
employees and 3,800 students, of which, 1229 live in a multifamily environment on campus. As
stated earlier, many of the properties PBAU acquired originally had a Multifamily Future Land
Use designation and Multifamily Zoning prior to their acquisition and inclusion into the
university. Some of the previously developed multifamily properties are still used for student
housing. In addition to PBAU and the Family Church, the Memorial Presbyterian Church of WPB
has also participated in land and exchanges with various owners in the area.
The results of these land swaps and exchanges has enabled the churches and PBAU the ability
to create more homogeneous campus boundaries, allowing them to implement a long range
plan to accommodate future development of their unique campus style and individual uses.
However, as these institutions have grown, their respective properties have surrounded and
isolated the Subject Property by creating an island of Professional Office Residential (POR)
zoned property, located amongst the PBAU campus, the Memorial Presbyterian Church
campus, and the Family Church campus. This isolated POR zoned area has an existing MF future
land use designation that is also shared by the Memorial Presbyterian Church and the Trianon
Condominium, both of which are zoned Multifamily 32 (MF 32).
THE SUBJECT PROPERTY:
The Subject Property totals 1.387 acres. The Subject Property has an underlying Multi-Family
(MF) Total Land Use. The MF land use provides for development between 14.52 and 32.27
dwelling units per acre. The Subject Property is zoned Professional Office Residential (POR),
which provides for commercial intensity of 0.50 to 0.75 FAR, fourteen (14) dwelling units per
acre, or a mix thereof.
The POR zoning district designation, which is classified as a commercial district, is inconsistent
with the underlying MF Future Land Use designation. The MF land use is meant for multifamily
residential uses ranging in density from 14.52 to 32.27 dwelling units per acre. Although the MF
category permits limited commercial uses however, these are severely limited, such that the
land use would not permit the intensity allowed for by the POR zoning.
Because the Subject Property’s existing POR zoning is inconsistent with its MF future land use
designation, the Subject Property must be rezoned to a district consistent with its existing MF
future land use. The proposed rezoning to Multifamily 32 (MF 32) concurrent with as RPD
would correct the existing inconsistency between the POR zoning designation and the MF
Future Land Use designation. This correction enables the property to be developed consistent
PB 1799 & 1799A - 13

with it future land use designation thereby advancing the goals, objectives, and policies of the
City’s Comprehensive Plan.
IMMEDIATE SURROUNDING PROPERTY
There are presently five separate parcels of land, including the Subject Property, that are
bounded by three existing developments: the Family Church; the Memorial Presbyterian
Church; and, the PBAU campus. Starting from the north and going south the PCN’s and
ownership of the properties, including the Subject Property:
Parcel 1) 74-43-43-27-26-001-0071 - 1217 South Flagler Drive, LLC

Parcel 2) 74-43-43-27-26-002-0010 - Joseph A. Nasser
Parcel 3) 74-43-43-27-26-002-0011 - Memorial Presbyterian Church of WPB
(Subject Property)
Parcel 4) 74-43-43-27-26-002-0021 - Flagler Residential, LLC (Subject Property)
Parcel 5) 74-43-43-27-26-002-0030 - Flagler Residential, LLC (Subject Property)
Parcel 1 is presently leased by the Applicant and it is separated from Parcels 2 thru 5 by
an undeveloped public right-of-way - Acacia Road. The Applicant intends to use Parcel 1 for a
sales facility within the existing office building. Acacia Road was established on the original
Jefferson Park Plat PB 1, PG 90, however it is currently not functional as a vehicular road or
alley. It is the intent of the Applicant to propose voluntary development order conditions,
committing to improve this vacant right-of-way into a pedestrian art walk that would connect
the waterfront to the Presbyterian Memorial Church, PBAU Campus, and to other properties to
the West. This public benefit would include an 8-foot wide meandering, shaded, paved walkway
14 - PB 1799 & 1799A

with lush landscaping, multiple sculptures, alcoves, security lighting, panic alarms, a dog
station, waste receptacles, and a bike-sharing station. The cost of constructing and maintaining
the public art walk would be borne by the Applicant.
Parcel 2 is owned by Joseph A. Nasser. It is presently developed with a 1,300 sf medical

office building and a 6 unit 3,024 sf apartment building. The existing developed density on this
parcel is 24 du /ac.
Parcel 3 is owned by the Memorial Presbyterian Church of WPB and is under contract
for purchase by the Applicant. This is a portion of the Subject Property. Parcel 3 is presently
developed with 36 surface parking spaces.
Parcels 4 &5 are currently owned by the Applicant. Both parcels 4 and 5 were
previously developed with a single 9,000 sf (approximate) medical office. A 4,347 sf office
structure remains on parcel 4 and the office structures on parcel 5 have been demolished and
removed.
SURROUNDING LAND USE:
Direction Zoning Land Use Existing Use
North POR MF Medical Office Multifamily
CSPD CS Surface parking
East N.A. N.A. Flagler Drive / Intracoastal Waterway
POR MF Office / Multifamily
South CSPD CS High Density Student Housing
PB 1799 & 1799A - 15

West MF32 MF Church
THE PROPOSED RPD SITE
The Subject Property abuts Flagler Drive and Lake Worth on the east and a MF zoned parcel
developed with a church to the west. This waterfront location, which is otherwise adjacent to
surface parking lots and in proximity to other multifamily housing, is an optimal location for an
RPD. The proposed design takes great care to minimize any potential impacts to the
neighboring properties. These innovative design elements include the proposed narrow profile,
2 units per floor low mass tower design with all the required parking located below grade and
outside of the 100 year FEMA flood zone. This innovative proposal places the building eastern
edge back 169 feet from the South Flagler Drive waterfront frontage to a point that is entirely
behind Parcel 2. This design also allows for a large, open greenspace on the South Flagler
frontage that accounts for more than a 670% increase in the required front yard area while
protecting 100% of the existing water front views from neighboring properties. The designers
were also able to surround the west and south property lines of Doctor Nasser’s property with
a ten foot wide terraced landscape buffer containing a retaining wall with a 6-foot wide, lushly
planted landscape planter on the outside of the wall, to create an additional private buffer
area.
The southern property line of the Subject Property abuts a 2.66 acre parcel owned by PBAU.
The PBAU parcel is used for interim student housing, which was recently converted from older
multifamily apartment buildings. This site consists of two large block style buildings that contain
approximately 158 apartment units, with an overall density of 59.39 du/ac. The Applicant is
working with PBAU to finalize the vacation and replacement of a utility easement and the
establishment of a common area landscape buffer on the PBAU property between the sites that
will be planted and maintained by the Applicant.
The Subject Property abuts three public rights of way, two of which provide for access vehicular
access to or around the proposed building. The eastern property line of the site fronts South
Flagler Drive and the western property line fronts Currie Crescent, each of which provides for
vehicular access. The frontage on Currie Crescent provides an opportunity to allow access to
the buildings internal functions and a second means of egress. The frontage along Flagler Drive
is reserved as the primary frontage providing the main access for resident and guest and will be
used as the projects address.
The Trianon Condominium located to the Northeast of the Subject Property influenced the
proposed site layout and design. The Trianon was designed such that the building faces
southeast, without significant openings or view sheds on its north and west sides. The
Applicant considered the existing layout and design of the Trianon when designing the
proposed Project. By moving the proposed building away from the waterfront, narrowing the
building, and providing for four sided architecture allowed the designers to protect the Trianon
view corridors while limiting any negative impacts to other surrounding properties. Based on
the proposed site design, setbacks, and building placement the Trianon owners should not be
16 - PB 1799 & 1799A

able to directly see the building from inside their units, nor will the applicants’ building shadow
their pool area.
The Applicant has spent significant time designing and redesigning the site layout so as to
minimize any impacts on the surrounding area. The Applicant has also made sure that the
proposed request remains consistent with the lot size, height, and density parameters applied
to similar RPD approvals in this area of the City. A similar reference project known as the Slade
Planned Development. The Slade was approved for a similar size parcel (1.21 ac.). That site was
also in very close proximity to the downtown and waterfront. It was also located on a POR
property with a very similar out-parcel condition. It was rezoned to a PORPD to allow a
multifamily high-rise project with a density of 160.33 units per acer with very similar setback
waivers. The Modern and the Bristol, which bookend the project, are also RPD’s approved with
similar height and setback waivers in the immediate area.
GENERAL DESCRIPTION OF REQUEST:
The applicant is proposing to rezone the 1.38 acre site to the multifamily 32 (MF32) district with
a concurrent rezoning to a Residential Planned Development RPD with 42 residential units with
a density of 30.43 du/acre. The RPD request includes the following waivers: 1) Section 94-207
(c) (2) to reduce the minimum size; 2) Section 94-241 Table VIII-1 Note 9) to reduce the
required side and front setbacks; 3) Section 94-302(b)(1) to allow for fencing and hedges to be
higher than 4 feet in the Currie Crescent and Flagler front yard area; 4) Section 94-312(1) (a) to
allow two access points instead of one on Currie Crescent; 5) Section 94-312(2) (a) to decrease
separation between access points; and, 6) Section 94-485 (j) and (m) to allow a loading dock
operation and procedure plan to substitute for the onsite maneuvering requirement in the
ZLDRs to allow limited assisted back in access from Currie Crescent.
The intent of the Planned Development (PD) district is to encourage, through incentives, the
use of innovative land planning and development techniques to create more desirable and
attractive development in the city. Incentives include, but are not limited to:
a. Relaxing or waiving of height, setback, lot dimensions and lot area requirements;
b. Allowing an increase in density and/or floor area ratio as long as the limits do not
exceed those allowed in the Comprehensive Plan, Future Land Use Element
Policy 1.1.3; and
c. Permitting uses or a mixture of uses not normally permitted in the underlying
zoning district.
The residential planned development density proposed is 30.43 unit per acre, which is within
the allowable range of the MF FLU category. The proposed RPD density is also less than the
areas’ average density and is consistent with other approved project densities in the immediate
area, as shown in the Neighborhood Density Comparison below.
PB 1799 & 1799A - 17

NEIGHBORHOOD MULTIFAMILY DEVELOPMENT
DENSITY COMPARISON
Building Density (du/ac)
La Clara (a.k.a. 1515 Flagler) 34.42
Norton Park Place 72.23
Viking Arms 55.87
The Arkona 58.55
Rapallo – North 38.73
Trianon 61.67
Bristol 23.36
(Area Existing Average Multifamily RPD (49.26)
Density)
Proposed Project 30.43
One of the innovative design elements is the implementation of subgrade parking. With 100%
of the required parking for the project located below the finished grade, out of view and
outside of the 100-year FEMA flood zone. This subgrade location significantly reduces the
buildings visual mass and improves the overall visual aesthetics by eliminating the traditional,
less innovative exposed parking structures above grade. This subgrade parking design also
promotes the project’s connectivity to the street and surrounding area by allowing the project’s
active space to extend all the way to the ground level.
The proposed building consists of two basement levels designed to accommodate 100% of the
required parking, below grade, and outside of the 100-year FEMA flood zone. This allowed the
opportunity to design a slender, low mass building with a narrow floor plate above grade. The
ground floor contains the main lobby reception, lounge, internal truck loading, and other
necessary building service/ mechanical areas. The widest point of the tower is located on the
north and south sides at the amenity deck on level 2. This Level consists of a 17,805 sf of floor
area and it is located 22 feet above grade with a north-south dimension of 127’-3” wide. The
majority of the increased width at this level is designed to accommodate a larger open pool
area extending eastward and landscaping that provides green areas that buffers and shades the
open-air amenities found on this level.
In addition to the 8,370 sf of open-air amenities, which includes a designer, landscaped

pool/spa area, Level 2 has 9,360 sf of enclosed amenities including a fitness center, party room,
chef’s kitchen, yoga studio, and restrooms. The building floor plate narrows above the amenity
deck by stepping back an additional 10’-2 ½” feet on each side to reduce its north-south
dimension to 106 feet wide. The amenities package continues on level 3 with an additional
9,360 sf of enclosed amenities including his and hers spas, a business center, a theater, and two
guest suites. The 2 proposed guest suites are limited to use by resident guest only and they will
not be equipped with full kitchens. The remaining levels include a 10,065 square foot enclosed
floor plate consisting of two side-by-side 4-bedroom, 5-bath units. Each of these levels contains
18 - PB 1799 & 1799A

8,975 square feet of living area, with an average of 2,760 sf of balcony space all built around a
single core with 3 elevators and two separate stairwells.
The requested setback waivers are based on the amenity deck (Level 2) located 22’ above
grade. Above the Level 2 amenity deck, the building has a 20’-5” narrower profile that provides
for a 10’-2 ½” foot increase setback above that level. The building’s convex curved profile also
decreases the impact of the setback waiver. This is because as you move farther east or west
from the widest point of the building (maximum waiver) the amount of separation from the
property line to the building face continues to increase. This is another of the innovative design
elements.
The building’s narrow 106‘ wide north to south dimension was implemented to minimize the
project’s coastal profile, while its narrow 148’ east to west dimension is intended to minimize
the building’s visual mass. As noted, the building is located away from Flagler to protect the
existing view sheds of the neighboring parcels. This increases the front setback significantly,
allows for increased open and green space along the Flagler frontage. This orientation of the
tower also preserves 100% of the exiting Trianon view sheds and minimizes any view or shadow
impacts on the adjacent properties and nearby residential uses.
The Comprehensive Plan and ZLDRs provide the ability for the City to permit RPD waivers based
on innovative design. Some of the key innovative features of the Project’s design are:
1. The garage is below grade, thereby reducing the building’s height and visible mass by
more than 20%.
2. The proposed design minimizes the heat island effect by utilizing light coloration and low
energy glass in the tower and placing all required parking underground eliminating the
need for a large exposed paved parking area.
3. The proposed underground design eliminates the need to utilize any visible areas of the
site to accommodate surface lots or above ground parking structures that would
customarily be required to fulfill the ZLDRs parking requirements.
4. There are only two units per floor, which significantly reduces the size of the buildings
core and the overall building mass.
5. The building’s layout ensures that there will be no portion of the units within 32’-6” of
the south property line or 47’-6” from the north property line, thereby providing
optimum compatibility between the Project and the surrounding
community/institutional use view sheds.
6. The building’s layout ensures that the portion of the units that is closest to the north and
south property lines are enclosed to help mitigate the impacts of the setback reduction.
PB 1799 & 1799A - 19

7. The Project includes enhanced outdoor amenity areas and greenspaces;
8. The project design enhances the feel and look of South Flagler Drive by significantly
increasing the setbacks and greenspace within the front yard area to accommodate
lushly planted sculpture gardens and cascading water feature separating the decorative
paver one way circular driveway.
9. The project further enhances the public realm by creating a 1,175sf pocket park with
water feature and seating wall with views of the sculpture gardens and plantings;
10. The project enhances the public realm by placing the existing above ground utilities in
the Acacia Right of way underground;
11. The project enhances the public realm by converting and building out approximately
5,500 sf of existing non-traversable Acacia Road right-of-way to create a pedestrian art
walk to connect the Flagler waterfront to the PBAU campus and other western
properties;
12. Careful consideration to building placement has been made to eliminate any view-shed
impact on the immediate neighbors. The building’s placement also minimizes its shadow
on the adjacent residential or outdoor uses, and further minimizes the impact of the
shadows cast by the Project;
13. Loading and service areas are contained within the building behind an 8-10’ high hedge
and decorative gate, minimizing views of trash and service related operations, including
loading for residents move in and move out.
14. The Project was designed to be sensitive to its neighbors by reducing the overall building
mass above ground. This was achieved by designing a single core, two-unit per floor
tower with a narrow 106‘ North-South dimension, with 100% of its required parking
below the finished grade of the site and outside of the 100 year FEMA flood zone. By
doing so, the project provides better air and light penetration to it neighbors, especially
at street level. The proposed slender low-mass design creates minimal shadow impacts
while the increased front setback increases green space, extensive landscaping with its
visible sculpture gardens improves the project aesthetics along South Flagler Drive.
15. The proposed tower includes forty two (42), 4-bedroom 5-bath family sized units
averaging 4,512 sf
16. Setting the building back as far as possible on the site allowed the designers to continue
the park like atmosphere of the waterfront by significantly increasing the green space
along South Flagler Drive. This increased setback also provided the ability to incorporate
the dramatic grand rising entryway to the building with a cascading water feature which
in turn helps conceal the subgrade garage entrances.
20 - PB 1799 & 1799A

Additional innovative design elements, features, and impacts are discussed below.
PROJECT SUMMARY CHART:
Proposed
Project Type Condominium
Zoning RPD
Land Use Multifamily 32
Density 30.43 du /ac
Total Lot Area 1.38 (60,204 SF)
(lot area waiver)
Building Height 300’-0” (setback waiver)
Number of Stories 24
Unit Breakdown 42 Units- 2 units per floor
4 bedrooms 5.5 bath each
Roof Top Amenities Outdoor Kitchen, Bars, Patios, Decks, Seating,
Putting Greens, Landscape Planters
Pools, Saunas, Spas, WC / Shower Room
Maximum Building Coverage (calculated as % of lot) 17,805 SF
Occurs at Amenity Level 2 (29.6 %)
Maximum Floor Plate - Level 4-24 10,065 SF

(calculated as % of lot) (16.7%)
Total Impervious Area 36,039 SF
(calculated as % of lot) (60 %)
Landscape Area 22,368 SF Ground Level
Planters Area on Level 2 1,002 SF in Planters Level 2
Total Pervious Area 22,399 SF
(calculated as % of lot) (37.2%)
Total Floor Area (above grade) 235,235 SF
Total Floor Area (below grade) 3,100 Sf
Gross Residential Building Area (above grade) 240,807 Sf
Gross Residential Building Area 67,012 SF
(below grade including the garage)
Gross Residential Building Area 307,419 SF
(above and below grade including the garage)
Net Sellable Residential Building Area 188,475 SF without balconies
(excluding garage) 211,365 SF including balconies
PB 1799 & 1799A - 21

Garage Building Area 2 basement levels
67,012 SF
Gross F.A.R. 3.96
Type Required Provided
Parking Residents 84 96 (includes 5 H.C)
(2 per unit)
Guest 5 5
(1/10 units)
Employee n.a. 5
Valet n.a. 25
3 (surface staging)
11 Tandem (22 spaces)
Town Car n.a. 2
Totals Spaces 89 133
Handicap (included in total spaces above) 5 Spaces (4 Regular HC and 1 ADA Van)
EV charging Optional application throughout garage via

pre-installed conduits and electric service capacity
Bike Parking 7 for residents 2 for employees

1 per 20 spaces
22 - PB 1799 & 1799A

QUANTITATIVE PROJECT APPROVAL COMPARISON CHART:
Proposed Modern Bristol Trianon

Site Area 1.38 2.45 3.21 1.8
Parking Provided 133 183 150 152
FAR 3.96 4.27 3.56 2.12
75 (69*) 114 (111*)
Units 42 84 +3 guest *combined units *combined units
Density 30.43 35.43 23.36 63.33
Average Unit Size 4,487 4,198 5350 1,247
Height to roof slab/highest point 300/335 293/307 291/315 160/190
Net Sellable SF 188,475 352,628 401,250 142,158
Lobby, Common Area and
Amenities 28,065 50,422 unknown unknown
Gross Floor Area excluding parking 244,586 462,388 411,730 149,640
Gross Floor Area w/garage 311,598 559,267 498,458 149,640
Surface Parking 3 12 4 152
REQUESTED RPD WAIVERS:
Pursuant to Section 94-207(a)(1) of the Zoning Code, setbacks and other regulation may be
waived on the basis of innovative design. The Applicant proposes six (6) waivers based on the
individual justification provided, the innovative design elements previously discussed, as well as
the following innovative design elements, features, and attributes below:
 Provides built in expansion capabilities to provide charging stations throughout

the garage;
 Provides improved open space and landscape area along South Flagler Drive;
 Provides a new 1,175 sf pocket park with water feature and seating wall
providing views of the sculpture gardens and plantings;
 Provides public benefits by converting the unused Acacia Road right-of-way into
a 5,550 sf publically accessible art walk connecting the Flagler waterfront to the
institutional uses to the west;
 Provides 100% of required parking sub grade;
 Provides new high-end luxury family sized housing options that supports
corporate and business relocation efforts;
 Provides improved comparative property values in the immediate area;
 Provides improved aesthetics;
 Provide critical residential density and economic benefit needed to encourage
balanced development and to support and complement uses near the downtown
and surrounding area;
PB 1799 & 1799A - 23

 Significantly reduces the amount of surface parking and exposed pavement.
Which in turn reduces the associated heat island effects they create;
 Provides a grand one way circular driveway entrance that improves the sites’
ingress, egress, and internal circulation;
 Provides for concierge/attaché service with the ability to accommodate town car
services and valet parking;
 Reduces North-South building mass with two unit per floor design; and,
 Eliminates any shadow impact on adjacent single family residential
neighborhoods;
The Project will also provide a significant economic benefit to the City along with the
opportunity to expand luxury family sized housing options near the downtown to support the
City’s’ corporate growth and relocation efforts. The project when complete will provide an
estimate $1.817 Million increase in ad valorem tax annually. The projects expected net marginal
household income of $63 Million will generate nearly $1.5 million in annual retail expenditures
within one mile of the project. Upon completion, the project will generate +19 new full-time
jobs with an economic impact of $2.66 Million annually.
1) Section 94-207 (c) (2) to reduce the minimum lot size:
The Zoning Land Development Regulations (ZLDRs) provide for an RPD to be a minimum of ten
(10) acres in size. This may be waived as part of an innovative design pursuant to the
standards in the ZLDRs. The size of the property and the requested waiver is shown below:
Minimum Required Proposed Waiver Requested

Lot Area 10 acres 1.38 acres 8.62 acres
The ZLDRs a l l o w , “any area of lesser size may be approved” upon a finding that one or
more of the specified conditions exist. Each of the specified conditions exist in the present
circumstances:
a. Particular circumstances justify such reduction.
Applicant Response: There is limited waterfront property available that can

support MF density, as the Comprehensive Plan provides for the Subject
Property. Furthermore, there are very few properties with 10 contiguous acres
East of Interstate 95 in the City of West Palm Beach. As a result, the City has
consistently approved waivers for nearly every RPD requested in the City.
Including the majority of new residential planned developments East of
Interstate 95.
24 - PB 1799 & 1799A

b. Requirements for residential planned development zoning and the benefits to
be derived from such zoning can be derived in such lesser area.
Applicant Response: The proposed development plan demonstrates that the

proposed projects’ intended multifamily use, density, site design, and site
circulation elements can and will function safely within the confines of the
subject property.
c. Permitting such lesser area for residential planned development zoning is in

conformity with the comprehensive plan.
Applicant Response: The proposed development plan conforms to the RPD

regulations found within the Comprehensive Plan, as discussed above. This
request for an RPD acreage reduction is further justified because several RPD
approvals with less than 10 acres have been approved in this same area with
waivers to this same provision. These waivers have consistently been supported
by staff and approved by the City Commission on numerous occasions.
Therefore granting of the requested waiver will allow the applicant the same
ability as provided to other similar requests, to derive the benefits of the
planned development district on a smaller sized property. Furthermore, there
will be no negative impacts generated by assigning an RPD zoning designation
to the requested lot size.
2) Section 94-241 Table VIII-1 Note 9) - to reduce the required side and front setbacks:
Section 94-207 (c) (4) provides that, unless otherwise established in the RPD ordinance (as is
proposed with this request), residential buildings shall be located at least 20 feet from any
outermost perimeter property line of a residential planned development district or any public
right-of-way. Excluding residential structures, other structures or buildings shall be located at
least 40 feet from any property line of a RPD or any public right-of-way.
ZLDR Section 92-207, Planned Development (PD) District regulations allows for setback waivers.
The City has determined that the underlying MF 32 zoning establishes the standard base
setbacks for structures over 40 feet in height. Therefore, RPD waiver requests are based on
MF32 setbacks that require one (1) foot of setback for every two (2) feet of height pursuant to
Section 94-241, Table VIII-1 Note 9 of the ZLDRs for the side and rear setbacks.
REQUESTED SETBACK WAIVERS
Section 94-241 Required Proposed Tower Setback Waiver Requested

Table VIII Setback* - indicate decreased setback
+ indicate increased setback
PB 1799 & 1799A - 25

(FRONT SETBACK) 25’-0” Lobby (Level 1) 229’-0” + 204’-0” (no waiver)
East– Flagler Amenity Deck (Level 2) 169’-3” + 144’-3” (no waiver)
Frontage Amenity (Level 3) 231’-7” + 206’-7” (no waiver)
Tower (Levels 4 - 24) 184’-6” + 159’-6” (no waiver)
(SIDE SETBACK) 20’ - 0” Retaining walls 5’- 0” -15’ -0” (max.
North Side 150’-0” Lobby (Level 1) 58’-6” waiver)
Amenity Deck (Level 2) 36’-10” -91’-5” (waiver)
Amenity (Level 3) 47’-6” -113’- 2” (max.
Tower (Levels 4 - 24) 47’-6” waiver)
-102’-6” (waiver)
-102’-6” (waiver)
(SIDE SETBACK) 20’- 0” Retaining walls 10’- 0” -10’ -0” (max.
South Side* 150’-0” Lobby (Level 1) 43’-5” waiver)
Amenity Deck (Level 2) 21’-10” -106’-7” (waiver)
Amenity (Level 3) 32’-6” -129’-2” (max.
Tower (Levels 4 - 24) 32’-6” waiver)
-117’-6” (waiver)
-117’-6” (waiver)
(FRONT SETBACK) 25’-0” Lobby (Level 1) 29’-0” + 4’-0” (no waiver)
West – Currie Amenity Deck (Level 2) 15’-4” -9’-8” (max.
Crescent Amenity (Level 3) 20’-7” waiver)
Frontage Tower (Levels 4 - 24) 20’-7” -4’-5” (waiver)
-4’-5” (waiver)
(SIDE SETBACK) 20’-0” Driveway ramp retaining wall - -10’ - 0” (max.
North - Side 10’-0” waiver)
Interior
(SIDE SETBACK) 20’-0” Retaining walls 10’-0” -10’- 0” (max.
East - Side Interior 150’-0” Lobby (Level 1) 70’-2” waiver)
150’-0” Amenity Deck (Level 2) 10’ - 1” -79’-10” (waiver)
150’-0” Amenity (Level 3) 72’-4” -139’-11” (max.
150’-0” Tower (Levels 4 - 24) 35’-0” waiver)
-77’-8” (waiver)
-115’-0” (waiver)
* For structures over 40 feet in height one (1) foot of setback for each two (2) feet in
height for sides and rear setbacks.
The proposed setback waivers result from the innovative building design that minimizes
potential impacts to the surrounding area. These innovative design efforts resulted in the
proposed narrow profile, two unit per floor design, with all required parking below grade. The
proposed floor plate is designed to accommodate two units with floor area similar to a typical
family estate home, and the proposed innovative two unit single core floor plate enables the
building’s tower floorplate to remain less than 22 % of the overall lot area, which in turn
minimizes the visual impacts of the structure’s height. This innovative design takes the existing
26 - PB 1799 & 1799A

Trianon and the Flagler Drive waterfront property existing layouts and their built conditions
into consideration.
To address these existing conditions, the applicant significantly limited the propose building
foot print area to create a slender non-imposing mass above grade. To do this the designers
utilized the natural slope and proposed grading of the site to conceal the entire parking garage
underground and out of sight at the rear part of the property where the ground elevation is at
its’ highest. This enabled the entire garage to be set below the proposed final grade of the site.
The designers then elevated the amenity pool deck above the lobby and then expanded the
amenity floor plate slightly to allow light and air onto the pool and outdoor amenity areas. This
expanded amenity floor plate also serves as a covered Porte Cochere at the buildings entrance
below. The maximum building footprint occurs at the amenity deck at level 2 approximately 22
feet above grade and its’ 17,805 sf floor plate is approximately 29.6 % of the overall lot area.
The expanded floorplate includes an architectural sculpted bullnose component around its’
perimeter that integrates large planters around the amenity deck intended to provide for
additional trees and shrub plantings to further soften the visual impacts of this expanded level.
The buildings floor plates rising above the amenity deck (L4-L-24) were then reduced in size, to
produce average gross floor area of 12,835 sf, including the balconies. This reduced floor plate
allows the tower portion to stay below 22% of the overall lot area. This small footprint was
pushed as far back from the waterfront as feasible. This innovative design approach protects
100% of the Trianon view corridors. Therefore the unit owners should not be able to see the
proposed building within the existing waterfront view sheds currently provided from inside
their units, nor will they have to deal with the proposed buildings’ shadow on their outdoor
amenities.
This innovative, increased front setback also provides a significantly larger greenspace on the
South Flagler frontage while protecting 100% of the existing waterfront views from both
structures on the property to the north. Additionally, in areas where there is an interior setback
required from that parcel, the design further limits its’ impacts on adjacent properties by
placing the proposed tower structure entirely behind that parcel, and by surrounding both its’
west and south property lines with a ten-foot wide terraced landscape buffer. This interior
buffer will have a 6’ wide, lushly planted landscape planter on the outside of a retaining wall to
create an additional private buffer area.
3) Section 94-302(b)(1) to allow fencing and hedges to be higher than 4 feet in the Currie
Crescent and to permit three (3) eight foot tall fence columns in the S. Flagler Drive front
yard area:
The project has dual frontage on two different right of ways and its’ functional rear side on the
second frontage is treated like a front yard in ZLDRs. Since the buildings’ functional rear side
requires a variety of utilitarian and building operational functions (i.e., utility connections, fire
rooms, FPL vaults, trash and loading area) that must be screened from view, a waiver is
proposed to allow the proposed hedge, fencing and decorative gates to exceed 4 feet within
the Currie Crescent frontage to permit adequate screening of these required functions.
PB 1799 & 1799A - 27

In addition the applicant is requesting the ability to have three (3) six (6’) foot high fence
columns encroach into the Flagler front yard setback. The applicant is also requesting the ability
to add lanterns / light fixtures on the top of these three columns. These column combined with
the lantern feature will not exceed 8 feet in height. These columns are intended to delineate
and frame the formal entrance on Flagler. The columns are all set back a minimum of 10 feet
behind the required landscape buffer to separate them from the pedestrian sidewalk. The
additional height is required to maintain sufficient scale and symmetry to proposed residential
tower and sloping driveway.
4) Section 94-312(1) (a) to allow two access points instead of one:
To minimize the number of driveway accessing public streets, thereby reducing the number of
pedestrian / vehicular conflicts on the side walk and providing better traffic management, the
City ZLDRs limit residential development of 75 units or less to a maximum of one (1) ingress/
egress point per each adjacent ROW.
The site has frontage on two streets and both streets include two existing curb cuts each. The
proposed design includes a single main grand entrance on South Flagler Drive providing the
primary access to the site. This access point has been designed to function as a one-way
circular drive. The proposed 12’-6’ wide driveways are separated by a 13’-6’ planted median
with a cascading water feature in the middle of it. A pedestrian safe haven is provided at the
projects frontage at the end of the median and water feature to provide a safe level area for
pedestrians to stop and visually assess conditions before crossing either of the proposed one-
way driveways. In addition the planted landscape median has been extended into the right of
way east of the side walk at the entrance to further reduce the visual impacts of the proposed
curb cuts.
A primary access point to Curie Crescent is proposed to provide an alternative one way means
of egress to Currie Crescent if South Flagler Drive should become obstructed for any reason.
This southern service drive can also be closed off so it can used to stage delivery and service
vehicles as needed. The second proposed Currie Crescent access point is the subject of the
waiver, this second access point is intended to provide limited gated access to the service area
including the entrance to the internal move in and trash storage areas, the FPL fault, utility
yard, fire control rooms, and other site-specific utilities. This limited gated access point will
remain closed at all times when not in supervised use. Because the primary access is limited to
egress only, the addition of a second limited gated access point of this nature will not
negatively impact pedestrian circulation along the site perimeter. Therefore, the intent of the
proposed waived ZLDR provision is still maintained.
5) Section 94-312(2) (a) to decrease separation between access points:
The ZLDRs require a 125’ between two-way driveways. The project Currie Crescent frontage is
approximately 185’ wide. Presently are two existing two-way access point separated only by
28 - PB 1799 & 1799A

22’. The proposed plans limits the southern access point to a one-way egress to Currie Crescent
and the other accesses point will be gated to provide only limited assisted access only. It will
remain closed when not in supervised use. The separation between these two new access
points has been increased to provide 69’-11” between the proposed one-way egress drive and
the gated loading access. Therefore a waiver to reduce the required separation from 125’ to
69’-11” is proposed.
6) Section 94-485 (j) and (m) to allow a loading dock operation and procedure plan to
substitute for the onsite maneuvering requirement in the ZLDRs. Allowing for limited
assisted back in access from a right of way (vehicles to enter right of way in forward motion
only)
The applicant proposes to seek a waiver from the onsite maneuvering requirement to allow a
loading dock operation and procedure plan to substitute for the onsite maneuvering
requirement in the ZLDRs. The applicant proposes the following operation and procedures:
 There will be full time staff devoted to deliveries;
 The loading area will be video monitored 24 hours a day and staff can be summoned
quickly (less than two minutes to open the gate and assist drivers backing in during
business hours. The gate will be remotely automated to speed up the process;
 deliveries are by appointment only and will be scheduled by staff in advance. Full
instruction will also be provided to delivery drivers;
 A sign will be posted on the gate with phone number to call gain access (other
communication systems may be provided);
 In the event a delivery vehicle has not scheduled and appointment in advance the
delivery vehicle may enter onto the property from the Flagler Drive entrance and drive
onto the southern driveway to park the vehicle and come into the building for
assistance (see sheet c9.01 for auto turn info). The vehicle can then can exit onto
Currie cressets to be assisted back into the gated loading area.
 The delivery vehicle will then be able to enter Currie Cresset right of way in a forward
motion.
The waiver will cause not cause any negative impacts because the proposed loading berth will
only be used and operated pursuant to the proposed operation and procedure plan that
ensures the loading area will only be accessible for limited gated supervised use and that all
vehicles reentering Currie Crescent afterwards will do so in a forward motion as intended by
the ZLDRs. The impacts of the waiver are further reduced because this proposed gated internal
loading berth is located off of Currie Crescent which is a 2 way secondary loop street that
PB 1799 & 1799A - 29

provides limited access to the church, proposed project, and the dormitories located south of
the project. Therefore, the wavier to allow the proposed loading dock operation and procedure
plan to substitute for the onsite maneuvering requirement will not cause negative impacts to
any of the existing uses presently being served by the Currie Crescent right or way. Additionally
the waiver request will not impact any other right of ways that provides thru traffic to the
general public.
PROPOSED PARKING GARAGE DISTRIBUTION:
Ground Level = 3 Spaces
3 Valet Staging Spaces
Basement Level B1 = 31 Parking Spaces
26 Residential Spaces Including 1 HC Van Accessible Spaces;

5 Guest Spaces
Basement Level B2 = 99 Parking Spaces
70 Residential Spaces Including 2 EV; 1 Compact ; and, 4 HC Spaces

22 Valet Only (11 Tandems)
2 Town Car Spaces
5 Employee Spaces
Combined Total = 133 Including, 2 Town Cars, and 25 Valet Spaces
91 Residential Spaces
5 HC
5 Guest
5 Employee
2 Residential Town Cars
25 Valet Spaces
22 (11 Tandem Spaces)
3 (Surface Staging)
Bike Parking
7 Resident (1 Per 20 Parking Spaces)

2 Employee
Loading Berths
30 - PB 1799 & 1799A

1 Indoor
PARKING RATIOS:
2.29 Parking Spaces Per Unit Excluding Valet, Guest, Employee, and Town Car Parking.
2.88 Parking Spaces Per Unit Including Valet, Excluding Guest, Employee, and Residential
Town Car Parking.
0.57 Parking Spaces Per Bed Room Excluding Valet, Guest, Employee, and Residential
Town Car Parking.
0.72 Spaces Per Bedroom Room Including Valet Excluding Guest, Employee, and
Residential Town Car Parking.
TRAFFIC STANDARDS:
The proposed project is exempt from County traffic standards pursuant to the adopted Traffic
Concurrency rules because this is an urban residential project located East of I-95.
The City requests that Applicants provide a traffic impact study to determine if the project meets
the adopted Citywide traffic performance standards, including the traffic standard concurrency
requirements from which the Project is exempt. The traffic impact study included with this
application shows that the Project meets or exceeds all of these applicable traffic standards and
rules.
The TPS vested traffic generated from the previous development on the site is 157 ADTs. The
Project will generate 279 average daily trips (ADTs) from the 42 multi-family units, a net increase
of 124 average daily trips with 16 total A.M. and 12 total P.M. peak hour trips. This change
represents an insignificant increase in total average daily traffic with a marginally higher total
A.M. and P.M. peak hour volumes.
However, the historic traffic generated from the proposed development site was 275 ADT’s prior
to the demolition of the prior structures and uses on the 1311 South Flagler Drive site. When the
Project is compared to the actual historic use, the overall traffic impact for the Project is
significantly less in that the new proposed plan represents a net increase of only 4 average daily
trips and + 8 total A.M. peak hour trips and -1 total P.M. peak hour trips.
Additionally, the Project will now have access to both South Flagler Drive and Currie Crescent,
enabling the trips to be distributed more efficiently on local roadways thereby further reducing
the impacts of projects’ traffic.
At build out, the Project’s related traffic will not change the existing level of service for any of the
affected road segments or intersections serving the project. Additionally the report shows that
the proposed use will not cause any significant traffic impacts at any of the measured
PB 1799 & 1799A - 31

intersections surrounding the property. Therefore, the Project meets or exceeds all required and
applicable traffic standards and rules.
REZONING AND AMENDMENT STANDARDS, ZLDR SECTION 94-32(A):
The standards for rezoning are set forth below in with the Applicants’ comments following.
1) Whether the proposed amendment is consistent with all elements of the city
comprehensive plan.
The Subject Property’s existing POR zoning is inconsistent with its MF future land use
designation, the Subject Property must be rezoned to a district consistent with its
existing MF future land use. The proposed rezoning to an RPD would correct the existing
inconsistency between the POR zoning designation and the MF Future Land Use
designation. This correction enables the property to be developed consistent with it
future land use designation thereby advancing the goals, objectives, and policies of the
City’s Comprehensive Plan.
The request is consistent with all elements of the City’s Comprehensive Plan
(“Plan”).The following objectives and policies are applicable to this request:
a) Objective 1.7
“Objective 1.7: Upon the adoption of this Plan, all future development and
redevelopment in the City shall be directed in accordance with the Goals, Objectives and
Policies outlined in this Element, consistent with the City’s Future Land Use Map, and
with the option of utilizing innovative planned development regulations and with
incentives to encourage the use of such regulations.”
The above Objective explicitly provides for the ability to utilize innovative planned
development regulations. The Applicant’s request to amend the existing zoning to an
RPD is consistent with the innovative planned development regulations and Policies
found within the Zoning Code and Comprehensive Plan.
b) Policy 1.7.1
Policy 1.7.1 that states, “The City shall continue to allow for innovative designs and the
efficient use of land, such as the practice of permitting Planned Developments (PDs) and
zero lot line developments. Incentives for PDs shall include:
1) Relaxing of height, setback or other dimensional requirements.

2) Allowing an increase in density and/or floor area ratio.
32 - PB 1799 & 1799A

3) Permitting uses or a mixture of uses not normally permitted in the
underlying zoning district.”
This Policy clearly provides the opportunity to implement an innovative design to allow
the RPD to develop uses at higher intensities and densities than what could be built in a
standard zoning district. Various innovative design elements are set forth above. The
proposed increase in overall density is consistent with the Policy 1.1.3 density cap
embedded into the Comprehensive Plan, as well as the other RPD multifamily
developments approved east of Interstate 95, (i.e., Bristol, 1515, Flagler Point, The
Jefferson, One Watermark Towers, The Slade, Villa Lofts, and the Strand) as well as other
existing projects within direct proximity of the Project.
c) Policy 1.1.3
“Policy 1.1.3: The following Future Land Designations and their associated densities and
intensities shall be utilized to guide the future growth and development in the City:
(MF only provided for brevity):
INTENSITY -
FUTURE LAND USE DENSITY (DWELLING
FLOOR AREA
DESIGNATION UNIT/GROSS ACRE)
RATIO (FAR)
Multifamily (MF) 14.52 TO 32.27 **
**For the Multi-Family (MF) Future Land Use Designations, limited commercial uses that
do not develop greater than 5% if the total project square footage may be permitted [in
limited circumstances].
MF residential land use is governed by density. Limited commercial is permitted, but

not relevant to this application. The density is within the proposed range. Floor Area
Ratio (“FAR”) is not applicable to residential land uses. Regarding the units per acre
shown above for Multifamily, Policy 1.7.1, discussed above, also provides for support for
Planned Development incentives.
d) Objective 1.6
“Objective 1.6: All development orders and permits shall be issued only if the necessary
public facilities and services needed to maintain the level of service standards adopted in
this Plan are available or will be in place when the impacts of development occur.”
The amendment to increase the residential dwelling unit count to 42 has been reviewed
by all required public facility providers and has received all required concurrency
approvals. These concurrency approvals provide the assurances that capacity is
PB 1799 & 1799A - 33

available and that the use of this capacity will not negatively impact level of service
standards.
Additionally, residential development is exempt from concurrency and traffic

performance standards of the Code and is supported by the Comprehensive Plan Policies
and Objectives that are designed to promote the City Vision of providing diversity in
housing types and sizes, increasing the residential density in and near the Downtown
(supported by the TCEA), improving the population density of the eastern core, providing
all the necessary ingredients for a livable workable City. Higher density projects allow
larger populations to live and work within the City; will create the “24-hour” activities
center the City has been seeking for its Downtown and surrounding areas; and will
create an income base which will support the existing and anticipated retail and
commercial development in the Downtown and Dixie Highway Commercial Districts.
Luxury high-rise RPD projects also generate some of the highest ad valorem tax income
per acre of development aiding in the economic stimulus and vitality of the City. The RPD
if approved will result in significant increases in tax revenue to the City.
g) Objective 1.8
“Objective 1.8: The City shall continue to expand its tax base by promoting the
expansion of existing and new businesses, redevelopment activities and annexations.”
Approval of this RPD request will confirm the City’s commitment to this Objective,
specifically redevelopment activities, and allow the Applicant to redevelop the Subject
Property, which will result in a substantial increase annual ad valorem tax generated by
this presently underutilized property. According to the Economic Impact Analysis
prepared by Thomson Consulting included with this application, the Project is expected
to generate 9 direct and 19 indirect permanent jobs that are projected to produce an
economic impact of $2.66 Million dollars annually. The Project will create more than $63
Million in net marginal household income to the area in turn generating more than
$1.45 Million in marginal retail expenditures by residents within on mile of the project
annually that will directly support existing and new businesses in the City. As compared
to the existing use the project when completed will generate an increase of $1.817
Million to the annual ad valorem taxes.
h) Policy 1.10.2
“Policy 1.10.2: The City shall continue to ensure that Flagler Drive is preserved for the
aesthetic qualities it possesses.”
The Applicant’s innovative approach of significantly increasing the required setback

from Flagler Drive has enable them to create a site design that compliments the
aesthetic greenspace qualities of Flagler Drive.
2) Whether there exist changed conditions, which require an amendment.
34 - PB 1799 & 1799A

The expansion and consolidation of the surrounding campus development around the
subject site and changes in the densities permitted in the POR district represent some of
the changed conditions necessitating the amendment. The Property’s inconsistent
zoning with its underlying Comprehensive Plan Designation further necessitates the
need for a rezoning. Additionally, the onset of the market trend of locating a residential
condominium project near established universities and religious campuses creating
opportunities for residents to live near the arts and other cultural campus resources has
an impact on this site.
The Applicant’s rezoning request is consistent with action previously taken by the City in
which it approved other similar RPDs based on innovative land planning and
development techniques. PBAU just recently processed an amendment to their CSPD
removing two more MF zoned sites with the ability to have 42 units. The Applicant’s
request to redevelop 42 units will ensure the units lost in the last amendment will be
added back to the area, thereby helping to maintain the areas balance in land use.
3) Whether the proposed amendment is in conformance with all applicable portions of

the city development code.
The proposed amendment is in conformance with all applicable sections and provisions
of the City development code. Section 94-207 (a)(1) specifically encourages innovative
land planning and development techniques proposed by the applicant and states that
relaxing or wavering certain specific criteria is both allowed and permitted by code as a
type of incentive approved by the City Commission.
Additionally the Applicant has taken staffs’ prior concerns about the mass and F.A.R. of
multifamily structures being too large. Therefore, the applicant chose to place the
required parking completely below grade and limited the building’s tower element to
less than 22 % of the lot area. These two innovative design elements significantly
reduced the building’s visual mass and F.A.R. These expensive and innovative design
features resulted in a significant reduction in the building’s perceived mass (volume)
above grade and plays an integral part in improving the building’s connection to the
street and its visual aesthetics.
As stated in both the ZLDRs and Comprehensive Plan, the intent of Residential Planned
Developments is to encourage through incentives, the use of innovative land planning
and development techniques to create more desirable and attractive development in
the city.
The purpose of this section is to allow the City Commission to determine the actual
regulations for each PD based on its findings of innovative design and how those specific
regulations ensure that the proposed design intent is met and is consistent and
PB 1799 & 1799A - 35

compatible with the surroundings area. As discussed, the Project incorporates many of
the Design Guidelines promoted by the City Planning Department.
Additionally, RPD Section 94-207(b)(2) clearly states that all the provisions of the RPD
Section shall apply generally to the creation and regulation of all planned development
districts. It also goes on to state that “where conflicts exist between these special
planned development provisions and general zoning, subdivision, or other applicable
regulations, these special regulations shall apply.”
4) Whether and the extent to which the proposed amendment is inconsistent with existing
and proposed land uses.
Unlike the existing POR zoning, the proposed rezoning to MF 32 concurrent to an RPD is
consistent with existing and proposed land uses.
The MF land use category allows a standard maximum 32.27 dwelling units per acre.
The proposed RPD with 30.42 dwelling units per acre is within the permitted MF range
provided in the Comprehensive Plan Future Land Use Element.
Therefore, the proposed zoning amendment to be an RPD to increase the density

remains consistent with the Multifamily (“MF”) land use because it is within the range
identified in Policy 1.1.3. The redevelopment of the site with 42 dwelling units is
consistent with all of the new high-rise multifamily development that has occurred in
West Palm Beach in the last fifteen years, and is also consistent with the existing land
use pattern that has dominated the multifamily zoned properties located within
Intracoastal areas over the past thirty plus years.
5) Whether and the extent to which the proposed amendment would exceed the capacity
of public facilities, including but not limited to transportation, sewerage, water supply,
parks, fire, police, drainage, schools, and emergency medical facilities.
The proposed amendment would not exceed the capacity of public facilities, including
but not limited to transportation, sewerage, water supply, parks, fire, police, drainage,
schools, and emergency medical facilities. The Project, as proposed, meets or exceeds
concurrency requirements set forth by the City, County, and State. The proposed RPD
demand to infrastructure can be handled by the existing capacity available without
causing any burden to the existing services.
6) Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
36 - PB 1799 & 1799A

The proposed amendment would not result in significantly adverse impacts on the
natural environment. The Subject Property was previously developed with more than
75 % of the site devoted to impervious area with 100% of the parking exposed at the
ground level, creating significantly more heat island effect and storm runoff. This prior
development was outdated and used inefficient building systems that used significantly
more energy and water. The redevelopment of the Subject Property, as proposed, with
100% of the required parking located below grade with significantly more landscape
areas and trees, will be beneficial to the natural environment.
7) Whether and the extent to which the proposed amendment would adversely affect
property values in the area.
The proposed concurrent rezoning to an RPD together with the proposed

redevelopment of the site will have a positive effect on the surrounding area. This is
achieved from the expected increase in the property values of surrounding properties
because the project will establish significantly higher comparable prices in the
immediate area. Since the Project will create, more than $63 million in net marginal
household income to the area generating more than $1.415 million in annual house
hold retail expenditures by residents within one mile of the project that will directly
support existing and new businesses in the City. As compared to the existing use, the
project when completed will generate an increase of $1.817 million dollars to the
annual ad valorem taxes, thereby directly meeting this Objective.
8) Whether and the extent to which the proposed amendment would result in an orderly
and logical development pattern, and the specific identification of any negative effects
on such pattern.
The proposed rezoning to MF 32 concurrent to an RPD results in an orderly and logical

development pattern that is consistent with other similar RPDs in the immediate area.
The redevelopment of the Subject Property is consistent with other recent approvals in
the area. The propose RPD development does not alter the existing development
pattern, which has been in place for over thirty years. Rather, it is consistent with the
existing development pattern as indicated in the surrounding neighborhood comparison
chart below.
NEIGHBORHOOD
UNITS, PROJECT AREA, AND DENSITY COMPARISON
BUILDING UNITS PROJECT AREA DENSITY

1515 84 2.45 35.43
NORTON PLACE 64 0.87 73.23
VIKING ARMS 87 1.56 55.87
THE ARKONA 119 2.05 58.55
PB 1799 & 1799A - 37

RAPALLO NORTH 156 4.03 38.73
TRIANON 114 1.8 63.33
BRISTOL 75 3.21 23.36
PROPOSED
PROJECT 42 1.38 30.43
Professional Certification:
 Urban Planning – Carlton Fields - Joseph Verdone, AICP, APA ID #104987

 Landscape Architecture – ESDA
 Architect – Arquitectonica
 Kimley-Horne and Associates Professional Engineers
38 - PB 1799 & 1799A

ATTACHMENT II
Site Plan – Tower Outline in Red
PB 1799 & 1799A - 39

ATTACHMENT III
Elevation - North
40 - PB 1799 & 1799A

ATTACHMENT III (cont.)
Elevation - South
PB 1799 & 1799A - 41

Elevation - East
42 - PB 1799 & 1799A

Elevation – West
PB 1799 & 1799A - 43

ATTACHMENT IV
Landscape Plan
44 - PB 1799 & 1799A

ATTACHMENT V
Public Open Space Rendering
PB 1799 & 1799A - 45

ATTACHMENT VI
Currie Crescent Street View
46 - PB 1799 & 1799A

ATTACHMENT VII
Entry Drive Rendering
PB 1799 & 1799A - 47

ATTACHMENT VIII
Perimeter Sections
48 - PB 1799 & 1799A

ATTACHMENT IX
Acacia Road Rendering – East Toward South Flagler Drive
PB 1799 & 1799A - 49

ATTACHMENT X
Acacia Road Transformers
Install transformer at location of red box to move away from the existing building.
50 - PB 1799 & 1799A

ATTACHMENT XII
Section 94-32 – Rezoning Standards
POR to MF32
In reviewing a proposed rezoning, Section 94-32 of the City’s Zoning and Land Development
Regulations requires that the Planning Board consider all of the following:
1. Whether the proposed rezoning is consistent with all elements of the City of West Beach
Comprehensive Plan.
Findings COMPLIES
The rezoning is consistent with all elements of the Comprehensive Plan. The Multifamily
High Density (MF32) Residential is a zoning category permitted within the Multifamily
(MF) Future Land Use designation.
2. Whether there exist changed conditions that require a rezoning.
Findings COMPLIES
The three parcels included in this application include a one-story office building, a vacant lot
and a parking lot. These three parcels are underutilized based on the Multifamily Future
Land Use which permits up to 32 dwelling units per acre. While the Professional Office
Residential (POR) zoning permits both multifamily and office uses, the trend along this
section of South Flagler Drive is for residential development, not office development (Ex. the
Bristol and 1515 Flagler). The conversion of this parcel from POR, which permits 14
dwelling units per acre, to MF32, which permits 32 dwelling units per acre, maximizes the
residential density permitted on this parcel, which is consistent with the recent residential
trend.
3. Whether the proposed rezoning is in conformance with all applicable portions of the
City Development Code.
Findings COMPLIES
Rezoning the site from POR to MF32 is in compliance with the City Development Code.
4. Whether and the extent to which the proposed rezoning is inconsistent with existing and
proposed land use.
Findings COMPLIES
The MF32 zoning is consistent with the other residential projects in the area and it is not
inconsistent with the neighboring office properties, the churches or Palm Beach Atlantic
University.
PB 1799 & 1799A - 51

5. Whether and the extent to which the proposed amendment would exceed the capacity of
public facilities, including but not limited to transportation, sewerage, water supply,
Findings COMPLIES
The rezoning from POR to MF32 will not result in the capacity of public facilities to be
exceeded.
6. Whether and the extent to which the proposed amendment would result in significant
Findings COMPLIES
The three parcels contain an office building with a parking lot, a parking lot and a vacant
parcel that is mostly devoid of landscape. Redevelopment of the site will improve the natural
environment.
7. Whether and to the extent to which the proposed amendment would adversely affect
Findings COMPLIES
The rezoning of the site from POR to MF32 to permit future development should not
adversely affect property values in the area. The property today has a combined value of
$6.3 million. The MF32 zoning designation permits 42 dwelling units on the site. The
Economic Report submitted by the applicant as part of the application sets an average price
point for the 42 units at $5.256 million per unit, which will result in an increase to
surrounding property values.
8. Whether and the extent to which the proposed amendment would result in an orderly
and logical development pattern and the specific identification of any negative effects on
such pattern.
Findings COMPLIES
The rezoning of the site to MF32 follows the development pattern that has occurred with the
original rezoning of the Bristol from Community Service (CS) to MF32.
52 - PB 1799 & 1799A

ATTACHMENT XI
Section 94-32 – Rezoning Standards
MF32 to RPD
In reviewing a proposed rezoning, Section 94-32 of the City’s Zoning and Land Development
Regulations requires that the Planning Board consider all of the following:
1. Whether the proposed rezoning is consistent with all elements of the City of West Beach
Comprehensive Plan.
Findings COMPLIES
The rezoning is consistent with all elements of the Comprehensive Plan. Residential Planned
Development (RPD) is a zoning category permitted within the Multifamily (MF) Future Land
Use designation. The proposed project will not exceed 32 dwelling units per acre.
2. Whether there exist changed conditions that require a rezoning.
Findings COMPLIES
The three parcels included in this application include a one-story office building, a vacant lot
and a parking lot. These three parcels are underutilized. The two recent residential buildings
approved for this portion of South Flagler Drive include the Bristol and 1515 Flagler. Both
of these buildings are luxury condominium towers that cater to a market niche that is
developing in West Palm Beach.
3. Whether the proposed rezoning is in conformance with all applicable portions of the
City Development Code.
Findings COMPLIES IF WAIVERS APPROVED
The proposed development does not meet the following portions of the City Development
Code:
1) Section 94-207(c)(2) Required RPD acreage - 10 acres required, 1.29 acres (upland)
requested
2) Section 94-77(a)(2)a. Front setback (Currie Crescent) – 25 feet required, see Setback
Waiver Table for requests
3) Section 94-77(a)(3) Height/setback - 50 feet required, see Setback Waiver Table for
requests
4) Section 94-302(b)(1) Fence Height (front yard) – maximum 4 foot tall permitted,
maximum 6 foot tall requested
5) Section 94-485(j)(1) Loading Space Ingress/Egress – Backing onto street not permitted,
Requesting to use Currie Crescent for maneuvering
6) Section 94-312(1)a. Number of Access Points – One permitted, Two requested
PB 1799 & 1799A - 53

7) Section 94-312(2)a. Separation of Access Points – Minimum 125 feet required, 69 feet
requested
8) Section 94-302(b)(1) Fence Height (side yard) – maximum 6 foot tall permitted, varies
(maximum 14 foot tall) requested
The project includes a number of design elements and mitigation features to offset the
requested waivers. These include the reconstruction of Acacia Road, a public open space
along South Flagler Drive, improvements to Currie Crescent and sustainability initiatives.
4. Whether and the extent to which the proposed rezoning is inconsistent with existing and
proposed land use.
Findings COMPLIES IF CONDITIONS APPROVED
The surrounding properties consist of two churches, Palm Beach Atlantic University dorms, a
dentist office with accessory apartments and an office building. A residential tower is not
inconsistent with these uses. The specific design of the site with the landscape buffers and
other public improvements mitigate the waivers included for the design of the building.
5. Whether and the extent to which the proposed amendment would exceed the capacity of
public facilities, including but not limited to transportation, sewerage, water supply,
Findings COMPLIES
The development of the site includes the reconstruction of water and sewer lines, which will
improve service in the area. The project will be contributing to the City’s transportation
demand mitigation initiative. The Palm Beach County School Board has approved the school
concurrency application.
6. Whether and the extent to which the proposed amendment would result in significant
Findings COMPLIES
The three parcels contain an office building with a parking lot, a parking lot and a vacant
parcel that is mostly devoid of landscape. The proposed site development includes landscape
that will improve the existing natural environment conditions.
54 - PB 1799 & 1799A

7. Whether and to the extent to which the proposed amendment would adversely affect
Findings COMPLIES
The redevelopment of the site with a new luxury residential condominium should help
property values by removing the underutilized properties and potentially raising the value of
the units in the area.
8. Whether and the extent to which the proposed amendment would result in an orderly
and logical development pattern and the specific identification of any negative effects on
such pattern.
Findings COMPLIES
The development of the site with a luxury condominium tower continues the development
pattern along South Flagler Drive that was started with the approval of the 1515 Flagler
project and continued with the approval of the Bristol.
PB 1799 & 1799A - 55

ACM 22281 Ordinance No 4824 19

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ACM 22281 Ordinance No 4824 19

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City Commission Agenda Cover Memorandum

Originating Department: Meeting Type: Advertised: ACM#:

Discussion of Resolution No. 13-19: The establishment of the development regulations,

Ordinance No. 4825-19: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY

ACREAGE WAIVER, TO CREATE THE 1309 SOUTH FLAGLER DRIVE

Resolution No. 13-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY

DISCUSS Resolution No. 13-19.

Exterior Site Features

Current Year: Annualized: Budgeted: Unbudgeted: Funding Source:

Comment: No fiscal impact.

Electronic Attachments: Click here for assistance with naming convention.

Is this ACM related to a Grant? Yes No

Is this ACM related to Housing? Yes No

Originating Department - Approved by: Angella Jones-Vann on 01/17/2019

01/17/2019 City Attorney's Department

01/17/2019 Asst. City Administrator

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY

A. Consistency with Comprehensive Plan - The rezoning is consistent with all

B. Changed Conditions - The three parcels included in this application include a

to 32 dwelling units per acre. While the Professional Office Residential

F. Natural Resources - The three parcels contain an office building with a

SECTION 4: This Ordinance shall take effect in accordance with law.

Rezoning Boundary outlined in black.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM

WHEREAS, the Planning Board recommended approval (5-0) of the development

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY

a. Waiver from the requirement of Section 94-77(a)(2)a Front setback (Currie

A. Consistency with Comprehensive Plan. The request is consistent with all

c. Record maintenance and public access agreements acceptable to the City’s

i. All requirements of paragraph 16 have been complied with.

7. Mechanical Equipment Screening: All mechanical or other equipment shall be screened

18. Commencement of Development: The new development approved hereby shall be

SECTION 7: This Resolution shall take effect in accordance with law.

Required front setback along Currie Crescent = 25 feet

SETBACK WAIVER TABLE

A. Consistency with Comprehensive Plan - The rezoning is consistent with all

B. Changed Conditions - The three parcels included in this application include a

C. Consistency with Land Development Code - The proposed RPD zoning is

F. Natural Resources – The three parcels contain an office building with a

G. Property Values - The redevelopment of the site with a new luxury

H. Logical Development Pattern - The RPD zoning follows the development

SECTION 6: If the development approved by Resolution No. 13-19 terminates or

SECTION 7: This Ordinance shall take effect in accordance with law.

Rezoning Boundary outlined in black.

1309 South Flagler Residential Planned Development (RPD)

Site outlined in white.

PB 1799: A rezoning from a Professional Office Residential (POR) zoning designation to a

PB 1799 & 1799A - 1

PB 1799A – Waivers - Staff recommends approving the requested waivers.

2. Revise the building/previous/impervious areas on the Landscape Plans (Sheet L1.04)

2 - PB 1799 & 1799A

4. Prior to the Certificate of Occupancy for the building:

PB 1799 & 1799A - 3

5. The Plaza parking must be signed “Valet Only”.