TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning, and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: July 5, 2016
Title
CONDITIONAL USE EXTENSION TO PERMIT OUTDOOR DINING AT NIGHT AT 27-43 SOUTH SWINTON AVENUE, SWINTON SOCIAL, LOCATED WITHIN THE OLD SCHOOL SQUARE HISTORIC DISTRICT. (QUASI-JUDICIAL HEARING)
Body
Recommended Action:
Recommendation
Move a recommendation of approval for the request of a Conditional Use associated with outdoor dining at night for Swinton Social located at 27 - 43 South Swinton Avenue, Old School Square Historic District, and finding that the request, and approval meets criteria set forth in Section 2.4.4(F)(1) & (3) of the Land Development Regulations to be valid an additional 18 months until January 15, 2018, subject to the following conditions:
1. That the Outdoor Dining seating not be expanded in quantity or floor area from what is indicated on the submitted plan;
2. That a Sidewalk Café permit be obtained which indicates no more than the 12 seating areas and 42 seats as indicated on the submitted plans;
3. That the Valet Parking Agreement be accepted by the City Commission prior to issuance of a Building Permit;
4. That a Parking Management Plan be submitted which indicates all travel routes for the valet services to and from the subject location; and,
5. That all outside seating areas subject to this approval shall have hours of operation not exceeding 12am, Sunday through Thursday, and 2am, Friday and Saturday.
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Background:
The subject 0.74-acre project area presently contains four one-story, frame vernacular, single-family dwellings constructed between 1937 and 1950, which have been unoccupied for a number of years and fallen into disrepair. The properties are located within the Old School Square Historic District, and are all classified as contributing. On November 16, 2011, the HPB approved a Certificate of Appropriateness and Class V Site Plan Application for the adaptive reuse of the structures from single-family residential to spa and restaurant uses, known as Swinton Social.
Subsequently, a Conditional Use for outdoor dining at night was approved by the City Commission at its meeting of February 7, 2012. The conditional use request was extended for an additional 24 months at the City Commission meeting of March 18, 2014.
The COA, Site Plan, and Conditional Use approvals are all presently valid until July 15, 2016, as a result of an additional extension granted under Executive Order 15-173 which was issued on August 28, 2015 and declared a State of Emergency in preparation for Tropical Storm Erika.
Outdoor dining at night will be provided in the sidewalk café area (42 seats), the open-air covered dining located interior to the property behind the Kitchen (56 seats), below the roof connecting the Café and Poolside Bar (12 seats), and at the Poolside Bar (25 seats). The hours of operation for the development are provided in the chart below, as they vary between the different uses and spaces:
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Sunday |
Monday |
Tuesday |
Wednesday |
Thursday |
Friday |
Saturday |
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|
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|
|
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Spa |
Daytime Hours Only (Including accessory uses: Juice Bar, Jacuzzi, Swimming Pool) |
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Grille |
8am - 1 hour past sunset |
8am - 2am |
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Café |
10am - 3pm |
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10am- 3pm |
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5pm - 12am |
5pm - 2am |
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Sidewalk Café |
Same as Café (See Above) |
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Poolside Bar |
Same as Café (See Above), when pool is closed. |
Overall, the approved development will bring additional activity to an area of South Swinton Avenue which has not yet benefited from redevelopment. The project has the potential to revitalize South Swinton Avenue which could encourage the adaptive reuse of the historic structures located on the adjacent properties, many of which are presently vacant and falling into disrepair.
The extension requests for the COA and Class V Site Plan will be heard by the Historic Preservation Board at its meeting of July 5, 2016.
Pursuant to LDR Section 2.4.4(F) , Extensions, extensions may be granted to a project approval listed under Sections 2.4.4(E)(1) and (2) pursuant to the following:
(1) General:
(a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date;
(b) The letter must set forth the basis and reason for the extension;
(c) The extension shall be considered by the same body which granted the original approval;
(d) The extension, if granted, shall be for eighteen months unless otherwise stated;
The applicant initially submitted the subject extension request concurrent with the Site Plan Extension request on November 2, 2015, prior to receiving the “State of Emergency” extension. The reason for the request is that construction has not started “due to lack of funding” until the site plan is certified. The applicant has requested a twenty-four month extension, which if approved, would extend the approval to July 15, 2018. The site plan certification is presently pending further review due to amendments to the LDRs since the last review and extension was granted in 2014.
Pursuant to LDR Section 2.4.4(F)(3), Extensions: No Construction, when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following:
(a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements;
(b) Additional submittal information including a new application and copies of previously submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(B);
(d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval.
The project has not yet commenced, and therefore the extension request has been reviewed in accordance with the criteria noted above. Those regulations applicable to the outdoor dining have not been revised since the approval. Any regulations which have been revised since the Site Plan approval are being reviewed accordingly with the Site Plan extension request. LDR Section 2.4.4(B) requires that certain findings be made as set forth in Article 3.1 of the LDRs. These required findings with respect to consistency with the Future Land Use Map, Concurrency, Consistency, and Compliance with the LDRs were all applied to the Site Plan Application, and positive findings were made. Those conditions placed upon the original request remain valid and should continue to be applied to the approval as they address concerns regarding parking and hours of operation.
The applicant has requested an additional twenty-four months; however, Staff recommends that the extension be granted for eighteen months, as specified above, which should be sufficient time to receive building permits and establish the project.
Given the above, positive findings of the extension can be made subject to the original conditions of approval, as approved by the City Commission on February 7, 2012.
City Attorney Review:
Approved as to form and legal sufficiency.