Legislation Details

File #: 26-0863    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 7/1/2026 In control: City Commission
On agenda: 8/18/2026 Final action:
Title: RESOLUTION NO. 117-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE TO ALLOW OUTDOOR DINING AT NIGHT ASSOCIATED WITH RESTAURANTS WITHIN THE FIVE EXISTING HISTORIC STRUCTURES ALONG SOUTH SWINTON AVENUE (BLOCK 61) FOR THE PROJECT KNOWN AS SUNDY VILLAGE, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES AND THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution No.117-26 Sundy Village-Conditional Use, 3. Justification Statements-Sundy Village, 4. HPB SR-Conditional Use-Sundy Village, 5. PZB Staff Report-Sundy Village Outdoor Dining CU, 6. Photographs-Sundy Village, 7. Plans-Sundy Village, 8. Sundy Village Project Approval History, 9. Simple Legal Review Approval Resolution 117-26
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: August 18, 2026

Title
RESOLUTION NO. 117-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE TO ALLOW OUTDOOR DINING AT NIGHT ASSOCIATED WITH RESTAURANTS WITHIN THE FIVE EXISTING HISTORIC STRUCTURES ALONG SOUTH SWINTON AVENUE (BLOCK 61) FOR THE PROJECT KNOWN AS SUNDY VILLAGE, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES AND THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).

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Recommended Action:
Recommendation
Consider a Conditional Use request to allow outdoor dining at night within the five existing historic structures along South Swinton Avenue (Block 61) of the Sundy Village project.

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Background:
The subject property is known as "Sundy Village," which is a unified development project containing 6.9 acres and spanning four city blocks. The site includes all of Block 61, portions of Blocks 69 & 70, and a portion of the Sundy and Cromer block. The site is zoned Old School Square Historic Arts District (OSSHAD) and is located within the locally and nationally designated Old School Square Historic Districts and the Sundy House is also individually listed to the National Register of Historic Places. A full history of the property's approvals is attached.

As part of the project, five historic buildings have been rehabilitated facing S. Swinton Avenue. The subject request is located within OSSHAD which contains mixed use zoning that allows single-family residential and duplexes. As restaurant use for outdoor dining in the daytime is permitted within the zoning district; however, the request to allow outdoor dining to continue operating into nighttime hours requires conditional use approval. This regulation is to ensure that the res...

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