Item 8AAGENDA ITEM #SA
JANUARY 23, 2006
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CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request from DRMP, Inc. on behalf of Dunkin Brands, Inc. for a Waiver+
from Section 24-111 (b) of the Land Development Regulations (the Commercial General District
regulations) to allow a Permitted Use (a Dunkin' Donuts restaurant) to have late hours of
operation for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic
M* Boulevard. Also included is a request for aUse-by-Exception to allow drive-through service.
SUBMITTED BY: Sonya Doerr, AICP ~,~
~'* Community Development Director
DATE: January 12, 2006
BACKGROUND: Dunkin' Donuts will soon be constructing a new location within the City of
Atlantic Beach at Sailfish Drive and Atlantic Boulevard. The site is-within the Commercial
General (CG) Zoning District, and the use is permitted. The owners wish to operate this as a 24-
hour, seven day per week location, and the CG regulations contain the following limitation.
Sec. 24-111. Commercial General Districts. (CG)
(b) Permitted Uses. The typical Uses permitted within the CG Zoning Districts shall not include
manufacturing, warehousing, storage or high intensity commercial activities, or commercial
uses of a regional nature, or such Uses that have the potential for negative impact to
surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late
hours of operation ...
While a 24-hour business would be considered as having extremely late hours of operation, staff
does not believe that a coffee and donut shop is the type of business, which was intended to be
*" limited by this restriction.
The new owners have also requested aUse-by-Exception to allow for drive-through service at
this location. The CG regulations require approval of a. Use-by-Exception for restaurants with
drive-through service where the site contains lanes dedicated solely to drive-through business.
The request will be heard go before the Community Development Board at their January 17th
meeting. Staff will provide the CD Board's recommendation related to the Use-by-Exception at
the January 23rd City Commission meeting.
BUDGET: No budget issues.
RECOIVINIENDATION: Motion to approve a Waiver from Section 24-111 (b) of the Land
~. Development Regulations to allow a Dunkin' Donuts restaurant to have 24-hour business
operations for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic
Boulevard, finding that the requested waiver conforms to the intent and spirit of the Land
~. Development Regulations.
ATTACHMENTS: Application for Waiver from Land Development Regulations and
~. application for Use-by-Exception.
REVIEWED BY CITY MANAGER:
~.
January 23, 2006 regular meeting
AGENDA ITEM #8A
JANUARY 23, 2006
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APPLICATION FOR WAIVER FROM A PROVISION
OF THE LAND DEVELOPMENT REGULATIONS
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233
Phone: (904) 247-5826 FAX (904} 247-5845 http:/1www.coab.us
Date January 12, 2006 File No.
Receipt
Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis,
from a specific provision(s) of these Land Development Regulations when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a
practical impossibility. A Waiver from these Land Development Regulations may be approved only
upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this
Chapter shall be provided, which conforms to the general intent and spirit of these Land
Development Regulations. In considering any request for a Waiver from these Land Development
Regulations, the City Commission may require conditions as appropriate to ensure that the intent of
these Land Development Regulations is enforced. A Waiver shall not modify any requirement or
term customarily considered as a Variance or any requirement or term prohibited as a Variance, and
shall be considered only in cases where alternative administrative procedures are not set for the
within the City Code of Ordinances.
1. Applicant's Name DRMP, Inc. for Dunkin Brands, Inc.
2. Applicant's Address 3611-14 St. Johns Bluff Road South Jacksonville, FL 32225
3. Property Location 719 Atlantic Blvd. (north west corner of Sailfish Drive and Atlantic Blvd.l
4. Property Appraiser's Real Estate Number 177653 0010
5. Current Zoning Classification CG 6. Comprehensive Ptan Future Land Use designation Commercial
7. Requested provision(s) from which waiver is sought: Request for a Waiver from Section 24-111.(bl of the Land
Development Reeulations (the Commercial General District regulations) to allow a Permitted Use (a Dunkin' Donuts
restaurant) to have late hours of operation for a site to be redeveloped at the northwest corner of Sailfish_Drive
and Atlantic Boulevard
8. Size of Parcel 150' x 150' 9. Utility Provider City of Atlantic Beach and JEA
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically
describing how the request complies with the Conditions necessary for the Cit~_Commission to approve this
re nest. Please use second page is additional space is needed.
The demand for our primary Qroducts -coffee donuts and breakfast sandwiches -occurs between 5:30 AM and 8:30
AM The very nature of our business is to provide ayuick on the eo earl morning beverage and breakfast and to meet a
secondary demand for late night snacks Preparation of our bagels muffins and croissants must besin at 1:00 AM to
make fresh-baked products available to customers on their way to work. We would like to operate 24 hours a day/ 7 day
a week.
AGENDA ITEM #8A
JANUARY 23, 2006
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APPLICATION FOR AUSE-BY-EXCEPTION
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5826 FAX (904) 247-5845 http://www.coab.us
Date January 12, 2006 File No. u,8~ - Z. DD(~ - Q/ Receipt
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1. Applicant's Name DRMP, Inc. for Dunkin Brands Inc
2. Applicant's Address 3611-14 St. Johns Bluff Road South Jacksonville FL 32224
3. Property Location 719 Atlantic Blvd. (northwest corner of Sailfish Dr and Atlantic Blvd )
4. Property Appraiser's Real Estate Number 177653 0010 Block No. Lot No.
5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use designation Commercial
7. Requested Use-by-Exception Section 24-111 (c) (41 of the Land Development Regulations (the Commercial
General District reeulations to allow a permitted use (a Dunkin' Donuts restaurant) to Have a drive
thru.
8. Size of Parcel 150' x 150' 9. Utility Provider Citv of Atlantic Beach/ JEA
10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as
Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any
public hearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height,
number of stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identify any existing structures and uses.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If tt,e applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.)
e. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): _~CP:~ 1'(x,,1 r i `(y~~(Y~ (~ j
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: _ Brea Paul, DRMP, Inc.
Mailing Address: 3611-14 St. Johns Bluff Road South Jacksonville FL 32224
Phone: _ (904)493-6500 FAX: (9041493-6501 E-mail: bpaul(a,drmp.com
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AGENDA ITEM #8A
JANUARY 23, 2006
Other information you may wish to provide: A drive-thru window provides a convenient and safe
method of delivering our products to our customers The primary reason for our existence is the sale
of coffee and donuts; these are items that are typically consumed off-site and on the ~o When given
the choice, our customers have demonstrated a preference for drive-thru service In this part of the
country, a lame percentage of our locations run as much as 70% of their service through the drive
thru window. Without this feature a Dunkin DonutsBaskin Robbins will not be able to serve out
customers with the speed or convenience they expect and we will not be in a position to compete
with other quick-service facilities with drive-thru windows in the area
AGENDA ITEM #8A
JANUARY 23, 2006
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AGENDA ITEM #8A
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3611-14 St. Johns Bluff Road South
Jacksonville, Florida 32224
904-493-6500 Fax:904-493-6501
Dunkin Donuts
PIN 177653 0010
Duval County
Scale NTS
DRMP 11241
Jan 2006