719 Atlantic Boulevard UBE-2006-01 Staff Report CCCITY 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 Boulevard.
Also included is a request for a Use-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 a Use-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.
RECOMMENDATION: 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: _______________