BOARD OF ADJUSTMENT AGENDA ITEM
Memo Date: February 13, 2024
Agenda Date: February 21, 2024
Prepared By: Lucilene Ribeiro, Planner
Through: Stockton Whitten, City Manager
Requested Action:
title
Consideration of a Special Exception request pursuant to Appendix A, Zoning, Article XI, Section 13(C) (6) and Section 22(F) of the City of Cocoa Code to allow for "a bar or lounge, with or without a package store" to operate a wine bar. The property is identified as 409 Delannoy Ave, Kiosk 8/9 (108), Cocoa, Florida.Tax Parcel ID: 24-36-33-39-B-3. End
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BACKGROUND:
Project No.:
PZ-24-00000008
Meeting Date:
February 21, 2024
Applicant:
The Knot Wine Bar, LLC
Nathan Parrett
2705 E Washington St
Orlando, FL 32803
Property Owner:
Stephan Properties of Florida, Inc
Troy Stephen
411 Magnolia Ave
Merritt Island, FL 32952
Project Address:
409 Delannoy Avenue - Kiosk #108
Cocoa, FL 32926
Requested Action:
Consideration of a Special Exception request pursuant to Appendix A, Zoning, Article XI, Section 13(C) (6) and Section 22(F) of the City of Cocoa Code to allow for "a bar or lounge, with or without a package store" to operate a wine bar. The property is identified as 409 Delannoy Ave, Kiosk 8/9, Cocoa, Florida. Tax Parcel ID: 24-36-33-39-B-3.
Notice Provided:
Notice of the public hearing was provided by publishing in the newspaper on February 6, 2024, and posting the property and mailers to property owners within 500 feet.
I. Project Information
The applicant seeks Special Exception approval to operate a wine bar in an existing kiosk (#108) located on the "The Village German Bier Garten restaurant" property. This .26-acre site contains an existing 2,500 +-square-foot building constructed in 2016 and is currently in use as a restaurant with accessory alcohol sales, in addition to twelve separate kiosk structures and an elevated covered open-air stage.
The Future Land Use (FLU) designation is Mixed Use, and the property is zoned CBD-CVO and is located in the Cocoa Waterfront Overlay District, Cocoa Village Subdistrict. The CBD-CVO zoning district and Cocoa Waterfront Overlay, Cocoa Village Subdistrict, both allow for bars and lounges as a special exception only. The site is directly west from Taylor Park and is surrounded by CBD-CVO zoned commercial properties to the North, South, and West.
In November 5, 2018 the Board of Adjustment granted a Special Exception to allow outdoor sales kiosks on the property. Appendix A, Zoning, Article XI, Sec. 13(C)(19) provides that "outdoor arenas, facilities, flea markets, or similar outdoor or indoor/outdoor sales complexes" require special exception approval. Four kiosks were used by the existing German restaurant, including the particular kiosk at issue to sell beer and wine.
A special exception is now required for the kiosk because it will be operated by a separate limited liability company that will be leasing the kiosk space from the Bier Garten restaurant and will solely be selling wine without also selling food. The current Bier Garten restaurant was not required to obtain a special exception for a "bar or lounge" use in the CBD/CVO-Cocoa Village Overlay because restaurants are permitted to sell alcoholic beverages for on-premise consumption as an accessory use. Consequently, a special exception approval for a "bar or lounge" on the property was never approved because the Bier Garten operates as a restaurant with alcohol sales as an accessory use, even though alcohol has been sold by the Bier Garten from this kiosk in the past.
The applicant has submitted a conceptual plan (Exhibit E) showing a seating area layout for 15 seats. The Knot Wine Bar operation hours are from 3:00 pm to 9:00 pm Wednesday thru Friday, and Saturday and Sunday from 12:00 pm to 9:00 pm.
Future Land Use:
MU (Mixed-Use)
Zoning District:
Central Business District - Cocoa Village Overlay
Existing Land Use:
Bar and lounge
Council District:
District 1 - Councilmember Alex Goins
Overview of Surrounding Area:
Future Land Use Designation
Zoning District
Land Use
North
Mixed-Use
CBD-CVO
Existing Retail and Restaurant
South
Mixed-Use
CBD-CVO
Existing Offices and parking
East
Mixed-Use
CBD-CVO
Taylor Park
West
Mixed-Use
CBD-CVO
Existing Retail
Please see the existing site, surrounding zoning, and future land uses on the map included as Exhibits "A", "B" and "C."
II. Special Exception Analysis
Before any special exception may be issued, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following where applicable (according to Appendix A, Article XVII, Section 2):
A. Demonstrate that there is ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
Staff Finding: The subject property is located on the west side of Delannoy Avenue with a wide pedestrian access in the center of the property connecting to the sidewalk along Delannoy. There is no vehicular access onto the property. There is an eight-foot utility alley running along the south side of the property and opening onto Delannoy Avenue, however this is used for service to the rear of the restaurant and storage of trash bins. There is a secondary pedestrian alley access approximately four feet wide connecting the subject property to Brevard Avenue to the west. In addition, another, narrower alley provides emergency access to/from the parcel to the north. These two principle pedestrian access points, both along the sidewalk adjacent to Delannoy and from Brevard Avenue, provide adequate and safe pedestrian access that is already used by patrons of the existing restaurant. It is not anticipated that the addition of the special exception use for outdoor sales would negatively impact such pedestrian access. Access in the case of fire or catastrophe would be the same as provided for the restaurant.
B. Explain where the required off-street parking and loading areas are required, with particular attention to the items in (a) above, and economic, noise, glare, or odor effects of the special exception on the adjoining properties and properties generally in the district.
Staff Finding: A loading area is not required since the pre-existing building preserves a total gross area of less than 4,999 square feet.
The applicant is completely reliant on nearby parking found within the village district for patron and employee parking and loading/unloading activities. Based on Appendix A Zoning, Art. XII, Sec. 4(d) (45), the unchanged building gross floor area allows the City to consider the provided parking spaces sufficient.
Appendix A Zoning, Art. XII, Sec. 4(d)(45) Central Business District, including the Cocoa Village Overlay. The Central Business District, as defined in the City of Cocoa Code, shall have the following special parking requirements:
a) Whenever there is a change of use or use intensity which changes parking generating factors in a building existing as of August 10, 2004, and the gross floor area of the existing building remains unchanged, no additional parking or loading spaces will be required; however, increases in residential dwelling units shall meet the parking requirements outlined above for specific uses.
This use will be consistent with the entertainment, bar, and nearby, including several with outside seating, and is expected to complement and facilitate the economic vitality of the CBD-CVO. Moreover, the site already offers music and other performances on an outdoor courtyard open air stage.
The Board of Adjustment approved the previous Special Exception with a condition of approval that the sales kiosk hours of operation shall be limited to no earlier or later than the restaurant's hours of operation. This condition would further assist in limiting the independent noise, odor, and parking impacts that could be generated if the kiosks were open to the public during the non-business hours of the restaurant.
C. Explain the impact of refuse and service areas, with particular attention to the items in (a) and (b) above.
Staff Finding: No impact on the existing refuse and service areas. There is a utility alley along the south side of the German restaurant that is used for service access and storage of trash containers.
D. Demonstrate sufficient utilities regarding locations, availability, and compatibility.
Staff Finding: The City of Cocoa Utilities Department already serves the property for water, sewer, and reclaimed service. The proposed use would not require additional utilities.
E. Demonstrate that there is adequate screening and buffering with reference to type, dimension, and character.
Staff Finding: No screening or buffer is required at this time.
F. Explain the impact of signs, if any, and proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility and harmony with properties in the district.
Staff Finding: Existing signage and exterior lighting are compatible with adjacent properties. No new exterior lighting or signage is proposed.
G. Demonstrate that there are adequate yards and open space.
Staff Finding: The site is pre-existing, and no proposed changes exist.
H. Demonstrate how adequate height requirements have been met.
Staff Finding: The CBD-CVO zoning district has a maximum building height of 65 feet. The existing building is a one-story structure, and there are no changes proposed at the moment.
I. Demonstrate how adequate landscaping requirements have been met.
Staff Finding: The applicant provided new landscaping when constructing the restaurant building and kiosks so no additional landscaping will be required for the kiosk use.
J. List any renewal and/or termination dates.
Staff Finding: No renewal or termination date.
K. Explain how the use will be reasonably compatible with the surrounding uses in its functions, its hours of operation, the type and amount of traffic to be generated, and building size and setbacks, its relationship to land values and other functions that may be used to measure compatibility.
Staff Finding: The proposed bar/lounge use is commercial and compatible with other uses in the vicinity and along Delannoy Avenue and the hours of operation would be similar to other local bar/lounge businesses.
It is anticipated that the Knot Wine Bar will serve customers of the restaurant already patronizing the site, along with attracting additional pedestrians in the Cocoa Village and is not anticipated to generate large volumes of independent traffic, particularly due to the kiosk's location.
Applicant Responses to the above-referenced criteria are found in Exhibit D, the Application for the Special Exception.
BUDGETARY IMPACT:
On November 5, 2018 the Board of Adjustment approved a special exception request from Appendix A, Zoning, Article XI, Section 13 (C)(19) of the City of Cocoa Code to allow for outdoor sales kiosks in the CBD-CVO (Central Business District- Cocoa Village Overlay) Zoning District.
PREVIOUS ACTION:
Enter text here
RECOMMENDED MOTION:
Recommendation
Staff recommends APPROVAL of the Special Exception in accordance with Appendix A, Zoning, Article XI, Section 13(C) (6) and Section 22(F) of the City of Cocoa Code to allow for "a bar or lounge, with or without a package store" to operate a wine bar in the CBD-CVO zoning district and the Cocoa Village Subdistrict of the Cocoa Waterfront Overlay District Section 22 (F)End subject to the following conditions:
1. The special exception shall not be effective until the applicant has secured the permits, Business Tax License, and Site Plan approvals required by the City Code or any permits required by regional, state, and federal agencies which are necessary for any development related to the Special Exception. Such permits shall be obtained within (6) months of the Board's approval unless the Board grants the applicant additional time to obtain such permits based on reasonable delays and requirements caused by various permit procedures which may impact the (6) months' time period;
2. The special exception approval shall be limited to Kiosk #108 only and shall not extend to additional kiosks or structures on the property without a separate application for a special exception; and
3. If the use is extended, enlarged, or expanded, an additional special exception approval shall be required. The outdoor seats authorized by this approval are counted as 15 in total. The site plan included as Exhibit E shall be binding upon the applicant, except that the location and number of seats allowed may be reduced pending the life safety requirements as part of the site plan review.
4. Any other conditions deemed necessary by the Board of Adjustment.