BOARD OF ADJUSTMENT AGENDA ITEM
Memo Date: October 6, 2024
Agenda Date: October 16, 2024
Prepared By: Lucilene Ribeiro - Planner
Through: Stockton Whitten, City Manager
Requested Action:
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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 "a bar or lounge, with or without a package store" to operate a cigar lounge bar serving alcohol.
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BACKGROUND:
Date:
September 30, 2024
Project No.:
PZ-24-000000013
Meeting Date:
October 16, 2024
Project Planner:
Lucilene Ribeiro, Planner
Applicant:
Carmen Rivera
412 Brevard Ave
Cocoa, FL 32922
Property Owner:
Troy Stephan
411 Magnolia Ave
Merritt Island, FL 32952
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 "a bar or lounge, with or without a package store" to operate a cigar lounge bar serving alcohol. The property is identified as 412 Brevard Ave, Cocoa, Florida. Tax Parcel ID: 24-36-33-39-B-6.
Notice Provided:
Notice of the public hearing was provided by publishing in the newspaper on October 1, 2024, and posting the property and mailers to property owners within 500 feet.
I. Project Information
The applicant is requesting approval for a Special Exception to operate a cigar bar lounge serving alcohol on a property with Tax Parcel ID: 24-36-33-39-B-6 on Brevard Avenue, totaling 0.11 acres, which has two units with separate addresses: 410 Brevard Avenue, currently used as a retail store, and 412 Brevard Avenue, designated for the cigar bar lounge. As provided below in the recommended conditions of approval, the Special Exception, if approved, should be limited to the 412 Brevard Avenue unit totaling approximately 962 square feet. The applicant proposes to offer beer and wine sales with the following operating hours: Monday through Wednesday from 11:30 a.m. to 8:00 p.m., Thursday through Saturday from 11:30 a.m. to 9:30 p.m., and Sunday from 12:00 p.m. to 6:00 p.m.
This space has no commercial kitchen, and the applicant does not propose preparing food on-site.
The property operated as a cigar bar prior to the implementation of the regulating plan on May 28, 2013, and has since accommodated several different businesses. City records show that the subject property has been used for various purposes over time, including as a retail establishment, wellness center, and beauty shop, housing businesses such as Elements of Paradise and Garden of Eden Wellness, among others.
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, which allows for bars and lounges as a special exception only. The site is located between Harrison St and Church St, on the East side of Brevard Ave, and is surrounded by CBD-CVO-zoned commercial properties to the North, South, and West.
The applicant has submitted a conceptual plan (Exhibit E) depicting a seating layout for 21 seats, including one outdoor table with two seats. The outdoor seating will require a sidewalk caf? permit that will be reviewed by City staff before approval.
Future Land Use:
Mixed Use
Zoning District:
CBD-CVO
Existing Land Use:
Multi-tenant retail
Council District:
District 1 - Councilmember Goins
Overview of Surrounding Area:
Future Land Use Designation
Zoning District
Land Use
North
Mixed Use
CBD-CVO
Commercial
South
Mixed Use
CBD-CVO
Commercial
East
Mixed Use
CBD-CVO
Commercial
West
Mixed Use
CBD-CVO
Commercial
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 property provides sufficient ingress and egress for pedestrians ensuring safe and convenient access to and from the site. Vehicles will primarily utilize on-street parking, which complies with the city's parking regulations. The applicant has demonstrated that the location offers suitable traffic flow and access for emergency services, including fire.
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 relies on nearby parking within the village district for patron and team member 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 uses and is expected to complement and facilitate the economic vitality of the CBD-CVO.
The cigar bar lounge is not expected to cause any additional noise, glare, or odor effects to adjacent properties, given the similarity with other local businesses.
C. Explain the impact of refuse and service areas, with particular attention to the items in (a) and (b) above.
Staff Finding: The property has access to existing refuse areas, and no additional refuse or service areas are anticipated. The applicant will coordinate with Waste Management if needed.
D. Demonstrate sufficient utilities regarding locations, availability, and compatibility.
Staff Finding: The utilities available on-site are adequate for the proposed use. No impact on the surrounding utility infrastructure is expected.
E. Demonstrate that there is adequate screening and buffering with reference to type, dimension, and character.
Staff Finding: No additional screening or buffering is required, as the use will take place within the existing building.
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: Any request for signage, exterior lighting, etc. will be addressed through the building permit process. Because the building is built to the property line, the applicant will only be able to install a permanent sign attached to the fa?ade of the building.
G. Demonstrate that there are adequate yards and open space.
Staff Finding: The building layout is pre-existing, and no proposed changes exist.
H. Demonstrate how adequate height requirements have been met.
Staff Finding: The height of the existing building complies with the CBD zoning regulations.
I. Demonstrate how adequate landscaping requirements have been met.
Staff Finding: Because the building extends to the property line there is no required yard area available for landscaping. However, all recreational activities will take place indoors unless a sidewalk caf? permit is issued and there will be no change to the exterior of the building requiring additional landscape buffering.
J. List any renewal and/or termination dates.
Staff Finding: If the use as a bar or lounge is discontinued for a period greater than six (6) months, then the special exception shall become null and void.
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 Brevard Avenue and the hours of operation would be limited to no later than a 9:30 p.m.
Applicant Responses to the above-referenced criteria are found in Exhibit D, the Application for the Special Exception.
Recommendatio
BUDGETARY IMPACT:
N/A
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 beer and wine bar, with the following conditions:
1. The Special Exception shall not be effective until the applicant has secured all the permits and approvals necessary for any development related to the Special Exception, including site plan approval and building permits to the extent applicable. Such permits shall be obtained within six (6) months of the Board's approval.
2. If the use as a bar or lounge is discontinued for a period greater than six (6) months, then the special exception shall become null and void.
3. If the use is extended, enlarged, or expanded, a new Special Exception approval shall be required. The site plan included as Exhibit E shall be binding upon the applicant, except that minor modifications may be made during the site plan review process to conform to the City Code or life safety requirements. The Special Exception shall be limited to the portion of the property designated as 412 Brevard Avenue, which is approximately 962 square feet in size.
4. The approval shall be limited to the sale of beer and wine only.
5. Hours of operation shall be limited to Monday through Wednesday from 11:30 a.m. to 8:00 p.m., Thursday through Saturday from 11:30 a.m. to 9:30 p.m., and Sunday from 12:00 p.m. to 6:00 p.m.
6. The outdoor seating proposed shall be subject to and conditional upon obtaining a sidewalk caf? permit in accordance with the City Code.
Any other conditions deemed necessary by the Board of Adjustment