Built from draft minutes printed in an agenda packet — no AI-written textBriefing final
The City's record
What the City's record shows
Draft minutes printed in the City's agenda packet of 2025-07-16, pp. 7–14; approved as written by the Board of Adjustment according to the draft minutes of 2025-07-16, whose own approval is recorded in later draft minutes but not yet confirmed in the City's approved minutes. The City has not posted the approved minutes as a separate file.The approving motion, “to approve the July 16, 2025, Regular M eeting Agenda as written and the May 21, 2025 Regular Meeting Minutes as written”, is in the draft minutes printed for approval in the 2025-09-17 agenda packet (2006_Full_Agenda.pdf, packet pp. 8–11).
Built only from this meeting's draft minutes (1903_Full_Agenda.pdf, packet pp. 7–14). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Dan Quattrocchi, Robert Butler, Robert Dyar, Pam Shaia, Jose Pacheco, Jennifer Moton
(Checked against the ballots and the printed roll lines; no independent membership list of this board is available to confirm that the roll is complete.)
Absences: the minutes print an “ABSENT” heading with no names under it.
Also listed as present (staff and other roles): Kristin Eick (Assistant City Attorney), Luci Ribeiro (City Planner), Breanna Earley (Assistant City Clerk), Patricia Weeks (Deputy Mayor)
Named on at least one ballot later in the meeting: Butler, Dyar, Moton, Pacheco, Quattrocchi, Shaia (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (4)
to approve the May 21, 2025, Agenda moving item B to A and A to B and the April 16, 2025, Minutes with corrections made to the Members Present and Members Absent section (moved by SHAIA, seconded by QUATTROCCHI); PASSED 6-0; ayes: Shaia, Dyar, Quattrocchi, Pacheco, Butler, Moton; nays: none — the draft minutes, packet pp. 7–14
to approve the Special Exception with staff conditions (moved by DYAR, seconded by BUTLER); PASSED 6-0; ayes: Shaia, Dyar, Quattrocchi, Pacheco, Butler, Moton; nays: none — the draft minutes, packet pp. 7–14
to approve the Special Exception with staff conditions (moved by DYAR, seconded by MOTON); PASSED 4-2; ayes: Dyar, Quattrocchi, Pacheco, Moton; nays: Shaia, Butler — the draft minutes, packet pp. 7–14
to adjourn the May 21, 2025, meeting (moved by SHAIA, seconded by BUTLER); PASSED 6-0; ayes: Shaia, Dyar, Quattrocchi, Pacheco, Butler, Moton; nays: none — the draft minutes, packet pp. 7–14
Draft minutes, as printed in a later agenda packet
Draft minutes printed in the City's agenda packet of 2025-07-16, pp. 7–14; approved as written by the Board of Adjustment according to the draft minutes of 2025-07-16, whose own approval is recorded in later draft minutes but not yet confirmed in the City's approved minutes. The City has not posted the approved minutes as a separate file.
Source: 1903_Full_Agenda.pdf, the agenda packet of the 2025-07-16 meeting, packet pp. 7–14; lines 205–581 of the City's text of that file. The packet's own page footers are left out below.
Read the draft minutes
MEETING MINUTES
May 21, 2025
A Regular meeting of the Board of Adjustment of the City of Cocoa was held on Wednesday ,
May 21, 2025 in the Council Chambers at 65 Stone Street, Cocoa, as publicly noticed.
I. OPENING MATTERS:
Chairperson Quattrocchi called the meeting to order at 6:00 pm.
The Recording Secretary called the roll.
ROLL CALL:
Dan Quattrocchi Chairperson
Robert Butler Vice Chair
Robert Dyar Board Member
Pam Shaia Board Member
Jose Pacheco Board Member
Jennifer Moton Board Member
MEMBERS PRESENT:
Dan Quattrocchi Chairperson
Robert Butler Vice Chair
Robert Dyar Board Member
Pam Shaia Board Member
Jose Pacheco Board Member
Jennifer Moton Board Member
MEMBERS ABSENT:
OTHERS PRESENT:
Kristin Eick Assistant City Attorney
Luci Ribeiro City Planner
Breanna Earley Assistant City Clerk
Patricia Weeks Deputy Mayor
II. APPROVAL OF AGENDA & MINUTES:
Board of Adjustment
Meeting Minutes
May 21, 2025
Page 2
* Motion by BOARD MEMBER SHAIA; Seconded by CHAIR QUATTROCCHI to
approve the May 21, 2025, Agenda moving item B to A and A to B and the April 16,
2025, Minutes with corrections made to the Members Present and Members Absent
section.
Ayes: Shaia, Dyar, Quattrocchi, Pacheco, Butler, Moton
Motion Passed Unanimously (6-0).
III. OLD BUSINESS:
None.
IV. NEW BUSINESS:
A. PZ 25-00000001 (Special Exception - Aqua Lounge 226 King St Units 120 &
116.) Move to Item B
A. PZ 25 -00000003 (Special Exception - Steves Motorcycles 1003 N Cocoa
Blvd.)
Consideration of a Special Exception request to allow an automotive repair
establishment to operate, provided all activities are conducted entirely within an
enclosed structure, pursuant to Appendix A, Zoning, Article XI, Section 12(C)(1) of
the City of Cocoa Code of Ordinance. The subject property is located at 1003 N
Cocoa Blvd, Cocoa, Florida. Tax Parcel ID: 24-36-28-00-1
Luci Ribeiro, City Planner, presented a PowerPoint about the consideration of a Special
Exception for Steves Motorcycles
1.
Kelly Matott, Applicant, expanded on the presentation.
Luci Ribeiro, City Planner, clarified.
Kelly Matott, Applicant, spoke about the licensure required for motorcycle repair shops.
Board Member Dyar, asked for clarification if the applicant will abide by staff
conditions.
Kelly Matott, Applicant, stated she would.
1 1003 N Cocoa Blvd. Special Exception – Steves Motorcycles Presentation
Board of Adjustment
Meeting Minutes
May 21, 2025
Page 3
Jennifer Webster, City Planner, elaborated on the special exception and that if a new
automotive business were to occupy the address, they would also need a special
exception from the Board.
NO PUBLIC COMMENT. RETURNED TO THE BOARD.
Motion by BOARD MEMBER DYAR; Seconded by VICE CHAIR BUTLER to
approve the Special Exception with staff conditions.
Ayes: Shaia, Dyar, Quattrocchi, Pacheco, Butler, Moton
Motion Passed Unanimously (6-0)
B. PZ 25 -00000003 (Special Exception - Steves Motorcycles 1003 N Cocoa
Blvd.) Move to Item A
B. PZ 25-00000001 (Special Exception - Aqua Lounge 226 King St Units 120 &
116.)
Consideration of an expansion of a Special Exception use for a bar/lounge previously
approved for Unit 120 at 226 King Street, which shall include (1) an expansion of the
bar/lounge use to include the adjacent Unit 116; and (2) the addition of an outdoor
seating area outside of Unit 120 and portion of unit 116.
Luci Ribeiro, City Planner, presented a PowerPoint for the consideration of a Special
Exception for Aqua Lounge.
2
Samone Jackson, Applicant, spoke about previous application that stated they would
eventually like to expand.
Chair Quattrocchi, asked about the need for outdoor seating.
Samone Jackson, Applicant, stated they want to make staff and customers more
comfortable.
Board Member Shaia, asked how many seats Aqua Lounge currently has.
Samone Jackson, Applicant, clarified.
Luci Ribeiro, City Planner, went into the sketch provided.
2 226 King St Units 120 & 116 Special Exception Aqua Lounge Presentation
Board of Adjustment
Meeting Minutes
May 21, 2025
Page 4
Board Member Shaia, asked about what will be served.
Samone Jackson, Applicant, explained.
Board Member Shaia, asked how they will stay in compliance with the noise
ordinance.
Samone Jackson, Applicant, clarified that there was one incident, and they complied
and are currently complying.
Board Member Shaia, spoke about incident reports with Cocoa PD.
Samone Jackson, Applicant stated they have received calls about their liquor license
but that has been the only issue and it was resolved.
Board Member Pacheco, asked why they are not able to serve food at their current
location.
Samone Jackson, Applicant stated the current location does not have enough room for
them to serve food.
Board Member Pacheco, asked why the kitchen is defined as a small kitchen.
Samone Jackson, Applicant stated it is a convection kitchen.
Board Member Pacheco, stated foodborne illness would be a concern if not properly
prepared.
Luci Ribeiro, City Planner, stated she spoke with PD and Public Works and that there
were no issues with Aqua Lounge.
Board Member Shaia, asked if they currently have security.
Samone Jackson, Applicant stated they do have security and have spoken with Chief
Collier about any special events that would be hosted.
Chair Quattrocchi, asked about the email received from a resident about the
consideration for a Special Exception for Aqua Lounge.
Board Attorney Eick, clarified.
PUBLIC COMMNET
Candace Rogers, Delannoy Ave, stated she objects to the Special Exception. She
shared pictures from Aqua Lounge’s Facebook page.
Board of Adjustment
Meeting Minutes
May 21, 2025
Page 5
Marilyn Green, Riverside Dr, spoke about a previous application the applicant
submitted.
Gloria Weatherspoon, Mycroft Dr, thanked the Board and wanted to state her strong
support for the applicant’s Special Exception and expansion. She spoke about the
Aqua Lounge’s community outreach.
Kernishia Florence, Georgia Ave, spoke about how Aqua Lounge has helped her
business.
Chair Quattrocchi, asked for clarification on previous application.
Luci Ribeiro, City Planner, clarified.
Johnny Ford, Rockledge Resident, stated he urges the Board to approve the
expansion. He spoke about attending the grand opening of Aqua Lounge and the
upscale feeling it provides.
William Ferro, Delannoy Ave, stated his concern is mainly the noise that comes from
Aqua Lounge. He went on to detail noise complaints he has called in.
Mike Minot, Delannoy Ave, stated he opposes the Special Exception.
Aleck Greenwood, Brevard Ave, stated the issues with loud music has been
happening for 4 years.
Victoria Jones, Cocoa Resident, stated she is president of the Space Coast Florida
Black Chamber of Commerce and Aqua Lounge is a member. She verbally made a
public records request. She stated she was proud of the applicant.
Toby Harris, Weaver Street, spoke about pictures that were previously reviewed. He
stated other businesses play music outside.
Anne Marie Fraiser, Palm Bay Resident, she stated she supports the Special
Exception.
Jimmy Hudson, Laredo Dr, stated the negative comments are unfounded.
Chair Quattrocchi, asked how noise complaints are handled.
Luci Ribeiro, City Planner spoke about the City of Cocoa noise ordinance.
Chair Quattrocchi, asked if there was a fine that could be issued.
Board of Adjustment
Meeting Minutes
May 21, 2025
Page 6
Luci Ribeiro, City Planner, expanded on the Code Enforcement process. She stated
the noise ordinance is being imposed on other businesses. She stated that amplified
music will not be permitted after 10pm.
Board Attorney Eick, asked why 10pm was chosen as a time to stop playing
amplified music.
Luci Ribeiro, City Planner, stated most businesses in Cocoa Village close at 10pm.
Board Member Shaia, asked how it was going to be enforced.
Luci Ribeiro, City Planner, stated they receive complaints and open an investigation
through Code Enforcement.
Samone Jackson, Applicant, stated the noise complaints are falsely reported.
Jimmy Hudson, asked if they are being monitored for noise complaints, are other
businesses being monitored as well.
Luci Ribeiro, City Planner, clarified that it’s not just Aqua Lounge that is monitored.
Mike Minot, Delannoy, spoke about seeing a speaker playing music outside Aqua
Lounge.
Chair Quattrocchi, asked how do you manage all the other businesses that aren’t in
compliance with the noise ordinance.
Aleck Greenwood, stated they are not against the business but against loud music
being played outside.
Board Attorney Eick, stated the applicant and City Staff can make a final comment.
Samone Jackson, Applicant, stated that the Police are outside, if there was a problem
with their business, they would
Luci Ribeiro, City Planner, asked if the applicant accepts the staff conditions
provided
Samone Jackson, Applicant, stated it is not a problem.
Board Member Dyar, asked for clarification on the amplified music condition.
Samone Jackson, Applicant, stated she does not agree with the condition of not
having any music outside past 10pm.
Board of Adjustment
Meeting Minutes
May 21, 2025
Page 7
Luci Ribeiro, City Planner, clarified.
Samone Jackson, Applicant, stated she does not agree with the condition of no
outdoor music.
Jennifer Webster, City Planner, read directly from the City of Cocoa noise ordinance.
A conversation about amplified decimals took place.
CLOSED TO PUBLIC. RETURNED TO THE BOARD.
Board Member Shaia, stated she appreciates everyone speaking. She spoke about
her research about noise complaints in Cocoa Village. She asked the applicant if she
agreed to no amplified noise.
Samone Jackson, agreed to comply.
Board Member Pacheco, asked for clarification on the special events.
Board Attorney Eick, defined what a special event is in the City Code.
Jennifer Webster, City Planner, clarified there will be an additional 20 seats added to the
outdoor seating.
Motion by BOARD MEMBER DYAR; Seconded by BOARD MEMBER MOTON,
to approve the Special Exception with staff conditions.
Ayes: Dyar, Quattrocchi, Pacheco, Moton
Nays: Shaia, Butler
Motion Passed (4-2)
V. OTHER BUSINESS:
VI. NEXT MEETING DATE:
The next meeting date for the Board of Adjustment is June 18, 2025.
VII. ADJOURNMENT:
Motion by BOARD MEMBER SHAIA; Seconded by BOARD MEMBER BUTLER
to adjourn the May 21, 2025, meeting.
Ayes: Shaia, Dyar, Quattrocchi, Pacheco, Butler, Moton
Board of Adjustment
Meeting Minutes
May 21, 2025
Page 8
Motion Passed Unanimously (6-0).
There being no further business the meeting adjourned at 8:19 P.M.
______________________________________
Dan Quattrocchi, Chairperson
______________________________________
Breanna Earley, Recording Secretary
Agenda (the City's wording)
No time links are shown for this meeting.
An item without a time link may still have been discussed; the link is only added when the automatic match is strong.
I. Opening Matters
1. Invocation
2. Pledge of Allegiance
3. Roll Call
II. Approval of Agenda and Minutes
1. Agenda: Regular Meeting of May 21, 2025.
2. Minutes: Regular Meeting of April 16, 2025.
III. Old Business
IV. New Business
1. PZ 25-00000001 (Special Exception - Aqua Lounge 226 King St Units 120 & 116.)
2. PZ 25-00000003 Special Exception - Steves Motorcycles 1003 N Cocoa Blvd.
V. Other Business
VI. Next Meeting Date
VII. Adjournment
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
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464 suspect passage(s) marked in place; inspection incomplete: language review; 1 stretch(es) where a voice was detected and no words were recognized.
How this transcript was made. New machine transcription of the whole recording, with 22 voices separated from the audio.
52 short machine repair(s) (56 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs and whether a voice was detected where the words are. Not completed: language review.
A second, independent machine reading was compared with it word by word: the same words for 93.7% of 20,457 content words.
Dotted words (460 places) are ordinary wording differences: hover or tap to see the other reading.
464 passages (22% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Inspection is incomplete: language review.
Voice detected, no words recognized (1 stretch). Something may have been said here that the transcript does not have:
00:35:25 (6 s) — neither reading has words
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
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Any opposed? All right, motion passes then. Do we have a motion to approve the last minutes? Move to approve. All in favor? Okay, I saw the email go out for that. Has that been adjusted? Okay, cool. So with those corrections, do we have all in favor of approving the minutes? Or
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passes for the minutes. um ‸ It says old business none, so we move on to new business, and since we are doing uh bpz 25 Steve's Motorcycles, Lucy, are you gonna ‸ present that for us?
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So the applicant is requesting a special exception to allow the operation of an automotive repair establishment especially a motorcycle repair business
use was not required Under the ‸ current zoning that is general commercial designation a special exception is required to authorize this type of use In accordance with appendix a zoning article 11 section 12 c1 of the city of coco of code of ordinance So we do
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to this parcel are as well general commercial. so the zoning, as I mentioned, is general commercial for the parcel and the future land use is commercial. Here I have a few pictures of the the location. So all repair activities will be conducted entirely indoors. No outdoor storage or repair work is proposed. The applicant is currently undergoing site plan review to ensure the site is brought into compliance with all applicable city regulations, including those related to parking, landscaping, and site design. As part of this review, staff recommends additional landscape screening to enhance the
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including oil change, fluid checks, and replacement parts, filters, etc. Also services will be performed within the enclosed structure using standard automotiveautomotive tools, but
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any waste of oils or fluids will be properly disposed and collected in accordance with local, state, and federal environmental regulations. So normally staff does an analysis and writes a report that is in front of you and is attached to your package that the applicant has to meet the 11 criteria. that's label a through K in order to for the board to grant the special exception or maybe impose conditions.
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So there's no concerns in regards to that. Also, we took a look at parking and loading areas and the site includes on-site parking that satisfy the minimum zoning requirement for automotive repair facility that is the use stated in our code including designated spaces for customers employees and deliveries. So there is no concern in regards to parking.
since they're coming by driving by the property. So we that's why we are we're trying to see if the property owner will try to landscape but that all those requirements will be addressed with the site plan during the review process. So we will try to discuss those with the applicant as time comes. But I just wanted to highlight that also ‸ that was a review. And also the criteria K that is comfortability with surrounding uses. So the property is surrounded by similar commercial and light industrial uses. So we believe that it does comply and with the normal standards for this type of business. The mainly hours of operations are during daytime normally hours. So you know
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have major concerns that it's going to bring a high traffic to the area. So here I'd like to highlight the conditions that staff is recommending for the approval for the special reception. So your staff recommends approval of the special reception in accordance with appendix a zoning article 11 section 12
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to allow an automotive repair establishment to operate, provide all activities are conducted entirely with an enclosed structure with the following conditions. So the special reception shall not be effective until the applicant has
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all the permits and approvals necessary for any development related to the special reception. Which shall include site plan approval and building permits if necessary. Such permits shall be obtained with 12 months of the board's approval. And as I mentioned, the applicant did submit for a site plan amendment with us, so it is under review.
a new special approval shall be required. So if she plans to extend this business, she should um come back and ask for to expand. But I don't think in her um since the site is so limited, I don't see that happening for this type of business. In operations, all operations should be conducted entirely indoors. We do ask that repairs to, you know, automotive automotive, motorcycle repairs are conducted indoors. So that's a general condition for this type of business. Also, the applicant should install landscaping along the front and the side yard to screen the service bay area from the public view. Landscaping shall be reviewed and approved during the site plan review process. And then the condition number five, the automotive repair should be conducted on site, shall be limited to motorcycle repairs and no repairs of other vehicles such as cars or trucks. And the and as my understanding,
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um I would say for future use, it it would be okay for automotive repair because a motor vehicle repair license is a motor vehicle repair license. And that's all I wanted to add to that,
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‸ Yeah, so if a new business come to the property to try to establish a new business that will do the automotive ‸ repair, they will have to come through BOA for a special exception. Well,
that's why I mentioned what I did, because there's been motor vehicle repair there for a minimum of 30 years. And I'm not going there, but nobody's ever required a special exception there. But there's always been motor vehicle repair there as in as far back as the early 90s that I know of. um Yes. So, um but like I said, the motor vehicle repair lace uh
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I mean, it's, yes, I'm only going to be repairing motorcycles as long as I'm there. um i I signed a three-year lease with an option for a three-year continuance with the option to buy after six. um After having to move my business because corporate people came in and bought our previous property, and they tripled our rent, which I, the rent that they wanted me to pay, I don't even make in a year's time. So,
And because there had been automotive repair there for 30 plus years, my realtor saw no problem with it. So, I didn't see a problem with it. And so, I'm hoping that everything goes well.
Steve's because he was a staple in the community for almost 20 years when I purchased almost five years ago. So, because of that, I wanted to keep Steve's in everybody's mind. So with them when they searched for Steve's when they came back into town or what have you, they found us. And they have, and it's been great.
Can I get a quick clarification? So I just want to make sure, are you requesting that the there be a change made to what staff has recommended, or are you saying that you're going to abide by what staff has said as far as the motor vehicles? oh no,
and I find a property that is grand and works well for me, that the special exception would apply to future automotive repair there because we hold the same license. And if if nobody wants to consider that, then just backspace and erase it from your mind. okay And
‸ we're confused because it's there was a request, you know, specific to this. Okay. And it sounds like there's like, in the in a like you know, hey, will you also add automotive repair? right
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And I think I might be able to provide a little bit of clarity. I'm Jen Webster, another city uh planner here at the city. um But thethe special exception, although it does stay with the land, that in this case, one of the conditions that we are making, because this is specifically a motorcycle repair shop,
automotive car truck repair. And one of the conditions is that if if that uh if a new business were to come in that were to be an an automotive truck car repair, they wouldn't need another special exception because this one is specific to motorcycle repair. That's that's that's what staff is asking. ‸ Okay.
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right, all in favor? aye aye Aye. Aye. Any opposed? Okay, motion passes with the seven conditions listed by the staff. Thank you very much. thank youCongrats. Thank you. All right, if we can move on to uh item A, Lucy, please. thank you
a Unit 120 located at a 226 King Street. The request includes two components. The first, the applicant seeks to expand the bar lounge to Unit 116 that is next door. And second is a proposal to include an additional outdoor seating area located in front of the Unit 120 and portions of Unit 116. So this property is
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and you can see at the with the roof line. So the zoning is the central business district, as I mentioned before, and the future lane used for this parts of its mixed use.
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allow a bar or lounge with or without a package store in this unit. As part of that approval, the Board included a condition required that any future expansion, extension, or enlargement of the use would require a new special reception. So the the applicant is now requesting to expand the existing bar and lounge. And is currently operating with
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area, as you can see highlighted on the right corner of your of your screen. So to illustrate, I did include a few pictures for you. So here it was the unit but before they started remodeling. They did some upgrades ‸ to um have the hookah lounge, and that's how it looks inside right now. And here is just the the main door for
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So here is the proposed space. the the The next door unit is 116, and it has a similar layout. I will show you uh pictures. I have pictures for that, too, to try to illustrate. So this ‸ proposed uh unit includes a concession style food service that will offer small, easy to prepare plates that do not require a commercial kitchen. The interior layout of this unit is similar to the unit 120. Features a star a stairway that leads to the internal, there's an internal balcony. The downstairs area will include the small kitchen space, bar countertops, a
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might be wednesday to thursday from 6 p.m to 12 a.m and then friday and saturday from 8 p.m to 2 a.m So here I have a few pictures. So here's the front door for the unit 116. And here we have the space. This used to be a clothing store. It
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however based on staffs on site measurements the distance from the building's main entrance to the curb line is 25 feet. So to ensure continued pedestrian accessibility and compliance with sidewalk regulation, and staff recommends maintaining a minimum clear width of
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points at the outdoor seating area. These signs must be clear, visible, and stated that ‸ is unlawful to remove alcoholic beverage in open or unsealed containers from the licensed premises.
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which governs open container laws. and consumption of alcohol beverage on any street or sidewalk outside the designated outdoor seating area is strictly prohibited. is
just ‸ like to highlight that the the seating area for this property it is located in a private property. So that's why this is not considered a sidewalk cafe permit. The city does have
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in order to accommodate the on street parking and also the expansion of the road. So there is no really right away on this portion of the of the road. So I just want to make you aware of that.
to separate the area where the outdoor seating will be selling alcohol. when um I believe they're probably gonna ‸ also smoke the hookah on the outside portion of the property. So staff
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an analysis based on Article 17, Section 2, that includes the criterias A through K. These criterias that detail in the staff report providing your pact and are intended to assist the board in determining whether the applicant has met all necessary requirements. And if
recommendation for approval is justified and it is will be with conditions, we have a set of conditions there we're trying to recommend. So under the city's zoning code, the expansion into the unit 116 and the outdoor patio does not require additional parking as the building floor area remains unchanged. and it is regulated by our off street parking code
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which limits sounds level to 65 DBA during the day and 60 DBA at night and that's about the volume of a normal conversation conversation so no amplify music in the outdoor seating areas should be permitted after 10 p.m. the applicant must install a barrier it will be like a screening to clear the find the outdoor seating area which may include decorative planters railings and things of that nature.
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then staff ‸ like just to highlight that, you know, the applicant have to comply with the all local regulations to, you know, obtain all the appropriate liquor license from
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Code to allow the extension of a bar use in in the adjacent commercial unit 116 including the addition of an outdoor seating within the CBD central business District, Zoning District with the following conditions.
and approvals necessary for any development related to the special reception. such a permits including building the permits and appropriate liquor license from the state of Florida shall be obtained within 12 months of the board's approval. Failure to meet this deadline show whenrender the special reception null and void unless an extension is granted by the board of for good cause. The special reception
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capacity of 20 seats. So we're trying to limit the total capacity for what was proposed. So the applicant is proposing the existing 104 seats for unit 120, the additional ‸ 30 seats for unit 116 and then another 20 seats for the outdoor area. So we're trying to limit the capacity. If they decided to increase this capacity, they will have to come back to the board and also I'm just refer referencing the measurements for the outdoor seating since there was a discrepancy between what
presented and it is part of your package ‸ exhibit B should be biting up on 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
plan amendment and then they will have to follow fire building regulations for what they are trying to propose especially for the food service So here is just to highlight that they have to comply wherever those requirements are The applicant shall
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no Right away there's no sidewalk we thought it was fair at least to ask for four four feet for the pedestrian should be able to transit through the village So the hours of operation should be limited and I have to apologize because I think I included the wrong hours and the the the previous slide so this is actually has the hours they're proposing I think the hours that I had ‸ before is the existing hours there now and this is the what is being proposed for the future and
So the hours of operation should be limited to Sunday through Thursday from 12 p.m. To 12 a.m. And Friday and Saturday from 12 p.m. To 2 a.m. So the signage shall be posted in all exit points as I mentioned
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they do on the other side except there won't be any hookahs on that side due to us having a cafe style area This also helps alleviate the issues that we had in the past couple of months being told that we couldn't have the food trucks due to the CBD zone Which we've had food trucks for almost the past two years
have it and then it was told because we were in that zone we couldn't have them more So that prompted us to get the next special exception in order to add the food to the next door space And then the as far as the outdoor seating we were told by planning and zoning because it is a private property area because our property line goes out to the parking We didn't need as stated the cafe permit because of the area but
hookah We would need to just extend that special exception out to meet that area in order to be able to bring it out to them versus Customers having to go in the building get it come out which we don't want to do that
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So the outdoor seating we've always had which we could because it was private property We didn't we don't need um We don't need a permit for a cafe because our property line goes out to the parking that's just in front of King Street So we can actually have it there
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can watch and they like to listen to some music out there So this helps from them having to go inside the building all the time back and forth someone can actually service them outside
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because we both have music that play outdoors At that time of night and that night it was I guess a little loud on both sides for them So we both were told to cut them down and we did but other than that we have not Had no one come directly to us in regards to any violations Besides like we said planning our the code enforcement that came with that list Which was after the fact of that one incident that we was brought to our attention Other than that
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which I've submitted Uh over the fact that we're going that you're asking or asking for an expansion into the village into the central business district Okay, and we have several bars and restaurants that have outdoor seating so I Did my due diligence and my homework and I pulled all the incident reports For all the outdoor seating for all the bars and restaurants and you have more than one
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up with chief collier multiple times again They don't come over they they're there again. I'm not sure where those complaints come from but It hasn't been addressed to us
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Yes, that's a great question. Well, the space That we acquired It was taken up by Tops and tails So that space was You know already in process so it wasn't available But once we found out it was available because our space doesn't Allow us to serve food like as far as the spacing I'll go for our backstop We needed an additional space. So that's when we found out that you know became available. We acquired it It was just a matter of coming back up here again To get it extended
So pretty much you you needed that other space So you won't be able to... You will have to keep them separate then right because if you serve food on the side You can't bring it into next door where the hookah is
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Right, and that's why we're gonna ‸ yeah, we already got to work around We're working but most bars do that nowadays where they have the convection kitchens. Yeah
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do. Can I just add a I just want to add to the record that I did Contact the police department the fire department public works to request an analysis on the expansion of the business There was no major concern From the chief the police chief
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only concerned if he was if he the business owner does plan to do his special events to um plan accordingly with security. That When The applicant had a special event at the property I believe they did not coordinate it with having security in place.
but uh, he just mentioned that if he was you know special events will be held where you know security It's needed that that applicants should be You know
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go through a special, you know event again They will do have to go through the process because we do have a process for a special event for any business
‸ So that's why we imposed as the condition if they ever plan to do an outdoor event or a special event They will have to go through that process in order to try to address any concerns related to safety I
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We do we on our weekends we know it's our busiest time So we make sure to have security and we also like she stated in regards to the special events we've met with chief collier So we're on the same page we informed him if we have a event that's going to be or a night where we know It's going to be really packed we don't mind informing him to give you know him the heads up since you know They like to plan I guess their routes accordingly So we did speak with him on that and like she said the with the whole
and so you don't necessarily have to read it all but it it should be noted that you received it if you want to state like I I don't have a copy ‸ in front of me um the From who it was from and the date and it'll be entered into the record And the board should take a moment to review it if you haven't already
Yeah, yeah, yeah, um and i would like to just to take opportunity to amend my comments and with the conditions because i did um reading over my conditions again I did include that the special event should not be hosted in an outdoor seating area
Um then yes at this time if you've submitted a card do i need to read their names or just if everybody honor code stand up please and we're going to swear
Good evening board staff and city attorney I wish to respectfully object to the petition for special exception for the aqua lounge currently pending before you I'm
now I will tell you the basis of my objections I was in attendance for the november meeting and the owner miss simone jackson stated under oath the following
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wine no hard liquor in package store That actually happened after the Public comment had been closed off and a member of the board Said that she felt like we should give them the full liquor license Because If they were not successful and they had to release the space
facebook page of aqua lounge there are outdoor tables and chairs There's a bar set up in the outside corner Which could have been a special occasion? I do not know But I did not see any security There's outdoor drinking on the pad on the sidewalk There was a food truck the food trucks had been parked out there Pretty much from the beginning Which is not permitted in the business district But only allowed within the riverside park during special events
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for various Disturbances that one is the speaker Which we have I live within the 500 range of the aqua lounge And it has been noisy Noise is a very strange thing And maybe what you hear across the street is something totally different And in a remote area This corridor which is very dangerous 520 Is like a canyon So when a motorcycle or something goes down and has a glass pack You can hear it it is amplified It's like a canyon ‸ Anyway There was also temporary flag banners announcing liquor and open Which is not in compliance of the city of Coco sign ordinance
complying with each And every requirement set forth in the application and prove If controlled as to number area location in relation To the neighborhood and we are a neighborhood Would promote the public health Safety welfare Morals order ‸ comfort convenience appearance prosperity or general aware welfare
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expansion To operate an outside area which I do not know how you control the number of people on the patio Or how you control The alcohol from being moved from inside to outside It's not been clear to me Um And adding additional space
the residents of the neighborhood However, by expanding a bar With has a license to have a package stored should they decide to do so in the future Has elements that have been introduced that devalues surrounding residential properties Disturbs the peace Comfort safety and welfare of the residents
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side of king street fails that promise The police have been called to wreck 222 Located across from the aqua lounge 44 times Over the last two years A car filled with inebriated occupants exiting the bar's outside parking lot drove into a tattoo parlor across the street On another occasion an inebriated driver slammed into stumpy's hatchet house These two bars attract a similar clientele Creating a light late night atmosphere that disturbs the peace Health safety comfort and general welfare of the neighborhood
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here about one and a half years ago This owner came before the board to ask for a special exception to be granted for them to open the establishment Where bars technically are not permitted
the board to grant a beer and wine license Clarified there will not be outdoor seating And said no food no restaurant and patrons would use the single crosswalks citing safety concerns on
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special exception for the business And most surprising Instead of granting a beer and wine license said why not just give them a full liquor license I've never seen that i've worked in county and local government for years And i've served here never seen it before Um that also allows for a package store option too At this location now loud music patrons sitting outside At restaurant seating which they've already been doing Uh,
There's already been the accidents that have happened as a result of alcohol and things that I never thought I would see I mean Just the way they careened into the buildings if there had been parking or seating outside of those businesses What kind of liability? ‸ Possibly could the city Be involved in by allowing that kind of seating out there It's just one more layer I think it's uh I I think it's wrong anyway
asked for a records request Received it immediately 25 calls were logged calls include several Calls for disturbance battery criminal mischief Suspicious activity robbery burglary and other police services You can get it from the police department I respectfully ask the board of adjustment not to reward this establishment's poor behavior And please do not grant the expansion of this business and please deny outside seating Lastly regarding outdoor seating I implore you to look at the possible liability that could happen as a result of this Um, I can't imagine What would have happened if lives had
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The proposed expansion will not only enhance the customer experience with more space and outdoor seating It will further position coco as a destination for safe inclusive and community-centered nightlife
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Owners have have repeatedly shown up for the city of coco not just in word but in action one powerful example was their collaboration with uh The catalina wine mixer where they were together they collected cangas and provided thanksgiving that provided thanksgiving meals support for families in need In the city of melbourne so they're not just affecting what happens in
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they're also Positively affecting things that that are happening in other parts of brevard county It wasn't just a drive it was a coordinated act of love and service that impacted households facing food insecurity during the holidays But it didn't stop there
student scholarships ensure that our next generation doesn't just dream but has the resources to pursue those dreams They have donated clothing bedding and essential personnel items to students at endeavor elementary and provided much needed school supplies
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These are the kinds of partnerships that weave together a stronger more compassionate community This is that their expansion that they're requesting is not just about increasing square footage It's about increasing their capacity to serve engage and uplift by adding
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of their loyal customer base While also preparing to host more events that can benefit the entire city of coco This is a business that chooses to give back every step of the way a business that turns social events into opportunities to serve others A business that has that is rooted in coco but reaching out with open arms
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successful brunches networking events Pretty much bringing the community together if that's in aspects of us getting together having a drink socially Uh, it's getting together networking. Um, ‸ how
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has helped my business So I owned the brunch chick food truck and catering Before I can tell you right now my clientele was Not not so much pretty much
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She let me post ‸ to put a table up offer appetizers to um Everyone in the networking events and I kid you not My business has flourished in in one thing ‸ we want to do is Business in in coco. I have done so much business in in the city of coco Um, just putting that out there and then also with the food trucks my food truck was one of the it's not listed in your picture Uh, that's actually my brother's food truck. Uh,
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So I don't attend all of these um Events which the pictures y'all ‸ displayed but I tend most and they are and those events are even Bringing the community together
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me and my husband we get dressed up they they like um This saturday they're having an all-white party and this brings in a older crowd, but still. These events bring like A lot of people together and not even just that even with the outside music. Um I go to ryan's pizza. They have live outside music. I go to timeout They have outside music It
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Could i get clarification two comments came up early about the i don't remember I mean, I was on the board of adjustment, but I don't remember exactly the whole thing about
just want to make it clear that you know what ‸ you the special reception is to allow the cells of alcohol So most of bar and lounges under the code are required to go to the special reception We do one back
yes, so Even if it was discussed during the meeting if it was not set as a condition It cannot be imposed And i noticed that it was something that was done in the past with previous staff
as some of ‸ those before me, but I just want to let you know i'm a 30-year veteran of the united states navy With that i would say i'm big on following rules and laws and doing the right thing. I don't associate myself or my wife with any brand that is contrary to that So i'm here really ‸ strongly urging you to approve this expansion uh because
She's all about following the rules, following the laws. Are you going to be perfect 100% of the time, all the time? Maybe not, but she is definitely trying, sir. And I will tell ‸ you that Aqua Lounge has been a
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I started smoking shisha. That's what they call it over there. And when I came back to the States, nobody really knew what I was talking about. And over the years, it grew and grew and grew. But I will say ‸ that a high percentage of the hookah lounges that you find anywhere, they are going to be your proverbial hole in the walls. When I went to the grand opening of the Aqua Lounge, sir, ma'am, everyone, that place is so elegant. It's classy. It's where, you know, grown people like to hang out. You know, people who are professionals like myself
We haven't had anything like that. This is a great alternative to having to drive to Orlando and having to spend the night because maybe you've had a couple of drinks and don't want to get back on the road. uh and again, like I said, I know nobody's perfect, but I know that Simone and even Jimmy, they do everything that they can to follow the rules and abide by the rules and provide a great atmosphere, not only for
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but just for the entire Melbourne area. So I am sorry if there are people who are clashing with that or think that, you know, nothing's good coming out of there. But I personally would not associate myself with something that was you know not following the law or the rules or whatever. And I know that they try hard and they do that day in and day out. So thank you for your consideration. I actually, I asked that you would strongly consider approving that expansion thank you
[01:13:00]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
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business district. It's also. A living area, the residential area. There's hundreds of people that live back behind behind there. And we all hear what goes on out there ‸ my concern really is the noise municipal code 13.5 article 2 noise is um nuisances. um so in the past two years, I've made four calls to the
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i could find out what was going on. The security guard standing at the front was standing next to a big amplified speaker blasting the music out into the street. I said, man, is there any way we can turn that down? I mean,
us. And I know it's disturbing other people. So he got on his radio and, uh called out Miss Jackson. She walked out and I said, hey, could you, this is really loud. Could you just be a good neighbor and turn it down? because I can hear it all the way up there.
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blasting from the road You know, being a good neighbor has many aspects, taking care of the community and everything fine, but also your immediate neighbors need to be able to sleep, especially after midnight. So another concern also is that we, everybody knows that
Having people out, more people out on that sidewalk at night with drinking going on, traffic going down there is just an accident waiting to happen. So I would urge the board to deny the expansion to the sidewalk. Definitely. And if they can't be good neighbors with their noise, I would consider reconsider their entire business license when it comes up
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[01:16:06]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
Mr. Chairman, members of the board. My name is Mike Minot. I'm a member and unit owner of the Whitley Bay condominium. And I appear in opposition to the special exception.
[01:16:17]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) · Unclear audio
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[01:16:21]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
outdoors, even though the patron activity is confined to indoors. And currently there is no designated outdoor seating or entertainment. This music has been highly disruptive to the residents of both Whitley Bay, where I live, and also Whitley Bay West. You've heard from others that are in the community as well. So the residential community is adjacent to this activity and the loud music has disturbed us on many, many occasions. As this board is aware,
[01:16:50]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) · Unclear audio
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[01:16:56]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
is compatible with the adjacent land owners and uses. And it will not adversely affect the public health, safety, and welfare of its neighbors. However, in this case, the applicant has failed to regulate the volume andhas
[01:17:09]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
of operation, even without outdoor approval. If approved, we can know that the residents will suffer an increase in frequency, volume, and intensity of the noise and disruption of our lives. Residents have a reasonable and legal expectation of quiet enjoyment, particularly during the evening and nighttime hours. outdoor music of any kind will magnify the existing conflicts between the bar and its
[01:17:36]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) · Unclear audio
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[01:17:40]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
realistically realistically mitigate open air music in close proximity to multi-story residential buildings.
[01:17:48]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) · Unclear audio
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[01:17:51]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
10 stories. We look over the hookah lounge. These are code enforcement issues. But as we know, the code enforcement officer is at home sleeping in their quiet environment when all this is taking place. ‸ Code enforcement does not show up and investigate these things that happen at the wee hours of the morning.
[01:18:10]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) · Unclear audio
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[01:18:26]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
the music music was turned back on, and it was louder than before. Respectfully,
[01:18:32]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) · Unclear audio
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[01:18:35]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
There should be no outdoor music of any kind ever permitted at this establishment, given the sensitivity of the residential environment and the likelihood of irreparable disruption to hundreds of nearby residences. At a minimum, this board should require indoor only activity going forward. This is not a case of neighbors being unreasonable. It's a case where the applicant is trying to introduce a commercial intensity that is fundamentally incompatible with the high density residential uses that this city has approved and has built, and those people are living there. Thank you for your consideration.
[01:19:15]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) · Unclear audio
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the people that have spoken in favor of this idea don't live in the village. That's very important to remember that. When they go home, they don't have music that keeps them up at night. Very important point. Now,
I was asked by the council when I was on the council to ask for the downtown area to be considered a blighted area, which means that the percentage of the taxes that's paid that's
on the property don't go to the county anymore. They stay in this area that helped to create what we have now. So for 44 years, it has grown to residential numbers that nobody anticipated, including me. And
that got so upset that it was approved, we had an appeal made. And during that appeal, there was an attorney, a real estate appraiser, things like that. Here's the main thing that he presented. When you have a house that's living where it's next to an airport, a lot of noise from the planes, right? You take that same house and put it to where there is no airplane noise and all that, worth more money, right?
going to sell a condo on the river without mentioning that at night you might have a problem sleeping at two o'clock in the morning? So let's not use these recent four years that we've had this issue been a problem to change what the success did happen in the village. And we're getting almost $2 million a year to reinvest in the downtown area because the TIF program. It's getting to the point where it is almost repeating what we've been to already.
The main reason is the value that will be lost by the residents. And do not allow this to change what created the success that this has become, Cocoa Village, for 40 plus years. Don't let the recent two or three years try to change that. Because that's one thing I learned with my family being the business,
but tonight I am here representing the Space Coast Black Chamber of Commerce. I'm the president and CEO and the Aqua Lounge is one of our members. And so I've heard a lot of dog whistles tonight. And so we're gonna get right down to business. And so I heard that the building was a professional building.
when there was a swingers club operating upstairs above the Aqua Lounge, which was Club 3X. And I know some of you all in this chamber know about Club 3X ‸ because it was brought up before at a city council meeting. So once again, I find it kind of ironic to say we have this professional setting when there are residents coming from out of some of these condos that are members of this swingers club. Another thing is it is known knowledge from even this chief of police and the past chief of police and the past city manager that the Ku Klux Klan headquarters was also in the village. We also know that they are meeting upstairs at Elks Lodge. But once again, this is a wholesome village, which is ridiculous. So at this point, we know that people have been calling the police and so forth. And I have spoken with Simone. I know that she's spoken with the chief. She has done records requests. So now I'm going to do a verbal records request on the record right now. So Madam Clerk, I am verbally asking for the public records of all copies of complaints to the city of Coco and to the police department. Copies of all records requests to the city in regards to anything dealing with Aqua Lounge. I'm also asking that these records are sent digitally. I do not want hard copies.
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And I hear a lot of dog whistles. And I think that even some of the council or the board members may have already have a bias. And I know that some of you all know some of the people in this audience. So once again, I am in support of Aqua Lounge expanding its business. Thank you.
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All of them. You know, like everybody else probably have already been to a nightclub and had a drink or whatever, right? So we'll pull that up first before we start. Also the other one where I was facing also.
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I hear a lot of complaints about the music. So this is my deal. Say they turned the music down, correct? There's still people on the patio still laughing. We're still talking. We're still drinking. Is that going to be a complaint next?
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But can you pull up the reports where they called in Rec. 225? We've seen the city of Coco. They've been out there 1.30 in the morning, 2 in the morning. Why don't they direct traffic out of there if that's the problem? They just stand there. Taking tax dollars. Now, my thing is, they're complaining about this music.
You guys seen all that, right? How many people were downtown Coco? Did you get any complaints? And I'm just guesstimating. That was 4,000 plus people. It was a lot of people. You see where I'm going with this? We're getting targeted.
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complaint by 11.30. With that being said, I did write something up, but I don't need three minutes. This expansion will be great to this community. It will bring you positive vibes. And if you guys just take a time out of your day to see, you will see why you guys will be making
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I sit on various boards for the city of Palm Bay. So I see a lot of things as it relates to infrastructure, as it relates to business taxes and such. I think that having the business here is definitely a plus. It is definitely something to consider. The business is already here and already flourishing. Things in which I've heard, if we're being quite honest, it sounds to me, as the previous person stated, a target. So if we're going to sit here and have a real conversation, let's have a conversation about fairness. So there are multiple businesses within this district. I visit there frequently because if we're being quite frank in the city, in the county of Brevard, there is no other place to go to
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I'm originally from Miami, Florida. I've been here for six years. So I know what it looks like to have a festive environment where you can do all things, where you can have your business, where you can have your pleasure, where you can take care of your kids, where you can enjoy your kids and such.
Even going there, I see different colors of people. So this is not just a brown situation. ‸ There are people that stop by even when we had our event, which was an R&B bingo. It was a daytime event. It was on a Sunday. It appeased to the older crowd that was leaving church. They were able to come out.
When you drink, you want to eat. I would hate to know that Coco is responsible for somebody coming, consuming alcohol and hookah and not having any food to soak that alcohol up. And then, God forbid, something happening to them. That would be, ‸ quite frankly, on your watch because you all are not allowing the expansion. The expansion is not going to impede or cause anything additional than what it already is.
which was being offered before, but due to the ‸ issues with the city, they are no longer ‸ able to do that via food truck. So, ‸ again, the expansion is only to allow ‸ for us to provide food and to move forward. Thank you for your time.
‸ The last two speakers came up. They covered everything I wanted to say. I just want to add that ‸ whatever comments they had against us, they were very vague. It's like basically they were just saying stuff that they heard from here. They didn't know where it was coming from. They're just assuming, ‸ which is very vague.
could be coming from the 225 spot or Dungeon and Dragons. You don't know where that stuff is coming from. And that's pretty much all I had to say because the last two speakers said basically what I was going to say.
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mean, just based on my ignorance. How, you know, I see this in here about, you know, this 10 o'clock, you know, no amplified music. And I hear a lot of comments about the music and stuff. How is that
[01:34:24]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice · overlapping voices
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to pass, like, speak too much out of it. But I know internally we've been discussions and trying to revise some of the, you know, the language for the noise ordinance.
Now the process becomes a code violation. So when the condition is imposed in the business, or even if it's not imposed, because we do have code language for noise, and every business in the city,
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Is it a code enforcement like I know with, you know, chipping paint and yards up to your head? I mean, is it something like that that gets imposed on the, you know what
a code enforcement. ‸ The intent is always to give ‸ the property owners or the business owners time to comply. Right. So they initially they, you know, I believe they go talk, you know, discuss the issues. They go talk with the business owner or the property owner and so giving them time to comply. And then after, if it's not complied, it is taken to the code board and then ‸ from the code board and then it becomes the process.
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all the concerns that I heard from the community. You know, the. Me personally, I knew some of those concerns. I did share those with the applicants that in regards to the noise, especially the regards to the noise.
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a recommendation for the applicant where amplify music is not going to be permitted after 10 o'clock. We also try to address the problem for. The special events, as I mentioned, ‸ if the board decides that, you know, the applicant should not conduct special events outside is something that it can be maintained. Also, if you believe that some of
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conditions can be modified to try to address some of the concerns of the community, we can try to. Um, implement and try to see what we can do to. Modify
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Well, the language that we have on the ordinance for the noise orders, but also the similar business that we noticed like teen whiskey, for example, just want ‸ to say example.
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whiskey offers live music in a lot of places in Cocoa Village do offer live music, but they do close at 10 p.m. Um, so there are not that many, uh, business in Cocoa
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so that's why we tried to limit it just to try to comply with the noise ordinance ‸ and also in respect that many business there are offering or even concerts in Cocoa Village or if there's any events. Normally they do finish in early hours. They do not prolong after 10 or 11 p.m. So it's that in that sense that we try to establish the 10 p.m.
for amplified music outside, um, that would be essentially that a violation of that condition could be enforced, um, with the code board. It would be a zoning violation that could be taken to the code board.
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Yeah. But how is code enforcement going to enforce this on a Friday or Saturday or Sunday night when there is no code enforcement here that late? I'm addressing this for the people that had concerns over the loud music.
and Jennifer, she's here. Or sometimes they do get, you know, emails on complaints. So it doesn't have to be at the moment where they're, you know, actually committing the infraction. But just a complaint from someone, you know, they will open the request to ‸ investigation for the code enforcement to check to see what's going on. And, you know, ‸ just please keep in mind that you're granting this business the capability to sell alcohol with these conditions.
send in false complaints like they can do it, they don't know where that noise comes from. That's why the police only came out to us once. The majority of that you they hear is people in their cars. We can't tell people to go up to their cars and cut
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music down. That's public parking. That's why they don't come to our space to tell us, hey, your music is ‸ loud. Because that's usually people in their
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They just hear a lot of vehicles playing loud music. That has nothing to do with us. So if somebody calls in and says, hey, they're playing loud music.
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no one actually, it wasn't us, it was a vehicle. Because they sometimes park in front of us. They don't even meet our clients or customers. Sometimes they'll park around our building. They go straight to downtown in the middle area.
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2 a.m. It's public parking. We don't enforce that. So the majority of that loud music that they keep discussing is people in their ‸ vehicles. ‸ We can't do nothing about that.
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So with this, guys, like, with the, with the, you guys, I hear you guys are talking about how to, like, really get, like, ‸ how to monitor it. So if you're going to monitor us, do you monitor 225 Rec? Do you monitor the Dragon Room? Whatever it is. Do you monitor? How do you time out? How do you monitor just us?
You're here. So that's why we're talking directly to you, because you are here. But you have to think that code enforcement, if they go investigate a complaint, ‸ they go to investigate a complaint. If the complaint states that
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it's coming from that building, which is, you can't prove that. All you're doing is getting up mad, cranky, whatever. You can't sleep, whatever. All right.
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Mr. Minot, you could come just finish here with the public comments, please.
[01:44:51]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice
Very quickly, thank you for a second comment. I didn't mention that one evening when this was taking place, it's a fair question. Where does noise come from? Sometimes we can see it because we're so high up. We can see the different places. The difference is this is from the outside. And so to make sure I was understanding correctly, at 1130 at night,
[01:45:12]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:45:16]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice
And I walked down. And if we see the front door right there, to the left of that front door was a large speaker. Nobody was outside. There's nobody doing anything, drinking or eating or anything like that. Everyone was inside. But there's a speaker outside ‸ that had like a wheel, some kind of colorful wheel that went around.
[01:45:35]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:45:39]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice · overlapping voices
So I did my own investigation. I know where it comes from. Secondly, ‸ it's absolutely fair to say that there are some people who are having difficulty with code enforcement because how do you pin the tail on the donkey? ‸ That's what we're
[01:45:53]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified)
the code enforcement officer, by the way, just by way of background, once upon a time, a couple of decades ago, I was a county code enforcement prosecutor for the unincorporated area of Brevard County. I worked as assistant county attorney.
[01:46:06]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) · Unclear audio
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[01:46:18]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice
And there's a building violation. It stays there the same in the day and the night. It's fair to say, well, we might get the applicant might get unfairly pinned with something that's not theirs.
[01:46:30]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:46:34]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice · overlapping voices
enforcement problem on both sides. If they really are enforcing it, how do you get it through the system? Nearly impossible. If they're wrongfully accused, how do they defend themselves? Nearly impossible. This opening of the door is what's going to cause a huge problem. It's going to stay there because this is now turning into a zoning issue. Once you approve this-
Flag: numbers, amounts, negation or names differ between the machine readings · 01:46:58–01:47:00 · unresolved: the words are not shown (unclear audio); listen to the recording
do we- ‸ Like, to me, I'm saying, do you got to shut it all down? Or ‸ it's like, what's the overcompensating- ‸ You know, I don't know. That's what we're just trying to understand.
[01:47:13]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice
That's another fair question. But the orientation with respect to where I live and work is this establishment.
[01:47:20]▶ PlaySpeaker 5 (introduced as “Mike Minot” — machine-transcribed, not verified) + overlapping voice · Unclear audio
and then it was appealed and it was stopped. And now, if they ever violate again, it's a $500 a day fine. But it's very simple. We're not against their business there. The ‸ simple thing is outside loud music. They have plenty of room indoors. Burn your ears out. It's not going to be the same as being outside. The other bars, the reason why you don't hear much about them, because they stay below 63 decimal meter readings.
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‸ Also, I have signatures of over 120 people that are residential and commercial businesses that have signed a petition complaining about outside music volume. That's what this is about. We would not be here if we're concerned because we're concerned that this is going to grow and continue the problem that we've got already. It's high volume on the outside. That's simple. Let them open their business. No problem. It's the outside music period.
I'm sorry, Kristen. ‸ Thank you. So since we allowed some additional ‸ public comment, the process should be that the applicant and the city staff, they're given an opportunity for ‸ rebuttal before you begin your deliberations.
Okay. So the applicant has a ‸ last comment and then the city staff does. ‸ Okay. If the applicant would then come up and just make their final comment, please. Thank you.
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and they see it's not us, it is vehicles, which they have told vehicles multiple times, cut your music down because they handle that. We cannot tell people in parking lots, in public areas, cut your music down. Again, like Jennifer or it was Lucy who stated the police office, the chief confirmed only one call where it was. And I even said that it was us and Rick. We cut it down. Again, the customer saying, I came out saying private property was not me. He spoke with someone else, but that was not me. So that was a lie. But again, if we, if our music really was an issue, the officers who sit outside our building and Rex would have to come and told us multiple times to cut it down. Again, that goes to show it's not necessarily our music that's loud. It's surrounding vehicles or whoever is in the area, including our music.
Flag: numbers, amounts, negation or names differ between the machine readings · 01:51:29–01:51:30 · unresolved: the words are not shown (unclear audio); listen to the recording
So we can have our little, ‸ our little speakers that are mounted to the wall that our customers can hear just after that. It just can't be, it has to be in compliance. And again, that's fine because again, the officers are sitting right there every Friday, Saturday.
Oh, we agree because again, our business, we do theme nights. So what may look like a special event is just us doing regular business. If it's something to where we know we're going to have X amount of customers, we come to you and get those permits, which we have done for the two events that were huge. Any other time, it's a regular night just because we have a lot of customers. They can stand outside. That's not against the law. They're able to be out there. But unless it's a big event where we know we're going to need that extra space, we've come to you guys and got those. So we will remain with getting that permit when needed. Any other time, it's just us doing regular business.
Flag: words were replaced by a machine repair · 01:52:34–01:52:35 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
is one of the conditions that you would not be holding those events anymore for an outdoor area. You could have events in the indoor, but not outdoor area.
That's what I'm saying. We don't have events. Our business, we have themed nights, meaning we're a hookah lounge. So we may say, wear red, wear purple. Come with your flag from your country. That's not an event. That is just a theme to draw in customers because they like to dress up.
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:53:01–01:53:04 · unresolved: the words are not shown (unclear audio); listen to the recording
That was a big event. So we got the permit. And then we had the boots on the ground where that was a ‸ huge event. We got the permit. All the other nights, even if there's people outside, that's us having a regular night.
Again, public, people can stand outside. It's not against the law. ‸ Business, yeah. We just have people that like to sit out there. They'll sit and sit and have their drink. They'll look up at the TV, watching the games. Clearly, you can see the TVs. They mingle with their friends. Sometimes they like to get out there to get a breeze or they like to people watch. It's outside seating. It's not a special event. It's just customers that like to go outside. And again, we don't allow cigarette smoking. So they can't smoke cigarettes. They can't smoke tobacco or the cigars. We only permit hookah in our building. So majority of those people like to smoke cigarettes or cigars. They go outside. And that's why half the time they're out there anyway.
Yeah, I want to get a little clarification just to make... Like, I feel like we can find some middle ground here. So what I'm reading right here is there shall be no amplified music permitted in the outdoor seating area after 10 p.m. I'm seeing a mobile speaker. I'm very familiar with the unit.
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that conversation on the phone with Lucy. I said, we don't agree with not having music at all. It's just we will comply with that noise ordinance of that amount, which is 60, which again, but to completely cut it off. Yeah.
Flag: numbers, amounts, negation or names differ between the machine readings · 01:56:02–01:56:06 · unresolved: the words are not shown (unclear audio); listen to the recording
So ‸ the language that we added to the condition, it actually comes truly from the code. It is part of our noise ordinance that should not be allowed, you know, more than
after 10 p.m. So ‸ what ‸ that means after 10 p.m. will be just like a normal conversation voice. So wouldn't it be music? I try to talk to you, Mrs. Jackson, saying that is a concern the community have not only with your business, but other business in Cocoa Village. And even if it was not set here as a condition, because this is part of our noise ordinance,
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And they are a restaurant that close early. They do not operate after hours. And ‸ as I mentioned, when there are special events and concerts in Cocoa Village, they do end at early times. I know there are other
the issue. You know, code and process and things have to be amended and changed in order to change the, you know, to solve the issue. And I think it was discussed before with council members, through city council, through ‸ city
Flag: words were replaced by a machine repair · 01:57:58–01:57:59 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
You know, they know. So I just want to highlight that if the, and I state again, if the board, you know, wants to change some of the conditions, we can try to modify, to try to, you know, grant the special reception with, you know, things that you feel are important for the applicant to ‸ do.
That's a condition for you in order to have, staff does ask in order for you to have an outdoor sitting area where people are going to consume alcohol and smoke hookah, whatever it is, that after 10 p.m. ‸ You will not have music. We do, we do ask that.
Flag: words were replaced by a machine repair · 01:59:06–01:59:07 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
regarding the noise ordinance. It says ‸ the following acts and the causing thereof are declared to be noise disturbances in violation of this article. Loudspeakers using or operating any loudspeaker, public address system, or similar device
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That's the ordinance. But as far as the speakers go, that's not what it states in there. So, to push ‸ it on us to make an agenda of you can't have it, we'll address everybody else later.
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It's like a conversation. That's why I want to make it clear to you. Because even if you have the speakers, you're not allowed to have the speakers loud. You cannot amplify the music from the speakers so you cannot be loud.
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 02:01:27–02:01:35 · unresolved: the words are not shown (unclear audio); listen to the recording
Right. So, why is it going into our special exception if it's an ordinance? So, that should just be something that's not even in there and then we get violated if that was the case like anybody else with code enforcement. It should not be in our special exception if that was the case.
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is just again They're out there so they can see when those calls come in it's not our music So you're going based off all these complaints that are possibly people in their cars or any other business
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:02:50–02:02:55 · unresolved: the words are not shown (unclear audio); listen to the recording
stated in order to I'll restate it in order to accommodate the concern for the community We have imposed this condition as stated in the noise ordinance and it is not just for It's not specifically for this special
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that is for a bar in lounge We have imposed the same condition to other business And if the business is being existing in the village You know they didn't come through us But if they come back would be imposed on them as well
understand the ordinance There is you know a gap in the system You know staff and as I stated before everyone is aware of You probably will take time but will be addressed But as far as even if the board decides to remove that condition
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So in listening to everyone tonight Which I do appreciate everyone's comments Okay And I do understand The incident reports from this city I'm not going to call out different bars or restaurants I'm just going to say that all of them have had violations Multiple violations And you're not the winner by the way Okay I pulled them all I went to city hall today And went down to the police chief's office
But the majority of them are due to the noise Because I'll ask specifically By their incident type What this meant So I spent a lot of time Understanding this report
really early So In saying that No one is being targeted in this We're just trying to understand I served on this board When you stood before us And you got the hookah And I voted for you then Okay Because I have a hookah at home I am Lebanese Okay So I'm all about this hookah Okay No It belonged to my grandfather And I'm not putting my mouth on it But that's okay Okay So
Okay And there's no problem with you having that inside Okay No problem But when you bring it outside And it gets loud And I understand that those cars in that parking lot Do cause noise And I've heard it I've been in this village late at night And I've heard it And goodness gracious I can't tell where it's coming from either But I can tell if it's coming from The parking lot Or ‸ a building Or down the street Okay
have heard that same noise So Saying all that Staff recommended Which you saw They cited the code Which states Which has always been the code Which we do have a problem Okay And you know And I feel sorry for staff And the city Because they hear it a lot And our council And everyone in this room Especially those that live here On the noise The noise ordinance Has been part
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And the city And not only the downtown district For many years I'll just put it like that And it strictly states That There's no amplified noise After 10pm
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I also think this number 8 Should say Without a special permit Right ‸ That's the other thing That was a little bit confusing Right I mean it said Special events Shall not be hosted In the outdoor seating area But then Somebody said something about You could apply for a special permit
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So It's up to the board If you want to allow her To have special events outside We can modify To accommodate that And then that would trigger her To go get a permit For a special event If it is held outdoors Or you can maintain that condition And then the applicant Would not be allowed To have special events outside And we're talking about The outdoor area
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did not discuss With the applicant I tried to show her The staff report With the conditions But as far as I asked Today She said Mainly all the events Are indoors
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event And for example She said something earlier She said they'll do colors Right So if Everybody there Is in colors And they're inside And There's just a moment That they say Hey Let's go outside I don't know Let go of some balloon Whatever it may be How can we Know the difference That because Everybody's outside Past probably The area that We're telling them To be approved
a special event? You know, is it only is a special event only when they pull speakers out? Is a special event only when they pull a bar out, you know, hang some things up? What exactly would a special
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outside area, that's considered a special event. Other businesses in Cocoa Village, they do once in a while. Village Idiot, for example, they close the street. Sometimes they have bands and people drink alcohol on the street. Sometimes there are special events
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Yes In her situation You know She did request One because She was serving Alcohol to the patrons Like it was Showing those pictures You can see So in this situation
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She can have Her events As special Things for the weekends As she has Going on indoors And do people Do walk outside But then she's not Going to be allowed To have a bar Outside Or tvs Outside For people
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So special event Has a definition In the city code So I thought It might be helpful To ‸ say What that is It means Any public Celebration Or gathering Such as
Entertainment Dancing Music Dramatic Productions Art ‸ Exhibitions Parades Or the sale Of merchandise Food or alcohol Or any combination Of the foregoing Which involves The use of Or impact
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Property As well As property Dedicated exclusively For public use Where the nature Of such Special event Requires The erection Of stages Barricades Utility
execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances. So yeah so
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But like Say for instance If she wanted To do a special Event And she wants To close Is it Florida Avenue That you have Close to the property She could have Request You know A permit Say for instance For example And close that Street To have a special Event For her business
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would Have not Limited The indoor And the outdoor Area But also Like a street Closure For her To carry On Whatever special Event ‸ She Would like To have
And I'd like To just throw In a few More Reminders That the Applicant Is requesting And we're The special Exception Is only Approving An additional 20 seats In the outdoor Area
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Of clearance For pedestrian Passage And that Includes Bodies So nobody Will be Able to Stand Loiter Linger In that Space That space Must be Kept Clear During ‸ The outdoor Activity
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What The Special Exception Is ‸ Defining Right ‸ And As far As The Accessibility Passage Although It is Your ‸ Private Property There That That's A concession And One Of The
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