HomeMy WebLinkAboutMarch 23, 2011 P & Z PacketCALL TO ORD
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NEW BUSINESS:
'ltYCapeof Canaveral
Community Development Department
NG & ZONING BOARD MEETING
CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
MARCH 23, 2011
7:00 P.M.
AGENDA
1. Approval of Meeting Minutes: February 9, 2011.
2. Recommendation to City Council Re: Amending Chapter 110, Zoning,
Section 110-486, Resort Dwellings and Resort Condominiums.
3. Recommendation to City Council Re: Amending Chapter 110, Zoning,
Article VII, Districts, to Permit Breweries with Tasting Rooms and
Associated Retail Sales in the M-1 Light Industrial and Research and
Development District.
OPEN DISCUSSION:
ADJOURNMENT:
Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person
decides to appeal any decision made by the Planning and Zoning Board with respect to any
matter rendered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission
into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law. This meeting may include the attendance of one or
more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement
and/or Community Appearance Board who may or may not participate in Board discussions
held at this public meeting. Persons with disabilities needing assistance to participate in any of
these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of
the meeting.
7510 N Atlantic Avenue — P.O. Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
u;ww.myflorida.corn/cgp- e-mail: cityofcapecanaveral.org
PLANNING & ZONING BOARD
MEETING MINUTES
FEBRUARY 9, 2011
A Regular Meeting of the Planning & Zoning Board was held on February 9, 2011, at the City
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called
the meeting to Order at 7:00 p.m. The Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Bea McNeely
John Fredrickson
Harry Pearson
Donald Dunn
MEMBERS ABSENT
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kim Kopp
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
2nd Alternate
Secretary
City Attorney's Office
Planning & Development Director
Approval of Meeting Minutes: November 10, 2010.
Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of
November 10, 2010. Motion carried unanimously.
2. Recommendation to Board of Adjustment: Special Exception Request No. 11-01 to Allow
On -Premise Consumption of Alcoholic Beverages in the C-1 Zoning District at LaFiesta
Mexican Restaurant, 7802 N. Atlantic Avenue, Section 23, Township 24 South, Range 37
East, Block 25, Lot 9, Avon by the Sea Subdivision — Alice Fusillo for Alice's Fiesta, Inc.,
Applicant.
Mr. Brown reported that the property currently had a Special Exception for beer and wine only.
Ms. Fusillo, owner of LaFiesta Mexican Restaurant, was requesting another Special Exception
that would allow her to provide full liquor service to her patrons as well as beer and wine.
Mr. Brown informed the Board that the surrounding zoning and uses were C-1, Commercial. He
explained that the City code called for a minimum separation of 2,000 ft. between
establishments that serve alcohol with certain exceptions, one being restaurants that have a
minimum of 150 seats. He verified that LaFiesta qualifies as an exception to the separation
requirement, as there is seating for 150 persons, and the restaurant also meets the code
requirement to be located at least 300 ft. from churches, schools, and playgrounds.
Planning & Zoning Board
Meeting Minutes
February 9, 2011
Page 2of3
Mr. Brown advised the Board that all the required parking would not be on site. However, the
City code allows for parking to be provided off-site within 500 ft. of the subject property. He
stated that there was a parking agreement for the use of spaces at the Wachovia Bank.
Discussion was held regarding on-site parking, and signage to inform customers off-site parking
was available. Following discussion, Ms. Fusillo agreed to install a sign of reasonable size at
the corner entrance of her parking lot and on the front door advising customers that additional
parking was available across the street at Wachovia Bank.
Dianne Kennedy, owner of Lamp Post Lounge, and her daughter Isla Kennedy -Jones, voiced
their concerns and commented regarding customers from the restaurant parking in their parking
lot; and the training of restaurant employees on serving customers alcohol. Mrs. Kennedy
advised that she opposed the request, because of additional competition by having another bar
next door to her establishment. Ms. Kennedy provided a bartender training course brochure
that she uses to train her employees. The Board Secretary noted the training course
information and returned the brochure to Ms. Kennedy.
A discussion followed regarding the special exception criteria worksheet, staff analysis, and
seating pian. Ms. Fusillo agreed to improve the seating plan to clearly depict how many seats
each table would accommodate to meet the 150 seating requirement. Mr. Brown advised that
staff recommended approval of the request.
Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of Special
Exception Request No. 11-01 to the Board of Adjustment with the following conditions:
1. Improve the seating plan to clearly depict how many seats each table will accommodate
to meet the 150 seating requirement.
2. Install a sign of reasonable size at the corner entrance of her parking lot and on the door
advising customers that additional parking was available at Wachovia Bank.
Vote on the motion carried unanimously.
OPEN DISCUSSION:
Mr. Brown asked the Board members if they had any questions about the article that was in
their Board packet regarding Sarasota County's Revenue Study on the fiscal analysis that
demonstrated that the higher density of a mixed use development generates significantly more
property tax revenue than a typical single family development or typical commercial property. A
brief discussion followed regarding zoning overlay. Mr. Russell explained that a zoning overlay
is the mechanism that will implement the City's visioning. He further explained that an overlay
was where you take the existing zoning and overlay it in a way that is negotiated to enhance the
best features of development. Discussion was held regarding planned unit developments,
residential planned unit development, setbacks, and increased height. Mr. Brown advised that
the Sheldon Cove project will be the first development in an overlay district, and the uses will be
office and retail similar to what they had presented to the City three years ago.
Planning & Zoning Board
Meeting Minutes
February 9, 2011
Page 3 of 3
Mr. Brown informed the Board that the Casa Canaveral Assisted Living Facility's architectural
drawings were scheduled to be presented to the Community Appearance Board on February
16, 2011. He stated that City staff was waiting for the second submittal of the project site plan.
He noted that the major issues were already addressed.
Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 8:13 p.m.
Approved on this day of 12011,
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
Date: March 18, 2011
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: March 23, 2011 P&Z Board Meeting
There are two action items on the agenda for this meeting. The first is a proposed
revision to the resort dwelling provisions of our code (see attached memo from Building
Official, Todd Morley).
Jim Massoni of Florida Beer Company is considering location of a brewery in the former
Marshall Manufacturing building. This property is located in the M-1 Light Industrial
Zoning District which does not allow for a brewery. Mr. Massoni is requesting a code
amendment to allow for a brewery in M-1 Light Industrial District (see attached
application and collateral material explaining the nature of the proposed brewery).
Stay informed about City activities by reading the Weekly Update prepared by Staff and
posted to the homepage of the City website each Friday.
If you have question or comment, call me at 868-1206 or email
B. Brownp_cityofcapecanaveral. org.
V1 LA I I Lei
Date: March 16, 2011
To: Planning and Zoning Board,
via Bar. Bro•,-sn, Planning and Dever tent Dire --tar
From: Todd Morley, Building Official
RE: Revisions to City Code Sec. 110486, Resort Dwellings and Resort Condominiums
Currently, legally nonconforming resort dwellings and resort condominiums automatically
lose their nonconforming status with the City if their state -issued license is revoked by the
Florida Department of Business and Professional Regulation for any reason, or if the license
otherwise expires or lapses for more than 30 days.
At the January 4, 2011 City Council meeting, Councilmember Morgan made a request to
further discuss City Code Section 110-486 Resort Dwellings; Resort Condominiums;
Nonconforming Use Status, Expiration. Councilmember Morgan has stated that his belief is
that a Resort Dwelling or Resort Condominium established in accordance with this Ordinance
should retain the right to operate as such, even if found to be in violation of City Code Section
110-486(c)(2):
(c) Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one of the following occurs:
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110-197 of this Code;
(2) The Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation revokes the resort dwelling's or resort
condominium's license for whatever reason, or if said license should otherwise
expire or lapse at any time for a period of time in excess of 30 days.
(3) The resort dwelling or resort condominium unit has been repeatedly found to
be in violation of applicable building, fire and zoning code requirements on more
CITY
OF
GAPE
CANAVERAL
COMMUNITY
DEVELOPMENT
DEPARTA'IENT
Date: March 16, 2011
To: Planning and Zoning Board,
via Bar. Bro•,-sn, Planning and Dever tent Dire --tar
From: Todd Morley, Building Official
RE: Revisions to City Code Sec. 110486, Resort Dwellings and Resort Condominiums
Currently, legally nonconforming resort dwellings and resort condominiums automatically
lose their nonconforming status with the City if their state -issued license is revoked by the
Florida Department of Business and Professional Regulation for any reason, or if the license
otherwise expires or lapses for more than 30 days.
At the January 4, 2011 City Council meeting, Councilmember Morgan made a request to
further discuss City Code Section 110-486 Resort Dwellings; Resort Condominiums;
Nonconforming Use Status, Expiration. Councilmember Morgan has stated that his belief is
that a Resort Dwelling or Resort Condominium established in accordance with this Ordinance
should retain the right to operate as such, even if found to be in violation of City Code Section
110-486(c)(2):
(c) Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one of the following occurs:
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110-197 of this Code;
(2) The Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation revokes the resort dwelling's or resort
condominium's license for whatever reason, or if said license should otherwise
expire or lapse at any time for a period of time in excess of 30 days.
(3) The resort dwelling or resort condominium unit has been repeatedly found to
be in violation of applicable building, fire and zoning code requirements on more
than three separate occasions within the previous three-year period commencing
on the date that the most recent violation was cited. For purposes of this
subsection, the term violation shall include those violations declared by the state
or the city or a combination of violations declared by the state and city.
At the February 15, 2011 City Council meeting, the Council discussed the matter further and
directed the City Attorney to draft an ordinance revision which relaxes this 30 -day provision
of the City Code.
The revision, attached, notes that the abandonment provisions of section 110-197 apply to
resort dwellings and resort condominiums and would cause the loss of non -conforming status
after 180 days of non-compliance. For instance, if the state license expires for any reason for
a period of 180 days or more, the non -conforming status is lost.
ORDINANCE NO. -2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-
486 OF THE CODE OF ORDINANCES RELATED TO
RESORT DWELLINGS AND RESORT CONDOMINIUMS;
REQUIRING NONCONFORMING RESORT DWELLINGS
AND RESORT CONDOMINIUMS TO BE LICENSED BY THE
STATE IN ORDER TO OPERATE; PROVIDING THAT
NONCONFORMING RESORT DWELLINGS AND RESORT
CONDOMINIUMS SHALL BE CONSIDERED ABANDONED
AND LOSE THEIR NONCONFORMING STATUS IF THEIR
STATE LICENSE LAPSES FOR MORE THAN 180 DAYS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, in 2007, the City Council adopted Ordinance 04-2007, which provided that
resort dwelling and resort condominium uses were permitted uses in the City's C-1 Low Density
Commercial District only; and
WHEREAS, Ordinance 04-2007 also provided that existing resort dwelling and resort
condominium uses located outside of the City's C-1 District may be considered legally
nonconforming and continue operation subject to certain licensing and permitting requirements; and
WHEREAS, currently, legally nonconforming resort dwellings and resort condominiums
automatically lose their nonconforming status with the City if their state -issued license is revoked
by the Florida Department of Business and Professional Regulation for any reason, or if the license
otherwise expires or lapses for more than 30 days; and
WHEREAS, the City Council desires to relax this standard by providing owners of resort
dwellings and resort condominiums a reasonable period of time to renew or restore their state -issued
license in the event the license is revoked, or otherwise expires or lapses; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
City of Cape Canaveral
Ordinance No. _-2011
Page 1 of 4
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and
strikeou type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 110. ZONING
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 110-486. - Resort dwellings; resort condominiums; nonconforming use status; expiration.
(c) All resort dwellings and resort condominiums deemed nonconforming pursuant to
this section shall remain licensed at all times by the Division of Hotels and Restaurants of
the Florida Department of Business and Professional Regulation. Should said license be
revoked for any reason, or otherwise lapse or expire, the resort dwelling or resort
condominium shall not be permitted to operate as a resort dwelling or resort condominium
until said license is renewed or restored. Should any nonconforming resort dwelling or resort
condominium license lapse for more than 180 days, said resort dwelling or resort
condominium shall be considered abandoned pursuant to section 110-197 of this Code, and
shall lose its nonconforming status.
Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one of the following occurs:
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110-197 of this Code;
uasiuvw�aivaad��tt aiiaiwani� ��.ia�rawr au�w=i�ataus �ci�tnf �i1.i sr ���nttiu�s��
City of Cape Canaveral
Ordinance No. _-2011
Page 2 of 4
::.
(3) The resort dwelling or resort condominium unit has been repeatedly found to
be in violation of applicable building, fire and zoning code requirements on more
than three separate occasions within the previous three-year period commencing on
the date that the most recent violation was cited. For purposes of this subsection, the
term violation shall include those violations declared by the state or the city or a
combination of violations declared by the state and city.
(e -l) It shall be unlawful for an owner to operate a resort dwelling or resort condominium
in a zoning district other than C-1 (low density commercial district) unless the owner has
obtained a certificate of nonconforming status under this section. In furtherance of the public
health, safety and welfare of the public that occupy resort dwellings and resort
condominiums, the city manager is hereby authorized to take whatever lawful steps are
necessary, with the assistance of the building official and fire chief, to require that the
operation of a resort dwelling or resort condominium within with in the city is in compliance
with the city's zoning and certificate of occupancy requirements. Said steps may include, but
are not limited to, seeking injunctive relief in a court of competent jurisdiction.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[EXECUTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. _-2011
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2011.
ATTEST:
Rocky Randels, Mayor
For Against
Bob Hoog
ANGELA APPERSON, City Clerk Jim Morgan
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2011
Page 4 of 4
City of Cape Canaveral, Florida
Planning and Zoning Board
March 23, 2011
Request: To amend the City Code of Ordinances to allow for a brewery with tasting
room and retail sales in the M-1 Light Industrial and Research and Development
District.
Applicant: Jim Massoni of Florida Beer Company
Summary: The Florida Beer Company is currently located in Melbourne. Mr. Massoni,
President of Florida Beer Company, is seeking a new location for his brewery that would
allow for the expansion of the brewing operation as well as attract visitors for a tour of
the facilities, tasting of the product, and retail sales. Mr. Massoni is currently
considering the Marshall Manufacturing site which is located on Imperial Blvd. in the M-
1 Light Industrial Zoning District. M-1 does not allow for a brewery.
See attached informational material about Florida Beer Company.
Staff recommendation: Staff believes that a brewery is an appropriate use in the M-1
Light Industrial Zoning District and that the proposed project would attract visitors to the
City and compliment other tourist related businesses in the area. This use would
enhance local offerings for all visitors including those patronizing the cruise ships.
A brewery does not conflict with the intent of the Industrial land use classification as
described in the Comprehensive Plan. This use would also support the Vision
Statement that envisions "A community that..... actively recruits and supports
businesses that enhance economic viability and serve our residents and visitors."
Staff recommends amending the Code of Ordinances to allow for a brewery with tasting
room and retail sales in the M-1 Light Industrial and Research and Development
District.
APPLICATION
CITY OF CAPE CANAVERAL
DATE: 3.17 - ?of (
APPLICANT: IW t IAW t fy& tt j &*AA&f CAIP. DBA PDA i ID -4 i 9S)Z CO ll?
!
ADDRESS: -?ZS' .SILWOW f � 1444 City_ '
sty t _ziPT 4y LTELEPxaNE: 32 / . i zQ - 3 ((oo .
REQUESTING AMENDMENT TO CODE SECTION �-
REASON FOR
FEE FOR, REQUEST: $250.00 DATE PAID:
rr a
DATE FILED
RECEIVED BY
City of Cape Canaveral
Building Department
(Please Print lx&ly or Type)
FEE PAID DEPOSIT
$ 250.00 FILING FEE IS NON-REFUNDABLE
NATURE OF REQUEST
_ SPECIAL EXCEPTION_ VARIANCE _ REZONING—APPEAL CODE AMENDMENT
(IF REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACH SHEET # 1 O TOWER APPLICATION)
DESCRIPTION OF REQUEST
STATEMENT 4F FACT: State of Florida; County of Brevard;
U, A.A.. i _ 3 ...... L _ _
wrus ""Ly awvau, ucpoBe tutu ayurnz:
I am the owner.
I am the owner's designated agenL(Attach notarized letter of authorization)
Owner's Name
Address
City .
State Zap
Home Phone#
Work Phone #
Other
(If other than owner)
Applicant's Name
Address
City
State 7-ip
Home Phone #
Work Phone #
Other
All information, sketches and data contained and made part of this request; are honest and true to the best
of my knowledge and belief.
Sworn to and subscribed before me
this day of _
Siz66= of Applicant
Notary Public, State of Florida
The completed request form and the 323®.00 ding fee must be filed as follows: Requests for Variances and Special
Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting; request
for rezoning 30 days prior to the. Planning & Zoning Board meeting; Request for Telecommunications Tourers, sixty
days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting -will be set after the request is
heard by the Planning & Zoning Board. ( A deposit may be required, see code section II4-92 for applicability)
FOR CITY USE ONLY
Notice of Public hearing Published in Newspaper on
Notice to applicant by Certified Mail No. on
Notice posted on Bulletin Board on
Notice posted on subject property on Prop. owners within 500 8. notified on
r
Company Background
March 0 0
Indian River Beverage Corporation D/B/A Florida Beer Company is engaged in the
manufacturing, packaging, marketing and sale of alcoholic beverages, specifically
malt based products (beer) and hard apple cider (vv|ne). The Company participates
in the premium craft beer market.
The Company is organized in the state of Florida as a C Corporation. Originally
founded in 1996 as Indian River Brewing, the Company was recapitalized and
reorganized inAugust of2OQ3with the addition Ofthe current ownership group. In
March of 2005 Indian River Beverage Corporation acquired the assets of Ybor City
Brewing Company of Tampa, FL which included Key West Brewery, y4\arn| Brewing
and La Tropical.
Indian River Beverage Corporation does business asFlorida Beer
Company. Florida Beer Company |Sthe largest craft brewer iOthe State
of Florida with all pnOdU[t|OD performed in the state of Florida. All Our Fresh
products qualify as "'Fresh From Florida". F&o ri d' a.
The State ofFlorida |sthe third largest beer market |nthe country. While Florida
ranks among the top for beer consumption in the United States historically the craft
segment has lagged versus other parts of the country. In recent years this has
changed' The craft market isnow outpacing all other segments and the craft
market in Florida has grOxvD at 2396 in Florida versus 11.4% in the n2Et of country.
The Company produces and sells 19 beers (malt beverages) and 2app|e-based
ciders entirely manufactured and packaged at our company-owned brewery in
Melbourne, FL. The Company also engages }ncontract brewing for asmall number
of customers. As a craft bn3vverV we brew/ in srna|| batches and use only 4
ingredients. Water, malted barley, hops and yeast. We are also apackaging
brewery which means our products are sold in kegs and consumer bottles for
distribution.
US Breweries July 31 2010
Brewpubs
994
Microbreweries
534
Regional Craft Breweries
71,
Total US Craft Breweries
1,599
Large Non -Craft Breweries
20
Other Breweries
21
Total US Breweries 1,640
Production |n2O1Owas 2O,OOO
barrels, the equivalent ofjust over
275J]OOcases mfbeer Or62O,OOO
gallons. This volume propels
Florida Beer Company from a
nliCn}brexveryinto the Regional
Craft Brewery category Ofwhich
there are 71 participants in the
country. This represented
approximately 5O96growth from
2009.
The Company sells its products
through a network Ofwholesale
distributors who then sell to bars,
restaurants, grocery stores,
package stores and other specialty
beverage retailers. The company
directly employs regional sales
representatives to market and sell its'
products through the wholesale network,
The Company sells its products
predominantly in the state of Florida (80%
+), but also markets in New York, Illinois,
Georgia, Alabama, Tennessee, South
Carolina, North Carolina, Virginia and the
Caribbean. Florida, which represents the
bulk of the Company sales, is a three-tier
state governed by a franchise law. In many
states, specifically Florida, laws affect
enforcement of certain terms of the
distributor agreements. Florida has
traditionally not been a small brewery
friendly state and legislative reform is
needed to correct this.
The Company maintains two facilities
located in Melbourne, Brevard County
Florida.
The production brewery is located at 2500
South Harbor City Blvd. This building is
approximately 12,000 square feet and
houses all production related activity and
equipment, a tasting room with retail store
and approximately 1,000 square feet of
office space.
Craft Brewer Facts
Craft brewers currently provide an estirrefted 100,000
jobs ins the, U.S.,including di g sery nv staff In brewpubs,
rs,)= ilh of the craft brewing 4-idustry i t.. the first gait of
2010 was 9 y vohurne and 1, 2% by retaO dollan.
Overall.. U, . beer Sales hwre, down an estimated 2.7%
by vo Urre =:n the first ha f of 2010
Grr ;nlh of he craft brewing industry in 2009,ovas 7' r` . by
vrow,ne and 1 o.3% by dollars compared to rtrowth it
2003 of 5 % by vohifne and 1.0.1 % by. dollars
rs'
"raft br`vvers sold an estimated 9,115,635 bprreW of
bees = 2()b9, up from 8_501,713 Gr; 2008.
Oue Tali. CJS beer sales key e down 2_2% rn20:179
irrr2,orted beer sales w & bofen 9,8% in 2009, equating
to a loss of 2.8 ru` flkon barrels,
The craft brewing saies share rn, 11009 %vas 431%, by
volume and 6.9% / by boHars.
:raft btroverofair„ dol€a value in 2009 was, ar, Usti sato€7
W98 ` ilfio€r, up froie,, $6.32 biflion, in 200tf.
1.595 breweries s operated for sorne or all of =1. the
highest total sen e: before Prohibition.
ion.
barre' - 31 US gallons
hat Is A Craft Brewery
American craft brewer is small, independent and
-WI: An t a producMR of 3 m,[on ba ne's of beer ._ ess,
er ProducMs at oe,aor the ,:es of
a nea n. a t v„ac .. € -,at
'3ered beer r p ,ose s uf tho.,ef n, aon
died r q,, ale „ ecu c e,t, oy ur air „o4€c
iditionak A brevier who has &°h-er an&°h-e aR rnait e ao v
o as a, . as ,. ,; its vc, Ur°e ; , a th n,: na ti b e -s
v..a a . , se adunors to enhance afher t: a nten
Craft becoare al�lo ,
The o0,-r,,wk of craft beer end oreviers sha ,va.
r
Cr, t i f. - ; In£a •ooft„ a i sAes t Quer r„ . as ..
and leve _ n-„ steres that ave no s ode t.
:a=” seer s gene « y rsade ,, h t a °"oat ::=ct,e e is ike
vested as 'ey; it z csting and s net e
�og'e&en,ls are often addee ford atir e ess.
Craft Fx Gef s re to `)e lc y k ,;vad 4 sher shec s ages
;ar,y v . €ant .,vy, ,ar _c,<t
. o . ,c nlee«
"Dons st v of events.
,at' Br yrs have rl,st;r w 4=7 ev oadl s
0 c e - our oors.
Craft p ,o - u. , n£ ry b t v a, r ee s 1, n m u.._,
,hev g ..,,?.-Es��";3a`'' pe. al n' i ee i:o? a subto ac,a . aerest
by 3 'cat n,ewen
a; 0 r4 of e cans to wJh. n ten mries U a .,.: ;t
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The second location, 725 Silver Palm
Avenue, is a 20,000 square foot
warehouse located one mile north of the
brewery. There is 4,000 square feet of
office space and 16,000 square feet of
warehouse space in 3 separate bays.
This facility is used for finished goods
storage, raw material storage
(packaging), excess equipment storage,
special package assembly and
administrative/sales offices.
=6 •
The brewery is quickly out growing itsexisting facilities and is actively evaluating
relocation options both in Brevard County and other Florida locations.
The brewery facility is expected to be 40,000 to 60,000 square feet with adequate
room for expansion. The facility will be principally a manufacturing facility and
supporting infrastructure. In addition to manufacturing the facility will house
corporate offices, warehousing, a visitor center, retail store and tasting room.
Functional components of the brewery include;
Brew House
A brewery's brew house is the heart of the operation. It is where product is brewed
utilizing large vessels to heat and process the raw materials. The initial brewhouse
plans for approximately 1,500 square feet of space to be used for this process. The
brewhouse will be expanded in the near future to approximately 3 times the size
and capacity.
Fermentation
Fermentation and cellaring will consist of approximately 12,000 square feet of floor
space. Fermentation and cellaring is conducted in sealed stainless steel tanks
ranging is size from 30 barrels (930 gallons) to 240 barrels (7,440 gallons).
Vessels are typically 10 feet in diameter by 12 to 26 feet tall. Our plans include
space for 80 tanks which will give us capacity to approximately 150,000 barrels per
year.
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The brewery operates several packaging lines which include a tunnel pasteurizer.
Packaging includes the filling of 12 ounce bottles, 22 ounce bottles and various size
kegs for bulk distribution. The packaging hall will occupy approximately 5,000
square feet of the facility.
Cold Storage
The brewery will be installing a 5,000 square foot drive in (forklift) cooler for
storage of finished goods.
Warehouse
Approximately 23,000 square feet will be dedicated to warehouse storage of raw
materials, work in process, dry goods and non -refrigerated finished goods. (case
goods)
The brewery receives bulk shipments by trailer and ships finished goods by trailer
and box trucks. Loading docks and adequate access to major roads are required.
Utility Requirements
The brewery requires access to public water supply, sewer, natural gas, electric and
all related infrastructure. In addition to public utilities the brewery will be installing
a bulk Cot storage capacity and a chilled water system for tank cooling. In addition
the brewery may choose to install a standby generator, Cot recovery system and
other supporting infrastructure needed to efficiently and effectively operate at our
final location.
Office Space
The brewery has current needs for approximately 5,000 square feet of finished
office space. At the time of development we may choose to utilize existing space,
build additional space or build smaller space.
Tasting Room/Visitor Center
The brewery will operate a tasting room and visitor center 7 days per week. The
purpose of the tasting room and visitor center is for the marketing of the company
and it's products. The tasting room will also be licensed to sell the company's
products to the general public. Beer/cider by the glass. The visitor center will be
the hub for public access to the brewery and principally used for education, tours
and marketing. The visitor center and tasting room will hold special events both
private and open to the public.
Retail Space
The brewery will operate a retail space that will sell to the general public. Items to
be sold will include products manufactured at the facility as well as related items as
we see fit. For example; tee-shirts, logo merchandise, glassware, brewery related
novelty items, products from partner breweries, etc.
The retail, tasting room and visitor center will occupy approximately 4,000 square
feet.
1-07=- 11M
The following are two example concepts of potential facades for the brewery. Final
designs are pending specific location/building selection. The plan is for an above
average finish with architecture suitable for the location, with emphasis on
"brewery" and consistent with Florida.
FL FZ,�E)�A E-;F-EFt C-, POPANY
Awn
Fi- F:UC3A BaEfR C � Mi -A NiN`
7,
Interior finish
The interior finish of the manufacturing facility will be consistent with an industrial
brewery. Finishes for floors and wall will be typical of food processing plants. The
finish of the visitor center, tasting room and offices will be above average. The
visitor center and tasting room is the face of the corporation and will focus on
education and marketing.
Landscape/Grounds
It is our intention to maintain grounds and landscaping consistent with with the
area and provide average to above average image.
ORDINANCE NO. - 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING,
ARTICLE VII, DISTRICTS, OF THE CODE OF ORDINANCES TO
PERMIT BREWERIES WITH TASTING ROOMS AND ASSOCIATED
RETAIL SALES IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, Florida Statutes Chapter 163, Local Government Comprehensive Planning
and Land Development Regulation Act provides for the ability of the City of Cape Canaveral to
plan for its future development and growth and provide necessary regulations for same; and
WHEREAS, the City Code does not currently regulate the location of breweries with
tasting rooms and retail sales within the City; and
WHEREAS, the City Council finds a need to modify the City Code to provide for the
regulation of placement of breweries, and further finds that such regulation is a desirable option
for the City; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the
proposed amendment at a duly noticed public hearing held on , and said Board and
City Staff have recommended approval of this Ordinance; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Code Amendment. Chapter 110, Article VII, Districts, Division 6, M-1 Light
Industrial and Research and Development District, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and it is
intended that the text in Chapter 110 denoted by the asterisks and omitted from this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
City of Cape Canaveral
Ordinance _-2011
Page 1 of 3
CHAPTER 110
ARTICLE VII
DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
Sec. 110-352. Principal uses and structures.
In the M-1 light industrial and research and development district, the following uses
and structures are permitted, provided any use or group of uses that are developed, either
separately or, if developed as a unit with certain site improvements, shared in common, meet
requirements of article IX of this chapter:
(10) Breweries, with or without tasting rooms and associated retail sales.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of
'2011.
Rocky Randels, Mayor
City of Cape Canaveral
Ordinance _-2011
Page 2 of 3
ATTEST:
FOR AGAINST
Bob Hoog
Angela Apperson, City Clerk Jim Morgan
Buzz Petsos
Rocky Randels
Betty Walsh
First Legal Ad Published:
First Reading:
Second Legal Ad Published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance _-2011
Page 3 of 3