Cocoa Council upholds Board of Adjustment approval for Aqua Lounge outdoor seating, keeps 10 p.m. amplifier cutoff

The Cocoa City Council on July 15 affirmed a Board of Adjustment decision that lets Aqua Lounge expand into an adjacent unit and add a 21-by-41-foot outdoor seating area, while upholding a condition that bars amplified outdoor music after 10 p.m.

The action came after a de novo appeal hearing in which residents who live in nearby Whitley Bay condominiums argued that amplified music from the waterfront village has repeatedly disturbed sleep and reduced residential livability. Appellants asked the council to deny any amplified outdoor music; Aqua Lounge representatives said they have not used amplified outdoor sound since the board's May approval and that some loud sounds come from vehicles or other nearby venues.

Planning staff told council the Board of Adjustment approved the special exception on May 21 with eight conditions, including limits on indoor and outdoor capacity, an absolute 10 p.m. cutoff for amplified outdoor music that is more restrictive than the city's general noise code, a requirement to maintain a 4-foot clear pedestrian path, signs to prevent alcohol leaving the premises, and a ban on outdoor special events. The council heard that the outdoor space will be limited to 20 seats and that any future expansion would require a new special exception.

Attorney Michael Minot, representing multiple condominium plaintiffs, said residents have endured repeated late‑night, amplified music and that the district was designed to be a walkable, mixed‑use neighborhood where high‑density residential use is intended to be compatible with retail and dining. "We respectfully ask that the city council deny the special exception for exterior amplified music at the bar location to protect residential integrity," Minot said during his presentation.

Aqua Lounge owner Simone Jackson and assistant manager Danita Davis said the business has complied with the board's conditions and that some loud sounds heard by residents originate from other sources, including parked vehicles with loud stereos. Jackson said the establishment removed outdoor speakers after the board hearing; Davis told council she had cooperated with police requests and asked that residents not confront staff at night.

After public testimony from more than a dozen speakers on both sides and questions from council about enforcement and the source of noise, Deputy Mayor Weeks moved to affirm the Board of Adjustment's approval with the previously imposed conditions; Councilman Goins seconded the motion. The mayor called the question and said the ayes had it unanimously.

The city manager and planning staff noted the approval does not allow the outdoor area to be used until the applicant completes any required site plan amendment, updates its business license and receives any necessary state liquor licensing. Staff also said enforcement of late‑night noise and parking‑lot activity involves multiple agencies and may require additional enforcement or code revisions to address recurring problems more systematically.

Councilmembers said they plan further work on a broader Cocoa Village nightlife and noise discussion to examine enforcement, code revisions and potential security or staffing changes in the redevelopment area.

The council recorded no changes to the Board of Adjustment's eight conditions beyond reaffirming them; the board's condition that there be no amplified outdoor music after 10 p.m. remains in force as part of the approval.