Melbourne Planning and Zoning Board CU2026-0011: Beer and Wine Conditional Use for Whisper Leaf Bookshop on November 5

The Melbourne Planning and Zoning Board will hold a public hearing on a beer and wine request for a downtown bookshop on Thursday, November 5, 2026, at 6:30 p.m. The request is Conditional Use CU2026-0011 for the Whisper Leaf Bookshop at 2018 Melbourne Court. It would allow the sale and consumption of beer and wine on premises, accessory to a bookshop use. The space is a first floor unit of about 2,624 square feet. City staff recommends approval with conditions. The request is item 7 under Unfinished Business on the board's agenda.

What CU2026-0011 Would Allow

The agenda lists Cynthia Hall as the applicant and 2018 Melbourne Court, LLC as the property owner. The building sits on about 0.14 developed acres and is zoned C-3 (Central Business District). It is on the west side of Melbourne Court, south of New Haven Avenue, north of Melbourne Avenue and east of Vernon Place.

The staff memo is from Todd Corwin, AICP, Planner, through Cheryl Dean, AICP, Planning Manager. It is dated October 26, 2026. It states that the property is in City Council District 3, the Melbourne Downtown Community Redevelopment Area (CRA) and the Downtown Melbourne Activity Center.

The memo states that the building was built in 1926. The last first floor tenant was a bridal shop. Several businesses are on the second floor, including an attorney's office and a real estate office.

Why a Bookshop Needs a Conditional Use for Beer and Wine

The memo states that on premises consumption of alcohol requires conditional use approval in the C-3 district when it is not in conjunction with a restaurant. The conditional use standards are in Appendix B, Article IX, Section 5 of the City Code. Added rules for on premises alcohol sales are in Appendix B, Article VI, Section 2(Q).

Under City Code, as the memo describes it, a business is a restaurant if food and non-alcoholic drinks make up at least 51 percent of its gross revenue. A restaurant must also have a fully equipped kitchen used to prepare and serve meals to the public on a regular basis. Staff states that the bookshop does not meet the definition of a restaurant.

The applicant would need a 2COP beverage license for beer and wine service. That license is issued by the Division of Alcoholic Beverages and Tobacco. The memo notes that a 2COP license does not require the sale of food and non-alcoholic drinks.

The Business Plan Described in the Staff Memo

The memo states that the business plan calls for new books for adults and young adults, children's titles, literary gifts, journals, stationery and other specialty retail items. The shop would also offer coffee, tea, beer, wine, pre-packaged foods, local bakery items and limited light food that is ready to eat. The applicant states that the shop may host author readings, book signings, lectures, discussion groups and poetry events.

The planned hours are 10:00 a.m. to 6:00 p.m. on Tuesday and Wednesday, 10:00 a.m. to 7:00 p.m. on Thursday, 10:00 a.m. to 8:00 p.m. on Friday and Saturday, and 12:00 p.m. to 5:00 p.m. on Sunday. The applicant states that hours may be extended during special events. Based on the floor plan, total occupancy would be limited to no more than 57 persons.

The Surrounding Area

The memo states that the area within 500 feet holds a mix of retail, restaurant, bar, office and residential uses. Commercial uses are to the east and north. A bar and a private parking area are to the west. The nearest home is a single-family lot about 165 feet to the southwest. More homes are along Vernon Place, about 200 feet southwest.

Staff states that the business is not within 500 feet of an adult entertainment establishment. Because the site is in a CRA district, the memo states that it is exempt from the distance requirements from churches and schools. The site is in Mobility District B. The memo states that no mobility improvements or payment in lieu are required because the use stays within the existing building footprint.

Staff Findings and Conditions

The memo lists eight findings. Staff found that the request would not change the general character of the area because a variety of businesses are nearby and drinking would take place inside the building. Staff also found that the request should not cause depreciation of property values or reduce the safety, light and general convenience of neighboring developments. Two findings state that they depend on the applicant strictly meeting the conditions of approval.

The Community Development Department recommends approval of CU2026-0011 with ten conditions. Some of the main conditions are listed below.

• Beer and wine must be accessory to the bookshop and limited to its clients and guests.

• Sales and consumption must stay inside the first floor unit shown on the floor plan, except under a Special Activity Permit, and only during the stated hours.

• The applicant must keep a 2COP beverage license.

• Two or more violations of the city's noise rules would be a breach and would trigger a re-evaluation by the Planning and Zoning Board and City Council.

• Occupancy is capped at 57 persons, and two or more occupant load violations in any 365-day period would be a breach.

• A Business Tax Receipt is required within 30 days of the Final Order.

• The conditional use would expire if beer and wine service stops for six months in a row, or if the use is not set up within six months.

The memo states that, because the property is in the Downtown CRA, the Historic and Architectural Review Board must approve future exterior changes such as paint, awnings, signs and fencing. A building permit is required for the change of use.

Who May Be Affected and What It May Mean for Them

The applicant and the property owner are directly affected by the board's recommendation. If the request is approved with these conditions, the conditions would set limits on where, when and how beer and wine may be served at the site. Nearby businesses and residents along Melbourne Court, New Haven Avenue and Vernon Place may wish to review the staff memo and the conditions. The agenda lists public comment before Unfinished Business.

Hearing Process and Next Steps on November 5

The board's vote is a recommendation, not a final decision. The October 1, 2026, minutes in the packet record staff stating, on a similar beer and wine request, that the board makes one recommendation that is forwarded to City Council for ordinance consideration. The packet does not list a City Council date for CU2026-0011.

The agenda states that anyone who decides to appeal a board decision will need a record of the proceedings. That person may need to make sure a verbatim record is made. Section 286.0105, Florida Statutes, requires this advice in meeting notices. Section 286.26, Florida Statutes, addresses access to public meetings for persons with physical disabilities.

Persons with disabilities who need special accommodation to take part should contact the Community Development Department at 321-608-7500 no later than 5:00 p.m., at least 48 hours before the meeting on Thursday, November 5, 2026, at 6:30 p.m., City Hall Council Chamber, 900 E. Strawbridge Avenue, Melbourne.