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Resolution: R-19-0435
File Number: 6343 Final Action Date: 10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THREE (3) EXCEPTIONS, WITH CONDITIONS, PURSUANT TO
ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND ARTICLE 7, SECTION
7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND PURSUANT TO SECTION 4-7 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT
ALCOHOL SERVICE ESTABLISHMENTS FOR AN INDIVIDUALLY
DESIGNATED HISTORIC STRUCTURE, COMMONLY KNOWN AS THE OLD
UNITED STATES POST OFFICE AND COURTHOUSE, APPROXIMATELY
35,455 SQUARE FEET IN SIZE, FOR A PROPERTY IN A "76-80-0," URBAN
CORE TRANSECT ZONE, LOCATED AT APPROXIMATELY 100 NORTHEAST
1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Post Office Development LLC ("Applicant") owns the property located at
approximately 100 Northeast 1 Avenue, Miami, Florida, as more particularly described in Exhibit
"A," attached and incorporated, which has an individually designated structure commonly known
as the Old United States Post Office and Courthouse ("Property"); and
WHEREAS, the Property is located in a 76-80-0," Urban Core Transect Zone; and
WHEREAS, the Property is an existing historic structure with approximately thirty-five
thousand (35,000) square feet; and
WHEREAS, the Applicant submitted a request for three (3) Exceptions to establish
Alcohol Service Establishments within the Property pursuant to Article 4, Table; Article 6, Table
13; and Article 7, Section 7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), as well as Section 4-7 of the Code of the City of
Miami, Florida, as amended ("City Code"); and
WHEREAS, Article 6, Table 13 of the Miami 21 Code provides that Alcohol Service
Establishments "occupying more than 5,000 square feet of Floor Area shall require an
Exception with approval by the City of Miami Commission"; and
WHEREAS, pursuant to Section 23-6.1 of the City Code, the Historic and Environmental
Preservation Board ("HEPB") may grant certain exceptions to a use permitted in specific zoning
designations and may grant certain waivers to the Miami 21 Code if they will result in the
preservation of a locally designated property; and
WHEREAS, an application for an Exception is ordinarily heard by the Planning, Zoning
and Appeals Board (TZAB"); however, HEPB reviewed the application for this Property as the
City of Miami Page 1 of 4 File ID: 6343 (Revision: A) Printed On: 11/20/2019
File ID: 6343
Enactment Number: R-19-0435
structure is an individually designated historic structure and HEPB and PZAB have the same
quasi-judicial authority; and
WHEREAS, the requested three (3) Exceptions will allow the adaptive reuse of the
Property; and
WHEREAS, Miami Comprehensive Neighborhood Plan ("MCNP") Objective LU -1.4
states "Continue the growth of Downtown Miami, expand its role as a center of domestic and
international commerce, further its development as a regional center for the performing arts and
other cultural and entertainment activities and develop an urban residential base" as an
objective of the City of Miami ("City"); and
WHEREAS, the proposed Commercial Use (Alcohol Service Establishment) is
consistent with the above MCNP objective of encouraging entertainment activities; and
WHEREAS, the Commercial Use (Alcohol Service Establishment) is consistent
with the high-intensity and high-density entertainment facility outlined in the MCNP; and
WHEREAS, the Applicant proposes to reconfigure the interior of the building to provide
tenant space/venues for three (3) independently owned concepts: Cabron/Frutonomy/Lobby
Bar/and Nomada; Biscayne Bay Brewery; and La Real; and
WHEREAS, it has been identified that each of the following three (3) establishments
require an Exception as each are over 5,000 square feet:
1. Tenant 1, consisting of Cabron, Frutonomy, Lobby Bar, and Nomada;
2. Tenant 2, Biscayne Bay Brewing;
3. Tenant 3, La Real
as more particularly described below:
Tenant Name Alcohol Venue Sq. Location
License Ft.
Cabron 4COP Quota 7,497 Basement
and 1St Floor
Frutonomy 4COP Quota 927.5 1 st Floor
Lobby Bar 4COP Quota 996 1 st Floor
1 Nomada 4COP Quota 5,604 2nd Floor
2 Biscayne Bay CMB and 5,987 3rd Floor
Brewery 2COP
3 La Real 4COP Quota 3,138 4t" Floor
WHEREAS, the Applicant submitted information demonstrating compliance with the
guidelines and criteria required for the requested three (3) Exceptions established in Section 4-
7(c) of the City Code and Article 7, Section 7.1.2.6 of the Miami 21 Code, which focus on, but
are not limited to, parking, security, traffic, sanitation, noise attenuation, proximity to residential
uses, etc. and is considered an official part of this file on record with the City's Planning
Department; and
City of Miami Page 2 of 4 File ID: 6343 (Revision: A) Printed on: 11/20/2019
File ID: 6343
Enactment Number: R-19-0435
WHEREAS, based on the above findings and analysis pursuant to the Miami 21 Code
and the City Code, the City's Planning Department recommends approval, with conditions, of
the Applicant's requests for an Exception; and
WHEREAS, the City's Planning Department finds the requested three (3) Exceptions
consistent with the goals of the Miami 21 Code as the requested uses are compatible with the
surrounding neighborhood; and
WHEREAS, the HEPB, at its meeting on December 4, 2018, following an advertised
public hearing, adopted Resolution No. HEPB-R-18-069 by a vote of seven to zero (7-0), Item
No. HEPBA, approving, with conditions, the Special Certificate of Appropriateness providing for
waivers to allow Alcohol Service Establishments at the Property; and
WHEREAS, HEPB, pursuant to Resolution No. HEPB-R-18-068, also approved, with
conditions, a Special Certificate of Appropriateness to allow exterior alterations to the
individually designated structure on the Property; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, the City
Commission finds that the application complies with all applicable regulations and there is
substantial evidence in the record to grant the three (3) Exceptions, with conditions, to establish
Alcohol Service Establishments within the historic structure on the Property as described herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Exceptions are granted with the following conditions:
The development shall be substantially developed in accordance with the plans
as prepared by TAI Architecture, Inc. submitted electronically (PZ -19-2298).
2. The Alcohol Service Establishments shall not add outdoor patios, smoking areas,
or other congregating areas outside of the structure without the approval of a
new Exception with approval by the City Commission.
3. The Alcohol Service Establishments shall comply with the occupancy
requirements set forth by the Florida Building and Fire Codes.
4. As it pertains to the Alcohol Service Establishments, the Property is prohibited
from playing or operating music boxes, jukeboxes, radios, musical instruments,
or any other musical devices on or about the premises between the hours of
11:00 p.m. and 7:00 a.m. the following day, unless said music devices are played
or operated in a closed building and the sound is not audible from the outside of
the building so as to disturb the quiet, comfort, or repose of persons in any
dwelling, lodging unit, or other type of residence.
5. Any noise generated from the Alcohol Service Establishments shall conform with
Chapter 36 of the City Code.
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File ID: 6343
Enactment Number: R-19-0435
6. As it pertains to the Alcohol Service Establishments, any concerns or complaints
related to noise will be addressed and resolved immediately.
7. No loitering or drinking outside of the Alcohol Service Establishments shall be
permitted at any time.
8. The Alcohol Service Establishments shall be limited to the following hours of
operation: 11:00 a.m. to 5:00 a.m. Monday through Saturday and 12:00 p.m. to
5:00 a.m. Sunday. An extension of hours beyond these hours of operation shall
require a new Exception with approval by the City Commission.
9. The Applicant shall submit a valet/rideshare operation plan prior to the issuance
of a building permit, including a phased permit.
10. The Applicant or owner shall comply with the requirements of all applicable
departments and agencies as part of the City's building permit process.
11. Failure to comply with the conditions herein shall result in the revocation of the
Alcohol Service Establishments' Certificates of Use.
12. Pursuant to Article 7, Section 7.1.2.6.e of the Miami 21 Code, the Exceptions
shall be valid for a period of two (2) years during which time a building permit or
Certificate of Use must be obtained for each Alcohol Service Establishment. This
excludes a demolition, signage, or landscape permit. A one-time extension for a
period not to exceed an additional year may be obtained if approved by the
Planning Director.
Section 3. This Resolution shall be effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
i ria i . nd� ez, City Attor t
ey ___) 1111112019
' This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 4 File ID: 6343 (Revision: A) Printed on: 11/20/2019