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Applicant, condominium association agree on noise process; planning board accepts modified CUP conditions
Summary
After additional negotiations with the Marea Condominium Association, the planning board approved modified sound-insulation and complaint-resolution conditions for a South Pointe restaurant that keeps the VIP room open later while restricting main dining hours, and requires an enforceable process if residents hear noise.
The Miami Beach Planning Board accepted modified conditions Oct. 7 for a previously continued conditional-use permit at a South Pointe Drive location, after the applicant and the Marea Condominium Association reached agreement on sound mitigation measures and a complaint-resolution process.
The applicant proposed two different insulation approaches: the VIP dining room (42 seats) would retain a higher level of ceiling insulation because it will remain open until 2 a.m., while the main dining room will close at midnight and receive a different (lesser) insulation treatment plus additional mitigations. Counsel for the applicant said the parties negotiated a “what if” process: if residents can hear restaurant noise, the operator will first work directly with the condominium and, if problems persist, the operator will hire an independent sound consultant at its expense to identify remedial measures and implement commercially reasonable recommendations.
Planning staff advised the board the first sentence of the proposed condition — that restaurant noise “shall not be plainly audible” inside any residential unit of the condominium — is enforceable under the city’s code compliance process. Staff also noted portions of the agreed dispute-resolution process are private proffers between the applicant and the association; the city would enforce the plainly audible standard and any required remedial measures ordered by an independent consultant as part of the CUP conditions.
Justin Smith, counsel for the Marea Condominium Association, appeared and corroborated the agreement. The board approved the modified conditions and directed staff to include enforceable language in the CUP so code compliance could act if the plainly audible standard is violated.
