Planning Board approves South of Fifth restaurant CUP, owner change; forwards multiple zoning amendments and continues Sixth Street overlay

The Miami Beach Planning Board on May 23 approved several land-use actions affecting the South of Fifth neighborhood and forwarded multiple zoning text amendments to the City Commission, while continuing a contentious Sixth Street overlay to the June 27 meeting.

The most closely watched action was the board’s approval of a conditional-use permit (CUP) for Le Jardine Boucherie, a French restaurant proposed for 81 Washington Avenue, where the board and neighborhood negotiators imposed conditions intended to limit late‑night noise and traffic. The board approved the CUP subject to a bundle of conditions including limits on outdoor hours and music, required noise controls and a valet plan tied to a specific off‑site lot; the board also required a 90‑day progress report after issuance of the certificate of occupancy.

The Le Jardine proposal, presented by attorney Nicholas Rodriguez on behalf of owner 81 Washington LLC, would put dining on the ground and second floors of an existing three‑story building in the South of Fifth neighborhood. Staff and the applicant noted that the project builds on a 2017 Historic Preservation Board approval for partial demolition and outdoor dining. The applicant’s sound study recommended an automatic noise‑level limiter; after neighborhood meetings with the Cosmopolitan condominium and the South of Fifth Neighborhood Association (SOFNA) the applicant agreed to set the limiter so music ends one hour before close and to other operational limits the board adopted.

Neighbors and the Cosmopolitan condominium’s representative, Gerald Posner, said the building owner had addressed most concerns but pressed for enforceable sound limits and a ban on DJs or amplified events. Posner said the Cosmopolitan supported the agreement “as long as the 65 decibels is the figure.” The applicant proffered a valet solution at 119 Washington Avenue and agreed to a condition that any change to that valet location would require returning to a planning board review or progress report. The board also added a requirement that restaurant staff or a security employee manage on‑site valet queuing so cars do not block Washington Avenue.

Key details: the applicant originally proposed about 283 ground‑floor seats (25 interior, 58 exterior) and a second floor showing roughly 67 interior seats; the application materials listed a total occupancy load in the submitted plans that staff reviewed. Staff recommended that outdoor dining end by 11 p.m., and that recorded music cease one hour before closing; the applicant and neighbors agreed on music cutoff times that the board adopted. The board recorded an affirmative roll call on the CUP (see "Votes at a glance").

The board also approved a change to a previously modified conditional‑use permit for a Collins Avenue property that updates the named owner and operators in the planning board order. The applicant’s counsel said the application supplied additional ownership affidavits and that staff found no re‑notice was required. Opponents at the hearing pressed the board to require a more complete application; attorney Henry Stohler urged the board to require a fuller filing, calling parts of the submission “incomplete.” The board approved the ownership change as legally sufficient after staff recommended approval.

The board transmitted several zoning text amendments to the City Commission with favorable recommendations. Those include: - An update to the North Beach overlay that would prohibit or cap a set of small retail uses (tobacco/vape dealers, certain souvenir/t‑shirt stores, pawn shops, etc.) and add a cap on convenience stores in parts of North Beach. Staff reported a survey that found 16–19 convenience stores in the affected area; the board added a recommendation that tattoo studios be moved from the list of prohibited uses into a capped category and urged an in‑person community outreach meeting to gather neighborhood input before commission action. - A Citywide CD‑2 amendment to define and allow a new “residential office” unit type as eligible for an existing 0.5 FAR mixed‑use bonus, subject to an owner covenant that the unit not be rented for periods under six months. The board transmitted the amendment favorably and added a recommendation that the change include a two‑year sunset or be subject only to buildings that had not already received certificates of occupancy by the date of the board action. - A technical restoration of a pre‑2015 below‑grade floor‑area exception for a block of properties (requested by the owner of a commercial condo at 1 Ocean); staff said the change responds to how FAR was counted when certain projects were originally approved. The board transmitted the technical amendment with a favorable recommendation. - An amendment tied to a city‑county land‑swap that clears the way for relocating the county health center and library to 663 Alton Road. That ordinance removes certain setbacks for government/institutional buildings under 30 feet, allows an accessory pharmacy to operate at the new health‑center site despite ordinary separation rules (the change does not authorize stand‑alone pharmacies at private sites), and replaces a prescriptive glass barrier requirement with a requirement for a site‑specific security plan. The board voted to transmit the text change favorably; staff stressed the amendment is narrowly scoped to the institutional site that will become county property. - A narrow Alton Road office‑overlay amendment that clarifies how a recent office‑focused height incentive can be used when an adjacent, existing hotel/residential building is included in a unified development site; the board transmitted that text amendment with a favorable recommendation. The applicants said the change lets a new office tower maximize office area while recognizing an existing hotel or short‑term‑rental building on the adjoining lot.

One major policy item, the Sixth Street overlay, was continued so staff, neighborhood groups and affected property owners could discuss competing approaches to massing transitions and use limits. Flamingo Park neighborhood representatives asked the board to adopt a form‑based stepping‑back rule similar to the Alton Road overlay; owners and developers asked for a different transition to preserve FAR and commercially viable block‑depths. The board continued the matter to the June 27 meeting to allow further negotiation.

Why it matters: the votes advance several changes that affect where and how restaurants, pharmacies, specialty retail and office space may operate in Miami Beach neighborhoods. The Le Jardine CUP shows that intensive neighborhood outreach and negotiated conditions can win approval for a high‑impact restaurant but leaves enforcement and details — noise calibration, valet operations and temporary event controls — in the hands of the city’s permitting and code officers.

Votes at a glance: - Le Jardine Boucherie (81 Washington Avenue): Conditional‑use permit approved with conditions (noise limiting, outdoor hours limits, valet conditions, 90‑day progress report). Roll call: Miss Beatty — yes; Miss Spot — yes; Mr. Cement — yes; Mr. Durham — no; Mr. Elias — yes; Mr. Frieden — yes; Mr. Magazine — yes. (Board recorded motion and roll call; applicant agreed to conditions recommended by staff and neighbors.) - Collins Avenue CUP (change of owner/operator): Approved. Roll call: Miss Speedy — yes; Miss Spot — yes; Mr. Cement — yes; Mr. Durham — yes; Mr. Elias — yes; Mr. Bridal — yes; Mr. Magazine — yes. - Sixth Street overlay: Continued to June 27 so staff, residents and owners can seek compromise on massing and use limits (motion passed by voice/roll call). - North Beach nuisance/uses overlay (limits and caps on specific retail types and convenience stores): Transmitted to City Commission with favorable recommendation; board also recommended moving tattoo studios to a capped category and asked the commission to hold an in‑person community outreach workshop before final action. Roll call on transmission: Speedy — yes; Spot — no; Cement — yes; Durham — no; Elias — yes; Bridal — yes; Magazine — yes. - CD‑2 residential office definition and related text amendment (allowing limited residential‑office units as eligible for the existing 0.5 FAR bonus, with covenant restrictions): Transmitted with a favorable recommendation and a board request for a sunset/limited applicability (two‑year phase for future approvals). Roll call: Speedy — yes; Spot — yes; Cement — yes; Durham — no; Elias — yes; Frieden — yes; Magazine — yes. - Below‑grade FAR technical amendment (1 Ocean block): Transmitted favorably (staff characterized this as restoring a counting rule that existed when the properties received earlier approvals). Roll call: Beatty — yes; Spot — yes; Cement — yes; Durham — yes; Elias — yes; Bridal — yes; Magazine — yes. - Alton Road historic buffer and pharmacy security amendment (county health center and library): Transmitted favorably; changes are narrowly drawn to permit an accessory pharmacy and adjust setbacks on the institutional site to accommodate the county facility. Roll call: Beatty — yes; Spot — yes; Cement — yes; Durham — yes; Elias — yes; Frieden — yes; Magazine — yes. - Alton Road office height overlay exception (Epicure/Alton site): Transmitted favorably; the board voted to allow an existing adjacent hotel/residential building to be included in a unified site so a new tower can deliver more office and less new residential. Roll call: Beatty — yes; Spot — yes; Cement — yes; Durham — no; Elias — yes; Bridal — yes; Magazine — yes.

What board members and neighbors said: attorney Henry Stohler urged the board to refuse a change‑of‑ownership filing on the grounds of missing disclosures, saying the application “screams that it is incomplete.” Gerald Posner, representing the Cosmopolitan, said the condominium had negotiated conditions with the Le Jardine team and “would be in agreement” with the revised hours and noise limits as long as the limits are enforceable.

What’s next: the items transmitted to the City Commission will be scheduled for public hearings; the Sixth Street overlay was continued to June 27 for further stakeholder negotiation. The Le Jardine CUP will be enforced through the planning department’s conditions and code enforcement if the new restaurant proceeds to obtain building permits and a certificate of occupancy.

Ending: The board’s actions show a pattern: major new commercial operations in Miami Beach are increasingly approved only after negotiated agreements among applicants, staff, and adjacent condominium associations. That approach can smooth approvals but leaves details — valet locations, noise‑limiter calibration and enforcement protocol — to the city’s permitting process and code officers to monitor.