The Miami Beach Planning Board on Feb. 4 voted to allow the Palomar Hotel (1750 Alton Road) to open its rooftop to the public in conjunction with a new ground-floor restaurant operator, subject to a set of conditions the board added after neighborhood concerns about noise and previous unpermitted events.

The board’s approval requires the rooftop restaurant operation to meet new conditions: the board added a plainly audible noise limit within 250 feet of the property, required that a functional kitchen be constructed and permitted on the rooftop before public rooftop service begins, tightened queuing/valet language to prohibit queuing in the public right-of-way, added a requirement that a substantive restaurant menu be available while the rooftop is open, and required pre-opening sound testing subject to staff review. The rooftop will not be permitted for special events, and the approval includes a condition saying rooftop public use must cease if the current operator leaves until a new operator is approved by the board.

Why it matters: The project pairs a Michelin-starred restaurateur’s proposal to add rooftop dining with community concerns about noise and previous unpermitted events at the site. The board’s conditions aim to balance economic development and neighborhood livability by keeping the rooftop available to hotel guests and the public only under enforceable limits.

Applicant and operator
Mickey Marrero, attorney for the applicant, framed the proposal as a way to recreate an active hotel-with-restaurant experience and told the board the project team had negotiated additional restrictions with neighborhood groups. Marrero said the applicant would construct a rooftop kitchen if the board allowed public rooftop use. "We will not open the rooftop to the public until the kitchen is approved and permitted," Marrero said.

Chef and restaurateur Nicholas "Nicky" Stefanelli, principal of Masseria, described the concept as a dinner-only restaurant that would extend the ground-floor hospitality through the building and onto the rooftop: "We're super excited to be coming down here... we're proposing... to be able to completely bring our hospitality into the whole entire building." Stefanelli said he plans an Italian, service-oriented restaurant rather than a late-night club.

Neighborhood concerns and prior violations
Neighbors — including John Courtney of the Palm View Neighborhood Association and Sarah de los Reyes of the Sunset Harbor Neighborhood Association — urged the board to preserve the existing rooftop prohibition in the Alton Road corridor, arguing the rooftop as proposed is more like a bar than a bona fide restaurant and pointing to past unpermitted events and noise complaints. Courtney said the legal test for allowing rooftop activation is whether the establishment meets the code definition of a restaurant "— the principal business will be selling food — not that there will be menus available." Sarah de los Reyes and other neighbors described multiple noise incidents and asked the board to hold the applicant to strict, enforceable standards.

Staff perspective and recommended conditions
Staff recommended limiting rooftop hours and restricting music and alcohol service to reduce neighborhood impacts; staff proposed closure times and a 100-foot audible limit for music. During discussion, board members expressed concern that a 100-foot standard might be too weak and many supported requiring a more protective limit. The board ultimately adopted a 250-foot plainly-audible limit that must be met while the rooftop is open to the public.

Board action and conditions (selected)
- Approval of rooftop public access conditioned on:
- Noise shall not be plainly audible within 250 feet of the property while rooftop is open to the public.
- No queuing shall be permitted in the public right-of-way; valet/queuing operations to be managed to prevent public-right-of-way queues.
- The rooftop shall not open to the public until a rooftop kitchen for the restaurant is designed, permitted and inspected.
- A substantive restaurant menu shall be available during rooftop operating hours; menu scope to be reviewed by staff as part of permit review.
- The rooftop service bar or counter is limited to service-for-seated-guests and shall be reviewed by the planning director to confirm it is not an unpermitted outdoor bar counter.
- Sound testing of rooftop speakers/system is required and subject to staff review and approval prior to public opening.
- If the approved operator ceases rooftop operation, rooftop public access must cease until a new operator and conditions are approved by the Planning Board.
- No special-event permits will be allowed for the rooftop under the CUP conditions.

Vote and next steps
Planning Board member Yashael made the motion to approve the application with the applicant’s proposed conditions plus additional language on noise, queuing and the rooftop kitchen requirement; the board seconded and voted in favor. Staff will draft final CUP conditions, confirm sound-testing protocols and follow up with the applicant on the kitchen/permitting timeline; the rooftop may not open to the public until staff confirms compliance with the new conditions.

Ending
The approval allows a prominent operator to bring a high-profile restaurant to Alton Road while creating an enforceable package of conditions intended to protect nearby residents. The new rooftop use will require additional permitting steps — including rooftop kitchen permitting and sound testing — before public service can begin.