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Images extracted from submitted plans. See full documents in the attachments section below.

PB26-0861

A.K.A. PB 2065, 309 23RD STREET

On these agendas: Planning Board Oct 6 · 8 Planning Board Nov 3 · 12

The following summaries were generated by AI from the official documents linked below. They may contain errors. Please refer to the original documents for authoritative information.

Proposal

Palm Court Restaurant Associates LLC is requesting to modify an existing Conditional Use Permit (CUP) for a Neighborhood Impact Establishment at 309 23rd Street in order to change the owner/operator from MMBP Group, LLC. The establishment is a full-service restaurant and lounge with indoor entertainment and an occupant content exceeding 199 persons. The modification updates Condition 3 to allow future ownership changes via affidavit submission rather than requiring a full Planning Board modification application.

From the Letter of Intent

The applicant seeks a minor modification to an existing Conditional Use Permit (CUP No. 2065) to update the owner/operator from the prior applicant MMPB Group LLC (operating as Villa Azur and La Cave D'Azur) to the new incoming operator, Palm Court Restaurant Associates LLC. The new operator intends to open two establishments: Japana Cabana (an Asian/Latin-fusion restaurant) and La Victoria (a bar/lounge with entertainment). The applicant also seeks limited non-substantial interior modifications and a potential minor expansion of approximately 900 square feet.

  • Update CUP owner/operator from MMPB Group LLC to Palm Court Restaurant Associates LLC
  • Reflect new d/b/a names: Japana Cabana and La Victoria
  • Permit non-substantial interior modifications (e.g., kitchen and/or bar augmentations, grease-trap upgrades)
  • Allow potential expansion of approximately 900 square feet into adjacent space east of the existing restaurant entrance
  • Allow future minor modifications to be reviewed and approved at staff level without returning to the Planning Board
  • Retain all other existing CUP conditions unchanged
Staff Recommendation
APPROVAL W/ CONDITIONS
Approval of modifications to the previously granted conditional use permit with conditions. Schedule a progress report for the February 2, 2027 Planning Board meeting.

Conditions:

  • The Planning Board shall maintain jurisdiction of this Conditional Use Permit; applicant shall appear before the Planning Board for a progress report if deemed necessary by the Planning Director.
  • This Conditional Use Permit is issued to Palm Court Restaurant Associates LLC as operator of this Neighborhood Impact Establishment consisting of an alcoholic beverage establishment and restaurant, with entertainment and an occupant content in excess of 200 persons. Subsequent owners and operators shall be required to appear before the Board to affirm their understanding of the conditions listed herein.
  • Any change of owners or operator or 50% or more stock ownership, partnership interest, or the equivalent, shall require the new operator or owner to submit an affidavit, approved by City, to the City of Miami Beach Planning Department, transferring approval to the new operator or owner and acknowledging acceptance of all conditions established herein prior to the issuance of a new Certificate of Use/Business Tax Receipt. A progress report shall be scheduled within 60 days followed by the submission and acceptance of the affidavit.
  • The conditions of approval for this Conditional Use Permit are binding on the applicant, the property owners, operators, and all successors in interest and assigns.
  • Hours of operation: Monday through Wednesday 7:00 p.m. to 2:00 a.m.; Thursday through Sundays 7:00 p.m. to 5:00 a.m.; Saturdays and Sundays 8:00 a.m. to 3:00 p.m.; La Cave D'Azur Sunday through Saturday 10:00 a.m. to 7:00 p.m.
  • Security staff shall take measures to strictly enforce patron age restrictions in the City Code around the clock.
  • Business identification signs shall be limited to sign copy indicating the name of the establishment only, subject to staff review and approval.
  • Street flyers and handouts shall not be permitted, including handbills from third-party promotions.
  • Concurrency requirements shall be achieved through payment of mitigation fees or enforceable development agreement; final concurrency determination and fees shall be paid prior to receiving any modified Business Tax Receipt, if applicable.
  • Applicant shall coordinate with the City's Public Works Department and Miami-Dade County Traffic Signals Division to make adjustments to the northbound signal timing at the intersection of 23rd Street and Collins Avenue.
  • One additional valet attendant shall be added to the valet operation for servicing of vehicles during peak hours.
  • Applicant shall be responsible for maintaining areas adjacent to the facility including sidewalk and street areas, and shall properly dispose of all trash.
  • Security staff shall monitor occupancy levels to ensure groups of people do not interfere with pedestrian flow on public sidewalks and shall monitor patron circulation during hours of operation.
  • Applicant shall satisfy outstanding liens and past due City bills prior to issuance of an occupational license.
  • The Planning Board retains the right to modify hours of operation or occupant load should there be valid complaints about loud, excessive, unnecessary, or unusual noise.
  • A violation of the City's noise ordinance (Chapter 46, Article IV) shall be deemed a violation of this Conditional Use Permit subject to remedies under Section 2.5.2.5 of the Resiliency Code.
  • This order is not severable; if any provision is held void or unconstitutional, the order shall be returned to the Board for reconsideration.
  • Within a reasonable time after receipt, applicant shall record the Conditional Use Permit in the Public Records of Miami-Dade County and return the recorded instrument to the Planning Department prior to issuance of any building permit, certificate of use, certificate of occupancy, certificate of completion, or business tax receipt.
  • The establishment and operation shall comply with all conditions of approval; non-compliance constitutes a violation of the City Code subject to enforcement under Section 1.3.7 of the LDRs and may constitute a basis for revocation of this Conditional Use.
  • Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code.
  • A progress report is scheduled for the February 2, 2027 Planning Board meeting to monitor operations of the restaurant venue.

Compliance Findings:

✓ Concurrency: Satisfied ✗ Comprehensive Plan: Consistent ✗ Land Development Regulations: Compliant
Key Issues
  • Change of owner/operator requiring Planning Board review and CUP modification
  • History of repeated noise violations: 1 warning and 4 formal violations issued between October 2022 and October 2023
  • 18 additional noise complaints investigated between December 2021 and February 2024 with no violation observed or routed to police
  • Need to monitor new operator's compliance with noise ordinance and CUP conditions
  • Requirement for new operator to submit affidavit acknowledging all CUP conditions prior to issuance of Certificate of Use/Business Tax Receipt
Property Details
Applicant Palm Court Restaurant Associates LLC
Meeting

Tuesday, November 3, 2026

09:00 AM

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