PB21-0448

235 23rd Street

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

This is a modification/revocation hearing for an existing Conditional Use Permit (CUP) for a Neighborhood Impact Establishment with entertainment at 235 23rd Street, operating as Bacara nightclub. The hearing was triggered by a cure letter sent to the current operator, ICAM Investments LLC dba Bacara, due to a pattern of code and zoning violations. Staff is recommending the board discuss the violations and consider whether modifications to the CUP are warranted, while continuing the hearing to monitor operations.

Staff Recommendation

Conditions:

• The Planning Board shall maintain jurisdiction of this Modified Conditional Use Permit
• This Modified Conditional Use Permit is issued to ICAM Investments LLC as operator
• Any change of operator or 50% or more stock ownership shall require the new operator or owner to submit an affidavit approved by City to the Planning Department transferring approval and acknowledging acceptance of all conditions prior to issuance of a new Certificate of Use/Business Tax Receipt
• The applicant shall provide staff documents verifying the service of a valet parking operator which also specifies the locations where vehicles will be stored
• Hours of operation shall be from 10:00 p.m. until 5:00 a.m., 7 days a week
• All entertainment shall be limited to the interior of the establishment; no outdoor entertainment shall be permitted
• The conditions of approval are binding on the applicant, property owners, operators, and all successors in interest and assigns
• Business identification signs shall be submitted to Design Review staff for review and approval before installation
• The applicant shall require patrons to queue inside the property; no queuing shall occur on the sidewalk or any public right-of-way
• Break-away tension stanchions shall be placed to control crowds and allow for the free-flow of pedestrian on public sidewalks
• All deliveries and trash removal shall be undertaken from Liberty Avenue via the parking lot to the northwest of the site, adjacent to the trash room, and not from 23rd Street
• The applicant shall be responsible for maintaining the areas adjacent to the facility including sidewalks
• Street flyers and handouts shall not be permitted, including handbills from third-party promotions
• The Planning Board shall retain jurisdiction to call the operator back before the Board and impose new conditions, modify the hours of operation, other noise conditions, or the occupant load should there be issuance of written warnings and/or notices of violation about loud, excessive, unnecessary or unusual noise
• Receipt of a written warning or notice of violation of Section 46-158 (noise ordinance) shall be deemed a violation of this Conditional Use Permit
• Violation of Miami-Dade County Code Section 21-28 or Section 46-152 (noise ordinance) shall be deemed a violation of this Conditional Use Permit
• The applicant shall satisfy outstanding liens and past due City bills prior to approval of an occupational license
• The applicant agrees and shall be required to provide access to areas subject to this CUP for inspection by the City to ensure compliance
• Non-compliance with conditions shall constitute a violation of the City Code and shall be subject to enforcement procedures, and any failure to comply shall also constitute a basis for consideration of revocation of this Conditional Use

Compliance Findings:

Key Issues

• Operating a valet service without Valet Service listed on the Business Tax Receipt, violating CUP Subsection 4 (22 zoning violations and 22 code violations issued since May 6, 2026)
• Conducting a special event without a permit on October 25, 2025 (appeal denied, fine reduced to $500 and paid)
• Failure to provide written notification to the Police Chief at least 96 hours prior to a promoted event (April 15, 2026, fine of $1,000 paid)
• Loud music/noise complaint from patio area on October 25, 2025 (written warning issued)
• Pyrotechnic display violation on May 7, 2026 (fine of $693 paid)
• Multiple Special Magistrate hearings pending for valet-related violations
• Pattern of repeated non-compliance with CUP conditions since the last progress report

Cover Sheet

Land Use Document

785.87 KB

Staff Report

Staff Report 06-02-26

1.37 MB

Staff Report 07-07-26

740.67 KB

Other

Cure Letter (Sent on 05-01-2026) 06-02-26

127.83 KB

CUP (07-27-2021) 06-02-26

425.63 KB