Res. No. 101-97-10071RESOLUTION NO.101-97^19071
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR
A SPECIAL USE PERMIT FOR A "DRY CLEANING PLANT",
PURSUANT TO SECTION 20-3.4 (B)(7)OF THE LAND
DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT
5800 SW 73 STREET,SOUTH MIAMI,FLORIDA 33143;
PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,Angel Suarez,the representative ofRey'sCleaners,
hasmadeapplicationto request aSpecialUse Permit,inorderto
operate a wDry Cleaning Plant"which istobe located inthe "SR"
Specialty Retail/Residential zoning district and located in the
HometownOverlay District,pursuant toSection 20-3.4(B)(7)of the
Land Development Code;and,
WHEREAS,the property is located at5800S.W.73Street;
South Miami,Florida,33143,andislegally described asfollows:
Lots 46 and 47,Less the West 60 feet thereof,of nW.A.
LARKIN'S SUBDIVISION,"according to the plat thereof as
recorded inPlat Book 3atPage198ofthe Public
Records of Dade County,Florida;and,
WHEREAS,thepropertyownerhas submitted aletterof intent
authorizing the future use proposed bythe applicant;and,
WHEREAS,PlanningDivisionstaffhasrecommendedapprovalof
the application for a Special Use Permit,which recommendation is
based upon (a)the merits of the application and (b)consistency
withtheCity'sadoptedComprehensive Plan;and,
WHEREAS,onMay 13,1997,thePlanning Board voted 5:2 to
recommend approval ofthe Special Use Permit,as presented,
inclusive ofall applicable requirements andof staff's condition
that final landscapingplansincludeadditionallandscaping
material for thesite,and thatthe City Manager shall have the
authority to immediately close the establishment inthe event
that stated conditions and requirements arenotmet,such asthe
occurrence of unacceptable,noxious emissions;and,
wRey's Cleaners"Special Use:Public Hearing June 3,1997
Page2ofRes.#101-97-10071
WHEREAS,the Mayor and City Commission of the City of South
Miami desire to accept the recommendation of the Planning Board.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The request,submitted by Rey's Cleaners for a
SpecialUsePermittooperatea"Dry Cleaning Plant,"pursuant to
Section 20-3.4(B)(7)and Section 20-7,12(A)of the City's adopted
Land Development Code (LDC),is hereby granted.
Section 2 This approval is subject to and dependent upon
the restriction and limitation of the "Dry Cleaning Plant"use to
5800 S.W.73 Street,and as indicated in the submitted site plan.
Section 3.Final landscaping plans must include additional
landscapematerial,inordertoprovideadequateacousticaland
visual buffering,especially towardsthe rear property line,as
determined bythe Environmental Review and Preservation Board.
Section 4.TheCity Manager is hereby granted the authority
to immediately closetheestablishmentintheeventthat stated
conditions and requirements [inthe resolution and LDC]arenot
met,suchasthe occurrence ofunacceptable,noxious emissions.
Section 5.TheCity Manager shallhavefinal approval and
authority overall matters regarding the determination ofthe
applicant's compliance with the intent of these sections.
Section 6.This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 3rd dayofJune,1997.
ATTEST:
/L+juLU>
CITY CLERK
READ AND APPROVED AS TO FORM:
r^Sk l a &<*/%*-
CITY ATTORNEY
COMMISSION VOTE:
Mayor Price:
Vice Mayor Robaina:
Commissioner Bethelc:\...\Reports-Bill V5BB0 SW 7
Commissioner Olivero
Commissioner Young
300 SW 73 St Ras.doc
"Rey's Cleaners"Special Use:PublicHearingJune 3,1997
5-0
Yea
Yea
Yea
Yea
Yea
¥¥*\CITY OF SOUTH MIAMI
W INTER-OFFICE MEMORANDUM
To:Mayor andCity Commission
From:L.Dennis Whitt jfrr^
City Manager
Date:May 24,1997
Agenda Item #*
Re:Comm.Mtg.06/03/97
"Rey's Cleaners"SpecialUse
REQUEST:
A RESOLUTION OF THE MAYORANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
RELATINGTOA REQUEST FORA SPECIAL USE PERMIT FORA"DRYCLEANINGPLANT",PURSUANTTO
SECTION 20-3.4(B)(7)OF THELAND DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT 5800
SW73 STREET,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING
FOR AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
Thebackgroundandanalysis of boththeproposeduseandthesubjectpropertywhichislocated
inthe"SR"SpecialtyRetail/ResidentialzoningdistrictandtheHometownOverlayDistrictare
containedinthePlanningBoard Staff Report [attached],preparedby Planner Brian T.Soltz.
OnMay 13,1997,thePlanningBoardheldapublichearingregardingthisitem.Atthehearing
onemember of thepublicraiseda concern regardingthe proliferation of dry cleaners intheSR
District.Twomembers of thepublicspokeinfavor of thisparticularestablishment,basedupon
itsreputationinothermunicipalities (e.g.,CoralGables)andthecleanliness of thenewprocess.
The Planning Boardvoted5:2to recommend fortheapproval of the application,as presented,
inclusive of allapplicablerequirementsand of staffsconditionthatfinal landscaping plans
includeadditionallandscapingmaterialforthesite,andthattheCity Manager shallhavethe
authority to immediately closethe establishment inthe event that stated conditions and
requirementsarenotmet,suchasthe occurrence of unacceptable,noxiousemissions.
RECOMMENDATION:Approval of the proposed,draft resolution which contains the
recommendations made by the South Miami Planning Board.
Attachments:
ResolutionforPublicHearingandadoption
StaffReportby Planner BrianT.Soltz
Letter of Intent fromthe Applicant
Letter of Authorization by Property Owner
Reduction of the Proposed SitePlan
CityManager'sReport:"Rey's Cleaners"SpecialUse
Reduction of Proposed Elevations
Reduction of Existing Property Survey
Advertisement for Publication and Mailing
Mailing Area Map (500-foot mailing radius)
Excerpted PB Minutes of May 13,1997
?ffi&fe\CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor andCity Commission Date:May 24,1997
Agenda Item #
Re:Comm.Mtg.06/03/97
"Rey's Cleaners"SpecialUse
From:L.Dennis Whitt
CityManager
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A"DRY CLEANING PLANT",PURSUANT TO
SECTION 20-3.4(B)(7)OF THE LAND DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT5800
SW 73 STREET,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING
FOR AN EFFECTIVE DATE.
BACKGROUND &ANALYSTS
The background and analysis of both the proposed use and the subject property which is located
within the "SR"Specialty Retail/Residential zoning district and the Hometown Overlay District
are contained in the Planning Board StaffReport [attached],prepared by Planner Brian T.Soltz.
On May 13,1997,the Planning Board held a public hearing regarding this item.At the hearing
one member of the public raised a concern regarding the proliferation of dry cleaners intheSR
District.Two members ofthe public spoke in favor ofthis particular establishment,based upon
its reputation in other municipalities (e.g.,Coral Gables)and the cleanliness of the new process.
The Planning Board voted 5:2 (Zeller,Illas)to recommend for the approval of the application,as
presented,inclusive of all applicable requirements and ofstaffs condition that final landscaping
plans include additional landscaping material for the site,and that the City Manager shall have
theauthoritytoimmediatelyclosethe establishment intheeventthatstatedconditionsand
requirements are not met,such asthe occurrence of unacceptable,noxious emissions.
RECOMMENDATION:Approvalofthe proposed,draft resolution which contains the
recommendations madebythe South Miami Planning Board.
Attachments:
Resolution forPublicHearingandadoption
Staff Report by Planner Brian T.Soltz
Letter of Intentfromthe Applicant
Letterof Authorization byPropertyOwner
Reduction of the Proposed Site Plan
CityManager'sReport:"Rey's Cleaners"SpecialUse
Reduction of Proposed Elevations
Reduction of Existing PropertySurvey
Advertisement for Publication andMailing
MailingAreaMap(500-footmailingradius)
ExcerptedPBMinutes of May 13,1997
a
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:BillMackey Date:May 8,1997
Director ofPlanning&Zoning
From:BrianT.Soltz Re:SpecialUsePermit
Planner ^&^^5800 SW 73 Street
ITEM:PB-97-018
Applicant:Rey's Cleaners
Request:ASpecialUsePermitfora"DryCleaningPlant"inthe "SR"(Specialty
Retail)zoning district,as specified in§20-3.4(B)(7)of theLand
Development Code.
Location:5800 SW 73 Street
BACKGROUND
The applicant Rey's Cleanersis requesting aspecialuse permit inordertooperateadry
cleaning plantat 5800 SW 73 Street.The previous use at this location was J.Poole
Associates,Inc.which was classified asarealestate office.The Hometown Plan permits
dry cleaning plantsasaspecialuse provided thatthe following generalandspecial
requirements are meet:
General Requirements
(1)All such uses shall comply with all requirements established in the appropriate
zoning use district,unless additionalor more restrictive requirements areset
forth below or by the City Commission.
(2)All suchusesshallbe determined tobe of a compatible and complementary
nature with any existing or planned surrounding uses.
(3)Apublichearingshallbe held bythe City Commission to determine the overall
compatibility of theuse with the surrounding neighborhood.
ti
SpecialRequirements
(1)Only nonflammable solvents in self-contained dry cleaning unitsshallbeused.
(2)A decorative wallof masonry,reinforced concrete,or precast concrete,six(6)
feetin height,shallbeerectedalongallinteriorpropertylines,includingtherear
propertyline,whichabut residential districts (RS,RT,RM,andRO).This
requirement maybe waived or modified bytheCity Commission if adequate
acousticalandvisual buffering areprovided.
(3)Landscaping,inadditiontothatwhichisrequiredunderSection20-4.5,
Landscapingrequirements,mayberequiredbytheCityCommission.
ANALYSIS
Staff recognizes this application asa"StateoftheArt"dry cleaning plant.The proposed
dry cleaning plantuses nonflammable solvents in self-contained drycleaning units.This
proposalisthefirstapplicationunderthesenewcoderequirements.Asnotedunderthe
backgroundsection of thisreportadrycleaningplantmustalsohaveadecorativewall
when adjacent toa residential ora residential office district;however,sincethisproperty
is adjacent toother commercial properties thewallisnot required.Theapplicantin
ordertocomplywiththethirdspecial requirement,landscaping,hassubmitteda
preliminary landscaping plan showing the locations ofsitetrees(seesite plan).
Considering theself-containedunitsandtheadditionallandscapingstaffbelievesthatthe
proposed dry cleaning plantwillnot adversely affectthehealthorsafety of persons
residing orworkinginthevicinityofthe proposed use;nor,willthedry cleaning plantbe
detrimental tothepublicwelfareorpropertyorimprovementsintheneighborhood.
COMPREHENSIVE PLAN
ThisrequestedSpecialUsePermitdoesnotconflictwiththeadoptedComprehensive
Plan of theCity of South Miami.
APPLICABLE REGULATIONS
Land Development Code
•Section 20-5.8 (Special Use Permit)
•Section 20-7.12 (Permitted Uses-Hometown)
•Section 20-3.4(B)(7)(Special Use Conditions)
RECOMMENDATION
Staffrecommends APPROVAL of thespecialusepermitwiththeconditionthatthe
finallandscapingplansincludeadditionallandscapematerialinordertoprovideadequate
acousticalandvisual buffering especiallytowardstherearpropertyline,as determined
bythe Environmental Review and Preservation Board.
..\SM01\Planning\Planning Board\Reports\Reys CleanersReport
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CLEANERS
2619 PONCE DE LEON BLVD.
CORAL GABLES,FL 33134
PHONE:443-0839
April 21,1997
The City of South Miami
Planning Board
Gentlemen:
Rey's Cleanersrespectfullysubmitstheenclosed
application,with the purpose of acquiring the proper
licenses to operate a full service drycleaning business,
at 5800 SW 73 Street in the City of South Miami.
Wehaveenteredintoanagreementtoleasesaid
property once all licenses and permits have been granted
by the City of South Miami.
Rey's Cleaners has been established in the City of
Coral Gables for the past 20 years.Wehavebeen known
tobe one ofthe finest drycleaning establishments in
South Florida.We count with close to 30 employees.
We have been an environmentally conscious company and
adhere to all regulations demanded of us.All our equip
ment is "State of the Art"and complies or surpasses all
requirements set by Dade County's DERM.
AspresidentofRey's Cleaners Ihavebeenadirector
of the Neighborhood Cleaners Association International for
the past 10 years andalsoa director fortheFlorida
Dry Cleaners Coalition.I have recently been named president
of the Dade CountyDry Cleaners Coalition,that keeps close
communications withDERMand serves asliasonbetweenthe
Dry Cleaning Industry and the Dept.of Environmental Regu
lations.
Our South Miami branch will be environmentally safe,and
meet all necessary regulations as required byDERM and the
City of South Miami.
(t
CLEANERS
2619 PONCE DE LEON BLVD.
CORAL GABLES,FL 33134
PHONE:443-0839
Some of the precautionary methods that will be used are:
*Fifth generation,closed loop and self contained
dry cleaning machine,that surpasses all regulations set forth
by the State.
*Floors in the dry cleaning area will be coated with
a special epoxy,preventing any spillage from seeping into the
grounds.
*All drycleaning equipmentwillbemountedon
containment pans as a precaution for spillage.
*Hazardous waste will be hauled by a licensed company,
*Separator water will be treated as required by DERM
before being released into the sewers.
By talcing thesestepswewillsafeguardthehealthand
safety of all persons residing or working in the vicinity
of our store.
I invite youtocomeandvisitourMainPlantlocatedin
Coral Gables.Take a look for yourself at the kind of operation
weare accustomed to running.Our South Miami branch will be
a beautiful building with soothing pastel colors (as you will
see in the architects rendering)that will enhance the beauty of
the community.We will also improve the surroundings of the
building by landscaping in excess of the City's requirement.
In closing our drycleaning facility will comply with all
code regulations,be safe to our environment,provide a necessary
service to our community with a "State of the Art"operation that
will enhance and improve theCityofSOuth Miami.
We hope to be part of the growth and welfare of this city.
Sincerely vpuray <
--Qc.
Angel S
Preside1
/*
April 21,1997
Rodger D.Shay
105 Arvida Parkway
Coral Gables,Florida 33156
I hereby authorize Reyfs Cleaners,Angel Suarez,the
right to apply for a zoning variance to rent my property
locatedat5800SW73rdStreet,SouthMiami,Florida.
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I
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Planning and Zoning Division
6130 Sunset Drive;South Miami,Florida 33143
Phone:(305)663-6327;Fax #:(305)666-4591
OnTuesday,May13,1997,at7:30P.M.theCity of SouthMiami Planning Boardwillconduct
aPublic Hearing inthe Commission Chambers atthe above address onthe following:
ITEM:PB-97-018
Applicant:Rey's Cleaners
Request:A Special Use Permit fora"Dry Cleaning Plant"inthe "SR"(Specialty Retail)
zoning district,as specified in§20-3.4(B)(7)oftheLand Development Code.
Location:5800 SW 73 Street
South Miami,Florida 33143
All interested parties are urged to attend.Objections or expressions of approval maybe made in
personatthe hearing orfiledinwritingpriortooratthe hearing.ThePlanningBoard reserves
therighttorecommendtotheCityCommissionwhatevertheboardconsidersinthebestinterest
forthearea involved.Interested parties requesting information areaskedtocontacttheBZCD
Department bycalling663-6347orwritingtotheaddressindicatedabove.
You are hereby advised thatif any person desires to appeal any decision made with respect to
anymatter considered atthis meeting or hearing,suchpersonwillneedarecordofthe
proceedings,and for such purpose may need to ensure thata verbatim record ofthe proceedings
is made,which record includes the testimony and evidence upon which the appeal istobe based
(F.S.286.0105).Referto hearing number when making any inquiry.
/H
•czed rmj-n rnri I I—T
—MAILING AREA
APPLICANT:
REY'S CLEANERS
OWNER:
RODGER SHAY
ADDRESS:
5800 SW 73 STREET
REQUEST:
SPECIAL USE PERMIT
CITY OF SOUTH MIAMI
HEARING NUMBER:
PB-97-018
DATE:
MAY 13,1997
PLANNING BOARD,,/1
EXCERPTED MINUTES
Planning Board
Tuesday,May 13th,1997
City Commissioners'Chambers
7:30 P.M.
A.Boardmemberspresentconstitutingaquorum:S.Basu(Chairperson);K.Zeller(Vice-
Chairperson);A.Oliveros;G.Illas;A.Dupree;C.Thorner;andJ.Lefley
B.CityStaffpresent:BrianSoltz(Planner);andDavidStruder(BoardSecretary)
IV.Public Hearings
A.ITEM:PB-97-018
Applicant:Rey's Cleaners
Request:A Special Use Permit fora "Dry Cleaning Plant"inthe "SR"(Specialty Retail)
zoning district,asspecifiedin§20-3.4(B)(7)of theLandDevelopmentCode.
Location:5800 SW 73 Street
South Miami,Florida 33143
1.Mr.Oliverosreadthe request intotherecord.
2.StaffpresentedtheapplicationtotheBoard,statingthattheproposeduseispermittedasa
special useintheSR District.Staff reviewed the information contained intheir memorandum,
dated May8,1997,and provided totheBoardforitsreference.
3.Discussion ensued in regard tothe properties that were noticed forthis particular agenda item.
For the Board's reference,staff reviewed information indicating the mailing area for properties
that were noticed.
4.Mr.Angel Suarez,PresidentofRey's Cleaners,signedinandspokebeforetheBoard.
a.Mr.Suarezexplainedcurrentdrycleaning methods andpractices,andhestatedthatthese
procedures would be followed at the new establishment.
b.Mr.Suarez noted that "state-of-the-art"equipment is being proposed forthenew location,
stating thatsuch equipment is"fifth generation",orthe latest,in design.
c.Mr.Suarez commented that waste produced asa result ofthedry cleaning process would be
removedfromthe premises byahauler.
d.Mr.Suarez commented that,asthe President oftheDadeCountyDry Cleaners Coalition,he
servesastheliaisonintheCountyforthedrycleaningindustryandDERM.
e.The Board and Mr.Suarez discussed several issues relative tothedry cleaning industry in
general,including its response to environmental concerns;regulation and approval by DERM;
substances and liquids usedinthedry cleaning process;and costs and prices charged to
customers of dry-cleaning establishments.
PBMin 5-13-97 it
5.Publichearingwasopened.
a.Ms.SusanRedding,of 7930 SW 58 Court,spokebeforetheBoard.Sherelatedthather
concerns involvedpermittingseveralsimilaruseswithintheSRDistrict,resultinginwhatshe
described asa "saturation of usage".Ms.Reddingopinedthatthistype of saturation would
occurwiththeapproval of anotherdrycleaningestablishmentinthedistrict.
b.Mr.David Tucker,Sr.,of 6556SW78 Terrace,signedintospeakbeforethe Board.He
stated that,whilethe presence of several similar useswithinasingle district maybea concern,
he determined that this particular dry-cleaning establishment wouldbea"very clean operation".
Mr.Tucker closed byaskingtheCityto consider thefirm's reputation developedbyits location
in Coral Gables.
c.Mr.JohnWeil,of Cocoplum,signedinandspokebeforetheBoard.Mr.Weil notedthatheis
along-standingcustomer of the firm's locationinCoralGables,andhestatedthattheSouth
Miamisitewouldbean"asset"totheCity.
6.Publichearingwasclosed.
7.Followingtheclose of thepublic hearing,theBoardcontinued with itsdiscussion of the
application.
a.The Board discussed its concerns involvingthe placement of a dry-cleaning establishment in
theSR District onSW 73 Street,including its generation of pedestrian traffic,visibilityona
prominent corner,andneedfor additional landscaping.
8.Motion:Ms.Thorner moved approval of the application as presented,inclusive of staff s
condition that final landscaping plans include additional landscaping material forthe site.
9.Motion died for lack of second.
10.TheBoardand representatives continuedto discuss the application.
a.Mr.Paul Bucker,architect,signed into serve as a second representative.Mr.Buckerspokein
regard tothe proposed landscaping plans,which include itemssuchas flowering trees along the
street,palms atthe entrance,additional oaks atthe rear of the property,and ahedge along the
rearpropertyline.
b.Mr.Lefley suggested thatan additional condition of approval be incorporated -that if theuse
fails to adhere tothe requirements and conditions,as presented and agreed tobytheCity,such
asinvolvingtheemission of noxious fumes,theCitymayrevoketheestablishment's
occupational license.
c.Mr.Ozzie Rubio,Vice-President of Steiner Atlantic,Inc.,signed in and spokebeforethe
Board asathird representative.Mr.Rubio stated thatthe proposed dry cleaners wouldbeunlike
anyotherdry cleaners nowintheCity,maintaining thatitwouldbeone of afew"state-of-the-
artdrycleaningfacilities"inDadeCounty.
PBMm 5-13-97 /v
11.Second motion:Mr.Illas moved denial of theapplication,aspresented.Ms.Zeller seconded
the motion.
12.Vote:Approved:3Opposed:4
(Ms.Zeller)(Ms.Dupree)
(Mr.Illas)(Ms.Thorner)
(Mr.Lefley)(Mr.Basu)
(Mr.Oliveros)
13.Motion failed.
14.Third motion:Ms.Dupree moved approval of the application,as presented,inclusive of all
applicable requirements and of staff s condition thatfinal landscaping plans include additional
landscapingmaterialforthesite.Ms.Thorner seconded the motion.
15.Amendment:Mr.Lefley moved approval of an amendment tothe motion thatthe City
Managershallhavethe authority to immediately closethe establishment in the event thatstated
conditionsandrequirementsarenotmet,suchastheoccurrence of unacceptable,noxious
emissions.Ms.Dupree seconded the motion.
16.Vote on the amendment:
Approved:5Opposed:2
(Ms.Zeller)
(Mr.Illas)
17.Vote on the third motion:
Approved:5Opposed:2
(Ms.Zeller)
(Mr.Illas)
PBMin 5-13-97 IH