Loading...
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 n 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. RodgerD.Shay /<( » 3 "5—!! \s ^- l\ SW 73rc Street SEV DIYCLEA5IK SIOIK 3 EV 'S CLE A NESS i \ \; I /" IP n fcsttl3^ —K AAA A ,*•<,>./?*i_ii t A.gei S«»»*« 3800 S*7Si«J Str««i •^•m.rL»»»i*A2U2 J05-A4*-08J9 I \ if 31 !2. ?5 11 EE3 !i f 9 ;i .Buckler Architects 1* IS ••• =3 ft 0? !i ' I >i a\ a FT- iiliml >i/~ ^M -PI !£5 li/ .3 1EV DITCtH.IWC STOIE EET'S C leasees Aatfel Sa«»*s StOO SW 7Jrd Streeto ->\i*»w FU«»«U UU2 :is 1 S05-44S-0819 p n i i ;•11 \'' Architects C«»A1 OAMU*fUNUOA •.)*»••0OS44MOO /« OUNDNAIL AND ISC (ILLEGIBLE) %-S.W.73rd^Street T£T 7/2" \ND CAP IRON PIPE "LB 6086" N.89*24'55mE. 83.19'(MEASURED) 82.50'(PLAT) 7^ I^S J7.8' STORY COMMERCIAL BUILDING (NO.5800) FLOOR ELEV.- 46.2' ASPHALT PARKING LOT TYPICAL GROUND ELEVATION 83.19' N.89'32'46"E. WOOD UTILITY POLE (TYPICAL) (WITH OVERHEAD WIRES) FOUND NAIL AND DISC *C8cAn (0.2'SOUTH OF TRUE CORNER) (H 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