CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, March 20, 2012 at 7:00 PM

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1 CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, March 20, 2012 at 7:00 PM The meeting was called to order on the above date by Mayor Peggy Noland at 7:03 p.m. in the City Commission Chambers, City Hall, Deerfield Beach, Florida. CALL TO ORDER AND ROLL CALL Present: Also Present: Absent: Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston Vice Mayor Marty Popelsky Mayor Peggy Noland Burgess Hanson, City Manager Andrew Maurodis, City Attorney Ada Graham-Johnson, MMC, City Clerk None INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Luke Still, Grace Baptist Church, followed by the pledge of alliance. APPROVAL OF THE MINUTES DIGITAL TIME STAMP: 7:04:26 Regular City Commission Meeting Minutes - March 6, 2012 Motion was made by Commissioner Joe Miller and seconded by Commissioner Ben Preston to approve the Regular City Commission Meeting Minutes of March 6, Voice Vote: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Ben Preston, Vice Mayor Marty Popelsky, and Mayor Peggy Noland. NAYS: None. ACKNOWLEDGEMENT OF BOARD MINUTES DIGITAL TIME STAMP: 7:04:38 1) Planning & Zoning Board Minutes - November 17 & December 1, ) Police Pension Board Minutes - December 1, ) Community Redevelopment Agency Meeting Minutes - January 17, 2012 Motion was made by Commissioner Joe Miller and seconded by Commissioner Ben Preston to acknowledge the Board Minutes. 1

2 ACKNOWLEDGEMENT OF BOARD MINUTES - CONTINUED Voice Vote: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Ben Preston, Vice Mayor Marty Popelsky, and Mayor Peggy Noland. NAYS: None. INSTALLATION CEREMONY DIGITAL TIME STAMP: 7:05:11 1) Presentation/remarks for outgoing Vice Mayor Marty Popelsky 2) Oath of office administered by City Clerk to Commissioner Bill Ganz, Incoming Vice Mayor Mayor Noland presented a Certificate of Appreciation to Vice Mayor Marty Popelsky for his service as Vice Mayor from Vice Mayor Popelsky said that there have been many people who have made statements. He said that time goes by extraordinary fast when you are enjoying yourself; which has been the case this past year. He thanked Mayor Noland and his fellow Commissioners for moving the City forward. Mayor Noland presented a Certificate of Appreciation to Commissioner Ganz for his dedicated work, as a City Commissioner from March March Ada Graham-Johnson, City Clerk, inducted Commissioner Bill Ganz into office as the Vice Mayor for March March Vice Mayor Ganz thanked everyone for their attendance and applauded the Commissioners for a job well done. Mayor Noland commended the Commission for their professionalism and looking out for the community s interests. She said that she is proud to serve with all the Commissioners. COMMUNITY IMPROVEMENT VIDEO DIGITAL TIME STAMP: 7:10:39 The Community Video showed highlights of the Black Heritage Banquet, Deerfield Beach Little League Opening Day, BSO PAL Programs, Relay for Life Yard Sale, and the BSO Annual Awards Ceremony. PRESENTATIONS DIGITAL TIME STAMP: 7:14:26 1) Certificates of Appreciation presented by Mayor Peggy Noland to various BSO Personnel in recognition of the BSO Promotion/Awards Ceremony. Mayor Noland said that on March 14, 2012, several BSO Deerfield Beach Deputies took part in the BSO Promotion/Awards Ceremony in Fort Lauderdale. She announced that State Representative Gwyndolen Clarke-Reed is present to award certificates to the BSO Deputies. 2

3 PRESENTATIONS - CONTINUED Rep. Clarke-Reed recognized the Commissioners and thereafter invited everyone to the Expo at the E. Pat Larkins Center, Pompano Beach, on Wednesday, March 28 th from 5:00 PM - 8:00 PM; agencies throughout the State will be present, to include Citizens Insurance. The center is located on Hammondville Road/Dr. Martin Luther King Avenue. A light dinner will be served. Continuing, Rep. Clarke-Reed presented Certificates of Appreciation to BSO Personnel for Unit of the Year Award; Deputy Harold Morrison, Exceptional Service Award; Deputy James Morrisroe, DLE Deputy of the Year; Detective Nick Romano, Promotion to Sergeant; and Corporal Jerry Squadrito, DLE FTD of the Year; as well as Unit of the Year Award. She thanked them for their service and Chief Sudler for protecting her house while she is in Tallahassee. Mayor Noland also presented Certificates of Appreciation to the above mentioned BSO Personnel and outlined their promotion and award for service of the year. She also read and presented the certificate for the SWAT Team Unit of the Year. Chief Sudler thanked the Mayor and Commissioner for recognizing the deputies for receiving the awards. He explained that the nominations were not from the City of Deerfield Beach, but throughout the County. There are probably several hundred corporals and FTD s throughout the County and he was selected as the number one guy. He continued outlining the awards received. The Unit of the Year award went to the SWAT Team which is a part-time unit that supports not only BSO jurisdiction, but other municipalities that do not have a SWAT Team and sometimes they are not appreciated. He explained the roles of various SWAT members, i.e. operators and negotiators. He commended Deputy Morrison for turning the Westside Park around as there were many issues four (4) years ago. Deputy Jim Engle, BSO, said that he has been in the City for 30 years. He said that there were approximately 500 in attendance at the awards ceremony. Out of all the cities there was only one city that had other elected officials and personnel present; he named the individuals that were present from the City. APPROVAL OF THE AGENDA DIGITAL TIME STAMP: 7: 27:12 March 20, 2012 Motion was made by Commissioner Joe Miller and seconded by Commissioner Ben Preston to approve the March 20, 2012 agenda as submitted. Voice Vote: YEAS: Commissioner Joe Miller, Commissioner Ben Preston, Commissioner Marty Popelsky, Vice Mayor Bill Ganz, and Mayor Peggy Noland. NAYS: None. 3

4 WRITTEN REQUESTS DIGITAL TIME STAMP: 7:27:24 1) Jean Robb, 380 SE 2 nd Avenue, Deerfield Beach, wishes to address the City Commission regarding what is wrong with this picture. See attached verbatim portion. PUBLIC HEARING - 2ND READING ITEM 1 DIGITAL TIME STAMPED: 7:32:07 Ordinance 2012/010 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH REZONING A PROPERTY IN AN ANNEXED AREA FROM BROWARD COUNTY ZONING M-3 (17.77 ACRES) AND M-4 ( ACRES) TO CITY ZONING I-2; SAID PROPERTY DESCRIBED ON ATTACHED EXHIBIT A; CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. The Ordinance was read by title only. Andrew Maurodis, City Attorney, said that we are going to employ quasi-judicial procedures in the proceeding in an abundance of caution. As a result of case law that has developed over the last 20 years, the concept of open quasi-judicial hearings for rezoning has been instituted in certain cases. The Supreme Court Case which provided for the use of the quasi-judicial procedure indicated that a matter would be quasi-judicial where the rezoning dealt with a single or small amount of property and a small amount of owners. He said that he does believe that this case would qualify for quasi-judicial consideration; however, in an abundance of caution, those procedures will be employed as the case law has not settled nor is there sufficient case law that you can be absolutely relied upon. Thereafter, he outlined quasi-judicial procedures; and administered the oath to those testifying. He continued outlining the order of the procedures; Staff presentation, questions and answers from the affected property owners to Staff; City Commission may also question Staff; and the owners of the property to be rezoned, will have an opportunity to testify, present evidence, and information they deem to be appropriate. He said that the time will be liberal because of the nature of the quasi-judicial hearing. At that time, Staff will have the opportunity to cross examine the owners about their testimony. If members of the public which to ask questions, they would have to do so through the Chair. Continuing, Mr. Maurodis said that at the end of the testimony and cross examination by the property owners, the public will have the opportunity to provide testimony. He continued outlining the procedures, to include rebuttal by the land owners and then to the Commission. He asked that the property owners in the area to be rezoned to identify themselves. He said that once he indicates that this is an opportunity for property owners to ask questions of the witnesses, you will have that opportunity. This is an opportunity to get information, but not to play Perry Mason. Mr. Maurodis administered the oath to all individuals wishing to speak. He said that if someone 4

5 PUBLIC HEARING - 2ND READING - CONTINUED changes their mind and wishes to testify and has not been sworn in, please advise and he will administer the oath prior to them speaking. STAFF PRESENTATION Gerald Ferguson, Director of Planning and Development Services, City of Deerfield Beach, said that he has been a practicing City planner for over 30 years, a member of the American Institute of Certified Planners for 24 years, and the Director of Planning for the City for 21 years. He said that before you is a proposal to rezone a portion of the City from Broward County M-3 and M-4 Industrial Zoning to a Deerfield Beach zoning classification, Limited Heavy Industrial (I-2). The subject area is a portion of the City which was annexed by a special act of the State, codified as Chapter Laws of Florida, submitted as Exhibit A. Mr. Maurodis said that Ms. Cruz, Assistant City Attorney, is providing that; also being submitted for the record is the entire staff report and backup. The Special Act Mr. Ferguson referred to has been provided to the City Clerk as part of the record. Continuing, Mr. Ferguson said that the subject area of the Act is that portion of the City bounded on the north by SW 10 th Street; on the east by Powerline Road; on the south by NW 48 th Street aka Green Road/Wiles Road; on the west is the Florida Turnpike. That Act has a provision which stipulates that the uses allowed in the M-3 and M-4 zoning, at the time of annexation, 1990, are allowed until such time as the zoning is changed and prevents the City from initiating a zoning change for 12 years, or until The annexation took place in 1990 by a Special Act; he reiterated that the City could not initiate a zoning change until at least He further stated that at the end of the presentation he will present a zoning map of the area as it existed in 1990, at the time of annexation. Thereafter, Mr. Ferguson said that during research, they found that the County zoning records, for the area, are somewhat lacking. Apparently, the person in charge of zoning at that time decided that once the area was annexed, the records were no longer needed and the zoning maps, etc, were disposed of. Therefore, research was done through County Commission Minutes, speaking with planning staff still there to arrive at some conclusion. According to their conversation with Mr. Jeff Day, Broward County Senior Level Zoning Administrator, who has been with the County for over 2 decades, it is not documented exactly when the Broward County zoning code was applied to this area, when it was first adopted. Mr. Day said that their records indicate that the Code was in existence as far back as the 1950s. Also, the origin of the Code is not documented, but Mr. Day has held that it was taken from the City of Detroit. Additionally, another former staff person says it was taken from the Chicago Code; regardless, it is not from here. This part of the Country has a very different geography, climate, and economy. 5

6 PUBLIC HEARING - 2ND READING - CONTINUED Consequently, since the records were discarded after annexation, they have been able to piece together from County Commission minutes, that this entire area, previously described, was possibly an A-5 zoning at one time, which is excavation. He outlined the zoning map, wherein, a portion is a sand or gravel pit. The lake is a dug lake and is not natural, but this is not an issue. The County Minutes also indicate that there was a land use amendment and rezoning of the entire north half in 1980, from this excavation zoning of A-5 to residential; A-5 to R-4 residential, which is the Independence Bay Community area. Independence Bay Community property was platted in two (2) phases, 1983 and 1985 which ultimately was approved for 800 dwelling units. The first retrieval record of rezoning from A-5 to M-4 took place in 1981 and according to County Staff was for a paving company. The majority of Independence Bay Community was rezoned with the land use amendment in He said that two (2) small portions, totaling approximately seven (7) acres were not owned by the developer; pockets were not included in the rezoning, since the land was not owned by the developer, but have since acquired the property. In 1983, the seven (7) acres were also rezoned to R-4, which made for the entire area of the Independence Bay Community. In 1984, County Staff states, There were a few rezonings from A-5 to M-4 and to M-3 (also an industrial) category. Submitted into the record was Composite Exhibit B - Minutes of County Commission Meeting. Continuing, Mr. Ferguson said that in 1990, by the time the area was annexed, that zoning from the 50 s and another part of the country, was both archaic, both in style; (a pyramid or compound layering form) of zoning, also archaic in terms of substance, (many of the uses were for industries that no longer existed because of technological advances and changes in the overall economy; such as whale oil rendering and wool scouring). (2) The zoning was not appropriate or feasibly economically for South Florida because of the geographical location and the consumer trade market here. This was supported by the fact that in 1999, Broward County completely revamped its zoning code, changing both the style and substance which included doing away with the pyramid type of zoning, and eliminating the archaic and inappropriate (for this part of the country) uses, and the M-4 category completely. In addition, by 1990, the land use pattern, or mix in this general area had change from when the zoning was first established. Part of the annexation of property owner of large track on the northwest and west side of the lake, County B-3, Office Park (OP), and a portion of M-3, they petitioned the City to change the use, from a mixture of Industrial, M-3, Heavy Commercial, B-3, and Office Park to residential also; which request the City approved. In 1997 the zoning of the Independence Bay Community with its mixed uses; Independence Bay Community, R-4, planned unit development now the Waterways development. Development of the residential area became fully realized with a total of 1,878 dwelling units. To date, the remaining industrial area, on the south side of the lake, M-3 and M-4, is approximately 60% developed or occupied; some of the parcels are not developed, but are being used for container storage or other. In 2011, the City determined that a revision to the zoning of the subject area was timely and necessary, recognizing that: 1) zoning was outdated and now inappropriate; 2) the 6

7 PUBLIC HEARING - 2ND READING - CONTINUED land use make-up of the area had drastically changed. He displayed an aerial of the zoning overlay; the bottom is the M-3 and M-4 industrial area that we are proposing to change to I-2. He highlighted both the Waterways area and the Independence Bay development. This area that is still zoned A-5 is lake. Lastly, 3) the annexation bill anticipated that change would likely be appropriate in the future. Additionally, Mr. Ferguson explained that the bill, provided that the City could not initiate a zoning change until The inclusion of this limitation would not have been necessary had it not been recognized that change might be likely, and 4) the bill requires that until the zoning is changed, the City must allow the uses permitted in the County Code as it existed in 1990, but administer the County Code as it may be amended. Furthermore, the City must process development approvals in the area in accordance with County procedures. This requirement imposes onerous and undue burden on the City by necessitating that staff administer two (2) very different zoning codes and approval processes; one (1) Code and process for this area only and another Code for the rest of the City. Those provisions applied only to the M-3 and M-4 areas of the 1990 uses. Continuing, Mr. Ferguson said given the significant changes in the development pattern, highlighted overhead, abutting the M-3 and M-4 areas, that change being the development of 1,878 residential units, approval of which began in 1980; there is significant need to take some action. He said that proper planning requires that measures aimed at realizing some degree of compatibility, to allow the heavy industrial area to develop in a manner that is economically viable, but at the same time, somewhat more compatible with existing residential development be undertaken. Therefore, addressing this situation, it is recognized that simply rezoning the area to the City s existing, much more limiting industrial zoning classification, and more limiting as compared to the 1990, M-3 and M-4 zoning, will result in an unreasonable burden on the industrial properties. Therefore, a new zoning category was created to be appropriate to this area only. The newest category is labeled I-2, Limited Heavy Industrial. Mr. Ferguson said in developing the new I-2 zoning, the City sought to update the old heavy industrial categories, reflect the need for changes, in recognition of the proximate residential development and provide for compatibility of the industrial and residential areas, as well as recognize the property rights of the affected owners. The I-2 zoning category proposed, is consistent with the City s adopted land use plan, allows the present uses to continue, and regarding future development, permits most of the uses permitted in the old M-3 and M-4, with consideration of the changed development patterns. Notwithstanding, Mr. Ferguson said that there was a workshop with the Commission on the development of the I-2 zoning and numerous meetings with Staff and the affected property owners and the residents adjacent to the to this industrial area. We made numerous revisions to the drafts of the code to accommodate the property owners as much as possible, and ended up with a zoning that is more compatible for the industrial 7

8 PUBLIC HEARING - 2ND READING - CONTINUED and residential uses. Most of the uses that are permitted under the 1990 County and M- 3 zoning will still be allowed. He commented on a matrix that entails all of the Industrial permitted uses in the M-3 and M-4; comparing that with the new I-2 zoning, which is included in the backup and shown overhead. There are 14 pages of industrial uses, approximately 149 uses. Of those, there are 13 that are not permitted in the I-2; however, of those 13, four (4) were not permitted by the annexation bill. Hence, there are nine (9) uses that will no longer be permitted in the I-2 zoning; dwellings, both principle and accessory; airports, heliports, and other transportation facilities; dredging base; bulk storage of petroleum products, butane/propane manufacturing and storage; crematory; a freight classification yard, or rail yard; hotels/motels, lodgings; trailer parks, rooming houses; institutions for the housing care and treatments, junkyards, medical waste incinerator, medical waste transfer, and shipyards. Of those, the airports, dredging base, freight classification yard, and shipyards would not be permitted by either cause of State and Federal regulations or just not being practical for this area. The M-3 and M-4 zoning uses apply to any M-3 and M-4 zoning throughout the County so there were areas that were suitable for these uses, this area may not be one of them. In closing, Mr. Ferguson said staff recommends approval as well as the Planning and Zoning Board. He also presented maps of the 1990 and 1997 zoning, as well as the aerial with the zoning overlay are submitted as composite Exhibit "C". Mr. Maurodis included the Staff report for submission. He said that if you own property in the area, to be rezoned, you can now ask questions of Mr. Ferguson. He asked that any owner who speaks, to identify him/herself and disclose the general area where the property is zoned. PROPERTY OWNER CROSS EXAMINATION Mr. Maurodis said that this is the opportunity to ask questions of Mr. Ferguson. Edward Renzulli, representing Independence Commerce Center Condo Association, as President, Independence Commerce Center, LLC, which developed the 125,000 square feet of industrial buildings, and Powerline Property LLC, which is the United Rentals property. Mr. Maurodis asked if he is representing them. Mr. Renzulli replied no; he is the president or managing member of each one of them. He asked if the zoning, when Independence Bay was approved for residential component; was Industrial M-3 and M-4, prior to agricultural. Mr. Ferguson replied no. The zoning amendments were all from A-5 to M-4 and A-5 to M-3. Mr. Renzulli said that prior to Independence Bay being developed to residential components, it was all industrial zoned. 8

9 PUBLIC HEARING - 2ND READING - CONTINUED Mr. Ferguson replied that there indication is that it was all excavation. Mr. Renzulli clarified that there are only limited 13 uses, one of which he obviously has a user for and a company wants to come into the City, but cannot because of the zoning, not permitted out of the existing M-4 zoning. Mr. Ferguson replied yes, with M-3 and M-4 combined. Mr. Renzulli again asked if out the uses, 13 are being excluded, as well as residential senior care facilities. Mr. Ferguson replied yes. Mr. Renzulli asked any particular reason why, with the residential component. Mr. Ferguson said that it was felt that it was not either desirable by the City or compatible with industrial; a nursing home in the middle of an industrial complex. Also, from a planning perspective, they also wanted to create an industrial zoning that made sense for the industrial properties. Those uses were either prohibited or that would not allowed under the I-2 were either not desire uses, felt not to be feasible or not practical for this area, or not conducive to viable industrial development. Mr. Renzulli asked if the Waste Management property was a part of the Deerfield Beach at one point, until they recently annexed into Broward County. Mr. Ferguson replied no; you do not annex into the County, you annex from the County. Additionally, south of 48 th Street has never been part of the City, west of Powerline. East of powerline is in the City. The Waste Management property has never been a part of this. Mr. Renzulli said that he understands the concern for health and wellbeing and he supports that. He said that when he met with the Assistant City Attorney and Mr. Ferguson, he has two (2) crematories that he would like to be on the property, and you said that the City would allow the crematory. He asked why that changed of Mr. Ferguson and the City Commission on that. Mr. Ferguson said that he is unsure why the City Commission instituted that at the hearing; after taking public input, the Commission decided it was in the best interest of the City. CITY COMMISSION QUESTIONS & ANSWERS Mr. Maurodis asked that any City Commissioner contacted about this map change to disclose it. 9

10 PUBLIC HEARING - 2ND READING - CONTINUED Commissioner Miller said that very early in the process, Phil Medico, one of the owners, contacted him to express his concerns and to discuss a compromise. Mr. Mele, who represents Mr. Mancini, also contacted him with his concerns. Mr. Maurodis clarified that it was not on the map change, but on the text change. Commissioner Miller said that it was very early in the process. Commissioner Preston replied that no contacts were made on the map changes. Mayor Noland said no contacts regarding the map change. Commissioner Popelsky stated that Mr. Medico and Dennis Mele called him; however, he advised that he did not wish to discuss it over the phone and suggested they come to City Hall for discussion, but they did not follow up after that. Vice Mayor Ganz said that he too spoke with Mr. Mele, representing Mr. Mancini, after the map change. He said he has spoken with several residents from Independence Bay and Waterways, Patti Donovan, President of Independence Bay and Syl Melone; as well as Drew Pittman, representing the Waterways, and others. Mr. Maurodis said that Mr. Mele advocated against and the residents in favor of the text change. Now that these contacts have been disclosed, the Commissioners may ask questions of Mr. Ferguson. Vice Mayor Ganz said that many times that we heard during this process, we heard the argument that the M-3 and M-4 zoning existed before the residential zoning for Independence Bay. However, what Mr. Ferguson testified, was that in 1980, residential was first established in the Independence Bay area, changing from excavation, which is not M-3 or M-4, to residential. Would it be incorrect to say that residential was there before the M-3 and M-4 zoning? Mr. Ferguson replied that to extent that information could be found about the zoning, yes. The first record that could be found for M-4 zoning was a change from A-5 to M-4 in There were several others in 83 and 84 from A-5 to M-4 and A-5 to M-3. Every zoning change found was from A-5 to M-4 or A-5 to M-3 or A-5 to R-4, which was in The first A-5 to M-4 was in Vice Mayor Ganz clarified that since it was 1980, technically, residential was there before heavy industrial. Mr. Ferguson said that could be a conclusion you could form based on the information that has been gathered. 10

11 PUBLIC HEARING - 2ND READING - CONTINUED Mr. Maurodis said that yes from the records that we have but there are records that we do not have. Vice Mayor Ganz said that the City has had the right since the 1990 annexation, we have had the right since 2002 to actually make a zoning change there. Mr. Ferguson replied that the City has had the authorization within the bill. Mayor Noland asked if the Waste Management was exempt from the annexation when it took place and left in the County. Mr. Ferguson replied that Waste Management, on the south side of 48 th street, was not a part of this at all. PROPERTY OWNERS TESTIMONY Mr. Maurodis provided an opportunity for owners of property in the area to be rezone to present their case. Mr. Maurodis said that we want to afford you the opportunity to say what you did not say during your questioning. Edward Renzulli, President of Independence Commerce Center Condo Association, Inc., Managing Member of Independence Commerce Center LLC, and Managing Member of Powerline Property, LLC, stated that it is not easy being up here because they have invested millions into M-4 zoning and tried to create jobs in the City of Deerfield Beach. Today, he has a project that has been built, approved zoning, DOC approvals which has not been easy. In today's economy, when you build a project like this, not only does he stand for his company but for other industrial owners who purchased units from them with the M-4 Zoning. Today, there are three (3) size units on the Independence Commerce Center site (which he listed the sizes of each unit) and each unit has a legal M-4 zoning which allows for an outdoor storage yard which has been fenced in with slats to block its view. He also commented on the landscaping that was done along the fence, required by the City. He said that they spent a lot of money on landscaping on the opposite side of the wall, facing the residential units and along the lake. Continuing, Mr. Renzulli said that collectively they started when I have a business who wants to come in, and having the proper zoning, property in March 2005, submitted site plans, received approvals, filed DOC approvals by City, confirmed M-4. In his development, where is United Rentals, which they own, but could be affected in the future. He said that the property is on 3.5 acres and expressed concern if they ever have to redevelop it. For the independent owners of Independence Commerce Center, there are 3,000, 4,000, and 5,000 square foot bays; it has not been easy attracting tenants to that location; acquiring to spending the millions that they did to build this complex and then be told at the last minute that the use is not allowed is detrimental. 11

12 PUBLIC HEARING - 2ND READING - CONTINUED There are other users like that in the City; he has the proper zoning, a company that wants to create jobs in the City and at the last minute, he has been thrown under the bus. He said that when he met with the City, they took out the use, put it back in, and when he sent the company back into the City, they rejected him again. After he met with Mr. Ferguson and everyone said fine, and to send him back in, they are sent away again. The lease amount is worth of $500,000, plus jobs for the City. He said that they pay their taxes early and have been really good neighbors. Mr. Renzulli said that when they built Independence Commerce Center, after installing the landscaping, a couple of trucks continue to hit the wall, along Powerline Road, behind United Rentals, and they continue to fix it quickly. He said that they try to keep the properties nice, but they adamantly oppose any zoning change. If this passes, they will have to seek legal action; although that is not their desire, this is a change that it is being made to industrial investors and users. We are trying to attract jobs to the City, as well as larger users, not just 3,000, 4,000, or 5,000 square foot users. Mr. Renzulli said that they are trying to be nice neighbors and do the right thing. He reiterated that he adamantly opposes this change and asked that they keep the M-4 zoning. Getting approvals in the City was not easy and they are only trying to attract jobs to the City of Deerfield Beach and not go to other cities. Commissioner Preston said that when you first came to the City of Deerfield Beach did you ever anticipate that there might be a zoning change. Mr. Renzulli said that he has done research and has multiple letters from the City of Deerfield Beach, but to develop a project like this, to get the financing, you can imagine what the lenders put them under. He said that the City of Deerfield Beach, he has letters approving his M-4 zoning and uses. This complex was built based on the documentation and approvals from the City of Deerfield Beach. He commented on a letter, prior to developing the property, that his attorney sent to the City of Deerfield Beach, requesting a letter regarding zoning, the lender also requested that and there was no mention of any zoning change or potential zoning change. Commissioner Preston said that it may not have been mentioned, but asked if Mr. Renzulli was aware that the City could make the change. Mr. Renzulli replied no. He said that they requested zoning information in writing. Mr. Maurodis asked for clarification on whether Mr. Renzulli asked the City for a statement that it would not rezone his land. Mr. Renzulli replied no. Mr. Maurodis asked if a letter was ever received from the City indicating that it would not rezone the land. Mr. Renzulli replied no; they never said that they could change the zoning. 12

13 PUBLIC HEARING - 2ND READING - CONTINUED Mr. Maurodis asked if he ever received a letter from the City indicating that they would not change his zoning; do you have a letter in your possession by the City, saying that the City of Deerfield Beach, we will not rezone your property. Mr. Renzulli replied that he has a letter that states what the zoning is. Mr. Maurodis reiterated his question. Mr. Renzulli replied that he has a letter stating what the zoning is. Mr. Maurodis said that you do not have a letter from the City stating that the City would not change his zoning. Mr. Renzulli replied that he does not believe so. Vice Mayor Ganz asked if Mr. Renzulli purchased the property in March Mr. Renzulli replied that is when they first purchased the United Rentals building; it was an existing building with an existing tenant. We purchased United Rentals whom then approached him asking to expand. That is when they ended up buying the 8.5 acres from Ranger Construction which is the land behind United Rentals, right up to Southern Waste property and then they were closing Southern Waste, who purchased 2 acres of the 8.5 from them. Vice Mayor Ganz clarified that the initial purchase was in March Mr. Renzulli replied yes. Mayor Noland said that the City said that Mr. Renzulli was in M-4. Mr. Renzulli said yes. Mayor Noland said that it was correct when you purchased the property. She asked if during the title search, his attorney ever looked into the possibility of what went on during the annexation from the County into the City of Deerfield Beach and any stipulation or concessions that could be made by the City once annexation took place. Mr. Renzulli replied that he does not have that information and did not bring counsel today, but the lawyers requested a letter from the City regarding zoning. Mayor Noland said when you bought your property, and built your building Mr. Renzulli said that one was bought existing and the other they bought land. Mayor Noland said that at that time, it was M-4, but when the City annexed the property into Deerfield Beach, the City was given the opportunity and right to rezone that 13

14 PUBLIC HEARING - 2ND READING - CONTINUED property. She again asked when Mr. Renzulli bought the building and acquired United Rentals, it was M-4. Mr. Renzulli said then they built Independence. Mayor Noland said that in the annexation bill, the City of Deerfield Beach was given the right to change the zoning. Mr. Renzulli said that is what is being said today. Mayor Noland stated buyer beware. Commissioner Preston said that it is always a good thing to have businesses come and establish in the City; however, there are some components that you should have been aware of as a business person. The only thing that could have possibly gone wrong in this experience is that the zoning would change and the City had the right to do so. He asked how it is that Mr. Renzulli did not know or ask. Mr. Renzulli replied that they did and that is what they will prove in a court of law if they have to. Commissioner Preston asked Mr. Renzulli who he asked. Mr. Renzulli replied the City of Deerfield Beach; we have letters from them regarding zoning. Commissioner Preston asked if there is a specific person that was asked. Mr. Renzulli replied that he has DOC approval. Mayor Noland said that when he purchased the property, it was zoned M-4; he had the right to build it then. Notwithstanding, he does not have a letter from the City of Deerfield Beach stating that we don t have a right to change the zoning. Commissioner Preston said that he had received that actually; therefore, he would like to know who Mr. Renzulli talked to that possibly, even if the language was such, that he was misled. Mr. Renzulli said that he has a letter with Mr. Ferguson s signature on it. There are several letters in the file. As a developer, he presented two (2) of his buyers, individual unit owners, M-4 zoning. He said he marketed the City of Deerfield Beach M-4 zoning. He said that he built this project based on M-4 zoning, being able to use the property for all uses listed in M-4. Not in 2012 to be taken aside and told what marketing is no longer allowed because the zoning is being changed because the residential people across the lake don t like it; it is a little unreasonable 14

15 PUBLIC HEARING - 2ND READING - CONTINUED Mayor Noland asked if any of the buildings that he has built so far would be turned down under the new zoning being implemented. Mr. Renzulli replied one is right now. Mayor Noland reiterated anyone that has already been built and is already in existence. Mr. Renzulli clarified for existing users and tenants and replied probably not. He said that he is trying to attract new business in the City. He commented on the foreclosures and vacancies that he has. Commissioner Miller clarified that Mr. Renzulli said that there will be a lawsuit, since he wants M-4 to stay the same; and asked if there is not one exception, as we listed 13 exception, or compromise and if not, he will sue the City. Mr. Renzulli replied that he is not threatening anyone, but he has a use that wants to come into this city, on his property and wants to sign a long term lease, create jobs, and the City is changing the zoning and use, and they want to sign a lease and move in tomorrow, and you are stopping them. He said that this is immediate damage and is documented. He said that he sent this company in to see the City and they were rejected because of their use as the City said they were contemplating changing the zoning; they left. He said that he met with folks from the City and they said they would put the use back in, they sent it to him, and he sent it to the tenant. The tenant came back to the City and was turned away again, after the City of Deerfield Beach agreed to have them come in. Commissioner Miller clarified that he is referring to the crematories. Mr. Renzulli replied yes. Commissioner Preston asked Mr. Ferguson if his account was accurate. Mr. Ferguson replied no. Lucille Legakis, 1809 S. Powerline Road, representing Sly Management/Sly Properties, said that she owns three (3) units in the buildings. She said that any zoning today is grandfathered in and will be able to stay. Mr. Maurodis said that there is a very liberal grandfather clause and all existing uses will remain. Ms. Legakis asked if they are able to make any changes today before the zoning change we should be able to do it legally and keep it that way. 15

16 PUBLIC HEARING - 2ND READING - CONTINUED Mr. Maurodis replied no; not today, you are in a zoning in progress. He further explained if you have a permitted use that is being under taken a month ago. It still can continue. Ms. Legakis said they lost one of their warehouses to a foreclosure because they did not have tenants. She commented on Wiles Road opening and said that she also commented on a race track being opened up. Mr. Maurodis said that it is prohibited by the annexation bill. Ms. Legakis said not in the City, but nearby. She said that if you have race car drivers, they will be storing hazardous materials, which she believes was mentioned. Mr. Maurodis said that tank forms are not allowed. Mr. Ferguson clarified that bulk storage is not allowed. Storage of fuel necessarily for the permitted industrial operation is permitted, but not bulk storage as a principle use. Ms. Legakis said that Mr. Renzulli has a good point, they did not have many people renting and it was very difficult. Now the economy is coming back, they have their two (2) units rented, that they did not lose and understands wanting to keep the zoning the way it is to make it easier for people to come in. As an owner, we do not want to lose another warehouse. PUBLIC TESTIMONY Mr. Maurodis provided an opportunity for the public to speak. He asked that they indicate that they have been sworn as a witness. He further asked if there are any other property owners in the area to be rezone wishes to speak. There was none. Thereafter, he opened the floor for the public to speak. Pat Donavan, 609 Congressional Way, Deerfield Beach, President of Independence Bay, stated she has been sworn in. She thanked the Mayor and Commissioners, City Manager, City Planner, and City Attorney for their continued efforts on behalf of the businesses and homeowners regarding the zoning applied to Wiles Road property and for taking control of permitted uses. The remaining areas of concerns are directly related to what we see, hear, and smell coming from the properties across the lake from Independence Bay. She said that they see billowing smoke, huge piles of questionable material, bright lights all night long, soot on the patios and cars, and thrown debris from trucks going to these properties. They also hear beeping from trucks backing up and dumping unknown materials all hours of the day and night. It is not usual to hear these vehicles at 3 or 4 in the morning; this morning it was at 6:00. We smell caustic odors that irritate the eyes, nose, and lungs. We have to wonder if we already have, or will, develop illnesses as a result of these emissions from these industries. She urged the City Commission to vote to give control of the zoning and permitted uses to the City of 16

17 PUBLIC HEARING - 2ND READING - CONTINUED Deerfield. Unless the City has control of the permitted areas, hazardous conditions will remain a threat to Independence Bay and the Waterway residents. Mr. Maurodis asked if any of the property owners have a question for Ms. Donovan. Mr. Renzulli said that he does not think that the Independence Bay residents think that any of these issues are coming from any of the property owners, but is coming from Waste Management s landfill. Mr. Maurodis reminded Mr. Renzulli that he has to ask a question. Mr. Renzulli asked if Ms. Donovan believes that 99% of this is coming from Waste Management. Ms. Donavan replied that she does not because Waste Management is a little further than where the owners properties are. She said that the smoke stacks that they see are directly across from the lake, the beeping of the trucks are not from Waste Management, but directly on Wiles Road. She said that they have driven over there to watch the trucks coming down that street and they were not going to the dump. She said she believes there have been issues from Waste Management in the past, on certain occasions, there are certain odors, but when they call, it is addressed. With regard to the issues she is speaking about, these are coming from across their lake; notwithstanding, she does not know which business it is, but when they look out and see the row of businesses is usually where they have issues. Mr. Renzulli asked where the smoke stack is that is constantly smoking. Ms. Donovan said the one on the hill is different from the one across from the lake; when they are in their backyard, but they do not know who the property owner is, but thinks it could be Ranger. Mayor Noland said she believes it is Ranger. Commissioner Preston asked how long has she lived in Independence Bay. Ms. Donavan replied 10 years. Commissioner Preston asked if there were industrial businesses there when she moved. Ms. Donovan replied that she believes so. Commissioner Preston asked why she moved there. Ms. Donovan replied that she came from Connecticut, and was not aware of all the businesses that were over there and was not taken to that area and lives on the canal 17

18 PUBLIC HEARING - 2ND READING - CONTINUED part of it. She said that she asked other residents if they enjoyed living there and they said yes; moreover, she was not aware of any of the issues nor was she aware of the dump. Commissioner Preston said that there was an industrial park and she chose to move there. He asked her if she anticipated having a conflict of interest with her moving there and an industrial business that was already established. Ms. Donovan replied not at the time, until she started seeing, hearing, and smelling things herself. Commissioner Preston asked if the residents bare any of the responsibility for the current situation. Ms. Donavan replied absolutely not. She said that she assumes that wherever she lives, that it would be the domain of the City or County to protect the residents. Vice Mayor Ganz asked if she feels it is the responsibility of the County and City to create a zoning category that would be compatible to both residential and business uses. Ms. Donovan replied absolutely; she also believes it s their duty. Lucille Legakis asked if Ms. Donovan is referring to a couple of dump trucks; when indicated she see trucks and smells. Ms. Donovan said that there are numerous dump trucks. Ms. Legakis asked if she is associating the smells with dump trucks. Ms. Donovan replied no, not necessarily. Brian Trent stated he has been sworn. He asked if the fertilizer issue is on the table or off. Mr. Maurodis said that the category has been created; this will determine whether to apply this category to this particular property. No one use is on or off the table; it is whatever is in the zoning category. He said that fertilizer is not allowed in the category. Mr. Trent said that he is in favor of the crematory not being allowed in the area. He said that he has been a teacher for 32 years and asked if the Commission wishes to hear his qualifications; Masters of Science in Health Education. Mr. Maurodis reiterated that the crematories have been taken out of the category already. 18

19 PUBLIC HEARING - 2ND READING - CONTINUED Mayor Noland said that the new zoning does not allow crematories. Mr. Maurodis said that tonight, they decide whether to apply the entire package of zoning issues to this property, but he is still allowed to testify. Vice Mayor Ganz asked Mr. Trent if he agrees that the zoning category that has been created which excludes crematories should be applied to this area. Mr. Trent replied yes. Mr. Maurodis stated that decision was made in the creation of the category. Mr. Trent indicated that he just wanted to make sure we made it. Mr. Renzulli asked why he feels that way. Mr. Trent presented handouts to the Commission regarding crematories. He outlined his professional resume, to include being President of Liberty Court Independence Bay. He outlined why crematories should not be allowed, to include: a decrease in property value, increased exposure to mercury, concentration of methal mercury, and others. He said he is opposed to crematories being in a residential area as we do not need the poison they bring to the residents of Deerfield Beach. He thanked the Commission for keeping Deerfield Beach a healthy environment. Mr. Renzulli agreed with him regarding keeping a clean environment as it is about life safety and health. He asked if he realized that when he bought his home that it was near a landfill and incinerator. Mr. Trent replied yes. Mr. Renzulli asked if Mr. Trent purchased a home next to a dump that is incinerating constantly. He further asked is he is aware of what Waste Management is incinerating. Mr. Trent replied no. Mr. Renzulli asked when the report was done. Mr. Trent replied Mr. Renzulli said that he has at some extensive investigation. He has also met with manufacturers of crematory equipment and between OSHA and life safety/environmental issues that are known today, all the new manufacturers have assured him that mercury is from the old equipment, not from today s equipment. He asked if Mr. Trent is aware of the new equipment. Mr. Trent replied yes; water scrubbing devices are also available. 19

20 PUBLIC HEARING - 2ND READING - CONTINUED Mr. Renzulli asked if Mr. Trent is aware of all the new equipment in the chambers that things have to go through today, through EPA and all the State approval, as well as intimate with the existing and new equipment that is coming out. Mr. Trent replied no. Commissioner Miller clarified that the EPA does not regulate this at all. Mr. Trent replied no, it does not; it never did. Commissioner Miller said that OSHA did. Mr. Trent replied OSHA did, but not the EPA. Commissioner Miller said that Mr. Trent s information is from 2009 and the landowner states that there is more recent information. To make a judgment, he said that he would like the latest information. Vice Mayor Ganz said that it is his understanding that this has all been determined with the zoning. The question at hand is determining whether or not, what has been established as a zoning category, which has been voted and agreed upon, which this area has already been corrected. Whether or not we apply that to the entire area. This is not to revisit what is going in the zoning category, but to establish whether or not we are placing that area under this new zoning category. He asked Mr. Maurodis if his statement was accurate. Mr. Maurodis replied yes. The question is whether to place the category on this area or not. Mayor Noland replied yes. Commissioner Preston said that Mr. Trent spoke about the mercury pollutants and asked if he is aware that there are already crematories in the City of Deerfield Beach. Mr. Trent replied yes. Commissioner Preston said that for the other crematories that were already established, does he have any information as to how far those pollutants travel beyond their initiation cycle. Mr. Trent replied that the greater portion flies about 4.7 miles from the crematory; more than 51%. Commissioner Preston said that there is a possibility from where they sit now; they could be affecting residential neighborhoods. Again, Commissioner Preston asked if they travel 4.7 miles, there is a possibility that residents can be affected now. 20

21 PUBLIC HEARING - 2ND READING - CONTINUED Mr. Trent further stated some are from China too. He explained that the greater majority travels 4.7 miles, 51%; the other 49% flow greater than 4.7 miles. Commissioner Preston asked if it bothers Mr. Trent when he passes the dump on Powerline Road, and if he feels that there are health concerns with that. Mr. Trent replied that there has to be. He said that he tries to pick the best environment that he can and create his own space within that environment. Commissioner Preston said that if you look at a business, where there are strict regulations, something that had to be adhered to, versus an open mountainous dump, with wind blowing in all directions, does that propose the same risk as does a business that has regulations. Mr. Trent replied that regulated businesses are always better performers. Commissioner Preston asked if he has a problem with the dump. Mr. Trent replied he does not presently, but did five (5) years ago. Mayor Noland asked Mr. Maurodis to explain what we are doing here because the questions that are being asked are not proper. Mr. Maurodis explained that there were a number of hearings to create a zoning category; an I-2 zoning category that indicated a group of permitted uses. Those permitted uses were largely the same as the M-3 and M-4. Now we are talking about one of the uses that were dropped from the permitted uses. The decision as to what uses should be in and out of the zoning categories were finalized two (2) meetings ago with the adoption of a text amendment which created the I-2 zoning category. He said that tonight, the Commission is deciding on whether to place a designation of I-2, as already created by this Commission, on this particular property. He reiterated that is I-2 with all the uses that are permitted and prohibited; those cannot be changed. He reiterated that the only question is whether to apply that zoning category to this property. Vice Mayor Ganz said that if the City has the ability to make a change, knowing that there are certain existing conditions that the City has no ability to change and has no control of, but has the ability and power to make a change to create a zoning area in an atmosphere, within its City, that is compatible for both industrial and residential uses with thought towards the health and welfare of all parties concerned, do you think the City should exercise that right. Mr. Trent replied absolutely. State Representative Clarke-Reed stated that this area is now in her district; with the new maps that have been drawn for the House of Representatives; which now goes to 21