PALM BEACH COUNTY, Fla. — WPTV is listening to concerns about what could come next following a lot of controversy surrounding a proposed Islamic center, school and daycare in Palm Beach County's Agricultural Reserve near Delray Beach.
Now, WPTV's Joel Lopez is getting answers from Palm Beach County Commissioner Maria Sachs, who is asking county staff to review how some projects, including places of worship, receive approval, a move that could affect how similar projects are handled in the future.
WATCH BELOW: Islamic Center controversy prompts county review of approval process
The proposed development near Lyons Road in Delray Beach has sparked public debate for months, with residents raising concerns about the project and whether projects of that nature should receive additional public scrutiny.
During a recent county commission meeting, Sachs asked county staff to review portions of the county's land development code involving government facilities and places of worship.
"I would like board direction to staff to research and prepare a presentation on government services and places of worship uses with draft revisions to the ULDC to require their approval as a Class A conditional use approval before the BCC," Sachs said.
Later in the discussion, Sachs explained why she wants staff to take another look at the current process.
"For many years, any government facilities or places of worship were able to get approval through DRO, which is an administrative approval through the zoning staff, and never came before the board for a hearing," Sachs said.
Sachs stressed she is not proposing an immediate change to county rules, but to begin the first steps in the process.
"I'm asking the staff to review that and bring it back to us for a presentation and our consensus on it and what we think about it," Sachs said.
The discussion comes as residents continue to question how the proposed Islamic center moved through the approval process.
"The issue is whether or not we are going to bring all classifications back to the board as opposed to singling out places of worship," said County attorney David Ottey.
Lopez has been digging into this project and learned that the school and daycare portion of the project went before county commissioners in 2023. Sachs, then-Commissioner Sara Baxter and former Commissioner Michael Barnett voted against the proposal, but it was ultimately approved in a 4-3 vote.
Commissioners Maria Marino, Marci Woodward, Gregg Weiss and then-Commissioner Mack Bernard voted in favor, allowing the project to move forward.
The proposed mosque on an adjacent parcel, however, did not come before county commissioners because places of worship can currently be approved administratively by county staff.
That process was the focus of several public comments during Tuesday's meeting.
One resident urged county commissioners to revisit the issue.
"Please consider the vote that was made in 2023," said Pamela Higer-Polani, an attorney who lives in the Ag Reserve. "There is precedent that if this body, this esteemed body, reevaluates its decision, you have it within your power to open up the vote again. We are asking you to do so and reconsider."
Another resident questioned whether the project has already obtained legal protections that could make changes difficult.
"My question is whether those approvals have become legally vested and immune from subsequent action from this commission," the resident said.
The resident also asked county officials to answer several legal questions publicly, including if the projects will grandfather development rights, and if construction has not commenced and vested rights have not been established, could a moratorium or new Agricultural Reserve development restrictions adopted by the commission legally apply to this project.
WPTV got answers from Sachs, who told WPTV that any changes to the approval process would not affect projects that have already received county approval.
"If we are able to get these amendments passed, do you think that's going to change the projects going forward?" asked Lopez.
"It won't change any project that's already been approved," answered Sachs.
Sachs said changing the status of previously approved projects would likely require legal action. She also said she is considering a moratorium on new applications, and those in the works while county staff reviews the current process and prepares recommendations for commissioners.
"My message is very clear: I hear your voices, I know that you're upset, and I understand that, and actually I agree," Sachs said. "This has been an issue, and this is something we need to clear up."
Not everyone speaking during public comment opposed the project.
Rabbi Steve Moss urged county leaders and residents to support religious freedom regardless of faith.
"As faith leaders and citizens of Delray Beach, we value living in a pluralistic, respectful democracy where faith communities can live side-by-side in peace," Moss said.
Moss also defended the ability of religious groups to build facilities in the community.
"We join communities throughout our country in standing together and defending every faith community's right to build houses of worship and community centers," Moss said.
Questions were also raised by commissioners about the legal implications of changing approval standards for houses of worship.
Commissioner Maria Marino asked county attorneys whether federal protections could limit what the county can do.
"Before we go this route, I would like clarification on what we can and can't do when it comes to a religious use or a place of worship," Marino said.
County attorneys told commissioners they would return with research and legal analysis, including any federal and state legal considerations.
For now, no code changes have been approved, and no action has been taken against previously approved projects. County staff is expected to review the issue and bring findings and recommendations back to commissioners for future discussion.
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