Staff Recommendation

PALM BEACH COUNTY

STATUS REPORT CR 1999-0841B1 (For Zoning Petition 1999-084)

Staff recommends the approval of a two-year time extension to commence development, from April 27 , 2004, to April 27, 2006. This recommendation is based on the following:

1. The development order is consistent with the Palm Beach County Comprehensive Plan and with the Unified Land Development Code.

2. The project complies with the Countywide Traffic Performance Standards. 3. The property owner has complied with all time certain conditions of approval.

Development Approval and Condition Being Reviewed: Zoning Petition 1999-084 was approved by the adoption of Resolution R-2000-0581 on April 27 ,2000. The resolution approved a Class A Conditional Use to allow a church in the Agricultural Residential zoning district. The zoning action is now being reviewed pursuant to Article 2.E., "Monitoring," ofthe Palm Beach County Unified Land Development Code for failure to commence development and to comply with the following condition of approval:

B.l. All abandoned, dilapidated, unsafe, structures, including the existing trailer on the subject property, as indicated on survey dated November 17, 1999, shall be removed prior to January 1, 2003. (DATE: MONITORING - Bldg)

Property Description: The property is approximately 4.87 acres and is on the north side of Okeechobee Boulevard, approximately 900 feet east of "E" Road.

Property Owner: Apostolic International Ministries Inc.

Required Action: Article 2.E. requires that the Board of County Commissioners take one or more ofthe following actions: 1) grant a time extension of up to two years; 2) rezone the property andlorrevoke the special exception/conditional use; 3) impose entitlement density/intensity; 4) add or modify conditions of approval, 5) permit the property owner to file a petition to add or modify conditions of approval; 6) direct staff to cite the property owner for Code violation; andlor 7) deny or revoke a building permit, issue a stop work order, deny a Certificate of Occupancy, revoke any concurrency, deny or revoke any permit or approval.

REVIEW FACTORS

Consistency with Land Use Plan and Unified Land Development Code

The Land Use Plan category for the property is Rural Residential 5 . The current approval is consistent with the land use designation ofthe Palm Beach County Comprehensive Plan. A site plan was certified on February 15, 2001, prior to the effective date of the latest amendment to the Palm Beach County Unified Land Development Code (ULDC).

Performance Standards

This project meets the Countywide Traffic Performance Standards as an insignificant project.

Supplemental

The deadline for compliance with Condition Number B.l. was originally January 1,2003. A one-year time

extension expired on January 1,2004.

This status report was originally prepared for failure to comply with condition B.I., and the public hearing was postponed in February and March. The deadline to commence development was April 27 ,2004. Development has not commenced. The last postponement was to allow additional time for the property owner to remove the trailer (comply with condition number B.I.). In addition, it allowed the status report to be amended to include not only the failure to comply with the condition, but also the failure to commence development.

The property owner has removed the trailer, and staffhas been told that a construction company is finalizing construction plans. In addition, the property owner has complied with condition number E.2 which required the conveyance of right-of-way for Okeechobee Boulevard.

February 2004

3Jesus (@ur §auinr QtlJurtlJ APOSTOLIC INT'L MINISTRIES, INC. Celebration Place For All The People Non Profit Organization (501) (C) (3) 1-+-1~

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13771 Okeechobee Blvd. • Loxahatchee, FL 33470 • (561) 792-9322 • Fax: ~ R2S

March 23, 2004

BOARD OF COUNTY COMMISSIONERS ZONING COMMISSION Depart. Of Planning, Zoning, & Building 100 Australian Ave. West Palm Beach FL 33406

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RE: Petition Number: 1999-084 Jesus Our Savior Church

DEAR COUNTY COMMISSIONERS AND OFFICERS OF ZONING COMMISSION:

JESUS OUR SAVIOR CHURCH is the soul of Apostolic International Ministries Inc - a non-profit organization - established to enhance individual preservation of all persons before they become morally depressed, socially neglected, and spiritually deserted citizens. (Mission Statement)

We started with the simplicity of Jesus. We continue with the compassion of Jesus. And, now we have encountered some difficulties with the petition we filed sometime ago to build a new facility called Jesus Our Savior Church

Since 1997 we have been using the existing facilities in the spirit and footsteps of the Lord as we wanted to start our mission of bringing various populations together with.the simplicity and compassion of Jesus. We have families of Christian Catholic Faith, Protestant Faith, Jewish Faith, Muslim Faith, Hindu Faith and Other Faiths. We are truly an International Church.

Then, we applied for rezoning and related formalities to start building a modem facility. It looked like a never-ending process mostly due.to Ahrens Companies' fault.as we,see it now. If you see the records, many a times, they just misled us.

Some families of our envisioned Church had to move to Connecticut when Pratt Whitney closed their units. '

Then all ofa sudden, we started seeing a mountain of horse waste (stockpiling of horse waste) parallel to our property. The horrible smell and storms ofilles of different shapes and sizes as a result of the stockpiling kept many of our regular and new families and their children away. We used to have after school programs ran by some volunteers. We have individual and family counseling programs to help families who cannot afford other programs because of their financial difficulties. The horrible smell coming out of the stockpiling of horse waste by the neighbor created more financial difficulties to us.

We have notified Health Department and other governmental agencies about the environmental contamination by the stockpiling of animals' waste. During the various activities at the Fairgrounds in the Southern Blvd, it's our understanding, our neighbor is contracted to haul in the elephants' and other animals' waste and stockpile it at the present location parallel to our church property. Whenever there is heavy rain, we see the effects of contamination in water. We want to see when the County is going to ask the individual to repair the damage !£ the environment. Our distinguished Commissioner Masillotti is aware of this situation. And there is no doubt in our mind Commissioner Masillotti is doing everything to resolve this situation for the sake of all the surrounding residents and for the healthy environment. To rush to build a Church next to the stockpiling of animals' waste is a nightmare.

Through our existing facilities, we are bringing peace and understanding to many families. We are helping ~ur families to build their families based upon compassion, understanding and a strong faith in themselves and in the Lord.

We greatly admire the encouragement and the empowerment President Bush and his government, and Governor Bush have given for faith based organizations to build family values.

When Palm Beach County can offer millions of dollars to big companies such as Scripps to attract them - which may be a wonderful thing - we feel the County Commissioners can offer the struggling non profit organizations and churches such as ours just an understanding of our present difficulties and to help us to build family values and stronger family ties which are so much needed in our times and times to come.

Linda Monroe, employee of Zoning Division, is not of much help and understanding. Through her intimidation, a notice "post" was pasted to the walls of our present activity facility by the Code enforcement division with an ultimatum to remove the sign "Jesus Our Savior Church." The sign "flea market" some church fund raising volunteers had put was already removed after Linda Monroe told llS.....she had objection to it.

Jesus Our Savior Ch:':l!:-ch sign and the lighted Cross .~ been there since 1997. One day early in the morning, one individual approached me and said "Father, the Cross saved me last night. I had a big fight with my wife. I wanted to blow her brains out. As I was

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driving like a mad dog on Okeechobee, I saw the lighted Cross, and all of a sudden I pulled over and I started crying. At that moment, God told me what I was about to do was evil. I need counseling. Thank you father, for putting that cross for me!" This individual is a wonderful family man now!"

So far we have been using what is available to our Ministry Organization and have helped many families and individuals. Their names are in our files. Certain process­programs like counseling in chemical dependency, individual and family counseling, marriage counseling, do not need fancy offices.

The conveyance of a down-to-earth attitude, dignified respect for the individual (s) and the elevation of the individual to God who gives us the freedom does not need fancy buildings. In our humble opinion, individuals like Linda Monroe of the Zoning Division are simply incapable of understanding the whole picture. To take a particular condition and circle around it and to waste needy families' money is not helping us to build family values. The improvements we see in our existing facilities are results of the Community Service Hour Programs mandated by the Courts as our agency is part of various Court Systems. All the individuals who came to do Community Service Hours gave more than their Court mandated hours. Practically, every one of them told us they did not see their hours as a punishment but as their offerings to God's service. Their change of attitude is because we make them feel good about themselves. We respect them. Some ofthem are part of our ongoing counseling process.

When we applied, we honestly understood the condition constantly mentioned in the resolution is being part of the whole picture, to wit, when we start building the new Church the existing trailer is to be cleared for the parking lot. Because of our financial situation, we were not able to start building and that's why we did not clear the trailer.

We also conveyed this message to the individuals who presently are living in the trailer and help us to take care of the property: Their living in the trailer has practically eliminated all the robberies that some criminals used to commit. When the trailer was empty some criminals even stole our plants and water hoses! They all are aware of the fact that the day we start building the new facility they will have to find another place to live. Now, without being sure of the time frame of the Church building to throw these hard working people out is simply unchristian, godless and, does not fit within the American generosity.

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In consideration of all the circumstances affecting the mediate undertaking of the construction of the New Church, we request our County Commi~sionersand Officers of Zoning Commission to kindly extend our peti~n for two more years and to allow us to make necessary changes including the trailer to our original petition and to kindly save us from further nightmares. We also request to put an end to the stockpiling of the arumals' waste parallel to the Church property.

We thank County Commissioner Tony Masillotti who has shown a great deal of understanding as we tried to explain to him the various circumstances surrounding our difficulties and delay. Presently, CATALFUMO CONSTRUCTION COMPANY is our choice to build the New Church and within next few days we shall be able to apply for the building permit as God is giving us a generous benefactor to go ahead with the construction plans.

S~erely, t=fd&..~

Rev. Fr. Diogo Fernandes, Pastor and Ex-Chaplain in the United States A ir Force. On behalf of THE MEMBERS OF JESUS OUR SA VIOR CHURCH.

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Petition CA99-084 Project No. 3000-048

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Petition CA99-084 Project No. 3000-048 Drawn - January 12, 2004

FUTURE LAND USE