Planning and Zoning Commission Meeting (2025-08-12)

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TOWN OF JUPITER G AND ZONING COMMISSION FINAL MINUTES august 12, 2025 7:00 P.M.

CALL TO ORDER:

Chair Kevin Kirn called the meeting to order at 7:00p.m.

ATTENDANCE:

Chair Kevin Kirn, Vice Chair Beth Kelso, Comm. Michael Cassatly, Comm. Robert Grabowski, Comm. Marty Rogol, Comm. Karen Vinson and, Comm. Paul Keenan 1 $ ^{st} $ Alternate (voting member); John Sickler, Director of Planning & Zoning; Garret Watson, Principal Planner; Thatcher Hart, Senior Planner; Jenna Johnston, Planner; Brett Lashley, Esq., Acting Town Attorney; Vernisa Ayers, Secretary and Rodrekia Brown, Secretary.

Chair Kirn welcomed the newly appointed Commissioners Robert Grabowski and Marty Rogol to the Planning and Zoning Commission.

CITIZEN COMMENTS: None

MINUTES:

1. Motion to approve the minutes from June 10,2025 Planning and Zoning Meeting by Vice Chair Kelso; seconded by Comm. Cassatly. Final: Motion passed unanimously, with a 7-0 vote.

SWEARING IN:

Secretary Vernisa Ayers conducted the swearing-in of witnesses for all quasi-judicial items on the agenda.

REGULAR AGENDA:

A. OLD BUSINESS: None

Disclosures: Commissioners Keenan and Rogol did not have disclosures. Chair Kirn also drove by the site and spoke with staff. Comm. Cassatly drove by the site and walked the property. Vice Chair Kelso and Comm. Vinson both drove by the site. Comm. Grabowski drove-by the site and eats at one of the restaurants at that location on a regular basis.

B. NEW BUSINESS:

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PLANNING & ZONING COMMISSION - Page 2 August 12, 2025

Staff presentation: Senior Planner, Thatcher Hart, reviewed the staff report.

Commissioners asked questions of the Applicant and Staff: Comm. Keenan inquired about the outdoor seating on site and if there were any intentions of expanding beyond the current levels. Ms. O'Mahoney confirmed the seating has remained the same and there are no plans for additional seating. Comm. Keenan then asked if the medical use on site is existing or proposed, and whether the original professional use has changed. Ms. O'Mahoney responded that the medical use currently exists and the request is to bring it into compliance. She acknowledged limited familiarity with the full history but noted the space had generally been used for office purposes. Comm. Keenan also questioned the gap between the original 2022 application and the current 2025 review. Mr. Watson explained that the Town has taken a cooperative approach to compliance and over the past three years, the applicant has met with staff to explore other redevelopment options. The current request is to bring existing conditions into compliance, as the applicant ultimately decided to move forward with what is already in place. Comm. Keenan asked if the shared parking agreement is currently in place. Mr. Watson replied that it is not; this

Comm. Vinson raised concerns about plastic chairs and other items stored visibly in front of the building facing Indiantown Road. Ms. O'Mahoney acknowledged the concern and said there is no intent for outdoor storage in that area and she will follow up.

Comm. Cassatly raised concerns about site lighting at night, uneven pavers affecting chair stability and the volume of background music. He noted music was playing during a daytime visit, even when the restaurant appeared closed and questioned whether a volume limit exists. Mr. Watson explained that the site is subject to the Town's sound ordinance, and enforcement would occur only if a complaint is filed.

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if no response, but this doesn't prevent unapproved work. Comm. Kelso emphasized the need for a formal compliance process to prevent situations where applicants proceed without approval and simply seek forgiveness afterward. Comm. Kelso also pointed out a discrepancy in the staff report stating landscaping is compliant, while the applicant's statement says they're bringing it into compliance. She asked if a current landscape plan is included. Mr. Watson confirmed that a plan was submitted and some work has been done, but staff will verify that everything is still compliant. Comm. Kelso suggested adding a condition to ensure landscaping matches the plan.

Comm. Grabowski asked how a monthly monitoring and maintenance plan would ensure lighting is properly maintained, noting he observed three bulbs out earlier that day. Mr. Watson explained that the condition provides an enforcement mechanism not currently available in the code and this condition would establish a measurable standard for enforcement.

Public Comment: None.

Deliberation by Commission:

Comm. Vinson raised additional concerns about lighting, questioning how string light maintenance would be enforced and whether their removal could create safety issues for outdoor dining. Mr. Watson clarified the condition applies only to decorative string lights, not the required lighting under the Town's photometric code, and noted a compliance check could be requested. Comm. Vinson also expressed concern about the visibility of stacked chairs facing Indiantown Road and suggested adding a condition for their removal or proper screening. Mr. Sickler confirmed outdoor storage is not permitted, unless appropriately screened and would require a submitted plan. Comm. Vinson questioned whether the adjacent pizza restaurant has an outdoor dining permit, noting its seating area blocks the paver walkway. Mr. Watson explained that the area was approved administratively for only 10% of the square footage. Comm. Vinson expressed concern that it appears fully enclosed with no clear pedestrian access. Mr. Sickler stated that if there are compliance concerns, the Commission can delay action pending review, and applications with known violations are typically not processed. Mr. Sickler stated that the Town Council review will be postponed to allow staff sufficient time to address the outstanding issues prior to the public hearing

Comm. Keenan expressed concern about the lack of consequences for non-compliance, noting that without enforcement, delays-whether now or in December-may not prompt action. He emphasized the issue have persisted for three years and questioned the effectiveness of continued extensions. Mr. Sickler responded that if the applicant fails to comply,the matter would be referred to Code Compliance under the Police Department for enforcement and potential hearing.

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Mr. Lashley clarified that if there are existing code violations, enforcement is the responsibility of Code Compliance—not Town Council. He emphasized that the Commission's concerns should be noted and forwarded as part of the recommendation to Town Council. Mr. Lashley added that many of the new conditions discussed relate to code enforcement, which can proceed independently of this application. He advised that the Commission's role is to make a recommendation, and Town Council retains the authority to approve, deny, or require compliance before moving forward. He also noted staff can withhold future applications, if code violations remain unresolved. Chair Kirn called for a motion.

Motion:

Vice Chair Kelso moved to recommend approval of the requested Site Plan amendment application, subject to the conditions outlined by staff and light bulb replacement within 10 days of monthly inspection; landscaping brought into compliance; a photometric study to verify lighting compliance; removal or proper screening of outdoor chair storage; and, for staff to follow up on overall building compliance, including unrelated outdoor dining areas; seconded by Comm. Grabowski. Final: Motion passed, with a 5-2 vote with commissioners Vinson and Cassatly dissenting.

3. PAM Health Rehabilitation Hospital-

- Amendment to the Abacoa Workplace (WP) and Workplace Limited (WPL) Subdistrict Master Site Plan to redefine the blocks west of Corporate Way between University Boulevard and Pioneer Road on 100.2 acres;

- Individual site plan and special exception application to allow a 21,186 square foot expansion to the current specialty hospital and to increase the acreage 1.84 acres to a 6.84 $ \\pm $ acre property located at 5075 Innovation Way. (PZ 25-6379, 6380, 6392)

Disclosure of Voting Conflict: Comm. Vinson recused herself due to her employment with Jupiter Medical Center, which is affiliated with the applicant. She submitted Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers (attached). She took a seat in the audience during this item.

Commissioners asked questions of the Applicant and Staff:

Staff presentation: Planner, Jenna Johnston, reviewed the staff report.

Comm. Grabowski asked whether the applicant would be updating the parking analysis based on the Town Engineer's recommendations. Mr. Ciciera responded that the condition of approval includes ongoing monitoring of parking demand, and the applicant is committed to making adjustments if required by staff. Comm. Grabowski also inquired about stormwater management conditions. Ms. Johnston confirmed that the Director of Utilities is satisfied with including those conditions as part of the approval. Comm. Grabowski further asked why the location of the public square was being moved. Mr. Watson explained that the square's location had shifted due to changes in the block structure and roadway network related to the hospital expansion. The final location will be determined with future planning, but the block must include a public square to meet code requirements. Lastly, Comm. Grabowski asked about the potential for further expansion, noting that the current proposal adds 50 new jobs and hospital beds. Mr. Ciciera confirmed that they have no current plans for additional expansion but would return through the formal process if needed in the future.