[2. 200 Hibiscus Street Lounge (Quasi-Judicial) - Special exception use and site plan amendment applications to request a lounge/bar use in an existing 960 square foot retail unit on a 0.67± acre property located at 200 Hibiscus Street. (PZ#25-6651 & 6652)]

FIRST ITEM ON THE AGENDA IS THE 200 HIBISCUS STREET LOUNGE SPECIAL EXCEPTION USE AND SITE PLAN AMENDMENT APPLICATIONS. THIS IS QUASI-JUDICIAL. ARE THERE ANY EX PARTE DISCLOSURES, STARTING WITH COMMISSIONER BLUM? NONE.

COMMISSIONER GRABOWSKI. I WALK THE SITE. COMMISSIONER KELSO. I WALK THE SITE AS WELL. AND I WALK THE SITE AND I SPOKE WITH TOWN STAFF. COMMISSIONER VINSON. COMMISSIONER ROGEL.

COMMISSIONER KEENAN. THANK YOU.

I'D LIKE TO INVITE THE APPLICANT TO GIVE THEIR PRESENTATION.

GOOD EVENING, CHAIR, VICE CHAIR, PLANNING AND ZONING COMMISSION. FOR THE RECORD, BRETT LEONE, I HAVE BEEN SWORN IN HERE TONIGHT TO PRESENT TO YOU ALL. 200 IVO 6TH STREET. WE ARE ASKING FOR A SPECIAL EXCEPTION USE FOR A 960-SQUARE-FOOT LOUNGE. I HAVE A BRIEF PRESENTATION. I JUST WANT TO ALSO INTRODUCE THE OWNER OF THE SITE, JEFF WEINSTEIN, AND HIS SONS, MILES AND WYATT, WHO ARE HERE TO LEARN THE PROCESS AND SEE HOW THIS GOES. ALL RIGHT, SO, AS I MENTIONED, WE'RE HERE TO REQUEST A SPECIAL EXCEPTION USE. THE REASON FOR THIS REQUEST IS THIS PROPERTY IS LOCATED WITHIN THE INDIANTOWN OVERLAY ZONE, WITHIN THE PINE GARDENS DISTRICT, AND THE LOUNGE, TAVERN, OR RESTAURANT USE, AS YOU CAN SEE HIGHLIGHTED IN RED, IS A SPECIAL EXCEPTION. THE SITE IS LOCATED SOUTHWEST CORNER OF HIBISCUS AND ORANGE STREET. IT IS ACCESSED VIA BOTH ORANGE AND HIBISCUS STREET.

THERE ARE NO PROPOSED MODIFICATIONS.

WITH THIS PETITION, WE DO HAVE AN ADMINISTRATIVE SITE PLAN AMENDMENT WITH STAFF TO DO SOME RESTRIPING WITHIN THE SITE AND SOME UPGRADES AS WELL. THE SITE IS CURRENTLY ZONED COMMERCIAL, AND AS I MENTIONED EARLIER, IT'S WITHIN THE PINE GARDEN SUB-DISTRICT OF THE INDIAN TOWN OVERLAY ZONE, AND IT ALSO HAS A FUTURE LAND USE OF COMMERCIAL. THE SITE OVERALL IS ABOUT .66. ACRES. THE EXISTING USE ON THERE IS RETAIL. AGAIN, WE'RE PROPOSING A LOUNGE, WHICH IS A SPECIAL EXCEPTION USE.

THERE ARE 54 PARKING SPACES ON SITE, AND WITH THIS PROPOSED USE AT THE PARKING RATE OF 1 PER 85 SQUARE FEET FOR A RESTAURANT OR LOUNGE, WE DO MEET THE CURRENT PARKING.

SO TO GET A LITTLE MORE SPECIFIC ON THE LOUNGE USE, WHAT'S BEING PROPOSED IS A LISTENING ROOM, WHICH IS A VERY INTIMATE STYLE OF LOUNGE WITH ACOUSTICALLY CONTROLLED MUSIC. SEATING IS BASED OFF RESERVATION ONLY, WITH CURATED COCKTAILS BEING SERVED. THEY WILL BE GETTING A 4COP LICENSE FOR THAT. AND JUST

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SOME REGULAR SCOOP TYPE BAR SNACKS AS WELL. WE DO MEET ALL OF THE SPECIAL... EXCEPTION CRITERIA IS OUTLINED IN SECTION 27177 OF THE TOWN'S CODE. SOME OF THE IMPROVEMENTS IT'S OUTLINED IN THE NARRATIVE AS WELL.

JEFF, SINCE OWNING THE PROPERTY, HAS TAKEN UPON HIMSELF TO ENHANCE THE LANDSCAPING, ADD SOME FRESH PAINT, RECENTLY PUT ON A NEW METAL ROOF AND REDID THE OFFICE AS WELL. AND UPGRADED THE LED SIGNS. IN ADDITION TO THAT, WHEN JEFF BOUGHT THE PROPERTY IN 2001, HE ALSO GOT WITH THE JUPITER POLICE DEPARTMENT TO GET WITH THEIR TRESPASSING PROGRAM.

THERE WAS A LOT OF VAGRANCY ON THE SITE PRIOR TO HIS PURCHASE, SO WITH ALL OF THESE IMPROVEMENTS, HE'S ALSO GOTTEN WITH TOWN POLICE TO HELP CLEAN UP THE SITE AS WELL. SO, IN CONCLUSION, THE SPECIAL EXCEPTION USE IS CONSISTENT WITH THE TOWN CODE AND ALL THE CRITERIA. IT WILL NOT NEGATIVELY IMPACT ANY ADJACENT PARCELS. IT DOES ADD TO THE VIBRANCY OF THE AREA AND TO THE PLAZA WITH A MIXTURE OF USES. AND AGAIN, THE IMPROVEMENTS, AS I JUST PREVIOUSLY MENTIONED.

SO WITH THAT, WE WOULD LIKE TO REQUEST YOUR RECOMMENDATION OF APPROVAL. AND ON CLOSING, THE LIST OF CONDITIONS OF APPROVAL THAT WERE INCLUDED IN THE PACKET, WE ARE IN TOTAL AGREEMENT WITH. THANK YOU. THANK YOU, TOWN STAFF.

GOOD EVENING, COMMISSIONERS.

FOR THE RECORD, JOSEPH DRE WITH PLANNING AND ZONING. AS THE APPLICANT HAS STATED, THEY ARE REQUESTING TO ALLOW A LOUNGE USE IN AN EXISTING RETAIL UNIT ON THE SUBJECT. PROPERTY, AND STAFF HAS REVIEWED THE APPLICANT'S REQUEST, AND AS DETAILED IN THE STAFF REPORT, FINDS THE PROPOSED LOUNGE USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND WILL BE COMPLIANT WITH TOWN CODE.

SUBJECT TO THE CONDITIONS IN EXHIBIT 1. SO, THE SUBJECT? PROPERTY IS LOCATED IN THE PINE GARDENS DISTRICT OF THE INDIAN TOWN ROAD OVERLAY ZONING DISTRICT, AND A LOUNGE USE IS A SPECIAL EXCEPTION IN THIS DISTRICT. AND SPECIAL EXCEPTIONS MUST BE APPROVED BY TOWN COUNCIL, WHICH IS WHY YOU ARE BEING ASKED TO PROVIDE A RECOMMENDATION THIS EVENING.

SO, SPECIAL EXCEPTION USE REQUESTS ARE EVALUATED AGAINST TWO CRITERIA DETAILED IN THE TOWN CODE, AND UPON REVIEW OF THE REQUEST, STAFF FINDS THAT THE APPLICANT MUST SATISFY CRITERIA RELATED TO PARKING. AND THE HOURS OF OPERATION FOR THE PROPOSED LOUNGE USE.

SO REGARDING PARKING, AS YOU CAN SEE ON TABLE 4 OF THE STAFF REPORT, THE ENTIRE SITE, INCLUDING THE PROPOSED LOUNGE USE, REQUIRES A MINIMUM OF 54 PARKING SPACES, INCLUDING THREE ADA SPACES. 54 SPACES ARE SHOWN ON THE SITE PLAN. HOWEVER, THE ACTUAL LOT HAS NOT BEEN MAINTAINED, AND SO THE STRIPING HAS BECOME FADED, RESULTING IN THE LOSS OF TWO PARKING SPACES. ONE OF WHICH BEING ONE OF THE REQUIRED ADA SPACES.

TO ENSURE CONFORMANCE WITH THE SITE PLAN AND WITH THE TOWN'S PARKING REGULATIONS, STAFF HAS INCLUDED A CONDITION TO REHABILITATE AND OTHERWISE MODIFY THE PARKING LOT AREA.

TO PROVIDE THE MINIMUM 54 REQUIRED SPACES, INCLUDING THE THREE REQUIRED ADA SPACES.

ADDITIONALLY, A CONDITION HAS BEEN INCLUDED TO ADD A NOTE ON THE SITE PLAN TO INCLUDE SIGNAGE OR TO PREVENT THE INCLUSION OF SIGNAGE. WHICH WOULD PROHIBIT THE PUBLIC FROM NOT BEING ABLE TO USE THE FOUR ON-STREET PARKING SPACES ON THE NORTH SIDE OF THE PROPERTY ALONG HIBISCUS STREET. NOW, REGARDING THE HOURS OF OPERATION, THE SPECIAL EXCEPTION CRITERIA AND THE TOWN CODE REQUIRE THE PROPOSED USE TO BE IN CONFORMANCE. OR, EXCUSE ME, COMPATIBLE WITH SURROUNDING PROPERTIES WITH RESPECT TO ITS HOURS OF OPERATION. AND SO THE SUBJECT PROPERTY IS ADJACENT TO RESIDENTIAL PROPERTIES IN THE NORTH. AND IT SHOULD BE NOTED THAT IN 2014, TOWN COUNCIL APPROVED A RESTAURANT SPECIAL EXCEPTION USE ON THIS PROPERTY. AND IN THAT APPROVAL, THERE WAS A CONDITION TO LIMIT THE HOURS OF OPERATION TO THOSE BEING PROPOSED BY THE APPLICANT. AND SO WITH THIS APPLICATION, TO ENSURE THE SPECIAL EXCEPTION CRITERIA ARE MET, STAFF HAS INCLUDED A SIMILAR CONDITION.

TO LIMIT THE HOURS OF OPERATION FOR THE PROPOSED LOUNGE USE TO WHAT THE APPLICANT HAS PROPOSED, WHICH HAS BEEN FROM 5 P.M. TO 1 A.M. MONDAY THROUGH THURSDAY AND 5 P.M.

TO 2 A.M. FRIDAY THROUGH SUNDAY. AND DUE TO THE SMALL SIZE OF THE UNIT AND THE LACK OF OUTDOOR SEATING WITH THIS APPLICATION, THE LOUNGE USE IS NOT ANTICIPATED TO HAVE A SIGNIFICANT IMPACT WITH THESE HOURS OF OPERATION. HOWEVER, IF THE COMMISSION FEELS THAT

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MODIFICATION TO THESE HOURS OF OPERATION IS NECESSARY, THEN YOU HAVE THE OPPORTUNITY TO MAKE SUCH A RECOMMENDATION.

AND SO REALLY, THIS CONDITION IS RE-EN- REASSURANCE OF THAT. SO, TO CONCLUDE, STAFF FINDS THAT THE PROPOSED LOUNGE USE IS CONSISTENT WITH THE COMP PLAN AND IT WILL BE CONSISTENT WITH THE TOWN CODE. AND SPECIAL EXCEPTION CRITERIA. SUBJECT TO THE CONDITIONS IN EXHIBIT 1. HOWEVER, AGAIN, IF THE COMMISSION FINDS THAT MODIFICATIONS TO THESE CONDITIONS IS NECESSARY OR ADDITIONAL CONDITIONS ARE NECESSARY, THEN YOU HAVE THE OPPORTUNITY TO MAKE SUCH A RECOMMENDATION THIS EVENING. THANK YOU, AND LET ME KNOW WHAT QUESTIONS I CAN ANSWER. THANK YOU. DOES THE COMMISSION HAVE QUESTIONS FOR THE APPLICANT OR STAFF? I'LL START ON MY LEFT WITH COMMISSIONER KEENAN. NO. THERE YOU GO. DOES THAT WORK? NO.

I'LL DIRECT THIS QUESTION TO STAFF. HAS THE STAFF MADE AN ASSESSMENT AS TO THE COMPATIBILITY OF THE APPLICANT'S PROPOSED BUSINESS WITH THE NEIGHBORHOOD IMMEDIATELY TO THE NORTH? SO, PURSUANT TO SPECIAL EXCEPTION CRITERIA, WE MADE THAT FINDING. THERE'S BEEN A COUPLE DIFFERENT RESTAURANTS ON THIS PROPERTY OVER TIME. ALL RESTAURANTS AND LOUNGES ARE ALL LUMPED TOGETHER INTO ONE USE. THOSE RESTAURANTS WERE SLIGHTLY LARGER. THIS IS A SMALLER SPACE, ABOUT HALF THE SIZE OF THE PREVIOUS RESTAURANTS LOCATED ON THE PROPERTY. BUT YEAH, ACCORDING TO THE SPECIAL EXCEPTION CRITERIA IN THE STAFF REPORT, IT'S CONSISTENT WITH THE CONDITIONS OF APPROVAL. BUT RESTAURANTS TYPICALLY AREN'T DOING MUCH BUSINESS BETWEEN MIDNIGHT AND 1 A.M., ARE THEY? I MEAN, I'M LOOKING AT THE COMPATIBILITY FACTOR HERE. SO THERE'S NO... HOURS OF OPERATION LIMIT SET IN THE CODE FOR ANY TYPE OF USE. EVERY BUSINESS CAN ESTABLISH ITS OWN. THERE IS A LIMITATION THAT YOU'RE NOT ALLOWED TO SELL ALCOHOL IN THE TOWN, I BELIEVE, OUTSIDE OF THE TOWN CENTER AFTER 3 A.M. AND 2 A.M.

INSIDE THE TOWN CENTER. BUT BEYOND THAT, THERE'S NO HOURS RESTRICTIONS.

SO TYPICALLY, TO YOUR POINT, RESTAURANTS DON'T STAY OPEN THAT LATE, BUT THERE IS NO RESTRICTION. A QUESTION FOR THE APPLICANT. HAS THERE BEEN AN ATTEMPT TO... REACH OUT OR CONTACT ANY OF THE IMMEDIATE RESIDENTIAL NEIGHBORS ACROSS THE STREET FROM THIS? AS PART OF THE REQUIREMENTS IS OUTLINED IN THE TOWN CODE, THE SITE HAS BEEN POSTED WITH PUBLIC NOTICE SIGNS IN ACCORDANCE WITH THE TOWN CODE, SO THAT HAS BEEN THE OUTREACH. OKAY, SO JUST THE POSTING? IN ACCORDANCE WITH THE TOWN CODE, YES, SIR.

ANOTHER QUESTION FOR TOWN STAFF. IS THIS CONSISTENT WITH DEVELOPMENT TRENDS IN THIS AREA? FOR THIS PARTICULAR USE? I MEAN, IT'S PRETTY COMMON FOR TENANT SPACES TO TURN OVER. SO ALONG THIS STRIP, IN PARTICULAR, THERE'S A COUPLE DIFFERENT USES, REALLY, ON WHAT YOU MIGHT CALL THE BACK SIDE OF THE IOZ. SO THERE'S CONVENIENCE STORES, THERE'S A SMALL MARKET IN THAT AREA AS WELL. BUT THERE'S ALSO MEDICAL OFFICE, RETAIL OFFICE, SO THERE'S A MIXTURE OF COMMERCIAL USES THAT EXIST ALONG THIS CORRIDOR.

RESTAURANTS ALSO THROUGHOUT THE CORRIDOR. SO IT'S CONSISTENT WITH WHAT WE TYPICALLY SEE ALONG THIS SECTION OF INDIAN TOWN ROAD, MORE SMALLER TYPE TENANT USES, BUT A GOOD MIXTURE. SO JUST FOLLOWING UP WITH THAT, THIS ALSO LEADS UP TOWARDS THE AREA WE CALL THE OLD DIXIE INDUSTRIAL AREA. SO, BEHIND ALE HOUSE, THE INDUSTRIAL AREA.

HEADS NORTH, WHICH IS ALONG OLD DIXIE AND ONE BLOCK NORTH OF THIS. THIS AREA IS ONE OF THE OLDEST AREAS IN TOWN,

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AND THAT'S WHY YOU SEE UNIQUE SITUATIONS. IN ABACOA, FOR EXAMPLE, YOU WOULD CHANGE THE USE AT THE REAR OF THE PROPERTY, NOT AT THE FRONT OF THE PROPERTY. AND THIS PROPERTY WAS BUILT, I BELIEVE IT WAS IN THE 70S, LATE 80S. SO THE LOTS ARE SMALLER, CONSISTENT WITH THE PLATTING THAT WAS DONE IN THAT AREA, AND THAT'S WHY YOU'RE SEEING THESE KINDS OF THINGS, BECAUSE IT WAS TO SERVE THE NEIGHBORHOOD.

OKAY, NO FURTHER QUESTIONS.

THANK YOU. THANKS, COMMISSIONER ROGEL. NO QUESTIONS. COMMISSIONER VINSON. WELL, I HAVE QUESTIONS.

SO MY FIRST QUESTION IS, I DON'T FEEL LIKE HIS WAS ANSWERED. THERE WAS NO INTERACTION WITH ANY OF THE RESIDENTS, EITHER TO THE WEST OR TO THE NORTH.

THE PUBLIC REQUIREMENTS, AS OUTLINED IN THE TOWN CODE, WERE FOLLOWED. I UNDERSTAND PUBLIC REQUIREMENTS. MY ASK IS... WAS THERE ANY COMMUNICATION WITH THE NEIGHBORS? IT WAS NOT ASKED NOR REQUIRED OF US. SO, MY CONCERN IS PUTTING A PLACE LIKE THAT IN A SHOPPING CENTER THAT HAS, LIKE, A COMMUNITY, LOCAL, CULTURAL GROCERY STORE AND RESTAURANT THAT ALL LEANS TOWARDS FAMILY ORIENTED. IT'S LITERALLY RIGHT ACROSS THE STREET FROM SEVERAL... SINGLE-FAMILY RESIDENCE WITH TOWERS FOR CHILDREN TO PLAY IN. AND THE TYPE OF ENVIRONMENT OF WHAT'S BEING BROUGHT INTO WHAT IS SUCH A LOCAL CULTURAL FAMILY AREA AND BRINGING IN A LOUNGE IN THERE. AND IT'S LITERALLY RIGHT NEXT TO FAMILY DWELLINGS, ALSO FOR THE APARTMENTS. SO THAT'S MY CONCERN ABOUT A LACK OF DISCUSSION WITH THE COMMUNITY THAT MAY NOT NECESSARILY UNDERSTAND. SIGN THAT'S POSTED OUT THERE AND WHAT IT MEANS.

DOES THE TOWN HAVE ANYTHING? DID THEY DO ANY NEIGHBORHOOD ASSESSMENTS? WE WORK WITH THE NEIGHBORHOOD, SERVICES WORKS WITH THE NEIGHBORHOOD. THERE HAVEN'T BEEN ANY ISSUES OF LATE. IT'S BEEN, AS MR. LEONE HAD MENTIONED, UM, THERE WAS A PREVIOUS, THIS PROPERTY WAS PREVIOUSLY USED AND APPROVED FOR A RESTAURANT, WHICH HAD MORE ACTIVITY, AND IT WAS A LARGER SPACE, AND WE HADN'T HEARD ANY ISSUES WHEN THAT SPECIAL EXCEPTION WAS APPROVED. SO, AGAIN, THIS IS AN OLDER AREA OF TOWN. THE PROPERTY OWNER HAS PUT A VESTED INTEREST INTO CLEANING IT UP, AND THEY'RE MOVING FORWARD WITH A SPECIAL EXCEPTION.

BECAUSE BARS AND LOUNGES ARE SPECIAL EXCEPTION USE AND MUST BE REVIEWED BASED ON THOSE CRITERIA. IF I MAY ADD, COMMISSIONER VINCENT, JEFF HAD JUST MENTIONED TO ME WHILE HE WAS OUT ON SITE, HE DID SPEAK WITH A NEIGHBOR, AND THEY WERE IN SUPPORT OF IT. THANK YOU.

NO MORE QUESTIONS. THANKS.

COMMISSIONER KELSO. WENT TO...

SEVERAL OF THE TENANTS IN YOUR BUILDING AND I HAVE TO GIVE YOU KUDOS.

TO START WITH. BECAUSE ALL OF THEM WERE VERY HAPPY WITH HOW YOU'RE RUNNING THE FACILITY AND THEY SAID THAT YOU'RE WORKING VERY HARD AT UPGRADING IT. SO THAT'S A GOOD THING TO KNOW THAT THAT'S YOUR MINDSET GOING INTO THIS, EXCUSE ME, MY QUESTION IS ABOUT THE MUSIC. I'M TRYING TO GET AN IDEA BECAUSE YOU'RE SAYING, YOU KNOW, CURATED COCKTAILS AND JUST KIND OF A LISTENING ROOM. SO IS THAT GOING TO BE, SO NO LIVE BANDS, LIVE MUSIC, ANYTHING LIKE THAT? IT'S JUST GOING TO BE JUST KIND OF... IT'S, FRANKLY, ALL VINYL. OKAY. AND SO SOMEONE JUST WALKING IN COULDN'T GO IN. IT HAS TO BE RESERVATION ONLY.

RESERVATION BASED. OKAY. NOW, ONE THING THAT CAN...

CONCERNED ME, YOU KNOW, AS WELL AS BEING RIGHT ACROSS FROM RESIDENTIAL, BECAUSE I ACTUALLY, WHEN I WENT OUT THERE, MY MINDSET WAS THAT PEOPLE WERE GOING TO BE AGAINST IT, BUT LITERALLY, ALL YOUR TENANTS ARE FOR IT.

SO THAT'S A POSITIVE THING. I DIDN'T, WASN'T ABLE TO TALK TO THE RESIDENTS ACROSS THE STREET BECAUSE OF THE WAY THE GATES ARE STRUCTURED. I DIDN'T WANT TO GO INTO PEOPLE'S PRIVATE PROPERTY TO GET TO THEM. BUT I DID TALK TO SEVERAL PEOPLE THAT WERE WALKING BY THAT LIVED IN THE NEIGHBORHOOD AND THEY WERE A HUNDRED PERCENT FOR IT. SO EVERY SINGLE ONE OF THEM, AND I TALKED TO FOUR DIFFERENT PEOPLE. SO, I MEAN, I FOUND THAT A LITTLE SURPRISING MYSELF, BUT THEY SEEM TO LIKE THAT IDEA OF HAVING SOMETHING IN THEIR NEIGHBORHOOD, KIND OF, LIKE, YOU'RE SAYING,

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A NEIGHBORHOOD PLACE TO GO THAT THEY COULD ENJOY.

AND THAT'S THE ONLY THING THAT I THOUGHT OF WHEN YOU SAID CURATED COCKTAILS, IS IT'S GOING TO BE A HIGH-END, VERY EXPENSIVE TYPE OF PLACE, OR IS THIS SOMETHING THAT EVERYONE WOULD BE ABLE TO ENJOY? I THINK BECAUSE IT'S NOT A RESTAURANT PER SE, IT'S NOT HIGH-END PRICE-WISE.

RESTAURANT, FOOD AND SERVERS AND ALL THAT STUFF. BUT IT'S CERTAINLY MORE UPSCALE THAN NOT. AND THE RESIDENT WHO LIVES ON THE, I ALWAYS HAVE TO GET MY BEARINGS RIGHT, THE NORTHEAST CORNER IN THE WHITE HOUSE IS A CHEF AT THE SIMS HOUSE, WHICH IS WHY WE, SORRY, EITHER WAY, THE WHITE HOUSE.

HE WORKS AT THE SIMS HOUSE ON CENTER STREET. AND CHEF PACO, AND HE'S FULLY AWARE OF IT, AND HE'S GOT KIDS THAT LIVE THERE AND FULLY IN SUPPORT. YEAH.

AND THEN THE OTHER THING I WAS CONCERNED ABOUT IS THE GAS STATION RIGHT BEHIND IT, BECAUSE WE ALL KNOW A LOT OF TIMES WHEN LOUNGES LET OUT, THEN PEOPLE GO NEXT DOOR TO THE GAS STATION AND GET BEER AND WHATNOT. AND SIT IN THE PARKING LOT AND CAUSE ALL KINDS OF ISSUES.

BUT THEY ACTUALLY CLOSE AT 10 O'CLOCK, SO THEY WILL BE LONG CLOSED BY THE TIME YOU GUYS...

FINISH. SO THAT WAS NOT A CONCERN THEN FOR ME AS WELL, SO I WENT INTO IT VERY CONCERNED. BUT AFTER TALKING WITH THE TENANTS AND NEARBY NEIGHBORS AND AND SEEING, YOU KNOW, THE TIME OF THE GAS STATION, IT MADE ME LESS CONCERNED. THE ONLY THING I WOULD WANT TO MAKE SURE, AND MAYBE IT'S ALREADY IN THE TOWN CODE, BUT, YOU KNOW, IS A CONDITION THAT SAYS THAT THERE CAN'T BE ANY OUTSIDE SEATING, BECAUSE THAT WOULD BE AN ISSUE FOR THE NEIGHBORS. DIRECTLY TO THE NORTH. I DON'T THINK YOU EVER INTEND TO DO THAT, BUT I JUST THINK THAT, LIKE YOU SAY, TENANTS CHANGE OVER, AND SO SINCE WE ALREADY, YOU KNOW, IF WE DO PASS THIS, AND WE DO HAVE THIS LOUNGE USE, I WOULDN'T WANT A FUTURE LOUNGE. THAT MIGHT BE ANOTHER SITUATION. TO BE ABLE TO HAVE OUTSIDE SEATING BECAUSE THAT WOULD BE NOISE, THEN RIGHT ADJACENT TO RESIDENTIAL. THAT'S IT.

THANK YOU. FOLLOW UP ON THE OUTSIDE SEATING. HOW IS IT PREVENTED? SO THEY WOULD HAVE THE OPPORTUNITY TO REQUEST OUTDOOR SEATING.

LOUNGES ARE PARKED BY NUMBER OF SEATS, TYPICALLY. AND SINCE THEY'RE AT PARKING CAPACITY, THEY'D HAVE TO FIND SOME PARKING. SO THERE WOULD HAVE TO BE SOME TENANT CHANGES OVER TIME THAT WOULD FREE UP SOME PARKING. BUT THERE'S A SMALL AMOUNT THAT COULD BE DONE UNDER THE ADMINISTRATIVE THRESHOLD IN THE CODE. SO IF IT WAS SOMETHING THAT YOU'D LIKE TO PROHIBIT IN THE FUTURE, YOU COULD CONSIDER RECOMMENDING A CONDITION THAT THAT WOULD HAVE TO RETURN TO COUNCIL FOR APPROVAL OR SOMETHING LIKE THAT.

TO MAKE SURE IT WAS VETTED, THOROUGHLY VETTED. AND JUST FOR THE RECORD, WE HAVE NO ISSUE. WE'RE NOT PROPOSING ANY OUTDOOR SEATING WITH THIS USE. I LIKE THAT SUGGESTION. THANK YOU, GARRETT. ALL RIGHT, BACK AT THE TOP REAL QUICK. SO, A REAL QUESTION FOR TOWN STAFF.

ARE THERE ANY DENSITY RESTRICTIONS ASSOCIATED WITH THE INCORPORATION OR LOUNGE AT THIS PARTICULAR SITE, LOCAL RESTRICTIONS OR STATE RESTRICTIONS. AND WHAT I'M GETTING AT, RIGHT, YOU'VE GOT, YOU KNOW, RALPH'S TO THE NORTH, YOU'VE GOT A COUPLE OTHERS. SO I JUST WANT TO MAKE SURE THAT WE'RE NOT STEPPING ON OUR TOES FROM THAT ASPECT OF IT. GOT IT.

YOU'RE TALKING ABOUT, LIKE, A PROXIMITY TYPE. NO, THERE'S NO PROXIMITY BAR TO BAR RESTRICTION THAT I'M AWARE OF.

AS LONG AS YOU CAN GET YOUR ALCOHOL LICENSE, YOU CAN OPERATE. THERE IS, AND THIS ISN'T THE ONLY USE THAT RESTRICTS IT, BUT THERE IS A LIMIT TO CHILD CARE FACILITIES. BUT WITHIN WALKING DISTANCE OF HERE, THERE'S NUMEROUS USES THAT ALSO CATEGORIZE FOR THAT. SO IT'S ALREADY RESTRICTED IN THAT AREA. THANK YOU. THE NEXT QUESTION ACTUALLY DEALS WITH THE, NEXT COUPLE QUESTIONS DEAL WITH THE TRAFFIC STUDY. AND I REALIZE THERE'S NOT A LOT OF CARS HERE, BUT I'M POKING AT THINGS DELIBERATELY. SO WHAT STREETS WERE THE INCREASED TRAFFIC? WHAT STREETS WERE EVALUATED? SO THE TOWN'S TRAFFIC ENGINEER HAD REVIEWED IT AND NOT HAD ANY CONCERNS.

THE PRIMARY ACCESS TO THE FACILITY IS OFF HIBISCUS, BUT THERE'S ALSO ACCESS OFF THE ALLEYWAY OFF NORTH ORANGE. OKAY, SO ANY INCREASE OUT AT INDIAN TOWN ROAD WAS NOT

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EVALUATED? NO, AND THIS SEGMENT OF INDIAN TOWN ROAD ISN'T ONE OF THE ONES THAT'S A CRITICAL LINK. IT'S NOT A FAILING LINK, I GUESS I COULD CALL IT. THIS HAS ADDITIONAL CAPACITY, AND GIVEN ITS SMALL SIZE AND LIMITED NUMBER OF SEATS, LIKE I SAID, THE TRAFFIC ENGINEER REVIEWED IT AND DIDN'T HAVE ANY CONCERNS WITH TRAFFIC. OKAY. DO YOU HAPPEN TO KNOW WHAT CRITERIA HE USED TO DECIDE IT WAS NOT AN ADVERT? THERE'S A THREE-TEST SCENARIO, WHERE YOU RUN THROUGH EACH INDIVIDUAL TEST TO SEE IF THERE'S A FAILURE.

HE DIDN'T HAVE ANY CONCERNS WHEN HE REVIEWED THE APPLICATION. AND THE LAST ONE IS, I NEED TO BE EDUCATED.

WHAT'S A CURATED COCKTAIL? THIS IS A HANDCRAFT COCKTAIL.

OKAY. THANK YOU. THAT'S ALL I HAVE. THANKS, COMMISSIONER BLUM. YES. FIRST OFF, TO THE OWNER, I'D LIKE TO SAY I APPRECIATE YOU BRINGING YOUR BOYS AND INVOLVING THEM IN THIS PROCESS AND HELPING TO UNDERSTAND WHAT CITY TOWN GOVERNMENT LOOKS LIKE. AND I THINK I KNOW THIS ANSWER, BUT SCOOP AND SERVE, THAT MEANS NO COOKING, CORRECT? THAT'S CORRECT.

OKAY. AND THEN MY ONLY CONCERN REALLY WAS, AGAIN, THAT NOISE IMPACT WHEN... IN THE PARKING LOT WHEN PEOPLE ARE GETTING OUT, YOU KNOW, 12, 1 O'CLOCK, IF THE PLACE IS CLOSING DOWN AND THEN EVERYBODY'S HITTING THE PARKING LOT AT ONCE. THAT COULD BE NOISY. I'M NOT SURE WHAT YOU COULD DO ABOUT IT, BUT I WOULD HAVE A CONCERN WITH THAT. WITH THE RESERVATION-ONLY SYSTEM, IT'S NOT LIKE EVERYONE WILL BE THERE AT ONCE. THE RESERVATIONS WILL OVERLAP. WELL, IT'S THE LEAVING PART, LATE AT NIGHT. IF I WAS A NEIGHBOR, THAT WOULD BE A CONCERN FOR ME. STAFF WOULD BE LEAVING ANY KIND OF ESTABLISHMENT THAT WOULD BE THERE AS WELL, SO WE'RE NOT EXPECTING A HUGE LATE-NIGHT CROWD. WHERE IT'S GOING TO BE... MAXED OUT AT 1 O'CLOCK IN THE MORNING AND EVERYONE LEAVING AT ONCE. SO WITH THE RESERVATION, IS THERE ANY KIND OF COVER CHARGE? ALL RIGHT.

THANK YOU. THANK YOU. ARE THERE ANY QUESTIONS OR COMMENTS FROM THE PUBLIC? EXCUSE ME. I JUST HAVE ONE MORE FOLLOW-UP QUESTION, IF I CAN. A QUESTION FOR THE APPLICANT. HAS THERE BEEN ANY MARKETING RESEARCH TO DETERMINE THE NEED, LIKELIHOOD OF SUCCESS OF THIS PARTICULAR BUSINESS? THERE HASN'T BEEN A MARKETING STUDY DONE SPECIFICALLY FOR THIS. MY BACKGROUND ISN'T IN REAL ESTATE. I MOVED TO JUPITER, FLORIDA, NINE YEARS AGO, ALMOST NINE YEARS AGO NOW.

PRIOR TO THAT, I HAD BEEN IN THE RESTAURANT BUSINESS, OPERATING A RESTAURANT COMPANY OF OVER 60 RESTAURANTS OPERATING IN NINE STATES AND SIX COUNTRIES. SO I'VE GOT SOME EXPERIENCE AT BARS AND RESTAURANTS AND LOUNGES. AND, YOU KNOW, GIVEN THAT I OWN THE CENTER AND SOME OTHER PROPERTIES IN AND AROUND THIS IMMEDIATE AREA, I'VE GOT A PRETTY GOOD FEEL FOR WHAT'S GOING ON. AND I KNOW THERE WAS AN INITIATIVE A FEW YEARS BACK, YOU KNOW, IN AND AROUND THIS AREA TO HELP IMPROVE IT. THERE'S NOT A LOT OF TRAFFIC HERE AT NIGHT. BECAUSE A LOT OF THOSE BUSINESSES ARE MOM-AND-POP IN THE INDUSTRIAL AREA, IN THE LIGHT INDUSTRIAL AREA, A LOT OF IT'S MOM AND POP.

PART OF MY GOAL HERE IS TO, YOU KNOW, OBVIOUSLY, ALONG WITH IMPROVING THE CENTER, HAVING THE CENTER SORT OF BE LIVE, NOT LIVELY, BUT COME TO LIFE IN THAT AREA. IT WAS RUN FOR 30 PLUS YEARS, YOU KNOW, NOT VERY WELL, WHICH IS WHY, YOU KNOW, UPON PURCHASING THE CENTER, TRYING TO IMPROVE IT AESTHETICALLY, ON TOP OF OPERATIONALLY HAS BEEN A BIG... A BIG DRIVER FOR ME. WHEN DID YOU PURCHASE THE CENTER? 2021. OH, OKAY. I WAS UNDER THE IMPRESSION IT WAS EARLIER THAN THAT. HE SAID 01, BUT IT'S 21. I THINK IT WAS JUST A MISTAKE. YES, 2021. THE PREVIOUS OWNERS, I THINK, OWNED IT FOR 30 PLUS YEARS AND WERE IN JUPITER RESIDENCE.

THANK YOU. OKAY. ARE THERE ANY COMMENTS FROM THE PUBLIC? NO COMMENT FROM THE PUBLIC. ALL RIGHT. ANY COMMENTS OR DELIBERATION BEFORE WE ENTERTAIN A MOTION? I'LL START TO MY RIGHT WITH COMMISSIONER BLUM. NO FURTHER COMMENTS.

COMMISSIONER GRABOWSKI. SO I DO. LIKE GARRETT'S SUGGESTION, PERHAPS WE MIGHT WANT TO CONSIDER ADDING A NINTH CONDITION TO RETURN TO COUNCIL FOR APPROVAL OF OUTBOARD SEATING,

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AS EVER REQUESTED. AND. JUST FOR THE OWNERS, IT'S NOT FOR THE FIRST GENERATION OWNER, IT'S FOR THE SECOND OR THIRD GENERATION OWNER. I HOPE SO TOO. BUT THIS IS AMERICA, THINGS GET BOUGHT AND SOLD ALL THE TIME. ALL RIGHT, UH? CONTINUING ON COMMISSIONER KELSO AND COMMISSIONER VINSON, NO FURTHER COMMENTS, COMMISSIONER ROGO, COMMISSIONER KEENAN. UH, JUST ONE, UH, THAT THE UH.

COMMISSION CONSIDER MODIFYING ONE OF THE CONDITIONS TO CAP THE OPERATION HOURS AT 12 MIDNIGHT INSTEAD OF 1 A.M.

DAYS OF THE WEEK? WEEKDAYS THROUGH THURSDAY. OKAY.

COMMENTS FROM OTHER COMMISSIONERS ON THAT? JUST FOR THE APPLICANT, WILL THAT HAVE A MAJOR IMPACT ON YOUR ABILITY TO BE PROFITABLE? TO YOUR POINT ABOUT THE MARKETING STUDY, THE REASON WE ASKED FOR THESE HOURS FROM 5 TO 1 AND 5 TO 2 WAS TO BE ABLE TO MAXIMIZE PROFITABILITY. THE TRUTH IS, WE DON'T KNOW IF PEOPLE WILL DIE OUT AT 11 OR 12 OR 1 O'CLOCK. THAT'S THE TRUTH.

THAT'S THE TRUTH. SO IF WE FIND THAT THERE'S NO BUSINESS FROM 12 TO 1, WE CERTAINLY DON'T WANT TO HAVE LABOR COSTS, ELECTRICITY COSTS, OTHER COSTS GOING ON, AND WE WOULD SORT OF SELF-REGULATE. WE'D PREFER TO HAVE THE HOURS MAXIMIZED, AND THEN WE'RE GOING TO OPERATE OUR BUSINESS IN WHAT MAKES THE MOST SENSE FINANCIALLY. OKAY, WITH THAT, WOULD SOMEONE LIKE TO MAKE A MOTION TO RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION, USE AND SITE PLAN AMENDMENT, OR DENIAL OR APPROVAL WITH MODIFICATIONS TO CONDITIONS? I WOULD MOVE TO RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION USE AND SITE PLAN AMENDMENT BASED ON THE FINDINGS OF THE STAFF REPORT, AS WELL AS ADDING THE...

ADDITIONAL CONDITION OF THE OUTSIDE SEATING IN THE FUTURE HAVING TO GO TO TOWN COUNCIL. I WOULD SECOND THAT. AND ANY THOUGHTS ON THE OPERATING HOUR CAP? I PERSONALLY WOULD NOT BE FOR IT, SO THAT'S WHY I DIDN'T ADD IT TO THE MOTION. I WOULD NOT BE FOR IT EITHER. OKAY, SO THERE'S BEEN A MOTION MADE TO APPROVE. SPECIAL EXCEPTION USED IN SITE PLAN AMENDMENT APPLICATIONS WITH CONDITIONS OF APPROVAL WITH THE ADDITION OF NO OUTSIDE SEATING WITHOUT FUTURE APPROVAL BY TOWN COUNCIL. IS THAT CORRECT? OKAY. I GOT A SECOND ON THAT.

ALL THOSE IN FAVOR SAY, AYE.

AYE. ANY OPPOSED? OKAY, THAT PASSES. THANK YOU EVERYONE.

THANK YOU ALL FOR YOUR SUPPORT. THANK YOU.

GOOD LUCK. THANKS FOR BRINGING YOUR BOYS UP HERE TO LEARN. I LOOK FORWARD

[3. Piatt Public Safety Marina and Park (Quasi-Judicial) – Special exception use for a marina and public park and site plan amendment to the Jupiter Fire Rescue Department Piatt Station (Phase 2) site plan for a five slip public safety dock, Riverwalk overlook, and public park, on a 4.7± acre property, located at 500 US Highway 1. (PZ 26-6700 and 6701)]

TO SEEING YOUR SONS IN 15 YEARS. GREAT JOB. ALL RIGHT.

NEXT ITEM WE HAVE IS THE PIAT PLACE PARK AND PUBLIC SAFETY MARINA SPECIAL EXCEPTION AND SITE PLAN AMENDMENT APPLICATIONS, QUASI-JUDICIAL.

PARTAY DISCLOSURES STARTING TO MY RIDE WITH COMMISSIONER BLANK. I HAVE BEEN BY THE AREA. OKAY.

COMMISSIONER GRABOWSKI.

NOTHING TO DECLARE.

COMMISSIONER KELSO. NOTHING TO DECLARE. I DROVE BY THE SITE AND TALKED TO THE STAFF ABOUT THE PROPERTY.

COMMISSIONER VINSON. I'M VERY FAMILIAR WITH THE SITE.

COMMISSIONER ROGEL. I DROVE BY.

AND COMMISSIONER KEENAN. NO DISCLOSURE. THANK YOU. I'D LIKE TO INVITE THE APPLICANT TO GIVE THEIR PRESENTATION.

GOOD EVENING COMMISSIONERS.

FOR THE RECORD, GARRETT WATSON. I'M GOING TO JUST TALK REAL BRIEFLY, AND I'M GOING TO INTRODUCE MAJOR KIM BARK, WHO'S GOING TO GIVE YOU A LITTLE BIT MORE INFORMATION ABOUT THE PUBLIC SAFETY ASPECT OF THIS PROJECT. REAL QUICK, THE SLIDE IN FRONT OF YOU, THIS IS PIAT PLACE PARK.

YOU'LL RECALL BACK IN 2024, ABOUT SUMMERTIME, WAS PHASE ONE OF THIS PROJECT, WHICH WAS THE DEVELOPMENT INTO THE FIRE STATION THAT'S WELL UNDER CONSTRUCTION.