Jupiter council approves mediated settlement on Sunny Sands property, preserving midden and rail right-of-way; vote 4–1

The Jupiter Town Council on Jan. 20 approved a mediated settlement agreement resolving a long-running dispute over the 10.4-acre Sunny Sands property by a 4–1 vote, with Vice Mayor Delaney the sole dissent.

Town counsel summarized the settlement as a tradeoff: the town will obtain deeded preservation of two registered archaeological sites (the Sunny Sands midden and the Celestial Railroad right-of-way) and a defined View Corridor of approximately 1.41 acres while the owner retains development rights on remaining acreage subject to public review. The settlement implements the council’s prior certificate-to-dig order by defining protected areas, requires the owner to submit necessary development applications and preserves the town’s public hearing process for those applications. The special magistrate appointed under Florida’s Land Use and Environmental Dispute Resolution Act recommended the mediated agreement.

Opponents at the meeting urged the council to reject the settlement and preserve the entire 10.4 acres. Speakers raised legal and cultural concerns: Caitlin Wood and Daniel Williams warned that the deed language as written could limit public access to the midden (allowing only town‑sponsored pedestrian access in one provision) and flagged possible federal submerged‑lands and cultural‑resource obligations that must be honored. Williams emphasized concerns about consulting federal agencies and protection of underwater archaeological resources. Supporters—including Anna Curran and members of Rialto—said the deal secures public access to waterfront areas and preserves more than half of the site without a tax increase or bond to buy the entire parcel.

Town counsel explained the rationale: litigation risk under FLUEDRA and potential takings claims could impose large liabilities on the town; the mediator’s framework is intended to balance public preservation benefits with legal and fiscal risk. Council debates also reviewed implementation mechanics, including that the mediated settlement would proceed through the normal development-application process and that the magistrate would retain jurisdiction until the council approves or the agreement terminates.

Council approved the mediated settlement by a 4–1 vote. The motion includes staff direction to proceed with the public review process for the owner’s applications and to return to council with further site-plan and environmental details during that process.