City Council denies Murphy gas station permit | St. Lucie County

PORT ST. LUCIE – A super majority of the City Council here voted against giving the Murphy Oil Company a special exception use permit for a convenience store and gas station on Gatlin Boulevard in the General Commercial Zoning District on Jan. 26, citing traffic congestion concerns and the number of fuel stations already existing on that busy roadway.

The Planning & Zoning Board had already recommended approval last May of both that SEC and another Murphy Oil request at the northeastern corner of Bayshore and Port St. Lucie boulevards.

While the Council approved that last one on May 27, its members tabled the Gatlin location request in order to have staff address ongoing traffic concerns with the applicant. Planner Francis Forman introduced the continued item during the latest meeting.

“The project site is located on the northwest corner of Southwest Gatlin Boulevard and Southwest Import Drive,” he said. “Access will be off Gatlin Boulevard, as well as Import Drive. This item was previously in front of you on May 27, at which time staff recommended further offsite improvements. We have an agreement that the left-turn lane from Gatlin onto Import Drive will be extended as well as the right-turn lane from Import Drive onto Gatlin. The proposed use aligns with Goal 4 of the city’s strategic plan by expanding job opportunities and supporting economic development. Staff does find the special exception use consistent with the criteria listed in city code.”

Councilman David Pickett was the first to pose questions and express concerns to staff afterward.

“Can you review the turn lane distances again?” he asked. “How are you going to turn left?”

“From Gatlin Boulevard onto Import Drive, there’s a left-turn lane that’s going to be extended,” Forman replied.

“But nobody uses that,” Councilman Pickett insisted. “They make a U-turn. Also, is there going to be any turn lane coming from east going west to turn into the gas station? We already have a problem down the road at the Waffle House and 7 Brew Coffee, so now you’re going to add a gas station there and create even more of a traffic jam.”

Public Works Director Colt Schwerdt then came to Forman’s aide with more improvement details.

“This existing left-turn lane on Gatlin was shown to have some concerns when staff came in,” he said. “The applicant agreed to extend this for their impacts and the [other] left-turn lanes here. So, there will be some U-turns at Gatlin and Import to get into this site. There is a significant right-turn lane on Gatlin to help with those movements coming from the east heading west. On Import Drive, the right-turn lane’s going to be extended by roughly 385 feet.”

After Schwerdt assured him there would be a deceleration lane added on Gatlin for right turns into the station, Councilwoman Stephanie Morgan made a motion for approval. When no one offered a second, Mayor Shannon Martin was about to call the motion failed when Vice-Mayor Jolien Caraballo suddenly seconded it for discussion via Zoom.

“I heard Councilman Pickett’s concerns,” she said. “I haven’t heard from Councilman [Anthony] Bonna. If there’s going to be opposition, I’d like to hear any other concerns.”

Council Bonna, however, primarily lamented a comment Forman has made in recent in recent hearings.

“We’ve had presentations over several different items that mentioned alignment with Goal 4 on supporting jobs and economic development,” he said. “I’d like to know what that really means or how that’s relevant. It kind of seems like a justification trying to push things through.”

Mayor Martin agreed, becoming the first Board member to oppose the request.

“When I read that, I was not happy with that statement,” she said. “I will not be supporting this item because there’s plenty of gas stations on that strip of Gatlin Boulevard, and this is a very intense use.”

That prompted Councilman Pickett to join the opposition bandwagon.

“There’s nine gas stations from Port St. Lucie Boulevard to 95, and when BJ’s gets built, that’ll make the 10th, he said. “Do we really need that many gas stations on that road? I think not, and my vote will be for no.”

Vice-Mayor Caraballo immediately asked City Attorney Richard Berrios to read the city’s criteria for quasi-judicial proceedings, which require decisions based on competent, substantial evidence. After Berrios cited city code sections that allowed denials of SEUs for “traffic and safety” concerns and/or uses that might “impair the health, safety, welfare or convenience of city workers,” Carballo indirectly made her own intentions known with a separate question for him.

“Just because I voted to second it does not necessarily mean that I have to vote to approve it, correct?” she asked.

“That is correct,” Berrios answered.

Murphy USA’s contracted Civil Engineer Aref Shahadeh also addressed the Council.

“I understand your concern about the gas stations along the road, but I feel we’ve gone out of our way to really increase the level of service,” he said. “Since May, we’ve been working with Public Works, proposing the left-turn lane, the two right-turn lanes [and] the median. We’ve already obtained our permits with South Florida, and I would just appreciate if you guys reconsider this.”

Councilwoman Morgan then challenged her colleagues’ reasoning.

“With business, do we say, you’ve got enough gas stations so you can’t open a gas station?” she asked. “That would be like saying, we’ve got enough chicken places so I don’t want another chicken place. I can’t do that with business just because there’s a gas station across the street or down the street.”

That put the other Council members on the defensive as most in the past have expressed pro-business stances. Even so, a different super-majority last Dec. 8 refused to grant a land-use change off Becker Road for Cleveland Clinic to build a free-standing emergency room and urgent care center due to similar traffic concerns and the fact the nearby Florida Coast Medical Center also opposed the change. Councilman Pickett likewise led the charge on that one, with the vice-mayor dissenting.

After each Board Member provided more comments on the Gatlin Boulevard request and Shahadeh made a last-minute plea, the Council voted on Morgan’s approval motion, which failed 1-4.