Commission says NO to 7-Eleven building permit

In a new hearing on the question as to whether or not the City of St Augustine staff acted properly in issuing a building permit to 7-Eleven to construct a 24-hour convenience store with gasoline pumps, the city commission voted unanimously to uphold the appeal filed and led by neighborhood residents — rescinding the previously issued building permit.

A lengthy quasi-judicial hearing started at 9:00 a.m. this morning that pushed the Historic Architectural Review Board meeting back an hour to 4:00 p.m. But, after hearing all the testimony of witnesses and the attorney for the City, Isabelle Lopez, attorney for the City staff, Dennis Bayer, attorney for the developer, James Whitehouse, and attorney for Nelmar Terrace neighbors, Jane West, less than a half-hour was spent in the discussion that led to the 5-0 vote that staff had not properly issued 7-Eleven a building permit for the intersection of May Street and San Marco Avenue.

Commissioner Leanna Freeman, who is also an attorney, started the discussion saying, “we got this wrong” after she had listened to the testimony and reviewed the evidence presented.

She noted that approval of the permit will have a substantial adverse effect on the neighbors, and that she did not believe all of the city ordinances were met, nor was the intent of the entrance corridor guidelines followed. Freeman, whose law office is also in north city, expressed grave concerns, based on citizen testimony for the safety of deaf and blind students on foot or bicycle in the neighborhood.

There was repeated reference both in testimony and at the commission table regarding safety — not just within the city limits, but also for residents and visitors on the barrier island that includes Vilano Beach, Surfside, North Beach, and South Ponte Vedra Beach. In a hurricane, tropical storm, or fire, May Street, which is State Road A-1-A, is the only escape south of Palm Valley with a bridge to the mainland.

Residents in the area expressed similar comments that they are already prisoners to traffic conditions as they are today, as well as fears of worsening conditions if the 7-Eleven were to be built.

Former Director of Planning and Building, Mark Knight, who resigned from the City and took a consultant position with McClure and Bloodworth, the law firm originally representing 7-Eleven, gave answers that Commissioner Freeman called “inconsistent”. Much of the focus was on whether or not the City Staff had the benefit of a traffic study completed for the Florida Department of Transportation in 2012. Knight says he knew about the FDOT study which the state relied on in issuing their permits also needed before construction can begin. The attorney for the appellant said that she had made public records requests for any studies or traffic reports and was told that none existed.

An expert witness appeared from the firm that prepared the traffic study who said the section of San Marco Avenue at the intersection of May Street is rated “C”, and May Street is rated “D” — above the maximum “E” or “F” ratings that would preclude development. Under cross-examination, however, it became clear that the report had not considered the intersection of San Marco Avenue with San Carlos, only about 30′ to the south — that intersection is rated “F”, as is the intersection with Magnolia Avenue to the east.