06/21/2023
Coral Gables abandons gas station plan in front of school in victory for residents
The City of Coral Gables for the first time committed not to building a gas station in front of GW Carver Elementary School as part of ongoing litigation brought by residents standing up for community input as part of the development process.
In a court appearance Wednesday, attorneys for the City agreed to stipulate that a 2020 legal opinion allowing a gas station on an empty lot initially designated for affordable housing was no longer valid.
But the 2017 legal settlement that allows the City to bypass its own rules requiring public notice and input and instead approve major site plans administratively remains in effect. As a result, another similarly detrimental project could go forward without resident input even if a gas station is no longer allowed due to changes in the zoning code restricting commercial usages on the 1.7-acre parcel.
At the hearing, Judge Thomas Rebull rejected the City’s attempts to have the lawsuit declared moot because of WAWA’s decision to abandon the project.
Instead, he gave the Gables Accountability Project, a Florida non-profit made up of area residents, 30 days to modify their complaint to focus squarely on the 2017 legal settlement. Plaintiffs will show that disruptions arising from that legal opinion — such as the removal of several mature Oak trees, unwanted driveways on historic Grand Ave. and plans to relocate a crosswalk in front of school — continue to hurt the community and need to be addressed.
Rebull presided over the case for the first time since inheriting the 2021 lawsuit from Judge Michael Hanzman. Before retiring, Hanzman called the City’s actions “blatantly illegal” and ordered it to respond within 10 days to the complaint — something it has so far failed to do