Melbourne City Council approved the settlement Oct. 13 and rescinded its May denial, so the Circle K at 1300 S. Babcock St. returns for hearings Nov. 10 and Nov. 24.

The Melbourne City Council on Tuesday, Oct. 13, approved a mediated settlement that undoes its May denial of a Circle K gas station and convenience store at 1300 S. Babcock St.

Updated Oct. 16: the council approved both the settlement and the motion to rescind the May 19 final order, the city’s summary of action for the Oct. 13 meeting said. The project now returns for public hearings Nov. 10 and Nov. 24.

The council turned the project down on May 12. The developer then challenged that decision under a state dispute law, and the two sides reached a conditional settlement in mediation on Sept. 30. With the deal approved, the May hearing is wiped out and the application starts again before the council.

Council Member Mark LaRusso was absent, the summary said. It did not record a vote count on the item. The council also agreed to let the applicant’s additional experts appear virtually at the rehearing.

The background is in the city attorney’s item report in the agenda packet for the Oct. 13 meeting.

How the case got here

The applicant is Lemonade MM Melbourne Babcock LLC. It asked for a conditional use and a site plan for “a convenience store with gas pumps, commonly identified as the Circle-K project,” the item report said. The site is in council District 3.

  • May 12: the council held a public hearing and denied the application and its ordinance.
  • May 19: the final order of denial was entered.
  • June 18: Lemonade served the city with a request for relief under the Florida Land Use and Environmental Dispute Resolution Act, known as FLUEDRA.
  • Sept. 30: a special magistrate held the mediation, and the two sides signed a conditional settlement.

Lemonade’s request argued that the denial was unreasonable and an undue burden on its use of the property. It also argued there were due process violations at the May 12 hearing.

The settlement says the city does not admit any of that. It also says the agreement does not bind the city unless a majority of the council approves it at a public meeting.

What the council approved

The council took two votes on the item, and both passed:

  • approve the “Conditional Mediated Settlement Agreement Subject to Melbourne City Council Approval”
  • approve a motion to rescind the May denial and the May 19 final order

With both approved, the May 12 hearing “would be deemed a nullity,” the item report said. The application will be advertised for a first public hearing Nov. 10 and a second Nov. 24. The Planning and Zoning Board’s earlier review would stand.

Had the council said no, the special magistrate would have finished the FLUEDRA hearing, tentatively set for Dec. 9.

The conditions on offer

At the new hearings, Lemonade would put forward a list of operating conditions. The draft, dated Sept. 30 and attached to the settlement as Exhibit A, includes:

  • monitored security cameras and a minimum number of employees at night
  • a no-loitering policy and signs
  • litter checks and pickup every 12 hours
  • no overnight truck parking
  • a “Trucks No Left Turn” sign for westbound traffic leaving onto Rialto Place
  • a contribution toward speed humps on Rialto Place if neighbors want them
  • work with Rialto Place to mark it as a private road on Google, Apple and Waze maps
  • fuel deliveries and dumpster pickup only between 7 a.m. and 10 p.m.
  • speakers only under the canopy at the pumps
  • a vapor recovery system for fuel fumes and absorbent filters in the catch basins to trap any spill

None of these is in force today. The council would weigh them at the November hearings.

What else the council decided Oct. 13

The summary of action lists these results:

  • Trash rates: approved. Resolution 4448 passed on the consent agenda. Waste Management had asked for a 3% increase from Jan. 1, 2027, under the inflation clause in its franchise. Residential pickup, including recycling and yard waste, would be $18.47 a unit a month, the item report said. See our trash and recycling guide.
  • Outdoor entertainment venues: first reading approved. The new zoning district for open-air venues such as fairgrounds, music venues and arenas comes back for its second reading and public hearing Oct. 27. Sites would need at least 20 acres and sit at least 1,500 feet from single-family homes. Updated Oct. 30: the council approved Ordinance 2026-34 on second reading Oct. 27, the summary of action for that meeting said, which adopts the new district. More in our building permits and zoning guide.
  • Vilma Negron Way: approved 5-1. Dale Avenue gets the honorary name. Council Member Mimi Hanley voted no.
  • Home buying help: approved 5-0. The $500,000 state housing (SHIP) agreement with Community Housing Initiative Inc. will run the city’s purchase assistance program.
  • Grant applications: approved. $30,000 for bocce courts at Jimmy Moore Park, $50,000 for solar playground lights at Southwest Park and $55,868 in federal Byrne justice grant money for police equipment.

City Manager Jenni Lamb also told the council the Melbourne Police Department’s family fun day planned for Oct. 17 has been postponed to a date not yet set.

What it means for you

Neighbors near Babcock Street and Rialto Place get two more chances to speak on the Circle K, at the council meetings Tuesday, Nov. 10, and Tuesday, Nov. 24, in the City Hall Council Chamber, 900 E. Strawbridge Ave. Those hearings are the place to argue for or against the conditions above. Watch for the agendas on the city’s CivicClerk portal.

People who need an accommodation should call the City Clerk’s Office at 321-608-7220 at least 48 hours ahead, the city’s agendas say.