(Update: video added, comments by Gaylord)
BEND, Ore. (KTVZ) – The City of Bend’s permitting of a controversial gas station in Southeast Bend has been appealed to the state’s Land Use Board of Appeals by opposing neighbors, but they are also trying other ways to prevent the pumps from operating.
For nearly two years, a group of neighbors have been campaigning against the inclusion of the gas station in GP Energy/Colvin Oil’s proposed retail (convenience commercial) project at the roundabout on Brosterhous and Murphy Streets, citing environmental and traffic concerns and also arguing that this not necessary, with several existing gas stations not far away.
After a city hearing officer approved the project earlier this year, opponents brought their case before the Bend City Council. They voted 5-2 not to hear the neighbors’ appeal, as city officials noted that any council decision would likely be appealed to LUBA anyway. They also noted the time constraints due to a state-imposed 120-day deadline for final local land use decisions (otherwise the proposing developer could have taken the city to court).
In their 33-page LUBA petition (Word .doc linked below), four local residents appealed the city’s decision – who, if opponents prevail, will not stop the project, but only refer (return) it to the city for a new decision-making process would to resolve any issues that the State Appellate Body sets forth.
The petitioners mention three “error attributions”. First, they question whether the term “suitable” is a site-specific conditional use criterion, saying the city approved the permits without addressing the issue.
They also claim that the “convenience commerce” zone is limited to small and medium-sized businesses that “meet the frequent shopping and service needs of nearby residents.” While gas stations (and restaurant thoroughfares, which are also part of the plans) are permitted as conditional uses, opponents claim the city made a mistake “in determining that ‘need’ was not a permitting criterion or standard” for such Uses in CC zones.
In her third fault attribution, she said, “Colvin failed to present substantive evidence that the adverse impacts of the gas station and drive-through on adjacent properties in terms of safety, noise, vibration, exhaust emissions, and odor could be mitigated, or that.” any permit conditions could sufficiently minimize these impacts to ensure that these uses are compatible with surrounding uses and public facilities.”
Susi Gaylord, one of the petitioners and opposition leader, told NewsChannel 21: “We’re going to try a few other things to work with the Andretti Group. Hope they listen.”
She pointed out that Andretti Group is led by Michael Andretti – son of Indy racer Mario – and is the holding company of GP Energy and Colvin Oil.
“We will make a direct appeal to Michael Andretti (and the values his name represents) to respect the more than 2,000 residents who do not want a gas station in their neighborhood,” Gaylord said
“We also speak to state-level officials about our concerns,” she added, “and how our issue is affecting the state as well.”
Gaylord stated Sunday, “We’d love to work with Andretti Group to find something we’re all happy with.”
But she added: “I’m not sure there’s really a compromise (possible) as far as the gas station is concerned. We’d like to have electric charging stations (instead) because we believe that’s where the future of Bend lies. Oregon is a very environmentally friendly state and we want to uphold those values in our neighborhood.”