The petitioners list three “assignments of error.” First, they question whether the term “appropriate” is a site-specific criterion for conditional uses and say the city approved the permits without addressing the issue. doc linked below), four area residents appealed the city decision – which, if the foes prevail, would not stop the project, only remand (return) it back to the city for another decision process, to fix whatever issues the the state appeals board outlines. They also pointed to the time crunch from a state-set 120-day deadline for any final local land-use decisions (or the proposing developer could have taken the city to court). They voted 5-2 not to hear the neighbors' appeal, as city staff noted any council decision likely would be appealed to LUBA anyway. For close to two years, a group of neighbors has been fighting the gas station’s inclusion in GP Energy/Colvin Oil’s planned retail (convenience commercial) development at the roundabout at Brosterhous and Murphy roads, citing environmental and traffic concerns and also arguing it’s not needed, with several existing gas stations not far away.Įarlier this year, after a city hearings officer approved the project, the foes took their case to the Bend City Council.

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