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About Seaside signal. (Seaside, Or.) 1905-current | View Entire Issue (July 21, 2017)
6A • July 21, 2017 • Seaside Signal • seasidesignal.com Gearhart transportation plan vital for grant funding Revisions address tsunami concerns By R.J. Marx Seaside Signal The city could be on the road to applying for more than $28 million in grant funds for projects as diverse as bike lanes, trail connections, public transit and tsunami evacuation routes. The Planning Commission voted 6-1 Thursday, July 13, to forward the Gearhart Trans- portation System plan to the City Council. If the council adopts the plan, Gearhart would be con- sidered more competitive for grant money to fund “aspira- tional” projects. “One of the requirements for most of those grant ap- plications is it has to be in an adopted plan for the city,” Carl Springer, of DKS Associates, said. “Now they can actually check that box, assuming it gets adopted (by City Council). Without it you can still apply, but you’re less competitive.” Wish list After the city applied for and won a grant to fund the R.J. MARX/SEASIDE SIGNAL Carl Springer of DSK Associates addresses the Gearhart Plan- ning Commission. ‘One of the requirements for most of those grant applications is it has to be in an adopted plan for the city.’ Carl Springer, DSK Associates plan in 2015, the Oregon De- partment of Transportation selected and hired DKS to prepare the document. Over the last year and a half, DKS and members of Gearhart’s Transportation System Plan Advisory Com- mittee held a series of public hearings in which residents presented their goal and wish lists. Among them were a saf- er U.S. Highway 101, region- al bike trails and neighbor- hood connections. DKS prioritized invest- ments with four tiers, from the $1.2 million likely to be available through existing funding sources to a more than $20 million wish list that exceeds the likely level of city and state funding through 2040. At the lower figure, the city could provide traffic calming devices, tsunami evacuation route identifica- tion, bike parking and way- finding signage, among other enhancements. Higher cost “aspirational” projects include sidewalk re- placement, road extensions and Highway 101 reconfigu- ration. Bridge improvements over Neacoxie Creek could exceed $2 million. Seventy-five potential projects are listed in the plan, which outlines policies and projects considered important to protecting and enhancing the quality of life in Gearhart. Adoption of the plan does not commit the city to the projects, Springer said. None are funded or planned, City Planner Carole Connell said, but adoption of Gearhart gives OK for lottery machines recommendation to approve or deny the appeal, Watts said state law had “never been test- ed.” “This is a difficult decision, because you’re not only look- ing at city code, you’re look- ing at state statutes,” Watts said. “This language is pretty strong.” The state could preempt lo- cal codes, including the city’s comprehensive plan, Watts said, which limits uses in the city’s downtown area. State lottery law sways City Council By R.J. Marx Seaside Signal City councilors decided not to roll the dice in a state appeals board and granted Terry Lowenberg a condition- al use permit to install lottery machines at the Gearhart Crossing Pub and Deli. The move overrides a year and a half of testimony, along with Planning Commission and City Council denials, and allows video gambling ma- chines to be placed in a walled area behind the main dining room. Up to six machines are permitted. Councilors decided not to test state law preemptions over city zoning code. “The City Council made a difficult decision, but the deci- sion was correct based on the facts of the law,” Gregory Ha- thaway, Lowenberg’s attorney, said after the July 5 meeting. “The city stopped the appeal process because they wanted to bring it back for discussion. Based on that discussion, they decided to reverse themselves and approve it.” Repeated denials Citing losses, Lowenberg, the owner of the former Gear- hart Grocery, won a condi- tional use permit to open a neighborhood brewpub and deli at the grocery’s location at 599 Pacific Way in March 2016, saying the grocery was unable to compete with larger stores. After commissioners approved the plan, Lowen- berg submitted an amended permit request seeking video lottery machines. Maintaining neighborhood character, the proximity of COLIN MURPHEY/EO MEDIA GROUP Terry Lowenberg, left, attends a meeting of the Gearhart City Council on Wednesday, July 5, after his appeal of a denial of his request to place video lottery machines in his business. Lowenberg, owner of Gearhart Crossing Pub and Deli, was granted a conditional use permit to install the machines. lottery machines at nearby locations along U.S. High- way 101 and no proven need for the machines all factored into the council’s decision to uphold a January Planning Commission denial. In April, the City Council held an appeal hearing, and affirmed the Planning Com- mission’s decision to deny the revision. After Lowenberg’s appeal to the state’s Land Use Board of Appeals, the city withdrew the case for recon- sideration in late May. A new staff report recom- mended that the City Council affirm the Planning Commis- sion’s denial of Lowenberg’s request. “They have to com- ply with conditional use cri- teria,” Planner Carole Connell said. “If that use is not listed or permitted, it is considered prohibited.” State law preemption But a submission to the city from Hathaway and ad- ditional comments from City Attorney Peter Watts led to a change in direction by coun- cilors. In 1984, voters passed Measure 4 amending the Ore- gon Constitution to establish a state lottery. A fundamental provision of the law is that jurisdictions are preempted from enacting any regulation in conflict with its provisions. Land use regula- tions, whether adopted before or after 1984, would be pre- empted, Hathaway said. A key provision of the law regulates how a video lottery game may be placed and does not require an applicant to demonstrate that the place- ment of lottery machines is permitted by local land use regulations, Hathaway said. “The preemption use is covered specifically,” Ha- thaway said. “Other uses as mentioned can be absolutely regulated by the city, but when it comes to the placement of those machines, that’s subject to the preemption statute. It appears to be very unambig- uous about the Legislature’s intent: making sure local government regulations don’t prohibit the ability to place authorized lottery machines in authorized places.” While declining to issue a Change of direction Ultimately, city councilors decided not to pit Gearhart’s zoning code against state law. “I must say I am dead set against video lottery machines in the downtown corridor,” Councilor Kerry Smith said before the vote. “I’m going to kick myself. Right now I have to vote for the video lot- tery machines because of that damn law.” Councilor Sue Lorain sec- onded that sentiment. “I feel really badly because I have to vote for it,” she said. “Our citizens will vote for it with their wallets,” Coun- cilor Dan Jesse said. “They will choose to either support the business or not support the business. Either it will succeed or fail based on what Terry de- cides to do with it. To me it’s not for us to be getting into. It’s for the citizens to decide. I think the law is pretty clear.” Jesse, Lorain, Smith and Paulina Cockrum voted on be- half of allowing the machines, with conditions. Mayor Matt Brown abstained. The city’s staff report, to be presented at the council’s Au- gust meeting, will be rewritten to indicate tentative findings and conditions, including lim- ited exterior signage, number of tables in the walled area and food and beverage service in the lottery location. Possible shark sightings prompt signage Don’t panic, calmly exit the water By Brenna Visser couldn’t confirm one way or the other that these sightings were shark fins or not, and that often people common- ly mistake porpoise fins for shark fins. the plan will enable the city to request outside funding for future transportation im- provements. Funding sources could include Federal Highway Trust Funds, the State High- way Trust Fund or a Gearhart Road District tax, according to the June draft plan. Tsunamis, big and small Gearhart’s tsunami risk was a primary component of the plan, and among the last subject to revision. “One of the reasons this was funded was it’s the first transportation plan to include tsunami evacuation routes,” Connell said. “ODOT was pretty excited about getting this in a TSP.” On the assumption an ex- treme Cascadia event would “take out everything west of the highway,” the original plan advised evacuation to points east of Highway 101. Evacuation to the west is often the best option, Patrick Wingard of the Oregon De- partment of Land Conserva- tion and Development said in an email. After requests from Wing- ard and other state officials, DKS analyzed high ground areas expected to remain dry in 95 percent of tsunami sce- narios analyzed. “These areas are for last resort evacuation in cases where someone is physically unable to get outside of the hazard area or there are im- passable obstacles,” Wingard said. The plan revision ref- erences three north-south “dune spines for evacuees on the west side” of Highway 101, Connell said, including North Marion Avenue near McMenamins, the Ridge Path and Summit Avenue. Heading to council Commissioners Jeremy Davis, Terry Graff, Richard Owsley, Russ Taggart and Chairwoman Virginia Dide- um voted to forward the plan to the City Council. Com- missioner Carl Anderson ab- stained. With the recommendation, DKS and Connell will pres- ent the revised transportation system plan at the council’s August meeting. “The city has yet to prior- itize projects,” Connell said. “This is getting the frame- work in place. The tricky part is figuring out what mix of projects is the most appropri- ate for the community.” DINING on the NORTH COAST Great Restaurants in: GEARHART SEASIDE CANNON BEACH WANNA KNOW WHERE THE LOCALS GO? • Breakfast • Lunch • Dinner • Lighter appetite menu • Junior Something for Everyone menu Fish ‘n Chips • Burgers • Seafood & Steak Friday & Saturday - Prime Rib Lounge Open Daily 9-Midnight All Oregon Lottery products available BEST BREAKFAST IN TOWN! 1104 S Holladay • 503-738-9701 • Open Daily at 8am MAZATLAN M E X I C A N R E S TA U R A N T Phone 503-738-9678 1445 S. Roosevelt Drive • Seaside NATIONALLY FAMOUS CLAM CHOWDER • FRESH OREGON SEAFOOD R E STAU R A N T S CANNON BEACH 503-436-1111 powered by Seaside Signal Ocean Front at Tolovana Park www.moschowder.com BRENNA VISSER/EO MEDIA GROUP Signs in Seaside warn beachgoers of the potential danger posed by sharks. There have been multiple shark dorsal fin sightings in Seaside and Cannon Beach, as Seaside posted warning signs from 12th Avenue to the Cove. In Cannon Beach, life- guards reported shark sight- ings as well. Cannon Beach Police Department tweeted yesterday Oregon State Parks will be posting warning signs soon along the coast. General Manager of Sea- side Aquarium Keith Chan- dler said without a photo he Excellence in family dining found from a family that has been serving the North Coast for the past 52 years Great Great Great Homemade Breakfast, lunch and pasta, Clam but that’s dinner steaks & Chowder, not all... menu,too! seafood! 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