There's a new piece of paved trail along the east side of the Willamette River between the end of the Esplanade and the beginning of the Springwater Corridor Trail. Unfortunately, the new trail is an island, separated from the existing gap by lots of both sides of it.

Where the trail ends.

The trail was built by the owners of SK Northwest, a major retailer of personal watercrafts and ATVs. Back in 2006, SK Northwest filed for a permit to build on the property at 240 SE Division. Even though there was an existing trail easement along the river through their property, SK Northwest didn't plan to build it.

The company's reluctance to build the trail set off major alarms in the community. The issue weaved its way through the Land Use Board of Appeals process, and thanks to significant community outcry, the City denied SK Northwest's permit. After several appeals that were denied by the City, SK Northwest — facing a trip to the Oregon Supreme Court — ultimately relented in August 2009 and re-filed their permit with a promise to build the trail.

After getting a tip from a reader that their new retail building was nearly complete, I went and checked out the property yesterday.

Sure enough, just beyond SK Northwest's new parking lot, there's a new piece of trail...

12 feet wide and ready to ride.

However, you should contain your excitement, because there's still a gap between this trail and the southern terminus of the Eastbank Esplanade as well as a gap to the south at Ross Island Sand & Gravel.

Looking north towards OMSI. That gravel lot is owned by Portland Spirit.

That lot to the north is owned by Wayne Kingsley of the Portland Spirit. Mr. Kingsley and Dan Yates, who handles transportation issues for the Central Eastside Industrial Council, have both made it clear that they have no intention of allowing the trail to cross the property. In an interview with Kingsley in April 2006, he cited economic and security concerns as justification for his position.

The new construction at this location isn't going unnoticed by the neighborhood. The Hosford-Abernethy Neighborhood Association had the issue on their meeting agenda Tuesday night. Land Use Chair Joanne Stainbrook is already looking into the conditions of the company's development permit to, "follow up on the process and make sure they are fulfilling the original committments."

In our last report on this story in December 2009, Elly Blue reported that Mr. Yates cites federal maritime security regulations that prevent him from building a publicly accessible trail.

Kurt Krueger with the Portland Bureau of Transportation confirmed that SK Northwest had fulfilled it's trail building obligation. "We are getting one of the remaining pieces of this project," he said, "But it won't make the connection until we see the redevelopment or a City project that moves forward to connect across the Portland Spirit property."

The conditions of SK Northwest's permit mandate that this new trail be publicly accessible 24/7. While you can't actually take it anywhere, you can still ride on it. Go check it out next time you're in the neighborhood.

CORRECTION: This story was originally published with the wrong name for Wayne Kingsley. I had it as Wayne Krieger. I regret the error and apologize for any confusion.

The Springwater Corridor Trail is the closest thing Portland has to a bicycle superhighway.

When the trail is complete, you will be able to walk, run, skate, or ride your bike from the Steel Bridge all the way out beyond Gresham without ever sharing the road with a motorized vehicle. For now, only two major gaps remain, both in inner Portland, where you must exit the trail and wind through city streets.

The southern gap routes you through quiet, residential streets in Sellwood from SE Umatilla close to the river to SE 19th. The northern gap, from the current trailhead at SE Ivon to the beginning of the Eastbank Esplanade at OMSI, is by far the worst of the two, crossing through a major construction zone and the entrance to a gravel depot, creating a safety hazard and a signage and enforcement conundrum.

So what is the current status of these gaps?

Story continues below

The northern gap crosses several properties. Development permits for these properties are contingent on the owners providing right of way for the trail; prospects for each vary.

In the graphic below, a red dotted line shows an approximation of the City's preferred trail alignment:

It's been over a year since we reported that land owner SK Northwest gave up its protracted battle over including the trail in their redevelopment. The capitulation was a victory for trail supporters and the City, but no action has been taken since.

PBOT's Kurt Krueger told us on the phone this week that SK Northwest is "in the door with the building permit" and on the verge of redeveloping the property, including the trail segment and an extension out to Division Place. Krueger suspects that development will begin in spring or summer of 2010.

At the detour around the northern gap, trail users
share the road with gravel trucks andconstruction.
(Photo © J. Maus)

But that trail segment will only be a dead end until right of way through private property to the north and south can be secured. The property immediately to the south is slated for redevelopment, Krueger said, including its segment of the trail, but the project has been delayed for over a year now, because of the economic slowdown and other permit issues.

The property to the north of SK Northwest is owned by the Portland Spirit, and poses the greatest difficulty. "They don't want to provide that trail," Krueger said. "They have been extremely resistant almost to the point of threatening. Until they sell, or come in and redevelop, I don't see any way we can get that trail unless the city comes in and condemns the property."

The task of condemning part of the property would fall to the Parks Department, Krueger said, but due to funding shortages he doubts that such action will be a priority anytime soon.

A truck parked in the bike lane on the
northern detour forces this family into the road.
(Photo © J. Maus)

The southernmost of the four properties is owned by Ross Island Sand and Gravel, who have no foreseeable plans to move or redevelop their lot, Krueger said. "So what we'd have in my best guess is you'd come down the Springwater running north and you'd still have that one little interaction where the sand and gravel trucks are coming out at SE Ivon."

By comparison, the southern gap (see below) has a gentler history and kinder prospects. It requires users to make a detour through quiet, pleasant residential streets in Sellwood.

Red circles show current termination points of the trail.

Mark Lear and Kyle Chisek, PBOT staff who are overseeing the detour, say that some of the funding needed to complete this part of the trail exists, and that Metro is negotiating with the land owner, Dick Samuels, over purchasing more sections of the right of way.

One of three bridges that traverse
a former gap in the Springwater.
(Photo © J. Maus)

Mr. Samuels most recently sold Metro the land for the Three Bridges connection of the Springwater out to SE 45th; and he also owned some of the northern right of way that has already been bought and built. "He's a great partner," Chisek said, "and while we can look at getting more right of way in the future, the line still has some use and he's still considering his options with it."

"Metro is fairly sure they can narrow the gap further, possibly all the way to Linn Street," Chisek said. "It's up to the rail line owner. Metro is not going to condemn, they want to negotiate with a willing seller."

But, Lear and Chisek said, they have a greater hope than completing the trail which is to fill in the southern gap with a combination of new trail and bike boulevards.

Part of the current detour already takes you along the new Spokane Street bike boulevard, which had its grand opening on Saturday. (The southern trailhead of the northern section is currently at Spokane rather than Umatilla due to sewer line construction that runs through February.)

Chisek says that there are several options for making the connection. The neighborhood, he says, wants the trail to go across Umatilla and down 19th Ave, "but that could change."

Part of the newly completed bike boulevard
on Spokane Street.
(Photo © Adams Carroll)

Another option being weighed by the Parks Department and Metro is to purchase the land to expand the trail south five more blocks to the quieter SE Linn, and give that street the full bike boulevard treatment.

Both of these options, Chisek said, would allow for "creating Bike Boulevard improvements similar to what we're doing on Spokane but a little more advanced. If we have the funding for it we'll be able to a little more, like a signalized crossing improvement at 13th. If we're doing Linn, SE 17th will need some kind of signal work. Or if we want to connect [the boulevard] with Spokane, we'll have to look at something at Tacoma and 19th.

These options will be discussed at the Sellwood Moreland Improvement League (SMILE) general meeting on January 6th; both Chisek and Lear plan to attend.

Federal funding to "fill the gap" has been allocated, Chisek said. "We hope to begin design as soon as we have an agreement with ODOT and Metro in 2010. Depending on the design and the work needed, we may also begin construction next year."

Much of the trail runs alongside
a working railroad track.
(Photo © J. Maus)

"This is really a unique project and opportunity to show case how our boulevard system is on par with -- and even have advantages over -- a traditional trail network," Lear said.

A former rail line, the Springwater connects central Portland south to Sellwood, then east through the Johnson Creek area and east Portland to Gresham. It continues unpaved all the way to Boring. The train line's heyday a hundred years ago saw the development of multiple towns and neighborhoods where trains stopped to pick up and drop off passengers and produce.

Planning for the current multi-use path began in the early 1990s. The section connecting the two gaps between SE Umatilla and SE Ivon was built in 2005. In a new era of bicycle oriented development, it may come to serve a similar role as it did as a rail corridor of building communities and strengthening connectivity between them.

- We've been covering the SK Northwest saga since April, 2006 -- check out our full coverage. Also browse our Springwater Corridor Trail tag for more stories.

- Other trails being advocated for -- that are likely to run into similar, if not stranger challenges -- include the North Portland Greenway that would run north along the Willamette from the Steel Bridge to St Johns, and the Sullivan's Gulch Trail that would run alongside I-84.

"We look forward to working with SK Northwest and the City as the development moves forward."
-- BTA's metro-area advocate Emily Gardner

After a protracted legal battle that first came to light back in April of 2006, a Willamette riverfront property owner whose parcel lies in a key gap between two popular trails has relented and agreed to allow a trail to be built on their property.

The news comes from the BTA's metro-area advocate Emily Gardner via the BTA Blog (emphasis mine):

"Earlier this year the Oregon Court of Appeals upheld the City’s ordinance that requires a Greenway Trail on the property to be developed by SK Northwest. Following that decision, SK Northwest had the option to continue fighting the trail designation by taking the case to the Oregon Supreme Court...

Instead they have chosen to build the trail alignment on their property, and work with adjacent property owners and the City of Portland to make sure the ultimate plans provide a safe connection between the end of the Eastbank Esplanade and the start of the Springwater Corridor Trail."

Gardner, and other staff and volunteers at the BTA, along with the City of Portland have been following this and fighting for the trail for over two years. According to Gardner, another "integral component" of this effort were several uber-volunteers. She credits Ben Schonberger of Winterbrook Planning, William Kabeisman of Garvey, Schubert and Barer, Rick Nys of Greenlight Engineering, and Christine Cook, attorney at law, "for their expertise and assistance in preparing testimony at key points along the way."

This story marks the 19th I've written on this saga since my initial story Springwater development may nix trail improvement was published back on April 12, 2006. That story touched off significant outcry from many in the Portland community and it feels good to know that more than two years later, the passion and hard work of local advocates, professionals, and volunteers has made such an impact.

A fully connecting trail between OMSI and the Springwater Corridor Trail is still far from reality, but it just became much more possible.

Way to go Portland. And thanks to the BTA for staying on top of this throughout.

___

[For all the background, numerous appeals, and other drama in this saga, check out my archives.]

The BTA reports great news in the ongoing saga of SK Northwest and their battle against building a key piece of trail across their property on the Willamette Riverfront just south of OMSI.

The BTA's Michelle Poyourow writes on their blog that the Oregon Court of Appeals has struck down SK Northwest's latest appeal.

According to Poyourow, SK Northwest's next move could be to try and get their case heard by the Oregon Supreme Court. But, she writes, "the Supreme Court gets to choose which appeals it hears and which it declines."

She also writes that SK Northwest could sue the city for civil damages in federal court for money lost by the trail requirement.

"They have a lot of chutzpah," writes Poyourow, "so while it seems unlikely that the Oregon Supreme Court would hear their appeal, or that they'd be awarded federal damages, they have repeatedly said that they're taking this "all the way."

[NOTE: In addition to SK Northwest, the owner of the Portland Spirit and of the parcel in question, Wayne Kingsley, is also fighting this trail. Back in April 2006 Kingsley told me his main objections to the trail were due to the adverse economic impact it would have and specific security issues it would pose.]

Read more on the BTA Blog.

As reported by Emily Gardner of the BTA on Friday, SK Northwest has filed an appeal with the Oregon Court of Appeals.

It seems SK Northwest, who wants to develop a riverfront parcel for their personal watercraft business, can't accept a recent Land Use Board of Appeals opinion that the city's demand for a trail across the property is justified (and constitutional).

Gardner is encouraging BTA members to take action and write City Council members to,

"thank the City for upholding the code which requires a trail on properties along the waterfront. Furthermore, urge them to uphold the decision of the hearings officer, specifically to find that the city codes are constitutionally correct, and to seek a solution that maintains the opportunity for a continuous trail along the waterfront."

In addition to this appeal -- which by my count is SK's sixth so far -- both sides are also discussing the technical issues around whether or not the proposed buildings encroach on the "Greenway setback" (the City says it does, SK Northwest says it doesn't).

(Also on the SK Northwest side is the owner of the parcel in question, Wayne Kingsley (he also owns Portland Spirit). Shawn Karambelas ("SK") has claimed that Kingsley is forcing him to fight against the trail as a condition of the sale.)

This case is coming up on its third anniversary, prompting one reader (whose been following it very closely) to write:

"It must be about property rights ideologies and ego now. The legal fees they are incurring as a result of these appeals must far exceed the cost of just building the trail. It's sad that it came to this."

A decision on this latest appeal should come in the next six months. Stay tuned for more developments and read past coverage here.

A quick look back at my coverage shows that this would be their fifth appeal since June 2006.

Red shows lot in question.
(Graphic via Google Earth)

According to comments on my recent post by alleged SK Northwest employees, they feel the City should pay for the trail and that a trail across their property would be a threat to public safety.

Employee "Jason" wrote,

"If the city demands we have a trail though our property then I believe they should pay for and maintain it..."

And "M" wrote,

"SK is looking out for the interest of the public. With a trail running through the property, the risk of injuries and causes to health-related issues is high...If Portland is such a bike-friendly town, why are we going to want a bike path going through a hazardous/unsafe zone where bicyclists are prone to accidents?

The city should be responsible for this considering that this particular property is privately owned.

It's like asking Costco or some big business to build a bike path through their parking lot...who would want to do that when you got traffic going in and out constantly?"

I haven't been able to track down the appeal document on the Bureau of Development Services website, but I'll update this post if/when I get a copy of it.

• Here are the first three pages of their intent to appeal (not very exciting really). (PDF, thanks Ben!)
• Here is the Hearing Officer's decision they are appealing (links to a PDF on the BTA Blog).

Stay tuned. This could go on for a long time.

For full coverage, view my SK Northwest archives.

At issue was whether or not SK Northwest has to include a bike/ped trail along their proposed riverfront development.

According to the BTA, SK's most recent appeal was shot down because it,

"failed to include the required greenway trail and included plans to build within the greenway setback."

It's been over a year since news of SK's intentions filtered out into the community and their proposal has been denied several times on various grounds (read the full saga in my archives).

But the BTA's Executive Director Evan Manvel says Friday's decision is especially significant because,

"Even though their first application was denied, the decision found the city's trail requirement to be unconstitutional. Now, with their second application the hearings officer found the trail to be constitutional and the city's trail requirement was upheld."

Read the BTA press release on their blog and browse full coverage of the SK Northwest case in the BikePortland news archives.

Proposed development area.
Click to enlarge graphic

The company has already faced a string of denials from the City of Portland's Bureau of Development Services. The denials (one against the initial proposal and two against appeals to that decision) stem from land-use issues and the developer's unwillingness to incorporate access for a Greenway Trail easement that exists on city planning maps.

The appeal was filed by land owner Wayne Kingsley (he also owns the Portland Spirit cruise ships) and SK Northwest owner Shawn Karambelas. They go before a Land Use Hearings Officer tomorrow morning.

From the appeal document on file with BDS, SK Northwest's lawyers claim that,

"the decision's application of the Greenway Trail designation and the Greenway Design Guidelines imposes an unconstitutional exaction."

Another sticking point for SK Northwest is that they feel even if they granted riverfront trail access, the connection between the Eastbank Esplanade (to the north) and the Springwater Corridor (to the south) would still not be possible (due to other properties on either side, see map above).

In their statement, they maintain that "The Greenway Trail requirement...lacks a nexus to the proposed development," and that the City's, "analysis of impacts and trip generation is erroneous."

BDS is still seeking comments on this proposal. To comment, you may write or testify at the hearing. The case number is LU 06-171821 GW.

For more information about this hearing, view the official hearing announcement (PDF).

I have covered this story extensively since the saga began over one year ago. To learn more, visit my SK Northwest story archives page.

"A trail corridor must be provided to address transportation impacts."
-Bureau of Development Services.

The Portland Bureau of Development Services has issued another denial for SK Northwest. It's been one year since I first broke the story of the company's plans to develop a facility along the Willamette River, just south of OMSI.

SK Northwest -- a dealer of personal watercraft, ATVs, and Segways -- did not want to allow a trail to be built along the property, even though the lot sits right in the middle of a major trail gap that could connect the popular Springwater Corridor and Eastbank Esplanade trails.

In their 22-page decision (download PDF here), the City says the proposed building would “increase demand on existing transportation facilities” including “conflicts between vehicles, bicycles, and pedestrians.” They say a trail is necessary to help alleviate the impacts the new development would create.

Their opposition to the trail, however, was just one of the many problems with their proposal. They also were not able to satisfy the city's Greenway develop criteria, and ran into trouble with stormwater and emergency access issues.

Proposed development area.
Click to enlarge graphic

Their initial proposal was very controversial and touched off a firestorm of opposition in the form of letters, emails, and phone calls to the Bureau of Development Services. This response from the community (only two out of 127 responses was in support of the proposal) led to BDS's decision last June to deny the application.

SK Northwest's lawyers then appealed the decision, but BDS denied their appeal.

Last month, they tried again but BDS held their ground, and on Monday, they rendered yet another denial of SK Northwest's proposed development.

Here's an excerpt from their official decision:

"...a trail corridor must be provided to address transportation impacts and the specific requirements (of various city bureaus) must be satisfied."

Is this a fatal blow to SK Northwest's plans? Stay tuned.

• The official decision goes into detailed analysis of all the issues (and is pretty interesting from a wonky point-of-view). You can download it here (1.4MB PDF).
• For comprehensive coverage of this issue, visit my special SK Northwest archive page.

SK Northwest, a Portland-based retailer of jet-skis and personal watercraft, has submitted another proposal to develop a key parcel of Willamette riverfront land.

The proposal was submitted to the Bureau of Development Services (BDS) on March 1st and once again, it does not include plans for a trail.

You might recall the long and winding saga of this company's attempts to develop land on the Willamette riverfront just south of OMSI. I've covered the story extensively since breaking the news almost one year ago.

SK's initial proposal was denied by the city of Portland, in large part because so many of you wrote in to express your concern and opposition.

The current gap between the southern terminus of the Eastbank Esplanade and the start of the Springwater Corridor trail is not an acceptable long-term option. It winds through heavy industrial land, that includes cement trucks from the busy Ross Island Cement company.

Backers of this proposal claim that even if they included a trail, it wouldn't go anywhere because of a gap that would remain on both sides of them. Indeed, the Portland Spirit property to the north (which has the same owner as the parcel in question, Wayne Kingsley) and the Ross Island Cement Company to the south pose serious problems for a seamless riverfront trail.

However that's not stopping businessman Derek Hanna. He's developing a parcel directly adjacent to the SK Northwest lot and he has worked closely with community groups and has some exciting plans for a trail through his property and along the river.

BTA Executive Director Evan Manvel has met with Hanna and posted about it on the BTA Blog.

Now, we need to let the city of Portand know that SK Northwest should cooperate with the community in a similar fashion.

The current detour around this parcel (and
another one with the same owner) is substandard.

The parcel of land in question sits smack dab in the middle of one of, if not the most heavily ridden (and currently one of the most inconvenient and dangerous) trail segments in the city.

If you would like to weigh in on this application, the public comment period ends March 22nd.

Letters should be directed to Kate Green at the Bureau of Development Services, and CC'd to Randy Leonard (the Commissioner in charge of BDS).

Personal stories of how this development might impact our community should be mailed to:

City of Portland
Bureau of Development Services
ATTN: Kate Green
RE: Case File Number, LU 06-171821
1900 SW Fourth Ave. Suite 5000
Portland, Oregon 97201

You can also email Kate Green and Commissioner Leonard. To make it easier, I've made this handy mailto link that fills everything in for you.

Read the full proposal in PDF form here.

The BTA is watching this case closely and from a comment left on their blog, it seems Shawn Karambelas (the "SK" in SK Northwest) might attend the Hosford-Abernethy neighborhood meeting this Thursday (3/15) next Tuesday (3/20).

A decision on this proposal will be made on March 29th.