The Portland Bureau of Transportation (PBOT) is removing three of four blocks of a public street plaza on NW 13th Avenue today, after a year and a half of public engagement. Due to three businesses' lack of compliance with design guidance and numerous site challenges, PBOT has determined that these spaces have not succeeded as Public Street Plazas.
Ongoing problems and community complaints with operations, over privatization of the right-of-way, and low public satisfaction were taken into account when making the decision to remove three blocks of street plaza. The three businesses have not complied with plaza requirements, despite more than a year of notice and four deadline extensions. Of the original four plaza blocks on NW 13th initially established during the pandemic, PBOT will focus on just one block between NW Everett and NW Flanders streets as a fully pedestrianized space. The three blocks between NW Flanders and NW Irving streets will be restored to two-way traffic with shared street conditions.
PBOT’s Portland Street Plazas program allows the public to use the entire width of a street to create vibrant, community centered spaces, with design guidance that allows business uses that are open, rather than walled off. Public Street Plazas overwhelmingly have strong public support. In most cases, neighborhood groups actively request and advocate for plazas, providing on-going programming, regular litter cleanups and collaboratively working with PBOT on plaza amenities and public art.
The bureau held many meetings and interviews in 2024 with neighbors and business owners in the area to improve the conditions of the NW 13th Avenue plaza and conducted a public survey that generated 466 responses. PBOT heard strong opposition to large private outdoor dining structures dominating public plaza space, concerns about late night noise, negative behaviors, and, at times, violence, in the plaza, as well as issues with illegal parking, blocking of emergency lanes, and lack of visibility for pedestrians. An overwhelming majority of respondents supported a public street plaza on NW 13th Avenue, but only if done well.
Survey respondents repeatedly commented that large and enclosed outdoor dining structures on NW 13th Avenue detracted from the openness and welcoming nature of a plaza and created safety and accessibility concerns. Further, Portland Fire & Rescue also raised concerns about the roofs of the large structures creating fire hazards, the blocking of a building fire escape and inability to access fire department water connections on the building facade. Unlike roofs in other outdoor dining areas in Portland, the roofs on NW 13th Avenue are just a few feet from the roofs of nearby buildings.
As early as January 2024, PBOT provided notice to the owners of three outdoor dining structures indicating that they would no longer be allowed to have their over-sized structures in the street after Dec. 31, 2024. Businesses were given specific design guidance that would allow a platform with a smaller footprint and no roof to be approved for use in 2025 by PBOT.
The bureau offered four deadline extensions, allowing the businesses time to become compliant by Feb. 1, March 1, May 11 (weekly fines began) and June 1. To date, they have not complied. As a result, PBOT will be moving forward with the removal of these plaza blocks due to lack of compliance, declining public support at this location, and ongoing maintenance and operations issues.
The historic buildings and loading docks on NW 13th Avenue have inspired many aspirations of creating a pedestrian-focused corridor. As the Pearl District Development Plan, approved by City Council in 2001, observed:
"NW 13th Avenue, as it runs through the historic district from Davis Street to Johnson Street, is like no other in Portland. This eclectic mix of narrow travel lanes, on-street parking, loading docks and pedestrians does not function like a typical street. This character should be maintained and extended north of Johnson Street through the industrial transition area."
PBOT regrets the removal of these plaza blocks and continues to hope that businesses and community members can collaborate on ways to activate the corridor in a way that meets the intent of maintaining open, welcoming public space and honors the historic nature of the district.
The challenges faced with the NW 13th Avenue plaza stands in contrast to the 16 Portland Public Street Plazas and over 575 permitted outdoor dining installations where PBOT's partnerships with businesses have strong local community support. PBOT is a national leader in creating pathways and programs for the public to use streets and other public right-of-way for community uses. Starting in 2012, the Street Seats Program permitted 15 businesses for outdoor dining in on-street parking spaces, with design competitions among architects and successful public street plazas that became tourist draws. The bureau's Healthy Businesses Program enabled more than 1,000 Portland restaurants to use streets and sidewalks for free during the COVID-19 pandemic, providing a lifeline that led to an award from Travel Portland for "the greatest overall contribution to the travel industry" in 2021.
As businesses and the public have recovered from the pandemic era limits on indoor dining, PBOT worked with dozens of businesses to create new rules to make outdoor dining on city streets attractive and safe. More than 500 have permits under the Outdoor Dining Program that the city council approved in 2023, allowing businesses to use on-street parking spaces, following rules for public access and paying reasonable annual fees that cover the city's costs.
The three businesses that are out of compliance will be fined $500 a day until the structures are removed.
In summary:
- For more than two years, neighbors and other business owners on NW 13th have complained about large, oversized structures that dominate the public plaza space.
- Permits for outdoor dining for the three businesses expired Dec. 31, 2024.
- The outdoor dining structures on NW 13th are two to three times larger than any other approved for operations in Public Street Plazas.
- PBOT gave the businesses ample time to change their installations, and multiple deadline extensions.
- PBOT provided guidance that would allow larger installations in the NW 13th Avenue plaza than would be allowed for outdoor dining adjacent to travel lanes: 10 feet wide plus 2-foot buffer allowed in a plaza, compared with 7 feet for dining space in an on-street parking space. After more than six months of deadlines, the businesses failed to comply. The three installations range from 13 feet wide plus a buffer to 25 1/2 feet wide with walls.
- On April 1, PBOT notified the businesses that they would be fined on a weekly basis if they were not compliant by May 11. For failure to comply, fines were invoiced May 15, May 22 and May 28.
- On June 1, fines began to be assessed daily for obstruction of the right-of-way.
Source: PBOT