Hearings Officer: File Z0036-23 - Aug. 17, 2023

Appellant: Surface Nursery, Inc

Applicant: Portland Water Bureau

Property Owner: Surface Family Trust, Debra M. Surface, Trustee; and Nathan Burkholder and Brittany Burkholder

Proposal: To construct an emergency access road to serve a proposed water filtration facility in Multnomah County. The applicant characterizes the use as a “utility facility necessary for public service”, which is a use potentially allowed in the Exclusive Farm Use zone. The emergency access road is proposed to have an all-weather gravel surface and to vary in width from 20 to 26 feet (widening to 26 feet around the proposed fire hydrants) and will include fiber optic cable, a water supply line and two fire hydrants. The applicant also proposes a temporary construction access road with an all-weather gravel surface and a width of 30 feet. A temporary construction easement is also proposed adjacent to the emergency access road. Both the temporary and permanent easements will vary in width.

Planning Director’s Initial Decision: Approved with conditions in part and Denied in part.

  • The conditional approval was for the emergency access road only.
  • The temporary construction road proposed to extend southwest across tax lot 200 from the proposed emergency access road was excluded from this approval. Temporary construction easements adjacent to the emergency access road are limited to those needed to accommodate construction of the emergency access road. The land use decision did not authorize use of the emergency access road by filtration plant construction traffic.

Applicable Zoning and Development Ordinance and Comprehensive Plan Criteria: Section(s) 202, 401, 1002, 1003, 1004, 1006, 1007, 1009 and 1307.  
These criteria may be viewed online 

Site Address and/or Location: 36181 SE Bluff Rd, Boring, OR 97009; along the eastern property boundary of 36181 SE BLUFF RD, directly north of the intersection of SE Bluff with SE Proctor Rd. and SE 362nd Ave

Assessor’s Map & Tax Lot(s): T1S R4E Section 27 Tax Lots 00100 and 00200 and T1S R4E Section 26 Tax Lot 04800, W.M.

Property Size: Approximately 53.91 acres in three separate tax lots.

Zoning: Exclusive Farm Use (EFU)