HomeMy WebLinkAboutHearing - Hydroelectric FacilitiesDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 28, 2008
Please see directions for completing this document on the next page.
DATE: July 22, 2008
FROM: Cynthia Smidt Community Development Department
317-3150
TITLE OF AGENDA ITEM:
The continuation of a public hearing and consideration of first reading for Ordinance 2008-018
Amending Title 18, of the Deschutes County Code Zoning Ordinance Deschutes County Code Chapter
18.48 to permit hydroelectric facilities in the Open Space and Conservation Zone.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
Central Oregon Irrigation District and Swalley Irrigation District proposed an amendment to the
Deschutes County Code, Chapter 18.48, Open Space and Conservation Zone that would permit
hydroelectric facilities on existing irrigation systems (piped canals) in order to develop sustainable
energy production in Deschutes County. The amendment would allow for the hydroelectric facilities to
be permitted outright.
The Planning Commission held a public hearing on May 8, 2008 and recommended approval of the
proposed text amendment without any changes.
The Board of County Commissioners held a public hearing on July 21, 2008. The Board decided to
keep the record open and continue the public hearing to Monday, July 28, 2008.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends the Board continue the public hearing, listen to testimony, and consider whether to
have a first reading by title only of Ordinance 2008-018.
ATTENDANCE: Cynthia Smidt
DISTRIBUTION OF DOCUMENTS:
Cynthia Smidt
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://wvvw.co.deschutes.or.us/cdd/
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Cynthia Smidt, Associate Planner
DATE: July 25, 2008
HEARING DATE: July 28, 2008
SUBJECT: Continued Public Hearing for Open Space and Conservation Zone Text
Amendment; TA -08-4
The Deschutes County Board of Commissioners (Board) held a public hearing on July 21, 2008,
at the Deschutes Services Center. There was a consensus among the present Commissioners at
the July 21 hearing that the proposed use of hydroelectric facilities on irrigation systems should
have some degree of land use review and not be a use permitted outright. Staff requested and
the Commissioners agreed to keep the record open and continue the hearing to July 28, 2008.
This time allowed for staff and the applicant to construct draft standards necessary for land i -se
review.
The applicant and staff developed the following criteria that could be used to address the small
hydroelectric facilities in the Open Space and Conservation (OS&C) zone.
A. "Small hydroelectric facility" means a hydroelectric facility that qualifies for a Federal Energy
Regulatory Commission ("FERC') Conduit Exemption use.
B. DCC Chapter 18.84 and Sections 18.116.130 and 18.128.260 are not applicable to small
hydroelectric facilities.
C. An application for a small hydroelectric facility in an OS&C Zone shall demonstrate
compliance with the following requirements:
1. The project will utilize water flows already diverted;
2. The diversion is equipped with fish screens at the point of diversion;
3. Water flows entering the facility shall be piped;
4. The project's installed generating capacity will be less than 15 megawatts.
5. The diversion is made by an irrigation district using water rights certificated by the Oregon
Water Resources Department;
6. The proposed project will utilize no more than the existing water right;
7. The proposed project will not use more water than is seasonally allowed, or more v 'ater
than is allowed under the rate and duty for the applicable water rights certificate;
Quality Services Performed with Pride
8. The proposed project will generate hydropower as a secondary purpose of the irrigation
system; and
9. The irrigation district will continue to divert only as much water as is necessary to serve
irrigation patrons in the irrigation district's system.
10. The proposed project shall not alter the temperature of the water.
D. Prior to issuance of a building permit, the applicant shall provide the County with documentation
of the FERC and state licenses for the small hydroelectric facility.
E. The applicant shall demonstrate protection of public health and safety by specifying necessary
fencing, signage, and shielded lighting to protect the public from the electrical generation and
transmittal process.
F. The County may require establishment and maintenance of fire breaks, the use of fire resistant
materials in construction and landscaping, or attach other similar conditions or limitations that
will reduce fire hazards or prevent the spread of fire to surrounding areas.
G. The applicant shall submit conceptual construction plans and profiles of project features,
including building elevations, colors and textures to be used, and landscape plans.
1. The project shall be designed and built to minimize visual impacts.
2. Structures shall be finished in muted earth tones (i.e. browns, greens, and grays) that blend
with and reduce contrast with the surrounding vegetation and landscape of the building site.
3. No large areas, including roofs, shall be finished with white, bright or reflective materials.
4. Roofing, including metal roofing, shall be non -reflective and of a color which blends with the
surrounding vegetation and landscape.
5. Landscape plans shall be subject to DCC 18.48.070(F).
H. The applicant shall demonstrate adequate vehicular access to the project site.
1. The applicant shall demonstrate that the technology proposed for the application is designed to
protect the overall integrity of the water flow and operation of the irrigation system both above
and below the project location on the facility.
J. Grading and tree removal shall be performed only as necessary to comply with the above
criteria.
As indicated above, the Board agreed that the use should not be permitted outright without soy ne
level of land use review. By using the developed criteria above, there are two options for land
use review. The first option to consider is to amend the OS&C zone to allow for small
hydroelectric facilities as a use permitted outright (DCC 18.48.020) but the use would be subject
the standards listed above. The creation of a new section (DCC 18.48.070) in the OS&C zone
would list these limitations. Under this option, the applicant would be required to apply for an
Administrative Determination (AD) application. The current fee for an AD is $935 and the
processing time is 4 - 6 weeks. This first option is of minimal risk and will provide more certainty
to the applicant.
The second option is to amend the OS&C zone to allow for small hydroelectric facilities as a
conditional use in DCC 18.48.030. The above listed criteria would be added to the Conditional
Uses chapter of the County Code, Section 18.128.260 addressing hydroelectric facilities. The
proposed use would be subject to the new criteria only. However, the standards in DCC Section
18.128.015, General Standards Governing Conditional Uses, would apply. The standards
presented in DCC 18.48.060, Limitations on Conditional Uses, should not apply to this project
because they would prohibit the use. Under this option, the applicant would be required to apply
for a Conditional Use (CU) permit. The current fee for a CU is $1,665 and the processing time is
6 - 8 weeks. This option contains more risk to the applicant with Tess certainty of the outcome.
Staff recommends that the Board of County Commissioners continue the Public Hearing, listen to
testimony, discuss, and decide on what option for the proposed text amendment.
BOCC Staff Report TA -08-4 Pa e 2