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MEMORANDUM
DATE: May 22, 2014
TO: Board of County Commissioners
FROM: Paul Blikstad, Senior Planner
RE: Ordinance Text Amendment submitted by Central Oregon Irrigation District (File
No. TA-13-4)
BACKGROUND:
Central Oregon Irrigation District (COID) applied for an ordinance text amendment to amend
Deschutes County Code Title 19, Chapter 19.20, Suburban Low Density Residential Zone (SR-
2.5), to add the following use to the list of Permitted Uses in 19.20.020:
E. Operation, maintenance, and piping of existing irrigation systems operated
by an Irrigation District, except as provided in DCC 18.120.0501.
According to COID, the text amendment will allow the piping of the existing Pilot Butte Canal
located within the SR-2.5 zone, to serve their hydro-electric facility located approximately 3
miles to the north. Creating more water pressure for water flow for the facility will increase the
output of the hydro plant. The water saved by piping (no leakage or evaporation) will be
dedicated to in-stream flows for the Middle Deschutes River.
Due to the amount of interest and testimony that was generated by this application, three
hearings2 were held before the Deschutes County Planning Commission on this request. The
hearings were conducted on: February 13, March 13, and March 27, 2014. Additionally, the
Planning Commission conducted a site visit to the proposed canal piping area on the afternoon
of March 27th before the hearing. There was approximately 8 hours of testimony over these
three hearings, and the record includes many letters and other documents, including pictures,
that were submitted in opposition to the request. There is an extensive written record on the
text amendment, which can be viewed on the County’s website3.
There was a substantial amount of opposition to the request. Staff believes that the main
concerns expressed by property owners who would be affected by the proposed piping were:
1 The applicant’s proposal referenced DCC 18.120.050, which is part of Title 18 not Title 19. If the Board were to
approve the requested amendment, staff believes the reference should be to DCC 19.92.130.
2 The first hearing included notice in the Bulletin as required under DCC 22.12.020(A). The next two hearings were
continuations of the first hearing and were not noticed. However, statements were made by the Planning
Commission chairperson indicating that the hearing was continued to a particular date.
3 http://lava5.deschutes.org/research/index.cfm?fuseaction=research.getAllDocs&pid=171232AC03600
BOCC Memo (TA-13-4) Page 2
Diminished property values from having a stream-like feature adjacent to their
property being replaced by a very large pipe covered by soil (and possibly wire
fencing to prevent access and vandalism).
Loss of open space and views, as well as wildlife habitat, by installation of the large
pipe and soil covering. The large size of the pipe (9-foot diameter), combined with
the soil covering (3 feet deep) will negatively impact views.
The proposed text amendment request should be conducted on an urban growth
boundary basis, rather than just the SR-2.5 zone (i.e. a holistic approach to
reviewing piping within the UGB).
The proposed piping project deals exclusively with providing more water pressure for
the hydro-electric facility, and has little to do with water conservation.
The proposed text amendment will not get the applicant the desired outcome – the
piping, because it is directly related to the hydro plant (i.e. the piping would require a
conditional use permit approval because it is part and parcel of the hydro facility).
The proposal did not meet the applicable BAGP goals, policies or language.
The proposed text amendment is reviewed for conformance with the Bend Area General Plan
(BAGP). Staff provided the Planning Commission with the attached matrices for their use
during deliberations. While not specifically listing certain goals or policies of the BAGP, the
Planning Commission voted 4-0 to deny the applicant’s request, finding that it was not in
compliance with the Plan. Additionally, Commissioner Turner was not able to attend the
deliberations, but expressed in writing his opinion that the piping was part of the hydro plant that
requires a conditional use permit, and that the proposal did not meet the BAGP policies.
PROCESS
The Planning Commission, under DCC 22.12.010, is required to review the proposed legislative
change. Staff determined that a public hearing should be held, and noticed of the initial hearing
was printed in The Bulletin. Notice of the Board’s hearing will also be provided.
Attached for your review is a copy of the proposed text amendment request. Additionally, staff
is including the memo and matrices prepared by staff for the Planning Commission. I am also
providing you with two maps that show where the SR-2.5 zone is located, along with the Pilot
Butte Canal. Again, there is a substantial amount of written material, all of which can be
reviewed (and printed) at your convenience.
I have scheduled this for the Board’s work session on June 16, 2014 for discussion, and a
public hearing (an evening hearing) for July 2, 2014. Depending upon the amount of testimony
received, a second hearing date may be necessary. If you should have any questions, feel free
to contact me at your convenience.