2003-744-Order No. 2003-034 Recorded 4/3/2003DESCHUTES COUNTY CLERK DS Yd 2003'744
REVIEWED NANCY COMMISSIONERS' JOURNAL 04/03/2003 08;13.40 AM
UNSEL 111111111111111111111111111111111
2003-000744
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order declaring the intention to create a Local
Improvement District known as Covina Road
L.I.D. for the improvement of Certain Dedicated
Public Roads Known as apportion of Covina Road
from Lunar Drive to Solar Drive in Deschutes
River Recreation Homesites Subdivision, Known
* ORDER NO. 2003-034
as Covina Road L.I.D., Deschutes County,
Oregon Accepting the Engineer's Feasibility
Report, Setting the Hearing for Remonstrance,
and Authorizing the Road Director to Give Notice
of Said Hearing.
WHEREAS, the Board of County Commissioners, By Resolution 2003-012 initiated the improvement
of certain dedicated public roads known as Covina Road L.I.D.; and
WHEREAS, the County Engineer has investigated the feasibility of making the improvements,
estimated the cost of the improvements, proposed a method of assessment and estimated the amount of the
assessments against each of the specially benefited properties, in accordance with 12.48.150 of the Deschutes
County Code; and
WHEREAS, the Board has considered the Engineer's report and has determined to proceed with the
proposed improvements, subject to the notice and hearing requirements of Chapter 12.48 of the Deschutes
County Code; and
WHEREAS, the Engineer conducted a mail poll of all the owners of all specially benefited lots within
the L.I.D. in accordance with Section 12.48.166 of the Deschutes County Code. The poll approval rate is
greater than 60% of the owners of land representing over 60% of the total amount of the estimated assessment
for the proposed local improvement; and
WHEREAS, Section 12.48.170 of the Deschutes County Code requires that the Board provide notice to
specially benefited property owners and set a hearing for the purpose of hearing remonstrances to said
improvements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the Engineer's report relating to the improvement of certain dedicated public roads
known as a portion of Covina Road from Lunar Drive to Solar Drive within Deschutes River Recreation
Homesites Subdivision, Deschutes County, Oregon, marked Exhibit "A", attached hereto and by this reference
incorporated herein, be accepted and hereby approved.
PAGE 1 OF 2- ORDER NO. 2003-034 - COVINA ROAD LID
Section 2. That a hearing be set on May 7, 2003, at 10:00 a.m. at the Deschutes County Board of
Commissioner's Hearing Room, Administrative Building, 1130 NW Harriman, Bend, Oregon for the purpose of
hearing remonstrances to said improvements.
Section 3. That, subject to the hearing process set forth by Chapter 12.48 of the Deschutes County
Code, the LID be formed and the improvements carried out as described in said Engineer's Report.
Section 4. That the Road Department Director be authorized to notify benefited property owners of the
said hearing and proposed improvement, in a form substantially as contained in Exhibit "B", attached hereto and
by this reference incorporated herein.
fi
DATED this fday of 2003.
ATTEST:
rbM~UL&k~A-
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESC COUNTY, OREGON
DE IS R. LUKE, C air
TOM DEWOLF,S' missioner
0111104?~11,
M L M. DAL om ssioner
PAGE 2 OF 2- ORDER No. 2003-034 - COVINA ROAD LID
TES
EXHIBIT "A"
2
Road Department
MEMORANDUM 61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: Gary Judd, Engineer
DATE: January 3, 2003
SUBJ: Feasibility study for the Covina Road L.I.D.
This report is made pursuant to Section 12.48.150 of the Deschutes County Code concerning the
engineering investigation, by the Deschutes County Road Department, for proposed local road
improvements.
Deschutes County received a petition from certain property owners to improve a certain
dedicated public road known as that portion of Covina Road from Solar Drive to Lunar Drive in
Deschutes River Recreation Homesites Inc. Due to this petition, the Deschutes County Board of
Commissioners initiated a Local Improvement District by Resolution No. 2003-012 signed on
February 3, 2003.
The Resolution was referred to the Deschutes County Road Department for the completion of a
feasibility study of the proposed local improvements in accordance with Deschutes County Code
12.48.150. This report constitutes the engineer's findings.
GENERAL DESCRIPTION OF THE ROAD AND SURROUNDING AREA
The area in which the road improvements are sought constitutes a portion of Deschutes River
Recreation Homesites subdivision approximately one mile southwest of Sunriver. The
subdivision is accessed from Highway 97 by way of South Century Drive and Spring River Road.
South Century Drive intersects with Highway 97 ten miles south of Bend. Spring River Road
intersects with South Century Drive at Sunriver. Both of these County roads are designated as
rural arterials on the Transportation Plan Map. Solar Drive and Lunar Drive both intersect with
Spring River Road and Covina Road. Solar Drive, Lunar Drive, and Covina Road are all
classified as rural local roads. All of the lots within the boundaries of the LID abut on the
portion of Covina Road to be improved.
Quality Services Performed with Pride
Covina Road LID
2 of 6
Covina Road within the proposed LID is currently an unpaved, gravel road maintained by
Deschutes County. The road was originally built to serve lots in Deschutes River Recreation
Homesites subdivision in the early 1960's. Covina Road was not constructed to current County
standards, but was established as a County Road for maintenance in 1965. The County has
maintained this road since then. Since Covina Road is an unpaved road between the times it is
graded it is prone to washboarding, rutting and traffic using the road creates dust. The Road
Department does grade Covina Road in the Spring and Fall when the moisture content of the
base material is high. During the summer months grading is ineffective and washboards, ruts and
dust problems all occur within a few weeks of being bladed. During the winter months the
ground is often frozen making grading impossible.
A map of the area is attached hereto as Exhibit 1.
OPTIMAL LOCATION AND EXTENT OF THE IMPROVEMENT
Covina Road is classified as a local street by the Deschutes County Transportation Plan.
Meaning that the purpose of this road is to carry local traffic and primarily serve lots abutting the
subject street. See DCC 17.08.620(F).
Since all Covina Road between Lunar Drive and Solar Drive is included in the Local
Improvement District, this is an optimal location and extent of the project. The proposed
improved road will facilitate orderly development and efficient use of infrastructure throughout
the neighborhood as well as effective maintenance of the improvements.
BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT
DCC 12.48.130 requires that properties to be assessed be included within the boundaries of a
designated local improvement district (LID). Properties to be included in a LID are properties
that are benefited by the proposed local improvements. Attached as part of Exhibit 2 of this
report is a map showing the boundary of the proposed local improvement district and the
benefited properties, along with the location of the improvement and the road to be improved.
Properties abutting or have their only access from a road improvement are presumed to benefit
from such construction. Accordingly, except as noted herein, the boundaries of the LID have
been drawn to include those properties abutting or have their only access from the improvements.
Because the road is designated as a rural local road, they will be constructed to standards
appropriate for a rural local road.
A map of the Local Improvement District is attached hereto as Exhibit 2.
DESCRIPTION OF THE CONSTRUCTION DESIGN
The construction standards for local streets are found in the County subdivision ordinance. See
DCC 17.48.010. The relevant standards are set forth in Section 17.48.050 and Table A. Those
standards require a pavement width of at least 20 feet, a base depth of 6 inches of crushed
aggregate and a surface of 0-9 mat or 2" of AC. The road must be designed to the safety and
design standards of the American Association of State Highway and Transportation Officials
(AASHTO). These standards as adapted to rural local streets reflect the designation and function
of the improvement as a local street.
Covina Road LID
3 of 6
This engineer's report has been drafted anticipating that the work to be done will meet the rural
local road construction standards. The following is a description of the proposed work under
those standards:
Mobilization - normal mobilization costs incurred in preparation of the work.
Construction Surveying - setting slope stakes, subgrade stakes, and base stakes for the
contractor to construct the road.
Traffic Control - signs and flaggers will be provided to warn, safeguard, protect, guide, and
inform the public and workers.
Base - placing, shaping, compacting, and fine grading of base will be required. A six inch
depth of aggregate base will be utilized for the roadway and a four inch depth of aggregate
will be used for driveway approaches.
Paving - the paving will be an 0-9 Oil Mat surface. The pavement width will be a
minimum of twenty feet wide.
Engineering and Administration - the expenses incurred by the County in the preparation of
plans and specifications, inspection, surveying, accounting, payment collection, and interim
financing costs.
From the staff's review of the proposal and the site, it does not appear that there is anything that
would make the proposal unfeasible from a technical standpoint. All right-of-ways are dedicated
to the public with a width of sixty feet. The road to be improved is already laid out and in use.
The terrain is generally flat in nature, no excavation or embankment will be required.
CONSISTENCY WITH LAND USE REGULATIONS
There are two considerations to be looked at in assessing whether the proposed improvements are
consistent with zoning requirements. First, whether the class of the road improvement is one that
would require land use approval and second, whether the requirements of the applicable zones
would require land use approval.
In this case, the proposed improvements would be considered to be a Class III road or street
project. Class III road and street projects are those involving modernization, traffic safety
improvements, maintenance, repair, or preservation of a road or street. See DCC 17.08.625(C).
Improvements falling within this classification do not as a general rule require a land use permit.
As a general rule, it is only when modernization involves widening by more than one lane that a
land use permit is required. See, e.g., DCC 17.08.625(B) regarding Class II road and street
projects. That scenario is not presented by the proposed road improvements.
Covina Road LID
4 of 6
As to the requirements of the zones themselves, the proposed improvements are located within
Rural Residential (RR-10) zone. Class III road improvements in the RR-10 zone are outright
permitted uses. See DCC 18.60.020(F). The proposed project is consistent with the RR-10
zoning and may proceed without obtaining permits. Given that zoning allows for the proposed
improvement, the project is feasible from a land use perspective.
DETERMINATION OF MAXIMUM ACTUAL COST
Under DCC Chapter 12.48; assessments for local improvements may include, in the costs to be
assessed to benefiting properties, the "actual cost of the local improvement project. "Actual
costs" includes all direct and indirect costs incurred by the County to undertake a capital
construction project such as that proposed by Resolution No 2003-012 "Actual costs" includes
but is not limited to; the cost of labor, materials, supplies, equipment rental, property acquisition,
permits, engineering, financing, legal, administration, depreciation, amortization, reserve for
delinquencies, or defaults, and debt service. Administrative expenses may include those incurred
in preparation for formation of a local improvement district, such as meeting with property
owners, preparing and processing the feasibility report, and providing notice and conducting
hearings.
Since this is an existing County maintained road and the County is currently responsible for the
maintenance and improvements to the existing road and the County has no plans to pave Covina
Road. The Road Department agreed with the property owners that the property owners will only
be responsible for the cost of paving. All other cost, including base preparation, surveying,
engineering, traffic control, administration, etc; will be paid for by the County Road Department.
The engineer has determined the property owners' maximum actual cost of the proposed local
improvement is $15,000. The estimate construction costs are based on 2002 project costs for
similar types of construction.
Attached as Exhibit "3" is a detailed schedule of the cost estimate.
PROPOSED METHOD OF ASSESSMENT
The recommended method of assessment, to arrive at a fair apportionment of the actual cost of
the local improvement to the properties specially benefited, is to divide the total cost of the
project or maximum actual cost, which ever is less, by the number of specially benefited lots.
This per lot apportionment method is recommended due to differing lot sizes, shapes, and
frontages, the presence of corner lots, and takes into account densities prescribed by zoning in the
area. The differences amongst the lots make for difficulties in apportionment if an alternative
apportionment method based on frontage or acreage were to be used. Since most of the lots
have more or less an equal size, it is reasonable to assume that each abutting lot will have only
one residence; therefore, the ability to use the improvements would be the same per lot regardless
of the frontage a particular lot has.
Covina Road LID
5 of 6
The boundaries of the LID have been drawn to include only properties that abut or directly access
onto the proposed improvements. All included properties are zoned RR-10. Given the existing
zoning, the size of the subject parcels, and the nature of existing development in the area, it is
reasonable to assume that future development on the vacant lots in the proposed LID will be for
residential uses.
SPECIAL BENEFITS TO ASSESSED PROPERTIES
All of the properties to be assessed abut the proposed improvements. As rural local roads,
abutting properties may take access directly from any of the road segments to be improved.
After the improvements are finished, all properties proposed to be assessed will have the entirety
of their access be by way of a paved improved road designed and constructed to County
standards. County standards reflect the safety and design criteria of the Association of State
Highway and Transportation Officials (AASHTO).
Direct access from paved, improved roads will reduce wear and tear on vehicles and generally
make access to the abutting properties for the entire length of the access more convenient.
Direct access from paved, improved roads will improve response time from emergency service
vehicles, such as fire trucks and ambulances. Emergency service vehicles will not be required to
slow down to negotiate bad stretches of road.
Direct access from paved, improved roads will reduce dust raised by vehicles traveling past
residences on aggregate roads.
Unimproved roads require frequent maintenance to keep them from getting rutted and
washboarded. Often, the washboards and ruts will reappear on the surface of the road after only
a week and the road will need to be regraded.
Direct access from a paved road will improve the property values of the abutting properties.
For all these reasons, the properties to be assessed are specially benefited from the proposed
improvements.
Exhibit "2" is a drawing showing specially benefited properties.
DESCRIPTION AND ASSESSED VALUE
A description and assessed value of each lot or parcel to be specially benefited by the local
improvements and included within the LID boundaries, with the names of the owners of record,
is attached as Exhibit "4" of this report.
Covina Road LID
6 of 6
MAXIMUM ASSESSMENT AGAINST EACH LOT
The maximum assessment against each lot or parcel to be included in the LID is:
$15,000 / 18 lots = $833.33 per lot.
This is the assessment against each lot that the County agrees not to exceed, if the actual costs are
less than the engineer's estimate then the assessment against each lot will be reduced.
FINANCIAL CONSIDERATIONS
DCC 12.48.150(B) addresses minimum requirements for the financial feasibility of the proposed
project. Attached as exhibit 115" is the analysis by the County Finance Director regarding
financial feasibility of the project.
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Exhibit 3
COVINA ROAD
LOCAL IMPROVEMENT DISTRICT
COST ESTIMATE
fT.FI11
QUAN"I IT)'
UNIT PRICE
COST
MOBILIZATION
All
Lump Sum
$ 4,000
CONST. SURVEYING
All
Lump Sum
2,000
TEMP. TRAFFIC CONTROL
All
Lump Sum
1,108
TEMP. SIGNS
120 S.F.
$8.00
594
FLAGGERS
60 HRS
$33.00
450
FINISH ROADBED
1,979 L.F.
$ 2.00
3,958
WATERING
371 M.G
$ 5.00
1,854
6" OF BASE
5,277 S.Y.
$ 4.40
23,220
2' AGG. SHOULDERS
880 S.Y.
$ 3.50
3,078
DRIVEWAYS
18 EA.
$300.00
5,400
COUNTY CONSTRUCTION
COST
$45,662
PAVING (0-9 oil mat)
III
15,000
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EXHIBIT #5
Covina Drive
Local Improvement District
Financial Analvsis
1. Assessment to Value Ratios
The ratio of assessed property value to the estimated LID assessment is one means of
determining the financial risk. The ratios and lot percentages in the LID are as follows:
Number of Lots % of Project Ratio Analysis
18 100% 10:1 or greater
0 0.0% 5:1 to 10:1
0 0.0% 2:1 to 5:1
0 0.0% 2:1 or less
The following information was compiled by the Deschutes County Road Department:
Approximately 2,000 feet of road is to be improved and 18 lots are to benefit from this
road.
No one-property owner owns more than one lot within the boundaries of the LID.
The Assessor's records show 14 of the 18 lots developed; therefore DCC 12.48.330
"MINIMUM REQUIREMENTS FOR LOCAL IMPROVEMENTS INVOLVING
UNDEVELOPED LAND" does not apply. However, all of the lots meet the 2:1 value
test in A.I. Only one of the lots have property taxes owing.
II. Risk Related Undeveloped Land
Approximately 22% (4 lots) of the property within this area are undeveloped. Of the
undeveloped properties, all have value to assessment ratios greater than a 10:1 ratio.
III. Interim Financing
Outside interim financing for this project may be required. Bonding for these
assessments will be required on behalf of property owners.
IV. Long-term Financing
Ballot Measure 50 has not affected our ability to issue limited tax improvement bonds for
a project such as this one, according to our financial advisor for recent bond issues.
Marty Wynne
Finance Director, Deschutes County
EXHIBIT "B"
NOTICE OF PROPOSED ROAD IMPROVEMENT
DATE: April 2, 2003
TO: (NAMED
((NAME2)
((NAME3))
(ADDRESS)
((CITY)), (ST) (ZIP)
DESCRIPTION OF IMPROVEMENT PROJECT: COVINA ROAD L.I.D.
DESCRIPTION OF BENEFITED PROPERTY: (ACCOUNT)
Estimated Cost of Paving: $15,000.00
Estimated Amount of Assessment: $833.33
The Board of County Commissioners has initiated the above improvement. The County Engineer has
made a favorable report to the Board of County Commissioners regarding the proposed improvement.
The Engineer's report relating to the proposed LID is on file and available for public examination.
The area affected by the proposed local improvement is a portion of the Deschutes River Recreation
Homesites Inc. Subdivision, located approximately 1 mile Southwest of Sunriver. The roads to be
improved are all of Covina Road between Lunar Drive and Solar Drive within the Deschutes River
Recreation Homesites Inc. Subdivision. The benefiting lots that would be assessed for the proposed
improvement include those lots abutting the aforementioned road improvements shown on the attached
list.
IF YOU OBJECT TO THE PROPOSED IMPROVEMENT AND ASSESSMENTS, YOU ARE REQUIRED
TO FILE WRITTEN OBJECTION, IF ANY, WITH THE BOARD OF COUNTY COMMISSIONERS, C/O
DESCHUTES COUNTY ROAD DEPARTMENT, 61150 S.E. 27TH STREET, BEND, OREGON 97702,
WITHIN 20 DAYS AFTER THE MAILING OF THIS NOTICE, OR BY ORAL TESTIMONY AT THE
PUBLIC HEARING ON THE PROPOSED IMPROVEMENTS BEFORE THE BOARD OF COUNTY
COMMISSIONERS, WHICH WILL BE HELD ON MAY 7, 2003 AT 10:00 A.M. IN THE DESCHUTES
COUNTY BOARD OF COMMISSIONER'S HEARING ROOM, ADMINISTRATIVE BUILDING, 1130 NW
HARRIMAN, BEND, OREGON.
If more than 50% of the owners of land representing more than 50% of the total amount of the
assessment for the proposed improvement file objections, the proposed improvement will be declared
abandoned and no new resolution shall be adopted within a period of one year. If the required number of
objections are not received, the improvement will proceed and you will be notified of the actual
assessment when it is determined by the Engineer.
This assessment, as finally approved by the Board of County Commissioners, will be entered into the lien
docket of Deschutes County and will be released when the assessment is paid in full. Owners may apply
to make payments in installments which can be paid over a ten-year period.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM BLUST, Road Department Director
06 Behalf of the Board of County Commissioners
MEMORANDUM
TO: Board of County Commissioners
FROM: Gary Judd, Engineer
DATE: March 26, 2003
SUBJ: Covina Road Local Improvement District
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
BACKGROUND
On February 3, 2003 the Board of County Commissioners (BOCC) referred the Covina Road
Local Improvement District (LID) to the Road Department to complete an Engineer's Report (see
attached) and to conduct a Mail Poll of the property owners.
DISCUSSION
The Engineer's report found the Covina Road LID project to be feasible and estimated the cost of
paving the 2,000 foot long project to be $15,000. The property owners will only pay for the cost
of paving the road. The portion of Covina Road to be paved is a County maintained road,
therefore the Engineer's Report found that other cost associated with this project should be paid
from the County Road fund.
There are 18 lots within the boundaries of the LID. The estimated cost of each assessment is
$833.33. Deschutes County has guaranteed not to exceed this assessment cost.
Seventeen of the property owners returned their ballot by the postmark deadline of March 7,
2003. Deschutes County Code No. 12.48.166 requires that 60% of the owners must vote yes for
the LID to be eligible for further consideration by the Board.
The mail poll results are:
VOTES IN FAVOR 15 lots 83%
VOTES AGAINST 2 lots 11%
DID NOT VOTE 1 lot 6%
RECOMMENDATION
The Road Department recommends that the Board approve the Order to set a public hearing and
directing notice be given to the property owners of the hearing. Owners shall have the right to
object to further prosecution of the LID either by filing a written objection or by oral testimony at
the hearing.
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