2004-611-Order No. 2004-024 Recorded 3/24/2004REVIEWvC.I
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LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
IIIIIIII IIIIIIIIIIIIIIIIIII (III
2004-631
RECORDS CJ
CLERK
2004■611
03/24/2004 02;53;07 PM
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 Bull Bat Lane
L.I.D. for the improvement of a Certain Dedicated
Public Road Known as all of Bull Bat Lane within
Tall Pines, Fourth Addition Subdivision, Known
as Bull Bat 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.
* ORDER NO. 2004-024
WHEREAS, the Board of County Commissioners, By Resolution 2004-001 initiated the improvement
of certain dedicated public roads known as Bull Bat Lane 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 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 a certain dedicated public road
known as Bull Bat Lane Deschutes County, Oregon, marked Exhibit "A", attached hereto and by this reference
incorporated herein, be accepted and hereby approved.
Section 2. That a public hearing to hear objections to the proposed final assessment shall be held on
Wednesday, April 28, 2004 during the 10:00 a.m. Board of Commissioners' meeting located in the Deschutes
County Commissioner's Hearings Room, Administration Building, 1130 NW Harriman, Bend, Oregon 97701.
PAGE 1 OF 1- ORDER No. 2004-024 - BULL BAT LID
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.
DATED this day of , 2004.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Recording Secretary
PAGE 2 of 2- ORDER No. 2004-024 - BULL BAT LID
OF DESCHUTES COUNTY, OREGON
TES
EXHIBIT "A"
Road Department
C) 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: February 3, 2004
SUBJ: Feasibility study for the Bull Bat Lane 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 Bull Bat Lane from Day Road west to the cul-de-
sac bulb in Tall Pines, Fourth Addition. Due to this petition, the Deschutes County Board of
Commissioners initiated a Local Improvement District by Resolution No. 2004-001 signed on
January 14, 2004.
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 subdivision approximately 7
miles northwest of La Pine. The subdivision is accessed from Highway 97 by way of Burgess
Road and Day Road.
Burgess Road intersects with Highway 97 north of La Pine. Day Road intersects with Burgess
Road three miles west of Highway 97. Burgess Road is designated as a rural Arterial and Day
Road is designated as a rural Collector on the Transportation Plan Map. Bull Bat Lane intersects
with Day Road. All of the lots within the boundaries of the LID abut on the road to be improved.
Quality Services Performed with Pride
Bull Bat Lane LID
2 of 6
The road within the proposed LID is currently an unpaved road consisting of decomposed
aggregate and dirt. The road was built to serve lots in the Tall Pines subdivision in the middle
1970's. Bull Bat Lane was not constructed to current County standards and is not included in the
County maintained road system. The County bears no responsibility for maintaining this road.
Maintenance of the road must be provided by owners of the property served by this road.
Since the road is unpaved, is prone to extensive washboarding and rutting, which requires
frequent grading to smooth the ruts and washboards out. Repeated grading, snowplowing, and
the effects of traffic have caused the base material to nearly disappear from the roadway. In
many places the road is now down to dirt, with rocks showing through.
A map of the area is attached hereto as Exhibit 1.
OPTIMAL LOCATION AND EXTENT OF THE IMPROVEMENT
The road to be improved 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 Bull Bat Lane within this part of the subdivision 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 DISTRI
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 improvements 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, it will be constructed to standards
appropriate for rural local roads.
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 20 feet, a base depth of 6 inches of crushed aggregate and
a surface of either a 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.
Bull Bat Lane 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 Surveydnng - 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.
Subgrade - earthwork will be required to construct subgrade. There will be some
construction required to provide proper drainage.
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 a two inches in depth of asphaltic concrete surface. The
pavement width will be twenty feet wide.
Miscellaneous Work - resetting mailboxes, moving utilities, drainage, and obtaining right-
of-way.
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. Except for areas where the current road base does not
align with the right-of-way, the road to be improved is already laid out and in use. The terrain is
generally flat in nature, with some areas where excavation and embankment will be required. If
slopes extend outside of the right-of-way, easements will be obtained from the property owners
affected.
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.
Bull Bat Lane LID
4of6
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.
As to the requirements of the zones themselves, the proposed improvements are located within
Rural Residential (RR-10) zone. Class I]I 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 2004-001. "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.
The engineer has determined the maximum actual cost of the proposed local improvement,
including interim financing, is $32,000.
Attached as Exhibit "3" is a detailed schedule of the cost estimate.
The estimate construction costs are based on 2003 project costs for similar types of construction.
A contingency has been added to the construction costs estimate to cover unexpected cost
overruns due to unforeseen construction complications and to reflect the possibility of higher
construction costs due to increase in the costs of materials and labor.
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.
Bull Bat Lane 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 a rural local road,
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). The roads to be improved currently do not
meet AASHTO safety standards.
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.
The status of the roads, as improved to County standards, will allow the County to accept the
roads into the County maintained road system for maintenance. The County currently has a
policy of not accepting roads or streets into the County maintained road system that have not
been constructed to County standards. Such roads are not maintained by the County and if
property owners who use them wish them to be maintained they must take responsibility for such
maintenance.
Unimproved roads require frequent maintenance to keep them from getting rutted and
washboarded. This can be an expensive undertaking, especially when additional base material is
added. 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.
In a heavy snow winter, these roads often need to be snow plowed. As County maintained roads,
the improved roads would be plowed by the County according to the County's schedule for
plowing. Properties not abutting the improvements will not gain the benefits of County road
maintenance.
Direct access from a paved road will improve the property values of the abutting properties.
Bull Bat Lane LID
6 of 6
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 114" of this report.
MAXIMUM ASSESSMENT AGAINST EACH LOT
The maximum assessment against each lot or parcel to be included in the LID is:
$32,000 / 10 lots = $3,200.00 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 "5" is the analysis by the County Finance Director regarding
financial feasibility of the project.
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Exhibit 3
BULL BAT LANE
LOCAL IMPROVEMENT DISTRICT
COST ESTIMATE
ITEM
QUANTITY
UNIT PRICE
COST
MOBILIZATION
All
Lump Sum
$ 2,500
CONST. SURVEYING
All
Lump Sum
1,190
TEMP. TRAFFIC CONTROL
All
Lump Sum
400
TEMP. SIGNS
20 S.F.
$8.00
160
FLAGGERS
20 HRS
$33.00
660
CLEARING & GRUBBING
All
Lump Sum
900
EARTHWORK
350 C.Y.
$11.00
3,850
FINISH ROADBED
522 L.F.
$ 2.00
1,044
WATERING
100 M.G
$ 5.00
500
6" OF BASE
1,160 S.Y.
$ 4.40
5,104
2" OF A.C.
130 TNS
$ 37.00
4,810
2' AGG. SHOULDERS
232 S.Y.
$ 2.50
580
DRAINAGE
All
Lump Sum
100
DRIVEWAYS
7 EA.
$500.00
3,500
SUBTOTAL
$25,298
CONST. CONTINGENCY
10%
2,530
SUBTOTAL
$27,828
ENGINEER &
ADMINISTRATION
15%
4,172
TOTAL LID COST
$32,000
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EXHIBIT #5
Bull Bat Lane 2004
Local Improvement District
Financial Analysis DE ,C;-;;!YES CO
?T
1. Assessment to Value Ratios u~
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
8 80% 10:1 or greater
2 20% 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 522 feet of road is to be improved and 10 lots are to benefit from this
road.
No one-property owner owns more than two lots within the boundaries of the LID.
The Assessor's records show 8 of the 10 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. All of the lots property taxes are paid.
II. Risk Related Undeveloped Land
Approximately 20% (2 lots) of the property within this area are undeveloped. Of the
undeveloped properties, all have value to assessment ratios greater than an 8:1 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: March 25, 2004
TO: ((NAME1))
(NAME2))
NAME3))
(ADDRESS))
((CITY)), ((STATE)) (ZIP))
DESCRIPTION OF IMPROVEMENT PROJECT: BULL BAT L.I.D.
DESCRIPTION OF BENEFITED PROPERTY: (ACCOUNT))
Estimated Cost of Improvement: $32,000.00
Estimated Amount of Assessment: $3,200.00
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 Tall Pines, Fourth Addition
Subdivision, located approximately 7 miles north of LaPine. The road to be improved is within the Tall
Pines, Fourth Addition 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. Upon completion of the proposed improvement, the roads will be accepted into the County Road
System, and will be maintained by Deschutes County.
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, DURING THEIR APRIL 28, 2004 MEETING WHICH STARTS 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
On Behalf of the Board of County Commissioners