2004-656-Order No. 2004-033 Recorded 4/7/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 1004.656
REVIE D NANCY BLANKENSHIP, COUNTY CLERK
/ COMMISSIONERS' JOURNAL 44/4/1044 41;54:08 PM
LEGAL COUNSEL 11,111111,11JI1111111IIIIIII IIII
2004-a
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Amending Order No. 2004-025 to
correct a Scrivener's Error, Nunc Pro Tunc as
of March 29, 2004 which declares the
intention to create a Local Improvement
District known as Oasis L.I.D. for the
improvement of Certain Dedicated Public
Roads Known as all of Oasis Drive, Oasis
Lane, Antler Avenue, 85th Street, 89th Street
and 83`d Street in Cline Falls Oasis and Cline
Falls Oasis #2 Subdivisions, Known as Oasis
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. 2004-033
WHEREAS, a Scrivener's error was detected on April 5, 2004, to Order No. 2004-025, and
WHEREAS, Exhibit "A" and Exhibit "B" of Order No. 2004-025 is amended as attached and by
this reference is incorporated herein, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That Exhibit "A" and Exhibit "B" of Order 2004-025 is amended as attached and by
this reference incorporated herein.
DATED this day of , 2004, Nunc Pro Tunc as of March 29,
2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
. DALY,
ATTEST:
6RA-a-, ('50~
" - zz~
DENNIS R. LUKE, Commissioner
9y -S24~-t-
TOM DEWOLF, Commissioner
Recording Secretary
PAGE 1 OF 1- ORDER No. 2004-033
v-ES
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Vrol"41
EXHIBIT "A"
MEMORANDUM
TO: Board of County Commissioners
FROM: Gary Judd, Engineer
DATE: April 5, 2004
SUBJ: Amended Feasibility study for the Oasis L.I.D.
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
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 certain dedicated
public roads known as Oasis Drive, Oasis Lane, Antler Avenue, 85th Street, 89th Street, and 83rd
Street in Cline Falls Oasis and Cline Falls Oasis #2 subdivisions. Due to this petition, the
Deschutes County Board of Commissioners initiated a Local Improvement District by Resolution
No. 2003-135 signed on December 10, 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 a subdivision
approximately 3 miles west of the City of Redmond known generally as Cline Falls Oasis
subdivision. The subdivision is adjacent and directly north of Eagle Crest Subdivision, although
there is no interconnection.
The primary access for the Subdivision is Oasis Drive, which intersects with Highway 126.
Oasis Drive is designated as a rural local on the Transportation Plan Map. Oasis Lane and 83rdth
Street intersect with Oasis Drive. Antler Avenue intersects with 83rd Street, and 85th Street and
89th Street intersect with Antler Avenue. All of the lots within the boundaries of the LID abut on
one of the roads to be improved.
Quality Services Performed with Pride
FEASIBILITY STUDY
OASIS LID
2 of 6
The roads within the proposed LID are currently unpaved roads consisting of decomposed
aggregate and dirt. The roads were built to serve lots in Cline Falls Oasis subdivisions in the late
1960's. None of the roads in the LID are constructed to current County standards and are not
included in the County maintained road system. The County bears no responsibility for
maintaining these roads. Maintenance of the roads must be provided by owners of the property
served by these roads.
Since the roads are unpaved, they are 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 roads are 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 roads to be improved are classified as local streets by the Deschutes County Transportation
Plan. Meaning that the purpose of these roads is to carry local traffic and primarily serve lots
abutting the subject streets. See DCC 17.08.620(F).
Since all of the roads within this part of the subdivision are included in the Local Improvement
District, this is an optimal location and extent of the project. The proposed improved roads 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 roads to be improved.
Properties abutting or have their only access from an improved road 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 roads are designated as rural local roads, they will be constructed to standards
appropriate for rural local roads.
A map of the Local Improvement District is attached hereto as Exhibit 2.
FEASIBILITY STUDY
OASIS LID
3 of 6
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 or 24 feet, a base depth of 6 inches of crushed
aggregate and a surface of 0-9 mat or 2" of AC. Roads 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.
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.
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 four feet on Oasis Drive, 83th Street, and Antler Avenue.
Pavement width will be twenty feet on 85th Street, 89th Street and Oasis Lane.
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 the western portion of Antler Avenue. The
southern thirty feet of the right-of-way, for this portion Antler Avenue, was dedicated by the
subdivision. The property owner to the north has agreed to dedicate the right-of-way for the
northern 30 feet of this portion of Antler Avenue.
FEASIBILITY STUDY
OASIS LID
4of6
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 rolling 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.
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 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 2003-135 "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 approximately $440,000.
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.
FEASIBILITY STUDY
OASIS LID
5 of 6
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.
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.
There is a large undeveloped parcel of land (tax lotl512100002200) that receives it's only access
from Antler Avenue, a road to be improved by the LID. Under existing zoning (RR-10) this
parcel, 40 acres, could be developed into a maximum of four lots, if Antler Avenue is improved.
Without road improvements it would be reasonable to expect that the lot would only be
partitioned into three lots. Since this parcel would be specially benefited by the proposed road
improvements, it has been included within the LID boundary and will be assessed as three (3)
lots.
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). 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.
Oasis Local Improvement District
1000 0 1000 2000 Feet
"M W
N
December 2, 2003
A
Location of
Oasis LID
Exhibit I"
DESCHUTES COUNTY
sr
I/% /Subject Roads DIVISION
Of GIS State Highway J~ Anderson, 61$~m
ose: (54113888581, email: jahnapAasrhums.orp
Po
~V County Roads 811598P.21thSt.BeW.eR.811D2
Other Roads The information on We map was derived Prom dqW databases an
~J Other Taxiots mop, ubsCoa.S. Carewautesnnreaeatlmoft
pt any
map, but It is providrwided'as is". Deschutes county cannot accept
responsibility for mars, ornissiats, or positional accuracy in the digiW
. dab or ft underlying ncards. Then are no warmotles. a or or fitn LID Boundary impflock cc~~ gdit d. Howeverr,,no6Acatim
of any arras wiDbe appreciated.
p:tav_projectstlocal improvement districtMoasM id.apr
Exhibit 3
OASIS LOCAL IMPROVEMENT DISTRICT
COST ESTIMATE
ITEM
QUANTITY
UNIT PRICE
COST
MOBILIZATION
All
Lump Sum
$ 23,000
CONST. SURVEYING
All
Lump Sum
19,000
TEMP. TRAFFIC CONTROL
All
Lump Sum
4,000
TEMP. SIGNS
375 S.F.
$8.00
3,000
FLAGGERS
150 HRS
$33.00
5,000
CLEARING & GRUBBING
All
Lump Sum
11,000
EARTHWORK
5,000 C.Y.
$11.00
55,000
FINISH ROADBED
8,500 L.F.
$ 2.00
17,000
WATERING
1,000 M.G
$ 5.00
5,000
6" OF BASE - 20 FT.
7,000 S.Y.
$ 4.40
31,000
6" OF BASE - 24 FT.
14,000 S.Y.
$ 4.40
62,000
2' OF A.C. - 20 FT.
800 TNS
$ 35.00
28,000
2" OF A.C. - 24 FT.
1,600 TNS
$ 35.00
56,000
2' AGG. SHOULDERS
3,700 S.Y.
$ 3.00
11,000
DRIVEWAYS
40 EA.
$300.00
12,000
SUBTOTAL
$342,000
CONST. CONTINGENCY
10%
34,000
SUBTOTAL
$376,000
INTERM FINANCING
8,000
ENGINEER &
ADMINISTRATION
15%
56,000
TOTAL LID COST
$440,000
FEASIBILITY STUDY
OASIS LID
6 of 6
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.
For all these reasons, the properties to be assessed are specially benefited from the proposed
improvements.
Exhibit 112" 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.
MAXIMUM ASSESSMENT AGAINST EACH LOT
The maximum assessment against each lot or parcel (including the 3 assessments for TL
#1512100002200) to be included in the LID is:
$440,000 / 48 assessments = $9,166.66 per assessments.
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 #5
Oasis
Local Improvement District
Financial Analysis
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 Protect Ratio Analysis
36 78% 10:1 or greater
9 20% 5:1 to 10:1
1 02% 2:1 to 5:1
0 0.0% 2:1 or less
The following information was compiled by the Deschutes County Road Department:
Approximately 8,500 feet of road is to be improved and 46 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 35 of the 46 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 24% (11 lots) of the property within this area are undeveloped. Of the
undeveloped properties, all but one of the lots have value to assessment ratios greater
than an 5:1 ratio.
III. Interim Financing
Outside interim financing for this project will 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"
AMENDED
NOTICE OF PROPOSED ROAD IMPROVEMENT
DATE: April 7, 2004
TO: ((NAME1))
((NAME2))
((NAME3))
((ADDRESS))
((CITY)), ((ST)) ((ZIP))
DESCRIPTION OF IMPROVEMENT PROJECT: OASIS L.I.D.
DESCRIPTION OF BENEFITED PROPERTY: ((ACCOUNT))
Estimated Cost of Improvement: $440,000.00
Estimated Amount of Assessment: $9,166.66
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 Cline Falls Oasis and Cline Falls
Oasis #2 Subdivisions, located approximately 3 miles west of The City of Redmond. The roads to be
improved are all of Oasis Drive, Oasis Lane, Antler Avenue, 85th Street, 89th Street and 83rd Street within
the Cline Falls Oasis and Cline Falls Oasis #2 Subdivisions. 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, WHICH WILL BE HELD ON MAY 5, 2004 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