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2004-661-Order No. 2004-030 Recorded 4/7/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 200461 K c6va-,~ NANCY BLANKENSNIP, COUNTY CLERK COMMISSIONERS' JOURNAL 04/07/2004 02:50;08 PM LEGAL OUNSEL II IIIIIIII II I I I II I I ICI I it l 11 i l I 2004-661 i 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 Kiowa Drive L.I.D. for the improvement of Certain Dedicated Public Roads Known as all of Kiowa Drive and 93rd Place within Whispering Pines Subdivision, Known as Kiowa Drive L.I.D., Deschutes County, * ORDER NO. 2004-030 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 2003-126 initiated the improvement of certain dedicated public roads known as Kiowa Drive 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 certain dedicated public roads known as Kiowa Drive and 93rd Place Deschutes County, Oregon, marked Exhibit "A", attached hereto and by this reference incorporated herein, be accepted and hereby approved. Section 2. That a hearing be set on May 12, 2004, 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. PAGE 1 OF 2- ORDER NO. 2004-030 - KIOWA DRIVE 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 ATTEST: day of , 2004. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NU-t Recording Secretary TOM DEWOLF, Commissioner PAGE 2 OF 2- ORDER No. 2004-030 - KIOWA DRIVE LID J-~ES M, EXHIBIT "A" MEMORANDUM TO: Board of County Commissioners FROM: Gary Judd, Engineer DATE: March 30, 2004 SUBJ: Feasibility study for the Kiowa Drive 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 Kiowa Drive and 93rd Place in Whispering Pines subdivision. Due to this petition, the Deschutes County Board of Commissioners initiated a Local Improvement District by Resolution No. 2003-126 signed on November 12, 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 5 miles north of the City of Bend, known generally as Whispering Pines subdivision. The subdivision is accessed from Highway 97 by way of Tumalo Road and the Bend Redmond Highway. The Bend Redmond Highway is designated as a Rural Arterial and Tumalo Road is designated as a Rural Collector. The primary access for this portion of the subdivision is Kiowa Drive which intersects with the Bend Redmond Highway. Kiowa Drive is designated as a rural local on the Transportation Plan Map. 93rd Place is a cul-de-sac that intersects with Kiowa Drive. 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 KIOWA DR. 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 Whispering Pines subdivision 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, the benefited properties, along with the location of the improvement, and the roads 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 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 KIOWA DR. 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. Sub rg ade - 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 Kiowa Drive. Pavement width will be twenty feet on 93rd Place. 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. There is a small portion of right-of-way at the intersection of Kiowa Drive and 93rd Place that needs to be obtained. The property owner is the Oregon Department of Transportation and they have agreed to dedicate the right-of-way for this intersection. FEASIBILITY STUDY KIOWA DR. 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 and Multiple Use Agriculture (MUA) zone. Class III road improvements in the RR-10 and MUA zone are outright permitted uses. See DCC 18.32.020 (E) and (F). The proposed project is consistent with the RR-10 and MUA 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 2003-126 "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 $148,500. Attached as Exhibit 113" is a detailed schedule of the cost estimate. FEASIBILITY STUDY KIOWA DR. LID 5 of 6 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. 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 or MUA. 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). 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. FEASIBILITY STUDY KIOWA DR. 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 114" of this report. MAXIMUM ASSESSMENT AGAINST EACH LOT The maximum assessment against each lot or parcel to be included in the LID is: $148,500 / 21 lots = $7,071.43 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. owa vement District .I :r 1000 0 1000 Feet DESCHUTES COUNTY November 4, 2003 ROAD DEPARTMENT 61S DIVISION Jahn Anderson, CIS Specialirt Phe.Y:IFAn 3(AI.85f11, mnait jahna¢ldnediufes.ar8 Affected Roads N L. 1. D. Boundary Other Roads Affected Parcels Other Taxlots fllt58S.E.17thSt„&nd[Rfl7782 The Information on tMe map was derived from dpW databases an N Desch""` County` Qla °'e wasteken I" me creation ofthla map, but It Is provided'as Is". Deschutes County cannot accept any responsi"Sly ft am=, a"'xlo"s, or positional accuracy In the dgttal lots or the underlying records. Thera are no warranties. express or implied, induding thawananty of merchartabifity or fitness; for a A particular purpose, accompanying We product. However, notiAcadon of any eras will be appreciated. p:1av_projectsUoca1 improvement districtsNowaVid.apr Exhibit 3 KIOWA DRIVE LOCAL IMPROVEMENT DISTRICT COST ESTIMATE ITEM QUANTITY UNIT PRICE COST MOBILIZATION All Lump Sum $ 10,200 CONST. SURVEYING All Lump Sum 5,700 TEMP. TRAFFIC CONTROL All Lump Sum 1,800 TEMP. SIGNS 100 S.F. $8.00 800 FLAGGERS 129 HRS $31.00 4,000 CLEARING & GRUBBING All Lump Sum 4,000 EARTHWORK 1,900 C.Y. $11.00 20,900 FINISH ROADBED 2,550 L.F. $ 2.00 5,100 WATERING 480 M.G $ 5.00 2,400 6" OF BASE 5,682 S.Y. $ 4.40 25,000 2" OF A.C. 641 TNS $ 37.00 23,700 2' AGG. SHOULDERS 1,120 S.Y. $ 2.50 2,800 DRIVEWAYS 22 EA. $500.00 11,000 SUBTOTAL $117,400 CONST. 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(y J fly - CO , J CO LL (0 T- J V! Ii VI ~ J fn - a U) CO o Q Opp =Y0 (L CY) C) M Z ce) Cpm CD r ItT Z J ~ ~ O w00 Y O Q J fl~ M W 't Z < ,t Z cy) a. ti r Q J J J W W Z o DnJ0') ~ (D CL Z Z M rn 0 It Z Q IL (L (o QLnm 06 U W oQrn QO0 O Z- 0 C)p M Z CY) fn((oco r ItT It 'IT 14, U) U) o w U) QZU W W Z Y= C/) M U Z) Lo IL 0 N 0 J N M O Y I LO O It am 0) ca a L X W H v M U Oo W o OX Zw CY) W W O~ ai Lr) N w 0 z P: w w LLJ J d a i 2 W O m 0W z xa~ z 0 w O ~ H wx~QQ Ypwp W~ CL C) °o 0 0U) amzwY Clf W W~ Nrn0U) o ci~Uwo «.WZt ,JCna(o U3: z of C-4 J W p ~ O O W w a- zzooo 12 of C) Z 20 ~ Q QQ~ zn N EXHIBIT #5 Kiowa 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 Project Ratio Analysis 19 90% 10:1 or greater 2 10% 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 2,700 feet of road is to be improved and 21 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 17 of the 21 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. Property taxes are paid on eighteen of the lots. II. Risk Related Undeveloped Land Approximately 19% (4 lots) of the property within this area are undeveloped. Of the undeveloped properties, all of the lots have value to assessment ratios greater than a 9:1 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" NOTICE OF PROPOSED ROAD IMPROVEMENT DATE: April 8, 2004 TO: (NAM E 1)) ((NAME2)) «NAME3» (ADDRESS)) ((CITY)), (ST)) (ZIP)) DESCRIPTION OF IMPROVEMENT PROJECT: KIOWA DRIVE L.I.D. DESCRIPTION OF BENEFITED PROPERTY: (ACCOUNT)) Estimated Cost of Improvement: $148,500.00 Estimated Amount of Assessment: $7,071.43 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 Whispering Pines Subdivision, located approximately 5 miles north of the City of Bend. The roads to be improved are all of Kiowa Drive and 93'd Place within the Whispering Pines 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, WHICH WILL BE HELD ON MAY 12, 2004 DURING THE 10:00 A.M. COMMISSION MEETING 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