HomeMy WebLinkAboutOrder 008 - Pinewood Est SRD FormationES
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 6, 2010
Please see directions for completing this document on the next page.
DATE: December 28, 2009
FROM: Laurie E. Craghead. Legal 388-6623
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2010-008, Approving the Formation of the Pinewood Country
Estates Special Road District, Establishing the name and Boundaries of the Proposed District and
Setting a final Hearing Date.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
On November 30, 2009, the Deschutes County Board of Commissioners approved Order 2009-073
accepting a Petition for the Formation of the Pinewood Estates Special Road District and Setting a
Hearing Date. That hearing date was set for January 6, 2010. At the January 6, 2010 hearing, if the
Board approves the district formation, ORS 198.810(2) requires that the Board set a date, time and
place for a final hearing not less than 20 or more than 50 days from the date of the order. Order 201(,-
008 approves the district formation and sets the hearing for February 3, 2010 at 10:00 am in the Barnes
Room, Deschutes County Services Building at 1300 NW Wall Street, Bend, Oregon.
FISCAL IMPLICATIONS:
The County will be expending staff time in the preparation of the documents, the scheduling of the
Board hearings and will have charges for the publication of the hearing notices. Each of the required.
two hearings will require two published notices. If the district is formed, the district will be charged br
the costs of the formation. If the district fails to form, the petitioners will be responsible for the
county's costs.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign Order 2010-008
ATTENDANCE: Laurie E. Craghead
DISTRIBUTION OF DOCUMENTS:
Copy to Georgia Springer.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Formation of the
Pinewood Country Estates Special Road
District, Establishing the Name and
boundaries of the Proposed District and
Setting a Final Hearing Date
ORDER NO. 2010-008
WHEREAS, the formation of the Pinewood Country Estates Special Road District was diIy
initiated by the Board of County Commissioners of Deschutes County, Oregon ("Board") on November
30, 2009; and,
WHEREAS, an initial hearing on the proposed formation was duly noticed and held on
November 30, 2009 for the Board to hear any objections thereto, and to determine whether, in
accordance with the Comprehensive Plan, applicable Land Conservation and Development Goals and
the criteria prescribed by ORS 199.462 and 198.805, the affected area would be benefited by the
formation of a County District under ORS 267.510 et seq.; and
WHEREAS, after consideration of economic, demographic and sociological trends arid
projections pertinent to the proposal, past and prospective physical developments of the land that
would directly or indirectly be affected by the proposal, and all other matters considered to be releva it
to the proposed district formation, the Board believes that the area would be benefited by the
formation of a Special District under ORS 267.510 et seq.; and
WHEREAS, the proposed Pinewood Country Estates Special Road District, if formed, will
have a permanent rate limit for operating taxes of $2.50 per $1,000 assessed value that will raise an
estimated $12,598.00 in operating funds for the District in the 2011-2012 fiscal year, which will require
an election on the question of formation and establishment of the permanent rate limit; and,
WHEREAS, notice was published and posted listing the name of the proposed district as the
Pinewood Country Estates Special Road District, the Board desires to designate the name of the
district as the Pinewood Country Estates Special Road District; and
WHEREAS, ORS 198.810(2) requires the Board to fix a place, and a time not less than 20 nor
more than 50 days after the date of the order, for a final hearing on the petition and February 3, 2010
is the first available date that complies with the statutory requirements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
orders as follows:
Section 1. That the formation of the Pinewood Country Estates Special Road District h.a
approved.
Section 2. That the name of the proposed special district shall be the Pinewood County '
Estates Special Road District and the boundaries shall be as legally described in Exhibit "A" an J
depicted on the map Exhibit "B", both exhibits being attached hereto and by this referenc
incorporated herein.
Page 1 of 2 - ORDER NO. 2010-008 (01/06/10)
Section 3. That the proposed Pinewood Country Estates Special Road District, if formed, will
have a permanent rate limit for operating taxes of $2.50 per $1,000 assessed value that will raise an
estimated $12,598.00 in operating funds for the District in the 2011-2012 fiscal year.
Section 4. That the Pinewood Country Estates Special Road District shall be authorized to
take all necessary and proper steps to construct, improve and maintain the public roads contaired
within the district's boundaries and engage in the powers of the district authorized by ORS 371.336.
Section 5. That the final hearing regarding formation of the service district shall be held at
10:00 am on Wednesday, February 3, 2010 in the Hearing Room of the Deschutes County Services
Building at 1300 NW Wall Street, Bend, Oregon.
Section 6 . Notice of Hearing shall be given in substantially the form set forth in Exhibit ",
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin January 17, 2010 and January 27, 2010, and posted on
January 17, 2010 in three public locations within the county as follows: One notice shall be posted on
or near the doors of the meeting room of the Board of County Commissioners; one notice upon any
official bulletin board customarily used for the purpose of posting public notices within the county; and
one notice shall be posted upon any official public bulletin board customarily used for the purpose of
posting public notices within the proposed district. Notices posted shall be for not less than five (5)
consecutive days.
Section 7 . That the proposed formation complies with the applicable land use criteria and t he
Board adopts as is its findings relating to that criteria Exhibit "D", attached hereto and incorporated
herein by reference.
Section 8 . At the time of the final hearing, the Board will enter its final order directing 'he
County Clerk to hold an election on the question of forming the proposed district and he
establishment of a permanent tax rate limit.
Dated this day of January, 2010
BOARD OF COUNTY COMMISSIONERS
DENNIS R. LUKE, CHAIR
ATTEST: ALAN UNGER, VICE -CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
Page 2 of 2 - ORDER NO. 2010-008 (01/06/10)
Legal Description of the territory proposed to be included in the Pinewood Country
Estates Special Road District:
All of the lots, blocks and roads in the official plat of Pinewood Country Estates
(originally platted at Sitkum Acres) in Section 36, Township 20 South, Range 10 E.
Willamette Meridian, Deschutes County, Oregon EXCEPTING THEREFROM Lot 5,
Block 3 of Pinewood Country Estates and that portion of Maple Drive therein encircled
by said Lot 5.
Page 1 of ] - Exhibit A of Order No. 20] 0-008
BIC II OL din 335
rection
3IC II Bt MI 33S
Page 1 of 1 - Exhibit B of Order No. 2010-008
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed formation of the Pinewood Country Estates Specia
Road District will be held on Wednesday, February 3, 2010, at 10:00 a.m. in the Board o!
County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon.
To view the map and legal description of the boundaries of the proposed annexation, contact
the Deschutes County Counsel's Office at 388-6623.
The proposed formation shall be referred to as the "Pinewood Country Estates Special Roac
District." The purpose of the proposed district is to construct, improve and maintain the public
roads contained within the district's boundaries and engage in the powers of the distric.
authorized by ORS 371.336.
The proposed Pinewood Country Estates Special Road District, if formed, will have a
permanent rate limit for operating taxes of $2.50 per $1,000 assessed value that will raise ar
estimated $12,598 in operating funds for the District in the 2010-2011 fiscal year.
All interested persons may appear and be heard. Upon conclusion of this final hearing, the
Board will enter its order creating the district and directing the issue of the district formation anc
tax rate to be placed on the May 18, 2010 ballot for a vote by the electors of the proposec
district.
Deschutes County conducts public meetings in locations which are wheelchair accessible
Deschutes County also provides reasonable accommodations for persons with disabilities. Foy
persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the
State transfer relay service for TTY. At meetings of the Board of County Commissioners the
county will provide an interpreter for hearing impaired persons who give at least 48 hours notice
of the request. Written information will be made available in large print or audio format. Tc
request these services, please call (541) 388-6571.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
Page 1 of 1 - Exhibit C of Ordcr No. 2010-008
Community Development Department
Planning Division • Building Safety Division • Environmental Health Division
mmmmi
117 NW Lafayette Avenue • Bend, Oregon • 977 ]1-1925
[541 ] 388-6575 • FAX[541]335-1764
MEMORANDUM http://www.co.deschutes.or us/cdd/
DATE: December 9, 2009
TO: Georgia Springer, Legal Assistant
FROM: Paul Blikstad, Senior Planner
RE: Formation of Pinewood Estates Special Road District, Your File No. 16/5-
002
The Deschutes County Comprehensive Plan, which is acknowledged to be in
compliance with the Statewide Planning Goals, encourages the formation of special
service districts to serve rural needs.
Under the Public Facilities section of the County Comprehensive Plan, General Policies,
is the following policy:
5. Deschutes County shall encourage the formation of special service
districts to serve rural needs rather than becoming involved with
serving those needs. The County will foster coordination and
mutual planning between the County, special districts, utility
companies and service corporations. This shall include common
trenching where appropriate.
Road Districts are an important aspect of rural development. Many lots and parcels
ilave been creaied iri Deschutes County, prior io Statewide Zoning Keguiations, without
benefit of having improved and maintained roads. These road districts promote both
better roads and maintenance of those roads, as well as provide improved emergency
access. Staff finds that the proposed Pinewood Estates Special Road District is
consistent with the County Comprehensive Plan and Statewide Planning Goals.
Page 1 of 1 - Exhibit D of Order No. 2010-008
Quality Services Performed with Pride