City of Hood River, Oregon
Resolution No. 2016-26
A Resolution approving the formation of the Mountain Vistas Phase I
The City Council for the City of Hood River adopts the following findings:
WHEREAS, in Chapter 13.17 of the Hood River Municipal Code (HRMC) the City authorizes the formation of reimbursement districts in situations where a developer is required to construct a public improvement that includes additional or oversized public facilities that would or could specially benefit property other than the property owned by the developer; and
WHEREAS, on March 24, 2014, the City granted preliminary plat approval for the Mountain Vistas Subdivision (File No. 2013-29), a 98-lot residential subdivision, that required, among other things, the extension and construction of public and private utilities to the site and the extension and improvement of certain public streets; and
WHEREAS, Condition 15 of the Mountain Vistas Subdivision approval required the extension of 5th Street to the development site and full-street improvements of this street segment that also abuts three existing platted residential lots on the west side of 5th Street, one of which was developed at the time of construction of the improvements, which will benefit from these street frontage and related improvements; and
WHEREAS, on December 7, 2015 the Mountain Vistas developer applied to form a reimbursement district under HRMC Ch. 13.17 to recover certain costs of the 5th Street improvements and utility extensions that specifically benefit the two existing undeveloped lots on the west side of 5th Street, asserting that these full-street improvements and related utility extensions were over-sized and had excess capacity beyond what was needed to serve the Mountain Vistas Subdivision; and
WHEREAS, the public improvements for which the developer seeks reimbursement include the design and construction of street frontage improvements along approximately 425 lineal feet of 5th Street north of Sieverkropp Drive, an 8-inch water main, a 15-inch storm sewer main, associated appurtenances for these systems and repairs to existing sanitary sewer service laterals serving the two undeveloped properties on the west side of 5th Street; and
WHEREAS, all design and construction costs for these improvements were paid for by the Mountain Vistas developer and specially benefit the two existing, undeveloped parcels on the west side of the street, but the City Engineer has determined that not all of these costs are fully recoverable as over-sized improvements under HRMC Ch. 13.17 through a reimbursement district; and
WHEREAS, the Mountain Vistas developer requested reimbursement of $73,364.13, which is an amount derived from paid invoices for the design and construction of these public improvements and are on file with the City's Engineering Department; and
WHEREAS, the developer seeks reimbursement from the two existing and specially benefitted parcels on a per-parcel basis, over a 10-year period as allowed by HRMC Ch. 13.17; and
WHEREAS, the City Engineer reviewed the application to form the Mountain Vistas Reimbursement District and determined that the properties illustrated in Exhibit A are specially benefited by the improvements constructed by the Mountain Vistas developer and therefore are eligible for inclusion in a reimbursement district; and
WHEREAS, the City Engineer prepared an Engineer’s Report on the reimbursement request pursuant to HRMC 13.17.030 that determines the reasonable actual costs that are eligible for reimbursement under HRMC 13.17.050; and
WHEREAS, the City Council held a public hearing at its August 22, 2016 regular meeting, noticed in accordance with HRMC 13.17.040, at which it considered the applicant's request, the City Engineer’s report and it also accepted public testimony on the proposal to form a reimbursement district.
NOW, THEREFORE, BE IT RESOLVED by the Hood River City Council that:
1. Reimbursement District Established. The Mountain Vistas Reimbursement District is hereby formed and shall include the properties illustrated on the map included in Exhibit A, attached hereto and incorporated herein by this reference. The City Council accepts, approves and adopts as its own the City Engineer's Report attached hereto as Exhibit A, as legal justification to form a reimbursement district under HRMC Ch. 13.17 and the specific costs recommended for reimbursement by the City Engineer.
2. Findings. In addition to the analysis in the Engineer’s Report attached as Exhibit A, the City Council adopts the following specific findings in support of the formation of the Mountain Vistas Reimbursement District:
a) The two parcels illustrated in Exhibit A and included in this reimbursement district are specially benefited by the improvements constructed by the Mountain Vista developer.
b) The amount for which each property is responsible to reimburse is also set forth in Exhibit A and is hereby approved.
c) The stated reimbursement amount for each specially benefitted property is based on the final invoices provided by the applicant and represent prevailing market rates for similar projects.
d) The method of apportionment is reasonably calculated to reflect the special benefits each property receive from the improvements so constructed.
3. The Record. The record of this matter includes the underlying preliminary plat approval for Mountain Vistas Subdivision (File No. 2013-29), the applicant’s request and documentation for formation of this reimbursement district and the City Engineer’s review, analysis and report on the applicant’s request, along with all of the City’s notices to the affected property owners related to this request.
4. Notice of this Resolution. The City Recorder shall cause this Resolution to be recorded with the Hood River County Assessor’s office with title to the specially benefited properties and shall mail copies of the Resolution as provided by HRMC 13.l 7.040(E). Copies shall be sent by US Mail to the owners of the two specially benefitted properties.
Approved and Effective this 22nd day of August 2016.
Paul Blackburn, Mayor
Jennifer Gray, City Recorder Approved as to form:
Daniel Kearns, City Attorney