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HomeMy WebLinkAboutWATERFIELD THIRD FILING - PDP - PDP130037 - CORRESPONDENCE - (6)We recently had a serious house flooding situation along the Poudre Valley Canal up near Wellington. Again, that was a situation where I asked the Development Process to hold houses back from the general vicinity of the ditch bank as well as prevent the construction of many basements. Because we ran the Poudre Valley Canal pretty hard this year as a result of the flood waters, there were at least a half dozen or more houses that had serious basement flooding and damage. I would think that somewhere in the planning process the common sense of the situation could be evaluated as well as any engineering tests that may be appropriate. Then, building restrictions can be placed that will avoid a whole lot of problems for a number of people in the future. Thank you for considering my comments, and I will be happy to discuss this in further detail with additional information should you wish in the near future. Please feel free to call me and I would welcome the opportunity should you so choose. My direct phone number is (970) 420-9775 and email is mayosomm@q.com. Again thank you for reviewing these concerns. Yours very truly, THE DOW LAW IRM, LLC /� Mayo ommer General Counse or Larimer & Weld Irrigation Company MSIbs Cc: Donn Engel Northern Engineering, Nick Haws, PE, LEED AP Parker Land Investments, LLC, Jim Dullea, Curly Risheill and Steve Nichols TIMOTHY J. DOW, MBA, JD PATRICIA T. DOW, CPA, JD, LLM* ASHLEY A. PERKINS, MA, JD THE DOW LAW FIRM, LLC ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 1578 FORT COLLINS, COLORADO 80522-1578 (970)498-9900 FAX: (970) 498-9966 E-MAIL: dow@dowlawfirm.com MAYO SOMMERMEYER, LLC OFCOUNSEL December 12, 2013 City of Fort Collins Current Planning Attn: Ted Shepard Project Planner PO BOX 580 Fort Collins, CO 80522 Re: PDP130037 Waterfield Third Filing PDP — Type 1 Dear Mr. Shepard: # 5 CLOCK TOWER SQUARE 323 SOUTH COLLEGE AVENUE FORT COLLINS, COLORADO 80524 • AISO ADM=D M PRAC= LAW IN NEBRASKA I represent the Larimer & Weld Irrigation Company who owns the Larimer & Weld County Canal which borders the northern portion of the referenced subdivision. I appreciate the time for comment has expired, but I still want to get this information to you for whatever use it might be in this particular application as well as in future applications of this nature. Houses built near our ditches are subject to flooding from seep water. This has been an ongoing problem for a long time and even though I have constantly tried to get the Planning Process to hold houses back a good distance from the ditch, I have been unsuccessful in that mission. I have generally been unsuccessful in getting the developer to put a restriction on the drawings concerning the installation of basements as well as building close to the ditch. The economic realities overwhelm the real world realities of flooded basements, yards, swimming pools as so forth. On this particular subdivision I am concerned with the row of houses that runs generally along the Rosybill Drive. At least, the building restrictions should require ground water tests during the time of year when the ditch is running full to see whether the installation of a basement is appropriate or even how close a house can be built to the ditch even if built on a crawl space situation. In years past we have had the experience just to the west of this subdivision in the Lindenwood subdivision of houses backing on our ditch with flooded yards, swimming pools, swimming pool equipment pits, and some interior water. It is interesting to note that back in 70s when that was developed I again pleaded for the Process to hold those houses at least 100 feet back from the ditch and it was not done. Thus the owners have water problems and they try to blame the Ditch Company! We take no responsibility because our ditch has been there since the 1800s, and all ditches seep.