HomeMy WebLinkAboutLIND PROPERTY - PDP - 39-94B - LEGAL DOCS - RESPONSE TO APPLICANTMAR-28-2003 FRI 11:09 AM FORT COLLINS UTILITIES FAX NO. 970 221 6619 P. 04/04
beings have a certain amount of instinct to try to "work it out and keep everyone happy" — I don't
when it comes to my client's ditches and reservoirs.
So, this letter is primarily a "heads up." The "preliminary stormwater release rates" supplied to
me by Troy Campbell a few months ago indicate that the preliminary plan is to dump 25.6 CFS into
the Number 8 outlet ditch. This is not acceptable. T appreciate that these numbers come from all sorts
of engineering magic to come up with the runoff from the storage stones. The reality is that these
numbers seldom represent the true situation. A developer has great incentive to keep the numbers as
big as possible for strictly economic reasons. I believe we have had the discussion to the effect that it's
very interesting that as these ditches have for a hundred years meandered through the farm lands
storms have resulted in little, if any, overtopping of the ditches. They were receiving the "historic
storm flows" when the grounds discharged into the ditches are developed with each of them dumping
this same theoretical historic storm flow into the ditch they begin to overtop. Why has history
changed?
One extremely important factor relative to what are real storm flows (also meaning historic) is
to look at the use of the lands for the decades in the past. Your development has been cultivated since I
can remember which starts about 1956. Cultivated ground is a whole different animal that uncultivated
natural ("God made") ground as it deals with stormwater. Cultivated (and particularly row crop) fields
make a substantial difference in terms of stormwater retention. Each little furrow holds a whole bunch
of water which percolates into the soil, evaporates, or flows at a much slower rate into the ditch
because it's not gathered up and dumped at a single point.
An example of what 1 consider to be good planning as it concerns my clients is what is being
done with the Maple Hill subdivision to the south of yours. That project had the entire site plan
developed at one time covering the whole project which is approximately the same size as yours.
Through cooperative efforts with a developer who genuinely cares about the ongoing welfare of my
client's irrigation facilities, we have worked out a plan which will discharge approximately 10 CFS
into our ditch which we believe is a flow we can live with as the contribution from that project at such
time as all or most of the ground surrounding the ditch is developed.
There is another area that you should be sensitive to. My understand is basically the City of
Fort Collins wants to have some form of crossing these ditches approximately every 660 feet. This is
either a connector street, pedestrian bridge, or something of that sort. That number of crossings across
our ditch is not acceptable.
Yours very truly,
MAYO SOMMERMEYER, P.C.
Mayo Sommermeyer
MS/Imh
PC: Donn Engel
Troy Campbell, The Sear Brown Group
Robert Smith, Stormwater Planning / Utilities Department, City of Fort Collins
MAR-28-2003 FRI 11:08 AM FORT COLLINS UTILITIES FAX NO. 970 221 6619
P. 03/04
TIMo'1'HY J. DOW. MBA, JD
PATRICIA'I'. DOW, CPA. JD, LLM•
MAYO SOMMERMEYER, PC"
OF COUNSEL
- iaw AJ*1r=70 PRAMIJ LAW mHaepAS"
--ALSO AOMI57FD7O NIACR<t1AW M WMMWii
Yvonne Seaman
THE DOW LAW MM, LLC
ATTORNEYS AND COUNSELORS AT LAW
P.O. BOX 1372
,FORT COI•I.INS. COLORADO SOS22-1578
(970) 4984900
Land Acquisition & Planning Director
Centex Homes
9250 E. Costilla Ave., #200
Greenwood Village, CO 80112
FAX: (970) 498-9966
E-MAIL: dcw(&4d0W1w*M0*M
March 25, 2003
Re: Our client: Windsor Reservoir and Canal Company (WRCC)
Project #39-94B
Lind Property PDP-Type 2 (LUC)
Dear Yvonne:
0 7 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
FORT COLLINS, COLORADO 80524
2312 CAREY AVENUE
CHEYENNE. WYOMING $2001
(307)634.1541
My enclosed comment letter to the City of Fort Collins concerning your Phase I on the Lind
Property as it relates to our ditch is self explanatory. However,.I would like to pass on some thoughts
and concerns that I have based on the information available so far that will probably impact your
development plan as you proceed to other phases.
I have now been through the comprehensive (meaning one inch thick) drainage plan for Phase I
which contains a lot of very good information as it probably relates to the whole project. I have also
been through some 73 sheets of drawings supplied to me on the project. Incidentally, there are some
pond outlet details indicated on sheet CS903. This sheet was not included in the sec and although it's'
not of focus yet it will be in the future.
I firmly believe that a development project needs to be planned and approved globally to the
extent possible. Of course, my focus is on the impact on our ditches and irrigation facilities. I know
what is going to ultimately happen with your project because you are going to want to dump developed
stormwater from Phase I along with the other phases into the ditch. However, to make it easy and get
Phase I approved it doesn't appear that you have dealt with or choose to deal with.a comprehensive
global site plan so were just going to retain the water on Phase I which doesn't.create any problem for
the ditch and maybe otherwise. However, as other phases are developed then the impact on the ditch
needs to be dealt with. At that point certain commitments and decisions have been made which greatly
reduce the flexibility and the ability of the developer to do those things that we feel are required to
allow the•ditch to handle their development. In this light everyone is often put under a great deal of
pressure to give and compromise because many things cannot be undone or redone and most human