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HomeMy WebLinkAboutWATERGLEN PUD OVERALL DEVELOPMENT PLAN - 71 93 - CORRESPONDENCE - LEGAL COMMUNICATIONPage 3 November 11, 1993 Steve Olt City of Fort Collins Planning Department These are all important issues which must be addressed before this PUD is approved. Would you please advise me of your thoughts on this and how the staff views these issues at your earliest opportunity, as we want to be involved in the review process. Thank you for your consideration of these concerns. Yours very truly, SOMMERMEYER, WICK, DOW & CAMPBELL Timothy J. Dow TJD:mi cc: Elmer Gustafson, President Larimer and Weld Irrigation Co. Bill Johnston, Superintendent Vine Street Partnership 4875 Pearl East Circle, Suite 300 Boulder, CO 80301 Cityscape 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 Page 2 November 11, 1993 Steve Olt City of Fort Collins Planning Department 3. There should be a solid 8' wooden fence along the boundary of the project as it abuts the Larimer and Weld Canal. This is necessary for many reasons. First, it is important for safety reasons, since this high density development will obviously include numerous small children who should be kept away from this large open ditch which carries water for several months each year. In addition, this will protect the ditch from what we otherwise would expect to be a convenient dumping ground for grass, clippings and other debris. This has happened along the ditch in numerous other areas where development has occurred and has caused obvious problems. This fence should be built and maintained by the developer. 4. It should be made clear and so noted on the Plat that neither the developer, or owners or residents of the proposed PUD have any right of access to the ditch or the ditch easement area for any purpose, and there should be no right of use of the ditch maintenance road. 5. Historically, there has been some seepage problem in this area, primarily due to old cottonwood trees (many of which have since been removed). Water which naturally seeps through the bottom of the ditch finds a path through old pathways of the roots of these trees and has caused some problems, particularly along the western edge of the proposed PUD. The developer and potential residents should be aware of this, since the Plat calls for constructing numerous single-family residences all along the edge of the PUD adjacent to the seepage area below the ditch. Unless some corrective measures are taken prior to construction of the PUD, it is quite likely that some of these homes will experience problems from seepage. The developer should be responsible for investigating this and taking whatever engineering or other steps are necessary and appropriate to protect these subdivided lots from seepage. This could perhaps be done by either installing a toe drain between the ditch and the lots, various construction methods, landscaping and perhaps some work with the ditch company to help line the ditch. If this historic agricultural area is to be developed at this density, we believe the developer should be responsible for installing the appropriate safeguards to protect future owners. SOMMERMEYER, WICK, DOW & CAMPBELL ATTORNEYS AT LAW ROBIN L. WICK #3 CLOCK TOWER SQUARE TIMOTHY J. DOW KENT N. CAMPBELL 323 SOUTH COLLEGE AVENUE JAMES D. BRAMER' P.O. BOX 2166 ROBERT S. IRVING' FORT COLLINS, COLORADO 80522 KATHRYN S. LONOWSKI (303) 482-4011 ROBERT J. PENNY' FAX (303) 482-8929 J. CALE GRAHAM TROY A. UKASICK November 11, 1993 Steve Olt City of Fort Collins Planning Department 281 North CollegeiAvenue P.O. Box 580 Fort Collins, CO 80522-0580 Re: Waterglen PUD Dear Steve: MAYO SOMMERMEYER' OF COUNSEL CHEYENNE OFFICE 2312 CAREY AVENUE CHEYENNE, WYOMING 82001 'ALSO ADMITTED IN WYOMING *ALSO ADMITTED IN ARKANSAS 8 TEXAS Please be advised that this firm represents Larimer.and...Weld Irrigation' Company;`:which �owris and` operates tYe;Lar.imer`.aInd Weld Canal, aka'= The-'Eaton:'Ditch:: We ` have reviewed a...;,copy,-,,.,of the Preliminary,'-'Site:_Plan' and have,a number`of'•concerris to express on behalf of our client. Obviously, this -is a high density project which will have significant planning impacts on the area. Our client's irrigation ditch runs generally along the western and northern boundaries of the proposed PUD. Our client's specific concerns are as follows: 1. Up to now, our client has had access across this agricultural property from the ditch to East Vine Drive for purposes of access to the'ditch maintenance road. It appears from the Plat that the ditch company superintendent may be able to continue accessing the ditch from East Vine Drive along the proposed Waterglen Drive. We request that the Plat contain a specific note guaranteeing continued access for the ditch company as a condition of approval of the project. . 2': The . Plat •should specify that 'the -ditch' company-. as..a 25' easement and right-of-way.'from 'thp top-of,the .ditch bank "' . °� out; ; "and `no development'should"occur'within`thcit area. _..;