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BOARD ACTION: (Initial by Approval) M//G RM BJ DL GV /
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Worksession — — —
METHOD OF RESPONSE:
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Department Head Signature
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VICKY Sprague - DosRiosSubSewer.wpd Page 1
October 24,2003
Carol Dalton
Stanley F. Schneider
18 Dos Rios Estates
Greeley, CO 80634
Re: Use of Rights-of-Way and Utility Easements
in Dos Rios Estates Second Filing for
Installation of City of Evans' Sewer Line
Dear Ms. Dalton and Mr. Schneider:
The Board of County Commissioners of Weld County has asked me to respond to your letter of
September 29, 2003,to explain Weld County's position regarding the installation of a sewer line
by the City of Evans in certain rights-of-way and a utility easement in the Dos Rios Estates
Second Filing subdivision.
It is Weld County's position that it does not have the right to reject such installation. This
position is based upon two factors. First,the plat for the Dos Rios Estates Second Filing
dedicates to the public the public rights-of-way shown on the plat. The dedication was made on
February 6, 1996. The plat is recorded at Reception Number 2484549 in the office of the Weld
County Clerk and Recorder. The second factor is that Colorado law does not allow Weld County
to reject the installation of sewer lines in rights-of-way which are dedicated to the County.
It appears that the City of Evans intends to install the sewer line not only in the dedicated public
rights-of-way,but also in a utility easement. The utility easement does not limit the utilities for
which it is reserved.
Please feel free to call me at (970)356-4000, ext. 4390, if you have any questions.
Sincerely,
Bruce T. Barker
Weld County Attorney
pc: Board of County Commissioners
Frank B. Hempen, Jr.
VICKY Sprague - DosRiosSubSewer.wpd Page 2
October 24, 2003
Danny and Joyce Griffiths
16 Dos Rios
Greeley, CO 80634
Re: Use of Rights-of-Way and Utility Easements
in Dos Rios Estates Second Filing for
Installation of City of Evans' Sewer Line
Dear Mr. and Mrs. Griffiths:
The Board of County Commissioners of Weld County has asked me to respond to your letter of
October 2,2003,to explain Weld County's position regarding the installation of a sewer line by
the City of Evans in certain rights-of-way and a utility easement in the Dos Rios Estates Second
Filing subdivision.
It is Weld County's position that it does not have the right to reject such installation. This
position is based upon two factors. First,the plat for the Dos Rios Estates Second Filing
dedicates to the public the public rights-of-way shown on the plat. The dedication was made on
February 6, 1996. The plat is recorded at Reception Number 2484549 in the office of the Weld
County Clerk and Recorder. The second factor is that Colorado law does not allow Weld County
to reject the installation of sewer lines in rights-of-way which are dedicated to the County.
It appears that the City of Evans intends to install the sewer line not only in the dedicated public
rights-of-way, but also in a utility easement. The utility easement does not limit the utilities for
which it is reserved.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
Sincerely,
Bruce T. Barker
Weld County Attorney
pc: Board of County Commissioners
Frank B. Hempen, Jr.
VICKY Sprague- DosRiosSubSewer.wpd Page 3
October 24, 2003
Doug and Laurie Lareau
26 Dos Rios
Greeley, CO 80634
Re: Use of Rights-of-Way and Utility Easements
in Dos Rios Estates Second Filing for
Installation of City of Evans' Sewer Line
Dear Ms. and Mrs. Lareau:
The Board of County Commissioners of Weld County has asked me to respond to your letter of
September 25,2003,to explain Weld County's position regarding the installation of a sewer line
by the City of Evans in certain rights-of-way and a utility easement in the Dos Rios Estates
Second Filing subdivision.
It is Weld County's position that it does not have the right to reject such installation. This
position is based upon two factors. First, the plat for the Dos Rios Estates Second Filing
dedicates to the public the public rights-of-way shown on the plat. The dedication was made on
February 6, 1996. The plat is recorded at Reception Number 2484549 in the office of the Weld
County Clerk and Recorder. The second factor is that Colorado law does not allow Weld County
to reject the installation of sewer lines in rights-of-way which are dedicated to the County.
It appears that the City of Evans intends to install the sewer line not only in the dedicated public
rights-of-way,but also in a utility easement. The utility easement does not limit the utilities for
which it is reserved.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
Sincerely,
Bruce T. Barker
Weld County Attorney
pc: Board of County Commissioners
Frank B. Hempen,Jr.
I VICKY Sprague - DosRiosSubSewecwpd Page 4
October 24,2003
Richard R. Wiest
4525 65th Avenue
Greeley, CO 80634
Re: Use of Rights-of-Way and Utility Easements
in Dos Rios Estates Second Filing for
Installation of City of Evans' Sewer Line
Dear Mr. Wiest:
The Board of County Commissioners of Weld County has asked me to respond to your letter of
September 29, 2003,to explain Weld County's position regarding the installation of a sewer line
by the City of Evans in certain rights-of-way and a utility easement in the Dos Rios Estates
Second Filing subdivision.
It is Weld County's position that it does not have the right to reject such installation. This
position is based upon two factors. First,the plat for the Dos Rios Estates Second Filing
dedicates to the public the public rights-of-way shown on the plat. The dedication was made on
February 6, 1996. The plat is recorded at Reception Number 2484549 in the office of the Weld
County Clerk and Recorder. The second factor is that Colorado law does not allow Weld County
to reject the installation of sewer lines in rights-of-way which are dedicated to the County.
It appears that the City of Evans intends to install the sewer line not only in the dedicated public
rights-of-way, but also in a utility easement. The utility easement does not limit the utilities for
which it is reserved.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions.
Sincerely,
Bruce T. Barker
Weld County Attorney
pc: Board of County Commissioners
Frank B. Hempen,Jr.
VICKY Sprague - DosRiosSubSewer.wpd Page 5
October 24, 2003
Roger and Patricia Ainsworth
11 Dos Rios
Greeley, CO 80634
Re: Use of Rights-of-Way and Utility Easements
in Dos Rios Estates Second Filing for
Installation of City of Evans' Sewer Line
Dear Mr. and Mrs. Ainsworth:
The Board of County Commissioners of Weld County has asked me to respond to your letters of
September 26, 2003, to explain Weld County's position regarding the installation of a sewer line
by the City of Evans in certain rights-of-way and a utility easement in the Dos Rios Estates
Second Filing subdivision.
It is Weld County's position that it does not have the right to reject such installation. This
position is based upon two factors. First,the plat for the Dos Rios Estates Second Filing
dedicates to the public the public rights-of-way shown on the plat. The dedication was made on
February 6, 1996. The plat is recorded at Reception Number 2484549 in the office of the Weld
County Clerk and Recorder. The second factor is that Colorado law does not allow Weld County
to reject the installation of sewer lines in rights-of-way which are dedicated to the County.
It appears that the City of Evans intends to install the sewer line not only in the dedicated public
rights-of-way,but also in a utility easement. The utility easement does not limit the utilities for
which it is reserved.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
Sincerely,
Bruce T. Barker
Weld County Attorney
pc: Board of County Commissioners
Frank B. Hempen, Jr.
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14:1'11:2 CORRESPONDENCE RESPONSE
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DEPARTMENT OF Y ( 'u £ /b,A,.'�
* * * PLEASE RESPOND WITHIN THREE DAYS.* * *
IF RESPONSE WILL BE DELAYED,
PLEASE NOTIFY "CTB GROUP" BY E-MAIL
OF EXPECTED DATE FOR RESPONSE.
RECOMMENDED ACTION:
Narrative:
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METHOD OF RESPONSE:
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Danny & Joyce Griffiths
16 Dos Rios
Greeley, CO 80634
970-339-0010
October 2, 2003
Mike Geile
Weld County Commissioner
P.O. Box 758
Greeley, CO 80632
Re: Rehmer Lake Subdivision - Evans
Dear Mr. Geile,
My husband and I have been receiving information about the proposed
development for the Rehmer Lake Subdivision (to be renamed) at the corner of
49th Street and 65th Avenue (City of Evans). As residents of the Dos Rios area,
we have concerns about the density of housing units proposed for the parcel and
the proposed installation of a 30-inch sewer line through the center of our
neighborhood.
Our neighborhood, which adjoins the proposed development, is a rural acreage
neighborhood which has a much less dense number of households than what is
currently proposed for the new development. We have relied on the Evans
Comprehensive Plan on the Internet for providing density information about land
use in the area. The Plan, as posted, clearly identified an average of one home
per acre density and as we understand it, the current development proposal is for
306 homes on approximately 84 acres. Much of the rest of the land identified as
open space is unbuildable or unusable for recreation purposes—either wetlands
or oil wells. The Evans city planner did state the City's plan, in regard to density,
was changed last spring (in conjunction with the submission of the developer's
proposal)— however it has yet to be changed on the intemet. We have attended
Evans Planning Commission meetings and in response to the questions asked
(including traffic study, environmental information, information on other options
for the proposed sewer line, water-drainage information, additional city services —
law enforcement, fire service, etc.) —few answers were forthcoming other than
the studies would be done after approval of the development proposal. It seems
there are a lot of questions, not many answers and a "push" for approval to
proceed with the development. The Evans Planning Commission at their last
meeting (Sept. 23, 2003) voted 3 to 2 to deny the proposed development plat.
This matter will go to the Evans City Council on October 7, 2003.
Griffiths
10-02-03
One of the reasons my husband and I live in this area is to avoid the congestion
that would be caused by such a dense subdivision. We those this area to live
precisely for the quiet atmosphere, natural habitat, wildlife and minimal
congestion. We do fully expect development in the area; however we are very
concerned about the impact of an extremely dense development - an additional
306 home sites in such a small area (approx. 84 acres). If developed as
proposed, it will permanently change the nature of this area from rural to a more
congested urban. Currently small acreage neighborhoods exist to the east of
Dos Rios, a new Dos Rios area and Neville's Crossing to the north. If small
acreages (even blending to a slightly higher density)were offered to the west, the
neighborhoods would be consistent and complimentary.
Our concerns;
1. Significant increase in traffic congestion on 65th Avenue, 49"'
Street, 35th Avenue, 54th St. road and intersections.
2. Construction of a 30-inch sanitary sewer line through the center of
the existing Dos Rios area. This would be a major construction
event in an older established neighborhood and would have impact
on the existing water lines currently owned by Dos Rios Water
Company and access to the homes along Campo Road.
3. The existing rural neighborhood becoming overwhelmed by the
impact of a high density neighborhood. Perhaps a development
could be considered of more small acreage home sites with some
blending to a slightly higher density. At the very least, have homes
on 1/2 acre sites.
4. The proposed development of 306 homes on 84 acres will forever
change the habitat and the native wildlife of the area. Observable
wildlife includes; Bald eagles, Red-Tail hawks, owls, herons,
pelicans, Canada geese, prairie dogs, foxes, coyotes, deer, many
species of birds and raccoons. A large development as described
would change the habitat and as a result, remove the wildlife. A
rural acreage development would maintain some habitat and have
less impact on wildlife.
5. Discussions about the City of Evans intent to annex Dos Rios in the
future. Our preference is to live in the county and we are not
favorably inclined to an annexation attempt by the City of Evans.
We understand Weld County must give permission to the City of Evans to use
the county roads and install the 30-inch sewer line through Dos Rios and we are
requesting that you consider asking and encouraging the City of Evans and the
developer seriously explore all the options for the sewer line, including
installation of the line along 49"'St. —an area which has already been annexed
by the City of Evans and does not go through an established neighborhood.
2
• . Griffiths
10-02-03
We are available for questions or discussion if needed. Thank you for your
consideration.
Sincerely,
Joyce Griffiths
Danny Griffiths
3
CAROL DALTON AND STANLEY F. SCHNEIDER
18 DOS RIOS ESTATES
GREELEY, COLORADO 80634
970-339-9043
September 29, 2003
Mr. David Long
Weld County Commissioner
P.O. Box 758
Greeley, CO 80632
Dear Mr. Long,
We are writing to you regarding plans for the proposed new subdivision directly to the West of
Dos Rios Development. Those of us already residing in the surrounding area are extremely
concerned about several issues in regard to the current plans shown to us by the developer.
We have now met with the developer and twice with the City of Evans Planning and Zoning
Commission in an attempt to resolve our differences. The Commission rejected the developers'
proposed plan and now the Evans City Council will have an opportunity to review the plan and
make a decision at their meeting on October 7, 2003.
Our first concem is the amount of homes planned for this site. This area is zoned rural
residential . As it stands now there would be 306 home sites on less than 100 acres.
We feel that the number of home sites planned for this property is completely out of character
with the rest of the rural residential area surrounding it and would add enormous problems not
only to the Dos Rios neighborhood but to the City of Evans as well. The 306 homes will bring
approximately 1200 people and according to the latest study in Colorado with that population
approximately 760 vehicles making an average of 3040 trips per day in and out of the
subdivision. These trips will be made on rural two lane roads most without stop signs much less
stop lights and some or the roads bordering the property are still dirt. We already have far too
many accidents on these roads with our current volume of traffic that often includes tractors,
other slow moving farm equipment and people on horses.
Another major issue is the plan to run the sewer line for this proposed development through the
middle of the Dos Rios subdivision. All of the homes in our neighborhood have septic tanks,
which work perfectly, and therefore we have no desire to hook up to a sewer line. The torn up
streets, dust and noise that the construction would entail would not be for our benefit at all. Our
other concern about the sewer line is that many of us in Dos Rios are connected to a well on the
river with a maze of 40-year-old irrigation pipes leading from the well to our properties. These
lines run directly where the new sewer line is planned. Even with the best of technology
assisting the contractors it is highly likely that some of these pipes will be damaged and with
that we are left without any irrigation water for our pastures and landscaping. In addition that
water supplies our fire hydrants, so a damaged water line leaves up without fire protection.
When the developer was asked what assurance we would have that damage to our irrigation
system would be immediately repaired, we were only given verbal platitudes of" we will do the
best we can." This is not specific enough to be reassuring.
So in summary we oppose the development of this land as it is currently planned with the
density of the home sites being akin to a dense urban area and not compatible with the
surrounding rural area.
Secondly we oppose putting in a large 30-inch sewer line to serve others through the middle of
our neighborhood when there are other options where it could go in undeveloped areas. We
understand that Weld County must give the City of Evans and the developers an easement for
them to put the sewer pipe through our neighborhood. We ask that you deny this request.
We ask that you consider our concerns and make your decision as though you were having this
large development being built in your backyard and a sewer line to serve others being put in on
the street in front of your home.
Thank you for your consideration.
Sincerely,
Carol Dalton
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Stanley F. Schneider C��
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DOUG & LAURIE LAREAU
September 25,2003
To Mr.Mike Geile,
I am writing you in regard of the 30"sewage pipe being considered to be put down our
neighborhood road.
I am very concerned about this idea and consider this not to be of any advantage to the
neighborhood at all .I also know that it will be a very big ordeal to do this!
The dust,traffic and all that goes with construction is very disturbing! I know this will take a long
time to do and it will be traumatic on everyone and all our animals!
I think this is very unfair in my opinion to put this pipe though our neighborhood,considering it is
a direct result of the cluster house development that we totally appose. We are not going to benefit
from this pipe and we will not be hooking into this system. There for why should they come
through our streets?We have many old pipes running though the road and the road washes out a
lot. What if a pipe breaks due to a washout of the road?What if they damage the old pipes and
cause more problems?Then there will be even more construction!
I truly hope that you will take under consideration all the problems that this pipe construction will
cause and look into an alternative way to handle this.
Thank you for your time,
Laurie Lareau
LAREAU
26 DOS RIOS
GREELEY ,CO.
80634
4525 65TH Ave.
• Greeley,CO 80634
September 30,2003
Weld County Commissioner
P.O.Box 758
Greeley,CO 80632
Commissioner Geile
Subject: Rehmer Lake sub-division
I attended the September 23 meeting of the Evans planning and zoning commission on the Rehmer
Lake development and came away with many unanswered questions concerning traffic.
Rehmer lake subdivision plans a 306 home development on 84 acres thus,a dense concentration of
homes,cars,and people. 306 homes would mean approximately 1,200 people,approximately 700
cars and who knows how many pets.
My first question to the ENZ commission was 49th St west of 65th Ave.going to be paved due to the
increased traffic this development will be adding to the area I was told that this is a county road and it
will be up to the county to upgrade the road
I asked If 65th Ave would be up graded to four lanes due to increase traffic from this development I
was told that 65th is a county road and it would be up to the county to upgrade 65th Ave.
I asked about the flooding that occurs at the intersection of 49th St and 65th Ave.during heavy
thunderstorms and again got the impression this was not an Evans problem.
The purpose of this letter is to inform you of the potential cost that the county may have and the lack
of planning that Evans has put into this project all of which only mean increased costs to county tax
payers. As a county resident,I ask that you and the other commissioners look into this development
very carefully.It seems Evans is counting on county help to improve the road system and of course
granting easement for a sewer line.
Sincerely --S ` ,C`\
Richard IL Wiest
4525 65"'Ave.
Greedy,CO.80634
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REC'*IETD O O-6.21 •
September 26, 2003 OCT 9 2003
PUBt.IC V\ORKG D'tF T
Dear Commissioner Jerke:
We are writing this letter to voice our strong opposition to the proposed Rehmer
Lake Subdivision planned for the Southeast corner of 49th St. and 65th Ave in
newly annexed Evans.
The size and density of this subdivision is extraordinary and placing it
immediately next to a low density subdivision such as Dos Rios is inappropriate
and irresponsible. The concession that developer Larry Buckendorf has made of
expanding the east buffer from 21 feet to 55 feet is laughable-this distance
represents about the width of two driveways!
Developer Buckendorf was quoted in the September 26, 2003 issue of the
Greeley Tribune as saying, "...the developments density isn't negotiable.
Density is an economic issue...". This screams to me that this developer is
concerned only with the amount of money he stands to profit from this project at
the expense of the quality of life of an entire neighborhood. It also tells me that
he is not willing to make any suitable compromises with the Dos Rios
neighborhood in order to build a more appropriate subdivision that we can
happily live near. It is for these reasons that we plead with you to put the brakes
on this development and see to it that this developer or any future developer
adheres to responsible planning practices.
Respectfully,
Roger and Patricia Ainswo
11 Dos Rios 2677- (�
Greeley, CO 80634
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