HomeMy WebLinkAbout20000740.tiff 6 WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
PHONE (970) 336-7235
FAX: (970) 352-0242
915 TENTH STREET
' P.O. BOX 1948
GREELEY, COLORADO 80632
Q March 15, 2000
COLORADO
Warren W. Schaeffer, Esq.
1129 Tenth Street
Greeley, CO 80631
RE: Drainage From Kelly Farms Subdivision
Dear Mr. Schaeffer:
This letter is in response to your letter of February 18, 2000, addressed to Barbara Kirkmeyer, Chair,
Board of County Commissioners of Weld County, Colorado. In your letter you set forth various
concerns of the W.H. Davis family regarding drainage from the Kelly Farms Subdivision located on the
southeast corner of the intersection of 59"'Avenue and "F" Street. You specifically refer to the
installation of culverts under 59±Avenue which have narrowed the traveled portion of"C" Street as it
proceeds west from 59th Avenue ("F" Street becomes "C" Street going west from 59th Avenue).
Please be advised that the portion of 59th Avenue to which you refer in has been annexed by the City of
Greeley. I have spoken with Mr. Steve Bagley of the Greeley Public Works Department and he informs
me that the culverts were placed by the developer of the Kelly Farms Subdivision. He also informs me
that the developer has been asked to come back and reinstall the culverts such that the narrowing of"C"
Street is eliminated. Steve estimates that such work will occur some time in the next two to three weeks.
Additionally, all design work for the Kelly Farms Subdivision drainage detention facilities was reviewed
by persons other than agents or employees of Weld County.
If you should have any questions regarding this letter, please feel free to call me at(970)
356-4000, extension 4390.
Sincerely
)iruee T. Barker
Weld County Attorney
BTB/db:Let/Schaeffer.wpd
pc: George Baxter
Frank Hempen, Jr.
Clerk to the Board
2000-0740
The Law Office of Sherry L. Rawlings
Attorney and Counselor at Law
1129 10th Street
Greeley, Colorado 80631
Sherry L. Rawlings Warren W. Schaeffer
awn
Phone: (970)352-4776 Fax: (970)352-6160
February 18, 2000
Ms. Barbara Kirkmeyer
Chairman of the Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
Re: Development impacts on private property
Dear Members of the City Council, City Attorney, County Commissioners, and mernbers of
the Planing and Zoning Commission for Weld County and the City of Greeley:
I have been engaged by the W. H. Davis Family to contact you regarding their concerns for
potential hazards created by the water storage on and discharge from the Kelly Farm, (K-F)
Development located on 59th Avenue between F Street and 4th Street. Previous discussion by Rick
Davis and the Steve Bagley of the Greeley Public Works Department have been fruitless.
The Davis Family owns the property abutting the K-F development: located in the northwest
corner of the intersection of C Street and 59th Avenue. I shall address my clients' concerns as
thoroughly, yet briefly, as possible. I note, first,that my clients tell me that they were never provided
with any written notice(s) of any public hearing(s) at any stage of this development.
For those of you who may be unfamiliar with this area, the Kelly Farm Development is in the
City of Greeley. The neighboring Davis Property is in the county and "down drainage"from the K-F
Development. Also, C Street west of 59th Avenue becomes F Street east of 59th Avenue.
Flood Danger Potential
In early December 1999, a single 17-inch culvert under 59th Avenue which historically
drained water from the East Side of the road to the West Side and parallel to the Davis land on C
street was replaced with a 36-inch culvert draining not only 59th Avenue but also a new
impact/holding pond located in the northwest corner of the Kelly Farm Development. This is
approximately 150 feet from my client's property,and directs the discharge directly toward the Davis
� �''1
February 18, 2000
Page 2
residence rather then parallel to their home. A 24-inch culvert was also installed immediately north
of the 36-inch culvert which also drains a second new impact/holding pond located approximately 'h
mile east of 59th Avenue. The 24-inch culvert now also faces directly the Davis residence. The
normal drainage for this area served by the 24-inch culvert is approximately l mile east of 59th
Avenue and appears to be adversely diverting naturally occurring drainage from its natural path onto
the Davis property and into the Sheep Draw ditch. The drainage channel along C street on the city's
side(south)of that street was not expanded to accommodate additional drainage. Should these new
and larger culverts discharge at even half capacity,it is highly likely that the existing drainage channel
from 59th Avenue to Sheep Draw, as it now exists, will very seriously overflow onto my clients'
property. (It should be noted here that the Davis property had been flooded in the past by overflow
from 59th Avenue runoff.)
Sheep Draw flows through the Davis property for about 1/4 mile. Additional discharge into
Sheep Draw significantly increases flooding risk from the draw itself. For the first time since
acquiring the property 38 years ago, the Davis family has felt the need to purchase flood insurance.
R w asernent Obstruction
Additional impacts have resulted because of the culvert expansion.
The discharge end (West end) of the new culverts was moved approximately ten (10) feet
north and directly intruding into the south half of C Street. This has caused a"necking down" of C
Street resulting in a traffic hazard for drivers attempting to enter 59th Avenue from the West. C
Street is the sole residential access to the Davis property as well as other residential property west
on C Street. Reflector posts placed on the roadway after construction already show signs of being
struck and damaged by vehicles. This"necking down" has also obstructed roadway maintenance.
I am concerned that this modification of the roadway and the impacts caused may violate Colorado's
law regarding the rights of servient tenements vis-a-vis the rights of the dominant tenement owner.
(See, e.g.,Lazy Dog Ranch v. Telluray Ranch Corp., 965 P.2d 1229 (Colo. 1998).
Ground Water Concerns
The Davis property relies on well water which has always passed state inspection as safe for
human consumption.
The newly created impact/holding pond immediately southeast of this property will apparently
have a surface level considerably higher than the Davis property. We are advised that this pond is
unlined. The Davis family has two primary concerns:
The potential for contamination as a result of leaching of contaminants through the soils of
the pond appears very real. With a development the size and scope of the Kelly Farm project, it is
February 18, 2000
Page 3
also likely that lawn chemicals, petroleum-based contaminants from road surfacing, as well as other
normal human-density related impacts, (such as traffic, motor oil, etc.), will find themselves
concentrating in these holding ponds either directly or from storm runoff. We believe there is a
significant danger that these contaminants will be leached into the ground water and/or be discharged
directly onto the Davis property. Either result could have potentially devastating consequences to
water quality. Please advise us what,if any, testing and monitoring requirements have been imposed
upon the developer.
The second primary concern is whether leaching into underground water will negatively
impact the level of the underground water itself Any significant increase in the groundwater level
will adversely affect the Davis home in that basement flooding could occur. It should be noted that
this basement has never had flooding problems for the past 38 years.
We presume that procedures and reviews were conduction in the planning and approval
process for the K-F development. Accordingly,to ease the Davis' concerns, we ask that you provide
us with copies of soil and hydrological studies and reports for the Kelly Farm Development. (The
Davis Family is certainly willing to pay for any reasonable copy costs for that documentation.) We
would also ask that we be provided with copies of any and all proposals for mitigation of likely
damage.
The Davis Family can provide you with copies of photographs recently taken which illustrate
some of the family's concerns, if you believe additional information would be helpful. I have also
been advised by my clients that they would be pleased to schedule an on-site tour for you in order that
you can all see,first hand, how serious the potential for damage truly is. All are eager to work with
the city and county cooperatively to arrive at solutions to prevent or mitigate additional impacts to
the Davis property.
Thank you for your attention to this matter, I eagerly await your replies.
Very truly yours
•
Warren W. Schaeffer
pc: W. H. Davis Family
City Council
Planning and Zoning
City Attorney
County Commissioners
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