The City of Ft.Collins and Larimer County water utility officials have completed a multi-million dollar project to mitigate/reduce the impact of a potential 100 year flood to the identified Ft Collins flood plain.
While our Lindenmeier and Lindenwood HOAs are not in the flood plain, the project does have limited impact on our HOA community. The adjacent Larimer/Weld Canal is planned to be used to carry flood water from the Dry Creek runoff area, 1.5 miles west of us, to a automatic release gate on the side of the canal just east of our HOA (end of Linden Lake Rd.)and into the Dry Creek ditch just south of Lindenwood. In addition, the first phase of the project resulted in one large new detention lake with dam (about 5 miles north), and several smaller detention lakes designed to capture heavy flood water and better control the flow south. The maximum water to be permitted into the Larimer/Weld Canal would be about 500cfm. The normal full capacity of the canal (ditch)with irrigation water is about 725 cfm.
Your HOA Board has played an active role with County Commissioners and Water Utility Supervisors to protect our interest. This includes letters of concern drafted by our HOA attorney.
Your HOA Board has received full assurance that: the canal will carry this flood water around our area without creating any danger to our residents; our HOA members will be given appropriate financial credit for having our lake act as a water detention basin; we will have control of our lake inlet canal gate during times of flood to permit flood water into our lake or not; and that members are not assessed full monthly project fees (over 25 years)as a result of our support of the project and use of the nearby canal and lake.
Since 2005 Edward Zdenek of ZTI Group Development, has been working to construct twelve homes in the open field, directly across Lemay from our HOA area. During following three years Bayberry LLC (financers of the project) constructed most of the site preparation, to include streets, sidewalks, and storm water drainage. Part of that construction included the expansion of the detention pond for storm water drainage from under Lemay to the west, and into our lake.
Your HOA Board has been meeting with city planning staffers and the developer to assure that the project will be an enhancement to the area and not have an adverse impact to our area with waste water runoff that is proposed to pass through the drainage ditch adjacent to the Lindenway Cul-de-sac. The developer and our HOAs are finalizing a contractual agreement to insure the waste water run-off from the proposed site, is properly controlled and that a water quality pond in our HOA area is properly constructed and maintained. This pond is an expansion of the present wet land runoff area just West of the Lindenway cul-de-sac. Cost was be borne by the developer and future related maintenance costs will be borne by the HOA residents of that area. This agreement was be signed by our HOA and we are satisfied with the proposal. One homeowner on the cul-de-sac could be impacted from a 100 year rain runoff, and that homeowner is being made part of the agreement. This agreement includes a responsibility of Bayberry LLC/future property owners (HOA members) to reimburse our HOA for up to $25/year for our lake water quality testing, and any periodic cost to maintain the detention pond by our landscape firm.
The pond was completed and landscaped, although there was some damage costs to irrigation and electrical lines for which Bayberry LLC was contacted for reimbursement in 2007 and 2008. None as received to date..
As of March 2010, the project was not yet complete, no homes had been contracted to be built and the west side detention pond was dug and has limited storm water drainage effectiveness, but is not finished. A decorative fence along Lemay was not started and no home sites have been sold by Bayberry LLC. Our HOA has billed them per the contract, however nothing has been received. Our HOA attorney is studying the situation and the possibility of filing a lien. The legal costs, however, may be more than what we would like to recover. It appears likely that Bayberry LLC has declared bankruptcy. We will provide an update on this situation as appropriate to actions in work.
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