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Home My WebLink About20221686.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR22-0008 - BRIAN AND JODI WARREN Tyler Exhibit Submitted By Page # Description Planning A. Commission Resolution of Recommendation Planning B. Commission Summary of Hearing (Minutes dated 6/7/2022) C. Planning Services PowerPoint Presentation Worrell Family Farms (Surrounding D. Property Owner) Letter in Opposition with photos (Received 6/21/2022) Worrell Family Farms (Surrounding Updated Letter in Opposition with photos (Received E. Property Owner) 6/22/2022) Copy of Order Granting in Part and Denying in Part, Plaintiffs' Motion for a Preliminary Injunction (Received F. County Attorney 6/22/2022) Applicant Representative PowerPoint Presentation G. Planning Services (Received 6/22/2022) H. J. K. L. M. N. O. P. Q. R. s. T. U. 2022-1686 EXHIBIT E NUMBER: USR22-0008 APPLICANT: BRIAN AND JODI WARREN • PLANITER: MAXWELL NADER G w czaa _ Ooo • REQUEST: ASIDE SPECIFIC DEVELOPMENT PLAN AND US BY SPECIAL REVIEW PERMIT FOR OIL AND GAS SUPPORT (DIRECTIONAL DRILLING) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT. • LEGAL DESCRIPTION: LOT A OF 2N° CORRECTED RE -5032; BEING PART OF THE E2 OF SECTION 33, T7N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. • LOCATION: WEST OF AND ADJACENT TO CR 43; APPROXIMATELY 0.45 MILES NORTH OF CR 74. Public hearings concerning this pryerty will be heard before the County Planning Cam fission and Board of County Comma loners. Both hearings will be he at: WELD COUNTYADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Planning Commission Hearing will be held on Board of County Commissioner Hearing will be held on Tuifte o�oZ 20 .2k; at 11O:049 ady 8r:w a.etJ 3'od: tijw+gsYei Applicant: d6 A. (, PQQ41ssfleet /$ Request:. Use by Special " Review Permit for Oil A Site Specific Development Plan and and Gas Support and Service (directional drilling) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Case ►vumber:US12- Aces: % 6,9 FOR FURTHER INI ORMATI0N PLEASE CONTACT itle04-41/ t AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES, AT 970 -400 - For Additional Information visit www.weldccurityplanningcnses.org AT ENTIOA1.proposedConditionsreferrer!rarhi3SlurSpecificUevelapnvorPlanAmidUsebrSpecoarHeoarPeerrr;trequrtt;nriutAg Lit r wt fir r liter to., the number of allowable emp+oimok noun CPI%Moulton, screening.• and number ofado 'wee ti+Qhncler ant/ vehicle fops are subject tochnrrgrorremo An' urbath the Planning Commis %Nut and Soon" of (aunty Cotomiss•aners hearingl o n"of(auntyCwnmiss•oncrshearings 1 4 Y, J e , a' _ ,, , 1_ • '•, - - ..<"'• '' I I I III 'I 11 II I II II I II I� III's' CF II II I, 11 1 II ''I II II •'I I 1 II I u II �sl 1 Ii■ j' j 5 I1 % 1 EC r I. _1..= al � I 1 0 II 1 i I 1 1 Zon F'U C IF I II I, II II II II I, I I I I I I I II II II �I II I I 1 r I i .IJ e 73 r C R Ii II I II II II _ 1, II 1, 1 i I ti — _L_ 1 ' R i r ti i .. 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Via# r End oftSR22-0008 June 18, 2022 RE: Case USR22-0008 To Weld County Commissioners, We are Worrell Family Farms, who totally surround the Warren's Property on their southern border with our farm land, on their western and northern borders with a 30 -foot easement encircling their property, and a joint shared access off CR 43 on their eastern border. Therefore, we have almost constant contact with the Warren's in a way that all the other neighbors do not. We believe that when you examine their recorded words and actions that you will agree with us that they should not be granted a USR for their business in this place. Warren's property is at the very center of the Weld Agricultural District and they must convince you that they will not negatively impact this Ag community and the specific "Right to Farm" freedoms that the Weld County Commissioners are charged to protect. In most cases, you would have to predict the future actions of the petitioner without any previous history. In this case, you have over eight months of actions to judge without guessing. We are not asking you to judge the civil suit that is pending, but to simply determine what the intent of their business is in regards to their closest Ag neighbor (Worrell's). The property was billed as "bring your horses" to these six acres; instead we got over 19 large vehicles and trailers stored outside with additional pick-ups stored inside the vehicle maintenance barn. These outside vehicles continually impede on our 30 -foot easement and their metal pipe fence encroaches on our easement without them moving parts of it as they had promised (so that hay trucks can get through). In December, after being here just a couple of months, they said "We did not come here to argue, we came here to tell you how things are going to be". They then said that they would close off the only road to our house and that our hay customers would no longer be able to buy hay (no hay sold for four months now). They said that they would shut down the Ag ramp, necessary for our custom contract hay equipment, to reach our fields to harvest hay. Finally, they said we will fence off your orchard to prevent any U -Pick. They kept their word and we are unable to continue farming after 11 -years on the property. Our only recourse to date has been the devastatingly expensive civil suit (Judge Taylor has granted us a temporary emergency injunction to once again use the joint shared road). This company wants us to abandon the shared access points and roads that our family farm has always used. They will be satisfied with nothing less than the company exclusivity that threatens our farming. This business has more resources than our family farm and will be relentless is continuing to harass us unless you protect us by not granting the USR. Thank you for saving the "Right to Farm" for us, as well as for our children and grandchildren. Greg and Melanie Worrell 36459 CR 43 Eaton, CO 80615 4F • • Case USR 22-008 Executive Summary: Warren's have clearly demonstrated extreme anti- Ag sentiment and practices (see attached photos as related to Weld County Code section 22-2-30.a.1). The Weld County Commissioners have the duty to protect "Right to Farm" and have the power to do that by rejecting Warren's permit to operate in the heart of the Ag district. You are the only defense of the small family farm in this David and Goliath fight! Photo Table of Contents: 1) Ariel view of Warren and Worrell (orchard and alfalfa field) properties as seen from CR 43 looking west (note "shared" common road (over 11 -years) on left between pipe fences. 2) Ariel view of Warren and Worrell properties looking south. Note Worrell 30 -foot easement road and curved fence at corner that reduces easement width by 12 -feet. This prevents hay trucks from using the easement road, but Warren's have not moved it. 3) Warren's locked gate on the shared road (locked Worrell's out of their only road to their house and prevented winter hay sales for almost 4 -months until a judge's injunction restored the road). Also notice the fence blocking our dirt ramp (next to the shared access) that now prevents all trailers and heavy equipment from harvesting the alfalfa. 4) This photo shows how the fence also blocks the orchard to prevent U -Pick. (Note that the fence gate does not align with the orchard gate and also forces equipment into the orchard fence - 12 feet, before they can enter and turn. 5) This photo shows the extremely forceful gate pull required to close the wire gate. (Note that this pull force at the shoulder is over 85 -pounds which exclude over 90% of women and 25% of men from having the strength to open/close the gate. The force was measured with a dynamometer and the strength norms are published in the scientific literature. Therefore, the gate is designed to prevent access to the orchard and this fact could also create a traffic hazard on CR 43). 6) This photo shows the Warren's proposed separate access which is an additional 30 -foot and next to the shared access. (Note: the County will not allow two side -by -side access points). 7) Photo of Warren's proposed separate parallel road for Worrall's in a floodplain pasture. (Note: the Fire Department came and said that the embankment was too steep and that the soil was too soft for any emergency vehicles. Obviously, hay sale trucks/trailers could not navigate this site either). Warren's say that their equipment is too big to safely share our common road, so maybe they should build a new road? 8) Worrell's do have other access points such as seen in this photo. However none of them have roads and lead directly into planted fields with drip tape (drip tape and irrigation elbows do not tolerate heavy traffic without breaking). 9) Photo of a dirt road along Worrell's SW border (see property marker pole with our property to the right), but it stops at a ditch and we have no access here. (Note: our shared road with Warren's is our only RES and Ag access that connects to our house and farm). Finally, please find the attached Worrell Family Farms letter to the Weld County Commissioners asking for their help - thanks! 6/21/22, 4:42 PM image0.jpeg 1 Ariel view of Warren and Worrell (orchard and alfalfa field) properties as seen from CR 43 looking west (note "shared" common road (over 11 -years) on left between pipelances. https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 6/21/22, 4:43 PM image0.jpeg 2) Ariel view of Warren and Worrell properties looking :south. Note Worrell 30 -foot easement road and curved fence at corner that reduces easement width by 12 -feet. This prevents hay trucks from using the easement road, but Warren's have not moved https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 6/21/22, 4:25 PM IMG_0652.JPG 3) Warren's locked gate on the shared road Worrell's(locked out of their only road to their house and prevented winter ha sales y for almost 4 -months until a judge's injunction restored the road). Also notice the fence blocking our dirt ram(next to the sharepd access) that now prevents all trailers and heavy equipment a ui ment from harvesting the alfalfa. https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 6/21/22, 4:41 PM IMG_0644[1 ].JPG 4) This: photo shows how the fence also blocks the orchard to prevent U -Pick. (Note that the fence gate does not align with the orchard gate and also forces equipment into the orchard fence - 12 feet, before they can enter and turn. https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 6/21/22 4:35 PM IMG_20220620 115529244.ba 5) This photo shows the extremely forceful gate pull required to close the wire gate. (Note that this pull force at the shoulder is over 85 -pounds which exclude over 90% of women and 25% of men from having the strength to open/close the gate. The force was measured with a dynamometer and the strength norms are published in the scientific literature. Therefore, the gate is designed to prevent access to the orchard and this fact could also create a traffic hazard on cR 43). _airy r a i r r� J • .. 4J i '. Y./4 9� . 4 • 6 rb41 a https://mail.google.com/mail/u/0/#inbox?projector=1 6/21/22, 4:40 PM IMG_0643[1].JPG 6 This photo shows the Warren's proposed separate access which is an additional 30 -foot and next to the shared access. (Note: the County will not allow two side -by -side access points). https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 6/21/22, 4:40 PM IMG_0642[1].JPG 7) Photo of Warren's proposed separate parallel road for Worrall's in a floodplain pasture. (Note: the Fire Department came and said that the embankment was too steep and that the soil was too soft for any emergency vehicles. Obviously, hay sale trucks/trailers could not navigate this site either). Warren's say that their equipment is too big to safely share our common road, so maybe they should build a new road? https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 6/21/22, 4:26 PM IMG_0654.JPG 8 Worrell's do have other access points such as seen in this photo. However none of them have roads and lead directly into planted fields with drip tape (drip tape and irrigation elbows do not tolerate heavy traffic without breaking). https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 6/21/22, 4:23 PM IMG_0659.JPG 9) Photo of a dirt road along Wo rrell's SW border (see property marker pole with - � but it stops at a ditch ), our property to the right), and we have no access here (Note: our shared road with and A Warren's is our only RES a g access that connects to our house and farm). https://mail.google.com/mail/u/0/#inbox?projector=1 1/1 June 18, 2022 RE: Case USR22-0008 To Weld County Commissioners, We are Worrell Family Farms, who totally surround the Warren's Property on their southern border with our farm land, on their western and northern borders with a 30 -foot easement encircling their property, and a joint shared access off CR 43 on their eastern border. Therefore, we have almost constant contact with the Warren's in a way that all the other neighbors do not. We believe that when you examine their recorded words and actions that you will agree with us that they should not be granted a USR for their business in this place. Warren's property is at the very center of the Weld Agricultural District and they must convince you that they will not negatively impact this Ag community and the specific "Right to Farm" freedoms that the Weld County Commissioners are charged to protect. In most cases, you would have to predict the future actions of the petitioner without any previous history. In this case, you have over eight months of actions to judge without guessing. We are not asking you to judge the civil' suit that is pending, but to simply determine what the intent of their business is in regards to their closest Ag neighbor (Worrell's). The property was billed as "bring your horses" to these six acres; instead we got over 19 large vehicles and trailers stored outside with additional pick-ups stored inside the vehicle maintenance barn. These outside vehicles continually impede on our 30 -foot easement and their metal pipe fence encroaches on our easement without them moving parts of it as they had promised (so that hay trucks can get through). In December, after being here just a couple of months, they said "We did not come here to argue, we came here to tell you how things are going to be". They then said that they would close off the only road to our house and that our hay customers would no longer be able to buy hay (no hay sold for four months now). They said that they would shut down the Ag ramp, necessary for our custom contract hay equipment, to reach our fields to harvest hay. Finally, they said we will fence off your orchard to prevent any U -Pick. They kept their word and we are unable to continue farming after 11 -years on the property. Our only recourse to date has been the devastatingly expensive civil suit (Judge Taylor has granted us a temporary emergency injunction to once again use the joint shared road). This company wants us to abandon the shared access points and roads that our family farm has always used. They will be satisfied with nothing less than the company exclusivity that threatens our farming. This business has more resources than our family farm and will be relentless is continuing to harass us unless you protect us by not granting the USR. Thank you for saving the "Right to Farm" for us, as well as for our children and grandchildren. Greg and Melanie Worrell 36459 CR 43 Eaton, CO 80615 FILE CONTAINS SAMPLE DRIP TAPE Please See Original File USR22-0008 EXHIBIT ea •r wiL ego tzt% g FILED: NUMBER: June 14, 2022CV30123 2022 11:56 AM DISTRICT COURT, WELD COUNTY, COLORADO Court Court Address: Phone: 901 (970) 475-2400 9th Avenue, Greeley, Colorado 80631 DATE CASE Plaintiffs: GREG WORRELL and MELANIE WORRELL v. Defendants: BRIAN WARREN and JODI WARREN v. Third U.S. -Party BANK Defendants: NATIONAL ASSOCIATION; JOHN LEFEBVRE, in his capacity as the Public Trustee of weld County, Colorado ♦ COURT USE ONLY t Case No.: Division: 2022 4 CV 30123 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION THIS MATTER is before the Court on the Motion for a Preliminary Injunction ("Motion") filed by Plaintiffs Greg Worrell and Melanie Worrell on February 24, 2022, against Defendants Brian Warren and Jodi Warren. The Court reviewed the Motion, Response, and all related documents, heard evidence at a Preliminary Injunction Hearing on May 23, 2022 (the "Hearing"), and now hereby finds and orders as follows: I. RELEVANT FACTUAL BACKGROUND 1. Plaintiffs own real property identified as Lot B on the Recorded Exemption No. 0709-33-4 RE -5032 ("Lot B"), which was recorded with the Weld County Clerk & Recorder's Plaintiffs: Greg Worrell and Melanie Worrell v. Defendants: Brian Warren and Jodi Warren Case No. 2022 CV 30123 Division 4 office on October 20, 2010, at Reception No. 3726750 ("Recorded Exemption"). The parties stipulated to admission of the Recorded Exemption at the Hearing as Plaintiffs' Exhibit 4. 2. Plaintiffs purchased Lot B on or about November 5, 2010. The parties stipulated to admission of the deed conveying Lot B to Plaintiffs as Plaintiffs' Exhibit 3. 3. Defendants own real property identified as Lot A on the 2nd Corrected Recorded Exemption No. 0709-33-4 RE -5032 ("Lot A"), which was recorded with the Weld County Clerk & Recorder's office on May 5, 2011, at Reception No. 3766731 (the "2nd Corr. Rec. Ex."). The parties stipulated to admission of the 2nd Corr. Rec. Ex. as Plaintiffs' Exhibit 10. 4. Defendants purchased Lot A on or about September 10, 2021. The parties stipulated to admission of the deed conveying Lot A to Defendants as Plaintiffs' Exhibit 23. 5. Plaintiffs and prior owners of Defendants' real property, Steven and Sandra Doerschlag, entered into an agreement on or about May 4, 2011 (the "Agreement"), in which Plaintiffs were granted access across a portion of the improved driveway located on Lot A. The parties stipulated to admission of the Agreement at the Hearing as Plaintiffs' Exhibit 9. 6. The 2nd Corr. Rec. Ex. was recorded with the Weld County Clerk & Recorder's office subsequent to the date that Plaintiffs and the Doerschlags entered into the Agreement. 7. The 2nd Corr. Rec. Ex. includes a 30 -foot residential access and utility easement for the benefit of Lot B along the northern and western edges of Lot B (the "30 -foot Easement"). 8. The 2nd Corr. Rec. Ex. identifies residential and agricultural access for the benefit of Lot A and Lot B (the "Res & Ag Access"). 9. The arrow identifying the Res & Ag Access on the 2nd Corr. Rec. Ex. does not point to the 30 -foot Easement. Page 2 of 8 Plaintiffs: Greg Worrell and Melanie Worrell v. Defendants: Brian Warren and Jodi Warren Case No. 2022 CV 30123 Division 4 10. The Res & Ag Access on the 2nd Corr. Rec. Ex. is in a different location than the "Res & Ag Access" identified on the Recorded Exemption. 11. The Court does not find testimony offered by Steven Doerschlag at the Hearing to be credible concerning the intent of Plaintiffs and the Doerschlags in entering into the Agreement. 12. After entering into the Agreement, Plaintiffs improved the 30 -foot Easement and access to the 30 -foot Easement from the improved driveway across Lot A. 13. From approximately May 2011 until December 2021, Plaintiffs regularly utilized the improved driveway across Lot A for residential and agricultural purposes to access the 30 - Foot Easement. 14. No evidence was presented at the hearing that the prior owners of Lot A prohibited or attempted to prohibit Plaintiffs' use of the improved driveway across Lot A to access the 30 -foot easement. 15. Before approximately December 2021, Defendants did not attempt to prohibit Plaintiffs' use of the improved driveway across Lot A to access the 30 -foot Easement. 16. In approximately December 2021, Defendants notified Plaintiffs that they would no longer be allowed to use the improved driveway to access the 30 -foot Easement. Defendants testified that they provided Plaintiffs with a 60 -day notice to stop using the improved driveway. 17. Defendants removed Plaintiffs' access to the electronic gate across the improved driveway and installed boulders to prevent vehicle access across the improved driveway. According to Defendants' testimony, the boulders across the improved driveway have since been removed. Page 3 of 8 Plaintiffs: Greg Worrell and Melanie Worrell v. Defendants: Brian Warren and Jodi Warren Case No. 2022 CV 30123 Division 4 18. Plaintiffs have been unable to use the improved driveway across Lot A to access the 30 -foot Easement since Defendants removed their access from the electronic gate and installed boulders on the improved driveway. 19. Defendants also installed a fence, gate, and boulders along the southern edge of their property line at the end of the improved driveway. 20. Plaintiffs contend that the fence, gate, and boulders installed by Defendants at the southern edge of their property line at the end of the improved driveway interfere with Plaintiffs' access to the apple orchard on Lot B. 21. Plaintiffs have utilized the apple orchard on Lot B as a you -pick apple orchard since approximately 2019. II. FINDINGS OF FACT AND CONCLUSIONS OF LAW 22. A preliminary injunction is a drastic remedy that is designed to preserve the status quo or to protect rights pending the ultimate determination of an issue. City of Golden v. Simpson, 83 P.3d 87, 96 (Colo. 2004). Specifically, a preliminary injunction is designed to "prevent irreparable harm prior to a decision on the merits of a case." Id. 23. To be entitled to a preliminary injunction, the moving party must demonstrate each of the following elements: (1) a reasonable probability of success on the merits; (2) a danger of real, immediate, and irreparable injury which may be prevented by injunctive relief; (3) that there is no plain, speedy, and adequate remedy at law; (4) that the granting of the preliminary injunction will not disserve the public interest; (5) that the balance of equities favors the injunction; and (6) that the injunction will preserve the status quo pending a trial on the merits. Rathke v. MacFarlane, 648 P.2d 648, 654-55 (Colo. 1982). The decision to grant or Page 4 of 8 Plaintiffs: Greg Worrell and Melanie Worrell v. Defendants: Brian Warren and Jodi Warren Case No. 2022 CV 30123 Division 4 deny a preliminary injunction is within the discretion of the trial court, but the court should thoroughly review all evidence and avoid indiscriminately granting injunctions. Id. at 653. 24. Plaintiffs have established a reasonable probability of success on the merits of their claim that an express easement exists on the improved driveway across Lot A to access the 30 -foot Easement. The Res & Ag Access identified on the Sec. Corr. Rec. Ex. identifies a new access when compared to the access identified on the Recorded Exemption. Defendants also visited Lot A prior to purchasing Lot A and testified to their knowledge of the configuration of the improved driveway. Defendants reviewed the Sec. Corr. Rec. Ex. prior to purchasing Lot A. Defendants were on actual, constructive, or inquiry notice of Plaintiffs' access across the improved driveway on Lot A to access the 30 -foot Easement. 25. Plaintiffs have established a reasonable probability of success on the merits of their claim that an easement by estoppel exists on the improved driveway across Lot A to access the 30 -foot Easement. The elements of an easement by estoppel are that: (a) the owner of the servient estate permitted another to use that land under circumstances in which it was reasonable to foresee that the user would substantially change position believing that the permission would not be revoked; (b) the user substantially changed position in reasonable reliance on that belief; and (3) injustice can be avoided only by establishment of a servitude. Lobato v. Taylor, 71 P.3d 938, 950-51 (Colo. 2002). The prior and current owners of Lot A permitted Plaintiffs to use the improved driveway across Lot A to access the 30 -foot Easement. In reasonable reliance on their belief that they were permitted to use the improved driveway to access the 30 -foot Easement, Plaintiffs substantially changed their position by improving the 30 -foot Easement and access to the 30 -foot Easement from the improved driveway. It was reasonable for the prior owners of Lot A, the Doerschlags, to foresee that Plaintiffs would rely on that permission and substantially Page 5 of 8 Plaintiffs: Greg Worrell and Melanie Worrell v. Defendants: Brian Warren and Jodi Warren Case No. 2022 CV 30123 Division 4 change their position in the belief that such permission would not be revoked. The injustice of Defendants' removal of Plaintiffs' access to the improved driveway across Lot A can be avoided only by establishment of an easement across the improved driveway. 26. Plaintiffs submitted evidence that they will suffer real, immediate, and irreparable harm. Plaintiffs presented evidence that they will likely suffer immediate reputational injury and loss of customers, which cannot be calculated in monetary damages. 27. Plaintiffs submitted evidence that no adequate remedy at law exists, which element is satisfied in situations where calculating monetary damages would be difficult, such as the loss of customers. Am. Television & Comms. Corp. v. Manning, 651 P.2d 440, 446 (Colo. App. 1982). 28. Plaintiffs presented evidence that the granting of a preliminary injunction will not disserve the public interest. The granting of a preliminary injunction here will affect only private property interests. The Court does not believe that the public interest is implicated or disserved by granting a preliminary injunction. 29. Plaintiffs presented evidence that the balance of the equities favors granting a preliminary injunction. Plaintiffs presented evidence that their agricultural interests will be significantly affected without the granting of a preliminary injunction, whereas Defendants do not have interests that will be similarly affected by granting of a preliminary injunction. 30. Plaintiffs presented evidence that the granting of a preliminary injunction will preserve the status quo as it existed prior to Defendants' removal of Plaintiffs' access to the improved driveway across Lot A until trial of this matter. 31. Regarding access to the apple orchard, the Court finds that Plaintiffs did not provide sufficient evidence to establish a reasonable probability of success on the merits of their Page 6 of 8 Plaintiffs: Greg Worrell and Melanie Worrell v. Defendants: Brian Warren and Jodi Warren Case No. 2022 CV 30123 Division 4 claims that an express or implied easement exists to access the apple orchard from the southerly edge of the improved driveway across Lot A. III. RULING 32. For the reasoning stated above, the Court finds that circumstances exist in this case warranting the drastic relief Plaintiffs seek. Therefore, the Court GRANTS the Plaintiffs' request for a preliminary injunction in part and DENIES the Plaintiffs' request for a preliminary injunction in part as follows: A. B. Defendants Brian Warren and Jodi Warren are hereby ordered to restore Plaintiffs' access to the improved driveway located on Lot A for access to the 30 -foot Easement. For the avoidance of doubt, this includes providing access for Plaintiffs to use the electronic gate across the improved driveway on Lot A and removing any boulders located on the improved driveway Plaintiffs have historically used to access the 30 - foot Easement, if any. The Court finds that the portion of the improved driveway that is the subject of this preliminary injunction is outlined in red on the attached Exhibit Defendants Brian Warren and Jodi Warren are hereby enjoined from interfering with: (1) the residential and agricultural access of Plaintiffs Greg and Melanie Worrell across the improved driveway on Lot A to access the 30 -foot Easement; and (2) the residential and agricultural access of Plaintiffs Greg and Melanie Worrell across the 30 -foot Easement. C. Plaintiffs' request that the Court order Defendants Brian Warren and Jodi Warren to remove the gate, fence, and boulders installed along the southerly edge of their Page 7of8 Plaintiffs: Greg Worrell and Melanie Worrell v. Defendants: Brian Warren and Jodi Warren Case No. 2022 CV 30123 Division 4 property line at the end of the improved driveway is denied and no preliminary injunction will be issued regarding Plaintiffs' alleged access to the Plaintiffs' apple orchard from the southerly edge of the improved driveway. D. Plaintiffs are also hereby ordered to post a $5,000.00 bond. Dated this of May, 2022. June 14, 2022 Todd Taylor District Court Judge Page 8 of 8 BOUNDARY SURVEY BEING A PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, CO EAST in* CODS SWOOND '000.1► r WAN. N. Rua A WINE 01 DE SIM FA FOETID Al yf stibra tCAP 014 16 PEZAA OF 1NTOLT4AIto LOCH r G1AN•T1) At ACM' 1 V rOAO 3 Or A LUNIA1 I CAP or SOON ¢NOEO 71142 f OD 1.31 ACCEPT of ) SufwevOR E *Him, `e. TON ROM i r 0. S LL li O ' 1e I T . 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Si LAA21 MS TY SECTION lK 11$01 •. lit (hill AK) AEMACE3111/10K M PAGE 30 ACC117 p . /IJW.N MIA C iIt at A 011 H VICINITY MAP Ufa 11b s• 641 01MINIM MOOD R ai 3050 67th Avenue, Suite 200, AGPRO fessionals - DEVELOPERS OF AGRICULI WA F (970)635-9&54 BOUNDARY SURVEY SECTION 33, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, CO f• • 4000 Oat a717aa SOO 140 3141047 3mal 1 of 2 WARREN 000329 BOUNDARY SURVEY BEING A PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6TH P M , WELD COUNTY, CO ith71 'f5 z :=-7-7---),----9- `1 \� �� , 1`�—.. �9� -`�� fin— Al \'--. �7� -- ` -., —� > i -� ;'-'-..Ty, `� `� d I I I I I iD I I I I __ T � we 3050 tl'!Ih Averwe Suite 200 1�GPROfessionals P �'7�0,63O5B7�IB° DEV. ERSOFAGRICULTURE F(97q sss sera a DETAIL r _ 4 DETAIL �,.., o ® DETAIL xwr� m LEGEND O O BOUNDARY SURVEY SECTION 33, TOWNSHIP 7 NOR I'H, RANGE 65 WEST OF THE 6TH P M , Wb1.D COUNTY CO 2of2 WARREN 000330 r� li ". v ar ..� Applicants: Brian & Jodi Warren c,/o AGPROfessionals, LLC 3050 67th Ave Greeley, CO 80634 a4. AGPROfessionals DEVELOPERS OF AGRICULTURE Request • Use b S • ecial Review USR • Oil & Gas Support & Service Business • A directional boring company AGPROfessionals DEVELOPERS OF AGRICULTURE Vicinity Map AGPROfessionals DEVELOPERS OF AGRICULTURE Site Overall t, w fNtt.s. ,.w siialifc�1r-hHrat'rAiuf i-'.i1 X -e. . . ';tAsk:c_wffz5, „ . ••:.0, ar .Ys tite x> ■ -'i "LY'..- . t:k ; GPROfessionals DEVIAALOPF.Y.RS OF AGRICULTURE Q :1 ILL:Fri‘Ufessionals Site P i an DIRECIIONAL PLUS LLC USE BY SPFCIAL VIE \rig UN T ri,R21 Neyvicssif �. _.... ...Pak ♦�•. .....w •r• ....A .r•..N� ....�. ...... .a..? t� ..._. .......1 ...... ...•••••• ..••... .•y • WOWS •.we" ...' .• . •.•...+........•A1.. • • ••.•.. • • 4•••••. • • • • r..... . •..r...4. "i i e f .• •i �~ r. tv s •°h. 4. \ r, M � �+. :w s. .� ' s .4? —k ��.r"&.aQF'a^'. e'li xua ?•ib`. w :z"�.a:U�fi.3Rl�•t>• Eames' F' THE E_ALT HALF OFTHE SOUTH EASTQUAFITER OF SECTION a IOWA Ce"IIF flAINGE G5 'a.' ar i' OF THE gTH , WEIS ICXYLINTY CCLOrt DO 1:0.1.0 ; t �r�f+i�� rY � � y'... ptaniainiti } r { ••a+• t } si.k..4basstmoseirtrat t A .w ,....� .... f ~ WT •' Warren Residence Inkirfira.4.11.ali T•T'.'. • •Pw µ•Z••'w.•. '•. rt .0e471644114.1 ..ti. • • ••••• • • -••� • • Lino.- ••• µ••• • • n••_ • II µtin Sr. _"••••• _. • • • —•••.••_.••• •.••••••.. - • w.•. • • uw,Y.nN • • • ...•s. • • ..4... • • • • w• • • — • Private Access ~�ItAlAi I I u n 1: i�.Y1tT1L"q 1Y.�IYCk 62;11* P aartlet4 NSA ,"Irlallea ti"; !Anklet !CUM Ma:ICt Zolt -Wil' iSktr2Us:YN.a7L itYYntrintt AGPROfessionals DEVELOPERS OF AGRICULTURE • • • 4 4 qd Operations 4� Parking and Equipment Storage: • Items: Pickup Trucks (5), Semi -trucks (2), Drills (3), Backhoe (1), Excavator (1), Forklift (1) & assorted trailers Employees: 5 Hours of Operation: • • Parking and Equipment Storage: Will occur 24 hours a day 7 days / week, when employees are not taking the vehicles and equipment off -site. Primary Hours of Operation in which trucks will leave and return: 6 a.m. — 8 p.m., Mon. — Sun. l'v. t+ > Y'a` •, N ��pp� ��. SN, 11 w`cmu'�".R\H� W AGPRO fessionals DEVELOPERS OF AGRICULTURE a5 �Y a t t r, aa,; d�1 $k A 5^1?G1U.vgk'&` l pp ,, i ca 7»S nt Ob i g ati cons Sec. 23-2-260 A. Uses by Special Review Consistent with: 1. Chapter 22 — Comprehensive Plan 2. Intent of District — A Zone 3. Existing Surrounding Uses 4. Future Development 5. Complies with Article V & Xl — Overlay Districts and Special Flood Hazard Areas 6. Conserve Prime Farmland 7. Adequate Provisions for Health, Safety & Welfare ,l\`�..F?�+i?�t". ['�.. <f kS.\a' ?1 _..•.. `�....'F'.�"V. 17.....ac.a:.W6S.&'xa�..AaY�k3��0....:ao....:>.:y. ,1YJY`!•.t,..c.<:r s..:c.�.x_ yt �`•'t_aw�c.y,..., e•�.G. •.. i... � <.. <. ,.. .._. ..... ;... .........�. ,. . ...<. ;s .' ..e. .o .x� ..•t. ..•.�_.,«�onw?rata<ur:�'aa_.s�caa�acacxovx..rsmeuesvesc.as. w...a',.�+..«: �Y°`o-et ik' ih� � ` .e .. ��"S �?5.(tvt.•.zw`Pub �. ,Zyb. <� a" �S�^Y.a�.�.\.d'�v. \YA��1,•L"�w,l��n� n6�� .�. �.w .n "�... ad. '.na h AGPROfessionals DEVELOPERS OF AGRICULTURE taints! {y�h k 1 spa ,titZ ite • • • • H Consistency wl Comprehensive Plan • `e-. H S 'frak Sec. 22-2-30.A.1. Land use changes should not inhibit agricultural production nor operations. Sec. 22-2-60.B.3. Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses. Section 22-2-60.B.5. Energy development facilities should preserve agricultural areas and enhance the rural landscape. Section 22-2-30.C. Harmonize development with surrounding land uses." W, 5o.L,n„.'aaa rLj AGPROfessionals DEVELOPERS OF AGRICULTURE 1 ty a 23-3-10. A (Agricultura • 23-3-10. A District Intent. Zone District Intent • The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land USES. • 23-3-40. — Uses by Special Review. • V. Oil and Gas Support & Service va r3;2cu 't Ci^Si?%iE�e Wyk AGPROfessionals DEVELOPERS OF AGRICULTURE US F3 11146 Ec INGLE. FAMILY' DWELLING SiiSla 114 ift59' r Si Le.E1E951;40):13c.§ S,R74114.Milk§ 4..P AR (;1104 cgcsrE9 RESOGRCEIDEV. F'Au AGPROfessiona Surrounding Property Owners F`.x5' 11 •. IH' . • \^ • J 1 ]CG'S'J •ti pp ■ 1,�4y : AGPROfessionals DEVELOPERS OF AGRICULTURE 0} .; 7 C?S; U� a 3F\6' Conservation of Prime Farm i and & Overlay Districts • Sec. 23-2-230 B.6. "...diligent effort to conserve Prime Farmland" • No farmland taken out of production • Overlay Districts: • Structures outside floodplain per LOMA • No Geologic Hazard • No Airport Overlay District v4t Sit^ A't AGPROfessionals Provisions for Protection of Health, Safety & Welfare • Bottled water & portable toilets • Design Standards, Operations Standards, Conditions of Approval, and Development Standards can ensure that there are adequate provisions for the protection of health, safety and welfare of the inhabitants of the neighborhood and County. ■ .�.'PR.Ofessionals 11) EV I A.,OPERS OF AGRICULTURE 174 n1W, { Nuisance Management Plan Noise: • Site will adhere to maximum noise levels allowed in Agricultural Zone District Light: • No additional outdoor lighting proposed Dust: • • Lot surfaces are landscaping, rangeland grasses and road base Watering of surfaces as necessary to suppress dust _'V.4 x Waste Management: ,�::. • • i Property owner to control noxious weeds :• 411 Business generates very little waste Trash to be collected in covered, confined dumpster and removed as needed Storage: • Parking of vehicles and equipment when not in use on work sites rit AGPROfessionals DEVELOPERS OF AGRICULTURE g� • 4 Fz.. i'Mv VV•'e! V ... i+:.au1;24. 1 a Referra s, Conditions, Development Standards s..�K.s��C«`w..6?�a'R�aK:.oxs.�R6P52c„ R?sb^Xh�`^0l��o �1 sta; • 9 local, state and federal referral agencies responded �� ''T�'Y«Ia�.ba • Use By Special Review materials reviewed, approved & conditioned • 4 Conditions of Approval �rese:�wv+azati�cvs s� al r� it 4: AGPROfessionals A pp i cant Ob i gallons Sec. 23-2-260 A. Uses by Special Review Consistent with: Chapter 22 — Comprehensive Plan Intent of District — A Zone Existing Surrounding Uses ✓ Future Development ✓ Complies with Article V & XI — Overlay Districts and Special Flood Hazard Areas ✓ Conserve Prime Farmland ✓ Adequate Provisions for Health, Safety & Welfare ■ AGPROfessionals DEVELOPERS OF AGRICULTURE i Applicants: Brian & Jodi Warren c/o AGPROfessionals, LLC 3050 67th Ave Greeley, CO 8Q634 ME riGPROfessionals DEVELOPERS OF AGRICULTURE 'P.. . n%u AGPROfessionals DEVELOPERS OF AGRICULTURE Hello