HomeMy WebLinkAbout20221685.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant: Brian and Jodi Marren c o A PR fessionala
Case Number: iLIS 2 -0008
Submitted or Prepared
Prior to
Hearing
At
Hearing
1
GREG WORRELL
—
PO AGAINST
2
MEI-ANIE
WORRELL SPO AGAINST
—
3
WAYNE
ALM
- SPO
NOT
AGAINST
4
BARRY
JOHNSON
- SPO
NOT
AGAINST
b
BOB & RHAN DA N USEAU M SPO NOT AGAINST
—
f
TYLER & AMANDA WRIGHT SPO NOT AGAINST
—
7
BRANDEN & MCKENNA FERGUSON SPO NOT AGAINST
—
8
GREG WORRELL # 2 — SPO
AGAINST
X
EXHIBIT
June 1, 2022
TO: Weld County Planning Commission & Maxwell Nader
RE: Case # U5R22-0008 (Ag Zone District intrusion by non-Ag business)
FR: Worrell Family Farms & GregWorrell (Manager/Farmer)
Worrell Family Farms completed a house to live in on the 54 -acres of flood irrigated ground at the end
of 2011. Initially, the land was rented to local farmers while a sub -surface drip irrigation system was
designed and installed in 2013. These 50 acres were planted by Worrell Family Farms in alfalfa (2016)
and the apple/pear orchard was planted in 2014-15 (over 1,100 trees). This caught the attention of the
West Greeley Conservation District who recognized us as Farm Conservationists of the Year for 2014,
Warren's moored in to their house and brought in their trucks/trailers in fall of 2021. Almost
immediately their equipment began infringing on our 3o -foot easement which covers the borders of
their Forth and West property. Our farm enterprise suddenly changed February 18, 2022 when
Directional Grilling blocked the shared road, which .bath businesses use, to prevent our important winter
hay sales (no sales for over 3 -months). For over 10 years, this shared road has been our primary Ag
access as well as the only Res access and read that connect to our home (our Southern neighbors are
allowing us to temporarily use their access for residential use only).
The Warrens also put in a fence and non-functional wire gate (South side of the shared access from CFA
43) that will prevent cars from getting to our U -Pick orchard beginning in July. The gate is also
positioned to head directly into the orchard fence ors. being positioned to use the Ag ramp that parallels
the orchard fence. Therefore, our contract hay cutters and balers (trailer carried equipment) will have
no way to access the alfalfa field and parr trailers. This fence/gate is also a traffic hazard off of CR 43 for
this equipment (if they could get through) and would be a traffic hazard to the flog of cars offian CR 43
for the lJ-Pick. We assume that the U -Pick will be closed this year and therefore have not done the
necessary pre -season advertising. Many of our customers, both U -pick and hay have and will find other
vendors and not be back. So our previous Ag reputation is for naught,
Directional Grilling has ignored our repeated pleas to mediate for a workable solution to allow both
businesses to function. Instead, they correctly perceive it as in their best personal interest to black
Worrell Family Farms by their exclusive use of the access and formerly shared road. If they can't share
and co -exist with their existing farm neighbors then they should be denied a non -AG business permit in
an Ag zoned area.
Thanks for your consideration,
Greg Worrell (Manager/Farmer)
Directional Drilling Access Permit Application
Case tt USR-22-0008, Brian Warren June 7, 2022
To Maxwell Mader and Weld County Planning
Warrens moved into their property at 36401 CR 43 about October 2021 and shortly after that brought in
large equipment, trailers and multiple employee vehicles. For example, over Memorial Day weekend
there were 19 implements and trailers parked outside. (There is also a large enclosed barn, unsure
what's in there.)
We purchased 36459 CR 43 in November 2010, eleven years before Warrens carne, and share an access
point off CR 43 with therm. The access connects to our easement across Warrens property for the
purpose of Residential/Agricultural f Untility/Well access. We built our home and a drip irrigated 65 acre
hay field and fruit orchard and have been developing a customer base for both. We run a U -Pick every
,summer/fall in the orchard. The farm had been rented out many years before we purchased it and the
access off CR 43 was the main entrance for farm equipment. The owners before Warrens requested
that the field equipment not use the main drive(our resiag access), so we built a dirt ramp down into
the field parallel to the main drive as a courtesy to them. This created a long "parking" area allowing
custom cutters to bring their equipment and trailers in quickly without stopping to get off the highway.
Our U pick customers also use this as parking. This set up has been working well for us and we feel good
about the way traffic can quickly exit the highway without causing a traffic backup or safety issue.
When Warrens were considering purchase of the property they carne by and asked if there was anything
they needed to know. We explained our easement, our farm business and the shared access. They
stated they understood and didn't expect it to be a problem. They stated they had a directional drilling
company and asked if equipment parking there would be a problem to us. We expected to be able to
work with them to both our advantages. As soon as they moved in they demanded that a gate between
us, which is built on our easement, be closed at all times. They even expected ray husband to get off the
tractor while clearing snag or working on the road to keep this gate closed. A hay customer was
padlocked in when he came to get 2 bales of hay and anticipated a quick turnaround. This gate is over a
cattle guard and neither Warrens nor us have animals in this area,
In December 2021 Mr Warren told us he was building gates and fencing to prevent us from having a U -
Pick anymore and that we would not be able to sell hay nor use the shared driveway. We have been
locked out of using CR 43 or the dirt ramp into our field since Feb, 2022, We haven't sold hay, had trash
service or deliveries. We have depended on the kind permission of another neighbor to get in and out.
This also will prevent the large custom farm equipment from using this safe entrance. (Vile do have a
less safe entrance off of Hwy 74 that goes directly into a wet irrigation area.) He has been unwilling to
work on compromise and we were forced to take hirer to court. At our injunction hearing he testified
that because he has a business with large equipment that there was not room for 2 businesses to
operate out of that access point safely. Has attitude is that since he is "bigger" and owns the land that
he doesn't have to work with us and our legal easement. This is why Agriculture and Industry are
usually zoned separately! We respectfully request that their petition be denied.
Thank you, Melanie Worrell
Wayne Alm
20842 CR 76
Eaton, CO 80615
June 1, 2022
RE: Case USR22-0008
To the Weld County Planning Commissioner,.
own the property at 20842 CR 76 which is within 500 ft the Warren's property at 36401 CR 43. am in
support of the Warren's being granted a USR for their business.
Thank you,
Wayne Mtn
1
EXHIBIT
Barry Johnson
0 AJohnson & Sons Inc
34998 County Road 45
Eaton, Co 80615
June 1, 2022
RE: Case U R22-0008
To Weld County Planning Commission,
I own the land directiy to the West of the Warren property (36401 CR 43)4We are in support of the
Warren's being granted a USR for their business.
Thank you,
LW( e fres
Barry Johnsorn
R A Johnson & Sons Inc
F mito4calsoinr
-111
oLget-cy
EXHIBIT
5
Robert and Rha nda Nusbaum
36125 CR 4
Eaton, CO 80615
June 112022
RE: Cass. LISR22-0008
To Weld County Planning Commission,
We are the neighbors who are in the next house south of the Warren property on CR 43. We are in
support of theWarren's being granted a USR for their business.
Thank you,
khOtint atabetarn
Bob and Rhanda Nusbaum
Tyler and Amanda Wright
36530 OR 43
Eaton., CO 80613
June 302022
RE: Casa UR22-0008
To Whom is May Concern,
We are the neighbors directly across the road from the Warren property (36401 CR 43)d We are in
support of the Warren's being granted a USR for their business
Thank you,
Tyler and Amanda Wright
EXHIBIT
•
Brand.en and McKenna Ferguson
36409 CR 4
Eaton, CO 80615
June 3, 2022
FEE: Case USR2 -0008
To Whom is !Way Concern,
We are the neighbors who border the Warren proper (36401 CFA ) at the northeast corner, adjacent
to their driveway, We are in support of the W'arren's bung granted a USK for their business.
Thank you,
ITICKeortfaa
Branden and McKenna Ferguson
EXHIBIT
S
Maxwell Nader
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Greg Morrell <worrellfarms2@gmai l.corn>
Monday, June 6, 2022 8:50 A
Maxwell Bader
Greg Worrell
Photos for Case # USR22-0008 Exhibits
I MG_064 3 [1 ] .J PGr I G _ 0642 [ 1 ] .J PG; I M G_0644 [ J ].J PG
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sender and know the content is safe.
Max,
Attached are three photos which show the Warren's attempt to block Worrell Family Farms from operating their farm
(farming here for more than 10 -years).
Photo 0544 shows warren's fence blocking the orchard (impossible for U -Pick) and pasts on dirt ramp preventing haying
equipment from entering Worrell's Farm.
Photo 0642 shags Warren's proposed alternate road area (note that this is soft dirt pasture that is up to 5 -feet below
read grade (see our previous "shared read' to left) and is a floodplain !
Photo 0843 shows the suggested access change by Warrens from C R 43 (30 -foot between stake and mailbox)..
The photos are probably worth a thousand words in describing the extreme disruption of farming by a iron-Ag business
in an Ag area. Thanks!
Greg Worrell (970) 978-1498
Hello