HomeMy WebLinkAbout20070441.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #600, FOR NINE (9) LOTS WITH E (ESTATE)ZONE USES, ONE (1)
COMMON OPEN SPACE OUTLOT,AND CONTINUING OIL AND GAS PRODUCTION-
DISTANT THUNDER PUD - JZM, LLC, C/O JOHN AND MARY ZADEL
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 28th day of February,2007,at 10:00 a.m.for
the purpose of hearing the application of JZM, LLC, do John and Mary Zadel, 4200 Weld County
Road 19,Fort Lupton,Colorado 80621,requesting a Site Specific Development Plan and Planned
Unit Development Final Plan,PF#600,for nine(9)lots with E(Estate)Zone uses,one(1)common
open space outlot,and continuing oil and gas production-Distant Thunder PUD,fora parcel of land
located on the following described real estate, to-wit:
Part of the S1/2 of Section 10, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing the Board deemed it advisable to continue the matter to March 7,
2007,at 10:00 a.m.,to allowed adequate time for Department of Public Health and Environment staff
to review the revised plat and Covenants, and
WHEREAS, on March 7, 2007, the applicant was present/represented at said hearing by
Doug Graff, 9075 Weld County Road 10, Fort Lupton, Colorado 80621, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission,and,having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
a. Section 27-7-40.D.2.a--The proposal is consistent with Chapters 19,22,23,
24,and 26 of the Weld County Code and any Intergovernmental Agreement
in effect influencing the PUD.
1) Section 22-2-210.D.2 (PUD.Policy 4.2) states, "A Planned Unit
Development, which includes a residential use, should provide
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PUD FINAL PLAN, PF #600 - JZM, LLC, C/O JOHN AND MARY ZADEL
PAGE 2
common open space free of buildings,streets,driveways,or parking
areas. The common open space should be designed and located to
be easily accessible to all the residents of the project and usable for
open space and recreation." The applicant has included 47.5 acres
of open space which surrounds the residential lots,providing usable
open space for the residents of the PUD. No residences shall be
built in this area.
2) Section 22-3-50.6.1 (P.Goal 2)states, "Require adequate facilities
and services to assure the health,safety,and general welfare of the
present and future residents of the County." The proposed PUD will
be serviced by the Central Weld County Water District and Individual
Sewage Disposal Systems will handle the effluent flow.
3) The proposed site is not influenced by the Mixed Use Development
area. The site is located within the City of Dacono's
Intergovernmental Agreement. The applicant has entered into an
Annexation Agreement with the City of Dacono, recorded on March
15, 2004, under Reception Number 3161681, which states both
parties agree that ata date uncertain,the applicant will annex into the
City of Dacono.
b. Section 27-7-40.D.2.b -- The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27,Article II, of the Weld County Code. An approved
On-Site Improvements Agreement will be required prior to recording the plat.
All other Performance Standards have been addressed prior to the Final Plan
application submittal. The applicant has chosen to adhere to the bulk
requirements of the E(Estate)Zone District for the residential lots and the
A (Agricultural) Zone for the open space outlot, with the exception of the
minimum lot size,as approved by the Change of Zone recorded on August 2,
2006,under Reception Number 3408234. No residences are allowed on the
open space outlot.
c. Section 27-7-40.D.2.c--The uses which will be permitted will be compatible
with the existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code or Master Plans of affected
municipalities. The proposed site is influenced by the City of Dacono's
Intergovernmental Agreement. The applicant has entered into an Annexation
Agreement with the City of Dacono, recorded on March 15, 2004, under
Reception Number 3161681. The proposed development is also located
within the three-mile referral area of the City of Fort Lupton. The City of Fort
Lupton, in its referral dated January 3, 2007, states no objection to the
development itself,but questions the PUD request by the applicant. The City
of Fort Lupton also has concerns regarding the proposed development being
compatible with the existing zoning of the surrounding area and that it may
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not comply with the City of Dacono's Comprehensive Land Use Plan,revised
in January 2005. The City of Dacono stated, in its referral dated
December 22, 2006, that it objects to the proposal and does not have a
record of the mutually signed agreement. The applicant has supplied the
City of Dacono with a copy of the recorded agreement. The surrounding
uses are agricultural in nature,with the following approved Use by Special
Review Permits: USR-1039 for an injection well, USR-1330 for an
Excavation Business, and USR-428 for a Compressor Station for Natural
Gas. Granting of this PUD Final Plan will have a minimal impact on the
surrounding land uses.
d. Section 27-7-40.D.2.d --Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the Performance Standards in Chapter 27,Article II,of the
Weld County Code. The residential lots will be serviced by the Central Weld
County Water District. The Weld County Attorneys Office has indicated that
the water agreement submitted by the applicant was adequate for the
Change of Zone. The Weld County Department of Public Health and
Environment has indicated, in a referral response dated August 29, 2003,
that the application has satisfied Chapter 27 of the Weld County Code in
regard to water and sewer service.
e. Section 27-7-40.D.2.e--Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. The Weld County Department of Public Works reviewed this
request and indicated, in the referral dated December 27, 2006, that the
applicant will still need to address the drainage and the construction of the
road. The applicants have submitted a Private Improvements Agreement
According Policy Regarding Collateral for Improvements. A finalized
Improvements Agreement will be required for review,and accepted by the
Weld County Board of County Commissioners, prior to recording the PUD
final plat.
f. Section 27-7-40.D.2.f- In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Sections of Chapters 22,24,and 26,
if applicable. The Weld County Department of Public Works has indicated,
in the referral dated December27,2006,that a traffic studyforthe proposed
subdivision was not required because Weld County Road 19 is a paved
roadway and capable of handling the additional traffic,therefore,no off-site
improvements are required.
g. Section 27-7-40.D.2.g -- There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
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subject site. The Weld County Department of Public Works stated a copy
of the Final Drainage Report and construction plans shall be approved prior
to recording final plat.
h. Section 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible
with the criteria listed in the Developmental Guide included in the application
materials.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of JZM, LLC, c/o John and Mary Zadel, for a Site Specific
Development Plan and Planned Unit Development Final Plan, PF #600, for nine (9) lots with
E(Estate)Zone uses,one(1)common open space outlot,and continuing oil and gas production-
Distant Thunder PUD,on the above referenced parcel of land be,and hereby is,granted subject to
the following conditions:
1. Prior to Recording the PUD Final Plat:
A. The Board of County Commissioners shall review and approve the signed
and dated Improvements Agreement According to Policy Regarding
Collateral for Improvements,including the form of collateral. The security for
the Agreement shall be tendered and accepted by the Board of County
Commissioners.
B. The applicant shall submit, to the Weld County Department of Planning
Services,a bid for the proposed landscaping, listing the itemized materials
and labor costs as outlined in the Improvements Agreement. The applicant
shall make the appropriate changes to the Improvements Agreement, as
stated by the Department of Public Works in the referral dated January 2,
2007, and then resubmit copies of the Agreement for final approval by the
Weld County Departments of Public Works and Planning Services.
C. The applicant shall submit evidence that the Weld County Attorney's Office
has reviewed and approved the Restrictive Covenants and Homeowners'
Association Incorporation paperwork for the Distant Thunder PUD. Any
changes requested by the Weld County Attorney's Office and Department
of Planning Services shall be incorporated.
D. The applicant shall submit finalized copies and the appropriate fee($6.00 for
the first page, and $5.00 for each additional page) to the Department of
Planning Services for recording the Restrictive Covenants for Distant
Thunder PUD in the office of the Clerk and Recorder.
E. The applicant shall provide written evidence from all applicable service
agencies, including the Fort Lupton Fire Protection District,the Weld County
Sheriffs Office,Ambulance provider,and the Post Office,to the Department
of Planning Services indicating that the proposed street names are in
compliance with their identification/naming protocol/addressing.
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F. The applicant shall submit evidence to the Department of Planning Services
that the Homeowners'Association has been recorded with the Secretary of
the State.
G. The applicant shall submit deeds to the Department of Planning Services for
recording of the outlot and open space areas deeding them to the Distant
Thunder Homeowners' Association.
H. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral responses
dated December 27,2006, and February 20, 2007. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
1. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated December 26, 2006. Evidence of such shall be
submitted, in writing,to the Weld County Department of Planning Services.
J. The applicant shall address the requirements of Weld County School District
RE-8, as stated in the referral response dated December 28, 2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
K. The applicant shall attempt to address the requirements and concerns of the
City of Dacono,as stated in the referral response dated December 22,2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
L. The applicant shall attempt to address the requirements and concerns of the
City of Fort Lupton,as stated in the referral response dated January 3,2007.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
M. The Platte Valley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils. Evidence of such shall be
submitted, in writing,to the Weld County Department of Planning Services.
N. The applicant shall address the requirements and concerns of the Weld
County Paramedic Service, as stated in the referral response dated
December 12, 2006. Evidence of such shall be submitted, in writing,to the
Weld County Department of Planning Services.
O. The applicant shall attempt to address the requirements and concerns of the
Farmers Reservoir and Irrigation Company, as stated in the referral
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response dated December 11,2006. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
P. The applicant shall address the requirements and concerns of the Office of
the State Engineer, Division of Water Resources, as stated in the referral
response dated December 8, 2006. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
Q. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
R. The applicant shall submit to the Weld County Department of Planning
Services a signed Water Service Agreement with the Central Weld County
Water District.
S. The applicant shall make the following changes to the Covenants:
1) Page 1, Section 2.5, shall state the "declarant shall install a paved
road according to the specifications of Weld County."
2) Page 16, Section 8.7, the signs in the subdivision must adhere to
Chapter 23, Article IV, Division 2, of the Weld County Code.
3) Page 15, Section 8.5, the Animal units allowed must adhere to
Sections 23-1-90 and 23-3-440.H of the Weld County Code for
E (Estate)Zoning.
4) Page 20, Section 8.17, shall also restrict building structures within
the drill envelopes noted on the plat.
5) The applicant shall also address the concerns of the Utilities
Coordinating Advisory Committee expressed at the hearing on
January 11,2007, regarding fences not being allowed to be built on
or hinder the open space access between Lots 5 and 6.
6) The applicant shall include language in the Covenants that address
the concerns of Xcel Energy, as stated in the referral dated July 24,
2006.
T. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is .tif(Group 4). (Group 6 is not acceptable).
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U. The Plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF-600.
2) The Weld County's Right to Farm Statement shall be placed on the
plat per Appendix 22-E of the Weld County Code.
3) The applicant shall delineate the primary and secondary septic
system envelopes.
4) Both John and MaryZadel shall sign the plat as acting managers for
JZM, LLC.
5) Weld County Road 19 is classified by the Weld County Roadway
Classification Plan as a collector status roadway,which requires 80
feet of right-of-way at full buildout. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way. If
the right-of-way can not be verified, it shall be dedicated. The plat
shall delineate the existing right-of-way and the documents which
created it, along with any additional future right-of-way required.
6) The City of Dacono is requesting that 45 feet from the center line of
Weld County Road 19 be dedicated.
7) The wetland area currently shown on Lot 3 shall be located entirely
within the open space outlot.
8) The Typical Road Cross Section shall be amended to show a six(6)
inch minimum Class 5 Road Base.
9) The plat shall include a drainage and utility easement across the
open space along Weld County Road 19,per the requirements of the
Utilities Coordinating Advisory Committed hearing on January 11,
2007.
10) The plat shall include a utility and drainage service block,per Section
27-9-40.B of the Weld County Code.
11) The sign shall adhere to Chapter 23,Article IV,Division 2,of the Weld
County Code,and its location and design shall be delineated on the
plat.
12) Intersection sight distance triangles at the development entrance will
be required to be shown on the plat. All landscaping within the
triangles must be less then 3.5 feet in height a maturity.
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13) The plat certificates shall adhere to Section 27-9-20.M of the Weld
County Code.
14) The applicant shall delineate the location of the mail kiosk.
15) The applicant shall show the location of all fire hydrants approved by
the Fort Lupton Fire Protection District.
16) The applicant shall indicate how the landscaping within the open
space will be irrigated.
17) The Landscape areas on Lots 1 and 9 shall be outlots and dedicated
to the Homeowners' Association.
18) The applicant shall designate building envelopes on Lots 1 through 9
that meet the setback requirements of Section 23-3-440 of the Weld
County Code.
2. The Final Plat is conditional upon the following and that each be placed on the Final
Plat as notes prior to recording:
A. PUD Final Plat, PF #600, is for nine (9) lots with E (Estate) Zone uses,
one(1)common open space outlot(47.5 acres),and continuing oil and gas
production uses, Distant Thunder PUD.
B. The nine residential lots shall adhere to the bulk standards of the E(Estate)
Zone District, except for the minimum lot size.
C. The open space lots are non-buildable for residential structures or structures
providing habitable space.
D. Installation of utilities shall comply with Sections 24-9-10 and 27-9-40 of the
Weld County Code and the conditions of the Utilities Coordinating Advisory
Committee.
E. A Weld County septic permit is required for each proposed septic system,
which shall be installed in according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) regulations. Each septic system shall be
designed for site-specific conditions including, but not limited to:maximum
seasonal high groundwater, poor soils, and shallow bedrock.
F. Water service shall be provided by the Central Weld County Water District.
G. Prior to the release of building permits on Lots 1 through 9, the lot owner
shall verify with the nearest Town/City or Sanitation District to determine the
location of the nearest sanitary sewer line. In accordance with the Weld
County Code, if a sewer line exists within four hundred (400) feet of the
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property line, and the sewer provider is willing to serve the proposed
structure,a septic permit cannot be granted by the Weld County Department
of Public Health and Environment. Evidence of such shall be submitted, in
writing, to the Weld County Department of Building Inspection.
H. Language for the preservation and/or protection of the absorption field'areas'
shall be placed in the development Covenants. The Covenants shall state
that activities, such as permanent landscaping, structures, dirt mounds,
animal husbandry activities, or other activities that would interfere with the
construction,maintenance,or function of the fields,should be restricted over
the absorption field areas while in use.
If required, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project.
J. During development of the site,all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
K. In accordance with the Regulations of the Colorado Air Quality Control
Commission,any development that disturbs more than five(5)acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
L. If land development creates more than a 25-acre contiguous disturbance,or
exceeds six (6) months in duration, the responsible party shall prepare a
Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
M. A Homeowners'Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance,taxes and maintenance of
open space, streets, private utilities, and other facilities, along with the
enforcement of the Covenants.
N. The Homeowners'Association shall be responsible for replacing all dead or
dying plant material in the open space areas.
O. Weld County's Right to Farm Statement,as delineated on this plat,shall be
recognized at all times.
P. Stop signs and street name signs will be required at all intersections.
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Q. All signs, including entrance signs,shall require building permits. All signs
shall adhere to Chapter 23,Article IV, Division 2,of the Weld County Code.
These requirements shall apply to all temporary and permanent signs.
R. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
S. A building permit application must be completed for each lot, and two
complete sets of plans,including engineered foundation plans,shall bear the
wet stamp of a Colorado registered architect or engineer and must be
submitted for review. A Geotechnical Engineering Report, preformed by a
Colorado registered engineer, shall be required.
T. A plan review must be approved, and a permit must be issued, prior to the
start of construction on any of the planned lots.
U. All structures shall conform to the requirements of the 2003 International
Building Code, 2005 National Electrical Code, and Chapter 29 of the Weld
County Code or adopted Codes at the time of the building permit.
V. Prior to the release of building permit,the applicant shall submit evidence of
approval from the Fort Lupton Fire Protection District to the Weld County
Department of Building Inspection.
W. Setback and offset distances shall be determined by the 2003 International
Building Code and Chapter 23 of the Weld County Code(offset and setback
distances are measured from the farthest projection from the structure).
X. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
Y. Weld County Government personnel shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out
on the property comply with the Development Standards stated herein and
all applicable Weld County regulations.
Z. The site shall maintain compliance,at all times,with the requirements of the
Weld County Departments of Public Works,Public Health and Environment,
and Planning Services, and adopted Weld County Code and policies.
AA. The site shall maintain compliance with the Fort Lupton Fire Protection
District at all times.
BB. Effective January 1,2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee Program.
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CC. Effective August 1,2005,building permits issued on the proposed lots will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee.
DD. Section 27-8-70 of the Weld County Code-Failure to Commence a Planned
Unit Development Final Plan - If no construction has begun, or no use
established in the PUD within one(1)year of the date of the approval of the
PUD Final Plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating that the
PUD Final Plan has not been abandoned and that the applicant possesses
the willingness and ability to continue the PUD. The Board may extend the
date for initiation of the PUD construction, and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board
determines that conditions supporting the original approval of the PUD Final
Plan have changed,or that the landowner cannot implement the PUD Final
Plan,the Board may, after a public hearing,revoke the PUD Final Plan and
order the recorded PUD Plan vacated.
EE. Section 27-8-80.A of the Weld County Code - Failure to Comply with the
PUD Final Plan - The Board of County Commissioners may serve written
notice upon such organization or upon the owners or residents of the PUD
setting forth that the organization has failed to comply with the PUD Final
Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty(30)days thereof. A hearing shall be held
by the Board within fifteen (15)days of the issuance of such notice, setting
forth the item, date, and place of the hearing. The Board may modify the
terms of the original notice as to deficiencies and may give an extension of
time within which they shall be rectified.
FF. Section 27-8-80.B of the Weld County Code - Any PUD Zone District
approved in a Final Plan shall be considered as being in compliance with
Chapter 24 of the Weld County Code and Section 30-28-101,et seq.,C.R.S.
GG. No development activity shall commence, nor shall any building permits be
issued on the property,until the Final Plan has been approved and recorded.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit two(2)paper copies of the plat,for preliminary approval,to the Weld County
Department of Planning Services. Upon approval of the paper copies,the applicant
shall submit a Mylar plat,along with all other documentation required as Conditions
of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 27-9-20 of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
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4. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan - If a Final Plan plat has not been recorded within one(1)
year of the date of the approval of the PUD Final Plan,or within a date specified by
the Board of County Commissioners, the Board may require the landowner to
appear before it and present evidence substantiating that the PUD Final Plan has not
been abandoned and that the applicant possesses the willingness and ability to
record the PUD Final Plan plat. The Board may extend the date for recording the
plat. If the Board determines that conditions supporting the original approval of the
PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the
PUD Final Plan.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
r I WE COUNTY, COLORADO
ATTEST: rj.gall
� cift. /yy d``
i ,_ 2 id E. Lon Chair
Weld County Clerk to the Bard ii
El N
er
' 4' illia a e, Pro-Tern
y Clerk o the Board (CA
7
William F. Garcia
APPROVED AS TO FORM: , V' O_
C( Ro ert D. asden iit
Douglas Rademacher
Date of signature: A40 l
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