HomeMy WebLinkAbout20060752.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE,PZ#1102,FROM A(AGRICULTURA -'NE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DIST' - TRINITY
PROPERTIES,LP
WHEREAS,the Board of County Commissioners of Weld County,Co ado,pur - to
Colorado statute and the Weld County Home Rule Charter,is vested wit he auth y of
administering the affairs of Weld County,Colorado,and
WHEREAS,a public hearing was held on the 5th day of A ,2006,a . a.m.for the
purpose of hearing the application of Trinity Properties, P,356 Fo wood Drive,Santa Maria,
California 93455,requesting Change of Zone,PZ#11 ,from the A( icultural)Zone District to
the PUD(Planned Unit Development)Zone Distric r 17 residential lot o(2)non-residential
agricultural outlots,and 0.8 acres of open space ng with oil and gas production,fora parcel of
land located on the following described real e te, -wit:
Part of Section 7,To ship 6 Nort ange West
of the 6th P.M.,Weld County,Color
WHEREAS,the applica was represented by Anne st Johnson,Todd Hodges Design,
LLC,1269 North Cleveland nue,Loveland,Colored 0537,and
WHEREAS,Sectio 7-6-120 of the Wel County Code provides standards for review of
said Change of Zone,and
WHEREAS,the Bo rd of County Com issioners heard all the testimony and statements
of those present,studied th equest of the ap cant and the recommendations of the Weld County
Planning Com sion and, ving been full formed,finds that this request shall be approved for
the following r sons:
1. he t h plied with all the application requirements listed in
ion 27-5- of the Weld County Code.
. The request is i conformance with Section 27-6-120.D as follows:
a. Sect 27-6-120.D.5.a - The proposal is consistent with any
I governmental Agreement in effect influencing the PUD and Chapter 19
(Coordinated Planning Agreements),Chapter 22(Comprehensive Plan),
C2S--"1"."""-.. Chapter 23(Zoning),Chapter 24(Subdivision),and Chapter 26(Mixed Use
evelopment)of the Weld County Code.The proposed site is not influenced
by an Intergovernmental Agreement,nor is the site within the three-mile
referral area for any municipality. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.B.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 individual wells,and individual sewage disposal
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systems will handle the effluent flow. In a referral dated January 9,
2006,the Weld County Department of Public Health and Environment
indicated the application has satisfied Chapter 27 of the Weld County
Code in regards to water and sewer service. The referral response
dated January 10, 2006, from the State of Colorado, Division of
Water Resources, indicates the applicant needs to obtain well
permits for the 19 proposed wells and water court decrees for the
Augmentation Plan to replace depletions from the wells. The
Conditions of Approval ensure that these will be included in the Final
Plan application.
b. Section 27-6-120.D.5.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.
1) Section 27-2-20,Access Standards— "All PUD developments will be
served by an internally paved road system according to County
standards. An exception to paving may be granted by the Director of
Public Works for residential PUDs of nine(9)lots or less, located in
nonurban areas as defined in Chapter 22 of the Weld County Code,
when the PUD is not located within close proximity to other PUDs,
subdivisions, and municipal boundaries, and when access to the
PUD is not from a public road which is paved or will be paved within
a year of approval of the PUD." The proposed development is an
urban scale development in that it is adjacent to the Town of
Barnesville and exceeds nine(9)lots. However,due to the proposal
for a cluster development which follows the definition of Non-Urban
Scale Development and provides for a 40-year Conservation
Easement for agricultural purposes, the Board of Commissioners
agrees to waive the paving requirement.
2) Section 27-2-40, Bulk Requirements—The applicant has included
auxiliary quarters as an allowed use on Lots 1 through 17.
3) Section 27-2-50,Circulation—The Conditions of Approval require that
all references to on-street parking be removed from the Covenants.
4) Section 27-2-55,Cluster PUD—The Conditions of Approval ensure
the applicant will meet the criteria of a Cluster PUD, including the
requirement that at least two-thirds (2/3) of the total area of the
property be reserved for forty(40)years for agricultural purposes.
Further, the density of the PUD does not exceed two(2)residential
units for each thirty-five (35) acres.
5) Section 27-2-90, Urban Scale Development — Urban scale
developments are developments exceeding nine (9) lots and/or
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located in close proximity to existing PUDs,subdivisions,municipal
boundaries, or urban growth corridors and boundaries. The
proposed development is adjacent to the Town of Barnesville and
exceeds nine (9) lots. Urban scale developments are required to
pave the internal road systems of the development. However,due to
the proposal fora cluster development which follows the definition of
Non-Urban Scale Development and provides for a 40-year
Conservation Easement for agricultural purposes, the Board of
Commissioners agrees to waive the paving requirement.
6) The applicant has met the remaining Performance Standards as
delineated in Section 27-2-10 of the Weld County Code. The
Conditions of Approval ensure compliance with Sections 27-2-20
through 27-2-210 of the Weld County Code.
c. Section 27-6-120.D.5.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 not influenced by an Intergovernmental
Agreement, nor is the site within the three-mile referral area for any
municipality.
d. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27,Article II,of the Weld County Code.
The proposed PUD will be serviced by individual wells,and individual sewage
disposal systems will handle the effluent flow. The Conditions of Approval
ensure that all well permits and the associated Augmentation Plan will be
completed prior to recording the final plat.
e. Section 27-6-120.D.5.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. In a referral dated January 12, 2006, the Weld County
Department of Public Works required the applicant build Weld County
Road 70 in accordance with County standards for local gravel roads along
the entirety of the frontage associated with the proposed cluster PUD
terminating at the eastern entrance of the development. The applicant is
required to contact the property owner south of,and adjacent to,the property
to offer notification of the reserved 60 feet of right-of-way for the expansion
of Weld County Road 70,as well as relocate the existing property line fence
south to the appropriate right-of-way.
f. Section 27-6-120.D.5.f-The Conditions ofApproval ensure that the applicant
will complete Improvements Agreements for on-site and off-site
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development. The applicant is required to include dust suppression in the
off-site agreement.
g. Section 27-6-120.D.5.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
subject site. At the Sketch Plan phase, the Colorado Geological Survey
indicated that high groundwater is an issue on the site. The Conditions of
Approval require the applicant to submit additional information regarding
seasonal depths to groundwater for building sites to determine if basements
and crawl spaces are feasible.
h. Section 27-6-120.D.5.h - The submitted Specific Development Guide
accurately reflects the Performance Standards and allowed uses described
in the proposed Zone District, as described previously.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Trinity Properties,LP,for Change of Zone,PZ#1102,from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 17
residential lots,two(2)non-residential agricultural outlots,and 0.8 acres of open space,along with
oil and gas production,on the above referenced parcel of land be, and hereby is, granted subject
to the following conditions:
1. Prior to recording the Change of Zone plat:
A. All sheets of the Change of Zone plat shall be labeled Deer Meadows Cluster
PUD, PZ-1102.
B. The applicant shall provide the Department of Planning Services with a
recorded Correction Deed from Rocky D. Tannehill and Mid Coast
Development, Inc., a Colorado Corporation, to Trinity Properties, L.P., to
address the errors listed by Security Title Guaranty Company in the Title
Insurance Commitment included in the application material.
C. The plat shall be amended as follows:
1) Internal roads shall meet Weld County criteria for a PUD. The
internal road right-of-way shall be sixty(60)feet in width. A typical
section of interior roadway shall be a 26-foot wide gravel road with
4-foot aggregate base course. Roadside drainage shall be contained
within the right-of-way. The Sketch Plan materials indicate a gravel
interior roadway system.
2) The plat shall indicate the median at the entrance in a tract that will
be owned and maintained by the Homeowners' Association.
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3) The plat shall indicate the location of the 20-foot pipeline easement,
as specified on the Nonexclusive Pipeline Easement recorded on
July 12,2005, under Reception Number 3302490,in addition to the
approximate location of the pipeline which is currently being shown.
4) Outlot B indicates three areas which are for potential recharge
ponds. The plat shall include easements for access and usage of
these areas.
D. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following,and each shall be placed on
the Change of Zone plat as notes prior to recording:
A. Change of Zone, PZ#1102, is from the A(Agricultural)Zone District to the
PUD(Planned Unit Development)Zone District for seventeen(17)residential
lots,two(2)non-residential agricultural outlots,and 0.8 acres of open space,
along with oil and gas production,as indicated in the application materials on
file. Lots 1 through 17 will adhere to the uses allowed in the E(Estate)Zone
District, except auxiliary quarters shall be allowed. Outlots A and B will
adhere to the uses allowed in the A(Agricultural)Zone District,except only
non-residential agricultural accessory buildings shall be allowed. Tracts 1
and 2 are open space and shall contain the development sign, mail kiosk,
water storage tank, and potential bus shelter. The PUD will be subject to,
and governed by,the Conditions of Approval stated hereon and all applicable
Weld County regulations.
B. Outlots A and B shall be restricted to farming and ranching operations and
be free from development for any other uses for a period of forty(40)years
from the date the Final Plan is approved.
C. Auxiliary quarters shall comply with all requirements listed in Section 23-1-90
of the Weld County Code.
D. All landscaping within the site distance triangles must be less than 3.5 feet
in height at maturity.
E. 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. Open space
restrictions are permanent.
F. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
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G. Water service shall be obtained from individual wells.
H. This PUD is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in
accordance with the regulations of the Colorado Department of Public Health
and Environment,Water Quality Control Division,and the Weld County Code
in effect at the time of construction, repair, replacement, or modification of
the system.
A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one(1)acre in area. The applicant
shall contact the Colorado Department of Public Health and Environment,
Water Quality Control Division,atwww.cdphe.state.co.us/wq/PermitsUnitfor
more information.
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 separate building permit shall be obtained prior to the construction of any
structure including the mail kiosk, bus shelter, and monument sign.
N. A plan review is required for each building for which a building permit is
required. Two complete sets of plans are required when applying for each
permit. Residential building plans may be required to bear the wet stamp of
a Colorado registered architect or engineer.
O. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, Weld County has
adopted the following:2003 International Residential Code,2003 International
Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code,2003 International Fuel Gas Code,2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
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P. Each residential building will require an engineered foundation based on a
Site-Specific Geotechnical Report or an open hole inspection performed by
a Colorado registered engineer. Engineered foundations shall be designed
by a Colorado registered engineer.
Q. Fire resistance of walls and openings,construction requirements,maximum
building height,and allowable areas will be reviewed at the Site Plan Review.
Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
R. Building height shall be measured in accordance with the 2003 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction, and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld County
Code. Building height shall be measured in accordance with Chapter 23 of
the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and
setback requirements,buildings are measured to the farthest projection from
the building. Property lines shall be clearly identified, and all property pins
shall be staked prior to the first site inspection.
S. 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
Program.
T. Effective August 1,2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/Drainage Impact Fee.
U. In the Engineering Geology Report by Terra Logics Consulting, LLC,dated
May 23, 2005, recommendations were made regarding testing for radon,
testing well water for methane, and the construction of perimeter drains to
mitigate the affects of shallow groundwater. Property owners should follow
these recommendations.
V. It is recommended that oil and gas structures within Outlot A be fenced to
avoid tampering.
W. All signs shall adhere to Sections 23-4-80 and 23-4-110 of the Weld County
Code. These requirements shall apply to all temporary and permanent
signs.
X. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
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Y. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
Z. 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.
AA. 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.
BB. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
CC. The applicant shall comply with Section 27-8-50 of the Weld County Code,
as follows: Failure to submit a Planned Unit Development Final Plan - If a
PUD Final Plan application is not submitted within three(3)years of the date
of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submission of the PUD Final Plan. The Board may extend the date for the
submission of the PUD Final Plan application,and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board
determines that conditions or statements made supporting the original
approval of the PUD Zone District have changed, or that the landowner
cannot implement the PUD Final Plan,the Board of County Commissioners
may, at a public hearing, revoke the PUD Zone District and order the
recorded PUD Zone District reverted to the original Zone District.
DD. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are.shp(Shape Files),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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4. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
5. At the time of Final Plan submission:
A. The applicable Post Office shall be contacted regarding the bus/mail pullout.
The applicant shall provide to the Department of Planning Services written
documentation indicating the Post Office design standards and delivery
requirements have been met. The location of the mail kiosk shall be shown
on the final plat.
B. The applicant shall submit evidence to the Weld County Department of
Planning Services, with the Final Plan application, that all proposed street
names and lot addresses have been reviewed by the appropriate Post
Office.
C. The final plat shall indicate the location of the entry sign,possible bus shelter,
and water storage tank within the open space tracts. The location of the
structures shall meet all required offset and setback distances,and shall not
be located within utility easements.
D. The applicant shall include a copy of the proposed street name and
addresses with the Final Plan application forms,for review and approval by
referral agencies.
E. To determine if basements or crawl spaces are feasible,the applicant shall
submit additional information regarding seasonal depths to groundwater for
building sites.
F. The applicant will be required to apply dust suppression chemicals to
adjacent County roadways and in front of impacted existing homes along the
proposed traffic route. This would include an Off-Site Improvements
Agreement for a term that would include future developments.
G. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for (On-Site) Improvements with the Final Plan
application. This agreement must be reviewed by County staff,and shall be
approved by the Board of County Commissioners prior to recording the final
plat.
H. The applicant shall provide the Department of Public Works with stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings for review with the Final Plan application. Construction details
must be included.
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Stop signs and street name signs will be required at all intersections and
shown as a Signing Plan on final roadway plans. The current edition of the
Manual on Uniform Traffic Control Devices (MUTCD) shall govern the
Signing Plan.
J. A Final Drainage Report stamped, signed and dated by a professional
engineer licensed in the State of Colorado,shall be submitted with the Final
Plan application. The 5-year storm and 100-year storm drainage studies
shall take into consideration off-site flows, both entering and leaving the
development. Increased runoff due to development will require detention of
the 100-year storm developed condition, while releasing the 5-year storm
existing condition. The Final Drainage Report shall include a flood hazard
review documenting any FEMA defined floodways. The engineer shall
reference the specific map panel number,including date. The development
site shall be located on a copy of the FEMA map.
K. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage for the Final Plan application. Front, rear, and side
slopes around building envelopes must be addressed. In addition,drainage
for rear and side lot line swales shall be considered. Building envelopes
must be planned to avoid stormwater flows, while taking into account
adjacent drainage mitigation.
L. Final drainage construction and erosion control plans (conforming to the
Drainage Report)stamped, signed, and dated by a professional engineer
licensed in the State of Colorado, shall be submitted with each Final Plan
(phase)application. The Stormwater Management Plans may be based on
Urban Drainage methodology.
M. Easements shall be shown on the final plat in accordance with County
standards and/or Utilities Coordinating Advisory Committee
recommendations.
N. Intersection sight distance triangles at the development entrance(s)will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and noted on the final roadway plans.
O. The Final Plan shall include a Landscape Plan for the proposed entryway.
P. The applicant has submitted Preliminary Covenants for Deer Meadows.The
Covenants shall be amended to include the following:
1) A Manure and Stormwater Management Plan for the indoor/outdoor
arena on Outlot A.
2) A Management Plan for the water storage tank for fire suppression.
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3) A notification that use of the North Side Lateral Ditch right-of-way is
prohibited unless approved by the Directors of the Ditch Company.
4) Preliminary Covenants indicate that a Open Space Management Plan
will be developed with the assistance of the CSU Cooperative
Extension. The applicant shall submit evidence that the Plan has
been completed and that it has been incorporated into the
Covenants.
5) Sections 11.10.o and 10.11ee.4 discuss on-street parking. The
Covenants shall be amended to state that on-street parking will not
be allowed.
•
6) Section 11.10.bb of the Preliminary Covenants states that no owner
shall change the drainage pattern unless the change is approved by
the Architectural Review Committee. Section 11.10.bb shall be
amended to state no owner shall change the drainage pattem unless
the change is approved by the Architectural Review Committee and
the Weld County Department of Public Works.
7) The mineral rights under the site are not owned or leased by the
applicant. Section 11.10.i shall be amended to indicate drilling may
occur.
8) The applicant shall address dust abatement and maintenance of the
internal roadway.
6. Prior to recording the final plat:
A. The applicant shall submit evidence that a cash-in-lieu of land dedication fee
has been paid to the Platte Valley School District.
B. The applicant shall submit certificates from the Secretary of State showing
the Homeowners' Association has been formed and registered with the
State.
C. The applicant shall submit evidence that the Covenants have been approved
by the County Attorney's Office.
D. A finalized and recorded agreement for the administration of replacement
water and recharge ponds with the New Cache la Poudre Irrigating Company
shall be submitted to the Department of Planning Services.
E. The applicant shall enter into Improvements Agreements According to Policy
Regarding Collateral for Improvements for on-site and off-site improvements.
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These agreements shall be approved by the Board of County
Commissioners.
F. Finalized Covenants and the appropriate recording fee(currently$6 for the
first page and $5 for all others) shall be submitted to the Weld County
Department of Planning Services for recording at the Weld County Clerk and
Recorder's office.
G. 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 .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is .tif(Group 4), (Group 6 is not acceptable).
H. The applicant shall submit well permits for the 19 proposed wells and the
water court decrees for the Augmentation Plan to replace depletions from the
wells.
An agreement for the administration of replacement water and recharge
ponds with the New Cache la Poudre Irrigating Company shall be included
in the Final Plan application.
J. The applicant must have in place,with Anadarko Entities and its lessees,an
agreement for the compatible development for the surface estate and oil and
gas estates, or they shall provide evidence of an attempt to reach such
agreement.
7. Prior to release of collateral:
A. The applicant shall submit evidence that the two irrigation wells, the open
space tracts, and Outlot A have been deeded to the Deer Meadows
Homeowners' Association.
B. The applicant shall submit evidence that the Galeton Fire Protection District
has approved the construction of the 5,000-gallon water tank.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of April, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: Lie , 7 e ,�_ ���—�
�l M. J. eile, Chair
Weld County Clerk to the Board
EXCUSED
�, ; �.,. ♦ David E. Long, Pro-Tern
BY.
Deputy Clerk to the -> ar
f iui I�rf:" Ar � Wil ' m H. Jerke
APP'I . PASTOF5 � l\\i
r, Robert D. Masden
/ p
%ounty Attorney
rV(/�p^o ,u(k
/� '� Glenn Vaad
Date of signature: G4 edf,21z
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