HomeMy WebLinkAbout20042683.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1045 FROM A (AGRICULTURAL) ZONE DISTRICT TO
PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT-HIGHLAND ACQUISITION
GROUP, LLC
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 29th day of September, 2004, at 10:00 a.m.
for the purpose of hearing the application of Highland Acquisition Group, LLC,c/o Robert Bulthaup,
6297 South Potomac Way, Centennial, Colorado 80111, requesting a Change of Zone from the A
(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine(9)lots with
E(Estate)Zone uses,two(2)non-residential outlots for open space,and one(1)agricultural outlot
for a parcel of land located on the following described real estate, to-wit:
Lot B of Recorded Exemption#3105;being part of the
N1/2NW1/4 of Section 5, Township 1 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Lauren Light, LANDPROfessionals, LLC,
4311 Highway 66, Suite 4, Longmont, Colorado 80504, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, 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 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a -- The proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and Chapters 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23(Zoning),Chapter 24(Subdivision),and Chapter 26(Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-2-60.C(A. Goal 3)states,"Provide a mechanism for the
division of land which is agriculturally zoned. Options for division
shall be provided to ensure the continuation of agricultural production
and accommodate low intensity development. Urban-scale
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residential, commercial, and industrial development will be
discouraged in areas where adequate services and infrastructure are
not currently available or reasonably obtainable." The applicant is
proposing a low-density residential development of nine (9) lots on
approximately 56.9 acres. The minimum lot size is 1.71 acres with
an overall density of one septic system per 6.32 acres,which does
meet the current policy of the Department of Public Health and
Environment.
2) Section 22-2-60.D(A.Goal 4)states,"Conversion of agricultural land
to nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be
compatible with the region. This goal is intended to address
conversion of agricultural land to non-urban uses." Once converted,
this land is less conducive to agricultural production. The proposed
PUD will be serviced by the Left Hand Water District. Individual
sewer disposal systems will handle the effluent flow. The
surrounding properties consist of primarily single family homes to the
west and agricultural uses to the north, south, and east. The
property consists of a steep slope down towards the southwest
portion of the lot. A ditch corridor runs north/south on the western
portion of the land. The property is currently not farmed and consists
of long grass.
3) Section 22-2-210.D.2 (PUD.Policy 4.2.) states, "A Planned Unit
Development, which includes a residential use, should provide
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. Some Planned Unit Developments may
not require common open space depending on their type,density,or
other factors." The proposal includes approximately 37 acres
consisting of an agricultural outlot and open space. No residences
shall be built in these areas.
4) Section 22-2-210.D.3 (PUD.Policy 4.3.) states, "Conservation of
natural site features, such as topography, vegetation, and water
courses,should be considered in the project design." The site plan
has addressed the substantial issues surrounding the location of
water courses and varying topography.
5) Section 22-2-210.F.1 (PUD.Policy 6.1) states, "The development
should provide for perpetual maintenance of all commonly shared
land and facilities. The County should not bear the expense or
responsibility of maintenance for any commonly shared land or
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facilities within the Planned Unit Development." The Conditions of
Approval ensure that any future work required to maintain the open
space shall be at the expense of the Homeowners' Association.
6) 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 Left Hand Water District for potable water and fire
protection requirements. Individual sewer disposal systems will
handle the effluent flow.
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—In a letter dated June 8,2004,
the Weld County Department of Public Works has recommended
that the applicant contact the Colorado Department of Transportation
(CDOT)regarding an access agreement, right-of-way,reservations,
improvement, and future expansions of Highway 52. The
Department of Planning Services,in a letter dated July 9,2004, noted
that cul-de-sacs running east and west need to be called Place,and
cul-de-sacs running north and south need to be called Way.
2) Section 27-2-40, Bulk requirements—The applicant has chosen to
adhere to the bulk requirements of the E (Estate)Zone District with
the exception that the lot sizes will be an average of 1.8 acres in size
and two equine will be allowed per lot. The Department of Planning
Services is in support of these proposed modifications from the
E (Estate) Zone District bulk requirements.
3) The applicant has met the remaining Performance Standards as
delineated in Section 27-2-10. The Conditions of Approval ensure
compliance with Sections 27-2-20 through 27-2-220 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. The site is within the three-mile referral area
for the City of Dacono,Town of Erie,Town of Firestone,and Boulder County.
The City of Dacono and Boulder County both indicated no conflicts with their
interests. The Towns of Firestone and Erie did not respond to the referral
request.
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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 the Left Hand Water District for
potable water and fire protection requirements. Individual sewer disposal
systems will handle the effluent flow. The Weld County Attorney's Office has
indicated that the agreements submitted by the applicant are adequate for
the Change of Zone. The Weld County Department of Public Health and
Environment has indicated,in a referral response dated June 28,2004,that
the application has satisfied Chapter 27 of the Weld County Code in regard
to water and sewer service.
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. The Weld County Department of Public Works has reviewed
the proposal and has determined that the internal road right-of-way shall be
sixty(60)feet in width,including cul-de-sacs with a sixty-five(65)foot radius,
and dedicated to the public. The typical roadway section of the interior
roadway shall be shown as two 12-foot paved lanes with 4-foot gravel
shoulders on the Change of Zone plat. The cul-de-sac edge of roadway
radius shall be fifty(50)feet. Stop signs and street names will be required
at all intersections.
f. Section 27-6-120.D.5.f--The Weld County Public Works Department and
Department of Planning Services shall require an Improvements Agreement
in accordance with Section 27-6-120.6.f of the Weld County Code for
improvements to Highland Estates PUD and all on-site improvements.
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. The Weld County Department of Public Works stated that a
final drainage report and construction plans, conforming to the drainage
report, shall be approved prior to recording final plat. The final drainage
report shall research and document FEMA maps to determine if a flood
hazard exists.
h. Section 27-6-120.D.5.h --Consistency exists between the proposed zone
district(s), uses, the Specific Development Guide. The submitted Specific
Development Guide does accurately reflect the Performance Standards and
allowed uses described in the proposed Zone District, as described
previously. The applicant is requesting that the Final Plan be administratively
reviewed. The Department of Planning Services concurs with this request.
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Highland Acquisition Group, LLC,do Robert Bulthaup,for
a Change of Zone from the A(Agricultural)Zone District to a PUD(Planned Unit Development)Zone
District 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. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
June 15, 2004. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
B. The applicant shall attempt to address the requirements and concerns of the
Mountain View Fire Protection District, as stated in the referral response
dated June 11, 2004. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
C. The applicant shall provide the Department of Planning Services with a
revised name for the PUD since Highland Estates already exists. Staff has
noted that the application has also been referred to as Highland Farms. This
name will be acceptable.
D. The applicant shall be required to provide written and graphic evidence from
the School District and Post Office that the proposed mailbox location and
bus shelter plan meets their design standards and delivery requirements for
the mailbox facility and the proposed school drop off/pick up. Written
evidence of compliance with their standards and requirements shall be
submitted to the Department of Planning Services. Further, evidence shall
be provided that the facility meets the intent of the Americans with Disabilities
Act(ADA)for access. The Department of Building Inspection shall review
the proposed structure for compliance with all applicable codes as
warranted. Evidence of approval shall be submitted to the Department of
Planning Services.
E. The applicant shall provide the Department of Planning Services with a Sign
Plan that conforms with Section 23-4-80.A of the Weld County Code.
F. The applicant shall provide a Ditch Agreement regarding the access road for
both oil and gas encumbrances,the ditch company,and the existing fences
on the site, or evidence that the concerns have been mitigated.
G. The applicant shall provide the Department of Planning Services with
evidence that an access permit is granted from CDOT.
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H. The applicant shall provide documentation that the proposed crossing of,and
access to,the right-of-way easement recorded at Reception No.2467785,
Book 1522, as noted on the plat, is acceptable.
The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PZ-1045.
2) The applicant shall adhere to the plat requirements in preparation of
the Change of Zone plat.
3) The applicant shall provide an Open Space/Landscape Plan per
Section 24-3-50.G of the Weld County Code.
4) The proposed emergency access road along the southern boundary
does not appear to be prudent in expediting the emergency access
vehicle to the emergency. The access shall utilize the loop road as
an extension to the cul-de-sac, or align the road with the southern
edge of the existing right-of-way for an undocumented easement.
5) The Weld County's Right to Farm shall be placed on the plat.
6) The PUD name as approved by the Department of Planning
Services.
7) The cul-de-sacs running east and west need to be called Place,and
cul-de-sacs running north and south need to be called Way.
8) Highway 52 requires a 200-foot right-of-way at full build out. A total
of 100 feet from the centerline of Highway 52 shall be delineated as
right-of-way reservation for future expansion of Highway 52.
9) Primary and secondary septic system envelopes shall be placed on
each lot. Each envelope must meet all setback requirements.
10) 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 at maturity.
11) The Road Cross Section shall be amended to show a 15-inch
diameter culvert as per County Code.
12) The internal roadway right-of-way shall be 60 feet in width, including
cul-de-sacs with a 65-foot radius, and dedicated to the public. The
typical roadway cross-section of interior roadway shall be shown as
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two 12-foot paved lanes with 4-foot gravel shoulders. The cul-de-sac
edge of pavement radius shall be 50-feet.
13) The ditch must be appropriately labeled and dimensioned including
setbacks.
2. The Change of Zone is conditional upon the following and that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. The Change of Zone from the A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District is for nine(9)lots with (E)Estate
Zone uses, except the lot sizes will be an average of 2.07 acres in size and
two equine will be allowed per lot,two(2)non-residential outlots,and one(1)
agricultural outlot as indicated in the application materials on file and subject
to, and governed by, the Conditions of Approval stated hereon and all
applicable Weld County regulations.
B. The open space and agricultural lots are non-buildable for residential
structures or structures providing habitable space.
C. No more than two (2) equine are permitted per lot.
D. Water service shall be obtained from the Left Hand Water District.
E. 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.
F. Septic systems will be required to be designed for site-specific conditions at
the time of lot development.
G. This subdivision 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.
H. 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.
During development of the site,all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
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conditions,at the request of the Weld County Health Department,a Fugitive
Dust Control Plan must be submitted.
J. 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 which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
K. 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.
L. 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.
M. Weld County's Right to Farm as delineated on this plat shall be recognized
at all times.
N. Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less then 3.5 feet in
height at maturity.
O. All signs,including entrance signs,shall require Building Permits.Signs shall
adhere to Section 23-4-80 of the Weld County Code. These requirements
shall apply to all temporary and permanent signs.
P. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
Q. Building Permits shall be obtained prior to the construction of any building or
structure. Building Permits are also required for signs and structures such
as bus shelters, if provided.
R. Activities such as permanent landscaping,structures,dirt mounds,or other
items, are expressly prohibited in the septic absorption field site.
S. A plan review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
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T. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include the
2003 International Building Code,2003 International Residential Code,2003
International Mechanical Code, 2003 International Plumbing Code, 2002
National Electrical Code, and Chapter 29 of the Weld County Code.
U. Each 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.
V. Building height,wall and opening protection,and separation of buildings with
mixed uses shall be in accordance with the Building and/or Residential Code
in effect at the time of permit application. Setback and offset distances shall
be determined by the Weld County Code.
W. Building height shall be measured in accordance with the applicable 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. Offset and setback requirements are measured to the
farthest projection from the building.
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. Personnel from Weld County Government 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. No development activity shall commence on the property, nor shall any
Building Permits be issued, until the final plan has been approved and
recorded.
BB. 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 two (2)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
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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.
CC. 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).
4. At the time of Final Plan submission:
A. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations, and dimensioned on the final plat.
Easements shall follow rear and side lot lines and shall have a minimum total
width of twenty(20)feet apportioned equally on abutting properties. Where
front line easements are required, a minimum of fifteen (15) feet shall be
allocated as a utility easement.
B. The applicant shall provide an Improvements Agreement According to Policy
Regarding Collateral for Improvements(Private Road Maintenance). This
agreement must be reviewed by the Department of Public Works and shall
be approved by the Board of County Commissioners.
C. 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. Construction details must be included.
D. The applicant shall provide a pavement design prepared by a professional
engineer.
E. Stop signs and street name signs will be required at all intersections and
shown on the final roadway construction plans.
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F. The applicant shall submit a final drainage report stamped,signed,and dated
by a professional engineer licensed in the State of Colorado. 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.
G. 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 the
copy of the FEMA map.
H. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage. 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.
Final drainage construction and erosion control plans (conforming to the
drainage report) stamped, signed, and dated by a Colorado licensed
professional engineer.
J. The applicant shall submit evidence to the Department of Planning Services
that the open space is deeded to the Homeowners' Association.
K. The applicant shall submit a final Landscape Plan which addresses all
issues listed on the memorandum dated May 25, 2004, from the Weld
County Department of Planning Services.
L. The applicant shall provide additional information pertaining to the plant
materials, including common, botanical, and species names, size at
installation, and any additional information deemed necessary, if any.
M. The applicant shall address the on-site landscape treatment, including the
proposed uses associated with the agricultural outlot.
N. The applicant shall submit a re-vegetation plan of all disturbed areas during
construction. The plan shall include information regarding plant type,
installation methods, and maintenance.
O. The applicant shall demonstrate how the proposed plant material will be
watered. Further,the applicant shall provide evidence that the tap from the
Left Hand Water District is permitted to provide irrigation water to the
landscaped areas.
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P. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
Q. The applicant shall utilize the Weld County Building Technician letter,dated
July 9, 2004, for lot addresses. The subdivision street name and lot
addresses shall be submitted to the Mountain View Fire Protection District,
the Weld County Sheriffs Office,Ambulance provider, and the Post Office
for review. Written evidence of approval shall be submitted to the Weld
County Department of Planning Services.
R. The final application shall include the lot addressing as provided by the Weld
County Building Technician.
S. The applicant shall submit development covenants for the PUD. Language
for the preservation and/or protection of the absorption field envelopes shall
be placed in the development covenants. The covenants shall state that
activities such as permanent landscaping, structures, dirt mounds or other
items are expressly prohibited in the absorption field site.
T. The applicant shall address the requirements of St. Vrain Valley School
District RE-1J, as stated in the referral response dated June 21, 2004.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
U. 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).
5. Prior to construction:
A. Stop signs and street name signs will be required at all intersections.
B. The existing septic system (G10039128) must be properly abandoned in
accordance with Section 30-4-20.D of the Weld County Code.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D C UNTY,��CnnOLLORADO
` i1 Robert D. Masden, Chair
( IBC :"'= . • C rk to the Board
♦r.
/ William H. J ke, Pro-Tern
Clerk to the Board A9s Z —
M. J. Geile
AP OV D AS T (LXesiseb)
David Long
uht Attor y
Glenn Vaad
Date of signature: /D l3 g�
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