HomeMy WebLinkAbout20242856.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number: COZ24-0004
Applicant: Hankins Farms, LLC
Planner: Diana Aungst
Request: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Legal Description: Part of the E1/2SE1/4 /2SE 1 /4 of Section 20, Township 5, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Location: North of and adjacent to County Road 54; west of and adjacent to County Road
17.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of
the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 [Comprehensive Plan]
of the Weld County Code.
Section 22-2-30.8 states: "Locate urban development in urban areas."
Section 22-2-30. B.1 states: "Encourage annexation of urban -scale development. Zone
changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged.
Property owners who want to rezone or subdivide their property are encouraged to contact the
municipality about annexation."
This Change of Zone is consistent with the Section 22-2-30.B.1. because the closest
municipality is more than one -quarter (1/4) mile from the nearest municipality. The City of
Greeley has annexed land to the north along the east side of County Road 17 which is about
three-quarters (3/4) of a mile from the subject site.
Section 22-2-30. 8.2 states: "Urban -scale development shall only be placed where urban
services, including public water, are available."
Public water from Little Thompson Water District (LTWD) (District) is within the proximity of the
site. LTWD did not provided a Will Serve letter but rather an email was submitted with the
application materials dated April 16, 2024. The April email states, in part, the District owns and
operates a two and a half (2.5) -inch diameter waterline along the eastern portion of the subject
property that transitions to a six (6) -inch diameter waterline and a six (6) -inch diameter
waterline along the south side of County Road 54. These waterlines are in twenty (20) -foot -
wide easements owned by LTWD. The District is not opposed to serving the subject property.
However, in order to evaluate any future development's impact on the District's infrastructure
and the ability to serve, the applicant will need to work through the District's commitment letter
process.
Little Thompson Water District submitted referral comments dated June 19, 2024 that re-
iterated the same information as the April email and stated that there is an existing 20' water
easement exclusive to LTWD in the southwest corner of the site, reception #1434543.
Per a phone call with Little Thompson Water District (District) on October 3, 2024, the District
stated that any commercial development requires that the developer provide the district with
the requested amount of raw water. Once the raw water has been provided the District will
review the pipelines to determine if the current pipeline can handle the additional capacity and
if not the developer would be required to upgrade the pipelines. The applicant has stated that
Resolution COZ24-0004
Hankins Farms, LLC
Page 2
the current owner is in possession of enough raw water shares to develop this property The
future development was not provided to County staff
Per the Weld County Department of Public Health and Environment, referral dated June 12,
2024, an on -site wastewater treatment system (OWTS) may serve the site as appropriate
Section 22-2-40 A states "Support compatible economic development opportunities "
This site is in a Weld County Opportunity Zone The location of the site is consistent with the
Comprehensive Plan's intent to place commercial businesses within one-half mile of an
intersection of two (2) arterial roads
Section 22-4-10 B 1, the Weld County Opportunity Zone cntena, states that zone changes to
commercial and ►ndustnal are preferred in select areas of the County Specifically, within one-
half (1/2) mile of collector/artenal intersections
Reliable and efficient transportation networks allow business owners to save on inventory costs
because the amount of inventory can be minimized while maximizing the use of efficient
infrastructure to ensure timely delivery Arterial roadways are designed for the rapid and
efficient movement of goods and people These two (2) roadways and part of a local and
regional transportation network that will attract development and lead to economic growth by
providing developers confidence to invest in new business locations
Section 22-2-30 C states "Harmonize development with surrounding land uses "
The properties surrounding the site are productive agricultural land, however, the relatively new
(c 2020) round -a -bout at this intersection and the expansion of County Road 54 (Freedom
Parkway) is a stimulus for commercial and industrial development
Future Land Use Maps are utilized by municipalities, in particular, to outline the land uses for
a municipality at full buildout The site is shown on the Future Land Use Map for the Town
within their Growth Management Area boundary Therefore, it is expected that this intersection
will be annexed by the Town of Johnstown in the future The Town of Johnstown has submitted
referral comments dated August 22, 2024 which did not object to this Change of Zone, but did
state, among other things, that, "Right -of- way for the ultimate buildout of WCR 17 should also
be dedicated, at no cost, in conjunction with any future project to secure appropriate lands for
future improvements The Town also requests that any future uses that include outdoor storage
be sited, screened, and landscaped in ways to minimize visual offense Likewise, any odor or
noise inducing uses should also be mitigated to minimize any offenses "
B 23-2-30 A 2 — The uses which would be allowed on the subject property by granting the
Change of Zone will be compatible with the surrounding land uses
The adjacent surrounding lands are zoned A (Agricultural) and the land uses include rural
residential and agricultural
There are six (6) USRs within one (1) mile of the site USR-1296 fora wholesale/retail nursery,
USR-585 fora natural gas facility, Amended AMUSR-672 for gravel mining (mostly reclaimed),
USR-871 for three (3) - 249 -foot radio towers, USR16-0010 for an office and a shop and
USR14-0033 fora recreational facility (corn maze) USR14-0033 is also on the subject property
and will need to be partially vacated prior to any development on the site
On January 8, 2024, the Department of Planning Services sent notice to eight (8) surrounding
property owners within 500 -feet of the subject parcel No correspondence was received
The site is located within the Coordinated Planning Agreement (CPA) boundaries of the Towns
of Windsor, Milliken, and Johnstown The site is not located within the Growth Management
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Resolution COZ24-0004
Hankins Farms, LLC
Page 3
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area for Windsor or Milliken and is not shown on the respective Future Land Use Maps Medium
Density/Intensity is the land use depiction on the Town of Johnstown's Future Land Use Map
for this site
According to the Johnstown Comprehensive Plan Medium Density/Intensity (MDI) areas will
generally be characterized by a more balanced and wider -ranging mix of land uses and will act
as a transition between the lower density neighborhoods and the High Density/Intensity (HDI)
areas Uses in the MDI designation include suburban -style development, walkable, pedestnan-
scale commercial that connects to adjacent neighborhoods with a density of 5-16 dwelling-
units/acre, four (4) story buildings, and 70% lot coverage The land uses are expected to be
30-40% non-residential to 60-70% residential uses
The Town of Johnstown submitted referral agency comments dated August 22, 2024 that state
that the functional classification of Weld County Road 17, pursuant to the Town of Johnstown
Transportation Master Plan, is identified as a Regionally Significant Corridor - Major Arterial
and notes that the Weld County Code indicates that, "the purpose of the C-3 Zone District is to
designate areas of commerce for the benefit of the broader region, such as large-scale regional
shopping centers and entertainment districts C-3 District properties may require large amounts
of space or generate high traffic volumes Properties zoned C-3 are typically located near high -
traffic corridor "
The Johnstown referral goes on to state that, "Given the intent of the C-3 Zoning District, and
the extensive list of uses allowed by right in said zone, the Town requests that the appropriate
traffic analysis be conducted when a project is proposed Right -of- way for the ultimate buildout
of WCR 17 should also be dedicated, at no cost, in conjunction with any future project to secure
appropriate lands for future improvements The Town also requests that any future uses that
include outdoor storage be sited, screened, and landscaped in ways to minimize visual offense
Likewise, any odor or noise inducing uses should also be mitigated to minimize any offenses
We would like to be notified of any future applications for site development on the subject
property "
The site is located within the three (3) mile referral area for the City of Greeley and the Towns
of Windsor, Johnstown, and Milliken as well as Lamer County
The Town of Windsor submitted referral agency comments stating no concern dated May 31,
2024 and the Town of Milliken did not submit referral agency comments
The City of Greeley submitted referral agency comments dated June 21, 2024 that states, the
subject site is located outside of Greeley's Long Range Expected Growth Area (LREGA), the
area in which the community anticipates annexation and urban development to occur in the
future There is adjacent proposed development located east of the proposal Future
coordination with the developer and applicant may be necessary It is unclear where this 'future
development' is located as the closest annexed area is east of HWY 257, about two (2) miles
east of the subject site
The site is in a Weld County Opportunity Zone which is a preferred site for rezoning to
commercial and industrial Any future commercial/industrial uses will have to be approved
through a Site Plan Review, Use by Special Review, or a Zoning Permit process All of these
processes are sent to referral agencies and, with the Use by Special Review and Zoning Permit
processes, also sent to the surrounding property owners for comment The Conditions of
Approval and Development Standards applied to both this Change of Zone and any future Site
Plan Review or Use by Special Review permits will adequately address and mitigate potential
impacts
Resolution COZ24-0004
Hankins Farms, LLC
Page 4
C 23-2-30 A 3 — That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district
Little Thompson Water District submitted referral comments dated June 19, 2024 that re-
iterated the same information as the April email and stated that there is an existing 20' water
easement exclusive to LTWD in the southwest corner of the site, reception #1434543
Per a phone call with Little Thompson Water District (District) on October 3, 2024, the District
stated that any commercial development requires that the developer provide the district with
the requested amount of raw water Once the raw water has been provided the District will
review the pipelines to determine if the current pipeline can handle the additional capacity and
if not the developer would be required to upgrade the pipelines The applicant has stated that
the current owner is in possession of enough raw water shares to develop this property The
future development was not provided to County staff
Per the Weld County Department of Public Health and Environment, referral dated June 12,
2024, an on -site wastewater treatment system (OWTS) may serve the site as appropriate
D Section 23-2-30 A4 - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts
Per Section 23-2-30 A 4 a Change of Zone to a commercial or industrial zone district requires
an abutment to a paved road In the referral dated July 27, 2024, from the Department of
Planning Services — Development Review County Road 17 and County Road 54 (Freedom
Parkway) are paved arterial roads
E Section 23-2-30 A 5 — In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards
1) Section 23-2-30 A 5 a — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Distracts
Compliance maybe demonstrated m a previous public hearing or►n the hearing concemmg
the rezoning application
The proposed Change of Zone (COZ) site is not located within any overlay district officially
adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage
Overlay District
2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property
The Geologic Hazards and Mineral Resources Report from Earth Engineering Consultants,
LLC, dated April 11, 2024, submitted in the application materials, state that no sources of
critical minerals are inferred at this site and no significant resources of sand and gravel
exist below ground surface It goes on to state that the Colorado Energy and Carbon
Management Commission (ECMC) indicates the site is located within an identified oil and
gas field, furthermore, oil/gas facilities and/or wells (either active, abandoned or closed)
are present on the property Based on the available information, it appears potential oil/gas
resources could exist, however, a comprehensive evaluation by others would be required
to evaluate that possibility
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Resolution COZ24-0004
Hankins Farns, LLC
Page 5
3) Section 23-2-30 A 5 c - If soil conditions on the site are such that they present moderate
or severe limitations to the construction of structures or facilities proposed for the site,
that such limitations can be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns poor to the development of the
property
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that 59% of
the site consists of low -slope (1-3%) Colby loam soils, 11% moderate -slope (3-5%) Kim
loam, and 30% low -severe slope (3-9%) Thedalund loam soils The Kim Loam is classified
as "Farmland of Statewide Importance" The results of this zone change will remove 4 5
acres of Farmland of Statewide Importance from production
Geotechnical subsurface explorations are recommended to evaluate the subsurface
conditions and provide site specific recommendations for any future site improvements
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities
The Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District
is conditional upon the following
1 The Change of Zone plat shall be amended to delineate the following
A All sheets of the plat shall be labeled COZ24-0004 (Department of Planning Services)
B The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning
Services)
C All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number (Department of Planning Services)
D County Road 17 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout The applicant shall
delineate and label on the plat the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the road All setbacks shall be
measured from the edge of right-of-way This road is maintained by Weld County (Development
Review)
E County Road 54 (Freedom Parkway) is a paved road and is designated on the Weld County
Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the road
All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld
County (Development Review)
F Show the existing access point on County Road 17 located approximately 750 north of County
Road 54 and label, "PROPOSED COMMMERCIAL ACCESS"
G Show the existing access point on County Road 17 located approximately 1,340 feet north of the
County Road 54 and label, "TO BE CLOSED AND RECLAIMED" (Development Review)
H Show the existing access point on County Road 54 located approximately 1,040 feet west of County
Road 17 and label, "TO BE CLOSED AND RECLAIMED " (Development Review)
The following notes shall be delineated on the Change of Zone plat
Resolution COZ24-0004
Hankins Fanns, LLC
Page 6
1) Change of Zone, COZ24-0004, allows for C-3 (Business Commercial) Zone District uses which
shall comply with the requirements set forth in Chapter 23, Article III, Division 4 of the Weld
County Code (Department of Planning Services)
2) Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
3) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code (Department of Planning Services)
4) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
5) The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
6) The historical flow patterns and runoff amounts will be maintained on the site in such a manner
that it will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to runoff rate and velocity increases, diversions, concentration
and/or unplanned ponding of stormwater runoff (Development Review)
7) Water service may be obtained from Little Thompson Water District or an appropriately
permitted well (Department of Public Health and Environment)
8) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may
be by an on -site wastewater treatment system (OWTS) 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 (Department of Public Health and Environment)
9) Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed (Department of Public Health and Environment)
10) Building permits may be required, for any new construction, setup of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings
and structures shall conform to the requirements of the various codes adopted at the time of
permit application Currently the following has been adopted by Weld County 2018
International Building Codes, 2018 International Energy Code, 2020 National Electrical Code,
and Chapter 29 of the Weld County Code A Building Permit Application must be completed
and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review A Geotechnical Engineering Report,
performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A
building permit must be issued prior to the start of construction (Department of Building
Inspection) ,
11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact
Fee Programs (Department of Planning Services)
12) Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment 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
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations (Department of Planning Services)
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Resolution COZ24-0004
Hankins Farms, LLC
Page 7
2 Upon completion of Conditions of Approval 1, 2, and 3 above, the applicant shall submit one (1)
electronic copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services Upon approval of the plat 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 Department of Planning Services' Staff The plat shall be prepared
in accordance with the requirements of Section 23-2-50 D of the Weld County Code The Mylar plat
and additional requirements shall be submitted within one -hundred -twenty (120) days from the date of
the Board of County Commissioners resolution The applicant shall be responsible for paying the
recording fee
3 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the
Change of Zone (COZ), 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 COZ has
not been abandoned and that the applicant possesses the willingness and ability to record the plat The
Board of County Commissioners may extend the date for recording the plat If the Board determines
that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public
hearing, revoke the COZ
4 In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be
recorded within the specified timeline from the date of the Board of County Commissioners Resolution,
a $50 00 recording continuance fee shall be added for each additional 3 -month period
5 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by
the Board of County Commissioners unless otherwise specified by the approving resolution of the
Board of County Commissioners However, no building permit shall be issued, and no use shall
commence on the property until the plat is recorded
Motion seconded by Michael Palizzi
VOTE
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For Passage
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Cindy Beemer
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings -
Certification of Copy
i
- I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that -
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 15, 2024
Dated the 15th of October, 2024
4.5',iebri, &otem.
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, October 15, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Barney
Hammond, Michael Biwer, Cindy Beemer.
Also Present: Diana Aungst and Molly Wright, Department of Planning Services, Lauren Light, Department
of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ24-0004
Hankins Farms, LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Part of the E1/2SE1/4 /2SE 1 /4 of Section 20, Township 5, Range 67 West of the 6th P. M.
Weld County. Colorado.
North of and adjacent to County Road 54, west of and adjacent to County Road
17.
Diana Aungst, Planning Services, presented Case COZ24-0004, reading the recommendation and
comments into the record. Ms. Aungst stated that this site is located within a Weld County Opportunity
Zone and added that it is consistent with the Comprehensive Plan's intent to place commercial businesses
within one-half mile of an intersection of two arterial roads.
Ms. Aungst stated that the site is located within the Coordinated Planning Agreement boundaries for the
Towns of Windsor, Milliken, and Johnstown. The site is not located within the Growth Management Area
for Windsor or Milliken and is not shown on their respective future land use maps. Ms. Aungst said that
Medium Density Intensity is the land use depiction on the Town of Johnstown's future land use map for this
site. She added that Johnstown submitted referral comments that state that the functional classification of
County Road 17, pursuant to the Town of Johnstown Transportation Master Plan, is identified as a
Regionally Significant Corridor - Major Arterial and notes that Weld County Code indicates that the purpose
of the C-3 Zone District is to designate areas of commerce for the benefit of the broader region. such as
large-scale regional shopping centers and entertainment districts. Additionally, Johnstown said that given
the intent of the C-3 Zone District and the extensive list of uses allowed by right, the Town requests that
the appropriate traffic analysis be conducted when a project is proposed. Ms. Aungst stated that the Town
of Johnson does not object to this change of zone and the site will be annexed to Johnstown in the future
due to it being located within the growth management area for the town.
Ms. Aungst noted that eight surrounding property owners were notified of this project, however, no
correspondence was received.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Bob Choate, 1171 61st Avenue, Greeley, Colorado, stated that he is representing Hankins Farms, LLC. Mr.
Choate said the site is a 40 -acre parcel and added that the Hankins family has farmed this for over 100
years. He added that the 40 acres is the southern most part of their farm. Mr. Choate said that he foresees
that there is going to be quite a bit of development in this area over the next 10 years. He added that it is
1
located in an opportunity zone, which Weld County encourages rezoning to commercial or industrial zone
districts
The site is located within the Little Thompson Water District and Mr Choate said that they will not issue a
commitment letter until they know the use of the site He added that use happens at the Site Plan Review
or Use by Special Review stage and will demonstrate water at that time There is a 2 5 -inch water line on
the eastern side of the property, which should be able to serve the vast majority of uses to which this
property could be put He added that there is also a 6 -inch water line on the southern boundary of the
property
Mr Choate said that they feel this is a great location and believes municipalities will be annexing into this
area He requested a recommendation of approval to the Board of County Commissioners
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ24-0004 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Pamela Edens, Virginia Guderjahn
Meeting adjourned at 3 36 p m
Respectfully submitted,
Kristine Ranslem
Secretary
2
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