HomeMy WebLinkAbout20252265.tiffEXHIBIT
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
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Moved by Virginia Guderjahn, 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:
Applicant:
Planner:
Request:
Legal Description:
Location
COZ25-0003
Blas Reyna Diaz
Angela Snyder
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Part of Lot 7 in the SE1/4 NW1/4 of Section 9, Township 5 North, Range 65 West
of the 6th P.M., Weld County; Colorado, according to the Subdivision of Lands by
the Union Colony of Colorado.
North of and adjacent to East 16th Street; approximately 400 feet west of Balsam
Avenue.
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.
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.
The following goals and objectives from the Weld County Comprehensive Plan are relevant to
this request:
Section 22-2-30. - Land Use Goals and Objectives.
B. Locate urban development in urban areas.
1. 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.
The area is currently urbanized, and is an appropriate location to consider commercial
development. The subject property is located five hundred (500) feet from the City of Greeley
boundary. The property owner was encouraged to pursue annexation.
2. Urban -scale development shall only be placed where urban services, including public
water, are available.
Public water is provided to this property by North Weld County Water District via existing
account number 1457012. Other urban services are also available.
C. Harmonize development with surrounding land uses.
1. Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
This is originally an urban residential property, turned into a commercial property. It is situated
in the middle of three other residential properties. To the south, properties are being used either
industrially or as small farms. If approved, the applicant will be required to demonstrate that the
commercial business is adequately buffered from the surrounding residential properties
through the site plan review.
Section 22-2-40. - Economic Development Goals and Objectives.
A. Support compatible economic development opportunities.
Resolution COZ25-0008
Blas Reyna Diaz
Page 2
1 Identify target areas where the County is able to encourage shovel -ready commercial
and mdustnal development
5 Encourage agglomeration economies of synergistic businesses
The subject property is located adjacent to a paved road, East 16"' Street, able to withstand
commercial and industrial traffic The site is located within a Weld County Opportunity Zone
Other commercial uses in the area further support a commercial zoning on the subject property
B Section 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 includes heavy
industrial and agricultural While an industrial zone would be preferred, the C-3 Zone District
limits the extent of uses allowed, providing increased compatibility with adjacent residential
uses
There are fourteen (14) USRs within one (1) mile of the site SUP-345AM for a gravel mining
operation, USR-1760 for a mineral resource development facility, and USR-1097 for an art
gallery are all located northeast of the site along the Cache la Poudre River East of the site
are USR-964 for vehicle storage, USR-1726 for accessory parking and a home business,
USR15-0009 for trucking company storage, USR-926 for recreational vehicle storage, USR-
981 for 115 kV electrical transmission lines, USR17-0066 for two home businesses, USR-755
for plastic products manufacturing, and USR-771 for cultured marble fabrication USR-1106
permits trash business trucks and containers and USR-834 allows a home business Directly
south of the site, USR-665 permits an oil and gas production facility Additionally, there are
forty-three (43) approved commercial or industrial site plans located within a mile of the site
The industrial nature of the area aligns with the uses allowed by commercial zoning
On April 10, 2025, the Department of Planning Services sent notice to thirteen (13) surrounding
property owners within five hundred (500) feet of the subject parcel The Department of
Planning Services received no responses from surrounding property owners
The site is located within the Coordinated Planning Agreement (CPA) boundary of the City of
Evans and Town of Kersey The applicant submitted Notice of Inquiry responses from the City
of Evans, dated February 25, 2025, and the Town of Kersey, dated March 6, 2025, indicating
no desire or ability to annex, in accordance with the Kersey -Evans -Greeley Intergovernmental
Agreement The City of Evans and Town of Kersey submitted referral agency comments stating
no concern dated April 10, 2025, and April 29, 2025
The property is within five hundred (500) feet of the City of Greeley boundary The 2018
Greeley Land Use Guidance Map does not designate a future land use for this property The
nearest designated land is identified for industrial uses
Any future commercial uses will have to be approved through a Site Plan Review, Use by
Special Review, or a Zoning Permit process All 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, Use by Special Review or Zoning
permits will adequately address and mitigate potential impacts
C Section 23-2-30 A 3 - Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district
The property is served by the North Weld County Water District (NWCWD) The existing on -
site wastewater treatment system (OWTS) is noncompliant Alles Taylor & Duke LLC will
design an OTWS during the Site Plan Review (SPR) process to meet the requirements of the
Weld County Environmental Health Department
Resolution COZ25-0008
Blas Reyna Diaz
Page 3
'The Weld County Department of Public Health and Environment, referral dated February 29,
2025, stated water service may be obtained from North Weld County Water District, and that
the parcel is not currently served by a municipal sanitary sewer system Sewage disposal may
be provided 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 system construction, repair,
replacement, or modification
D Section 23-2-30 A 4 - 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 district requires that the property
abut a paved road The site directly abuts East 16. Street, which is a paved public road
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
Distnct identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Distncts
Comphance maybe demonstrated in a previous public heanng or in the hearing concerning
the rezoning application
The site is located within the A -P (Airport) Overlay District Development of the site will be
required to comply with applicable requirements in Chapter 23, Article V, Division 1 of the
Weld County Code Future development applications will be sent to the airport for review
The site is also located within the Historic Townsites Overlay District, Union Colony
Development of the site will be required to comply with applicable requirements in Chapter
23, Article V, Division 5 of the Weld County Code The site is not located within the following
overlay districts officially adopted by the County Geologic Hazard Overlay District,
Floodplain Management Overlay District, 1-25 Overlay District, Agricultural Heritage
Overlay District, or (MS4) Multiple Separate Storm Sewer System area
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 proposed rezoning will not interfere with the present or future extraction of a
commercial mineral deposit, consistent with Section 23-2-30 A 5 b While sandy gravel
was observed during soil profile testing at depths of 4 to 8 feet, the actual depth and extent
of the deposit are unknown Regardless of zoning, the parcel's limited size and site
conditions preclude commercial mineral extraction
3) Section 23-2-30 A 5 c - If soil conditions on the site am 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
andlor the apphcant's successors or assigns pnor to the development of the property
Subsurface conditions are vaned but consist of sandy gravel Sand and gravel were
observed at four (4) feet to eight (8) feet below the existing surface The actual depth of
the sand and gravel is unknown The Natural Resource Conservation Service (NRCS)
Report submitted with the application also considered soils The soil on the site is well
drained and prime farmland if irrigated
Resolution COZ25-0008
Blas Reyna Diaz
Page 4
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that site
consists of point two (0 2) acres of low -slope (0-1%) Altvan loam soils and point two (0 2)
acres of low -slope (0-1%) Ascalon loam Altvan loam and Ascalon loam are both classified
as "prime farmland if irrigated", therefore, this zone change will remove point four (0 4)
acres of "prime farmland if irrigated" from production
The Altvan loam and Ascalon loam soils do not present moderate or severe limitations for
development They are rated as "not limited" for small commercial buildings under three
(3) stories without basements Both have a low risk of corrosion to concrete and are only
"somewhat limited" for unpaved local roads and streets Therefore, the site does not exhibit
sod conditions that require mitigation
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 Planning Commission recommendation for approval of this Change of Zone from the A (Agricultural)
Zone District to the C-3 (Business Commercial) Zone District is conditional upon the following
Prior to recording the plat
A 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
(Department of Planning Services)
2 The Change of Zone plat shall be amended to delineate the following
A All pages of the plat shall be labeled COZ25-0003 (Department of Planning Services)
B The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of
Planning Services)
C All recorded easements shall be shown and dimensioned on the Change of Zone plat (Department
of Planning Services)
D All approved accesses shall be delineated on the plat (Department of Planning Services)
E All approved access shall be clearly shown on the plat The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road access
point If a drainage culvert is required, a fifteen (15) inch Corrugated Metal Pipe (CMP) is Weld
County's minimum size If the applicant chooses to place a larger culvert, please contact the Weld
County Department of Public Works to adequately size the culvert (Development Review)
F The following notes shall be delineated on the Change of Zone plat
1) The Change of Zone, COZ25-0003, allows for C-3 (Business Commercial) Zone District uses
which shall comply with the requirements set forth in Chapter 23, Article III, Division 3 of the
Weld County Code (Department of Planning Services)
2) 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)
3) Any future structures on site must obtain the appropriate building permits (Department of
Planning Services)
4) Water service may be obtained from North Weld County Water District (Environmental Health)
Resolution COZ25-0008
Blas Reyna Diaz
Page 5
5) 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 (Environmental Health)
6) 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 (Environmental Health)
7) 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)
8) Access on the site shall be maintained to mitigate any impact to the public road including
damages and/or offsite tracking (Development Review)
9) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
10) Building permits may be required, for any new construction, set up 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, 2023 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) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
12) 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)
13) 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)
3 Upon completion of Conditions of Approval 1 and 2 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 C and 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
4 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
Resolution COZ25-0008
Blas Reyna Diaz
Page 6
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
5 In accordance with Appendix 5-J of the Weld County Code, should the 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
6 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 and a land use permit perfected
Motion seconded by Barney Hammond
VOTE
For Passage
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Cole Ritchey
Against Passage Absent
Hunter Rivera
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, 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 August 5, 2025
Dated the 5'h of August,
"2025
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, August 5, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi,
Michael Wailes, Virginia Guderjahn
Absent: Hunter Rivera
Also Present: Diana Aungst, Maxwell Nader, Molly Wright, Angela Snyder, Department of Planning
Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Case Number:
Applicant.
Planner:
Request:
Legal Description:
Location:
COZ25-0003
Blas Reyna Diaz
Angela Snyder
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District
Part of Lot 7 in the SE1/4 NW1/4 of Section 9, Township 5 North. Range 65 West
of the 6th P.M., Weld County, Colorado, according to the Subdivision of Lands by
the Union Colony of Colorado.
North of and adjacent to East 16th Street; approximately 400 feet west of Balsam
Avenue.
Angela Snyder, Planning Services, presented Case COZ25-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
In response to Commissioner Wailes inquiry if this site is currently in violation, Ms. Snyder replied yes. Mr.
Wailes stated that the change of zone will not correct the violation, however, he asked if they will be applying
for USR or a Site Plan Review. Ms. Snyder said that if they keep the current use it would require a Site
Plan Review, which is an administrative process.
Mike McRoberts, Development Review, reported on the existing traffic and access to the site.
Mark Taylor, Alles, Taylor and Duke, 3610 35th Avenue, Evans, Colorado, stated that Staff did a great job
explaining the application and added he is available for any questions.
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 COZ25-0003 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 Virginia Guderjahn, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael
Wailes, Virginia Guderjahn.
Meeting adjourned at 4:49 p.m.
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