HomeMy WebLinkAbout20230731.tiffEXHIBIT
Before 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:
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Case Number: COZ22-0014
Applicant: George L. Sandberg Irrevocable Trust, c/o Jeff Winter
Planner Diana Aungst
Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial)
Zone District.
Legal Description: Lot A and Lot B of Lot Line Adjustment. LLA22-0004; being part of the SW1/4 of
Section 12, Township 4 North, Range 66 West of the 6th P.M., Weld County,
Colorado.
Location: North of and adjacent to County Road 46; west of and adjacent to County Road
35.5.
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 of the Weld County Code.
Section 22-2-40.A. states: "Support compatible economic development opportunities."
This site is in a Weld County Opportunity Zone and the applicant is proposing to expand the
existing industrial use. The location of the site is consistent with the Comprehensive Plan's intent
to place commercial businesses within one-half mile of highways.
Section 22-2-10.8. states, "Respecting Private Property Rights. One of the basic principles upon
which the United States was founded is the right of citizens to own and utilize property so long as
that use complies with local regulations and does not interfere with or infringe upon the rights of
others."
The applicant has owned and operated the existing RV storage business since 2017 and has
recently acquired the parcel to the east. The Change of Zone will facilitate the expansion of the
existing use or allow for other industrial uses in this area.
Section 22-4-10.8.1. the Weld County Opportunity Zone criteria, states that zone changes to
commercial and industrial are preferred in select areas of the County. Specifically, within one-half
(1/2) mile of U.S. highways and within one -quarter (1/4) mile of railroads.
This property is located within the one-half mile (1/2) of US Highway 85 and within one -quarter
(1/4) mile of the Union Pacific Railroad tracks therefore it is within a Weld County Opportunity
Zone as defined by the Comprehensive Plan. The Comprehensive Plan also states that zone
changes to commercial and industrial are preferred in the Opportunity Zones.
RESOLUTION COZ22-0014
GEORGE L SANDBERG IRREVOCABLE TRUST, C/O JEFF WINTER
PAGE 2
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 to the north, east, and south are all zoned A (Agricultural) and
the land uses are agricultural and rural residential There are eight (8) USRs within one (1) mile
of the site With three (3) of the eight (8) USRs being located west of U S Highway 85, the site
is located east of U S Highway 85 USR11-0010 for an oil and gas support and service facility,
USR13-0012 for agricultural services, and USR-1053 for seed production are all located
northwest of the site on the west side of U S Highway 85 USR17-0050 for a greater than 12 -
inch high-pressure natural gas pipeline is located west of U S Highway 85 and travels under
U S Highway 85 just south of the site USR11-0016 is a 12 -inch natural gas pipeline and this
pipeline crosses the subject property along the north/west boundary adjacent to the Union Pacific
railway There is an easement on the subject property for this pipeline USR-31 for a dairy is
located south of and adjacent to the site MUSR12-0004 for onion storage a processing and
USR18-0092 for vehicle repair and service are located south of the site along County Road 44
There is one (1) SPR located within one (1) mile of the site SPR21-0001 which was approved for
Dan's Garage with outdoor storage and vehicle service and repair is directly west of the site, on
the west side of U S Highway 85
The site is located within the three (3) mile referral area for the City of Evans and the Towns of
LaSalle and Gilcrest The City of Evans stated no concerns on their referral agency comments
dated January 4, 2023 The Town of LaSalle stated, "It is our understanding that all activity
outside an enclosed building must be screened from the adjacent ROW in the 1-2 Zone and that
any change or expansion of the of use on this property will require a Site Plan Review Please
forward the Site Plan for our review and comment when this property is developed Thank you for
your consideration " in their referral agency comments dated January 10, 2023 The Town of
Gilcrest did not submit referral agency comments
The subject site is located within City of Evans and the Town of LaSalle's Coordinated Planning
Agreement (CPA) boundaries As part of the pre -application process the municipalities were sent
a Notice of Inquiry (NOI) The City of Evans submitted a signed NOI, dated July 29, 2022, which
stated that the site is outside of the City's future growth boundary and they City is not interested
in annexation The Town of LaSalle submitted a signed NOI, dated September 9, 2022, where
they stated, "Applicant [shall] consider annexing at the time they become eligible "
The Future Land Use Map for the City of Evans shows the intersection of County Road 46 and
U S Highway 85 as a Community Commercial Center although the Urban Growth area for Evans
does not extend east of U S Highway 85 and therefor does not encompass this site The site is
located on the southwestern corner of the comprehensive plan map for the Town of LaSalle and
the furthest point to the southwest is labeled as possible switching station location
On January 27, 2023, the Department of Planning Services sent notice to ten (10) surrounding
property owners within 500 -feet of the subject parcel No responses were received back
The site is adjacent to the Union Pacific railroad track and U S Highway 85 The adjacencies of
the railroad track and the highway place the site in a Weld County Opportunity Zone which is a
preferred site for rezoning to commercial and industrial The RV and Boat Storage facility, Winter
Seeds, and Mosquito Joes occupy about 6 of the 49 acres Any future commercial/industrial uses
will have to be approved through a Site Plan Review or Use by Special Review process Site
Plan Review and Use by Special Review applications are sent to referral agencies and, with the
Use by Special Review process, 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 COZ22-0014
GEORGE L SANDBERG IRREVOCABLE TRUST, CIO JEFF WINTER
PAGE 3
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
Water is currently provided by a Central Weld County Water District (District) tap # 3229 The
District, in their referral agency comments dated December 29, 2022, states, in part, that the
applicant must sign and return an original Petition of Inclusion to CWCWD in order for Lot B to be
eligible to receive water from the existing tap Providing service to Lot B is an exception being
made by the District in consideration of the same business occupying more than one parcel Sale
of any parcel separately from another will require a new tap purchase
Per the Weld County Department of Public Health and Environment, referral dated December 15,
2022, an on -site wastewater treatment system (SP -1700352) is permitted for office/warehouse
use on this site
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
There are two permitted access points onto County Road 46 (AP17-00070 — Commercial and
Oil/Gas) No other access points are requested Per the referral dated January 17, 2023, from
the Department of Planning Services — Development Review this portion of County Road 46 is a
local gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way County Road 46 has
been reviewed with regard to Section 23-2-30 A 4 which requires any zone district other than A
(Agriculture), with an unpaved road providing access to the subject parcels to have a minimum
26 -foot- wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel)
and a minimum right-of-way width of sixty (60) feet Development Review found that this this
portion of County Road 46 meets the minimum criteria On February 28, 2022, the Board of
County Commissioners voted to approve Resolution 2022-0674 This resolution is a Crossing
Closure and Maintenance Agreement between Weld County and Union Pacific Railroad (UPRR)
to permanently close the at -grade public road crossing for County Road 46 and 35 This is the
intersection that is currently being utilized by most of the customers and employees of these
businesses This traffic will now need to use County Road 44 and then drive north on County
Roads 35 and then east on County Road 46 to access the subject property This closure is
expected to occur in early 2023 The applicant is aware of this closure On January 5, 2023 staff
met with the property owner, Mr Jeff Winter, to discuss the re -alignment of County Road 46 to
move this portion of County Road 46 out of the railroad right-of-way and how this re -alignment
would affect the drainage on the subject property
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 D►stncts
Compliance maybe demonstrated in a previous public heanng or in the heanng concerning
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
RESOLUTION COZ22-0014
GEORGE L SANDBERG IRREVOCABLE TRUST, C/O JEFF WINTER
PAGE 4
The proposed Change of Zone does not interfere with the present or future extraction of
mineral resources, more so than the existing zoning The Geotechnical Engineering report
from Northern Colorado Geotech, dated May 4, 2017, with a follow up cover letter dated
October 21, 2022 submitted in the application materials, states that the size and range of the
material present would not contain the necessary constituents to produce economically
viable aggregate including hard rock mineral
3) Section 23-2-30 A 5 c - if sod 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 prior to the development of the
property
The Natural Resources Conservation Services (NRCS) Soil Survey, dated September 7,
2022, submitted with the application, indicates that the property contains low -slope (0-1%)
Julesburg Sandy Loam, Olney Fine Sandy Loam, and Vona Sandy Loam These soil types
do not limit the construction of dwellings or small commercial buildings The property
consists of about 15 acres of Julesburg Sandy Loam and Olney Fine Sandy Loam both of
which are classified as "Prime Farmland if Irrigated (Soils Erodibility)", the remaining acreage
is Vona Sandy Loam which is classified as "Farmland of Statewide Importance" The area
where the Vona Sandy Loam is located has been utilized as a RV Storage Facility since
about 2017 and is too small to farm
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 1-2 (MEDIUM
INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING
1 The Change of Zone plat shall delineate the following
A All sheets of the plat shall be labeled COZ22-0014 (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 46 is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 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 If the existing right-of-way cannot be verified it shall be dedicated The applicant shall also
delineate the physical location of the roadway Pursuant to the definition of setback in the Weld
County Code Sec 23-1-90, the required setback is measured from the future right-of-way line
This road is maintained by Weld County (Development Review)
E Show and label the existing and proposed access points and the usage types (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas) Development Review will review access
locations as a part of the plat submittal (Development Review)
RESOLUTION COZ22-0014
GEORGE L SANDBERG IRREVOCABLE TRUST, CIO JEFF WINTER
PAGE 5
2 The following notes shall be delineated on the Change of Zone plat
1) Change of Zone, COZ22-0014, allows for 1-2 (Medium Industrial) 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) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
6) Weld County will not replace overlapping easements located within existing right-of-way or pay
to relocate existing utilities within the existing County right-of-way (Development Review)
7) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement (Development Review)
8) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
9) Water service may be obtained from Central Weld County Water District (Department of Public
Health and Environment)
10) 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)
11) 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)
12) 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 Chapter29
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)
13) 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)
RESOLUTION COZ22-0014
GEORGE L SANDBERG IRREVOCABLE TRUST, C/O JEFF WINTER
PAGE 6
14) 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)
15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the State's commercial mineral deposits are essential to the State's economy, (b) the
populous counties of the state face a critical shortage of such deposits, and (c) such deposits
should be extracted according to a rational plan, calculated to avoid waste of such deposits and
cause the least practicable disruption of the ecology and quality of life of the citizens of the
populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource
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 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 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 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
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
RESOLUTION COZ22-0014
GEORGE L SANDBERG IRREVOCABLE TRUST, O/O JEFF WINTER
PAGE 7
Motion seconded by Butch White
VOTE
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wades
Michael Palizzi
Against Passage Absent
Shana Morgan
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 March 7, 2023
Dated the 7'h of
March, 2023
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, March 7, 2023
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,
Elijah Hatch, at 1:33 pm.
Roll Call
Present: Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael
Palizzi.
Absent: Shana Morgan.
Also Present: Kim Ogle, Diana Aungst, and Jim Flesher, 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:
COZ22-0014
George L. Sandberg Irrevocable Trust, c/o Jeff Winter
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District.
Lot A and Lot B of Lot Line Adjustment, LLA22-0004; being part of the SW1/4 of
Section 12, Township 4 North, Range 66 West of the 6H" P.M., Weld County,
Colorado.
North of and adjacent to County Road 46; approximately 0.25 miles west of County
Road 35.5.
Sam Gluck stated that he is familiar with the applicant but has no financial benefit. Mr. Wailes also said
that he knows the applicant but has no financial benefit.
Diana Aungst, Planning Services, presented Case COZ22-0014, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements
Jeff Winter, 17215 CR 46, LaSalle, Colorado, stated that they are operating an RV storage facility and
added that they warehouse corn seed and some alfalfa seed. He added that Mosquito Joe also has offices
out of this location and stores their vehicles in the storage lot. Mr. Winter said that he cannot expand the
RV storage without changing the zone and that is the primary purpose of this application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Doug Printz, 23557 CR 37, stated that he is the adjacent property owner to the east. He isn't opposed to
the application but is concerned about the traffic. He referred to County Roads 35 and 46 and added if it
changes due to the railroad closure that will put all the traffic east on County Road 46 if they are not able
to realign that intersection. Additionally, Mr. Printz stated that there are two (2) accesses to the property
and one of them is an oil and gas access. He asked if when those wells go away will that eliminate that
access being oil and gas.
Mr. Winter said that he attended a meeting with Weld County about how they are going to realign that
interchange but can't speak to the progress of it. Ms. Aungst stated that Weld County Public Works is
working on this and understood that they are working with the Dinner family who owns property south of
County Road 46 to realign County Road 46. She added that the wheels are in motion.
Commissioner Hatch referred to the access concern. Melissa King, Development Review, stated that there
are two (2) permitted accesses for these parcels and both could be converted and upgraded to new types
of access depending on how they would be used. She added that an application would have to be submitted
but the access point is already there. Ms. King said currently the quality of the existing road meets the
1
Change of Zone standards She added that with regard to the upgrades they are looking to improve that
turn
Ms Aungst stated that there are three (3) oil and gas wells on the property She looked at the status and
added that the portal identifies them as temporarily abandoned but the status states that they are active
She said that it is hard to say if they will come back to redrill or plug and abandon them Mr Winter said
that he had talked to the previous landowners and they said that they had been contacted by the oil and
gas company stating that they were going to take the three (3) wells out He added that there wasn't a
specific time frame Mr Winter said that the oil and gas company did contact him and inquired if he had
any type of construction plans and if they needed to accelerate their plans He noted that he had witnessed
that one of the wells have been pulled
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ22-0014 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wades,
Seconded by Butch White
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Elgah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland
Meeting adjourned at 4 10 pm
Respectfully submitted,
Kristine Ranslem
Secretary
2
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