HomeMy WebLinkAbout20221755.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
45
EXHIBIT
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Moved by Butch White, 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: USR22-0005
R22-0005
APPLICANT: JUAN ANTONIO GARCIA RAMIREZ
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE IN THE
A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 6, BLOCK 75, ARISTOCRAT RANCHETTES 3RD FILING; BEING PART OF
SECTION 26, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO COLEMAN AVENUE; APPROXIMATELY 480
FEET WEST OF GRANT STREET; APPROXIMATELY 970 FEET NORTH OF
CR 19.
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 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-30. C. 2 states: "Establish residential development options based on
compatibility, proximity to municipalities, and availability of services that reflect the desired
density and character of that location." The buildings will not have a negative impact on the
character of the surrounding area. The property is located in an existing subdivision,
Aristocrat Ranchettes, and is comprised of residential lots roughly 1 (one) acre in size. One
of the buildings requires modification, as an addition on the side encroaches into the offset.
Once this building is modified to remove the side addition, all structures will meet offsets and
setbacks from adjacent property lines and roads rights -of -way and will not adversely impact
the surrounding area.
B Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and
residential land uses. The A (Agricultural) Zone District is established to maintain and
promote agriculture as an essential feature of the county. The A (Agricultural) Zone District is
intended to provide areas for the conduct of agricultural activities and activities related to
agriculture and agricultural production, and for areas for natural resource extraction and
energy development, without the interference of other, incompatible land uses. The request
meets the intent because the request will not impact existing agricultural uses and is in a
residential area. The proposed building coverage exceedance is permittable under Section
23-3-60.B of the Weld County Code by a Use by Special Review.
C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposal is in the Aristocrat Ranchettes subdivision. Many lots in this subdivision have
applied for and been approved for similarly oversized buildings. The applicant submitted
letters of support from five (5) surrounding property owners with the application. The
Department of Planning Services sent notice to thirty-nine (39) surrounding property owners
No responses were received. The Development Standards and Conditions of Approval will
assist in mitigating the impacts of the facility on the adjacent properties and ensure
RESOLUTION USR22-0005
JUAN ANTONIO GARCIA RAMIREZ
PAGE 2
compatibility with surrounding land uses and the region
D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with 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 and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities
The site is located within the three (3) mile referral and coordinated planning agreement area
(CPA) of the City of Fort Lupton The city did not return a referral response or respond to the
Notice of Inquiry (NOI)
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District Building Permits issued on the lot will be required to adhere to
the fee structure of the County -Wide Road Impact Fee Program Building Permits issued on
the proposed lot will be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The proposed building is not located on irrigated land nor is it being used for agriculture
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County
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 is conditional upon the following
The applicant shall acknowledge the advisory comments of the Fort Lupton Fire Protection District,
as stated in the March 22, 2022, referral response (Department of Planning Services)
2 All buildings shall meet setback and offset requirements in Section 23-3-70 of the Weld County Code
(Department of Planning Services)
3 Prior to recording the map
A The map shall be amended to delineate the following
All sheets of the map shall be labeled USR22-0005 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 Coleman Avenue is a paved, local road with 60 feet of right-of-way that has been
RESOLUTION USR22-0005
JUAN ANTONIO GARCIA RAMIREZ
PAGE 3
i
publicly dedicated to Weld County The applicant shall delineate and label on the site ma
the 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 not maintained by Weld County (Development Review)
5 Show and label the "preliminarily approved" existing access location The applicant must
obtain an access permit in this location (Development Review)
6 Show and label the drainage flow arrows (Development Review)
7 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Development Review)
4 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services The map shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map
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 (Department of Planning Services)
5 In accordance with Appendix 5-J of the Weld County Code, should the map 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 (Department of
Planning Services)
6 The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
Motion seconded by Lonnie Ford
VOTE
For Passage
Tom Cope
Lonnie Ford
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Palizzi
Against Passage Absent
Elijah Hatch
Michael Wailes
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
RESOLUTION USR22-0005
JUAN ANTONIO GARCIA RAMIREZ
PAGE 4
CERTIFICATION OF COPY
I, Michelle Wall, 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 June 7, 2022
Dated the 27th day of June, 2022
Michelle Wall
Secretary
RESOLUTION USR22-0005
JUAN ANTONIO GARCIA RAMIREZ
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Juan Garcia
USR22-0005
1. A Site Specific Development Plan and Use by Special Review to exceed the maximum allowed building
coverage in the A (Agricultural) Zone District, USR22-0005, subject to the Development Standards stated
hereon. (Department of Planning Services)
Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
The building coverage shall not exceed fifteen percent (15%)
seventeen percent (17%).
Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. 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)
6. 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)
7. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for the existing access location as shown on this plan. (Development Review)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
9. All structures must meet the required setbacks from the existing On -site Wastewater Treatment System in
compliance with provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems. (Department of Public Health and Environment)
10. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
11. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department of
Planning Services. (Department of Planning Services)
12. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
13. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner.
RESOLUTION USR22-0005
JUAN ANTONIO GARCIA RAMIREZ
PAGE 6
14 A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated When either the Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit
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
16 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts,, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,
RESOLUTION USR22-0005
JUAN ANTONIO GARCIA RAMIREZ
PAGE 7
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 7, 2022
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 Vice Chair,
Tom Cope, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Skip Holland, Sam Gluck, Butch White, Pamela Edens, Michael Palizzi.
Absent: Elijah Hatch, Michael Wailes.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, and Maxwell Nader and Melissa
King, Department of Planning Services; Lauren Light, Department of Health; Bruce Barker and Kahn
McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the May 3, 2022, Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER: USR22-0005
APPLICANT: JUAN ANTONIO GARCIA RAMIREZ
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 6, BLOCK 75, ARISTOCRAT RANCHETTES 3RD FILING; BEING PART OF
SECTION 26, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO COLEMAN AVENUE; APPROXIMATELY 480
FEET WEST OF GRANT STREET; APPROXIMATELY 970 FEET NORTH OF
CR 18.
Angela Snyder, Planning Services, presented Case USR22-0005, reading the recommendation and
comments into the record. The applicant has applied for building permits and the permits are on hold
waiting for the USR determination. The building coverage shall not exceed 15 percent. Staff received 5
letters of support from surrounding property owners. 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, on -site
dust control, and the Waste Handling Plan.
Courtney Thomas, 16417 Coleman Avenue, Fort Lupton, Colorado. Ms. Thomas is representing her
husband, Juan Garcia. She said that they wish to build a greenhouse and a front porch that is approximately
64' x 10'. They want the front porch covered because they have experienced issues with broken windows
from hail and 4' snow drifts.
Ms. Thomas explained that her daughters plan to join 4-H. Once her children figure out what kind of
livestock they want to raise, they will build proper accommodations to house the animals. From experience
they have found that different animals produce different bacteria, so they have to keep them separated in
different coops or different structures. Ms. Thomas said they take pride in their property and hope to
encourage their neighbors to do the same.
Commissioner Ford asked staff if the 15 percent building coverage would be great enough to cover all the
structures the applicant wants to build. Staff explained that the applicant had to demo an addition on the
side of a building because it encroached into the offset. The applicant plans to rebuild the side addition on
the other side of the building. Ms. Snyder said the greenhouse was included in her calculations to keep
building coverage no greater than 15 percent. Commissioner Ford asked staff if the Planning Commission
could recommend a little more coverage to make sure they can build what they intended under this USR.
He felt it would be a shame to have to come back and ask to amend the USR if the applicant didn't quite
meet the 15 percent. Staff said they could make a motion to change it.
Ms Thomas explained that once her girls figure out what animals they want to raise and compete with, they
will demo buildings that are currently on their property and rebuild new structures Commissioner Edens
asked the applicant if the new structures will be the same size as the old ones Ms Thomas replied yes
The applicant said they do not plan on having large livestock
Commission Holland asked staff what the size of the lot is Ms Snyder replied it is 1 1 acres He asked
how this lot compares to other lot size in the neighborhood Staff answered that all the lots are right at 1
acre Commissioner Holland asked if most of the lots have outbuildings Ms Thomas responded that they
do, and most are larger than what they have Mr Holland asked staff if there are properties in this
neighborhood that are in violation of exceeding lot coverage Ms Snyder answered that there are many
USRs in this neighborhood due to exceeding lot coverage
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Commissioner Edens asked staff what the guidelines for lot coverage are in Weld County Ms Snyder
replied that this is an agriculturally zoned subdivision, so it is based on the size`of the lot One acre allows
10 percent lot coverage
There was discussion with council if the lot coverage amount could be slightly increased Bruce Barker,
County Attorney, explained the importance of following the legal notice Mr Barker asked staff if the 15%
was called out in the notice or application Ms Snyder responded it was not She based that amount from
the calculations she did by the buildings the applicant intended on having Mr Barker said the amount
could be increased, -but it would need to be in reason
Motion Amend Condition of Approval 3 to read "The building coverage shall not exceed 17 percent"
Moved by Pam Edens, Seconded by Michael Palizzi Motion passed unanimously
The Chair asked the applicant if they have read through the Development Standards and Amended
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion. Forward Case USR22-0005 to the Board of County Commissioners along with the Amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Butch White, Seconded by Lonnie Ford ,
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Lonnie Ford, Michael Palizzi, Pamela Edens, Sam Gluck, Skip Holland, Tom Cope
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 4 41 pm
Respectfully submitted,
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Michelle Wall
Secretary
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