HomeMy WebLinkAbout20223472.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONER
Moved by Sam Gluck, 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
REQU EST:
LEGAL DESCRIPTION:
LOCATION:
COZ22-0011
R&N PROPERTIES LLC
MICHAEL HALL
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-
2 (MEDIUM INDUSTRIAL) ZONE DISTRICT
LOTS A AND B OF RE -1300: BEING PART OF THE N2SE4 OF SECTION 22. T1 N.
R68W OF THE 6th P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO INTERSTATE 25 FRONTAGE ROAD:
APPROXIMATELY 0.25 MILES NORTH OF CR 6.
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.
Section 22-4-10.41, being the Comprehensive Plan Map section, refers to one of the two
main components for siting preference of rezonings and subdivisions. Specifically, that areas
of opportunity for commercial and industrial development are logically developed based on
transportation infrastructure of roads and railroads.
The proximity of this site to Interstate -25 and Erie Parkway allows for the convenient and
efficient regional transportation of goods and services that will be produced or based from
potential businesses on this property. By rezoning the property to 1-2 (Medium Industrial). a
larger variety of anticipated future users may benefit from the nearby vehicular transportation
network. As the applicant has voluntarily selected 1-2 rather than 1-3, many heavy industrial
activities will not be present in this development. As a result, railroad service. which is often a
desired feature of heavy industrial users, was not a contributing factor for the locational siting
decision of the developer.
Section 22-4-10.8.1, being 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 mile of US highways.
This property is located within the one -mile buffer surrounding Interstate -25 and is classified
as being located within a Weld County Opportunity Zone. As such, the County supports a
Change of Zone in this area, assuming compliance with other applicable Change of Zone
requirements of the Weld County Code. Specifically. this property is located in a preferred
location for a Change of Zone given the ability to access markets, the transitional nature of
this portion of Weld County and the location within an urbanizing region with a rapidly
growing population base. Furthermore. by creating a centralized business park in an area
that can support such development. it may directly reduce the amount of individual
commercial and industrial businesses locating sporadically in inappropriate areas throughout
Weld County, often at cost to agricultural communities.
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 subject property is comprised of two legal lots, both with single family residence and
multiple outbuildings and sheds, located in the north -central portion of the property. The
remaining land is utilized for agricultural purposes. The FRICO owned and managed Stanley
Ditch (Bull Canal) is located along the east property line.
RESOLUTION COZ22-0011
R&N PROPERTIES LLC
PAGE 2
The surrounding lands area are a mix of agricultural, rural residential, industrial and public
infrastructure uses No residences are located north or east of the property for at least one-
half mile Sporadic farm residences are located to the west The closest concentration of
residence lies approximately one -quarter mile to the south, being roughly ten (10)
unincorporated residences that access south onto County Road 6 The nearest of which is
approximately 1,200 feet away from the subject Change of Zone southern property line Of
those residences, three (3) comprise the platted Baker Subdivision
The parcel directly to the northwest was recently zoned C-3 (Business Commercial) and has
an in -progress Site Plan Review application for an outdoor storage facility The parcel directly
to the north is zoned A (Agricultural) and has a Use by Special Review permit for an outdoor
storage facility One of the two parcels directly to the south of the property is zoned A
(Agricultural) and has a Use by Special Review permit for a landscaping business,,currently
occupied by the Asphalt Specialties The second parcel to the south was incorporated into
the municipallimits of Erie in April of 2000, via the Baker Annexation No 2, is zoned RP -3
(Rural Preservation) and is vacant The parcel directly to the west is zoned A (Agricultural)
and has a use by right livestock feeding operation The land to the east, being that which is
located on the east side of 1-25, isiocated in Broomfield City and County However, to the
southeast is the Althen-Boyer Commercial Unit Development, which contains nine (9) lots of
industrial businesses There are several other Use by Special Review permits in the
immediate area for diverse uses including an excavation company, fence company, trucking
company and mineral resource development facility Notably, several of these USR permits
are located on lots within the grouping of aforementioned residences located south of the
R&N site The subject Change of Zone to 1-2 and the uses permittable in that Zone District
will be compatible with the existing surrounding land uses
The Department of Planning Services sent notice to nine (9) surrounding property owners
within 500 -feet of the subject parcel No responses were received back
The subject site is not located within a Coordinated Planning Agreement (CPA) boundary
The site is located in the three-mile referral area of Adams County, City of Dacono, Town of
Erie, Boulder County, City of Northglenn and City and County of Broomfield The Adams
County and City of Dacono both responded to the referral notice and did not express any
concerns about the Change of Zone, referrals respectively dated September 9, 2022 and
August 31, 2022 None of the other listed jurisdictions responded to the referral notice,
including the Town of Erie, whose boundaries lie immediately to the south of the property It
is anticipated that Weld County Department of Planning Services will receive comments from
the Town of Erie on future individual land use application submittals within the proposed
industrial business park Moreover, upon review by Weld County staff, it appears that the
proposed Change of Zone complies with the goals of the 2015 Town of Erie Comprehensive
Plan — Land Use Plan Map Specifically, this property is designated as I (Industrial) for the
intended future land uses
r In any event, future land use permitting on the subject site, whether by Site Plan Review or
Use by Special Review will require uses to conform toiappropriate Design and Operations
Standards and will Include a landscaping and screening component, to ensure compatibility
with the Interstate -25 corridor and surrounding land uses
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
The COZ application materials included a letter from Left Hand Water District (LHWD), which
states the property has an existing %" equivalent tap for water service The Environmental
Health questionnaire, as submitted by the applicant, states that the applicant has been in
contact with LHWD regarding the design of a Water Main Loop, likely from a water vault
connection at the corner of 1-25 and County Road 6, then north parallel to 1-25, then west,
RESOLUTION COZ22-0011
R&N PROPERTIES LLC
PAGE 3
connecting to a water main on County Road 7 LHWD provided a referral, dated September
13, 2022, in response to this, COZ application, which requires the applicant to submit a Tap
Availability Review Request Form and Commercial Supplemental Form in order to evaluate
the future commercial needs of this industrial park, There was no objection to the proposed
water demand of the property nor any stated inability to obtain commercial water service
As this Change of Zone seeks to establish the zoning for a large industrial business park, the
COZ application materials state the future land use applications will further evaluate the
specific needs for individual users There are two existing permitted septic systems on the
property for the existing residences ,When the property is redeveloped, these residences and
utilities are expected to be demolished and removed
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
The parcel has an existing access onto the West Interstate 25 Frontage Road, under the
jurisdiction of the Colorado Department of Transportation This Frontage Road extends south
from Erie Parkway (County Road 8) to the existing site access location and then dead ends
approximately 600 feet further to the south A CDOT State Highway Access Permit, dated
November 9, 2022 has been submitted by LSC Transportation Consultants, Inc , on behalf of the
property owner Per the CDOT access application, anticipated peak hour vehicles volumes are
approximately 172, subject to future build -out No other access is proposed No gates are being
proposed at the main access location onto the Frontage Road
There are no indications that the West Interstate 25 Frontage Road would not be adequate to
meet the access needs of the future proposed development The Colorado Department of
Transportation (CDOT) did not respond to this referral request
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 — The proposed Change of Zone (COZ) is not located within the
Airport, 1-25, MS4, Historic Townsite or Special Flood Hazard Area No additional compliance
with these Overlay Districts must be demonstrated However, the site is located within the
Geologic Hazard Overlay District As displayed on the Weld County Property Portal a
geologic mapping layer developed jointly by the Colorado Geological Survey (CGS) and US
Geological Survey (USGS), the property is shown as underlain by the abandoned
Washington underground coal mine in the Boulder -Weld coal field at a depth of over 400 -
feet As a result, the soils report submitted with any future building permit application shall -7
include geotechnical 'recommendations stamped by a registered engineer and shall be
submitted to the Building Department along with the building permit application The study
shall specify that the foundation and structure design are appropriate for the specific site No
certificate of occupancy shall be issued until the Building Official is satisfied that the
structures have been constructed in compliance with the geotechnical recommendations, per
Section 23-5-130 of the Weld County Code
2) Section 23-2-30 A 5 b —The proposed Change of Zone does not interfere with the present
or future extraction of mineral resources, more so than the existing zoning Open mining and
the processing of materials is permitted via a Use by Special Review permit in both the
existing A (Agricultural) Zone Distract and the proposed 1-2 (Medium Industrial) Zone District
Per the Zeren Land Services research, dated August 1, 2022, the only mineral owner and
mineral leasehold owners entitle to notice under the Surface Development Notification Act of
the C R S, is Crestone Peak Resources Holdings, LLC Crestone was notified by the
applicant as part of the required Weld County mineral owner notice requirement No
response has been received by Crestone Additionally, the hard rock minerals, being coal,
have already been extensively mined in this area in the 1940s -1960s Furthermore, there
are no recoverable aggregate resources in the area per the 1975 Weld County Sand and
C
RESOLUTION COZ22-0011
R&N PROPERTIES LLC
PAGE 4
Gravel Resources map and nearby deposits were identified as low -quality upland gravel
deposits with significant amounts of silt, clay and incompetent rock.
3) Section 23-2-30.A.5.c. — The site is relatively flat with an approximate relief across the
site of twenty (20) feet from northwest to southeast. The generated USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report describes the property
containing primarily low -slope clay soils. Per the Limited Geotechnical Engineering Study
prepared by Earth Engineering Consultants. LLC, subsurface backhoe test pits were
conducted to evaluate the potential of collapsible soils on the subject site, as this site is
located in a Geological Hazard area. Notably, the site contains soils which were loosely
deposited and highly porous, achieving a proclivity for collapse, as corroborated by
Colorado Geological Survey literature. As a result, the Study recommends that further
subsurface exploration should occur in order to best determine the proper over -
excavation and soil replacement methods to address the collapsible subsoils and that a
geotechnical engineer be retained for testing and observations during earthwork phases
of future site development to help guide design requirements.
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 Prior to recording the plat:
A. The applicant shall acknowledge the advisory comments from Mountain View Fire Rescue, as
stated in the referral response dated September 2, 2022. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. Integration of applicable
requirements shall be included in any future Site Plan Review or Use by Special Review
submittal. (Department of Planning Services)
B. The applicant shall acknowledge the advisory comments from Left Hand Water District, as stated
in the referral response dated September 13. 2022 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
and label with the approved access permit number if applicable. (Department of Planning
Services — Development Review)
The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ22-0011. (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. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way. (Department of Planning Services — Development Review)
RESOLUTION COZ22-0011
R&N PROPERTIES LLC
PAGE 5
E. Show the approved Colorado Department of Transportation (CDOT) access point(s) on the plat
and label with the approved access permit number if applicable. (Department of Planning
Services — Development Review)
The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0011, 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. as amended. (Department of Planning Services)
2) Any future structures or uses on site may be required to obtain approval through a Site Plan
Review or Use by Special Review and 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. (Department of Planning
Services — Development Review)
5) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Planning Services — Development Review)
6) The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services — Development Review)
7) Water service may be obtained from Left Hand Water District. (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 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)
11) 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)
RESOLUTION COZ22-0011
R&N PROPERTIES LLC
PAGE 6
12) 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
4 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
5 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
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
7 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the required one hundred twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50 00 recording continuance charge shall be added for each additional three (3)
month period (Department of Planning Services)
Motion seconded by Michael Wailes
VOTE
For Passage
Elijah Hatch
Sam Gluck
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage Absent
Skip Holland
Butch White
Pamela Edens
RESOLUTION COZ22-0011
R&N PROPERTIES LLC
PAGE 7
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, 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 December 6, 2022
Dated the 691 day of December, 2022
Michelle Wall
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 6, 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 Chair,
Elijah Hatch. at 12:31 pm.
Roll Call
Present: Elijah Hatch, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Skip Holland, Butch White, Pamela Edens.
Also Present: Kim Ogle, Diana Aungst, Michael Hall, Maxwell Nader, and Jim Flesher. Department of
Planning Services; Lauren Light, Department of Environmental Health; Karin McDougal, County Attorney,
and Michelle Wall. Secretary.
Motion: Approve the November 1, 2022, Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER: COZ22-0011
APPLICANT. R&N PROPERTIES LLC
PLANNER: MICHAEL HALL
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOTS A AND B OF RE -1300; BEING PART OF THE N2SE4 OF SECTION 22,
Ti N, R68W OF THE 6th P.M., WELD COUNTY, COLORADO
LOCATION: WEST OF AND ADJACENT TO INTERSTATE 25 FRONTAGE ROAD:
APPROXIMATELY 0.25 MILES NORTH OF CR 6.
Michael Hall, Planning Services, presented Case COZ22-0011, reading the recommendation and
comments into the record. Staff sent notice to 9 surrounding property owners within 500 feet of the subject
parcel. No responses were received back. The Department of Planning Services recommends approval
of this application along with conditions of approval and development standards.
The Chair reiterated with Planning Commissioners and audience that discussion about this case be relevant
to the Change of Zone only.
Commissioner Palizzi asked staff if both Lots A and B are proposed to change. Staff responded that is
correct.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Nate Hewson, 2794 Heron Lakes Parkway, Berthoud, Colorado. Mr. Hewson represents R&N Properties,
LLC. Mr. Hewson thinks the 12 zone is compatible with other surrounding uses and the fits with the Town
of Erie's future plans.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Staff recommends that Condition of Approval 1.C. and 1.D. be relocated under Condition of Approval 2 and
reletter as 2.D. and 2.E.
Motion: Amend Resolution as recommended by staff. Moved by Michael Wailes, Seconded by Elijah
Hatch. Motion passed unanimously.
The Chair asked the applicant if they have read through the Amended 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 COZ22-0011 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 Sam Gluck, Seconded by Michael Wailes
Vote Motion carried by unanimous roll call vote (summary Yes = 5)
Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chairasked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 3 06 pm
Respectfully submitted,
--tneciueee, u,tte-
Michelle Wall
Secretary
PLANNING COMMISSION ATTENDANCE RECORD
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