HomeMy WebLinkAbout20223485.tiffBEFORE THE WELD COUNTY; COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONER
Moved by Shana Morgan, 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:
COZ22-0010
KENNARD AND VICKI KNUDSON
CHRIS GATHMAN
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-
3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LOT A REC EXEMPT RECX16-0028; BEING PART OF THE SE4 SECTION 33,
T1 N. R67W OF THE 6TH P M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 2; WEST OF AND ADJACENT TO 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 23-2-50
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.
Sec. 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 property is located more than % mile from the municipal limits of the nearest
municipality. The nearest municipal limits are approximately 1 -mile from the property.
The City of Thornton is one-half mile south of County Road 2 in Adams County
2. Urban -scale development shall only be placed where urban services, including public
water, are available.
The property is proposed to be served by Todd Creek Metropolitan District for
water.
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.
Future commercial 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 surrounding property owner for comments. These
future uses are subject to the bulk standards of the C-3 (Business Commercial)
Zone District which requires outdoor storage to be screened from public rights -of -
way and all adjacent properties. Based on the existing uses in the vicinity, a Change
of Zone to C-3 (Business Commercial) is compatible with the surrounding land uses.
Sec. 22-2-40. - Economic Development Goals and Objectives.
A. Support compatible economic development opportunities.
1. Identify target areas where the County is able to encourage shovel -ready commercial
and industrial development.
The property is located within a Weld County Opportunity Zone. Commercial and
Industrial Zoning are preferred in these locations
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 property is located adjacent to a property containing an outbuilding being used for
personal storage and an office. A residence and outbuilding are located on a property
located to the north/northeast of the site. An RV and Boat Storage facility (approved
under USR12-0022) and a self -storage facility (approved under USR17-0067) are
located to the east of the property (on the east side of County Road 19).
The property is not located within a Coordinated Planning Area boundary.
Adams County, in their referral response dated August 19, 2022, commented that
residential development is anticipated on the Adams County side of 168th Avenue.
Adams County supports low -intensity, neighborhood -serving commercial uses in this
area.
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.
Public Water (the applicant has provided a conditional will serve letter from Todd Creek
Village Metropolitan District) and individual septic systems are proposed.
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.
County Road 19 is found to be adequate in functional classification, width and structural
capacity to meet the traffic requirements of the proposed zone. County Road 19 is a
paved two-lane road.
The property is bounded on the south by County Road 2. While the County does have
right-of-way in this area, it is not maintained by the County. This segment of County
Road 2 is under the jurisdiction of Adams County.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with the
applicable standards:
1) Section 23-2-30.A.5.a. — If the proposed Change of Zone is located within any
Overlay District identified by maps officially adopted by the County, that the applicant
has demonstrated compliance with the County regulations concerning Overlay
Districts.
This property is not located within any overlay district officially adopted by the
County, including Special Flood Hazard Area, Geologic Hazard Overlay District, A -P
(Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal Separate Storm
Sewer System 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.
Earth Engineering Consultants, LLC, in their Geological Hazards and Mineral
Extraction Report. dated July 12, 2022, indicates that the site may be located within
the Denver Coal Region and may contain bituminous and subbituminous coal.
However, the coal may be under approximately 150 to 2,000 feet of overburden
materials The report also states that no significant sand and gravel deposits are
expected on this property
3) Section 23-2-30 A 5 c — If soil conditions on the site are such that they present
moderate or severe limitations to the construction of structures or facilities proposed
for the site, that such limitations can be overcome and that the limitations will be
addressed by the applicant and/or the applicant's successors or assigns poor to the
development of the property
Earth Engineering Consultants, LLC, in their Preliminary Geotechnical Report
prepared June 27, 2022, states that the site was underlain by lean clay with sand that
extends to depths approximately 9 to 13 feet below ground level extending to
claystone with imbedded sandstone The report states that site preparation and
design of improvements should include measures to mitigate the potential site
improvements due to the expansion of soils The report included preliminary
recommendations/measures regarding shallow foundations, deep foundations and
below grade areas
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 (Agncultural) Zone Distnct to C-3 (Business Commerc►al) Zone Distnct
is conditional upon the following
1 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)
B The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gasactivities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators The plat shall be amended to include
any possible future drilling sites and/or setbacks (Department of Planning Services)
C The applicant shall acknowledge the comments from the Weld County Oi118, Gas Energy
Department (OGED) as stated in their referral dated August 30, 2022 'Written evidence of
such shall be provided to the Department of Planning Services (OGED)
D The plat shall be amended to delineate the following
1 All pages of the plat shall be labeled COZ22-0010 (Department of Planning Services)
2 The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of
Planning Services)
3 All recorded easements shall be shown and dimensioned on the Change of Zone plat
(Department of Planning Services)
4 All approved accesses shall be delineated on the plat (Department of Planning Services)
5 County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140
feet of right-of-way at full buildout The applicant shall delineate and label on the plat the
future and existing right-of-way (along with the documents creating the existing right-of-
way) and the physical location of the road 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)
n
6 This portion of County Road 2 is under the jurisdiction of Adams County Please
contact the County to verify the nght-of-way Show and label the right-of-way (Development
Review)
7 Show and label the existing permitted access point onto County Road 19 and the
usage type (Development Review)
8 Show and label a sixty (60) -ft access and utility easement (Rec No 3985122) to provide
legal access to the parcel on the plat (Development Review)
2 The following notes shall be delineated on the Change of Zone plat
A The Change of Zone allows for C-3 (Business Commercial) uses which shall comply with the
requirements as set forth in' Chapter 23, Article Ill, Division 3 of the Weld County Code
(Department of Planning Services)
B 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)
C Any future structures or uses on site must obtain approval through a Site Plan Review or Use
by ,Special Review (Department of Planning Services)
D Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
E Water service may be obtained from Todd Creek Metropolitan District (Department of
Public Health and Environment)
F The parcel is currently not served by a municipal sanitary sewer system Sewage disposal
may be by an on -site wastewater treatment system 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)
G 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)
H 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)
I 'Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
J All access and utility easements are dedicated for the benefit of all owners of lots depicted
on this plat, including owners of future lots created therefrom, regardless of lot configuration or
number of users, and without limitation of the use or intensity of the use of such easements
No lot owner may install a gate or otherwise impede the use of such easements without the
approval of all persons with rights of use of such easements (Development Review)
K 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)
L 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)
M The historical flow patterns and runoff amounts will be maintained on the site
(Development Review)
N Building permits shall be obtained prior to the construction of any new budding A plan review
is required for each building Plans shall bear the wet stamp of a Colorado registered
architect or engineer Two complete sets of plans are required when applying for each
permit ,
1 O Building permits shall be required f o r any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code A building permit application
must be completed and submitted Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application Currently, the
following, have been adopted by Weld County 2018 International Building Codes, 2018
International Residential Code, 2020' International Energy Code, 2017 National Electrical
Code, and Chapter 29 of the Weld County Code A plan review shall be approved,'
and a permit must be issued prior to the start of construction
P Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Fee Impact Program, the County Facility Fee, and Drainage Impact
Fee Programs
Q Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shell 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 _
R 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 Jhe 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 The plat shall be prepared in accordance with the requirements of Section
23-2-50 D of the Weld County Code
4 Upon approval of the plat, Conditional of Approval 3 above, the applicant shall submit to the
Department of Planning Services 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 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 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
6 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 p lat 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
7 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
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
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 November 1, 2022
Dated the 1st of November, 2022
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 1, 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, Butch White, at 12:30 pm.
Roll Call.
Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan.
Absent: Elijah Hatch, Sam Gluck.
Also Present: Chris Gathman, Maxwell Nader, and Jim Flesher, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ22-0010
KENNARD AND VICKI KNUDSON
CHRIS GATHMAN
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LOT A REC EXEMPT RECX16-0028; BEING PART OF THE SE4 SECTION 33,
T1 N, R67W OF THE 6TH P.M., LD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 2; WEST OF AND ADJACENT TO CR 19.
Chris Gathman. Planning Services, presented Case COZ22-0010, reading the recommendation and
comments into the record. Mr. Gathman noted that one letter and one email were received in support of
this application. He added that one email and one letter were received in opposition to this application
outlining concerns that this property is too far away from the nearest highway, concerns that this will open
up the opportunity for additional commercial zoning in the area, traffic impacts, devaluing homes in the
community, and the uncertainty of what the end use would be on the property. The Department of Planning
Services recommends approval of this application along with conditions of approval.
Commissioner Holland asked if there is a major wastewater facility directly to the east. Mr. Gathman noted
that facility is located two to three miles from this site. Mr. Holland said that on the Adams County side
there are quite a few large lot developments and asked about the compatibility of C-3 zoning with that
residential development. He added that it seems to be compatible. Mr. Gathman said that Adams County
did comment as C-3 has a broad array of uses. Mr. Gathman read the referral from Adams County into the
record.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Commissioner Wailes asked what the facility is to the north of the site. Mr. Gathman said it was permitted
as a personal use storage building. He added that there isn't a residence on that site.
Kennard Knudson, 14971 Vine Street, Thornton, Colorado, stated that he bought 80 acres in 1999 and built
their home in 2003 and stayed there until 2013. In 2013, the Morelli's purchased the property and are
operating a horse facility now. The Morelli's also purchased 33 acres behind the 80 acres to protect their
views and for the expansion of their horse facility. Mr. Knudson said that he sold 10 acres to Steve Knel
and all he owns now is 20 acres on County Road 2. He said because of a large oil and gas operation just
to the south of this site and industrial and commercial development east of this site they just don't think it
would make sense to do a custom home on that site. Mr. Knudson feels that the best use for this land
would be commercial so when it was placed in an opportunity zone in 2020 they thought they would pursue
the commercial zoning. He added that they have spoken to all four of their neighbors.
Robert Demaree, 150 Main Street, Longmont, Colorado stated that he represents the applicant and added
that the surrounding property is conducive for this use. He added that this site is one of the few areas that
they looked at that meets the county requirements for the opportunity zone that has public utilities.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
1
Bill Wycoff, 333 CR 17, Brighton, Colorado, stated that there is so much involved here in terms of how the
process works He said that he has lived in this area for over 20 years and farmed 70 plus acres and added
that at this time is it not an urbanized area and yet it is located in an opportunity ,zone Mr Wycoff noted
that the application stated it is located more than one -quarter mile from municipal limits There are
agricultural type uses (a horse boarding and training facility) in the surrounding area He added that he was
disturbed that there are no solid plans for use of the property He said that from the list of compatible
functions in the C-3 zone district he doesn't feel like they will serve the area such as a brew pubs, distribution
centers, night clubs, etc
Robert Morelli, 305 CR 19, stated that he owns 50 horses and purchased the property from Mr Knudson
Mr Morelli stated that he was aware that the RV and Boat storage facility was going in across the street
when they purchased the property A few years later, Mr Knudson sold 10 acres to the neighbor south of
Mr Morelli and promised the land would be like used and build custom homes Mr Morelli said that once
it was sold that didn't happen and there is a big warehouse with home depot ladders, shopping carts, and
' storage containers He talked to Mr Knudson about not wanting to be surrounded by this environment so
they purchased additional land to the west from Mr Knudson Mr Morelli doesn't see the compatibility of
a broad C-3 zoning change in this area
Robert Bidwell, 8602 East 148th Lane, Thornton, Colorado, stated that he lives 1 5 miles south of the
proposed site He said that he bought the property from Mr Knudson and they did put up a building after
that and permitted a sewer system for a four -bedroom home A residence has not been constructed on the
property He spoke to Mr Knudson who had alerted him to this opportunity zone He asked if there was a
notice that went out notifying people about this opportunity zone He added that over the last several years
there have been several zone changes in the area
Michael Dente, 1142 Judson Street, Longmont, Colorado, stated that they believe this site is an appropriate
candidate for a commercial rezone because it is located on the arterial intersection of County Roads 2 and
19 and it is located within Weld County's opportunity zone He added that it has access to public utilities
and it is conducive with the surrounding land uses
The Chair asked Mr Knudson if they have read through the Conditions of Approval and if they are in
agreement with those Mr Knudson replied that they are in agreement
Commissioner Holland asked if the other properties that have been developed in the area were properly
considered when the update was made to the Comprehensive Plan Mr Gathman said that the two of the
surrounding properties were reviewed in 2012 and 2017 through the Use by Special Review Permit process
before the Comprehensive Plan was updated Mr Holland said that he is surprised at the degree of
development on the Adams County side and that development is effectively low -density, residential use
On the other hand, where this property is located and the proposed zoning is in Weld County's
Comprehensive Plan it makes a great deal of sense to him because of the roads that are there He added
that it seems the zoning makes sense but it also seems to be in conflict with the impressive residential
applications in that area He added that it is a confusing area He asked Staff if they carefully considered
the confusion and complexity of that area as they made this recommendation Mr Gathman replied yes
Motion Forward Case COZ22-0010 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Shana Morgan,
Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland
Meeting adjourned at 2 36 p m
Respectfully submitted,
Kristine Ranslem
Secretary
2
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