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HomeMy WebLinkAbout20152966 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION � RESOIUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Benjamin Hansford, 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�. COZ15-0002 APPLICANT M2 LANDCO LLC C/O ERIK HALVERSON PLANNER DIANA AUNGST REQUEST�. CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-3 ( INDUSTRIALI ZONE DISTRICT LEGAL DESCRIPTION LOT B AMD REC EXEMPT RE$33. BEING PART E2NE4 SECTION 25. T6N R67W 8 PART W2NW4 SECTION 30. T6N. R66W OF THE 6T" P M_ WELD COUNTY, COLORADO LOCATION � NORTH OF AND ADJACENT TO CR 64 5 AND EAST OF AND ADJACENT TO CR 2375. 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 23-2-30A. 1 - That the proposal is consistent with Chapter 22 of the Weld County Section 22-2-80 A I Goal 1 states, ' Promote the location of mdustrial uses within municipalities, County Urban Growth Boundary areas, Intergovemmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans. the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable. " The proposed Change of Zone is located adjacent to the City of Greeley's corporate limits. The site is adjacent to the Great Western Rail Road, which borders the site along the northern property boundary and it is also in the North Greeley Rail Corridor Subarea Vestas Blades America Inc. is tocated to the west of the site in an industnal subdivision in the Town of W ndsor and Owens-Illinois (Brockway Glass Contamer Inc. ) is also west of the site. Adequate services are considered reasonably obtainable. Section 22-2-70 D I Goal 4 states. "All new indusirial development should pay ds own way " '� The applicant will be responsible for covering all cosis for all on-site and any applicable off-site I improvements associated with this use, as required through the Improvements Agreement. Sedion 22-2-70 B I .Goal 2. states, 'Encourage appropriate industrial development to annex into a municipality if the new or expanding industrial development is adjacent to the municipality's corporate limits " The proposed Change of Zone is located adjacent to the City of Greeley's corporate limits The City of Greeley has annexed the land adjacent to the east and west of the site and those properties are zoned Industrial Medium Intensity per the Gty of Greeley The applicant had a meeting with the City of Greeley and discussed the option of future annexation Section 22-2-80 C I Goal 3 states, "Consider how transpoRation infrastructure is affected by the impacts of new or expanding industrial developments " And Section 22-2-80 G I Goal 7 states, 'Recognize ihe importance of railroad infrastructure to some industrial uses " The site is adjacent to the Great Western Rail Road, which borders the site along the northern property boundary and it is also in the North Greeley Rail Corridor Subarea. EXHIBIT � � ls-000 RESOLUTION COZ15-0002 M2 LANDCO L�C C/O ERIK HANERSON PAGE 2 Section 22-6-20 C ECON Goal 3 states. "Structure land use policies and regulations so that they encourage County-wide economic prosperity and economic growth " Section 22-6-20 E . ECON Goal 5 states. "Recognize and promote specific places and resources in the County that can uniquely support economic development " And Section 22-6-20 E ECON Policy 5 1 states, The County should encourage an adequate supply of both services and land swtable for industrial development and redevelopment " � This Change of Zone will add to the land suitable for industrial development and support economic development B 23-2-30 A2. - The uses which would be allowed on the subject property by grenting the Change of Zone will be compatible with the surrounding land uses Any proposed use in the I-3 Industrial Zone District will require either a Site Plan Rewew (if a Use by Right) or a Use by Special Review Permit Depending on the uses proposed a buffer may be required between the residential development to the north and the subject property The DepaRment of Planning Services has not received any correspondence from the surrounding property owners about this Change of Zone request 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. According to the referral comments from the Department of Public Health and Environment North Weld County Water District will provide water Sewage disposal will be handled by an on-site wastewater treatment system (septic system) Septic systems will be evaluated at time of Site Plan Review and prior to the issuance of a building permit 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 current access points are not changing The subject property has an access off of CR 2375 with an approved access permit number AP #15-00088 The application materials are not proposing any development on ihe site and ihe site is primarily vacant land When development is proposed for the site the roads may require improvements The City of Greeley has indicated that their 2035 TranspoRation Plan classifes County Roads 64 5 and 23J5 as 2-lane minor- aRerial roadways requiring a 100 feet total public right-of-way (50 feet half right-of-way) Staff is recommending that this future right-of-way be delineated on the plat. E Section 23-2-30A 5 - In those instances where the following characteristics are applicable to the rezoning request. the applicant has demonstrated comp6ance with Ihe applicable standards 1 ) Section 23-2-30 A S.a. - The proposed Change of Zone is not located within an Overlay District The site will be located in a Special Flood Hazard Area (Zone A) according to the recently FEMA accepted DFIRMs effective on January 20 , 2016. A Flood Hazard Development Permit will be required for any development in the floodplain 2) Section 23-2-30Abb. - The Weld County Sand and Gravel Resources Map identifes this area as Unevaluated Aggregate — Stream Terrace deposits (T4) Unevaluated Aggregate is classified as coarse and fine aggregate resources that were not evaluated because of inadequate exposures, lack of drill-hole data. location, access. poor potential areal extent, or a prior land use that excludes the possibility of recovering aggregate. According to the Mineral and Soil Sfudy prepared by Earth Engineering Consultanis, LLC dated May 5, 2015 and signed and stamped by a Professional Engineer the property is not suitable for sand and gravel operations or mineral extraction The proposed change of zone will not preclude or prohibit the fuWre extraction of a mineral deposit such as oil and gas. I RESOLUTION COZ15-0002 M2 LANDCO LLC C/O ERIK HALVERSON PAGE 3 3) Section 23-2-30A S c - The West Greeley Soil Conservancy District, referral agency dated August 10. 2015 recommends that the applicant do an on-site soil test prior to any construction Additionally the West Greeley Soil Conservancy District states that the two primary soil types on the site have slight to moderate limitations for dwellings with or without basements and small commercial buildings The Mineral and Soil Study prepared by Earth Engineering Consultants, LLC dated May 5, 2015 states that the near surface soils at this site appear to range from low plasticity c�ay and clayey sand soils to non-plastic granular sands with varying amount of silL Areas of non-cohesive to low cohesive materials exist on ihe parcel and may be susceptibie to erosion A geotechnical investigation should be conducted at each proposed building site to identify if these conditions exist This recommendation is based, in paR. upon a review of the application materials submitted by the applicant, , other relevant information regarding the request, and responses from referral entities i The Change of Zone from the A (Agricultural) Zone District to the I-3 (Industrial) Zone District is conditional upon the following 1 The plat shall be amended to delineate the following�. ! A All pages of the plat shall be labeled COZ15-0002. (Department of Planning Serwces) B The plat shall adhere to Section 23-2-S0 C and D of the Weld County Code (Department of Planning Services) C. Show and label all easements with the recorded document reception number and date on the plat (Department of Planning Services) D The City of Greeley has indicated that their 2035 Transportation Plan classifed County Roads 64 5 and 2375 as 2-lane minor-arterial roadways requiring a 100 feet total public right-of-way (50 feet half right-of-way). The applicant shall delineate ihe 20 foot future right-of-way on the plat. (Department of Planning Services) E Show and label the approved access wdh the access permit #AP15-00088 on the plat (Department of Public Works) 2. The following notes shall be delineated on the Change of Zone plat A The Change of Zone allows for 13 (Industrial) uses which shall comply with Ihe I-3 Qndustrial) Zone Distnct requirements as set foRh in Chapter 23, Article III, Division 4 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 A Flood Hazard Development Permit is required for all construction or development occurring in the Floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C- 1504E that will be effective January 20. 2016 (John Law Ditch Floodplain) Any development shall comply with all applicable Weld County requirements, ' Colorado Water Conservation Board reqwrements as described in Rules and Regulations for Regulatory Floodplams in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate. including but not limited to buildings or other structures, i mining. dredging. filling, grading, paving, excavation , drilling operations. or storage of equipment and materials. (Department of Planning Services - Floodplain) D Should noxious weeds exist on the property, or become established as a result of the proposed development. the applicanUlandowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15 Articles I and II . of the Weld County Code (Department of Pianning - Engineer) - RESOLUTION COZ15-0002 � M2 LANDCO LLC C/O ERIK HAWERSON PAGE 4 E The historical Flow pattems and runoff amounts will be maintained on the site. (Department of Planning - Engineer) F Water service shall be obtained from North Weld County Water District (Department of Public Health and Environment) G This parcel is not served by a municipal sanitary sewer system Sewage disposal shall be by septic systems designed in accordance with the regulations of Ihe 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 modifcation of the system (Department of Public Health and Environment) H 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 dehimental to the structural integrity or capability of the component to function as designed (Department of Public Health and Environment) I Building permits shall be obtained prior to the construction of any new building 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 (Department of Building Inspection) J Buiidings, structures shall conform to the requirements of the various codes adopted at the time of permlt application Currently the following has been adopted by Weld County 2012 International Building Code; 2012 Intemational Mechanical Code: 2012 International Plumbing Code 2012 International Energy Code: 2006 Intemational Fuel Gas Code; the 2012 International Plumbing Code: 2014 National Eledrical Code, 2003 ANSI 117 1 Accessibility Code and Chapter 29 of the Weld County Code (Department of Building Inspection) K 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 Building Inspection) L 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) I M 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 deposds 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 person moving into these areas must recognize the various impacts associated with this development. Often times. mineral resource sites are fxed 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. (Department of Planning Services) RESOLUTION COZ15-0002 M2 LANDCO LLC C/O ERIK HALVERSON PAGE 5 N 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 agriculturel 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 lown Along with the drawbacks come the mcentives 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 Wthout neighboring farms, those features which attract urban dwellers to rural Weld County would quickty be gone forever. Agricultural users of the land shouid not be expected fo change their long-established agricultural practices ro 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 activi6es: shooting sports. legal hazing of nuisance wildlife; and ihe use of pesticides and fertilizers in the feids. 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 dispariry between rural and urban areas of the County Section 35-3 5- 102 . CR 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 approxlmately four thousand (4,000) square miles fn size (twice the size of the State of Delaware) with more than three thousand seven hundred (3700) 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, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to aRerials 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-suffcient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting . Farm equipment and oil feld equipment. ponds and irrigation ditches. electrical power for pumps and center pivot operations, high speed traffc, 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 aiso for [he protection of the farmer's livelihood (Department of Planning Services) 3 Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1 ) paper copy or one ( 1 ) electronic copy ( pd� of the plat for preliminary approval to Ihe 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 I 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- RESOLUTION COZ15-0002 M2 LANDCO LLC C/O ERIK HA�VERSON PAGE6 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 The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within one-hundred-twenty ( 120) days of approval by the Board of County Commissioners. Wth the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application Acceptable CAD formats are dwg. dxf, and dgn (Microstation) , acceptable GIS formats are shp (Shape Files) , Arclnfo Coverages and Arclnfo Export fles format type is e00 The preferred format for Images is tif (Group 4) (Group 6 is not acceptable) . 5 In accordance with Weld County Code Ordinance 2005-7 approved June 1 , 2005, should the plat not be recorded within the required one-hundred-twenty (120) days from the date the Board of County Commissioners resolution a $50A0 recording continuance charge shall added for each additional 3 month penod Motion seconded by Michael Wailes. VOTE For Passaae Aqainst Passaqe Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross The Chair declared the resolution passed and ordered that a certifed copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I , Kristine Ranslem , Rewrding 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 September 1 . 2015 Dated ihe 151 of September, 2015. Digitally signed by Kristine Ranslem .�'`��,(�yw ��� Date: 2015.09.03 13:41 :45 -06'00' Kristine Ranslem Secretary � ►,,t►N �GS 9 � � � �S SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. September 1 . 2015 A regular meeting of the Weld County Planning Commission was held in Ihe Weld County Administration Building. Hearing Room. 1150 O Street. Greeley. Colorado This meeting was called to order by Chair, Jordan Jemiola, at 12 30 pm Roll Call . PresenY Benjamin Hansford Bruce Sparrow, Gene Stille, Jordan Jemiola Joyce Smock Michael Wailes. Nick Berryman . Terry Cross AbsenVExcused Bruce Johnson Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Wayne Howard . Department of Planning Services — Engineering Division: Lauren LighL Department of Health : Bruce Barker, County Attorney and Kris Ranslem , Secretary Motion Approve the August 4 , 2015 Weld County Pfanning Commission minutes, Moved by Benjamin Hansford . Seconded by Michael Wailes Motion passed unanimously Bruce Johnson entered the meeting at 12 :41 pm CASE NUMBER. COZ15-0002 APPLICANT� M2 LANDCO LLC Cr0 ERIC HAWERSON PLANNER DIANA AUNGST REQUEST CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 13 ( INDUSTRIAL) 20NE DISTRICT LEGAL DESCRIPTION LOT B AMD REC EXEMPT RE-833, BEING PART E2NE4 SECTION 25, T6N, R67W & PART W2NW4 SECTION 3Q T6N. R66W OF THE 6'" P.M. , WELD COUNTY, COLORADO � LOCATION NORTH OF AND ADJACENT TO CR 64 5 AND EAST OF AND ADJACENT TO CR 2375 Diana Aungst, Planning Services. presented Case COZ15-0002. reading the recommendation and comments mto the record The Department of Planning Services recommends approval of this application with the attached conditions of approval Wayne Howard, Engineering, reported on the existing traffiq access and drainage conditions and the requirements on site. Lauren LighL Environmental Health, reviewed the public water and sandary sewer requirements. Staff had no concerns with this request John Tufte. Lamp, Rynearson and Associates. 4715 Innovation Drive. Fort Collins, stated that they are requesting to change the zone district from Agricultural to I-3 ( Industrial) It will be used for marketing purposes and the goal is to achieve similar zoning as the rest of the Great Western Industrial Park He added that this change of zone will make zoning consistent with adjacent industrial properties Commissioner Berryman asked if this property will be eventually annexed into the City of Greeley Jen Standford. Great Western Development Company, stated that they have had a discussion wdh the City of Greeley regarding annexation She indicated that Greeley was not prepared at this time to move forward with annexation; however she added that once a user is established they do anticipate annexation. ! The Chair asked if there was anyone in the audience who wished to speak for or against this application Tom LNmgston, 11820 CR 64 5 . expressed his concem regarding the danger of the curves in the area I He added that he has seen several accidents at these curves. He said that the developer should be responsible for paying their fair share of off-site improvements so that it doesn't become a public expense in the future He asked for consideration that any future development is worked out between the Count , Greeley and Windsor to ensure that the curves get straightened out EXHIBIT f � -voo Commissioner Sparrow clarified if he was opposed to ihe change of zone Mr Livingston said he is not opposed to the change of zone; however he emphasized concern regarding the safety of the road . Sandra Miller, 12242 CR 66. expressed concem regarding the location of the entrance to the facility as it is becoming a blind corner with Vestas placing their blades closer to that comer She concurred with Mr Livingston's concern with road safety She asked what is happening with the railroad as they seem to keep building. Mr Livingston said that BROE owns the land and added ihat it is a rail yard so cars can be stored there He further expressed concern about the increased traffic which adds to the danger of the curves. Mr. Tufte said that they have talked with Greeley regarding the realignment of County Roads 2375 and 64. 5 He added that they have talked in general terms because they don't have a user for the site yet. Mr. Tufte said that some of this property would be used as an offsite improvement Mr. Howard said that Mr Livingston is correct that these curves have been looked at by many different agencies and a plan will be prepared as development occurs. Commissioner Johnson said that it appears to him that Weld County has control today on the south curve going from County Road 2375 onto County Road 64 5 because this land is where the inside arc would be on flattening it out He suggested ihat a condition of approval be placed prior to ihe Site Plan Review that this curve gets dealt with . Commissioner Jemiola thinks that a lot of the traffic impacts can be addressed once a user has been established He said it is good to be aware of but added that since this is a change of zone we should focus on that let the traffic details be addressed when the applicant applies for that site The Chatr asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement. Commissioner Johnson suggested placing a condition to the straightening ihe curve from County Road 2375 to County Road 64.5 Commissioner Stille concurred with Mr Johnson He said that as a Planning Commission they have to ensure safety and added that these curves do need to be fixed Commissioner Hansford called point of order and added that this request is for a change of zone and not the roads Commissioner Cross said ihat staff will have to address this traffic issue and hopefully this issue will be addressed prior to the Board of County Commissioner hearmg. Bruce Barkec County Attorney said that when you are looking at requinng an off-site improvement for the purpose of safety you have to have a direct nexus between what you are requiring and the use that will be happening on that property In this instance, he is hearing that safety is a concern but ihat is not the evidence you have before you If it is a generally unsafe place and there is sufficient evidence to show that there are enough accidents there generally that is something that the County Commissioners need to take a look at overall but not specifically Ge it into this development Commissioner Johnson said he agrees with Mr Barker but still believes that the improvements can be done on Ihe south curve as it is in Weld County. Motion : Forward Case COZ15-0002 to the Board of County Commissioners along with ihe Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Benjamin Hansford , Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary : Yes = 9). Yes : Ben�amin Hansford. Bruce Johnson , Bruce Sparrow, Gene Stille. Jordan Jemiola. Joyce Smock, Michael Wades. Nick Berryman . Terry Cross Commissioner Johnson echoed his previous comment stating that now is the time to do improvements but is unsure how to proceed legally 2 Commissioner Berryman believes that there is a concern for safety on the curves and should be looked at in the future. Meeting adjoumed at 2 31 pm Respectfully submitted. Digitally signed by Kristine Ranslem �L ��y(�y,� Date: 2015.09.041421 :53 -06'00' Kristine Ranslem Secretary 3 ATTENDANCE RECORD PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip vvI S CO (6-2-1)O1 IA e `4 61'/ , e ,/ 0174 'i„n-t F771 i'1-cAQ,A1t/ L sii on , v.372 M yV-ltvvf rs ,ZC S!1k1 s by,r.IFy Scrnl { SA10D124 MJLL fize r;- --`1 , (IL fplc /&ke* 4_,l6, 3401 Qc a644 �y 1' Hello