HomeMy WebLinkAbout1.0 PC Staff Memo and Exhibits 11.18.2020Text Amendments to Land Use and Development Code — Exhibits
Planning Commission Public Hearing
November 18, 2020
Exhibit
Number
Exhibit Description
1
Staff Memorandum with Proposed Text Amendments
2
Proof of Publishing
3
Land Use and Development Code of 2013, as amended
4
Garfield County Comprehensive Plan
EXHIBIT
I
Garfield County
Memorandum
DATE: November 18, 2020
TO: Garfield County Planning Commission
FROM: Sheryl Bower, AICP, Community Development Director
Patrick Waller, AICP, Senior Planner
Subject: Text Amendment Package
Background & Request
The proposed Text Amendments are the result of Staff work on the targeted changes that
was previously presented to the Planning Commission as part of a Work Session. Staff
anticipates that these proposed changes will provide surety and clarity to both members
of the public and Community Development Staff.
Changes are identified in red and/or highlighted.
Sketch Plan — Section 5-302(B)
Sketch Plan review is an optional non -binding process in the Land Use Code that an
applicant for a Major Subdivision or Conservation Subdivision may choose to apply for.
Early identification of key issues through this optional process has the potential to improve
application processing and reduce processing time and expenses. Currently the Land
Use Code requires that Sketch Plan is reviewed by the Planning Commission and not the
Board of County Commissioners. Since the BOCC will make the final determination on
these applications, the Board should be included in the conceptual review.
Additionally, the current Sketch Plan does not require that the applicant notice the public
meeting regarding the application. Staff recommends that Mailed Notice is required. This
will notify neighbors of the application earlier and increase the potential for public input.
1
Increased public notice earlier in the process will also benefit the applicant as they may
choose to address issues identified by the public in a future application.
Staff proposes the following changes to the LUDC:
Common Review Procedures 4-101. A
BOCC Board of County Commissioners
❑ Director
PC Planning Commission
Exemplions
5-202
5-203
5-203
5-204
Public/County Road Spilt
Rural Land Development
(10 Lots or Fewer)
Rural Land Development (Grazier J
than 10 Lois)
Basic Comecon Exemption
honor SubdhMalon
Minor Subdivision
Maur Subdlvfnlon
5-302.B. Sketch Plan (Optional)
5-302.C. Preliminary Plan
5-302 D. Final Plant Plat
Conservation Suhdviokn
Sketch Plan (Optional)
Table 5-103: Common Review Procedures and Required Notice
BC DE F G H I
B. Sketch Plan Review.
PC
D
BOCC
BOCC
BOCC
BOCC
BOCC J +
BOCC J J
BOCC
Required Notice
1
1
Additional Requlremenla
Pot Rdminieirative Review Section 4-103
Al types oloodce for both PC and BOCC
15 day Mailed Nonce Tor both PC and BOW
Al types of notice for both PC and BOCC.
15 day Mailed Npr(co for bolt) PC and BOCC
1. Overview. The Sketch Plan Review is an optional process intended to provide for
a conceptual review by the Board of County Commissioners regarding the
feasibility and design characteristics of the proposed division of land.
2. Review Process. A Sketch Plan shall be processed according to Table 5-103 with
the following modifications:
a. The Board of County Commissioners shall conduct a conceptual review of
the proposal. The Board of County Commissioners comments and
recommendations are not binding and no formal motion from the Board is
needed to conclude the Sketch Plan process.
b. In addition to conceptual review by the Board of County Commissioners the
applicant also has the option of a conceptual review of the proposal by the
Planning Commission. The Planning Commission's comments and
recommendations are not binding and no formal motion from the
Commission is needed to conclude the Sketch Plan process.
2
c. The BireetoskaaU-p-rov-ide-the Applicant -with writ Teti of -the Planning
Gonafoal&sieri--s-Conceptual Re -view commerltc aridFeoommenriaiiens wifhin
10 days of the date oft e
3. Review Criteria. In considering a Sketch Plan proposal, the following shall be
considered:
a. Feasibility and design characteristics based upon compliance with the
applicable standards; and
b. General conformance with the Comprehensive Plan.
Deviation from Dimensional Standards — Article 3 and 4
Staff recommends the addition of a Section in Article 4, allowing the Director to approve
up to a 20% reduction in dimensional standards, based on the proposed projects ability
to meet criteria, including difficulties inherent in the site, community character,
avoidance of natural features, improved site design, etc.
This allows limited flexibility for minor deviations from dimensional standards, without
requiring a hardship be proven for a variance and a public hearing in front of the Board of
Adjustment. Proposed updates are as follows:
Table 4-201: Application Submittal Requirements
Section 4-203. B C DE FGH I J K LMNO
4-119 •Accommodation, Federal Fair
Housing Act
4-120
Deviation from Dimensional
Standards
R. .
Written Narrative!
Additional Submissions
Additional submittal items Ea be determined by Director
Table 4-102. Common Review Procedures and Required, Notice
Section 4-101- A BC DE F G H I
Alpplkahla Revlcw PrmCe4Jrt o e
I O
f31- Barad el ,hdJutlmetkt •
a, c oe n v o a 3
g Q a m w w e
eOCC Bawd of County Commissioners z E E - � o �
0 Director
c�
rc a
PC Planning Commission
•gored Notice
4.120
DavieUon from r', nsioaal
Standards
00001:10 • ■■■E M
Additional
Req eramoals
gaowrvmant or Nalice ort ea aerermined by vie
Commie?" Deveb inert Okada,
3
4-120 Deviation from Dimensional Standards
A. Overview
An applicant is able to request a Deviation of up to 20% of the Dimensional
Standards of this Code as outlined in Section 3-201.
B. Review Process
Applications for a Dimensional Waiver shall be processed according to Table 4-
102 Common Review Procedures and Required Notice with the following
modifications.
1. Notice shall only be required if the Director determines that the proposed waiver
has the potential for a negative impact on surrounding property owners. This
determination shall be made at the time of the issuance of the Pre -Application
Conference Summary.
a. If Notice is required, the applicant shall provide mailed notice via certified
letter to adjacent property owners.
2. The application may either be approved, approved with conditions, or denied.
3. The Director's Decision may be called -up to the Board of County
Commissioners pursuant to section 4-112 of the Land Use and Development
Code.
C. Review Criteria: The Community Development Director shall consider the following
criteria to determine whether a deviation request shall be approved.
1. The situation giving rise to the need for deviation is preexisting nonconforming
and/or was created by the original plat or by the street location; the existence
of the situation creates practical difficulties for development.
2. There are existing trees or other natural areas that will be damaged or
destroyed in order to meet the standards.
3. There are preexisting, unique physical characteristics of the development site
that create practical difficulties for development.
4. The deviation will allow for a more energy -efficient project design.
5. The deviation allows the development to better incorporate existing buildings,
trees, topographic features, or other existing elements.
6. If granted the deviation is consistent with the character of the surrounding
area.
7. The deviation does not have a significant negative impact on surrounding
properties.
4
Industrial Use Standards in Section 7-1001
Setbacks
The Land Use and Development Code includes a variety of uses that are required to meet
the Industrial Use Standards. This includes the requirement that all activity is a minimum
of 100 feet from an adjacent residential property. However, the impact from an industrial
use can be limited by locating the use entirely within a structure. Staff has provided
updated language that makes this differentiation clear. Changes are outlined in red.
Proposed Language
A. Setbacks
All activity associated with these uses shall be a minimum of 100 feet from an
adjacent residential property line, unless the use is on an industrially zoned
property, or located within a building. At a minimum, required setbacks as identified
in Table 3-201 shall apply.
D. Storing
1. Materials shall be stored on the property in a form or manner that will not
be transferred off the property by any reasonably foreseeable natural
cause or force.
2. All products shall be stored in compliance with all national, State, and
local codes.
3. Shall be a minimum of 100 feet from an adjacent property line or located
entirely within a building.
4. Petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
Agritourism - Article 3, and 15 (Definitions)
The ability for agricultural properties and ranches to include support activities and
commercial ventures in their allowable uses is a significant benefit to maintaining the
County's agricultural heritage. The current Land Use Code does not specifically identify
Agri -Tourism as a use and as a result, these types of uses often fall into a gray area of
not being specifically approved in the Code. Defining the term allows many uses that are
already ongoing to be specifically addressed. This includes items such as guided
horseback riding, guided outfitter activities, classes, field trips, u-pick operations, and
other related activities.
5
Staff suggests that the Land Use and Development Code is amended to allow Agritourism
as a use by -right in all zone districts where agriculture is permitted. The definition is meant
to be broad, as it allows for a variety of uses, and not overly restrictive. If a question
comes up regarding whether or not a use falls within the definition, an applicant is able to
request a formal determination from the Director and may appeal that decision to the
Board of County Commissioners. The use table would be updated as follows:
Table 3-403: Use Table
/P/By Right /A/ Administrative Review I/ Limited Impact Review /M/ Major Impact Review tat Exempt from County Review and Standards
Use Category Use Type
Residential
Distncts
Nonresidential Resource Land
Distracts Zone Districts
•
RM RL Ri, RL RL
R PS RU CL CG I PL
HP P E TS GS
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards,
AGRICULTURAL AND ANIMAL -RELATED USES
Agriculture
Agritourism
P
•
P
P P P
•
P P P
EXEMPT
EXEMPT
Staff proposes that Agritourism is defined as follows:
An agriculturally based operation or activity at a working farm or ranch, conducted
for the enjoyment, education, or active involvement of visitors that adds to
economic viability of the agricultural operation. Agritourism activities are accessory
to, and directly supportive of the agricultural use on the property and shall not have
significant impacts on the agricultural viability or rural character of neighboring
properties. Agritourism uses shall operate between dawn and dusk and shall be
limited to a maximum of 30 people visiting the property.
Wineries, Breweries, Cideries, Distilleries — Article 3 & Article 15
Garfield County's Land Use Code does not identify Breweries, Wineries, Cideries, or
Distilleries as a use. This is an industry that has been growing and should be included in
the Code. Staff proposes the following definition and review level.
z rewery/Winery/Cidery/Distillery — a facility for brewing, packaging, and distribution of
beer, mead, wine, cider, spirit and/or similar beverages.
Table 3-403: Use Table
/P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review l•I Exempt from County Review and Standards
Use Category Use Type
Brewery, Winery, Cldery, Distillery
Residential Nonresidential
Districts Districts
.- - v,„,:.'iiiiiil 1", , iiii ,
''0L_-
............
Resource Land
Zone Districts
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
6
Agricultural Products On -site and Off -Site Related to Agritourism - Article 15
The processing and sale of agricultural products on the same property as the products
are grown are considered a use by -right. However, the Land Use Code does not define
how much of a product is required to be grown on site. Staff suggests that at a minimum
20% of the produce that is sold or processed should be grown on site. Additionally, Staff
proposes a clarifying change to the definition for off -site sale and processing.
Agricultural Products, Processing, Storage, Distribution, and Sale at Point of
Production.
Establishment performing a variety of operations on crops after harvest and livestock after
slaughter, to prepare them for market or further processing and packaging or selling on
site and off. At a minimum, 20% of the product that is processed, stored, distributed,
and/or sold must be produced onsite.
Agricultural Products, Processing, Storage, Distribution, and Sale Off -Site.
Centralized establishments performing a variety of operations on crops after harvest and
livestock after slaughter, to prepare them for market or further processing and packaging
at-a-dista «the-agi icuftural- are. These facilities accept products from off -site
locations for processing.
Condominium Regulations - Section 5-306 (Common Interest Community Subdivisions)
The current Land Use Code allows for the development of multi -unit buildings but may
restrict a possible condominium application based on minimum lot size requirements. For
example, with the current Code, a property owner could get approval for a triplex on 2-
acres in the Rural zone district, however they would not be able to go through the
condominium process because of the restriction in Section 1.a. Staff is proposing a
change that would eliminate the requirement that the total number of units on a property
needs to have the corresponding number of acreage.
Additionally, Staff is proposing adding language that allows for an applicant to
demonstrate that the proposed parcel meets Article 7, Division 1, 2, and 3 requirements.
A. Review Criteria.
An application for a Common Interest Community Subdivision shall meet the following
criteria:
1. The Common Interest Community is consistent with zone district
regulations, including:
The total-dommon-ar-ea-and-iRcl viduaI lot area of the whole projeeet
divided by tk total number of Euni eetc thv-FW+rrm-um-L-et-gize
7
re r-ements of the zone-GI4stFict
b. A project within a PUD complies with the zoning outlined in the PUD
designations.
2. If applicable, the Condominium, townhouse, or other Common Interest
Community declaration and bylaws make adequate provision for the
maintenance of common area elements.
3. An improvements agreement has been signed and submitted by the
Applicant, and an adequate financial guarantee for improvements has been
posted or will be posted prior to approval.
4. The lot in which the Common Interest Community is located was approved
and platted as part of a Subdivision that meets the requirements of this
Code or that meets the requirements in Article 7, Division 1, 2, and 3.
5. Adequate easements for water, sewer, utilities, and access have been
provided.
6. If applicable, an acceptable party wall agreement has been recorded.
7. Common Interest Community Plat meets the requirements per section 5-
402.F., Final Plat, and adequately shows the location and dimensions of
the vertical boundaries of each unit; the horizontal boundaries, if included;
and the identifying number of each unit, along with the location and
dimension of common elements and limited common elements, all as
defined in the declaration.
8. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
Affordable Housing Regulations — Article 8 (Inclusionary Zoning for Housing)
Current Affordable Housing Regulations are only applicable when a residential
Subdivision proposes 15 or more lots. Units are not mentioned in the trigger for the
affordable housing regulations. Based on the current text, a project could provide a
substantial number of "units" and not be required to offer any affordable housing. This
creates a bias towards the development of apartments over a more traditional
Subdivision.
Staff recommends the following changes to the Land Use Code to address the issue:
8
Section 4-203.
B C
Table 4-201: Application
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Additional Submissions
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4-103
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Demonstration of Compliance with Section 7-107.
4-104
(Limited Impact Review
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Demonstration of Compliance with Section 7-107.
4-105
IMajor Impact Review
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Demonstration of Compliance with Section 7-107.
4-106
Amendment to an Approved LUCP
v ■,Ell
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Amendment Description, subject to Minor or Substantial
Modification determination . , section 4-106.
4-107
IMinor Temporary Housing Facility
v -
v 00000001113v..
See Section 4-301 for additional submittal requirements.
4-108
Vacation of a County Road or
(Public ROW
v
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See Section 4-302 for additional submittal requirements.
4 109
'Development in 100-Year
v v
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4-110
'Develop.100-Year Floodplain
'Variance
v
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Statement of request and response to standards_
4-111
Location and Extent Review
0■
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Demonstration of general conformance with the Comp. Plan
and co -. : nce with an a • .licable IGAs.
4-112
Call -Up to the BOCC
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Application materials as determined by Director.
MEM Rezonin.
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Legal description of • • . =rty-
4-114 Code Text Amendment
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11
Written description of amendinent and justification.
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4-116 .Administrative Interpretation
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Statement of request and response to standards.
®Administrative interpretation
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Waiver of Standards
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Submitted with cornpartfart application a determined by
.............
IA dove opment agreement will be required for any project for which the Applicant is requesting a vested rights
period longer than 3 years.
An Improvements agreement may be required for any project for which public improvements are necessary.
'if required - pursuant to Artlde 8
Section 8-102. Applicability.
These requirements apply to all residential Subdivisions and applications for Land Use
Change Permits proposing 15 or more Tots, units, or a combination of lots and units
located within Area 1, shown in Figure 8-1.
Section 8-201. Application Submittal Requirements.
The Applicant shall submit the following materials for a Subdivision or a Land Use Change
Permit that requires Affordable Housing.
Section 8-202 Review and Approval Procedures
The Affordable Housing Plan shall be reviewed by the Director and the GCHA or other
AAHE. The Affordable Housing Plan approved at Preliminary Plan or as part of the Land
Use Change Permit shall become the "Affordable Housing Agreement" between the
County, the Applicant, and the GCHA or other AAHE, which agreement will be adopted
and recorded in conjunction with a Final Plat or Land Use Change Permit approval by the
BOCC.
9
Section 8-301 A. Number of Units Required
In a Subdivision project required to provide Affordable Housing, 10% of the lots or units
proposed in the development shall be developed with Affordable Housing Units. In
computing this requirement, any fraction of a unit and/or lot above .50 will be rounded up
and any fraction of a unit lot .49 or less will be rounded down.
Small Camping Facilities — Article 3, 7, and 15
With the current Land Use and Development Code, all campgrounds are required to go
through a Major Impact review. There are significant differences in impact, utility
requirements, and traffic between a large Campground/RV Park with dozens of potential
sites and much smaller facilities. Staff recommends differentiating the two uses with a
new use category, a Small Camping Facility, defined as follows:
Small Camping Facility — A facility that allows for up to six total tent pads and/or
recreational vehicle spaces on a temporary basis.
The proposed use would be subject to an Administrative Review and would be required
to meet all standards within Article 7, Divisions 1, 2, and 3 of the Land Use and
Development Code. Staff also recommends that Small Camping Facilities are subject to
additional use standards as identified below.
Table 3-403: Use Table
/P/By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review 1.1 Exempt From County Review and Standards
Use Category
Use Type
Small Camping Faciliiv
Lodging Facilities
Residential Nonresidential Resource Land
Districts Districts Zone Districts
111111111111111
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
7-906 Small Camping Facility
A. Setbacks
1. All Small Camping Facilities and associated activities must be located at a
minimum of 200' from the nearest property line.
2. The application shall comply with Waterbody Setbacks as detailed in Section
7-203
B. Recreational Vehicles
10
Two passenger vehicles shall be permitted per tent pad site.
C. Recreational Vehicles
One Recreational Vehicle is permitted per Recreational Vehicle space.
Solar Regulations — Article 15 (Definitions)
Recently, a number of solar projects associated with single-family residences have
triggered an Administrative Land Use Change Permit. While this is the lowest level of
Planning review, the application process includes notice to neighbors and a number of
submittal requirements.
To ensure that solar facilities associated with single-family residences are not caught up
in Land Use Change Permit reviews, Staff recommends that the threshold for Accessory
Solar is increased from 15kw to 25kw. To give the Commission an idea of the scale of
such an Accessory facility, a recent application for a 21kw solar facility required 1,100
square feet of solar panels.
Article 15 Definitions
Solar Energy System, Accessory. A device and/or system that has a combined name
plate DC rating of less than -1-5 25 kilowatt and includes the equivalent kilowatt
measurement of energy for systems other than photovoltaic that converts the sun's
radiant energy into thermal, chemical, mechanical, or electric energy.
Solar Energy System, Small. A device and/or system that has a combined name plate
DC rating of kilowatt to 500 kilowatt and includes the equivalent kilowatt
measurement of energy for systems other that photovoltaic that converts the sun's radiant
energy into thermal, chemical, mechanical, or electrical energy.
Grading Regulations — Article 3, 7 and 15
Staff has identified a potential issue where large-scale grading projects are being
completed that have the potential to significantly impact neighboring property owners.
Currently, no other approval is needed besides a Major Grading Permit from the Building
Department. In some instances, the grading continues for multiple years, is being
completed in anticipation of a project that may ultimately require approval of the Board of
County Commissioners, or the grading itself is operating as a business.
Large scale grading activities have the potential for significant impacts on adjacent
property owners via traffic, noise, and dust without any notice being provided to adjacent
owners. Staff is recommending that these large-scale grading projects be processed as
an Administrative Land Use Change Permit.
11
The scale of the activity is taken from the Grading Permit application already in place for
the County.
Large Grading Activity. Excavation, filling, or combination thereof that exceeds 5000
cubic yards of fill material, exceeds 20,000 square feet of disturbance, or will be occurring
for more than one year. Grading directly associated with an approved Land Use Change
Permit, Subdivision, Building Permit, or that is associated with an Agricultural Use is
exempt. A Major Grading Permit may still be required for uses that are exempt.
Table 3-403: Use Table
/P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review 1.1 Exempt from County Review and Standards
Residential Nonresidential Resource Land Unless exempted, all
Districts Districts Zone Districts uses must comply with
Use Category Use Type Article 1 Standards
R RS RU B CL CG l PL pL EL RL RL including Use.speclric
TS Standards.
Service
IMaterial Handling
L
L L
•
A
A
A
A
7-1001
Large Grading Activity
A
A
A
A
A
A A
•
A
A
A
A
7-1001, 7-10081
7-1008 Large Grading Activity
A. Grading Permit
In addition to required Land Use Change Permit submittals, the applicant shall
address all requirements identified in Garfield County's Grading Permit.
LUDC Criteria for a Text Amendment
Section 4-114 of the Land Use and Development Code outlines the procedures and
criteria for consideration of a Land Use Code Text Amendment request to the LUDC. The
criteria for approval of a Land Use Code Text Amendment are as follows:
a. The proposed text amendment is in compliance with any applicable
intergovernmental agreements.
b. The proposed text amendment does not conflict with State law.
Staff asserts that both of these criteria have been met.
Planning Commission Recommendation
Staff requests that the Planning Commission recommend approval of the Text
Amendment package to the Board of County Commissioners subject to the following
findings:
1. That proper public notice was provided as required for the hearing before the
Planning Commission.
12
2. The hearing before the Planning Commission was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties
were heard at the meeting.
3. The Code Text Amendments are in compliance with the criteria for approval
established in Section 4-114 of the Land Use and Development Code
4. The Code Text Amendments are in compliance with the Garfield County
Comprehensive Plan.
5. That for the above stated and other reasons the proposed Code Text Amendments
are in the best interest of the health, safety, convenience, order, prosperity, and
welfare of the citizens of Garfield County.
13
Ad #: 0000631844-01
Customer: GARFIELD CO COMMUNITY DEVELOPEME
Your account number is: 10013533
PROOF OF PUBLICATION
RIFLE CITIZEN TELEGRAM
STATE OF COLORADO
COUNTY OF GARFIELD
I, Samantha Johnston, do solemnly swear that I am
Associate General Manager of the RIFLE CITIZEN
TELEGRAM, that the same weekly newspaper printed, in
whole or in part and published in the County of Garfield,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said County of Garfield for a period of
more than fifty-two consecutive weeks next prior to the
first publication of the annexed legal notice or
advertisement; that said newspaper has been admitted to
the United States mails as a periodical under the
provisions of the Act of March 3, 1879, or any
amendments thereof, and that said newspaper is a weekly
newspaper duly qualified for publishing legal notices and
advertisements within the meaning of the laws of the State
4tiPgaaRrlexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 10/29/2020 and that the last
publication of said notice was dated 10/29/2020 in the
issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
11/3/2020.
Samantha Johnston, Associate General Manager
Subscribed and sworn to before me, a notary public in and
for the County of Garfield, State of Colorado this day
11/3/2020.
Jeri Medina, Notary Public
My Commission Expires: August 19, 2024
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Published in the Citizen Telegram on October 29.
2020 0000631844