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HomeMy WebLinkAbout3.0 Resolution 2016-30Reception#' 876178 04/19(2016 02:54:26 PM Jean Rlberioo 1 of 3 Reo Fee -$D L:LJ Doc Fea 0 DO GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 4th day of April A.D. 2016, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO.1112 A RESOLUTION APPROVING AN EXTENSION OF TIME TO MEET CONDITIONS OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A WATER IMPOUNDMENT FACILITY ON AN 880 ACRE PROPERTY LOCATED APPROXIMATELY 10 MILES NORTHWEST OF PARACHUTE IN SECTION 32, TOWNSHIP 5 SOUTH, RANGE 96 WEST OF THE 6TH P.M., GARFIELD COUNTY, KNOWN AS THE LINN OPERATING LLC HOUSE LOG GULCH TANK FARM PARCEL NO. 2135-321-00-009 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) has received a request for an extension of time to meet conditions of approval for a Land Use Change Permit — Limited Impact Review for a Water Impoundment submitted by Linn Operating LLC, knowns as the Linn Operating LLC House Log Gulch Tank Farm (File No. LIPA-7934). B. The Application was conditionally approved by Resolution No. 2014-55. It is Iocated on approximately 11.77 acres within an overall 880 acre parcel of land owned by Linn Operating LLC in conjunction with Berry Petroleum, Marathon Oil Company, PGR Partners LLC and Wapiti Oil and Gas LLC. Ownership of this property is described in Special Warranty Deeds found at Reception Numbers 743398, 711206, 711207, 775544, and 794565 in the records of the Garfield County Clerk and Recorder. 1 3 Receptiontt: 876128 04/19/2016 02:54:26 PM Jean Alberico 2 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO C. The one year time period to satisfy conditions of approval has expired. In accordance with the provisions of the Land Use and Development Code Section 4.101.1.4, the Applicant has requested from the Board the extension of an expired approval. D. in accordance with the Land Use and Development Code as amended, the Board is authorized to grant extension of time to complete conditions of approval for an otherwise expired approval upon a finding by the board that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. The Applicant has included in their request a description of extenuating circumstances. F. At a public meeting held on April 4, 2016 the Board considered the question of whether to grant an extension to satisfy conditions of approval, at which meeting the public and interested person were given the opportunity to express their opinions regarding the issuance of said extension. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The approval for the Linn Operating LLC House Log Gulch Tank Farm is hereby extended for 30 days to May 4, 2016. C. All findings and conditions of approval contained in Resolution No. 2014-55 shall remain in effect. D. The failure to file for an extension was due to extenuating circumstances and the requested extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. Dated this 1 6*' day of ATTEST: GARFIELD COMMIS SI COUNTY, , A.D. 20 (co UN' BOARD OF NERS, G • RFIELD OLORAD erk of the Board Chair 2 1III %11 %7W'1 ,6IAlilr11,IiinF 4: 1'ahailiVi r 11111 Reception#: 876128 04/19/2016 02:54:26 PN Jean Alberico 3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TOM JANKOVSKY , Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 3