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HomeMy WebLinkAboutR92-073 special user permit for Rocky Mountain Natural GasCommissioner w-� moved adoption of the following Resolution: HOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - 13 C9 APPROVAL OF SPECIAL USE PERMIT ^ti Rocky Mountain Natural Gas Ur�J FILE NO. ZS- 313 -91 W WHEREAS, Rocky Mountain Natural Gas Co., ( "Applicant ") did file an application with the Eagle County Department of Community M G Development on or about August 1, 1991, for a Special Use Permit to construct a natural gas pipeline within Resource and Rural Residential Zone Districts, in the unincorporated area of Eagle --+� County described as follows: v� 4 Situated in Tracts 41, 42, 43, 44, 47, 53, 54, 55, 57, 58, 60 & 61, T.8 S., R.87 W., of tia the 6th P.M. and Ln ��. WHEREAS, based on the evidence testimony, exhibits, study �+? of the Master Plan for the unincorporated areas of Eagle County, IN O comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of M the Planning Commission, and comments from all interested par- ties, the Board of County Commissioners of the County of Eagle, oLu State of Colorado ( "the Board "), finds as follows: Ln rn w 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. in x L w 2. That the proposed special use conforms to the require - � ments of Section 2.09 of the Eagle County Land Use w Regulations, which are incorporated herein as if set z forth with particularity. r� x 3. That the proposed special use will be compatible with existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriate- ness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. C (. 5. That for the above- stated and other reasons, the pro- posed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of Rocky Mountain Natural Gas Co., File No. ZS- 313 -91, for approval of a Special Use Permit for construc- tion of a natural gas pipeline within the Resource and Rural Residential Zone Districts described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. The Applicant shall construct and operate the pipeline in accordance with all applicable State and Federal Regulations. 2. The Applicant shall apply for and receive a Floodplain Development Permit from the Eagle County Engineering Department prior to construction within the floodplain. 3. The Applicant will have valid easements covering the entire length of the pipeline within Eagle County. 4. The Applicant shall restrict the disturbed area falling within 50 feet of the south side of the Roaring Fork River, to a width of no more than 25 feet. 5. The Applicant shall begin revegetation of the disturbed riparian vegetation immediately after the installation of the pipeline. 6. All seed and mulch used in revegetation shall be certi- fied weed free. 7. The Applicant will be responsible for the revegetation of all disturbed areas or for reaching agreement with the individual landowners to revegetate the disturbed area on their property. 8. Construction of the pipeline across the Roaring Fork River shall take place during low water flows. 9. The Applicant will apply for and receive road cut permits form the Eagle County Road and Bridge Depart- ment for any excavations within County rights -of -way. E5 P 10. All material representations made by the Applicant in application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, StatA of Colorado, at its regular meeting �Lo. the day of 1992. COUNTY OF EAGLE, STATE OF +c COLORADO, by and Through Its BOARD_,OF -- .BOUNTY COMMISSIONERS By: lerk to the Board By: ;Gu=afson County Commissioners eor A. Gates, Commissioner Donald H. Welch, Commissioner Commissioner A -r seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates rg Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by Q A) ,4/) M b a,5 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. ZS 313 - 91 -3-