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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
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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:
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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
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��. 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:
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w 1. That proper publication and public notice was provided
as required by law for the hearings before the Planning
Commission and the Board.
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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.
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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.
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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.
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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
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