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HomeMy WebLinkAboutR94-062 special use permit Rocky Mountain Natural Gas Cottonwood Pass to Abrams Creek\X 537370 B -641 P -322 05/26/94 03:18P PG 1 OF 3 Sara J. Fisher Eagle County Clerk & Rec( er RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 94 - _� APPROVAL OF SPECIAL USE PERMIT REC DOC 0.00 - ROCKY MOUNTAIN NATURAL GAS AND PUBLIC SERVICE COMPANY OF COLORADO COTTONWOOD PASS TO ABRAMS CREEK PIPELINE FILE NO: ZS- 343 -94 C h Z w w q a a U 2 0 F A w q x 0 U W a w x w h 0 z x a w a U WHEREAS, Rocky Mountain Natural Gas and Public Service Company of Colorado, (Applicant) did file an application with the Eagle County Department of Community Development on or about February 1, 1994, to construct, operate, and maintain a 12 -inch pipeline from Cottonwood Pass to Abrams Creek primarily within the Resource Zone District, in the unincorporated areas of Eagle as described in the 'application. WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle and Colorado Valley Planning Commission on April 6, 1994 and by the Eagle County Board of County Commissioners on April 19, 1994; and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners. 2. Pursuant to Section 2.09.04 of the Eagle County Land Use Regulations: a) The proposed use is compatible with other existing uses in the area if the staff recommendations are followed. b) After the pipeline is installed and the disturbed soil is revegetated, there is little potential for the proposed use to have a negative effect on the character of the neighborhood. C) Access to the project is adequate. -i C7 GJ 539461 B -643 P -415 06/21/94 01:23P PG 1 OF 12 Sara J. Fisher Eagle County Clerk & Recorder R 0. DOC 0.00 d) Adequacy of permanent water and sanitation services is not an issue as this project does not require these services. e) The physical arrangement of the proposed site alignment is appropriate. f) The proposal is consistent with the Eagle County Master Plan if the Staff recommendations are followed. . g) An Environmental Assessment has been prepared and a finding of no significant adverse impact to the environment would result from the proposed action and some benefits would be accrued as a result of improved natural gas service. 3. Pursuant to Section 2.07.07, Industrial and Commercial Performance Standards, Eagle County Land Use Regulations: a) To the extent applicable, the proposed use is in general conformance with these performance standards. 4. That for the above - stated and other reasons, the proposed 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 and Public Service Company of Colorado, File No. ZS- 343 -94, for a Special Use Permit to construct, operate, and maintain a 12 -inch pipeline from Cottonwood Pass to Abrams Creek primarily within the Resources Zone District and as described in the application, 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 County, State and Federal Regulations and permits. 2. The seed and mulch used in revegetation shall be certified weed free. 3. All construction staging areas shall be designed to contain incidental and accidental fuel and lubricant spills. ra 4. The applicant shall provide acceptable collateral for revegetation of private lands as described in the attached Reclamation Agreement, Exhibit A. THAT this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the Staff. THAT the Board of County Commissioners directs the Director of the Department of Community Development to provide a copy of this Resolution to the applicant. THAT the Board of County Commissioners 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 State of Colorado, at its meeting held of / April 1994day of 199, nunc Pro tunc to the 19th day COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS AT' m BY: ' ohnnette Phillips, Chair an aA�n d , George A. Gates, Commissioner E. John,{ , Commissione MD /X f2� , %%(�� seconded adoption of the foregoing r solution. The roll having been called, the vote was as follows: Commissioner George A. Gates D�] Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. / This'Resolution passed by a vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 Clerk to the Board of County Commissioners DEPT. ig-To 2