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HomeMy WebLinkAboutR82-001 Special Use Permit Rocky Mountain Airways. J RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 82- 1 A RESOLUTION- AMENDING AND READOPTIN4; SPECIAL USE PRRMIT -- No. ZS- 42 -77, AS AMENDED BY RESOLUTION DATED AUGUST 7, 1979, ENTITLED "CONTINGENCY PLAN ", RESOLUTION No. 80 -41, RESOLUTION No. 80 -63, AND RESOLUTION No. 80 -64, RESPECTIVELY - SCHEDULED FLIGHT HOURS AND MOTOR VEHICLE RENTAL OPERATIONS WHEREAS, the Board of County Commissioners, County of Eagle, Colorado, hereinafter referred to as the "Board ", did on January 3, 1978, approve the application of Rocky Mountain Airways, Inc., hereinafter referred to as "RMA ", for a Special Use Permit in File No. ZS -42 -77 to operate an airport, hereinafter referred to as the "Avon STOLport "; an d WHEREAS, the approval of the Loard relative to s::, :'d Special Use Permit was based upon the imposition of certain conditions prior to the commencement of the Special Use Permit- and of which were to remain ia full force and effect so long as operations were conducted under the Special Use Permit ox until such time as circumstances warranted -an amendment or change thereto; said conditions being set forth under the heading "Conclusion" of the Findings and Order of the Board dated January 3, 1978, which document constitutes the Special Use Permit and is hereby incorporated herein by this reference as fully as if the same was set forth at length herein; and WHEREAS, Condition Nos. 1 and 3, respectively, of the subject Special Use Permit prohibited the establishment or operation of any motor vehicle rental facilities or related activities at the Avon STOLport; and WHEREAS, Condition No. 10 of the subject Special Use Permit prohibited flights after 10:00 P.M. and before 7:00 A.M. ; and 0 WHEREAS, by letter dated November 6, 1981, RMA requested the following amendments to the foregoing conditions of the subject Special Use Permit: a. that limited motor vehicle rental activities or operations be allowed within the terminal building or on the Special Use Project Area; and b. that flights may be allowed to commence no earlier than 6:30 A.M. and be allowed to continue there- from until no later than 11:00 P.M.; and WHEREAS, the Board on December 30, 1981, did hold a public hearing to consider the aforesaid amendments to the subject Special Use Permit; and WHEREAS, public notice of the Board's hearing was duly published in the Eagle Valley Enterprise on November 25, 1981, and December 17, 1981, respectively; and WHEREAS, the Board having considered all of the testimony, regulations, guidelines, exhibits and other evidence presented at said public hearing and at the public hearings relative to the approval by the Board of RMA's Special Use Permit; DOTH FINDS AS FOLLOWS: 1. That the imposition of Condition Nos. 1 and 3, respectively, on the subject Special Use Permit was intended, among other things, to minimize safety hazards and to reduce traffic on Beaver Creek Boulevard by restricting the amount of activity at the Avon STOLport, particularly ground vehicle transportation. As a result thereof, motor vehicle rental operations and related activities serving the Avon STOLport -2- have located outside of the special use project area with the net effect of increased traffic on Beaver Creek Boulevard. Based upon the foregoing, and the fact that RMA presently has adequate terminal and parking facilities within the special use project area to accomodate limited motor vehicle rental operations, the Board finds, determines and declares that the allowance of a limited activity of this nature at the Avon STOLport would be in furtherance of the provisions of the Special Use Permit by possibly reducing the number of automobile trips presently required to and from the Avon STOLport in order to serve those members of the traveling public desiring motor vehicle rental services 2. Due to the mandatory flight restrictions placed on Stapleton International Airport, Denver, Colorado, bythe Federal Aviation Administration as a result of the strike initiated by the Professional' Air Traffic Controller Organi- zation, the Board further finds, determines and declares that such governmental action, being beyond the control of RMA, warrants a limited extension of previously approved scheduled operating hours of RMA flights to the Avon STOLport. Further- more, such a limited extension of scheduled operating hours would not adversely impact Eagle County or the surrounding communities to the Avon STOLport, and would be in the best interest of the traveling public by maintaining present levels of airline service or additional airline service as may be required. 3. The Board further finds, determines and declares that the landowner of the special use project area, Nottingham Ranch Company, has consented to the proposed amendments as set forth herein. -3- NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, Colorado: THAT, the Special Use Permit granted to RMA in File No. ZS- 42 -77, for the purpose of operating an airport, Avon STOLport, as amended by Resolution dated August 7, 1979, ' entitled "Contingency Plan ", Resolution No. 80-41, Resolution No. 80 -63, and Resolution No. 80 -64, respectively, is hereby amended by the modification of condition Nos. 1 and 3, respectively, of the Special Use Permit to allow the establish- ment and operation of motor vehicle rental facilities and activities within the terminal building or on the special use project area, with the restriction that no more than a total of twenty (20) parking spaces therein be allotted to such motor vehicle rental agencies at any one given time. THAT, the foregoing amendment shall be valid and in effect for a period commencing on the effective date of this Resolution and terminating on or before December 31, 1982. THAT, during the period in which the foregoing amendment is in effect, the Board or its designated representatives shall .b have the right to monitor such motor vehicle rental facilities and activities to determine the negative impacts, if any, resulting therefrom. THAT, the Special Use Permit granted to Rocky Mountain Airways, Inc., in File No. ZS- 42 -77, for the purpose of operating an airport, Avon STOLport, as amended by Resolution dated August 7, 1979, entitled "Contingency Plan ", Resolution No. 80 -41, Resolution No. 80 -63, and Resolution No. 80 -64, respectively, is hereby further amended by the modification of Condition No. 10 of the Special Use Permit to allow scheduled flights to and from the Avon STOLport after 10:00 P.M., but no later than 11:00 P.M., and before 7:00 A.M., ME but no earlier than 6:30 A.M. In addition to the foregoing, in the event a scheduled flight is delayed, RMA shall be allowed a thirty (30) minute grace period, or no later than 11:30 P.M., to complete such scheduled flight. THAT, the foregoing amendment shall only be applicable - to thr DHC- 7-aircraft, which is th-E-airczaft provi -ding the- least impact for noise and air pollutants for service to the Avon STOLport, and no other type of aircraft authorized to use the Avon STOLport shall be allowed to take -off or land at said airport after 10:00 P.M. and before 7:00 A.M. THAT, the Board shall hold another public hearing on or before May 1, 1982, to review the foregoing amendment in conjunction with the actions, if any, which have subsequently been taken by the Federal Aviation Administration and, based thereon, to determine whether said amendment should remain in effect. THAT, the entirety of Special Use Permit No. ZS -42 -77 as amended by Resolution dated August 7, 1979, entitled "Contingency Plan ", Resolution No. 80 -41, Resolution No. 80 -63, and Resolution No. 80 -64, respectively, and as herein amended, is hereby readopted. THAT, this amendment and readoption of Special Use Permit No. ZS -42 -77 shall not constitute or be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, should any section, clause, provision, sentence, or word of this Resolution be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. -5- r � THAT, this Resolution is necessary for the health, welfare and safety of the citizens of Eagle County. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, Colorado at its regular meeting held the day of January, 1982, non pro tunc�December 30, 1981. ATTEST: By:_ f oerk o the r of unty Commissioners M COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: 4k6tt�,. 'y Da e F. Grant - Chairman Z. A Dan Wi iams - Commissioner Keith Troxel- Cormfiissioner