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HomeMy WebLinkAboutR82-034 Special Use Permit for Rocky Mountain Airways - Scheduled Flight HoursRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82 - 1 A RESOLUTION AMENDING AND READOPTING 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, RESOLUTION No. 80 -64, RES- OLUTION No. 82 -1 and RESOLUTION No. 82 -15, RESPECTIVELY - SCHEDULED FLIGHT HOURS. 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 "; and WHEREAS, the approval of the Board relative to said 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 in full force and effect so long as operations were conducted under the Special Use Permit or 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 No. 10 of the Special Use Permit prohibited flights after 10:00 P.M. and before 7:00 A.M.; and WHEREAS, the Board pursuant to Resolutions No. 82 -1 and No. 82 -15, respectively, did on January 11, 1982, amend condition No. 10 of the subject Special Use Permit to allow scheduled flights to and from the Avon STOLport after 10:00 P.M., but not later than 11:00 P.M., and before 7:00 A.M., but no earlier than 6:00 A.M.; and in addition, to allow a thirty (30) minute grace period, or no later than 11:30 P.M., to complete a scheduled flight which had been delayed; and WHEREAS, the Board on May 26, 1982 did hold a public hearing to review the aforesaid amendment and to determine whether the same should remain in effect; and e RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82 - 1 A RESOLUTION AMENDING AND READOPTING 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, RESOLUTION No. 80 -64, RES- OLUTION No. 82 -1 and RESOLUTION No. 82 -15, RESPECTIVELY - SCHEDULED FLIGHT HOURS. 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 "; and WHEREAS, the approval of the Board relative to said 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 in full force and effect so long as operations were conducted under the Special Use Permit or 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 No. 10 of the Special Use Permit prohibited flights after 10:00 P.M. and before 7:00 A.M.; and WHEREAS, the Board pursuant to Resolutions No. 82 -1 and No. 82 -15, respectively, did on January 11, 1982, amend condition No. 10 of the subject Special Use Permit to allow scheduled flights to and from the Avon STOLport after 10:00 P.M., but not later than 11:00 P.M., and before 7:00 A.M., but no earlier than 6:00 A.M.; and in addition, to allow a thirty (30) minute grace period, or no later than 11:30 P.M., to complete a scheduled flight which had been delayed; and WHEREAS, the Board on May 26, 1982 did hold a public hearing to review the aforesaid amendment and to determine whether the same should remain in effect; and WHEREAS, public notice of the Board's hearing was duly published in the Eagle Valley Enterprise; and WHEREAS, the Board having considered all of the testimony, re- gulations, 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. Pursuant to RMA's letter dated April 16, 1982, to the Board, the Board finds, determines and declares that the mandatory flight restrictions placed on Stapleton International Airport, Denver, Colorado, by the Federal Aviation Administration have not been relaxed but have become more restrictive. 2. The Board further finds, determines and declares such govern- mental action, being beyond the control of RMA, warrants a further extension of previously approved scheduled operating hours of RMA flights to the Avon STOLport; and that such 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. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, Colorado; THAT, the amendment of Condition No. 10 of the Special Use Permit as set forth in Resolution No. 82 -1 and Resolution No. 82 -15, respectively, be and is hereby extended, and shall remain in effect for a period of one year from the effective date of this Resolution. THAT, the Board shall hold another public hearing on or before May 26, 1983, to review the foregoing amendment in conjunction with the actions, if any, which have been subsequently taken by the Federal Aviation Admin- istration 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, Resolution No. 80 -64, Resolution No. 82 -1, and Resolution No. 82 -15, 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 in- valid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the parts so declared to be invalid. For this purpose, this Resolution is declared to be severable. 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 June, 1982, non pro tunc May 26, 1982. ATTEST: b�, Jerk of the B d of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS 4 �/ -1 r ale,,<. Grant, Chairm n an wiiiiams, commissioner C / 1 Keith Troxel ,Commissioner I