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Home My WebLink AboutR82-106 Rocky Mountain Airways contingency PlanRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82- ldj 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, RESOLUTION NO. 82 -1, RESOLUTION NO. 82 -15, AND RESOLUTION NO. 82 -34, RESPECTIVELY - ROCKY MOUNTAIN AIRWAYS, INC. (AVON STOLPORT) - MOTOR VEHICLE RENTAL OPERATIONS, AND CONTINGENCY PLAN FOR UNAUTHORIZED USE WHEREAS, the Board of County Commissioners, County of Eagle, State of Colorado ( "Board "), did on January 3, 1978, approve the application of Rocky Mountain Airways, Inc. ( "RMA ") for a Special Use Permit in File No. ZS -42 -77 ( "Special Use Permit ") to operate an airport commonly referred to as the "Avon STOLport "; and WHEREAS, the approval of the Board relative to the 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 i V ua RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82- ldj 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, RESOLUTION NO. 82 -1, RESOLUTION NO. 82 -15, AND RESOLUTION NO. 82 -34, RESPECTIVELY - ROCKY MOUNTAIN AIRWAYS, INC. (AVON STOLPORT) - MOTOR VEHICLE RENTAL OPERATIONS, AND CONTINGENCY PLAN FOR UNAUTHORIZED USE WHEREAS, the Board of County Commissioners, County of Eagle, State of Colorado ( "Board "), did on January 3, 1978, approve the application of Rocky Mountain Airways, Inc. ( "RMA ") for a Special Use Permit in File No. ZS -42 -77 ( "Special Use Permit ") to operate an airport commonly referred to as the "Avon STOLport "; and WHEREAS, the approval of the Board relative to the 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 t WHEREAS, the Board on December 1, 1980, pursuant to Resolution No. 80 -64, amended the Special Use Permit by imposing an additional condition thereon, Condition No. 21, to provide for a contingency plan for situations involving the unauthorized and non - emergency use of the Avon STOLport by persons and /or entities other than RMA; and WHEREAS, the Board on January 11, 1982, pursuant to Resolution No. 82 -1, amended the Special Use Permit by the modification of Condition Nos. 1 and 3 therein to allow the establishment and operation of motor vehicle rental facilities and activities within the terminal building or on the special use project area for a period of time terminating December 31, 1982, 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; and WHEREAS, the Board and RMA, respectively, desire to amend or modify that aforesaid conditions of the Special Use Permit as further set forth hereinbelow; and WHEREAS, public notice of the Board's hearing on November 23, 1982, relative to the aforesaid amendments to the Special Use Permit was duly published in the Eagle Valley Enterprise on October 21, October 28, November 4, and November 11, respectively, 1982; 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 the Special Use Permit; DOTH FIND AS FOLLOWS: 1. Since the enactment of Condition No. 21, there have been several instances of an unauthorized or FA uvu. n non - emergency use of the Avon STOLport which have required ' the expenditure of a considerable amount of time and public monies on the part of the Board and its representatives in administering and enforcing the contingency plan contained within Condition No. 21. By reason of the foregoing, the Board further finds, determines and declares that such direct and indirect costs incurred by the Board should be borne exclusively by the person(s) responsible for an unauthorized or non - emergency use of the Avon STOLport, and not the citizenry of the County of Eagle. 2. In conjunction with the RMA's letter dated November 12, 1982, requesting a continuation of the motor vehicle rental activity at the Avon STOLport, the Board further finds, determines and declares that such motor vehicle rental operations have been conducted in accordance with Resolution No. 82 -1 and without public complaint, and are of a benefit to the general traveling public. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, Colorado: 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, Resolution No. 80 -64, Resolution No. 82 -1, Resolution No. 82 -15 and Resolution No. 82 -34, respectively, is hereby amended by the modification of Condition No. 21 of the Special Use Permit by adding thereto and inserting therein an additional paragraph within Section F to read as follows: "In addition to the foregoing, any plan for removal of the unauthorized aircraft shall require the owner or operator thereof to reimburse the County for all of its direct and indirect expenses incurred by reason of the unauthorized or non - emergency use of the Avon 3 STOLport. In the event the County is unable to obtain reimbursement of its expenses from the owner or operator of the unauthorized aircraft, the County may, in its discretion, pursue any and all legal remedies available to it." THAT, the amendment of Condition Nos. 1 and 3 respectively, of the Special Use Permit as set forth in Resolution No. 82 -1, be and is hereby extended, and shall remain in effect for a period terminating December 31, 1983. THAT, during the period in which the amendment immediately above is in effect, the Board or its designated representatives shall have the right to monitor such motor vehicle rental facilities and activities to determine the negative impacts, if any, resulting therefrom. THAT, on or before December 31, 1983, the Board shall review the amendment immediately above to determine whether the motor vehicle facilities and activities so authorized should be a permanent permitted use under the terms of the Special Use Permit. 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, Resolution No. 82 -15 and Resolution No. 82 -34, respectively, 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 M i !'r 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 ADOPTED by the Board of County Commissioners, County of Eagle, Colorado, at its regular PC�e 6e (i meeting held the 6 /!Y-- day of 1982. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: By: lerk of th and o county Commissioners 5 Keith Troxel, Commissioner