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HomeMy WebLinkAboutR80-41 Rocky Mountain Airways Special Use PermitRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 80- 41 SPECIAL USE PERMIT NUMBER ZS- 42 -77- ROCKY MOUNTAIN AIRWAYS, INC., - AMENDMENT OF SPECIAL USE PERMIT FOR INCLUSION OF ADDITIONAL CONDITIONS WHEREAS, the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the "Board ", did on January 3, 1978, at a public hearing, grant the application of Rocky Mountain Airways, Inc., hereinafter referred to as "RMA ", for a special use permit in File Number No. ZS- 42 -77, to operate an airport, hereinafter referred to as the "Avon STOLport ", pursuant to Sections 6.00 and 6.01, respectively, of the Zoning Resolution of Eagle County, Colorado, as amended; 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 and of which were to remain in full force and effect so long as operations were conducted under the Special Use Permit; said conditions are set forth in the Findings and Order of the Board dated January, 1978, which said document constitutes the Special Use Permit, and of which is hereby incorporated herein by this reference as fully as if the same was set forth at length herein; and WHEREAS, Condition 19 of said Special Use Permit provides: "At any time pursuant to such notice and hearing as the County Commissioners may deem appropriate, these conditions may be altered to allow RMA to meet more stringent applicable governmental standards than those presently existing or to eliminate known hazards to the public health, safety, and welfare. "; and WHEREAS, the Board, at its regular meeting of May 12, 1980, reviewed the operations of RMA pursuant to said Special Use Permit as prescribed in Condition 16 therein and determined not to suspend and /or revoke RMA's Special Use Permit. Further, the Board determined to schedule a public hearing to consider the addition of two conditions to said Special Use Permit as follows: a. RMA shall submit to the County Commissioners prior to the first day of each respective month an air carrier flight schedule for the ensuing month pertaining to air carrier service to the Avon STOLport. Said air carrier flight schedule shall not be altered and/ or modified during each respective month. b. RMA shall maintain air carrier service to the Eagle County Airport by providing at a minimum two (2) round trips per day to the Eagle County Airport; and WHEREAS, the Board, on July 14, 1980, did hold a public hearing to consider the addition of the above - referenced conditions to RMA's Special Use Permit; -and WHEREAS, public notice of such hearing was published in the Eagle Valley Enterprise on June 26, 1980; 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 FIND AS FOLLOWS: 1. That by a Resolution duly adopted by the Board of Directors of RMA dated August 9, 1977, and made a part of the application of RMA for a special use permit to operate the Avon STOLport, RMA had represented to the Board: a. That Rocky Mountain Airways, Inc., will continue to serve the Eagle County Airport, as a destination for scheduled air carrier service for persons and property, at a level that is necessary to meet the needs of the traveling public, but not less than two (2) round trips per day, in addition to any flights that may be authorized to serve the Avon STOLport; b. That Rocky Mountain Airways, Inc., will make available its facilities and resources to the Eagle County Airport Authority, and Eagle County to assist them in the preparations of applications for federal assistance, and any other projects for the development of the Eagle County Airport for general aviation purposes; c. That Rocky Mountain Airways, Inc., shall continue to provide at least two (2) round trips per day to the Eagle County Airport so long as it shall possess the legal ability to so do, and as may be determined by the authorized governing bodies or entities. 2. That RMA had represented and stated in testimony and documents submitted by RMA during the public hearings relative to the approval of said Special Use Permit,that RMA would continue to provide service to the Eagle County Airport with at least two (2) round trips per day. 3. That during the public hearings relative to the approval of said Special Use Permit, extensive testimony and documents were submitted to the Board by interested parties expressing their concerns and objections to said Special Use Permit if RMA discontinued service to the Eagle County Airport upon the issuance of said Special Use Permit. 4. That based upon the Resolution and representations of RMA to continue service to the Eagle County Airport, the Board did not impose a condition providing same. « � 4 5. That had the Board known at the time of approval of said Special Use Permit, that RMA would subsequently disregard the Resolution and representations made by it and discontinue service to the Eagle County Airport, the Board may have denied said Special Use Permit in the interests of and for the benefit of the general public health, safety and welfare. 6. That due to public input, from the citizens of Eagle County expressing concern over the lack of good faith on the part of RMA to faithfully perform its obligations pursuant to the issuance of said Special Use Permit; the inconvenience placed upon the public by reason of the lack of a regularly posted flight schedule to the Avon STOLport and the adherence thereto by RMA, and the discontinuation of service to the Eagle County Airport by RMA; and the undue financial burden placed upon the taxpayers of Eagle County by reason of such discontinuation of service to the Eagle County Airport by RMA, the Board finds that the imposition of additional conditions to the Special Use Permit granted to RMA is necessary for the public health, safety and welfare. NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Special Use Permit granted to Rocky Mountain Airways, Inc., in File Number ZS- 42 -77, for the purpose of operating an airport, Avon STOLport, is hereby amended by adding thereto and inserting therein the following conditions to be designated as Conditions 20 and 21, respectively, to read as follows: 20. RMA shall submit to the County Commissioners prior to the first day of each respective month an air carrier flight schedule for the ensuing month pertaining to air carrier service to the Avon STOLport. Said air carrier flight schedule shall not be altered and /or modified during each respective month. 21. RMA shall maintain air carrier service to the Eagle County Airport by providing at a minimum two (2) round trips per day to the Eagle County Airport if there are confirmed reservations to or from the Eagle County Airport. THAT, the adoption and addition of the conditions referred to in the paragraph next above to RMA's Special Use Permit is authorized by Condition 19 of said Special Use Permit. THAT, the Board shall hold a public hearing on October 14, 1980, to review the Special Use Permit granted to RMA in order to determine compliance by RMA of the conditions imposed on said Special Use Permit. THAT, this Resolution is necessary for the public health, safety, prosperity, order, convenience and welfare of the present and future citizens of Eagle County. MOVED, SECONDED AND UNANIMOUSLY adopted by the Board of County Commissioners, County of Eagle, State of Colorado, at its regular meeting held the 14th day of July, 1980. SIGNED this pJ V day of July, 1980. ATTEST: r of the Board of t Inty Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: / , ti %lcP - Dale F. Grant, Chairman xl' Dan Williams, Commissioner K ith Troxel, Co m'ssioner