HomeMy WebLinkAboutR80-63 Rocky Mountain Airways Special Use Permit AmendmentRESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 80-lo-5
A RESOLUTION AMENDING AND READOPTING SPECIAL USE PERMIT NO.
ZS- 42 -77, AS AMENDED BY RESOLUTION DATED AUGUST 7, 1979,
ENTITLED "CONTINGENCY PLAN" AND RESOLUTION NO. 80 -41 - ROCKY
MOUNTAIN AIRWAYS, INC.
WHEREAS, the Board of County Commissioners, County
of Eagle, State of 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 ", 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 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 conditions were altered by the Board to allow RMA to
meet more stringent applicable governmental standards or to elimi-
nate known hazards to the public health, safety and welfare; said
conditions are set forth under the heading "Conclusion" of the
Findings and Order of the Board dated January 3, 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, on August 7, 1979, the Board amended Special
Use Permit No. ZS -42 -77 by imposing an additional condition
thereon to provide for a contingency plan for situations involving
emergency medical evacuation and emergency use of the Avon
f
STOLport airstrip by persons and /or entities other than RMA;
and
WHEREAS, on July 14, 1980, the Board adopted Resolution
No. 80 -41 which amended Special Use Permit No. ZS -42 -77 by
imposing two additional conditions on said permit, to wit:
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
the Eagle
a minimum
the Eagle
confirmed
County Ai
maintain air carrier service to
County Airport by providing at
two (2) round trips per day to
County Airport if there are
reservations to or from the Eagle
sport, ;and
WHEREAS, Resolution No, 80 -41 was an attempt to
address the concerns and complaints of the public expressed
directly to the Board relative to the reliability, nature and
extent of scheduled air carrier flight service to the Avon
STOLport and the nature and extent that RMA would provide similiar
air carrier flight services through alternative facilities
accessible to all citizens of Eagle County; and
WHEREAS, Resolution No. 80 -41 resulted in an unworkable
solution to the basic underlying problem of providing the public
an adequate and effective means of communicating its concerns
and complaints directly to RMA and, likewise, of providing RMA
an adequate and effective means to respond to such concerns and
complaints; and
VMEREAS, in order to establish such means of communication
in the hopes that many of the concerns and complaints of the public
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will be resolved without resorting to such drastic and harsh
measures as imposing additional conditions on RMA's Special
Use Permit, the Board hereby determines that the interests of
the public would best be served by the repeal of Resolution
No. 80 -41 and in its place and stead to enter into a Memorandum
of Understanding with RMA: and
WHEREAS, such Memorandum of Understanding shall include,
among other things, that RMA will maintain an air carrier flight
schedule for the general public relative to air carrier service
at the Avon STOLport; will specify under what circumstances,
excluding economic conditions, that RMA will of necessity be
required to cancel such scheduled air carrier flights to the
Avon STOLport; will establish a means by which complaints and
concerns of the public can be directly forwarded to RMA rather
than the Board; and that RMA will use its best efforts to per-
sonally contact the public in response to such complaints and
concerns and to attempt to resolve same; and
WHEREAS, RMA has expressed its willingness to enter
into such a Memorandum of Understanding with the Board.
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 No. ZS- 42 -77, for the purpose of operating
an airport, Avon STOLport, as amended by Resolution dated August
7, 1979, entitled "Contingency Plan" and Resolution No. 80 -41,
is hereby amended by the repeal of the provisions of Resolution
No. 80 -41 and specifically, the additional conditions contained
t
therein, to wit:
"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 STOLoort. 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 entirety of Special Use Permit No. ZS -42 -77
as herein amended by the repeal of Resolution No. 80 -41, is
hereby readopted; in addition, the Resolution dated August 7,
1979, entitled "Contingency Plan" is hereby readopted in its
entirety as an amendment to Special Use Permit No. ZS -42 -77 by
the addition of Section 20 under the heading "Conclusion" of
said Special Use Permit to read as set forth in Exhibit "A"
attached to said Resolution and incorporated therein by reference.
THAT, this amendment and readoption of Special Use
Permit No. ZS- 42 -77, as amended by Resolution dated August 7,
1979, shall not constitute a waiver of any violations existing
at the time of adoption of this Resolution with the exception
of violations existing pursuant to the additional conditions
imposed by Resolution No. 80 -41.
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.
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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 this day of ��e 1980.
ATTEST:
Clerk of the'\ B rd
�6f County Commissioners
COUNTY OF EAGLE STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By: 'al" \� -wig,/ 6 2
Dale F. Grant; Chairman