HomeMy WebLinkAboutORDINANCE 09-100 0
ORDINANCE #09-10
AN ORDINANCE RENEWING THE TEMPORARY MORATORIUM
ON THE ISSUANCE OF BUILDING PERMITS FOR WIND TURBINES
WITHIN THE TOWN OF ESTES PARK
WHEREAS,on August 11,2009,the Town of Estes Park adopted Resolution No.
15-09 imposing a temporary moratorium on the issuance of any building permit by the
Community Development Department for the installation of any wind turbine within the
Town of Estes Park;and
WHEREAS,on December 8,2009,the Town of Estes Park extended the
temporary moratorium by adoption of Ordinance No.11-09 for a period of ninety (90)
days;and
WHEREAS,the Estes Valley Planning Commission held public hearings on
amendments to the Estes Valley Development Code regarding regulatory provisions for
the location,construction and operation of wind turbines within the Estes Valley
Planning Area including the Town of Estes Park and forwarded recommended
amendments to the Estes Valley Development Code to the Board of Trustees and the
Board of County Commissioners;and
WHEREAS,the Board of Trustees of the Town of Estes Park reviewed the
recommendations forwarded to the Board of Trustees by the Estes Valley Planning
Commission and by motion,referred the recommended amendments back to the Estes
Valley Planning Commission for further review,and
WHEREAS,in referring the amendments back to the Estes Valley Planning
Commission,the Board of Trustees requested that the Planning Commission review
small wind energy conversion systems and micro-wind energy conversion systems
separately;and
WHEREAS,the Estes Valley Planning Commission will hold additional public
hearings prior to forwarding to the Board of Trustees and Board of County
Commissioners possible amendments to the Estes Valley Development Code regulating
the location,construction and operation of wind turbines within the Estes Valley
Planning Area;and
WHEREAS,is it necessary to renew the temporary moratorium on the issuance
of building permits for any wind turbine within the Town until such time as the Board of
Trustees of the Town and the Board of County Commissioners have an opportunity to
review new recommendations of the Estes Valley Planning Commission with regard to
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any regulations addressing the construction,location and operation of wind turbines
within the Estes Valley Planning Area;and
WHEREAS,pursuant to the applicable provisions of Section 29-20-101 et seq.
C.R.S.known as the Local Government Land Use Control Enabling Act of 1974,the
Board of Trustees of the Town of Estes Park has the power to renew the temporary
moratorium.
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO,as follows:
1.The Board of Trustees hereby renews the temporary moratorium on the
issuance of any building permit by the Community Development Department
for the installation of any wind turbine within the Town of Estes Park including,
but not limited to,the processing of any application for building permits filed
with the Community Development Department for a period of one hundred
seventy4ive (175)days from the effective date of this Ordinance.
2.This renewal of the temporary moratorium shall take effect immediately upon
the adoption of this Ordinance and continue for a period of one hundred
seventy4ive (175)days unless amended and/or terminated by further action
of the Board of Trustees.
WHEREAS,the immediate passage of this Ordinance is necessary for the
preservation of the health,safety,and welfare of the citizens of the Town,and therefore
this Ordinance shall take effect and be in force immediately after its passage,adoption,
and signature of the Mayor.
INTRODUCED,READ,AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this Th day of i-p&c,,2010.
ATTEST:
Town Clerk
Mayor
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I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the 9’-day of
_______________,
2010,and
published in a newspaper of general circulation in the Town of Estes Park,Colorado,
on the a-day of
__________________,
2010.