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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 C 0 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 0 C 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.