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HomeMy WebLinkAboutT1-06 (2)11, Ordinance No. T1-06 AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS IN EXISTING RESIDENTIAL AND COMMERCIAL STRUCTURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its gov- ernment and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, the City of Elgin has recently experienced an unprecedented interest in con- verting existing residential, rental residential and nonresidential structures to residential condo- miniums (collectively referred to as "residential condominium conversions"); and WHEREAS, the City Council of the City of Elgin has determined that sufficient time must be afforded to enable the city staff to conduct research and consider appropriate regula- tions, amendments and/or clarifications to protect the public health, safety, welfare and economic prosperity of the City of Elgin in order to present comprehensive plans and official controls regu- lating residential condominium conversions to the City Council for consideration; and WHEREAS, the City Council of the City of Elgin has determined and does hereby de- termine that it is in the public interest and in the interest of the City of Elgin that a moratorium on the issuance of building, development or zoning permits for a condominium conversion be imposed for a period of ninety (90) days in order to afford the city staff with sufficient time to conduct research and consider appropriate regulations regulating residential condominium con- versions in the City of Elgin. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illi- nois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby in- corporated into this text as if set out herein in full. Section 2. The City Council of the City of Elgin hereby declares a moratorium on the is- suance of any building, development or zoning permits for condominium conversions for the purpose of converting any existing residential, rental residential or nonresidential structures to a residential condominium in order to afford the City of Elgin sufficient the time to conduct re- search and consider appropriate regulations, amendments and/or clarifications to protect the pub- lic health, safety, welfare and economic prosperity of the city by implementing comprehensive plans and official controls regulating residential condominium conversions in the City of Elgin. Section 3. While this ordinance remains in effect, no building, development, zoning or other permit, or other applicable entitlement, which entails in whole or in part the conversion of any existing residential or nonresidential structures to residential condominiums within the City of Elgin shall be issued. Section 4. While this ordinance remains in effect, no person, firm, partnership, associa- tion, corporation, company or organization of any kind shall convert, in whole or in part, or at- tempt to convert, in whole or in part, any existing residential or nonresidential structures to resi- dential condominium. Section 5. During the moratorium, a study is hereby authorized and directed so that the City of Elgin can adopt comprehensive plans and official controls regulating residential condo- minium conversions in the City of Elgin. Section 6. Unless earlier terminated or extended by action of the City Council of the City of Elgin, this ordinance shall be effective for ninety(90) days from its effective date. Section 7. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be ad- judged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other per- sons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such un- constitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. Section 8. That this ordinance shall be in full force and effect immediately upon its pas- sage and publication in the manner provided by law. s/Ed Schock Ed Schock,Mayor Presented: January 25, 2006 Passed: January 25, 2006 Vote: Yeas: 7 Nays: 0 Recorded: January 26, 2006 Published: Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk COMMITTEE OF THE WHOLE MEETING JANUARY 25,2006 The regular Committee of the Whole meeting was called to order by Mayor Schock at 5:08 p.m. in the Council Chambers. Present: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. Approval of Minutes Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the minutes of the January 11, 2006,regular meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Motion to Go Into Executive Session Councilmember Sandor made a motion, seconded by Councilmember Kaptain,to adjourn into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Figueroa,Gilliam,Kaptain,Rodgers,Sandor,Walters,and Mayor Schock. Nays: None. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body- Exempt Under Section 120/2(c)(1)of the Open Meetings Act Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act- Exempt Under Section 120/2(c)(12) of the Open Meetings Act Purchase or Lease of Real Property for the Use of the Public Body—Exempt Under Section 120/2(c)(5) of the Open Meetings Act Whereupon at 5:09 p.m. the corporate authorities convened in executive session for the purpose of discussing the above-stated matters. The regular Committee of the Whole meeting resumed session at 6:05 p.m. in the Council Chambers. Present: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. Consideration of an Ordinance Establishing a Moratorium on the Issuance of Building Permits for Residential Condominium Conversions in Existing Residential and Commercial Structures An ordinance will be presented at tonight's Council meeting for passage by the City Council. Councilmember Sandor requested that the fire sprinkler issue be part of staffs review.