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HomeMy WebLinkAboutT17-06 (2) Ordinance No. T17-06 AN ORDINANCE EXTENDING THE MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS IN EXISTING RESIDENTIAL AND COMMERCIAL STRUCTURES ESTABLISHED BY ORDINANCE NO. T1-06 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 government 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 converting existing residential, rental residential and nonresidential structures to residential condominiums (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 regulations, 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 regulating residential condominium conversions to the City Council for consideration; and WHEREAS, the City Council of the City of Elgin passed Ordinance No. T1-06 on January 25, 2006 after determining 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 conversions in the City of Elgin; and WHEREAS, the City Council of the City of Elgin considered a proposed ordinance governing residential condominium conversions in existing residential and commercial structures on April 12, 2006 and determined that additional research and consultation was necessary to address concerns raised regarding several provisions of the proposed ordinance; and WHEREAS, the City Council of the City of Elgin has determined that the moratorium on the issuance of building, development or zoning permits for a condominium conversion established under Ordinance No. T1-06 be extended until May 31, 2006 in order to provide additional time to properly address concerns raised regarding several provisions of the proposed ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. In accordance with Section 6 of Ordinance No. T1-06, the City Council of the City of Elgin hereby extends until May 31, 2006 the moratorium on the issuance 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. 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, association, corporation, company or organization of any kind shall convert, in whole or in part, or attempt to convert, in whole or in part, any existing residential or nonresidential structures to residential condominium. Section 5. During the extension of the moratorium, continued study and consultation on the proposed ordinance is hereby authorized and directed so that the City of Elgin can adopt comprehensive plans and official controls regulating residential condominium 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 until May 31, 2006. 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 adjudged 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 persons 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 unconstitutional 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 passage and publication in the manner provided by law. s/Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Passed: April 26, 2006 Vote: Yeas: 7 Nays: 0 Recorded: April 27, 2006 Published: Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk } , E --- r Liir April 7, 2006 G I - ;N ,t TO: Mayor and Members of the City Council QUALITY HOUSING FROM: Olufemi Folarin, City Manager John Rothenberger, Building Official SUBJECT: Condominium Conversion Ordinance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding the adoption of an ordinance regulating condominium conversions. RECOMMENDATION It is recommended that the City Council approve the new regulations as proposed by staff. BACKGROUND Over the last several years, there have been several apartment buildings converted to individually owned condominiums. Currently, there are several apartment buildings in the conversion process. Most recently there has been a request for another 105 units on the near west side. All of the existing apartment buildings were established prior to the adoption of the latest building, fire, and zoning codes. Many of these buildings do not meet our current requirements for fire separations between units, utilities, minimum lot area, and parking. They are grandfathered as existing uses. A comprehensive evaluation for life safety requirements, separation of utilities, status of nonconforming structures, and parking issues need to be addressed prior to the further issuance of permits for these conversions. City staff has reviewed the existing ordinances from Evanston, Oak Park, Chicago, and Schaumburg pertaining to condominium conversions. Most of their ordinances cover tenant rights, third party inspection requirements, required reports, management of condominium, and electrical upgrades. Staff has recommended the following requirements in addition to the items covered under the other ordinances: 1. Fire protection systems would be required for stacked condominium unit buildings. Those buildings with four or more stories would be required to be fully sprinklered in Condominium Conversion Ordinance April 7, 2006 Page 2 compliance with National Fire Protection Association standards. Buildings less than four stories in height would need all enclosed common areas sprinklered and one sprinkler inside the front entrance door for each unit. These are current requirements for newly constructed buildings in this use group. 2. Each individual dwelling unit would be required to have separate 100 amp electrical services and the system would have to be brought into compliance with current National Electrical Code standards. 3. All private water mains would be pressure tested and all runs in excess of 20 feet in length would be looped to the public water main. Only one water meter would be provided for each building and the homeowners association would be responsible for the timely payment of the bill (to avoid shut off of the entire complex) in accordance with current codes. 4. All buildings would have to meet current Illinois State Accessibility codes for entrance into the building and access to all areas of the building. 5. All sites would meet current zoning requirements relating to site design standards. 6. Only original residential uses would be permitted to convert to condominiums. The following items are typical in the ordinances adopted by other communities and will be included in our ordinance: 1. All buildings would have to be inspected by a registered architect or a licensed engineer who would have to certify all structural and mechanical elements as sound and in good working order. An estimated life of these elements would also have to be provided. 2. A homeowners association would have to be in place and provided with a record of the last 4 years operating expenses and an estimate of future expenses to ensure sufficient funding is in place through the association fees to cover these costs. 3. A performance bond would be necessary to ensure the project is completed in a timely and acceptable manner. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None Condominium Conversion Ordinance April 7, 2006 Page 3 FINANCIAL IMPACT Additional costs incurred by the City of Elgin as a result of the proposed ordinance will be offset by additional permit fees generated by the applicant. LEGAL IMPACT None. ALTERNATIVES 1. Approve the proposed ordinance as recommended by City staff or in an amended form. 2. Do not proceed with the proposed ordinance at this time. Respectfully submitted for Council consideration. JRR/jr Attachments • Condominium Conversion Ordinance April 7, 2006 Page 4 PDi f G:\City Wide Shared' Cow Memos\COW Me