An Ordinance Amending the Ashland Municipal Code, Chapter 15.04, Regarding Conversion of Existing Multi-Family Rental Units into For Purchase Housing in Multifamily Districts
|Meeting Date:||April 17, 2007||Primary Staff Contact:||Brandon Goldman|
|Contributing Departments:||Legal||Secondary Staff Contact:||David Stahleim|
|Estimate Time:||30 Min.|
A proposed ordinance, to clarify regulatory control over the conversion of existing multi-family rental units into for-purchase housing to ensure the converted units are inspected for compliance with the Oregon Structural Specialty Code Chapter 34 for existing structures. The intention of the ordinance is to trigger an inspection, and report to be completed by the Ashland Building Department that identifies items that warrant correction to comply with the building code including exceptions for previously existing buildings. These corrections shall be completed prior to the sale of the converted unit(s), and a copy of the report and final inspections to the buyer.
The Housing Commission discussed developing a Condominium conversion ordinance to address impacts associated with such conversions. Those impacts included loss of existing rental stock, displacement of tenants, and the potential of substandard apartments being converted to for-purchase and sold without review of the Ashland Building Department. The first two impacts noted above are the subjects of separate ordinances that have been forwarded to the Council for Consideration. This Council Communication specifically addresses the issue of providing the building department with regulatory control over the conversion of multi-family rental units into for-purchase housing to protect the health, safety and welfare of existing and future residents.
Originally, similar language stipulating the required inspection, report, and disclosure was included in a draft land use ordinance that related to land use regulations associated with conversions of multi-family rental units. Upon review of this draft ordinance the Legal Department determined that this section of code language was more appropriately located in Chapter 15 of the Ashland Municipal Code with addresses Building Code requirements.
As such the amendments to Chapter 15.04.115 as proposed are intended to address the items previously contained in the draft land use ordinance. The development of the originally proposed ordinance included numerous public meetings, the formation of an ad-hoc committee and a joint study between the Planning and Housing Commissions. Public hearings were held before the Housing Commission and Planning Commission.
The Housing Commission and the Planning Commission have not reviewed the proposed ordinance in its current format. Each advisory commission did review similar language establishing the inspection, report, correction and disclosure process as outlined in the proposed ordinance.
In consultation with the Building Official he believed it was necessary to distinguish the type of units covered to be explicitly conversions in multifamily zoning districts. Further the term "condominium" was universally replaced with "for-purchase housing" as its applicability was not restricted to condominiums alone. Rather conversion of multi-family rental units into townhomes, rowhouses, cooperatives, or condominiums would all be regulated under the broader term "for-purchase housing. The originally developed ordinance modified the R2 and R3 zones, and as such conversions in those zones alone would have been held to the inspection, report, correction and disclosure requirement. By removing this section from a proposed land use code amendment, and instead inserting it into the Building Code chapter as recommended by the legal department, it becomes necessary to clarify that such requirements do not apply to mixed use projects in commercial zones which have different building code requirements. To address this distinction, the term "in multifamily zoning districts" should be inserted into the body of the ordinance language.
Staff recommends approval of the proposed amendments to 15.04 with the following modification:
Staff believes that the ordinance as presented is in substantial conformance with the original draft ordinance language reviewed by both the Housing Commission and Planning Commission. Although they have not held public hearings on the Ordinance as currently presented each Commission had the opportunity to learn of differences at their most recent regular meetings. Each commission indicated support of the Building Code provisions and did not specifically request that they be further reviewed at the Commission level.
• Move to accept the Ordinance amending Chapter 15.04 with changes as recommended by staff, and proceed with first reading by title.
Click on the PDF file below to view the following attachments:
Minutes, memos and the Staff report relating to the Conversion of multi-family rental units into for purchase housing are included in the Council Packet under the proposed Land Use Ordinance amendments. Those attached documents also relate to the proposed Tenants Rights Resolution.
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