Agenda 09/15/2009 Item #16K 1
Agenda Item No. 16K1
September 15, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to authorize an amendment to Ordinance No. 91-65, as amended,
relating to the Affordable Housing Advisory Committee, which will limit the rezoning
petitions requiring Committee review to all affordable housing projects and any projects
which request existing or new' affordable housing incentives.
OBJECTIVE: To obtain the Board of County Commissioners authorization to amend Ordinance
No. 91-65, as amended, in order to limit the Affordable Housing Advisory Committee's review of
rezoning petitions to all affordable housing projects and any projects which request existing or
new affordable housing incentives.
CONSIDERATIONS: On July 23, 1991, the Board of County Commissioners adopted,
Ordinance No. 91-65, establishing the Collier County Affordable Housing Commission (now
known as the Affordable Housing Advisory Committee). The Board subsequently amended
Ordinance 91-65 through the adoption of Ordinance Nos. 04-77, 05-69 and 08-17. Ordinance
No. 05-69 contained the following addition to the functions, powers and duties of the Committee:
(5) The Committee shall receive a presentation from all applicants seeking
rezoning approval by the Board of County Commissioners.
--
Mr. Brad Schiffer, a member of the Affordable Housing Advisory Committee, recently asked me
what was meant by the provision, as the Committee was not seeing presentations from any
applicants seeking rezoning approval. My reading of the Ordinance is that it clearly requires that
all rezoning applicants go before the Committee, both commercial and residential, whether or not
they contain affordable housing components. I discussed the issue with staff, and received the
following recommendation which would limit the Committee's review of rezoning petitions to
those petitions involving affordable housing:
(5) The Committee shall receive a presentation from all applicants seeking
rezoning approval by the Board of County Commissioners for all affordable
housing proiects and any projects which request existing or new affordable
housing incentives.
At its August 31, 2009 meeting, the Affordable Housing Advisory Committee unanimously
endorsed the proposed amendment.
If approved, I will advertise and bring back an aJ.l1ending ordinance for Board consideration. If
not approved, staff should be directed to require all rezoning applicants make a presentation to
the Committee.
.-'
LEGAL CONSIDERATIONS: No legal issues are presented by this request for authorization.
This is a regular item requiring simple majority vote. -JAK
FISCAL IMPACT: The cost of advertising the amending ordinance is estimated at $500.
Agenda Item No. 16K1
September 15, 2009
Page 2 of 5
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorizes the County Attorney's Office to advertise
and bring back for the Board's consideration an amendment to Ordinance No. 91-65, as amended,
'which will limit the Affordable Housing Advisory Committee's review of rezoning petitions to all
affordable housing projects and any projects which request existing or new affordable housing
incentives.
Prepared By: Jeffrey A. Klatzkow, County Attorney
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Agenda Item No. 16K1
September 15, 2009
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Recommendation to authorize an amendment to Ordinance No, 91-65, as amended, relating
to the Affordable Housing Advisory Committee, which will limit the rezoning petitions requiring
Committee review to all affordable housing projects and any projects which request existing
or new affordable housing incentives.
Meeting Date:
9/15/2009 9:0000 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
8/17/20091:49:11 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
8/18/20099:16 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
8/18/2009 10:41 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
8/18/2009 10:45 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
8/19/20093:52 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
8/20/2009 11 :56 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
8/20/20092:59 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/1/20095:55 PM
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Agenda Item No. 16K1
September 15, 2009
Page 4 of 5
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 91-65, AS AMENDED,
PERTAINING TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE, SPECIFICALLY, SECTION SEVEN, "FUNCTIONS
'POWERS AND DUTIES," IN ORDER TO LIMIT THE
COMMITTEE'S REVIEW OF REZONING PETITIONS TO
AFFORDABLE HOUSING PROJECTS AND ANY PROJECTS
WHICH REQUEST EXISTING OR NEW AFFORDABLE
HOUSING INCENTIVES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 23, 1991, the Board of County Commissioners adopted
Ordinance No. 91-65, establishing the Collier County Affordable Housing Commission (now
known as the Affordable Housing Advisory Committee), which Ordinance was subsequently
amended by Ordinance Nos. 04-77, 05-69 and 08-17; and
WHEREAS, the Board of County Commissioners desires to amend Section Seven of
Ordinance No. 91-65, as amended, entitled "Functions, powers and duties" so as to limit the
rezoning petitions requiring Committee review to all affordable housing projects and any
projects which request existing or new affordable housing incentives.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 91-65,
AS AMENDED.
Section Seven is hereby amended to read a follows:
SECTION SEVEN. Functions, powers and duties.
The functions, powers and duties of the Affordable Housing Advisory Committee
shall be as follows:
******
Words Underlined are added; Words Struck Through are deleted.
Page I of2
Agenda Item No. 16K1
September 15, 2009
Page 5 of 5
(5) The Committee shall receive a presentation from all applicants seeking
rezoning approval by the Board of County Commissioners for all affordable
housing projects and any projects which request existing or new affordable
housing incentives.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
By:
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Words Underlined are added; Words Struck Through are deleted.
Page 2 of2
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