Agenda 09/29/2009 Item #16K 7
Agenda Item No. 16K7
September 29, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise and bring back for Board
consideration an amendment to Ordinance No. 91-65, as amended, relating to the Affordable
Housing Advisory Committee, so as to remove the requirement for Committee review of all
rezoning petitions.
OBJECTIVE: To obtain the Board of County Commissioners' (Board) authorization to advertise
and bring back for consideration an amendment to Ordinance No. 91-65, as amended, to eliminate
the requirement for Affordable Housing Advisory Committee review of all rezoning petitions.
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
recommendation to limit the Committee's review of rezoning petitions to those petitions involving
affordable housing.
At its September 15, 2009 regular meeting, however, the Board of County Commissioners directed
an amendment which would eliminate the above provision in its entirety. If approved, I will
advertise and bring back the attached amending ordinance for Board consideration.
LEGAL CONSIDERATIONS: The proposed amendment is legally sufficient for Board action.
-JAK
FISCAL IMPACT: The cost of advertising the amending ordinance is estimated at $500.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorizes the County Attorney's Office to advertise
and bring back for the Board's consideration the attached amendment to Ordinance No. 91-65, as
amended, which will eliminate the requirement for Affordable Housing Advisory Committee
review of all rezoning petitions.
Prepared By: Jeffrey A. Klatzkow, County Attorney
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Agenda Item No. 16K7
September 29, 2009
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K7
Item Summary: Recommendation to authorize the County Attorney to advertise and bring back for Board
consideration an amendment to Ordinance No. 91-65, as amended, relating to the Affordable
Housing Advisory Committee, so as to remove the requirement for Committee review of all
rezoning petitions.
Meeting Date: 9/29/2009 9:00:00 AM
Prepared By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/17/20099:48:01 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/22/2009 3:23 PM
Approved By
OMS Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 9/22/2009 3:43 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 9f22/2009 4:03 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 9/22/20096:34 PM
file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009
Agenda Item No. 16K7
September 29,2009
Page 3 of 4
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 REMOVE THE
REQUIREMENT FOR COMMITTEE REVIEW OF ALL
REZONING PETITIONS; 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 remove
the requirement for Committee review of all rezoning petitions.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDIN.<\NCE 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:
* * * * * *
(5) The Committee sholl receive a presentation from all applicill1ts seeking
rezoning approyol by the Board of County Commissioners
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Words Underlined are added; Words Struck Throuf;h are deleted. I
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Agenda Item No. 16K7
September 29,2009
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E6H..~} The Committee shall investigate any other relevant areas so directed by the
Board of County Commissioners.
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.
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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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Words Underlined are added; Words Struck Through are deleted.
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