Agenda 10/13/2009 Item #17E
Agenda Item No. 17E
October 13, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance amending
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: That the Board of County Commissioners (Board) adopts the attached Ordinance
amending 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 Co mmitteel 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. On September 29, 2009
(Agenda Item ] 6K7), the Board authorized the County Attorney to advertise the proposed
Ordinance for consideration at a public hearing.
LEGAL CONSIDERATIONS: The proposed amending Ordinance was drafted by the County
Attorney and is legally sufficient for Board action. - JAK
FISCAL IMP ACT: The cost of advertising the amending Ordinance was $88.57.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board adopts the attached Ordinance amending Ordinance No.
9]-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
.-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17E
October 13, 2009
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17E
Recommendation that the Board of County Commissioners adopts an Ordinance amending
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.
10/13/20099:00:00 AM
Prepared By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
9130120094:31 :40 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
1011120092:47 PM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
1015/2009 12: 03 PM
Approved By
John A. Yonkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
1015/200912:06 PM
Agenda Item No. 17E
October 13, 2009
Page 3 of 5
ORDINANCE ~O. 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 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:
* * * * * *
(5) The Committee shull receive a presentation from all applicants seeking
rezoning uppro'.'al by the Board of County Commissioners
Words Underlined are added; Words 8t11:1clc Through are deleted.
Page 1 of2
Agenda Item No. 17E
October 13, 2009
Page 4 of 5
~ 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.
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
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Words Underlined are added; Words Struck Throl:lgh are deleted.
Page 2 of2
Agenda Item No. 17E
October 13, 2009
Page 5 of 5
16D · Saturday, October 3, 2009 · Naples Daily News
NOTICE OF INTENT TO CONSIDER
ORDINANCE
Notice is hereby given that the Board of
County Commissioners of Collier County
will hold a public hearing on Tuesday, Oc-
tober 13, 2009, In the Boardroom, 3rd
Floor, Administration Building, Collier
County Government Center, 3301 East Ta-
miami Trail, Napies. Florida. The meeting
will begin at 9:00 A.M. The title of the
proposed ordinance{s) are as follows:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDI-
NANCE NO. 7S-16, AS AMENDED, RELAT:
ING TO THE CONDUCT OF MEETINGS OF
THE BOARD OF COUNTY COMMISSION-
ERS, BY MODIFYING THE PROCEDURE
FOR CALLING A MEETING TO ORDER IN
THE ABSENCE OF THE CHAIRMAN AND
THE VICE CHAIRMAN; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVID-
ING FOR INClUSION IN THE CODE OF
LAWS AND ORDINANCE; AND PROVIDING
FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDI-
NANCE NO. 2004-03, THE COlliER COUN-
TY AIRPORT AUTHORITY ORDINANCE.
SPECIFICALLY, SECTION FIVE, 'GOVER-
NING BODY; MEMBERSHIP,APPOINT-
MENT AND TERMS OF OFFICE,' IN ORDER
TO PROVIDE FOR THE APPOINTMENT OF
ONE (1) ALTERNATE MEMBER; PROVID-
ING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCE; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COlliER
COUNTY, FLORIDA, AMENDING ORDI-
NANCE NO. 91-6S, AS AMENDED, PER-
TAINING TO THE AFFORDABLE HOUSING
ADVISORY COMMITTEE, SPECJFICALL Y,
SE.aION.SEVE.N, 'FUNCTIONS, .POWERS
AND DUTIES: IN .ORDER TO REMOVIO'THE
REQUIREMENT FOR COMMITTEE REVIEW
OF ALL REZONING PETITIONS; PROVIDING
FOR CONFLICT AND SEVERABILITY; PRO-
VIDING FOR INCLUSION IN TH5 CODE OF
LAWS AND ORDINANCES; AND PROVID-
ING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF
COUNTY' COMMISSIONERS OF COLLIER
COUNTY~. FLORIDA, AMENDING ORDI-
NANCE 1\10. 1975-16, AS AMENDED, BY
REVISING THE PROCEDURE FOR RECON-
SIDERATION OF MATTERS BY THE BOARD
OF COUNTY .COMMISSIONERS; PROVID-
ING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
NOTE: All Persons wishing to speak on
any agenda item must re'gister with the
County Administrator prior to presenta-
tion of the agenda item to be addressed.
Individual speakers will be limited to 3
minutes on any item. The selection of an
individual to soeak on behalf of an orga-
nization or group is encouraged. If rec-
ognized by the Chair, a spokesperson for
a gr.oup or organization may be allotted
10 minutes to speak: on an item.
Persons wishin~ to have written or
graphic materials Included in the Board
agenda packets must submit said material
.
a'minimum of 3 weeks prior to there::
spective public hearjng. In any caSe.. writ-
ten materials intended to be cOnS.ldered
by the Boardshall'J~e. sublT)itted to the
".t appropriate: Cciur.1tf"staff a minimum. of
. seven days prior to the public hearing.
All material used in presentations before
the Board will beeomea permanent part
of the record. . .
Any person who dec!des to appeal a de-
cision of the Board Will need areeord of
the proceedings pertaining:~~r.eto and
therefo;e, may need to 'ensuie.ffi~, a ver-
batim record of the proceedlng~,.t5\made,
which record. indudes the testjmp.ny an? i
evidence upon which the appeal IS based.'" .
If you are a person with a disability who
needs any accommodation in order to
participate in this proceeding; you are: en-
-.titled, at no cost to you. to the prOVISion
of certai n assistance. Please contact the
Collier County facilities Management De-
partment, located at 3301ra~iami Trail
East, Building W, Naples, FlOrida 34112,
(239) 252-B3BO. Assisted listening devie:,s
for the hearing impaired are available In
the County CommiSSioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWiGHT E. BROCK. CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
October 3,2009 N0181915S