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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 ~....'...,..~ 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 -Cl_.Jln.\" __4_....l_'T'_~.6.\T:__.__.-4\1.,A ~___......~.__1___.nl"'f\1C n/""rV"\A(\(\\1'-: 01 ""^I"1r\1t..TC-'T:1t..1TOI 1""\ A A nr'")..T (\ In /" f\{\{'\ 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 ,-"~--<="-""",,,-,-,,--~,,,--~;"""""~~''"""'''''-~''.,.....~.-"~-~--,,,..-...-..._"'-_._.~.~-,.^._.__._,'_.~