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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 -~--- Page 1 of 1 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 .- i Words Underlined are added; Words Struck Throuf;h are deleted. I I Page I of2 ____".__.._.._.._m__...._.__.......... ---.-----.. Agenda Item No. 16K7 September 29,2009 Page 4 of 4 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. --- 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. Page 2 of2 --....