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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