Agenda 02/28/2012 Item #10C2/28/2012 Item 10.C.
EXECUTIVE SUMMARY
Request for authorization to advertise and bring hack for future consideration an
ordinance amending Ordinance No. 75 -16, as amended, as it relates to procedures for
reconsideration of agenda items.
OBJECTIVE: To bring back the Immokalee Area Master Plan Amendment for rehearing by
the Board, which will first require amending the Board's reconsideration procedure.
CONSIDERATIONS: The relevant portion of Ordinance No 75 -16, as amended, is codified in
the Code of Laws and Ordinances as Section 2 -42 — Reconsideration of land use matters. The
proposed amendment extends the applicant's time to request a rehearing of a denial of a land use
item from 15 to 180 days, and allows any member of the Board to make the motion for
reconsideration, irrespective on how they voted on the original hearing. A copy of with the
proposed amending ordinance is attached.
Although this request is being made for the important public purpose of bringing back the
Immokalee Area Master Plan Amendment for a new hearing, this change will impact the
possible reconsideration of all future denials of land use items.
FISCAL IMPACT: Approximately $250 for costs of advertising.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorizes advertisement
of the proposed amendment to Ordinance No.75 -16, as amended, for future consideration.
Prepared by Jim Coletta, Commissioner, District 5
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2/28/2012 Item 10.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.C.
Item Summary: Request for authorization to advertise and bring back for future
consideration an ordinance amending Ordinance No. 75 -16, as amended, as it relates to
procedures for reconsideration of agenda items. (Commissioner Coletta)
Meeting Date: 2/28/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
2/22/2012 10:56:43 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
2/22/2012 10:56:44 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 2/22/2012 12:16:18 PM
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2/28/2012 Item 10.C.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 75 -16, AS
AMENDED, IN ORDER TO REVISE PROCEDURES FOR
RECONSIDERATION OF LAND USE MATTERS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75 -16 which established the time, place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75 -16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to amend Ordinance No. 75 -16, as amended, as it relates to
a request for reconsideration by a petitioner and a motion for reconsideration by a Board member.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO.75 -16, AS
AMENDED.
Section One is hereby amended as follows:
7. Reconsideration of land use matters
a. Applicability. Any matter in which the Board of County Commissioners or Board
of Zoning Appeals, as the case may be, has denied a request to change the land use designation of
a parcel of land, a request for site specific rezone initiated by a petitioner or his or her agent,
variance, conditional use, license, permit or other land use - related request.
b. Request for Reconsideration by Petitioner. A request for reconsideration may be
made only by the petitioner. The petitioner may request reconsideration of a petition in writing to
the County Manager no later than 43 180 days from the date of the Board's action denying the
original petition. This request shall be jurisdictional, and no motion for reconsideration may be
made by any member of the Board where such a request was untimely.
C. Motion for reconsideration by a Board member . Any
member of the Board Mie N,eted with the fnajefit�, (of in the ease of a Amgeifl land
use designation, veted against) en the ' aetien of petitie may move for a reconsideration of
the action or petition at any regular meeting of the Board within 15 days of the date of the request
for reconsideration. If no regular meeting of the Board occurs within 15 days of the request for
reconsideration, the Board member may move for a reconsideration of the action or petition no
Underlined text is added; SWdek4hfeuggh text is deleted
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2/28/2012 Item 10.C.
later than the first meeting of the Board that follows the County Manager's receipt of the request
for consideration. This motion shall be made during that portion of the Board's agenda entitled
"Board of County Commissioners." If no motion for reconsideration is made during this time
period, the request shall be deemed denied. The motion may specify a date certain on which the
action or petition will be reconsidered, but in no event shall such reconsideration take place less
than 14 days nor more than 45 days from the date the motion to reconsider is adopted.
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 52012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Underlined text is added; Swasl gk text is deleted
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