CCPC Resolution 2023-01 CCPC RESOLUTION NO. 2023 - 0.1
A RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION ESTABLISHING A CONTINUANCE POLICY.
WHEREAS, on May 19, 1998, the Board of County Commissioners adopted Resolution No. 98-
167, which established procedures for presentations before the Board of County Commissioners and the
Collier County Planning Commission(CCPC); and
WHEREAS, Section 2-1159 of the Collier County Code of Laws and Ordinances provides that
"The Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure
for the transaction of business," and that "The Planning Commission may, from time to time, adopt and
amend bylaws and rules of procedure not inconsistent with the provisions of these regulations"; and
WHEREAS, the CCPC has recently seen a proliferation of continuances requested days before or
at the Planning Commission meetings; and
WHEREAS, the CCPC desires to provide efficient use of staff and the public's time by
establishing a continuation policy for petitions advertised and placed on the CCPC agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING
COMMISSION OF COLLIER COUNTY, FLORIDA, that the CCPC hereby adopts the Collier County
Planning Commission Continuation Policy attached as Exhibit "A" and incorporated by reference herein
as part of its rules of procedure.
J�h
THIS RESOLUTION ADOPTED after motion, second, and a majority vote this (c: day of
July , 2023.
ATTEST: COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
_ G�i-v
By:
ames French, Deputy Department Head Edwin Fryer, Chairman
Growth Management Division
Approved as to form and legality:
eid
i i Aon-Cicko 6-16-23
Managing Assistant County Attorney
Attachment: Exhibit A—CCPC Continuance Policy
[21-CMP-01105/1661393/1]
6/16/23 1 of 2
EXHIBIT A
Collier County Planning Commission Continuance Policy
The Planning Commission expects that every item that has been advertised, and public
notification has been given shall only occur when both staff and the applicant are prepared to
have the application heard by the Planning Commission.
Should either the applicant or staff wish to continue the item, they may do so by requesting a
continuance. The Request for Continuance shall be in writing unless made at the hearing and,
except for good cause shown, shall be signed by the party requesting the continuance. The
request shall state all the facts the requester contends justify a continuance. Requests first made
at the hearing must demonstrate exceptional circumstances which excuse the written request and
be accompanied by a certification of the date they first become aware of such circumstances.
If requested by the applicant, the Request for Continuance shall be e-mailed to both the
Zoning Director and the assigned planner as well as to each of the individual members of the
Planning Commission. If requested by staff, the Request for Continuance shall be e-mailed to the
applicant and each of the individual members of the Planning Commission. Both the applicant
and staff must appear before the Planning Commission at the advertised public hearing to
address the request for a continuance.
The Planning Commission may grant a Request for Continuance if and only if good cause is
shown. Good cause includes, but is not limited to,the following:
1. The unavailability of a party, counsel, or material witness due to death, illness, or
other extenuating circumstance.
2. Where the denial of a continuance creates a material and unavoidable hardship for the
requesting party.
3. Where the cause of the request was unforeseeable and not the result of dilatory
conduct.
If the Planning Commission determines by majority vote that good cause for a continuation
has been shown, then the item will be continued to a date no earlier than six weeks, with
discretion by the Planning Commission to hear it sooner. If the continuance is granted at the
applicant's request, the applicant will pay the continuance fee approved by the Board within the
adopted Fee Schedule (currently $500) together with any and all costs in readvertising the item,
if necessary. If the request for a continuance was at Staffs request, the County will pay all costs
in readvertising the item, if necessary. The purpose of the continuance fee is to partially
reimburse the County for the costs the County incurred arising from the hearing and is not
intended as a fine.
If the Planning Commission determines by majority vote that good cause for a continuation
has not been established, then the item will be heard as advertised. The Planning Commission
will weigh the inconvenience to the public in making its determination.
[21-CMP-01 1 05/1 66 1 393/1]
6/16/23 2 of 2