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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 Packet Page -455- 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 Packet Page -456- 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 Packet Page -457- 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 Packet Page -458-