Agenda 03/13/2012 Item #16K13/13/2012 Item 16.K.1.
EXECUTIVE 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.
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
Ordinance presently provides that for reconsideration of denials of land use matters, a request for
reconsideration may be made only by the petitioner, which request must be made to the County
Manager no later than 15 days from the date of the Board's action denying the original petition.
The request is jurisdictional, and no motion for reconsideration may be made by any member of
the Board where such a request by the petitioner was untimely. The present ordinance further
provides that any member of the Board who voted with the majority (or in the case of a rezoning
or change in land use designation, voted against) on the original action or petition 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.
The proposed amendment is limited to those situations where State or Federal submission and /or
approval schedules pertaining to the petition are extended within 6 months following the denial
of the original petition. The petitioner would initiate the process by a request for reconsideration
by Public Petition. At the conclusion of the Public Petition, the Board would first vote on
whether the facts and circumstances presented by the petitioner warrant the extension of
petitioner's time to request reconsideration. If so, on a second motion made by any
Commissioner, the Board by majority vote would then schedule a date certain on which the
action or petition will be reconsidered, which would take place no less than 14 days nor more
than 45 days from the date the motion is adopted.
This Executive Summary is being presented based upon Board direction from the February 28,
2012 meeting.
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 Jeffrey A. Klatzkow, County Attorney
Packet Page -1569-
3/13/2012 Item 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
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.
Meeting Date: 3/13/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/6/2012 9:07:58 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 3/6/2012 9:53:47 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/6/2012 11:57:10 AM
Name: OchsLeo
Title: County Manager
Date: 3/6/2012 1:26:25 PM
Packet Page -1570-
3/13/2012 Item 16.K.1.
Sec. 2 -42. - 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 15 days from the date of the Board's action denying the original petition. Except as provided
below, 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. If State or Federal submission and /or approval
schedules pertaining to the petition are extended within 6 months following the denial of the original
petition upon Public Petition initiated by the petitioner, the Board may extend petitioner's request for
reconsideration by majority vote and on a second motion made by any Commissioner, place the issue of
reconsideration for 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.
(c) Motion for reconsideration by a Board member who voted in the majority. Any member of the Board
who voted with the majority (or in the case of a rezoning or change in land use designation, voted against)
on the original action or petition 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 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.
(d) Action on motion for reconsideration. The Board shall either act on the motion for reconsideration at
the meeting at which such motion is made or may table the motion for no longer than the next regular
meeting of the Board. If the motion is not finally acted upon by the adjournment of the next regular
meeting of the Board after the motion has been made, it shall be deemed to have been denied.
(e) Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the County
Manager shall schedule the petition on the agenda for the regular Board meeting which was specified in
the motion for reconsideration, or if no date is specified then on the second regular Board meeting
following the meeting at which the motion is granted.
(f) No hearing or debate on motion for reconsideration. A motion for reconsideration shall not require
public hearing, and neither the petitioner nor any other person shall have the right to address the Board
considering the merits of such a motion. However, the Board may request information of the petitioner,
Packet Page -1571-
3/13/2012 Item 16.K.1.
the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of
this provision is to prevent either the petitioner or any other person from debating the merits of the petition
prior to its full consideration at a regularly scheduled Board meeting where the petition is reconsidered.
(g) [Procedures outlined.] The procedures outlined herein shall not constitute an administrative remedy,
and the defense of failure to exhaust administrative remedies shall not be raised if a petitioner declines to
utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition.
The time period for seeking judicial relief following denial of those matters contemplated by subsection
(a)(2) of this section shall run from the time the Board votes on such matter, and a motion hereunder shall
not alter such time period.
(h) [Initial vote.] Where the initial vote was made after an advertised public hearing, any reconsideration
of such vote shall comply with all advertisement and notice provisions that were legally required for the
initial public hearing.
(Ord. No. 81 -54, § 2; Ord. No. 88 -41, § 1; Ord. No. 07 -50, § 2)
Land Development Code reference — Zoning amendments, § 2.7.2.
State law reference— Adoption of rezoning ordinances, F.S. § 125.66(5).
Packet Page -1572-