Resolution 2007-009
RESOLUTION NO. 07- ~
A RESOLUTION REQUIRING A VOTE OF FOUR-FIFTHS (4/5) OF THE
FULL BOARD OF COUNTY COMMISSIONERS FOR APPROVAL OF
CERTAIN TYPES OF SETTLEMENT AGREEMENTS RESOL VING
LAND USE DISPUTES OR LITIGATION
WHEREAS, the Board of County Commissioners Issues certain land use
approvals/development orders only upon a four-fifths (4/5) affirmative vote of the full Board of
County Commissioners; and
WHEREAS, certain settlements of land use disputes and litigation including, without
limitation, settlements of disputes arising out of the Bert J. Harris, Jr., Private Property Rights
Protection Act, Section 70.001, et. seq., Fla. Stat., may result in a claimant or plaintiff receiving
relief in the nature of a land use approval or development order that would otherwise require a
four-fifths (4/5) vote of the Board of County Commissioners if acquired through the regular land
use approval process; and
WHEREAS, the Board of County Commissioners has determined it is in the public
interest that land use disputes and litigation that may result in a claimant or plaintiff receiving
relief in the nature of a development order that would otherwise require a four-fifths (4/5)
affirmative vote of the Board of County Commissioners should be subject to the same super-
majority requirement for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Settlements of a land use dispute, land use claim or land use litigation that
effectively provide the claimant or plaintiff with development rights or approvals ordinarily
approved by a four-fifths (4/5) vote of the full Board of County Commissioners through the
regular land use process shall be approved by not less than a four-fifths (4/5) vote of the full
Board of County Commissioners.
This Resolution adopted after motion, second and majority vote this ~ day of
BOARD OF COUNTY COMMISSIONERS
OF COLL~IECQUNTY' ORIDA
//1 ~
BY: it -
J COLETTA, CHAIRMAN
~~~ ,2007.
ATTEST:
Dwight E. Brock, CLERK
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Approved a& to form and legal sufficiency:
Michael W. Pettit ~
Chief Assistant Count
h/publiclbcc agendalreso.supermajority