SUBJECT:
Title
Request Approval of a Settlement Agreement to Waive the 12-Month Period for Refiling an Application for a Small Scale Plan Amendment and Concurrent Planned Unit Development Rezoning, and to Hold in Abeyance a Pending Request for Mediation Pursuant to Section 163.3184(4), Florida Statutes and Petition for Relief Pursuant to Section 70.51, Florida Statutes (“FLUEDRA” proceeding), Regarding Applicant, Linda Capozzoli
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
This item relates to a walk-on item from February 17, 2026, regarding Ms. Linda Capozzoli’s 2025 applications for a small-scale Plan Amendment (25-S15) and related Planned Unit Development (PUD) zoning request (251209ZP) for her approximate 19.75-acre property (parcel number 35460-039-00) located at the northwest corner of SW 80th Street and SW 72nd Court, approximately 0.6 miles west of SR 200. At the final Board hearing on December 16, 2025, the Board denied the small-scale Plan Amendment. Ms. Capozzoli then withdrew the PUD zoning request, as it needed the Plan Amendment to be considered.
On January 14, 2026, the Board received the above-described Request for Mediation and Petition for Relief from Attorney Christopher Roper on behalf of Ms. Capozzoli. Mr. Roper also filed a Complaint for Declaratory and Injunctive Relief in the Circuit Court challenging the Board’s denial action - but this is being held in abeyance pending the outcome of the above-referenced requests. The request for Mediation and Petition for Relief, and the civil action, assert both procedural and substantive claims.
In negotiations with Mr. Roper, a proposed agreement has been reached. The agreement provides that the normal 12-month waiting period following a denial be waived, and that Ms. Capozzoli be allowed to submit new applications to the Board within six (6) months. The agreement also waives the filing fees for the new applications; the required hearing notices can be provided on-line under the County’s new notice procedures, but mailing notices is still required. The pending Request for Mediation and Petition for Relief, as well as the civil action, will be held in abeyance pending the outcome of Board action on Ms. Capozzoli’s updated application. This agreement will avoid the time and expense of mediation, involving staff time, attorney time, and the cost of the mediator. This resolution contains no assurance that any new application will be approved by the Board. In the event the Board does not make a favorable decision on the updated application, Ms. Capozzoli retains the right to reactivate those proceedings that are being held in abeyance and revise them as may be applicable to reflect the Board's decision on the updated application.
At the February 17th meeting, the County Attorney requested Board approval of the agreement in concept, with the understanding that a signed agreement per the terms outlined above be brought back. Board approval of this agreement enables Ms. Capazzoli to immediately direct work to begin on her new applications.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to approve the Settlement Agreement waiving the 12-month limitation for re-filing of Ms. Linda Capazzoli’s applications for small-scale plan amendment and PUD rezoning, and holding in abeyance her pending Mediation Request, Request for FLUEDRA Proceeding, and civil action.
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