SUBJECT:
Title
WALK ON: Presented on February 17, 2026, as Agenda Item 8.1.: Requesting Board Approval of an Agreement to Waive the Normal 12-Month Period for Refiling an Application for a Small Scale Plan Amendment and Concurrent PUD 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, and Related Civil Action, as Further Discussed Below
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
This item relates to Ms. Linda Capozzoli’s 2025 applications for a small-scale Plan Amendment and related PUD zoning request 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. 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 in order to be considered.
On January 14, 2026, the Board received the above-described Request for Mediation and Petition for Relief from Orlando 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, we have reached a proposed agreement. Basically, the agreement is that the Board waive the normal 12-month wait period following a denial, and that Ms. Capozzoli be allowed to submit new applications to the Board within 6 months, and that the Board waive a filing fee for the new applications. We will be able to provide the required hearing notices on-line under our new notice procedures - but we will still handle the mail-out notices. 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. Capazzoli’s updated application. This agreement will avoid the time and expense for perhaps a day of mediation, involving staff time, attorney time, and the cost of the mediator, at this time. This resolution contains no assurance that any new application will be approved by the Board. But, in the event the Board does not make a favorable decision on the updated application, then Ms. Capazzoli has 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.
This is a request for Board approval of the agreement in concept at this time, with the understanding that a written agreement signed by representatives of both parties in accordance with the terms outlined above will be brought back to the Board at the next Board meeting. This will enable Ms. Capazzoli to immediately direct that work begin on her new applications.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to Approve Agreement Waiving 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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Motion by Commissioner Stone, second by Vice Chair McClain, to approve agenda item 8.1. The motion carried 5 / 0.