Commission grants motion to reconsider Evans rezoning denial; rehearing to be re-noticed

The Dade City Commission voted 4–1 to reconsider its May 13 denial of an ordinance to rezone a property associated with the Evans rezoning matter, a procedural step the city attorney said is needed so the commission can receive additional legal analysis and factual presentations.

City Attorney Mister Brackens asked the commission to permit a motion for reconsideration of the denial on the grounds that the record and staff presentations did not include a full explanation of the legal analysis applicable to the applicant’s changed rezoning request. Brackens explained that under Robert’s Rules the motion for reconsideration must be made by a commissioner who voted with the prevailing side and must occur at that meeting or the next session; under Florida law a zoning change requires re-noticing and cannot be decided the same night. If the motion passes, the item must be re-posted and can be heard at a later meeting (staff indicated June 10 as a possible date if the motion is approved).

Commissioner Church made the motion to reconsider and Commissioner Cosentino seconded. Commissioners who voted yes said they wanted to ensure the commission had a full legal briefing and the complete factual record before making a final decision; Mayor Pro Tem Woodard voted against the motion. The motion passed 4–1.

City Attorney Brackens said the reconsideration would allow staff and counsel to present a fuller legal explanation related to a change in the applicant’s requested zoning category and to reduce the risk of costly litigation.

Because the item constitutes a zoning change, Brackens said it must be re-noticed to the public under Florida law; staff said if the commission votes to reconsider tonight property posting can begin the following day and the item can return for hearing on the advertised date.