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ORDINANCE NO. 2002-004 4. PRELIMINARY PLAT APPEALS [913.07(4)(G)] LDR Section 913.07(4)(G) is hereby amended to read as follows: "(G) The Board of County Commissioner's consideration of appeals of planning and zoning commission preliminary plat decisions. An appeal may be filed by: (1) The applicant; (2) County administration; (3) Any aggrieved person or group with an interest that will be affected by the project. An appeal of a decision on a preliminary plat must be filed with the community development department within twenty-one (21) to "n` wer- inn days of the meeting wherein the decision appealed was rendered. Upon receipt of an appeal from the applicant, the county administrator will place the preliminary plat application and all recommendations on the agenda of a regularly scheduled meeting of the board of county commissioners for consideration within thirty (30) days. The board of county commissioners will conduct a de novo hearing. The procedures of section 902.07(3.) shall apply and the Board of County Commissioners shall make finding with respect to the criteria of section 902.07(4). Any appellant must receive three (3) affirmative votes from the board of county commissioners." 5. APPEALS OF PLANNING AND ZONING COMMISSION REZONING APPLICATION DENIALS [902.12(4)(d) & (e)] LDR Section 902.12(4)(d) and (e) are hereby amended to read as follows: " (d) Appeals of decisions by the planning and zoning commission to deny a rezoning application. Any applicant who is aggrieved by a decision of the county planning and zoning commission regarding denial of a rezoning application may file a written notice of intent to appeal the county planning and zoning commission decision with the director of the community development department, the chairman of the county planning and zoning commission, and the chairman of the board of county commissioners. Such appeal must be filed within fifteen (15) twenty-one (21) days of the decision of the county planning and zoning commission. (e) Action by the Board of County Commissioners. Upon receipt of the recommendations from the county planning and zoning commission, or upon receipt of a written notice of of intent to appeal, the Board of County Commissioners shall consider the proposed change, amendment or rezoning application and appeal within forty-five (45) days of the submission of said recommendations or written notice of intent to appeal, at an advertised public hearing as required by F.S. 125.66. An appeal of a denial of a rezoning application shall be heard de novo. Coding: Words in ......fig" are deletions from existing law. Words underlined are additions. 5 UILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\90207-91406-91413-91307.DOC