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<br />9.B.4. PUBLIC DISCUSSION ITEM – FOWLER, WHITE, BOGGS, AND <br />RD <br />BANKER REQUEST TO DISCUSS 43 AVENUE WIDENING <br />PROJECT (KAREN BRODY) <br />Karen Brody <br />, Attorney from the law firm of Fowler, White, Boggs, and Banker of <br />Tallahassee, represents P& S Properties and the owners of The Colony. She gave a brief summary of <br />her background saying she had been with the Department of Community Affairs 14 years prior to <br />working with this firm. She reviewed the following: <br /> <br /> <br />a)The presentation at the May 17 and 18 Board meetings <br /> <br />b)The Comp Plan <br /> <br />c)The Land Development Regulations (LDRS) on concurrency <br /> <br />d)The 2001 Municipal Planning Organization (MPO) Plan <br /> <br />e)The 2001 Executive Summary of the MPO Plan. <br /> <br />Ms. Brody <br /> displayed a table showing the Transportation Improvement of the County <br />Comprehensive Plan and read Florida Statutes Section 163.3177.3(b) pointing out the decision not to <br />rd <br />widen 43 Avenue to five lanes meant changing the Comp Plan and that would require going through <br />the Comp Plan amendment process. The only exception to that process is the Capital Improvement <br />Ms. Brody <br />Element, and it is limited to certain situations. noted at the workshops the public talked <br />about safety. This was the #1 priority in Transportation Policy 1.3, Capitol Improvement Policy 1.2, <br />and safety was the #1 factor for planning the widening project. She stated the Board is mandated by <br />rd <br />state law and the Comp Plan to maintain levels of service already established; 43 Avenue is classified <br />at Level-D. She mentioned the Capital Improvement Policies 1.1, 1.5, 3.3, and 3.4 and Objective 5 that <br />mention firm commitments from the County to follow through with this project. Property owners are <br />entitled to rely on representation by the County because of these policies, and when you talk about <br />reliance there are going to be certain legal entitlements, i.e. equitable estoppel considerations and the <br />Ms. Brody <br />Bert Harris Act ramifications. asked the Board to reconsider their vote from May 17, <br />rescind that decision not to fund the project and go forward with it as stated in the Comp Plan. <br />JUNE 1, 2004 <br />21 <br /> <br />