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APR 195 . <br />8001( 60 F'.�E 497 <br />He felt this should be a cooperative situation; there will be a <br />considerable impact; and the developer should pay towards road <br />improvements. <br />Mr. Sullivan stated that the impact the Board is talking <br />about is not going to happen because the front part of the <br />property on U.S.1 will be sold to one person for development, and <br />that development doesn't affect Sixth Avenue; the other piece <br />will just linger there because no one will want it until the <br />county grows to such a point that it will be forced into changing <br />many of these areas into a commercial use. As to the price paid <br />for the right-of-way, Attorney Sullivan commented that apparently <br />the County Attorney and the appraiser thought -the County was <br />paying a fair price, and if the County didn't think it was <br />getting a fair price, it should have gone to court and got it for <br />less. Mr. Sullivan continued that the simple truth is that he <br />and Mr. La Fever tried to negotiate and couldn't, but the County <br />did get a benefit from this - they got a road - and he and his <br />partner are now willing to give even more road. Mr. Sullivan <br />again stressed that he and Mr. La Fever are willing to donate land <br />for the deceleration lane today, plus do everything they can to <br />keep the neighborhood nice - buffers, walls, etc., <br />Chairman Lyons emphasized that the Board would like to see <br />all this set in concrete, and just rezoning will not accomplish <br />that because there could be new set of owners involved tomorrow. <br />Mr. Sullivan asked how this can be accomplished. <br />Attorney Brandenburg wished to clarify some points. First, <br />he would not give the Board the opinion that the other triangle <br />ultimately will have to go commercial. Under Florida law, the <br />courts look at a rezoning from the view that an individual is not <br />necessarily entitled to the highest and best use of his property, <br />only a reasonable use depending on the times and circumstances, <br />etc. As far as the road right-of-way was concerned, he felt the <br />point Commissioner Scurlock was making was that had the county <br />waited a half year for that road to go through there and <br />42 <br />