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AUG 0 9 <br />1990 <br />- <br />Director <br />Keating felt that was a good point and advised <br />that <br />we will put in a buffer type requirement. <br />Mr. Falls commented that Sec. 911.16 - Administrative <br />Procedures, talks about notice when rezoning or amending the <br />ordinance and in all the paragraphs, it only talks about rezoning <br />not amending. <br />Attorney Collins advised that if you are amending the <br />ordinance, it applies countywide, and you wouldn't be notified. <br />Mr. Falls referred to Page 21 (6) Required Improvements and <br />noted that in the past if you developed to a density of less than <br />3 upa, the sidewalks, bike paths, etc., haven't been required. <br />Director Keating advised that is still an exemption in the <br />Subdivision Ordinance. <br />There was no further public comment on Chapter 911. <br />Chapter 953 - Fair Share Roadway Improvements. The <br />highlights of this Chapter are as follows: <br />CHAPTER 953 - FAIR SHARE ROADWAY IMPROVEMENTS <br />* MINOR CLASSIFICATION CHANGES <br />* FEE SCHEDULE ADDITIONS POSSIBLE (RECREATION USES) <br />Attorney Collins commented that we are currently under <br />threat of lawsuit for our marginal access road requirement <br />Hedin Jiffy Lube has not yet filed suit because they hoped the <br />Traffic Ordinance could be amended to allow for a traffic impact <br />fee credit when someone installed a marginal access road and <br />thereby provided a public benefit. They want at least some <br />percentage credit on the traffic impact fee. Case law in Florida <br />recently said you can only require marginal access roads to be <br />dedicated if it can be said that you have a reasonably immediate <br />need to build one. He believed if we had it in the 5 year <br />capital improvement plan to put in marginal access roads, we <br />62 <br />