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AUTHORIZATION TO INITIATE LEGAL ACTION AGAINST STATE DEPT, OF GENERAL SERVICES FOR NON-PAYMENT OF TRAFFIC IMPACT FEES IN CONNECTION WITH A DORMITORY FACILITY ON LUNDBERG ROAD TO: The Honorable Members DATEJanuary 26, 1987 FILE: of the Board of County Commissioners SUBJECT: REQUEST TO INITIATE LEGAL ACTION AGAINST THE STATE DEPARTMENT OF GENERAL SERVICES FROM: Robert M. PlanninKDevelop g & P ment REFERENCES: STATE DEPT Planning Director DISK: IBMIRD It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 27, 1987. DESCRIPTION & CONDITIONS In August, 1986, the Florida Department of General Services submitted a site plan and special exception permit application to construct a dormitory facility adjacent to the Meuller Center Campus of the Indian River Community College, located west of Kings, Highway and south of S.R. 60. The site plan was reviewed by staff, and several sets of revised plans were submitted by the applicant to the County. After all technical site plan requirements (except right-of-way dedication) were met by the applicant, public hearings on the special exception use were scheduled before the Planning and Zoning Commission and the Board of County Commissioners. On December 9, 1986, the Board of sidered the special exception use with input from representatives of Services, the Board approved the supported staff's request that th dating dedication of right-of-way proved by the Planning and Zoning condition) be imposed. County Commissioners con - request. At that time and -the Department of General special exception use and e site plan condition man - by the applicant (not ap- Commission as, a site plan Procedurally, an applicant who obtains site plan approval (and special exception approval, if necessary) must meet any con- ditions imposed upon the approval, provide evidence that all jurisdictional agency permits have been obtained, get the site plan released, pay the traffic impact fees, and get a building permit. In this case that has not occurred. Because the Department of General Services is a state agency, it was able to obtain a state building permit. In bypassing the County's Building Department, the applicant has been able to start construction without dedicating the necessary right-of-way and without paying the applicable traffic impact fee. ALTERNATIVES & ANALYSIS By initiating construction without complying with County conditions and without paying the traffic impact fee, the 98 JAN 6 9, W7 BOOK '7 F,A it8�