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11 SANDERLING SUBDIVISION REQUEST FOR RETURN OF FUNDS IN LIEU OF DEDICATION OF ACCESS The Board reviewed the following memo dated 6/27/88: TO: The Board of County Commissioners FROM: ",C, William G. Collins If - Assistant County Attorney DATE: June 27, 1988 SUBJECT: Demand by Associates Management Group, Inc. On June 22, 1988 this office received a demand letter from Associates Management Group, Inc., the developer of Sanderling Subdivision for return of the $27,000.00 payment in lieu of dedication of a 15 -foot access easement. An access easement to water bodies is required under the subdivision and platting ordinance, design standards Section 10(r), of every subdivision which fronts along the Atlantic Ocean, the Intercoastal Waterway, the Indian River, or any other natural water body for distance of 600 linear feet. Associates in February of 1985 elected to make an "in lieu Of" payment rather than make a dedication of an access easement to the Atlantic Ocean at Sanderling Subdivision as required by the design standards of the subdivision and platting ordinance. Richard Candler, attorney for Associates Management, states as the basis of the developer's claim for refund the following (see attached letter): 1. A taking under Nollan, a 1987 Supreme Court case. 2. An equal protection violation for discriminating against waterfront developers. 3. An illegal impact fee. Associates Management Group, Inc. is threatening suit if they are not paid $27,000.00 plus interest from the date of payment (presumably sometime in early 1985). It is my feeling that the County's design standard is defensible as to the first two points, and that calling a design standard as an impact fee is a mischaracterization. I recommend against refund. This should be litigated if necessary. , 46 Boor 73 FnuL 10 9