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Board of County Commissioners Meeting Minutes - Final June 2, 2020 <br />9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES <br />10. PUBLIC ITEMS <br />A. PUBLIC HEARINGS <br />B. PUBLIC DISCUSSION ITEMS <br />C. PUBLIC NOTICE ITEMS <br />It. COUNTY ADMINISTRATOR MATTERS <br />11.A. 20-1587 Vero Beach MOB, LLC; Appeal of a County Officer Decision <br />Recommended Action: The Board is tasked with hearing and responding to the appeal. Staff recommends <br />that the Board of County Commissioners deny the appeal presented by Vero Beach <br />MOB, LLC, since the site related improvements do not qualify for traffic impact <br />fee credits in accordance with Section 1010.04 of the County Code. <br />Aftachments: Staff Report <br />Attach 1 - CDD Application Denial <br />Attach 2 - Optimal Outcomes Appeal Request <br />Attach 3 - County Administrator Denial of Appeal <br />Attach 4 - IRC Code Section 1010.04 <br />Attach 5 - Vero Orthopaedics MOB second appeal <br />Patrick Marston, representative for Vero Beach MOB, LLC (Applicant), appeared <br />before the Board to appeal the denial of an application for a traffic impact fee credit <br />in the amount of $212,488.95. He explained that the project's required roadway <br />improvements had been previously ruled as site related, which the County's code <br />excluded from being eligible for credit. Mr. Marston then stated that the Applicant <br />disagreed with the County's interpretation of the code, and provided the rationale <br />for believing the improvements were capacity related, and thus entitled to an impact <br />fee credit. <br />County Administrator Jason Brown used a PowerPoint presentation to substantiate <br />the reasons behind the County's denial. He referred to Section 1010.04 of the <br />County code which defined site -related improvements, as well as other location <br />requirements the project did not meet. The presentation concluded with examples <br />of similar, non -qualifying roadway improvements. <br />Commissioner Flescher received clarification regarding timelines, delays, and the <br />cost of improvements. Discussion ensued between Commissioner Zorc and staff <br />Indian River County Florida Page 5 <br />