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HomeMy WebLinkAboutDocumentation_Regular_Tab 6B_11/14/1996 • r.; VILLAGE OF TEQUESTA off" 6 DEPARTMENT OF COMMUNITY DEVELOPMENT "' o Post Office Box 3273 • 357 Tequesta Drive ��o Tequesta, Florida 33469-0273•(407)575-6220 ; /a` Fax: (407)575-6239 CO M • VILLAGE OF TEQUESTA COMMUNITY APPEARANCE BOARD MEETING MINUTES OCTOBER 9, 1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Community Appearance Board held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Wednesday, October 9, 1996. The meeting was called to order at 9: 33 A.M. by Chair Leslie Cook. Boardmembers present were: Chair Leslie Cook, Vice Chair Vic Strahan, Paul Coben, Claudette Dalack, and Steve Parker. Alternate Molly McCormick was present and available to be seated if needed. Also in attendance was Joanne McCabe, Acting Clerk of the Board. II. APPROVAL OF AGENDA The suggestion was made to move Communications from Citizens on the agenda to be right after Approval of Agenda, beginning at the next meeting. The agenda was accepted as submitted. III. APPROVAL OF PREVIOUS MEETING MINUTES 1 . The minutes of the Community Appearance Board meeting of September 11, 1996 were approved as submitted. IV. NEW BUSINESS Recycled Paper Community Appearance Board Meeting Minutes October 9, 1996 Page 2 1 . An application from Mobil Oil, Ronald Lange/MDM Services, as agent, for the construction of a 3055 sq. ft. Mobil Oil service station with convenience store, car wash, and canopy at 764 U.S. One North. Ronald Lange explained that he was representing Mobil Oil and MDM Engineering, who was designing the . site which would consist of a joint venture with Blimpie' s Sandwich Shop for take-out only, a convenience store, car wash, and canopy at the corner of US Highway One and County Line Road. Mr. Lange explained that Mobil had conducted a marketing study which revealed that the number one concern of customers was security; therefore, all of their standard designs featured large glass windows so that customers could see the whole inside of the store when they were in their cars and could see their cars when they were inside the store. Also, the canopies were well-lighted for a further sense of security at night . Extra effort was made to keep the stores and stations clean. In response to questions regarding the roof material and whether the color would be solid or varigated, Mr. Lange showed the Board a sample of the tile which he explained had different color flakes in it, and which would be used for the whole roof. Building and sign colors were reviewed. Mr. Lange explained that Mobil would grant an easement to the Village to provide space for a Village of Tequesta sign, and the Village would provide that sign. Vice Chair Strahan questioned why the pump islands were at right angles to the road as opposed to angling the islands. Mr. Lange responded that they were designed both ways for different Mobil stations, and that usually it depended on stacking for traffic, so that apparently in this case the traffic engineer had determined this would be the best design for the site. Mr. Strahan commented that he believed this configuration would make it very difficult for customers to park parallel to the pump islands and that the islands were. a barrier to the regular traffic flow through the forecourt since no matter which entrance was used vehicles would have to make a left-hand turn to get in between the pump islands. Community Appearance Board Meeting Minutes October 9, 1996 Page 3 As a potential customer, Vice Chair Strahan suggested that the pump islands be angled to prevent this problem. Mr . Lange responded that he had no authority over the final design, and that each station was approved by Mobil . Vice Chair Strahan questioned where the tanker would park to deliver gasoline. Mr. Lange explained that a variance had been received from DOT to allow a 30-foot access striped to 24 feet to allow the tanker truck to enter the site off US One, and described the parking and exit patterns for the tanker. During further discussion, Mr. Lange advised that the site plan had been approved, and to that to take the time to make the suggested change to the pump islands would cause the project to fail, since the deadline for them to have their permits was November 1 . The material. on the ground around the building was described as asphalt, with some concrete areas in the island portions and in the road. Mr. Lange explained that only one landscape waiver had been requested, which was to the requirement for a 4-foot landscape buffer around the building. That waiver had been received from the Village Council . Discussion ensued regarding plant materials proposed. Boardmember Parker objected to the use of Beach Sunflower, which he indicated became really tough to maintain after the first year. Chair Cook expressed concern for using wax myrtles as a hedge material since their natural tendency was to grow into a big bush. Mr. Parker suggested that Simpson Stopper or Cocoplum could be used to mix into the wax myrtle hedge. After discussion, Mr. Lange requested that any plant chosen to be added . to the hedge have approximately the same rate of growth as wax myrtles. Mr. Parker suggested that heights of Cabbage palms be staggered from 14 ' to 18' rather than all at 16' . Mr. Lange reported that the new owner would have a maintenance service to take care of the landscaping to keep it well-maintained, and that Mobil was very big on keeping the landscaping well-maintained at their new stations. . Mr. Lange commented that he and the owner would be attending the Village Council meeting the next evening to request a change to their site plan approval. The location of the hedge was discussed. Mr. Parker Community Appearance Board . Meeting Minutes October 9, 1996 Page 4 indicated that .it would look nicer if the hedge was placed behind the retention pond. Discussion of relocating the hedge ensued. Ms. McCabe explained that the hedge was required within the 10-foot buffer. Mr. Lange commented that if the applicant had to request another waiver that they could not meet 'their November 1 deadline to have their permits in hand, and the property would revert to the original owner, bring the project to a halt. The board indicated that the issue would not be forced but that they would like to see the hedge behind the retention pond; however, as Ms. McCabe pointed out, the code still stated that there must be a hedge within the 10-foot buffer. Mr. Lange described the drainage system. Ms. McCabe responded to a concern of whether the hedge could be changed that as long as the native requirement was -met and the substitution met the intent of the code that a waiver would not be necessary. After further discussion, Boardmember Parker made a motion: Boardmember Steve Parker made a motion to accept the plans for the Mobil Gas Station on the corner of US One and County Line Road with the following recommendations or comments: 1 . Change the Beach Sunflower to Ilex Vomitoria Schellings Dwarf 2 . Change the Wax Myrtle hedge along US Highway One and County Line Road to Simpson Stopper 3. Change the Cabbage Palms from 16' overall to 14 ' to 18' overall and stagger the heights in the groupings Vice Chair Strahan seconded the motion. The vote on the motion was: Paul Coben - for Leslie Cook - for • Claudette Dalack - • for Steve Parker - for Vic Strahan - for Community Appearance Board Meeting Minutes October 9, 1996 Page 5 The motion was therefore passed and adopted. 2. An application from Shaw Properties for review of landscape plans for Ordinance #377 compliance for Plaza 222, 222 U.S. One South. (Rescheduled from September 11, 1996 meeting) Bob Shaw, President of Shaw Properties and owner of Plaza 222, explained that he had a very serious parking problem. His lease on a parking area owned by the Village had not been renewed because of Village plans to utilize that property in the new centralized garage construction project. Mr. Shaw explained that he had put the parking lot in on that property and had landscaped it, and that he was going to talk with Village officials after the meeting to see if he could buy a portion that the Village might not need. Mr. Shaw stated that if he could purchase a portion of the property, he would continue the hedge and would add Queen palms in the back. Chair Cook commented that the rest of the landscaping looked great except for one Queen palm and a bush that needed to be replaced. The fact that nothing was in conformance was discussed. Vice Chair Strahan suggested the addition of bushes in between the large Queen palms in the large center island to help break up their parking lot without losing any parking spaces . Mr. Shaw explained that . there were two handicap signs at that location that cars kept bending over with their front bumpers, and commented that he did not believe bushes would survive there because cars would keep hitting them. Discussion ensued. Chair Cook requested that the dead palm tree and a more healthy bush be substituted for the one that was in poor shape. Mr. Shaw stated that he would replace those items even though they were not on his property. Vice Chair Strahan stated that this property did not meet code in any way, and suggested that adding 4-foot high shrubs in the center island between the Queen palms might make the island more noticeable and prevent people from hitting the handicap signs. The bushes would be more Community Appearance Board Meeting Minutes October 9, 1996 Page 6 visible than the metal posts for the signs. Boardmember Parker requested that sod in front be replaced or filled in with groundcovers. Ms. McCabe advised that the Board had required islands and hedges in other instances and reminded the Board that consistency was needed. Boardmember Parker commented that the Board did not usually require that all code requirements be met when parking was at a premium. Mr. Shaw stated that cars used the back parking lot which had now been bulldozed and he had a major problem. Mr. Shaw stated that if the Village could bring their fence straight across, he might be able to purchase a small portion of the property. If that happened, Mr. Shaw commented that he would expand the hedge and add Queen palms, and for anything else he would return for approval. Mr. Shaw stated that he might have to relocate the dumpster. Boardmember Dalack left at this point in the meeting at 10: 27 A.M. , whereupon Alternate Molly McCormick replaced her on the Board. Ms. McCabe advised that any action by the Board needed to be based on Mr. Shaw' s property only and not on the portion he hoped to purchase. After discussion, Chair Cook requested that extra grass be added, that the dead tree be replaced, and that the unhealthy bush be replaced. Vice Chair Strahan cautioned that. the Board must treat this application as equitably as possible and be consistent. Vice Chair Strahan asked for bushes to be added in the center island. Mr. Shaw commented that he replaced all dead plants, but hoped the Board would not ask him to replace those bushes since he felt sure they would not survive because the cars would keep hitting them. Discussion ensued regarding what type of plants would work best in the island. The Board concluded that small trees would be best. Vice Chair Strahan questioned whether the Board would review the portion of property purchased if Mr. Shaw' s negotiations with the Village were successful. Ms. McCabe responded that if that happened Mr. Shaw would just continue the hedge around it. Community Appearance Board Meeting Minutes October 9, 1996 Page 7 Boardmember Parker made a motion to approve the landscape plan and landscape waivers for Plaza 222 with the following comments: 1 . Replace any dead sod in the front east side with new sod or groundcover 2. Replace dead Queen Palm on south aide. 3. Add two small trees, for example, East Palatka Hollys, in the landscape island in front, 10 to 12 foot height. 4 . Continue hedge along west side to buffer parking lot. Vice Chair Strahan seconded the motion. The vote on the motion was: Paul Coben - for Leslie Cook - for Molly McCormick - for Steve Parker - for Vic Strahan - for The motion was therefore passed and adopted. Boardmember Coben suggested that Mr. Shaw provide heavier support posts for the handicap signs . 3. An application from Howard F. Ostrout, Jr. b Associates, Landscape Architect, for review of landscape plans for Ordinance 41377 compliance for Inlet Professional Building, 175 Tequesta Drive. The following waivers were requested: • 1 . Nature 10' perimeter landscaping required, 6' to 17 ' proposed. Justification The landscape area in front of the building along Tequesta Drive meets Community Appearance Board Meeting Minutes October 9, 1996 Page 8 the required perimeter landscape code. We are proposing to construct two planting islands for trees and ground covers, to a width of six feet, 4 feet below the 10-foot perimeter landscape requirement. We are asking for this landscape waiver because of the inadequate amount of space to achieve the required parking. 2 . Nature 5' perimeter landscaping required, 0' to 3' proposed. Justification The existing pavement for the parking area goes to the western property line. The current parking bay width is already substandard and cannot be reduced further. The buildings, concrete and asphalt walkways, and building equipment are within the 5' perimeter landscaping on the north and east sides. There is no room for the additional landscaping on these sides . Just off site on the western boundary is an existing 4 ' high orange jasmine hedge with ten existing Live Oaks approximately 16 to 18 feet in height. Just off site on the northern property boundary is the proposed DiVosta project, which includes buffer hedging and trees, which should provide adequate landscape screening. 3 . Nature One 6' x 20' landscape island every ten parking spaces or fraction thereof required, none proposed. Justification In this area on the site there are twelve 9' x 18' parking spaces Community Appearance Board Meeting Minutes October, 9, 1996 • Page 9 proposed along with one handicapped space. The total parking provided on site is 30 spaces, with 31 spaces required. An additional ,planting island would reduce the parking by one additional space which would further lower the required number of parking spaces below code. 4 . Nature 4 ' wide planting strip required, none proposed. Justification The existing parking bay width is substandard and additional space for planting strips is not available. This condition is mitigated by the fact that there are planting strips immediately in front of the buildings with very attractive Ixora hedges. Howard Ostrout, Landscape Architect, explained that this building was built many years ago and was on a tight site for parking. Mr. Ostrout commented that through changes made . in parking areas by restriping for smaller size cars, he had been able to add landscape islands . Two islands had been added at the entrance on Tequesta Drive with two live oak trees and kunte planted underneath. Two other islands were added to the interior with similar plantings. Mr. Ostrout proposed that the dumpster now located on the asphalt be surrounded by a concrete block enclosure with a two gate system on the front, which would have aluminum slats to match the building. On the side of the dumpster walls, Cattley guava was proposed with underplantings of kunte. Mr. Ostrout commented that a row of live oak trees and a very full hedge existed along the property line of the adjacent bank, and the rear was bordered by the parking lot for the restaurant of the new DiVosta project currently under construction. The new DiVosta project included a hedge along that property line. The existing 30 parking spaces would be maintained. Chair Cook questioned why kunte had been chosen, and Boardmember Parker recalled that it had died • Community Appearance Board Meeting Minutes October 9, 1996 Page 10 when planted in the median on Indiantown Road. Mr. Ostrout advised . that those plants had been killed by a chemical problem, and that with proper planting and maintenance there should be no problems, since .he had used them successfully in many projects. Boardmember Parker suggested that Ilex be mixed with the kunte. Chair Cook explained that the Board worried about future maintenance, to which Mr. Ostrout responded that 'kunte was a native plant which grew in the wild with little or no care, and that he had proposed 210 kuntes on 18" centers. Mr. Ostrout commented that landscape was maintained very well at this site. Vice Chair Strahan commented that if the plants died they would have to be replaced. Boardmember Parker 'suggested a 50/50 mix of kunte and zambias in the interior of the property with Ilex up front. Mr. Ostrout reviewed the reconfiguration of the parking lot which was. done to provide planting spade, and was complimented by Chair 'Cook for using some compact spaces and respacing parking to obtain the space for planting areas. Boardmember Parker made a motion to approve the landscape plan and landscape waivers for Inlet Professional Building with the following comment: • To change the two front islands along Tequesta Drive from Kunte to Ilex Vomitoria. • Vice Chair Strahan seconded the motion. The vote on the motion was: Paul Coben - for' Leslie Cook - for Molly McCormick - for Steve Parker - for Vic Strahan - for The motion was therefore passed and adopted. Chair Cook questioned Mr. Ostrout on the status of the • Community Appearance' Board Meeting Minutes October 9, 1996 Page 11 Rinker landscaping, to which Mr. Ostrout responded that Rinker was operating under a special permit since their operation in that location did not meet current zoning code, and therefore the Village should have a lot of clout to get them to install their landscaping. Mr. Ostrout commented that Rinker was talking about phasing the landscape improvements. Ms. McCabe reported that the Building Official had been working with Mr. Porter of Rinker and she was not aware •of the outcome, but commented that there had been a difference of opinion regarding the phasing. Ms. McCabe indicated that Rinker was requesting three phases, with Phase 3 beginning in April of 1998; and that the matter would be turned over to Code Enforcement if Rinker did not comply. 4 . An application fran Howard F. Ostrout, Jr. & Associates, Landscape Architect, for review of landscape plans for Ordinance #377 compliance for Stop & Shop, 391 Seabrook Road. The following waivers were requested: • 1 . Nature 5 foot perimeter landscaping required, 2 feet proposed. Justification The Stop and Shop building, asphalt _ paved delivery drive, and concrete ' service equipment pads currently exist within the proposed 5-foot landscape perimeter. These improvements cannot be removed. 2 . Nature 5 foot perimeter landscaping required, 5 foot to 18 inches • proposed. Justification Parking, backup drive area, and concrete equipment pads currently exist within . the proposed 5-foot perimeter landscaping and cannot be removed without losing parking and drive area. Community Appearance Board Meeting Minutes October 9, 1996 Page 12 3 . Nature A 25-foot entry drive is required, 36 feet wide proposed. Justification Because of the tight configuration of the site the wider drive is required to access the limited number of parking spaces. 4 . Nature 10-foot perimeter landscaping required, none proposed. Justification Because of the tight configuration of the site, the existing parking spaces, backup areas and drive, and curbing, the site is developed to the property line, leaving no possible areas for planting. The proposed required hedging and trees would be installed adjacent to the property boundary within the road right-of-way as currently exists. 5 . Nature 10 foot perimeter landscaping required, 10 fodt to zero feet proposed. Justification Because of the tight configuration of the site and limited number of parking spaces, one parking space occurs within the proposed 10-foot landscape perimeter. 6. Nature 25-foot access drive is required, 45-foot drive is proposed. Justification Because of the tightness of the site, proximity of the access drive to the inner section of Dover Road and Seabrook Road, and the existence of a parking space adjacent and parallel to the property line, the existing drive is 45 feet wide. This width is consistent with the Community Appearance Board Meeting Minutes October 9, 1996 Page 13 width of the parking and backup area and accommodates the entrance and existing of both delivery and customer vehicles more safely than if the drive were limited to the eastern 25 feet closest to Seabrook Road. 7 . Nature 4-foot landscape strip required in front of retail buildings, none proposed. Justification Because of the tightness of the site and the existing drive, parking areas, and concrete walk accessing the store, there is no room to accommodate the 4-foot planting strip. Howard Ostrout, Landscape Architect, explained that this application had originally been submitted approximately eight months ago just prior to beginning of construction on Constitution Park. The plan was withdrawn until the Village had completed improvements which affected this property, one of which was the sidewalk along Seabrook Road and revision of the 40-foot entry drive to the code- required width of 24 feet. Also, along the side, there would be a future Village project of a sidewalk to go to the park and at that time the entry on that side would be narrowed. Mr. Ostrout described the proposed improvements for the property, and explained that the building was built many years ago and did not meet current setbacks, and also commented that the rear of the building was within what should be the rear landscape buffer. Improvements were proposed for all areas which were possible for installation. Parking was very tight in the front parking lot, however, enough space had been gained for planters. Existing trees would remain, two additional Live Oaks were proposed, as well as a new sidewalk going to the south and to the west to connect with the dumpster area. In one section, old asphalt would be removed and Community Appearance Board • Meeting Minutes • October 9, 1996 Page 14 the area sodded. New hedges would be 'added to the north side along the dumpster, along, the property line of Constitution Park, along the side, and along the front sidewalk. The north side hedge would be extended. Chair Cook requested that Mr. Ostrout pass on to the . owner a recommendation to pressure clean the building. Boardmember Molly McCormick left at this point in the meeting, 11 A.M. Discussion ensued regarding various ideas, which resulted in the following conditions and suggestions as listed in the motion. Boasember Parker made •a motion to approve the landscape plan and landscape waivers for Stop and Shop store with the following recommendations: • 1 . Add gates to the south side of the dumpster enclosure. • 2. Pressure clean building and roof. 3. Allow hedge to grow .to 5' minimum on south and west sides to buffer the dumpster area. The motion also included the following conditions of approval: 1 . Add one East Palatka or Dahoon Holly on north end of parking lot, 10 to 12 foot in height. 2 . Expand the hedge from the north property line to the front corner of the building to screen the side of the building, leaving a 2-foot opening on the north side. 3. Add three Cabbage Palms on the south side of the building, with staggered heights of 14 to 18 feet. Community Appearance Board . Meeting Minutes October 9, 1996 Page 15 • Vice Chair Strahan seconded the motion. The vote on the motion was: • Paul Coben - for Leslie Cook - for Steve Parker - for Vic Strahan - for The motion was therefore .passed and adopted. Mr. Ostrout commented that the improvements should begin • within 30 days after approval by the Village Council as required by code, and that the owner had been waiting for approval to find out what he needed to do. Mr. Ostrout explained that the doctor he had dealt with on the Inlet Professional Building had expressed his intent to move forward quickly with their improvements. 5. An application from Parker-Yannette Design Group, as agent, for review of landscape plans for Ordinance #377 compliance for the Cologne Motel, 220 U.S. One North. Steve Parker stepped down from the Board to present this item, which left a quorum of three Boardmembers. Mr. Parker introduced Ann Curtis, owner of the Cologne Motel. Mr. Parker reviewed the following requested waivers: North Property Line: 1. Ten (10) canopy trees, 12 ' ht. required. Nine (9) canopy trees, 12 ' ht. provided and one existing tree, 7 ' ht. East Property Line: 2 . Four (4) canopy trees, 12' ht. required. One (1) canopy tree provided. South Property Line: Community Appearance Board Meeting Minutes October 9, 1996 Page 16 3 . Five (5) canopy trees, 12 ' ht. required. One (1.) existing palm tree provided. Note: four (4) 18 ' ht . Oak trees are existing on the neighbor' s property line. 4 . A 2 ' ht. Hedge for 130 linear feet is required. A 2' ht. Hedge for 15 linear feet is provided. Note: A Wax Myrtle and Hibiscus hedge is provided on the neighbor' s property line. West Property Line: 5. A 2 ' ht . hedge for 50 linear feet is required. A 2 ' ht. hedge for 32 linear feet is provided. Other: 6. A 6' x 20' landscape island required every ten (10) parking spaces . One (1) landscape island with one (1) canopy tree required. Non provided. 7 . The landscape and irrigation installation shall be phased over four (4) years. 8 . Access ways from public right-of-way maximum 24' in width. 29' wide existing access way. Mr. Parker explained that additional plants were proposed above those required, and that native planting requirements had been met. Ms . Curtis explained that there was a problem with dumpster access since it had been moved to get it away from the picnic area, so that she was considering moving it again. Discussion ensued regarding what might be done . Ms. Curtis commented that she had Sunburst Sanitation instead of Nichols and was not sure why, and explained that she had tried to get that changed. Ms . McCabe advised that Nichols had an exclusive franchise on commercial business for the Village, and that she would look into the matter. During discussion regarding landscaping in the front, Ms. • Community Appearance Board • • Meeting Minutes October 9, 1996 Page 17 • Curtis explained that not much was proposed since she planned to add another motel building with 22 units, 3 stories in height with parking underneath, and was - working to determine whether it would be cost effective. Therefore, she requested that any plantings required in the front be the least expensive available, since they would only be temporary. The Board recommended addition of three Sabal palms to be placed behind the entrance sign if Ms. Curtis' budget would accommodate them. - Ms . Curtis described a preserve area adjacent to the picnic area, where scrub jays, deer, and other wildlife existed; and expressed concern that someone was gradually clearing the area, which was a threat to the animals. • Ms. McCabe pointed out that was Dorner property. Concern was expressed that possibly gradual clearing was being done with the intent of eliminating the wildlife habitat before applying for any development permits. Chair Cook stated that she would take a photograph of the preserve. Boardmember Coben made a motion to accept the landscape plan as submitted for the Cologne Motel, 220 U.S. One North, with the following recommendations: 1. That some consideration be given to relocating the dumpster to the north side of the driveway if it can be placed at an angle so that trucks can remove trash. 2. Consider exchanging dumpster site with picnic area site. 3. Consider adding cluster of palms west of the motel sign. Vice Chair Strahan seconded the motion. During discussion of the motion, it was determined that dumpster access from the south was not possible. The vote on the motion was: Paul Coben - for • Leslie Cook - for Community Appearance Board Meeting Minutes October 9, 1996 Page 18 Vic Strahan - for The motion was therefore passed and adopted. V. UNFINISHED BUSINESS Steve Parker rejoined the Board. Vice Chair Strahan reported that the Board had agreed to give DiVosta leeway in the trees to be installed at the entrance to Tequesta Oaks, and that the trees which had been • installed exceeded expectations--that they were very large and were gorgeous . Vice Chair Strahan reported that the owners of the property on Bridge Road where the innovative parking had been designed by Mc. O'Mahoney had evidently decided not to do it since the entire parking lot had recently been reasphalted and the proposed cutouts had not been made. Vice Chair Strahan expressed concern that the Village might be in for a fight. Ms. McCabe commented that she would inspect the site. Vice Chair Strahan reported that the Goodyear tire store had done nothing about their plants. Mr. Parker commented that they had added irrigation after the plants had died. The Board requested that Ms. McCabe notify Officer Davis of this situation. It was pointed out that Mr. Brodell' s oak trees had been trimmed into a ball again. Chair Cook read aloud her letter to Mr. Brodell requesting proper pruning practices. A request was made that she add a sentence asking that the Ilex also be allowed to grow naturally. VII. COMM4UNICATIONS FROM CITIZENS There were no communications from citizens. VIII. ANY OTHER MATTERS There were no other matters to come before the Board. • Community Appearance Board Meeting Minutes October 9, 1996 Page 19 IX. ADJOURNMENT The meeting was adjourned at 11 : 58 A.M. Respectfully submitted, ,SzAirezy Betty Laur Recording Secretary ATTEST: Joa9ne McCabe Acting Clerk of the Board DATE APPROVED: