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Attorney DeBraal again opined that he did not think the Board would be able to make CJM come up to new standards that they have not passed. If the Board denied the extension, thereby forcing them to bring their project up to the new standards via a new application, their argument would be you are treating us differently than you treated others before us. Discussion ensued on whether it is unfair to give an extension. Joseph Paladin, Chairman, Growth Awareness Committee (GAC) \[a private sector group\], related that he has been working with CJM communities making sure requirements come up to Growth Awareness Committee’s expectations. CJM have agreed to make the A&B type buffers where they can; they have got sidewalks on both sides of the road; they have agreed voluntarily to meet all the requirements and they have asked GAC to look at their plans. They have come up with those standards in most cases, if not all, and exceeded them in some. Mr. Paladin felt comfortable with the plans they showed him. The landscaping they have laid out is very dense and high-end. They are willing to do whatever they can to satisfy us. Commissioner Lowther inquired whether they were willing to do what Commissioner Wheeler is proposing. Mr. Paladin answered, “Yes”. Attorney DeBraal offered more pointers for the Board to consider for a site plan extension approval: (1) First, the effect any delay in the proposed project construction and completion has on the concurrency management system; and (2) the impacts of having any new and existing regulations applied to the project. The Board of County Commissioners may attach conditions to a site plan extension approval that further the intent and purpose or satisfy the requirements of any comprehensive plan policies or land development regulations. Charles Siemon , 433 Plaza Real, Boca Raton, Counsel to CJM, spoke in support of his client’s application. He noted that a rejection or denial of the application would have draconian impacts on their financial ability to perform on this. The delay in going back through the site plan process, given the progress of this application; working diligently with staff who has other obligations to meet, would have a significant adverse impact on them. He urged the Board to approve the extension and let them continue to work with the community. David Ofstein , CJM Director of Planning and Land Development, has been working on some of these permits, with the City, before the site plan went in. Timing is critical to their being able to perform immediately. He related how they were delayed, in particular when they were issued a storm-water permit which prevented them from clearing the land only three weeks before the site plan expired, which had been submitted a year before. They have all the permits and final construction documents; the land clearing has begun; and, they have taken reservation deposits. Mr. Ofstein requested the Board to permit them to work under the current site plan and said if denied they would be faced with devastating financial hardships. May 16, 2006 17