LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

May 05,2009

 

ART GRAHAM, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, May 05,2009.  The meeting was called to order at 5:05 P.M. by Committee Chair Art Graham.  The meeting adjourned at 7:05 P.M.

 

 

 

            Members in Attendance:                                                                    Staff Attendance:

 

            CM Art Graham, Chair – Excused 6:43                                              Merriane Lahmeur, Legislative Aide

            CM Stephen Joost, Vice Chair – In chair at 6:43                                Marilyn Allen, Legislative Aide

            CM Reggie Brown                                                                               Shannon Eller, General Counsel

            CM Johnny Gaffney                                                                            Rick Campbell, Research Asst.

            CM Ray Holt                                                                                       John Crofts, Planning Director

            CM Don Redman                                                                                Sean Kelly, Zoning Administrator

            CM Jack Webb                                                                                    Folks Huxford, Sr. Planner

                                                                                                            Ken Avery, Principal Planner

     Kenneth Browning, Sgt-at-Arms

 

 

 

 

 

Others in Attendance:

 

 

CM Clark  (2009-250)

CM Crescimbeni  (2009-325)

 

 

 

 

 

 

 

1.    2008-549   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2010 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMUNITY/GENERAL COMMERCIAL (CGC) ON APPROXIMATELY 3.2 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 11 SOUTH OF SID DRIVE ON THE WEST SIDE OF STARRATT ROAD BETWEEN PERDUE ROAD AND SID DRIVE AND OWNED BY STARRATT CROSSING, LLC, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2007C-067; PROVIDING AN EFFECTIVE DATE.; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

Recommend to SUBSTITUTE and REREFER. 

 

AYES - Gaffney, Graham, Holt, Joost, Redman, ( 5 )

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2.    2008-550   AN ORDINANCE REZONING APPROXIMATELY 3.2 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 11 SOUTH OF SID DRIVE ON THE WEST SIDE OF STARRATT ROAD BETWEEN PERDUE ROAD AND SID DRIVE AND OWNED BY STARRATT CROSSING, LLC, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL RURAL (RR) DISTRICT TO COMMERCIAL COMMUNITY/GENERAL-1 (CCG-1) DISTRICT AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE LAND USE AMENDMENT APPLICATION NUMBER 2007C-067; PROVIDING AN EFFECTIVE DATE.; 7/15/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

Recommend to SUBSTITUTE and REREFER. 

 

AYES - Gaffney, Graham, Holt, Joost, Redman, ( 5 )                                                                 

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3.    2009-250   AN ORDINANCE REZONING APPROXIMATELY 1.0  ACRES LOCATED IN COUNCIL DISTRICT 3 AT 4500 HODGES BOULEVARD BETWEEN BEACH BOULEVARD AND J. TURNER BUTLER BOULEVARD (R.E. NO. 167355-0030), AS DESCRIBED HEREIN, OWNED BY WATSON REALTY CORP., FROM CO (COMMERCIAL OFFICE) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT OFFICE AND COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE WATSON HODGES PUD; PROVIDING AN EFFECTIVE DATE.; 3/17/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Gaffney, Graham, Holt, Joost, Redman, Webb, ( 6 )

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4.    2009-284   AN ORDINANCE CONCERNING WAIVER OF MINIMUM ROAD FRONTAGE APPLICATION WRF-09-04 REGARDING PROPERTY IN COUNCIL DISTRICT 4 AT 4549 SOUTHSIDE BOULEVARD, BETWEEN TOUCHTON ROAD AND GATE PARKWAY (R.E. NO. 146036-1135) AS DESCRIBED HEREIN, OWNED BY HWD I, LLC, REQUESTING TO REDUCE THE MINIMUM ROAD FRONTAGE REQUIREMENTS FROM 35 FEET TO 0 FEET IN ZONING DISTRICT PUD (PLANNED UNIT DEVELOPMENT), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE to Grant the Waiver.

 

AYES - Brown, Gaffney, Graham, Holt, Joost, Redman, Webb, ( 7 )

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5.    2009-285   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2010 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR) TO LIGHT INDUSTRIAL (LI) ON APPROXIMATELY 9.82 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 11, EAST OF EASTPORT ROAD ON THE SOUTH SIDE OF STATE ROAD 9A, BETWEEN FAYE ROAD AND STATE ROAD 9A AND OWNED BY THE ISLAND DEVELOPMENT, LLC, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2008C-027; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Brown, Gaffney, Graham, Holt, Joost, Redman, Webb, ( 7 )

_____________________

 

6.    2009-286   AN ORDINANCE REZONING APPROXIMATELY 9.82 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 11, EAST OF EASTPORT ROAD ON THE SOUTH SIDE OF STATE ROAD 9A BETWEEN FAYE ROAD AND STATE ROAD 9A AND OWNED BY THE ISLAND DEVELOPMENT, LLC, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO INDUSTRIAL LIGHT (IL) DISTRICT AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE LAND USE AMENDMENT APPLICATION NUMBER 2008C-027; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Sub/Read 2nd & Rerefer 7-0; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Gaffney, Graham, Holt, Joost, Redman, Webb, ( 7 )

_____________________

 

7.    2009-289   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2010 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO COMMUNITY/GENERAL COMMERCIAL (CGC) ON APPROXIMATELY 6.0 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 12, WEST OF BLANDING BOULEVARD ON THE SOUTH SIDE OF 103RD STREET BETWEEN JAMMES ROAD AND MORET DRIVE EAS,  AND OWNED BY WINGATE VILLAGE, LLC, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2008C-031; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Brown, Gaffney, Graham, Holt, Joost, Redman, ( 6 )

_____________________

 

8.    2009-290   AN ORDINANCE REZONING APPROXIMATELY 6.0 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 12 WEST OF BLANDING BOULEVARD ON THE SOUTH SIDE OF 103RD STREET BETWEEN JAMMES ROAD AND MORET DRIVE EAST AND OWNED BY WINGATE VILLAGES, LLC, AS DESCRIBED HEREIN, FROM PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL AND OFFICE, USES, AS DESCRIBED IN THE WRITTEN DESCRIPTION AND SITE PLAN FOR THE WINGATE VILLAGE II PUD, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE AMENDMENT APPLICATION NUMBER 2008C-031; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Gaffney, Graham, Holt, Joost, Redman, Webb, ( 7 )

_____________________

 

9.    2009-295   AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND D. R. HORTON, INC. - JACKSONVILLE, CONCERNING A DEVELOPMENT (CCAS NOS. 48811 AND 49994) KNOWN AS "FIDDLER'S REEF", CONSISTING OF APPROXIMATELY 40.19  ACRES LOCATED IN COUNCIL DISTRICT 11, AT 2753 AND 2781 MAYPORT ROAD (R.E. NOS. 168355-0000, 168355-0020 AND 168366-0010), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 576 RESIDENTIAL UNITS AND 18,000 ENCLOSED SQUARE FEET OF SHOPPING CENTER USES,  SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Brown, Gaffney, Graham, Holt, Joost, Redman, Webb, ( 7 )

_____________________

 

10.    2009-296   AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND HG INDUSTRIAL COMMONS, LLC, CONCERNING A DEVELOPMENT (CCAS NOS. 27796.1 AND 42971.1) KNOWN AS "PARK 295", CONSISTING OF APPROXIMATELY 153.78  ACRES LOCATED IN COUNCIL DISTRICT 11, ON THE NORTH SIDE OF ARMSDALE ROAD NORTH, WEST OF DUVAL ROAD (R.E. NO. 019539-0000), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 2,280,000 SQUARE FEET OF WAREHOUSE USES,  SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Gaffney, Graham, Holt, Joost, Redman, Webb, ( 7 )

_____________________

 

11.    2009-325   AN ORDINANCE CONCERNING THE DOWNTOWN OVERLAY ZONE, AMENDING SUBPART H, CHAPTER 656, ORDINANCE CODE, AND CREATING A NEW CODE SECTION PROHIBITING PAY PHONES WITHIN CITY RIGHTS OF WAY AND CITY PARKS IN THE DOWNTOWN OVERLAY ZONE; FINDING OF PUBLIC HEALTH SAFETY AND WELFARE CONCERNS AND DIRECTING THAT NO PERMITS BE ISSUED AND EXISTING PAY PHONES BE REMOVED; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Holt, Joost, Redman, ( 3 )

 

NAYS - Brown, Gaffney, ( 2 )

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12.    2009-327   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-09-03 FOR PROPERTY IN COUNCIL DISTRICT 12 AT 7200 BLANDING BOULEVARD, BETWEEN TOWNSEND ROAD AND DUCLAY ROAD (R.E. NO. 098916-0000) AS DESCRIBED HEREIN, OWNED BY HANANIA INVESTMENT, LLC, REQUESTING TO REDUCE THE DISTANCE BETWEEN AN EXISTING SIGN AND A NEW SIGN FROM 200 FEET TO 100 FEET, AND REQUESTING TO REDUCE THE DISTANCE BETWEEN TWO NEW SIGNS FROM 200 FEET TO 175 FEET IN ZONING DISTRICT CCG-1 (COMMERCIAL COMMUNITY/GENERAL-1), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE to Grant the Waiver.

 

AYES - Brown, Gaffney, Holt, Joost, Redman, ( 5 )

_____________________

 

13.    2009-328   AN ORDINANCE APPROVING A SECOND AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND BRC FLORIDA HOLDINGS, LLC, (CCAS NO. 23722), TO EXTEND THE DURATION OF THE DEVELOPMENT AGREEMENT ORIGINALLY DATED FEBRUARY 22, 2001 TO JANUARY 1, 2014 FOR PROPERTY LOCATED IN COUNCIL DISTRICT 11, WEST OF INTERSTATE 95, OFF OF DUVAL PLACE WEST, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 05, 2009

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Brown, Gaffney, Holt, Joost, Redman, ( 5 )

_____________________

 

 

2ND READINGS

 

14.    2009-345   AN ORDINANCE REZONING APPROXIMATELY 0.17  ACRES LOCATED IN COUNCIL DISTRICT 7 AT 1654 WALNUT STREET AS DESCRIBED HEREIN, OWNED BY J PROPERTIES I, LLC, FROM RMD-S (RESIDENTIAL MEDIUM DENSITY-SPRINGFIELD) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL AND RESIDENTIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE WALNUT STREET MIXED USE PUD; PROVIDING AN EFFECTIVE DATE.

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15.    2009-346   AN ORDINANCE REZONING APPROXIMATELY 3.62  ACRES LOCATED IN COUNCIL DISTRICT 11 ON HECKSCHER DRIVE AT THE CITY OF JACKSONVILLE BOAT RAMP (R.E. NO. 160803-3000) AS DESCRIBED HEREIN, OWNED BY THE CITY OF JACKSONVILLE FROM RLD-100A (RESIDENTIAL LOW DENSITY-100A) DISTRICT TO CSV (CONSERVATION) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.

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16.    2009-347   AN ORDINANCE REZONING APPROXIMATELY 1.34  ACRES LOCATED IN COUNCIL DISTRICT 1 AT THE INTERSECTION OF MOUNT PLEASANT ROAD AND MCCORMICK ROAD (PORTION OF R.E. NO. 160993-9000) AS DESCRIBED HEREIN, OWNED BY RICHARD R. DOSTIE (TO BE TRANSFERRED TO THE CITY OF JACKSONVILLE) FROM RLD-G (RESIDENTIAL LOW DENSITY-G) DISTRICT TO CSV (CONSERVATION) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.

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17.    2009-348   AN ORDINANCE CONCERNING WAIVER OF MINIMUM ROAD FRONTAGE APPLICATION WRF-09-7 LOCATED IN COUNCIL DISTRICT 8 AT 9180 BOOTS LANE (R.E. NO. 004590-0040) AS DESCRIBED HEREIN, OWNED BY LAVERNE KNOWLES, REQUESTING TO REDUCE THE MINIMUM ROAD FRONTAGE REQUIREMENTS FROM 160 FEET TO ZERO FEET IN ZONING DISTRICT RR (RESIDENTIAL RURAL), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.

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18.    2009-349   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-09-04 FOR AN EXISTING SIGN LOCATED IN COUNCIL DISTRICT 6 AT 3616 CARDINAL POINT DRIVE, AS DESCRIBED HEREIN, OWNED BY NAE LLC, REQUESTING TO REDUCE THE MINIMUM SETBACK FROM 10 FEET TO 3.35 FEET IN ZONING DISTRICT CCG-1 (COMMERCIAL COMMUNITY/GENERAL-1), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.

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19.    2009-350   AN ORDINANCE REZONING APPROXIMATELY 9.85  ACRES LOCATED IN COUNCIL DISTRICT 11 AT 13115 GILLESPIE AVENUE (R.E. NOS. 107560-0000 & 107560-0200), AS DESCRIBED HEREIN, OWNED BY ROJO DIABLO, LLC, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT  MULTI-FAMILY RESIDENTIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE EAST-WEST CONNECTOR II PUD; PROVIDING AN EFFECTIVE DATE.

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20.    2009-351   AN ORDINANCE AMENDING ORDINANCE 2000-451-E, AS AMENDED BY ORDINANCES 2000-1210-E, 2003-594-E, 2004-426-E, 2005-267-E, 2005-843-E, 2006-505-E, AND 2007-1140-E, WHICH APPROVED A DEVELOPMENT ORDER FOR BARTRAM PARK, A DEVELOPMENT OF REGIONAL IMPACT (DRI), PURSUANT TO THE NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (NOPC) FILED BY J. THOMAS DODSON, JR., BARTRAM PARK, LTD., BARTRAM INVESTMENTS, LLC, AND WINSLOW FARMS, LTD., AND DATED MARCH 20, 2009; CHANGING THE PHASING SCHEDULE FOR RESIDENTIAL, HOTEL, OFFICE AND COMMERCIAL USES, AND INCREASING OFFICE, COMMERCIAL AND RESIDENTIAL USES AND DECREASING HOTEL USES, REPLACING THE OFFSITE TRANSPORTATION REQUIREMENTS BY PARCEL GROUPINGS TABLE, REVISING THE MINIMUM AND MAXIMUM TABLE TO INCREASE OFFICE USES AND REDUCE HOTEL USES, AND REVISING THE SCHEDULE FOR THE CONSTRUCTION OF RACE TRACK ROAD TO ALLOW FOR CREDIT FOR PROPORTIONATE FAIR SHARE OBLIGATIONS FOR THE CONSTRUCTION; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINALLY APPROVED DRI; PROVIDING AN EFFECTIVE DATE. 

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