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12-05-2006 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday December 5, 2006 at 7:01 p.m. by Chairman David Pape. Members present were Nick Jones, David Outlaw, Peter Geigel, Sy Holzman and Elwood Treadwell. Bill Banzhaf was not present. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, Planner, Daniel Mantzaris, City Attorney and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held November 7, 2006 were approved with corrections to be made on page 11 and page 12. REPORTS Mr. Hitt provided the Planning Commission with maps that had been requested previously. He went over the updated Future Land Use map, the future Traffic Circulation System map and County Project map. 1. REQUEST FOR CONDITIONAL USE PERMIT OWNER: I-4 Howland Investments APPLICANT: TMI -Epic Theaters -Scott Gentry P.E. PROJECT NAME: Clermont Landing /EPIC Theaters. REQUESTED ACTION: A Conditional Use Permit for a Planned Unit Development. The proposed development will consist of a retail shopping center and a sixteen screen movie theater. EXISTING ZONING: SIZE OF PARCEL: C-2 (General Commercial) 61 acres +/- GENERAL LOCATION: South of S.R. 50, East of US HWY 27 ~ north east corner of Highway 27 & Steve's Road. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2) FUTURE LAND USE CLASSIFICATION: Commercial (Comp Plan Amendment Pending on 31 acres) City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 2 Planning Director Jim Hitt stated the request is to allow a mixed use commercial Planned Unit Development with the following commercial mix: North retail shopping center (236,000 sq. ft.); South retail shopping area (32,000 sq. ft.); Theatre retail area (21,000 sq. ft.), a 2,500 seat, 16 screen movie theatre (54,000 sq. ft.), and six outparcels for various restaurants and similar commercial uses along U.S. 27. A total of 342,000 square feet is proposed, and with the six outparcels shall not exceed 400,000 sq. ft. The commercial area to be developed is approximately 61 acres. The development will be phases for construction with the first phase consisting of the retail shopping center, and the second phase consisting of the movie theater. The applicant will also be requesting four variances which include the following: • Cut and fill in excess of 15 feet. Parking space reduction Additional signage for movie poster display One building over 100,000 sq. ft. With the recent commercial growth within the area, staff believes this area is appropriate for this type of development and recommends ~ royal of the Conditional Use Permit to allow a Planned Unit Development including a shopping center and a movie theater at the proposed location. Chairman Pape asked the applicant to come forward. Duke Woodson with the law firm Foley and Lardner in Orlando was there to represent the applicant. Mr. Woodson stated they were still comfortable with the staff recommended conditions. He stated they appreciated the approval at the first meeting and would appreciate an approval again tonight. Chairman Pape opened the floor to the public. There were no comments or questions from the public. Chairman Pape asked if any of the Commissioners had any questions or concerns. Commissioner Outlaw stated he would like to reiterate the concerns that it moves forward with the minutes from the last meeting. Commissioner Holzman moved to approve the request; seconded by Commissioner Treadwell. The vote was unanimous for approval. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 3 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: South Lake Animal Clinic OWNER: Roberto Rodriguez APPLICANT: Ernesto Gonzalez -South Lake Animal Clinic REQUESTED ACTION: A request for a CUP to expand an existing veterinary clinic. EXISTING ZONING: C-2 (General Commercial) SIZE OF PARCEL: '/2 +/- acre GENERAL LOCATION: State Road 50 and Linton St. (One block east of 12`" St.) EXISTING LAND USE: Existing Animal Clinic FUTURE LAND USE DISTRICT: Non-Established District 1 (NED 1) FUTURE LAND USE CLASSIFICATION: Commercial Planning Director Jim Hitt stated the applicant requests a CUP to expand an existing veterinary clinic in a C-2 General Commercial zoning district. The applicant previously obtained a Conditional Use Permit in September 2003 but failed to start construction rendering the permit void. The applicant also applied for the same permit in May 2006, but failed to sign and return the CUP within the required 90 days. The applicant is now requesting the same conditional use permit that was previously granted (but not signed) and is ready to construct the addition. The expansion will consist of a 1,348 square foot addition that will be connected to the existing building. The existing veterinary building totals 2,052 square feet. The total proposed building is 3,400 square feet. Parking will be reconfigured and enlarged to accommodate the additional square footage. There remains a mixture of commercial, industrial, and residential uses in the vicinity of the subject property. Staff recommends approval of the request for a CUP to allow the expansion of the existing veterinary clinic on this C-2 (General Commercial) zoned parcel. Chairman Pape asked the applicant to come forward. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 4 Ernesto Gonzalez, 976 Lake Baldwin Lane #202 Orlando, stated the previous CUP was misfiled in the move of their office. He said they would make sure that it would be signed this time. Chairman Pape asked if anyone in the audience would like to speak on this issue. There were no comments or questions from the public. Chairman Pape asked if the Commissions had any comments or questions. Commissioner Holzman moved to approve the request; seconded by Commissioner Outlaw. The vote was unanimous for approval. 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER/APPLiCANT: Real Life Christian Church REQUESTED ACTION: Request for a CUP to allow a church facility in UE zoning. LOCATION: Steve's Road (between U.S. 27 and Citrus Tower Blvd.) EXISTING ZONING: UE (Urban Estate) EXISTING LAND USE: Vacant Land (Approx. 18 acres) FUTURE LAND USE DISTRICT: County-Urban Expansion (proposed City - UD-2) Planner Curt Henschel stated the applicant intends to establish a church facility within the Urban Estate zoning district. The church owns approximately 20 acres off of the unimproved portion of Steve's Road. The Real Life Christian Church has already provided approximately 1.5 acres for the re-alignment of Steve's Road and will build a portion of the right-of--way from the east to access their facility. The church proposes several phases, the first being asanctuary/multi-purpose building with approximately 38,000 square feet. The second phase will consist of a school facility. The school will be approximately 53,000 square feet and will provide education from K through 12th grade. The third phase will consist of the main sanctuary with 39,000 square feet. The site does present construction challenges with the aggressive slopes throughout. Variances have been requested with regard to landscape buffer slopes, and grass parking. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 5 Staff recommends approval of the CUP request to allow the construction of a church and school facility in the Urban Estate zoning district. Chairman Pape asked if the applicant was present. Jeff Scott, 17701 Champagne Dr. Winter Garden, stated they would like for the Commission to look favorably on this project so they can move from their existing facility to the new facility they are planning to build. Chairman Pape asked if anyone in the audience would like to speak on this issue. There were no comments or questions from the public. Commissioner Geigel asked if they are moving from the existing facility to the new property would this eliminate the existing facility he believed they approved one or two years ago for the church to put up temporary classrooms. Mr. Henschel stated that was another church further down the road that requested the temporary classrooms. Commissioner Geigel asked Mr. Scott if the existing facility will move to the new facility. Mr. Scott stated that was correct. Commissioner Holzman asked exactly where the property was on Steve's Rd. Mr. Henschel pointed it out on the map. Commissioner Holzman expressed concern about restaurants coming to that area in the future and about them selling alcohol. Mr. Scott stated he did not have an issue with that at this time. Chairman Pape asked about any variances pertaining to aggressive cuts. Mr. Henschel stated they are in code as far as cuts, but they are requesting a sloped landscape. Commissioner Holzman moved to approve the request; seconded by Commissioner Outlaw. The vote was unanimous for approval. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 6 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Cecilia Bonifay, Esquire Akerman Senterfitt OWNER: Clermont Yacht Club Homeowner's Association PROJECT NAME: Clermont Yacht Club REQUEST: An amendment to the existing Conditional Use Permit (Resolution No. 1453) to allow fora 48 slip boat dock. SIZE OF PARCEL: 33 +/- acres GENERAL LOCATION: Northeastern corner of East Avenue and Grand Highway. EXISTING ZONING: PUD (Planned Unit Development) EXISTING LAND USE: Clermont Yacht Club PUD LAND USE DISTRICT: UD-4 LAND USE CLASSIFICATION: Residential Planner Curt Henschel stated the request is to amend Resolution No. 1453, which is a Conditional Use Permit to allow a Planned Unit Development consisting of 205 multi-family units and 266 townhome/ condominium units, with various amenities such as clubhouses, pools, tennis courts, basketball court, etc. This amendment is to add a community boat dock that was not previously permitted with the original Conditional Use Permit. The proposed dock will have 48 boat slips for docking with one walk way entrance. Fuel stations and the washing of boats will be prohibited. The applicant believes this project will be environmentally sensitive, by protecting the shoreline from excessive boat traffic. Boats will be kept out in open water and only one access point will be provided from the shoreline. City staff has sent letters of opposition to St. Johns River Water Management District and Army Corps of Engineers citing the great potential for 48 boats to leak fuel and oil into Lake Minneola, which is designated an Outstanding Florida Waterway. Staff believes this request is inappropriate for such a water body. Although the applicant is taking measures to create an environmentally friendly project, staff feels this many boats kept out in the open water could create a potential hazard to the Outstanding City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 7 Florida Water body that is Lake Minneola. Staff recommends denial of the conditional use permit request. Chairman Pape asked if the applicant was available for comment. Thomas Gould with Akerman Senterfitt, 420 South Orange Ave. Orlando, stated he was joined here by Phil Edgington and Bob Taylor. He stated that the application is before the commission at the request of Staff. They met with Staff in September 2006 and the Staff suggested they move forward with the City CUP process before finalizing the process with St. John's River Water Management District permitting. Phil Edgington, 1103 Crescent Bay Blvd., stated that when he started this project five or six years ago he had a vision for what they wanted to create for the City of Clermont which was something attractive. He feels at this time he has accomplished that and they have finished all the town homes and the condos will be started soon. What they want to accomplish down on the lakefront is 48 boat slips, of which two of these would be designated for governing authorities so there would be a presence of some kind of enforcement on the lake. With an attractive project like this, they would be able to control the boats through certain restrictions while creating something that would beneficial to the residents and to the lake. Bob Taylor from LPG Environmental and Permitting Services, 1174 Camp Ave. Mt. Dora, stated they have been involved in the project from the application process. They prepared the application for the St. John's River Water Management District for the environmental resource permit and have been undergoing discussions with them about various aspects of the project. As staff indicated this is a 48 slip boat docking facility, the original plan that they submitted to the Water Management District was to be done in phases and was to involve four piers. They did several things to reduce the impact of the project and to make it more environmental sensitive both for the benefit of Clermont and meeting the permit requirements for the Water Management District. By going from four access piers to one, they have reduced the wetlands impact and the potential impact on wetland vegetation and wildlife. They have also had a permit from the Department of Environmental Protection to allow Mr. Edgington to clear 50 feet through the vegetation out to open water. In proposing this design what was recognized is they did not need to clear 50 feet of vegetation along the shoreline out to open water and it was difficult to get the boat facility in a 50 foot width. They requested a modification to the aquatic plant control permit to only clear a 10 foot strip through the near shore vegetation that is made up of desirable native vegetation and provide a wider strip out in a band of offshore vegetation that is primarily torpedo grass, which is an invasive plant not being desirable. The total amount of vegetation that would need to be removed is somewhat less than the original permit allowed. There are other things that have been incorporated in the proposed plan which will reduce the boats' impact. What is asked for in the St. John's permit and what is being incorporated into the draft HOA documents restricts boats to four stroke engines only. The old two stroke engines did introduce oil and gas into the City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 8 water, four stroke engines do not. Also there will be no fueling facility, no sewage pump out, no fish cleaning or boat washing. He said they have taken every step possible to try to minimize the impact of the project while still providing a certain amount of boat slips for the residents. This will eliminate trailering of boats and backing the boats and trailers into the water. This will also eliminate boats being beached along the beach line. What they propose to do would be to introduce a water quality monitoring program which would extend throughout the period of getting the boats in there and establishing a level of use. They would provide water quality monitoring on a frequency that would show that those effects are not being exhibited and, at an appropriate time, be able to discontinue that monitoring. They are confident the concerns raised by the Staff are not going to be realized and by implementing a monitoring program that would be acceptable to the City, they would be able to show that the project is not causing problems. Chairman Pape asked if anyone in the Public would like to speak pertaining to this CUP. Rob Hopkins, 200 Nautica Mile Dr. Clermont, is a resident of Clermont Yacht Club and stated he has a vested interest in this project. This development is an asset for the City of Clermont. The Clermont Yacht Club has added revenue to the City and added to the prestige of Clermont. This boat dock project will enhance that development. Mr. Hopkins stated the only negative he sees in the project is whatever environmental impact there is. These boats are going to be in that lake whether they are on that dock or if they are trailered in. We can either construct a nice dock to keep everything organized looking and something that adds to the view of the lake or we can have residents pull up to the shore and put up the stand alone boat docks. The positives for this project outweigh the only negative that he can see. Ed Nickman, resident of Clermont Yacht Club, stated he is frustrated since he has come to Clermont and realized the entire shoreline offered no real opportunity for boats. There was one little dock that was supposed to be for fishing or swimming and out of frustration people started stacking their boats up to the dock then started pulling up to the shore. What could be an attractive looking lake front has become a bit of an eyesore. More and more boats are coming in. There are people who are getting boats now that they live here. He thinks this plan will acquire lifts for the boats to keep the boats up out of the water. Arlene Hanks, 240 Division St. Clermont, wanted to know what the difference was from the picture shown tonight from the picture from January 2006. Mr. Edgington stated it was the same. Ms. Hanks also stated that in the new letter she did not see what the length was going to be. She would like to know the total length of the dock and the length from the beginning of the dock to the beginning of the boat slips. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 9 Mr. Taylor stated that the distance from the shoreline out to the boat slips is 150 feet and the total length is 283 feet. He commented the distance is dictated by the requirements of the Water Management District that there be adequate water depth so the boats are not hitting the bottom. Chairman Pape asked if lifts are going to be included in the plans for the boat docks. Mr. Taylor stated that lifts will be required for a1148 boat slips. Chairman Pape asked about lighting for the dock. Mr. Taylor stated there will be red lighting for navigational purposes. There will not be any white lighting; that is one thing they did to reduce secondary impacts for the docks. Mr. Gould stated that he asked for a favorable recommendation for this application. Mr. Geigel asked Staff the basis for its statement that there was great potential for 48 boats to leak fuel and oil into Lake Minneola. There are numerous facilities like this around Central Florida. Does Staff have any history that says this is a significant problem? Mr. Hitt stated with two stroke engines there was a large potential for the environmental impacts especially with the shoreline growth. With this type of facility using four stroke engines and, elevating the boats out of water the impact would be a lot less. Mr. Jones asked if the docks would be covered. Mr. Edgington stated yes they would be covered and they will have the canvasses that match the canvasses they used to accent the town homes with. Chairman Pape asked how they are going to enforce the four stroke engines. Mr. Edgington stated that the deed restrictions and covenants are going to be able to handle that, and it will have to be enforced by the boat owners association which they have established under the master association. They will have to go through a violation process, and then if they don't comply, then fines will be put into place. Chairman Pape asked what kind of engineering is being done for hurricane protection. Mr. Edgington stated the boats will be in between finger piers, so if they decide to rock they are not going to go all the way over. They have planned for that. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 10 Mr. Hitt stated that one thing the City can ensure is that a lot of these requirements can be put into the CUP, so it would then become a code enforcement issue. Commissioner Outlaw stated that there is a 5-1 boat slip ratio to the residents. How are these boat slips going to be maintained and owned. Mr. Edgington stated that they will be purchased and they will stay within the Yacht Club. Commissioner Outlaw stated all of these concerns should be included into the documents and the CUP. Commissioner Treadwell asked if the walkway dock is floating or fixed. Mr. Edgington stated they are fixed. Commissioner Treadwell asked if there will be any wash/toilet facilities off the docks. Mr. Edgington stated there would not be any wash/toilet facilities. Commissioner Treadwell asked if there would be any parking near the boat dock. Mr. Edgington stated there will be no parking, but they would bring the fence along Lake Minneola Dr. in about fifteen feet so the residents can pull up there to unload, but there is to be no parking there. Commissioner Outlaw asked if there would be a residential crossing with markings done for this. Mr. Edgington stated they could paint a cross walk across Lake Minneola Dr. Commissioner Holzman asked how many residents have boats. Mr. Edgington stated he did not know how many have boats, but most of them he believes are in warehouses because they are not allowed to be parked in driveways. Commissioner Holzman stated that if they lease out the 48 slots and you still have a boat then they will be parked around the shoreline. Mr. Edgington stated that with the docking facility there then they can write the covenants and restrictions tight enough that if you do not have a boat slip there then it will be a temporary situation where it is boat in, boat out during the same day. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 11 Commissioner Holzman asked Mr. Hitt if the City has heard from the Water Management District and Corps of Engineers. Mr. Hitt stated he has been in contact with the Army Corps and the application was in but they have not indicated approval or disapproval. Commissioner Outlaw is concerned with the previous permitting process where they reference one piers verses docks and there were four with St. John's. Are they piers like the existing one or were they dock applications? Mr. Taylor stated the original application was for four docking structures that would not be built all at the same time, that is why there were four applications with the same number of boat slips, each dock having 12 slips. He said their official status with the St. John's River Water Management District, is that they have submitted an application. Currently they have a request for additional information from them which they are in the process of addressing. They should respond to that in the next couple of weeks. Commissioner Geigel stated that the increased value of property will increase taxes that will increase revenue to the City. That is only true when an existing homeowner sells and the property is reassessed. Is there any revenue to the City for this type of structure independent of assessed value of the homes from a tax stand point utilizing the many benefits of Yacht Club facility on the lake? Mr. Edgington stated he could not answer that question but from experience he would have to say no. Commissioner Jones asked if there were any impact fees. Mr. Edgington stated there are none. Commissioner Treadwell stated he remembers being out there during the last dry spell when the lake was down 5 or 6 feet, and he hopes they have seriously considered how to continue accessing the boats. It would be nice to have water under the boats during dry spells. Mr. Edgington stated that one of the assets to the City, County and State is the two slips that will be donated to the governing municipalities so they can have a presence on the chain of lakes. Commissioner Holzman stated there are still a lot of unanswered questions. Commissioner Geigel stated they need feedback from the other agencies before they can go forward. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 12 Commissioner Treadwell stated he is concerned about a parking situation along Lake Minneola Dr. Also he believes restroom facilities are necessary. Protection from wind storms is also a concern. Mr. Gould asked whether they come to the City with finalized permit in hand or do they continue with the City permitting process first. He said City Staff suggested to continue with the City permitting process first and get preliminary approval. They would still be subject to the Corps and St. John's River Water Management and their review. Chairman Pape stated that he would feel more comfortable about supporting this issue and will feel like the residents will be well served if we could preclude the beaching of boats, see to it that we have crosswalks, parking previsions and some arrangements for restrooms. Addressing all of these issues he feels this is a fine project for the residents. Mr. Mantzaris suggested that if any Commissioner is going to make a motion to approve the CUP then all their concerns should be expressed as conditions related to the CUP. Commissioner Jones stated that if the City approves the entire project, if the Water Management District has objections they will deny it and the project will not be built. His experience with the Water Management District over the years is that they are pretty tough. Chairman Pape stated that St. John's is going to look at what they look at and the Corps is going to look at what they look at, but they rely on us to figure out what is best for our City. A motion was made to approve the application with recommended conditions to be added to the CUP: Boat Dock and Pier Facility Requirements: a. Limit of 48 boats slips. b. Boat lifts required for each boat slip. c. Two slips donated for use by government agencies. d. No miscellaneous boat parking, temporary or permanent boat slips shall be allowed, other than the 48-boat dock facility. e. Slips shall be for Clermont Yacht Club resident boats only. No commercial or "for hire" use of any kind shall be allowed. £ Only boats with four stroke motors or electric motors may use the dock. g. No parking shall be allowed on Lake Minneola Drive. h. Owner or applicant shall work with and obtain approval for any turnout or drop-off issues and pedestrian cross-walk on or across Lake Minneola Drive. i. Boat slip and dock areas may be covered. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 13 j. A 10 foot wide access may be maintained through shoreline vegetation for the access pier from shore, and the dock facility area may maintain vegetative clearance as approved by the regulating governmental agency. k. If a Water Quality Monitoring Program is required by any regulatory governmental agency, it shall be submitted to the City prior to permitting. Additional monitoring may be required if environmental conditions indicate the need. 1. Red or other approved navigation lights only shall be allowed. m. No water or sewer facilities are allowed on the dock or pier area. n. No storage of gas or petroleum products shall be allowed on the dock or pier facility. o. Maintenance and liability of the boat dock and pier shall be the sole responsibility of the Clermont Yacht Club Homeowners Association. Commissioner Geigel moved to approve the request, seconded by Commissioner Jones. The vote was 4-2 for approval with Chairman Pape and Commissioner Holzman opposing. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Home Depot OWNER: Home Depot USA, Inc. APPLICANT: Home Depot USA, Inc. REQUESTED ACTION: A request for a Conditional Use Permit to allow retail store over 20,000 square feet. GENERAL LOCATION: 1530 E. State Road 50 (in the Clermont Town Center) EXISTING ZONING: C-2 (General Commercial) EXISTING LAND USE: Commercial FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Commercial The applicant is requesting a conditional use permit for a retail store over 20,000 square feet. The development consists of a Home Depot home improvement store consisting of a 129,748 square foot building (94,870 sq. ft. building, 2,918 sq. ft. vestibule, and a 31,960 sq. ft. garden center). The site is approximately 9.95 acres and is within the Clermont Town Center, which is located on the northeast corner of State Road 50 and Oakley Seaver Drive. The site is fully City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 5, 2006 Page 14 developed and was part of the Conditional Use Permit which was approved by Resolution No. 1128 and amended by Resolution No. 1235. These CUPs contained variances for the building square feet, and a reduction in parking from 649 down to 645 for the overall site. All other conditions and variances, per these CUPS remain in effect for the overall Clermont Town Center Site. There are two variances associated with the proposed project: 1. Parking space reduction of 17 spaces, to be used for outside delivery and storage. 2. Ten foot high screen wall for outside storage in the rear of the building. Home Depot is part of the Clermont Town Center CUP and had specific conditions placed on the home improvement center. Many of these conditions have been found to be restrictive in nature for the overall operations of the business. Home Depot has requested this new CUP to help address these conditions and permit more flexibility for operations on the exterior of the site. Specific conditions and locations for specific operations are part of this new CUP. At this time, there is an active Code Enforcement Case which is a direct result of the restrictive conditions of the original CUP. It is Home Depot's intent to complete the requirements of this new CUP in order to avoid further code enforcement fines being accumulated. Staff recommends approval of the requested Conditional Use Permit. Discussion on the Home Depot CUP is being postponed to January 2, 2007. Commissioner Holzman moved to postpone the request to January 2, 2007, seconded by Commissioner Outlaw. The vote was unanimous for approval. There being no further business the meeting was adjourned at 8:34. ~\ ~, , _ ~ ~ ~ -~:. , ~,~ Da irman ATTEST: ~~U~,----., Rae Chidlow, Administrative Assistant