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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
April 1 a, 2000
Present: , Gerald Figurski
David Gildersleeve
William Johnson
Edward Mazur, Jr.
Shirley Moran
Carlen 'A. Petersen
Board Member
Board Member
Board MemlJer
Board Member
Board Member
Board Member
Absent: ' Alex Plisko
Board Member
Also Present: ,Leslie Dougall.Sides '
Cynthia Hardin
Lisa Fierce
Brenda Moses
Assistant City Attorney
Assistant Planning Director
Development Review Manager
Boa~d Reporter
The meeting was called to order at 1 :00 p.m. at City Hall, followed by the
, Invocation and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
~>;;;:a.
'0I3
A.
REQUESTS FOR CONTrNUANCES/RECONSIDERA TrON - None.
B. CONTINUED ITEMS - None.
C. lEVEL THREE APPLICATIONS
Item C1 . 1545 South Belcher Road. Owner: Greater Clearwater Association of Realtors,
Inc. Aopllcant: RKM Develooment Corp. Reoresentatives: William S. Lloyd" Arlena J.
Dominick. Harry S. Cline, ESQ. location: 1.76 acres located on the east side of Belcher
Road, approximatelv 250 feet south of Nursery Road. ReQuest Annexation of 1.76 acres to
the City. Case ANX 00-03-06
The owner has requested annexation and is aware of required impact fees and other
costs associated with the extension of sewer service to the site. Staff recommends
approval of the annexation of 1545 South Belcher Road.
AND
Item C2 - 1545 South Belcher Road. Owner: Greater Clearwater Association of Realtors,
Inc.. Applicant: RKM Development Corp. Representatives: WU(jam S. Lloyd, Arlena J.
Dominick, Harry S. Cline, ESQ. Location: 1.76 acres located on the east side of Belcher
Road, approximately 250 feet south of Nursery Road. ReQuest (a) land Use pran
amendment from the Residential/Office General Classification {County) to the
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Residential/Offico/Retail Classification (Clearwater); and (b) Rezonlnc:l from P-1.
Professional Office District (County) to C. Commercial District (Clearwater). Case LUZ OO~
03-02 .
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The owner ha's requested to amend the Comprehensive Plan's Future Land Use Map
from Residential/Office General (R/OG) to Residential/Office/Retail (R/O/RI, and to rezone
from the P-', Professional Office (County) district to the Commercial IC) District to build a
retail store. The 1.76-acre site has an office on its 2 lots. The proposed use is retail.
Surrounding uses include a vacant and operating gasoline station, multifamily housing, a
bank; afld retail and office uses. Belcher Road is operating at a LOS (Level of Service) of F.
The site plan will address related impacts. '.
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Staff recommends approval to: 1) amend the site's Future Land Use Plan'
designation to Residential/Office/Retail and 2) amend the zoning district designation to
Commercial (C).
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In response to a question, Senior Planner Gary Jones said City sewer and water
service is provided at the site. The PPC (Pinellas Planning Council) designated boundary
between Clearwater and Largo is at Belleair Road.
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In response to a question, Representative Harry Cline said the proposed Walgreens
store will not be open 24-hours a day. His client unsuccessfully tried to purchase the
nearby gasoline station. The site has two driveways off Nursery Road. SouthTrust Bank
has agreed to work with the developer to share the bank's driveway off Betcher Road. In
response to a question, Assistant Planning Director Cynthia Hardin said the staff report
used fast food criteria to evaluate the most intense use of a site. No fast food
establishment is planned for this site.
, Member Gildersleeve moved based on the staff report and testimony at this public
hearing, to recommend the City Commission approve Item C1 to annex property at 1545
South Belcher Road to the City. The motion was duly seconded and carried unanimously.
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Member Gildersleeve moved based on the staff report and testImony at this public
hearing, to recommend the City Commission approve Item C2 to 1) Amend the Future Land
Use Plan designation of the site from Residential/Office General to Residential/Office/Retail;
and 2) amend the zoning district designation of the site from Professional Office (P-1 -
County) to Commercial IC) at 1545 South Belcher Road. The motion was duly seconded
and carried unanimously.
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. Item C3 - 1243 Brookside Drive. Owner/applicant: Dorothv M. Scott. Representative:
Tiffanv Scott, Attornev; Location: 0.37 acres located on the southeast corner of Beverly
Circle and Brookside Drive. ReQuest: 1) annexation of 0.37 acres to the City: 2) land Use
Plan Amendment from Residential low uoland area) and Preservation (wetland area) District
Classification (County) to Residential low (uDland areal and Preservation District
Classification (Clearwater): and 3) Rezonina from R-3. Residential. Sinale-Family District
(County) to LOR. Low Density Residential (upland area) and P. Preservation {wetland areal
District Classification (Clearwater). Case ANX 00-02-03
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J") The applicant has requested annexation to receive City water and sewor sorvico.
The 0.375-acre site has 0.275 upland acre and 0.099 wetland acre. Tho property will .
have a land use plan designation of Residential Low for the upland area and Preservation
for the wetland area. . The site is proposed to be zoned Low Density Residential (LORI for
the upland area and Preservation (P) for the wetland. The applicant has paid applicablo
sewer impact fee and is aware of costs to extend a sewer line to the site. Staff
recommends: 1) annexation of the property at 1243 Brookside Drive: 21 approval of tho
Residential Low and Preservation plan categories: and 3) approval of tho Low Density
Residential (LDR) and Preservation (P) zoning.
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Member Petersen moved based on the staff report presented and testimony at this
public hearing to recommend the City Commission approve Item C3 to annex the proporty
at 1 243 Brookside Drive. of. the Residential Low and Preservation plan categories pursuant
to ~he City's Comprehensive Plan: and of the Low Density Residential (LDR) and
Preservation (P) zoning districts pursuant to the City's Community Development Code. The
motion was duly seconded and carried unanimously.
Item C4. 1513 Country Lane East Owner/ADDUcant: lois M. Quale. Location: 0.31 acres
located on the east side of Country lane East, aDDroximatelv 400 feet south of State Road
590. ReQuest: 1) Annexation of 0.31 Bcres to the City of Clearwater: 2) Land Use Plan'
amendment from the Residential Low Classification (County' to the Residential low
Classification (Clearwater); and 3) Rezoning from R-3. Residential. SinQle-Familv District
(County) to lMDR. low Medium Densitv Residential District Classification (ClearwaterL.
ANX 00-02-04
The owner has requested annexation to the City for water and sewer service. The
property will have a land use ph:m designation of Residential Low and is proposed to be
zoned Low Medium Density Residential (LMDR). The site is a single family residential
home. The applicant has paid the applicable sewer impact fees and is aware of the cost to
connect the property to City utilities. Staff recommends: 1) annexation of the property at
1513 Country Lane East; 2) approval of the Residential Low plan category: and 3) approval
of the Low Medium Density Residential (LMDR) zoning district.
In response to a question. Senior Planner Etim Udoh said the applicant has a septic
tank as do other nearby properties. It was remarked that the applicant will connect to a
sanitary sewer line in the rear of the house. It was suggested the City send other residents
a letter suggesting they also connect to the sewer line. Mr. Udoh said properties must be
contiguous with existing boundaries to annex. Assistant City Attorney Leslie Dougall-Sides
will contact the Utilities Department to determine if City rights-ofwway can make properties
contiguous.
Member Petersen moved based on the staff report presented and testimony at this
public hearing to recommend the City Commission approve Item C4 to annex the property
at 1 51 3 Country Lane East, approval of the Residential Low plan category pursuant to the
City's Comprehensive Plan, and approval of the Low Medium Density Residential (LMDR)
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zoning district pursuant to the City's Community Development Code. The motion was duly
seconded 'and carried unanimously.
Item C6 - - 1224 Stockton Drive Owners/Applicants: Rose M. Jordan & Beverlv D. Jordan.
location: 0.34 acres located on the west side of Stockton Drive~ approximately 150 feet
south of Claire Drive. Request: 1) Annexation of 0.34 acres to the City. of Clearwater: 2}
land Use,Plan amendment from the Residential Lciw Classification (County) to the
Residential low Classification (Clearwater): and 3} Rezonina from R~3, Residential, Single
Familv District (County) to lMDR. low Medium Density Residential District Classification
(Clearwater); Case ANX 00-02-05
The owners have re'quested annexation for garbage collection service. They have
, received City water and sewer services since July 7, 1982. The property features a s~ngle
family residential home. The abutting right~of-way along Stockton Drive also will be
annexed. The property will have a'land use plan designation of Residential Low and' Is
proposed to be zoned Low Medium Density Residential (LMDR). Staff recommends: 1)
annexation of the 'property at 1 224 Stockton Drive; 2} approval of the Residential Low plan
category; and 3) approval of the Low Medium Density Residential (LMDR) zoning.
In response to a question, Mr. Udoh said a private company currently provides
garbage collection services to the applicants. Ms. Hardin said the quality of the services
differs. County properties that receive City sewer and water service pay a 25 % premium.
The City does not charge an annexation fee. The applicant will pay City ad valorem taxes
but not County ad valorem taxes. It was recommended that the City encourage residents
to annex into the CiW as it will save them money and increase the City's tax base.
Member Petersen moved based on the staff report presented and testimony at this
. public hearing to recommend the City Commission approve Item C5 to annex the property
at 1224 Stockton Drive, of the Residential Low plan category pursuant to the City's
Comprehensive Plan; and 3) of the Low Medium Density Residential (LMDR) zoning district
pursuant to the City's Community Development Code. The motion was duly seconded and
carried unanimously.
D. LEVEL 2 APPLICATIONS:
Item 01 ~ 949 Bav Esplanade. Owner/Anplieant: Keith H. I(uhlman and Marsha M. Stinson.
Representative: Lee Braun, Cooper Johnson Smith Architects, Inc.
location: 0.26 acres located on the west side of Bav Esplanade, approximatelv 600 feet
south of Carlouel Drive. Zoning: LMDR, Low Medium Densitv Residential District.
Reauest: Flexible Development approval of a Residential Infill Proiect with a reduced front
setback from 25 feet to 1.8 feet and a reduced side setback from five feet to four feet.
as part of a Residentiallnfill Proiect. Proposed Use: Existing sinale-familv dwellina with
aaroge addition. Case Fl 00-02-08
The applicants have requested Flexible Development approval of a Residentiallnfill
Project with a reducod front setback from 25 to 1.8 feet. The site, on the west side of Bay
Esplanade, is approximately 600 feet south of Carlouel Drive. Bay Esplanade is a two-lane,
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residential street with a 50-foot right-of~way. The site features a 4,294 square foot single-
family dwelling with an attached, two-car garage built in 1948. The garage, too narrow to
accommodate two vehicles, is set back from the front property line by approximately two
feet and from the north property fine by approximately nine feet. The applicants propose to
raze the garage and replace it with a 550-square foot garage. The proposal also includes.
relocation of the covered walkway on the garage's south side. The new walkway will align
with' the 'front door. The 25-foot front setback along Bay Esplanade seems extraordinary
given the narrow width of the road. The request to reduce the front setback (west) to 1.8
feet is in keeping with the area's character. The garage and covered walkway will not
encroach farther into the front setback than currently exists. The application and
supporting materials were reviewed by the DRC (Development Review Committee) on
March 9, 2000. The proposal complies with the standards and criteria for Flexible
. Development approval, with the maximum development potential, requirements of .
Residential Infill Projects, and with all applicable standards of the Community Development
Code. Staff recommends approval of the Flexible Development application.
In response to a question, Senior Planner Mark Parry said maximum height is not a
concern as'the basic zoning minimum for the LMDR district is 30 feet as measured from
base flood elevation. The top of the garage will be 26.3 feet above grade. In response to
a qUE/stion from Ms. Dougall-Sides, Mr. Parry agreed that the 15-foot maximum height for
residential infifl projects listed in the flexible development table is an error. Ms. Hardin said
that error is being corrected with the Code update. She said the Board is asked to approve
the higher height requirement as shown on the plan. In response to a question, Mr. Parry
said the proposed setback is consistent with other area homes. .
Member J~hnson moved based on the staff report presented and testimony at this
public hearing to recommend the City Commission approve Item D 1 for Flexible
Development approval for expansion of a single~family house with a reduced front setback
from 25 to 1.8 feet, and reduced side setback from 5 to 4 feet, with a height not to
exceed 30 feet, for property at 949 Bay Esplanade. The motion was duly seconded and
carriod unanimously. .
D. APPROVAL OF MINUTES OF PREVIOUS MEETING - March 21, 2000
Member Moran requested Item A 1, page one, paragraph three, sentence one read
"...continue Item A1 to a date uncertain."
Member Petersen requested Item F, page 12, paragraph three, sentence one read
".0. Gildersleeve, Petersen, rind Chair Figurski voted II Aye";...
Member Gildersleeve requested Item C1, page two, read "...Gildersleeve moved to
accept the' staff report and recommend approval of the annexation."
Member Moran moved to approve the minutes of March 21, 2000, as corrected.
The motion was duly seconded and carried unanimously.
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OTHER BUSINESS
Although not on the agenda, the Board heard resident Tom Sehlhorst's comments
regarding amendments to the Community Development Code. Mr. Sehlhbrst referred to
maps of North Myrtle Avenue and expressed concern Code provisions are detrimental for
this C!rea and limit permitted uses. He said he is unable to develop his property. He felt If
the area remains undeveloped, it will deteriorate. He said staff has turned down every
development proposal he has submitted.
, In response to a question, Ms. Hardin said self-storage is a flexible standard use
which requires a minimum 20,000 square foot lot size. None of Mr. Sehlhorst's properties
meets that requirement. The Commission has removed vehicle service use from the
Commercial District. Vehicle sales and service are now Flexible Standard and Flexible uses.
Vehicle sales/service reQuire a minimum lot size of 10,000 square feet within an enclosed
building with a minimum of 4,000 square feet. Vehicles must be displayed inside the
building. Ms. Hardin said staff. has Illet with Mr. Sehlhorst, however he has not submitted
a specific site plan. Staff has informed him that use must meet Code zoning district
requirements.
In response to a question, Mr. Sehlhorst said he has not considered uses besides
those prohibited by Code. He said he must compete with businesses in the County that do
not require occupational licenses. He said he has parties willing to build new buildings on .
his properties.
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E.
DIRECTOR'S ITEMS
Additions to the Code Amendment
Senior Planner Gina Clayton reviewed proposed amendments to the Community
Development Code. Substantive changes include: l' delete "bicycle" from the definition of
"vehicle." Revise definitiol1 of retail sales to include the leasing of any goods; 2) revise
fence regulations by: permitting fences within the setback on all waterfront lots; add
provision permitting deviations from the fence requirements for public projects pursuant to
a Level One (flexible standard) approval process; added clarification that chain fink fences
abutting public rights-of-way are prohibited; and added provision allowing fence boards to
be replaced on nonconforming fences provided posts are not replaced; 3) change the floor
area ratio requirement in the Tourist District from .30 to 1.0 to reflect Land Use Plan FAR;
4) reduce signage permitted on portable storage units from 16- to 12-square feet; 5) add
provisions restricting amount of development rights transferred from and to any site; 6)
. increase tree replacement costs from $42 to $48 per inch and revise section language to
only permit payment into the tree bank if the Community Development Coordinator
determines space is insufficient to replace the equivalent of all protected trees on site.
Also, refine the language and chart relating to tree replacement requirements; 7) expand
districts where Christmas tree and pumpkin sales are permitted; 8J add changes required by
the Pinellas Planning Council to ensure consistency with Countywide Rules. Maximum lot
areas are imposed for certain uses such as utility/infrastructure facilities, public
transportation facilities, parking lots, governmental uses, places of worship, vehicle sales, .
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adult uses, nightclubs, residential shelters, and transient accommodation in certain zoning
districts based on Countywide Rules threshold requirements. Added requirement that any
use approved as a comprehensive infill redevelopment project be permitted by the
underlying land use category.' Change several permitted uses in the Open Space/recreation
District to accessory uses and revised the definition of density to be consistent with the
Countywide Rules definition; 9) add criteria restricting the height of residential infill project
in the High Density Residential District to 80 feet unless located on Clearwater Bay; 10)
add section requiring maintenance of all aspects of an approved plan including but not
limited to paved areas, landscaped areas, irrigation systems, storm water facilities, and
detention/retention ponds; 11) incr'ease number of beds for nursing homes from 2.5 to 3.0
to be considered equivalent to one dwelling unit; 12) add exception that would permit
nonconforming owner occupied single family dwelling units to be reconstructed with the
same setbacks if destroyed beyond 50% of the value of the structure; and 13) add
provision permitting deviations from loading requirements through a Level 1 (flexible
standard) approval process.
Changes made by staff that are minor in nature include: 1) delete definitions:
shopping center, existing manuFactured home park, expansion of manufactured home park;
and new manufactured home. Add Chinese Tallow Sapium sebiferum to definition of
prohibited tree; 2) revise paint permit provision to apply to commercial structures instead of
co~mercial buildings; 3) reduce setback for freestanding signs from 10 feet from any
property line to 5 feet to reflect the changes approved in the summer????? amendments; 4J
increase height permitted for residential infill projects in the Medium High Density
Residential District from 30 feet to a range of 30 to 50 feet; 5) clarify that the tree credit
proposed for underdeveloped commercial property also applies to multi-family property; 6)
revise the native understory credit provision so that a credit also is possible if enhanced
tree preservation methods are undertaken during construction; 7) move an exception
sentence added to the land clearing and grubbing permit provisions to another part of the
section; 81 delete unnecessary language from the proper tree care section; 9) eliminate off-
street parking as a flexible standard use in the Institutional District. This was added in the
proposed amendments, but was eliminated because parking garages and lots are already
permitted in the district; 10) delete temporary use provision which states "special sales
markets shall not be approved for improved properties principally used for retail sales
between Thanksgiving Day and New Year's Day." 11) add an exception for minor site plan
amendment to the proposed triggers for parking and landscaping requirements. Delete the
requirement that properties along a scenic corridor must comply with all landscaping
requirements; 1 2} clarify language relating to appeals; 13) add requirement that any
affected neighborhood association and Citywide neighborhood association should be
notified of any public hearing for a level 2 or level 3 approval; 14) add language to
definition of sign that specifies that any sign seen from a body of water shall be considered
a sign; 15) delete references to the MU District in the Use Table at the beginning of Article.
2 and in the parking/loading section; 16) change parking requirements for comprehensive
infill from "refer to specific use" to "Determined by the Community Development
coordinator based on the specific use and/or ITE Manual standards"; 17) change the criteria
for reducing certain side and rear setbacks from tIthe reduction does not reduce the amount
of landscaped area otherwise required" to tIthe reduction results in landscaping in excess of
the amount required"; 18) delete criteria prohibiting research and technology uses in the
mcd0400
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04/1 8/00
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Industrial, Research, and Technology District from being contiguous to any residential
parcel; 1 9) delete provision .for self storage uses in the Industrial, Research, and
Technology District from beIng contiguous to any land used for residential purposes.
Rotaln portion of criteria that such use shall not be contiguous to land which is designated
.as. residential on the Zoning Atlas:' 20) revise language permitting monument signs in the
non-residential zoning districts; and 21) change the location of the definition of limited'
vehicle service.
In response to a question, Ms. Clayton said a monument sign is a low profile free-
standing sign with a solid base that is approximately the same dimension as the ,height or is
supported by at least two columns and is designed to incorporate the design of the
building. She said although not outlined in the above changes,' staff incorporated other
changes in the Code such as prohibiting exterior signs for accessory uses, and directional
signs to be required as permanent signs, etc. Ms. Dougall~Sides said a general requirement
for signage indicates all freestanding signs are to be setback five feet from the property
line. Ms. Clayton said the paint permit provision applies to all commercial structures,
fences, accessory structures, etc., not just the building. The provision deleting the
requirement that properties along a scenic corridor must comply with all landscaping
requirements can be found under the "trigger" section in Article 4. That requirement
applies for improvements beyond 25% of.the value of the structure. A temporary use
provision "Special sales markets shall not be approved for improved properties principally
used for rctail sales between Thanksgiving Day and New Year's Day" has been deleted.
Ms. Hardin said the Code already includes a provision to permit some temporary sales. A
provision was added restricting the height of any residential Infill project in the High
Density Residential District to 80 feet unless located on Clearwater Bay. If on Clearwater
Bay, the structure's height can be up to 130 feet. Ms. Clayton said a registry will be kept
on those residents of any affected neighborhood/citywide association for notification of
public hearings for a Level 2 or Level 3 approval. Ms. Hardin said at the May 2, 2000,
worksession, the Commission will revIew Code revisions. The first public hearing on '
revisions will be May 18, 2000, and the second on June 1, 2000. She anticipates
revisions may be in effect by the end of June.
Update of Annexation, Land Use Plan Amendment and Rezoning Cases
Ms. Hardin said staff will include a status report on annexation, land use plan
amendments, and rezoning cases in Board packets. This information also is distributed to
the PPC and Countywide Planning Authority. The DCA had returned the EAR (Evaluation
and Appraisal Report) based amendments to the Comprehensive Plan with minor changes.
The ordinance is scheduled this Thursday for Commission approval.
Staff was thanked for reducing the length of prcsentations. It was felt Mr.
Sehlhorst's neighborhood requires flexibility due to the limited types of viable uses in that
area. Staff was encouraged to address those types of unique neighborhoods. Ms. Hardin
agreed some flexibility should be allowed. Staff is concentrating on North Greenwood and
the downtown periphery plan. It is anticipated Mr. Siemon of Siemon and Larsen will
finalize the beach redevelopment plan this fiscal year.
mcd0400
8
04/18/00
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perf.orming a fee study to be completed in May 2000. In response to a question, Ms.
:Hardln said.'s nOl1c'onfarming sjngle~famllv home that is destroyed more. than 50% can be
reconstructed with original setbacks. She said in residential districts, flexibility is primarily, '
", . c:mthe sides and rear of the property. The Code Includes flexibility for all uses in all
. districts. . '
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Community Development Board Members
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'. Brenda Meises, City Clerk D.partment~ .
April 28, 2000
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Ralph Stone, Planning Department
,Cyndi Hardin, Planning Department
. Lisa Fierce, Planning Department
Patricia Sullivan. City Clerk Department
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.. At the April 18, 2000. 'community Development Board meeting, MembEir
Gildersleeve questioned the accuracy of the March 21,2000, meeting minutes,
specifically page 2, paragraph 7, sentence 1. After Iiste'ning to the tape of the
March ,meeting, it was discovered the language. as written is correct. .
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Thank you.
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