ORD 7993-08 MOTION TO AMEND 12-03-08 - December 16, 2008
MOTION TO AMEND ORDINANCE NO. 7993-08 ON SECOND READING
ON PAGE A - 1, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The introduction paragraph of the Future Land Use Element is amended as follows:
A. FUTURE LAND USE ELEMENT
INTRODUCTION
The purpose and intent of the Future Land Use Element is to provide a framework for
land use and zoning decisions. It establishes the allowable use, intensity and density
of land and provides for consistency between land use classifications and zoning atlas
districts. Additionally, this element provides for a citywide design structure consisting of
a hierarchy of places and the linkages between them to guide future development.
Since Clearwater is effectively built-out, the element provides for sustainable
redevelopment and infill development, as well as neighborhood preservation. Goals,
objectives and policies are designed to preserve and enhance community character
and quality of life, while ensuring the continued economic vitality of the community. The
City of Clearwater’s planning horizon for the Comprehensive Plan is 2018.
ON PAGE A - 2, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The twelfth bullet of the Future Land Use Needs Summary is amended as follows:
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Clearwater has a current population of approximately 110,831 people. Seasonal
residents add about 10,110 people during the winter months. The permanent
population is projected to increase to 120,028 121,352 by the year 2018 2020.
ON PAGE A - 2, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The Future Land Use Needs Summary is amended with the addition of a fifteenth bullet
as follows:
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The planning horizon for the City’s Comprehensive Plan is 2018. This is a 10-year
plan as per Chapter 163, F.S. and 9J-5.005(4), F.A.C., following adoption of City
Ordinance Number 7993-08 on December 18, 2008.
ON PAGE A – 14, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Motion to Amend Ordinance 7993-08
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Policy A.2.2.7 of the Future Land Use Element is amended as follows:
A.2.2.7 The City will provide density bonuses for affordable housing
developments that demonstrate that a minimum of 15% of the total
units are reserved as affordable housing units. Such bonuses shall
not exceed 50% of the density permitted by the Future Land Use
Map and shall not include properties located in the Coastal Storm
Area. The density bonus shall be established by ordinance in the
Community Development Code. The City will provide density
bonuses to developers of affordable housing and/or mixed-income
developments based on recommendations established in the City’s
Local Housing Assistance Plan and implemented through the City’s
Community Development Code.
ON PAGE A – 14, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
The Future Land Use Element is amended by the addition of new policy A.2.2.8
as follows:
A.2.2.8 All land use categories on the Future Land Use Map shall be
consistent with the density and intensity standards and other
standards contained in the Pinellas Planning Council Countywide
Plan Rules, including criteria and standards for nomenclature,
continuum of plan classifications and categories, use and
locational characteristics, map delineation, other standards, and
special rules.
ON PAGE A – 15, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Objective A.4.1 of the Future Land Use Element is amended as follows:
A.4.1 Objective – The City shall examine and upgrade the Concurrency
Management and information system as appropriate for granting
development permits. This system shall continue to consider the current,
interim, and ultimately desired Levels of Service for roads traffic
circulation, transit, water, sewer, garbage collection, public school
facilities, and drainage systems and shall provide data on sub-sectors of
the City in which service deficiencies exist or in which services are
adequate to serve existing and planned new development. This level of
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service status will be considered and made part of the staff
recommendation at the time of zoning, site plan, or plat approval. The level
of service monitoring system shall be adjusted, at a minimum, annually to
determine adequacy of service capacity.
Should a requested development permit result in approvals which would
burden service systems above adopted levels, permission to proceed with
the development will not be granted until the City has assured that
adequate services will be available concurrent with the impacts of
development.
ON PAGE A – 15 AND A - 16, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Policy A.4.1.1 of the Future Land Use Element is amended as follows:
A.4.1.1 No new development or redevelopment will be permitted which
causes the level of City services (roads, traffic circulation,
recreation and open space, water, sewage treatment, garbage
collection, public school facilities, and drainage) to fall below
minimum acceptable levels. However, development orders may be
phased or otherwise modified consistent with provisions of the
concurrency management system to allow services to be upgraded
concurrently with the impacts of development.
ON PAGE A – 16, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Policies A.4.1.2 and A.4.1.3 of the Future Land Use Element are amended as
follows:
A.4.1.2 For the road links enumerated in the Transportation Element, a
tiered level of service is established. The initial level of service for
the purpose of issuing development permits shall be increased
after improvements are complete, consistent with the construction
initiation dates.
A.4.1.2
A.4.1.3 The City shall recognize the overriding Constitutional principle that
private property shall not be taken without due process of law and
the payment of just compensation, which principle is restated in
Section 163.3194 (4) (a), Florida Statutes.
Motion to Amend Ordinance 7993-08
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ON PAGE A – 23, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Policy A.6.1.12 of the Future Land Use Element is amended as follows:
A.6.1.12 The City of Clearwater will continue to promote infill development
and redevelopment to provide opportunities and conditions for the
provision of accessory dwelling units.
ON PAGE B - 6, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Objective B.1.5 of the Transportation Element is amended as follows:
B.1.5 Objective – All County and State roadways in Clearwater, except those
identified as backlogged or constrained by the Pinellas County MPO, shall
operate at level C average daily/D peak hour.
ON PAGE B - 7, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy B.1.5.5 of the Transportation Element is amended as follows:
B.1.5.5 The City shall continue to participate with the MPO and/or its
Technical Coordinating Committee (TCC) to ensure that the level
of service standard for US Highway 19, a Strategic Intermodal
System (SIS) facility is will be consistent with FDOT’s LOS
designation of D for this road.
ON PAGE B - 10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Objective B.2.3 of the Transportation Element is amended by the addition of the
following:
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US Highway 19 From: N of Whitney Rd. to S of Seville Blvd. State
Summary: Reconstruct US 19 w/Frontage Rd., Belleair Interchange
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US Highway 19 From: S of Seville Blvd. To N of SR 60
State
Summary: Reconstruct US 19 w/Frontage Rd., Seville Interchange
ON PAGE C - 3, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
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Policy C.1.1.8 of the Housing Element is amended as follows:
C.1.1.8 The City may permit Consider one accessory dwelling units per lot
wherever they such units can be accommodated by adequate lot
area, and provided that they meet strict compliance standards such
as building restrictions, visual buffering, parking and other
requirements to be developed for inclusion in the Community
Development Code.
ON PAGE C - 10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy C.1.9.1 of the Housing Element is amended as follows:
C.1.9.1 The City will provide density bonuses for affordable housing
developments that demonstrate that a minimum of 15% of the total
units are reserved as affordable housing units. Such bonuses shall
not exceed 50% of the density permitted by the Future Land Use
Map and shall not include properties located in the Coastal Storm
Area. The density bonus shall be established by ordinance in the
Community Development Code. Permit density increases for
development projects incorporating affordable housing units.
ON PAGE C - 10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policies C.1.9.4 and C.1.9.5 of the Housing Element are amended as follows:
C.1.9.4 Through the Downtown Public Amenities Incentive Pool, density
increases shall be available to projects incorporating affordable
housing units.
C.1.9.5 Accessory dwelling units may be permitted in certain areas of the
Downtown, as an accessory use to a single-family or two-family
dwelling, provided that sufficient parking exists.
ON PAGE C - 10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy C.1.10.1 of the Housing Element is amended as follows:
C.1.10.1 Consider providing density bonuses for Encourage affordable
housing projects that are constructed consistent with US Green
Building Council’s (USGBC) Leadership in Energy and
Environmental Design (LEED) principles or the Florida Green
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Building Coalition’s (FGBC) Green Land Development and Building
Standards.
ON PAGE D - 1, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The second, third and fourth bullets of the Utilities Needs Summary for Sanitary Sewer
are amended as follows:
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The minimum level of service standard is an average of 127 gallons per person per
day (GPCD). The Marshall Street treatment facility provides service at a rate of one
hundred and twenty-four (124) gallons per capita per day (GPCPD).
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The Clearwater East treatment facility provides service at a rate of one hundred and
fourteen (114) gallons per capita per day (GPCPD). The East plant and Northeast
plant are connected by a two-way force main.
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The Northeast Regional Wastewater treatment facility provides service at a rate of
one hundred and forty eight (148) gallons per capita per day (GPCPD).
ON PAGE E - 3, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Objective E.1.2 of the Coastal Management Element is amended as follows:
E.1.2Objective - The coastal storm area shall be the area delineated in Map E-1
13-8 of the Coastal Management Element, which encompasses all of the
following:
(1) the Coastal High Hazard Area (CHHA), which shall be defined by
the
Sea, Lake and Overland Surges from Hurricanes (SLOSH)
model to be inundatedfrom a category one hurricane, as reflected
in the most recent
Regional Evacuation Study, Storm Tide Atlas,
(2) all land connected to the mainland of Clearwater by bridges or
causeways
(3) those isolated areas that are defined by the model to be
SLOSH
inundated by a category two hurricane or above and that are
surrounded by the CHHA or by the CHHA and a body of water, and
(4) all land located within the Velocity Zone as designated by the
Federal Emergency Management Agency.
Motion to Amend Ordinance 7993-08
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The City shall direct permanent population concentrations away from the
coastal storm area consistent with the goals, objectives and policies of the
.
Clearwater Comprehensive Plan
ON PAGES E – 3 AND E - 4, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Policy E.1.2.1 of the Coastal Management Element is amended as follows:
E.1.2.1 If 20% or more of a parcel of land is located within the coastal
storm area, then the entire parcel shall be considered within the
coastal storm area, with the exception of specific parcels located
on the bluffs of Clearwater Harbor that the City has identified in
Map E-1 13-8 of the Comprehensive Plan. However, if either a
parcel of land or a group of parcels that are part of a master
development plan is equal to or greater than 5 acres and less than
50% of the parcel or group of parcels is within the coastal storm
area, the property owner may elect to provide a survey of the
parcel or parcels to determine the exact location of the coastal
storm area.
ON PAGES E – 9 AND E-10, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Policy E.3.1.4 of the Coastal Management Element is amended as follows:
E.3.1.4 Ensure that construction of necessary infrastructure improvements
in the coastal storm area are phased to coincide with the demands
generated by development or redevelopment in support of the
proposed densities permitted by the City’s adopted of the Future
Land Use Element. Plan Map.
The Coastal Management Element is amended by the addition of new Policy E.3.1.5 as
follows:
E.3.1.5 The City’s public expenditures in the CHHA, when available, will
include program improvements that will restore and enhance
natural resources.
ON PAGE E – 13, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy E.4.1.9 of the Coastal Management Element is amended as follows:
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E.4.1.9 Prepare by 2012, a post disaster redevelopment plans in an effort
to reduce or eliminate the exposure of human life and public and
private property to natural disasters.
ON PAGE H - 4, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy H.1.1.11 of the Intergovernmental Coordination Element is amended as follows:
H.1.1.11The City shall establish specific policies to provide for enhanced
hurricane and disaster management coordination between the City,
Pinellas County, Pinellas County School Board, other cities, the
Tampa Bay Regional Planning Council, and the State of Florida
with particular emphasis on public outreach and education.
ON PAGE I – 5, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy I.1.1.8 of the Capital Improvements Element is amended as follows:
Policy I.1.1.8 The City shall, in cooperation with Pinellas County as approved by
the voters in March 1997, and extended in March 2007, maintain a
Local Government Infrastructure Surtax (LGIS) for the purpose of
supplementing current revenue sources in order to fund the capital
improvements called for in this Plan.
ON PAGE I - 7, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy I.1.3.2 of the Capital Improvements Element is amended as follows:
I.1.3.2 The City shall determine, prior to the issuance of development
orders, whether sufficient capacity of essential public facilities to
meet the minimum standards for levels of service for the existing
population and a proposed development will be available
concurrent with the impacts of the proposed development. The
applicable water supplier shall be consulted prior to the issuance
of a building permit to ensure potable water will be available prior
to the issuance of a certificate of occupancy.
ON PAGE I - 8, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy I.1.3.3 Subsection 3 of the Capital Improvements Element is amended as
follows:
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I.1.3.3
3. For roads and mass transit, transportation facilities needed
to serve new development shall be in place or under actual
construction within 3 years after the City approves a building
permit that results in traffic generation. the concurrency
requirement will be satisfied by the criteria contained in
Policy 32.3.3.1 or Policy 32.3.3.2 or if, in areas in which the
City has committed to provide the necessary public facilities
in accordance with the schedule of capital improvements,
actual construction of the road or mass transit facilities is
scheduled to commence in of before the third year of the
schedule provide that the necessary public facilities will be
available to accommodate the impact of the development.
ON PAGE I - 9, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy I.1.3.5.3 (c) iii of the Capital Improvements Element is amended as follows:
amend this Comprehensive Plan to modify the
iii.
adopted standard for the level of service so as to
reduce the required facility to equal the applicant’s
needs, excluding Strategic Intermodal System (SIS),
Federal Intrastate Highway System (FIHS), and
Transportation Regional Impact Project (TRIP)
funded state roads.
ON PAGE I - 9, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy I.1.3.7 of the Capital Improvements Element is amended as follows:
I.1.3.7 Standards for the minimum level of service to be provided by
essential public facilities within the jurisdiction of the City of
Clearwater are established in the applicable element and outlined
in the following Table: Summary of Level of Service Standards.
Table: Summary of Level of Service Standards
Facilities Element LOS Standard
Transportation Transportation LOS C daily and LOS D pm peak for all roads in the
City
Sanitary Sewer Utilities Average of 127gallons per person per day (GPCD)
Solid Waste Utilities Average Solid Waste Generator Rate of 7.12 pounds
per capita per day
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Stormwater Utilities Design storm:
10 – year storm frequency for all new street
development using the rational design method
25 – year frequency with positive outfall for major
storm systems with basin time of intensities controlling
the duration.*
50 – year storm frequency when no outfall and
discharge is to street right-of-way.*
100 – year storm frequency when no outfall and
discharge is across private property.*
* Design standards for stormwater quality
treatment/storage quantity shall conform to the current
SWFWMD requirement [Presently being the SCS Unit
Hydrograph design method, using the design storm
frequency and a twenty-four (24) hour duration for
sites ten (10) acres or more, and the rational design
method for sites under ten (10) acres].
Potable Water Utilities Average Water Consumption Rate
and Natural 120 gallons per capita per day at a pressure of 40-45
Ground Water psi.*
Aquifer
Recharge *Continue to maintain water consumption of one
hundred twenty (120) GPCPD or less as per the
conditions set forth by Clearwater’s Water Use Permit.
Hurricane Coastal 16 hours (out of county for a category 5-storm event
evacuation Management as measured on the Saffir-Simpson scale)
Parks Recreation and 4 acres of parkland per one thousand (1,000) persons
Open Space for Citywide application
Schools Public School District-wide Level-of-Service Standard: Student
Facilities enrollment plus vested students divided by Florida
Inventory of School Houses (FISH) School Capacity
plus additional capacity does not exceed 100 percent.
This level-of-service standard shall apply to each type
of public school facility
ON PAGE I - 11, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy I.1.7.1 of the Capital Improvements Element is amended as follows:
I.1.7.1 The City shall utilize the following level-of-service standard for
public school facilities, which shall be applied consistently district-
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wide by the School District and by the local governments within
Pinellas County that signed the Public Schools Interlocal
Agreement (the partner local governments).
District-wide level-of-service sStandard: Student enrollment plus
vested students divided by Florida Inventory of School Houses
(FISH) School Capacity plus additional capacity does not exceed
100 percent. This level-of-service standard shall apply to each
type of public school facility.
District-wide level-of-service Standard: Student enrollment plus
vested students divided by Florida Inventory of School Houses
(FISH) School Capacity plus additional capacity does not exceed
100 percent. This level-of-service standard shall apply to each
type of public school facility.
ON PAGE J - 3, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy J.1.2.1 of the Public School Facilities Element is amended as follows:
J.1.2.1 The City hereby adopts, consistent with Section 11 of the Public
Schools Interlocal Agreement, the following level-of-service
standard, which shall be applied consistently district-wide by all
partner local governments within Pinellas County and by the
School District.
District-wide level-of-service sStandard: Student enrollment plus
vested students divided by Florida Inventory of School Houses
(FISH) School Capacity plus additional capacity does not exceed
100 percent. This level-of-service standard shall apply to each
type of public school facility.
District-wide level-of-service Standard: Student enrollment plus
vested students divided by Florida Inventory of School Houses
(FISH) School Capacity plus additional capacity does not exceed
100 percent. This level-of-service standard shall apply to each
type of public school facility.
ON THE FUTURE LAND USE ELEMENT MAP #: A-3, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
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The title block for the Future Land Use Element Map #: A-3 is amended as follows:
Future Land Use: 2018
ON THE TRANSPORTATION ELEMENT MAP #: B-1, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-1 is amended as follows:
Road Network: Existing
Existing Level of Service
(Major Road Network)
ON THE TRANSPORTATION ELEMENT MAP #: B-2, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-2 is amended as follows:
Road Network: 2018 2025
Level of Service
(Major Road Network)
ON THE TRANSPORTATION ELEMENT MAP #: B-3, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-3 is amended as follows:
Lane Arrangement
2008 - 2018
ON THE TRANSPORTATION ELEMENT MAP #: B-4, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-4 is amended as follows:
Road Network:
Existing Jurisdictional Classification
2008 – 2018 Classification
ON THE TRANSPORTATION ELEMENT MAP #: B-5, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
Motion to Amend Ordinance 7993-08
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The title block for the Transportation Element Map #: B-5 is amended as follows:
Road Network: Existing
Existing
Functional Classification
ON THE TRANSPORTATION ELEMENT MAP #: B-6, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-6 is amended as follows:
Road Network: 2025
2018
Functional Classification
ON THE TRANSPORTATION ELEMENT MAP #: B-7, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-7 is amended as follows:
Major Trip Attractors
and Generators
2008 – 2018
ON THE TRANSPORTATION ELEMENT MAP #: B-8, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-8 is amended as follows:
Bike and Pedestrian
Routes
2008 - 2018
The Transportation Element Map #: B-8 is amended with changes to the Legend key
and the map drawing to clarify and differentiate between the existing and proposed
routes, including the addition of the Memorial Causeway/Druid Road Trail and the
Progress Energy Trail.
Motion to Amend Ordinance 7993-08
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ON THE TRANSPORTATION ELEMENT MAP #: B-9, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-9 is amended as follows:
Public Transit
Routes 2008 – 2018
ON THE TRANSPORTATION ELEMENT MAP #: B-10, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-10 is amended as follows:
Airpark Land Use
2008 – 2018
ON THE TRANSPORTATION ELEMENT MAP #: B-11, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-11 is amended as follows:
Airpark Plan
2008 – 2018
ON THE TRANSPORTATION ELEMENT MAP #: B-12, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-12 is amended as follows:
Airpark Noise Contours
2008 – 2018
ON THE COASTAL MANAGEMENT ELEMENT MAP #: E-1, AMEND EXHIBIT
A OF THE ORDINANCE AS FOLLOWS:
The Legend in the title block for the Coastal Management Element Map #: E-1 has
been amended for clarity, with no changes to the map.
Pamela K. Akin
City Attorney
December 18, 2008
Motion to Amend Ordinance 7993-08
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