HomeMy WebLinkAboutPLN 16-15 Cluj o� = Report to
Planning & Development Committee
PICKERING
ING Report Number: PLN 16-15
Date: December 7, 2015
From: Thomas Melymuk
Director, City Development
Subject: Zoning By-law Amendment Application A 3/15
Draft Plan of Subdivision Application SP-2015-02
Draft Plan of Condominium Application CP-2015-01
1144317 Ontario Limited
Plan 1051, RCP Lot 126, 40R-23692 Part 1
(1741 Fairport Road)
Recommendation:
1. That Draft Plan of Subdivision Application SP-2015-02, submitted by 1144317
Ontario Limited, on lands being Plan 1051, RCP Lot 126, 40R-23692 Part 1, to
establish a single development block to facilitate a common element condominium
consisting of 9 lots for detached dwellings, as shown on Attachment#3 to Report
PLN 16-15, and the implementing conditions of approval, as set out in Appendix I,
be endorsed; and
2. That Zoning By-law Amendment Application A 3/15, submitted by 1144317 Ontario
Limited, to implement Draft Plan of Subdivision SP-2015-02, on lands being
Plan 1051, RCP Lot 126, 40R-23692 Part 1, be endorsed with the provisions
contained in Appendix II to Report PLN 16-15, and that staff be authorized to
finalize and forward the implementing Zoning By-law Amendment to Council for
enactment.
Executive Summary: 1144317 Ontario Limited has submitted applications for the
development of,a common element condominium consisting of 9 lots for detached
dwellings on the lands located on the east side of Fairport Road, immediately north of
the Canadian National Railway corridor, in the Dunbarton Neighbourhood (see Location
Map, Attachment#1).
In response to identified concerns, the applicant revised their proposal by: removing the
vehicular access to Dunbarton Road; adding visitor parking spaces along the internal
private road; and erecting a privacy fence along the north and east property lines (see
Submitted Concept Plan, Attachment#2, and Revised Submitted Plan, Attachment#3).
The issue of whether an all-way stop control is warranted at the intersection of
Dunbarton Road and Fairport Road is still under review by the City's Engineering &
Public Works staff.
Report PLN 16-15 December 7, 2015
Subject: 1144317 Ontario Limited (SP-2015-02, CP-2015-01 and A 3/15) Page 2
In light of the revisions to the proposal, staff supports the proposed residential
development as it is compatible with the established residential community surrounding
Fairport Road, implements the policies of the Official Plan, and conforms to the
Dunbarton Neighbourhood Development Guidelines. Accordingly, staff recommends
that Council endorse Zoning By-law Amendment Application A 3/15, Draft Plan of
Subdivision SP-2015-02, and the related conditions of approval.
Financial Implications: No direct costs to the City are anticipated as a result of the
recommendations of this report.
1. Background
1.1 Property Description
The subject property is located on the east side of Fairport Road, immediately
north of the Canadian National Railway (CNR) corridor, in the Dunbarton
Neighbourhood (see Location Map, Attachment#1). The property has a land
area of approximately 0.5 of a hectare with approximately 40.5 metres of
frontage along Fairport Road and approximately 4.3 metres of frontage along
Dunbarton Road. The property is currently vacant.
Surrounding land uses to the north, east and west include low density residential
development consisting of two-storey detached dwellings. To the south, is the
CNR corridor, and further south are two automobile dealerships.
1.2 Applicant's proposal
The applicant originally proposed 9 lots for detached dwellings with a minimum
lot frontage of 12.0 metres fronting onto an internal private road. The private
road had a two-way access at Fairport Road and a one-way, outbound access at
Dunbarton Road. A 3.4 metre high berm was proposed along the southern
portion of the subject lands for noise attenuation and as a crash wall barrier from
the existing CNR tracks (see Submitted Concept Plan, Attachment #2).
Based on comments received from City staff, agencies, and area residents, the
applicant has made a number of revisions to the proposal. The changes are
highlighted on the Revised Submitted Plan (see Attachment#3), and listed
below:
• eliminated the one-way outbound vehicular access at Dunbarton Road
• revised the internal private road to have a pavement width of 6.5 metres with
a hammerhead turn around
• provided for up to 15 visitor parking spaces along the south side of the •
internal private road
Report PLN 16-15 December 7, 2015
Subject: 1144317 Ontario Limited (SP-2015-02, CP-2015-01 and A 3/15) Page 3
• re-oriented the front door entrance for the dwelling on Lot 1 to face
Fairport Road (garage entrance will be from the internal private road)
• agreed to erect a 1.8 metre high wood privacy fence along the north and
east property lines
The purpose of the Draft Plan of Subdivision application is to create a single
development block. This is a technical requirement to allow the applicant to
create the privately owned parcels and the parcels for the common elements of
the development through a process called "lifting part lot control" (see Submitted
Draft Plan of Subdivision, Attachment#4). The draft plan of condominium is to
create the tenure of the parcels in the development. Common element features
include, but are not limited to: the private road; berm/crash wall; visitor parking;
community mailboxes; and water meter room (see Proposed Area for Common
Element Condominium, Attachment#5).
2. Comments Received
2.1 January 15, 2015 Open House, March 2, 2015'Public Information Meeting,
and Written Submissions
An Open House meeting was held on January 15, 2015 to allow area residents to
learn more about the new residential proposal, as well as review and comment
on the plans that the applicant submitted. Three residents attended the meeting.
A Public Information Meeting was held on March 2, 2015 at which eight residents
attended to voice their comments regarding the proposed development.
Residents along Dunbarton Road identified concerns regarding:
• pedestrian and vehicle safety as a result of the alignment of the proposed
access to Dunbarton Road
• insufficient separation between the proposed dwellings and the existing
dwellings fronting onto Dunbarton Road as the proposed rear yard setback is
only 7.0 metres
• requested the easterly two lots be removed
• requested a wood privacy fence be erected along the north and east property
lines prior to any construction on the site
Other concerns identified by area residents and business owners include:
• increased traffic along Dunbarton Road and Fairport Road
• requested that a full three-way stop control be implemented at the
. intersection of Dunbarton Road and Fairport Road
• requested that the principal entrance of the most westerly dwelling front
Fairport Road to improve the streetscape along that road
• the owners of Formula Ford and Durham Chrysler requested that a warning
clause be incorporated into the City's agreements (site plan and/or
condominium agreement), which identifies the existing car dealerships
immediately south of the CN Railway corridor as a possible noise source
Report PLN 16-15 December 7, 2015
Subject: 1144317 Ontario Limited (SP-2015-02, CP-2015-01 and A 3/15) Page 4
• the owners of Formula Ford and Durham Chrysler requested that a warning
clause be incorporated into the City's agreements (site plan and/or
condominium agreement), which identifies the existing car dealerships
immediately south of the CN Railway corridor as a possible noise source
2.2 City Departments and Agency Comments
Region of Durham • the Regional Official Plan (ROP) designates the subject
lands as "Living Areas", which shall be used
• predominately for housing purposes
• staff have reviewed the Phase 1 Environmental Site
Assessment (ESA), prepared by Envirovision Inc., which
identified that there are no on-site or off-site sources of
soil or groundwater contamination associated with the
property; however, the applicant is required to revise the
submitted Phase 1 ESA report to bring it into conformity
with the Ministry of the Environment's standards, and
should the conclusion of the revised report change, a
Phase 2 ESA and a Record of Site Condition may be
required '
• sanitary sewer and municipal water supply is available to
service the proposed lots
• the design of the internal private roadway does not meet
the minimum requirements for Regional waste and
recycling services as per the Region's "Technical
Guidelines"; therefore, private waste collection may be
required
• the proposed development supports infill development
within the urban area, consistent with the policies and
direction of the ROP and has provided its conditions of
draft approval
Canadian • no objection to the proposal
National Railway • generally satisfied with the location and width of the
(CNR) crash wall
• requires that the final design of the crash wall be
reviewed and approved by a third party reviewer
• CNR has provided conditions of approval
City of Pickering • no objection to the proposal
Engineering & • matters with respect to grading and drainage, tree
Public Works preservation and protection, fencing details and
Department requirements, and stormwater management details will
be further reviewed through the Site Plan Approval
process
Report PLN 16-15 December 7, 2015
Subject: 1144317 Ontario Limited (SP-2015-02, CP-2015-01 and A 3/15) Page 5
3. Planning Analysis
3.1 The proposal conforms to the density provisions the Pickering Official Plan
The Pickering Official Plan designates the subject property as "Urban Residential
— Low Density Areas" within the Dunbarton Neighbourhood. Lands within this
designation are intended primarily for housing at a net residential density of up to
and including 30 units per net hectare. The proposed development will result in a
density of approximately 18.0 units per net hectare, which is within the density
range for lands designated Residential Low Density in the City's Official Plan.
3.2 The proposal is consistent with the policies of the Dunbarton
Neighbourhood Development Guidelines
The subject lands are located within the Dunbarton Neighbourhood for which
Development and Design Guidelines have been established and adopted by
Council. The Guidelines contain provisions about such matters as lot frontages,
dwelling types, building heights and setbacks, and future road patterns to ensure
that development occurs in a manner that is appealing, orderly, and consistent
with the character of the neighbourhood.
The proposed lot frontages (minimum 12.0 metres), building heights (maximum
9.0 metres), and side yard setbacks (1.2 metres one side; 0.6 metres the other
side) are consistent with the Guidelines, the existing zoning in the immediate
area, and the recently approved developments along Fairport Road.
Appendix II to this report outlines the recommended zoning performance
•
standards for the zoning by-law. The overall development proposal of nine
freehold lots for detached dwellings is an appropriate infill opportunity that is in
keeping with the character of the established neighbourhood.
3.3 Revisions to the proposal address various concerns identified by area
residents
Residents along Dunbarton Road indicated that the alignment of the proposed
access onto Dunbarton Road would create sightline issues, increasing
pedestrian and vehicular safety concerns. The applicant has agreed to eliminate
the one-way outbound access at Dunbarton Road and the internal private road
has been revised with a hammerhead turn around with up to 15 visitor parking
spaces along the south side of the road.
Other concerns raised were increased traffic impacts on Dunbarton Road and
Fairport Road as a result of this development, and a request for an all-way stop
signs at the intersection Dunbarton Road and Fairport Road. The City's
Engineering & Public Works staff have reviewed the proposal and indicated that
the traffic generated by this development will have no impact on the existing road
network. However, staff have not completed their investigation whether an all-way
stop control is warranted at the intersection of Dunbarton Road and Fairport Road.
Matters taken into consideration of the installation of the all-way stop control
includes collection of traffic counts, and review of collision history and sightlines.
Report PLN 16-15 December 7, 2015
Subject: 1144317 Ontario Limited (SP-2015-02, CP-2015-01 and A 3/15) Page 6
Residents to the north fronting Dunbarton Road requested that a privacy fence
be erected along the north and east property lines prior to construction. The
applicant has agreed to erect a 1.8 metre high board-on-board privacy fence
along the north and east lot lines. However, the applicant has indicated that the
privacy fence cannot be erected until preliminary grading is completed, and a
below grade infiltration trench is constructed just south of the north property line
to ensure that drainage from this development is contained on-site. In the
interim, a temporary construction fence will be provided to migrate any impacts
from construction noise and debris. Additionally, as a condition of approval the
applicant will be required to submit a Construction Management Plan, which will
address specific matters such as: parking of construction vehicles; storage of
construction and building materials; construction access; timing of construction
fencing; and details of erosion and sedimentation.
The applicant has also agreed to design the dwelling on Lot 1 to have the
principal entrance facing Fairport Road. The applicant has also indicated that
they will include a warning clause in the purchase and sales agreement and the
condominium declaration advising future purchasers that the existing automobile
dealerships south of the subject property could be a possible noise source.
3.4 Technical matters will be addressed as conditions of subdivision approval
and through site plan approval
To ensure appropriate development, the City, Region and agency requirement
have been imposed as conditions of approval for the subdivision application.
Additionally, the development will be subject to site plan approval. Technical
matters to be further addressed include, but not limited to: construction access;
stormwater management; noise mitigation measures including erection of a noise
attenuation fence and noise warning clauses; on-site grading; site servicing;
landscaping; boulevard street tree planting; architectural control; and design and
construction details of the berm/crash wall. The conditions of approval set out in
Appendix I to this Report, address these (and other) matters. It is recommended
that Council endorse these conditions.
3.5 Staff recommend that a zoning by-law amendment be finalized and
forwarded to Council for enactment
The applicant is requesting to rezone the subject lands from a "C-20" General
Commercial zone to an appropriate residential zone category to facilitate the
proposal. Staff supports the rezoning application and recommends that the site
specific implementing by-law, containing the standards outlined in Appendix II, be
brought before Council for enactment following approval of the draft plan of
subdivision.
3.6 Applicant's Comments
The applicant has been advised of the recommendations of this report.
Report PLN 16-15 December 7, 2015
Subject: 1144317 Ontario Limited (SP-2015-02, CP-2015-01 and A 3/15) Page 7
Appendices
Appendix I Recommended Conditions of Approval for Draft Plan of Subdivision
SP-2015-02
Appendix I I Recommended Performance Standards for Zoning By-law Amendment
Application A 3/15
Attachments
1. Location Map
2. Submitted Concept Plan
3. Revised Submitted Plan
4. Submitted Draft Plan of Subdivision
5. Proposed Area for Common Element Condominium
Approved/Endorsed B
Prepared By: pp By:
y
Amy Emm, MCIP, RPP Catherine Rose, MCIP RPP
Plan -r II Chief Planner
Nile, `urti, M IP, RPP Thomas Melymu MCIP RPP
Manager, Development Review Director, City Development
& Urban Design
AE:NS:Id
Recommended for the consideration
of Pickering City Council
/ / e6 i•tortY'• 211 2a1-5
Tony Prevedel, P.Eng.
Chief Administrative Officer
Appendix Ito
Report PLN 16-15
Recommended Conditions of Approval
for Draft Plan of Subdivision SP-2015-02
Recommended Conditions of Approval for
Draft Plan of Subdivision SP-2015-02
General Conditions
1. The Owner shall prepare the final plan generally on the basis of the draft plan of
subdivision prepared by Tom A. Senkus, dated December 16, 2014, identified as
Plan 1051, RCP Lot 126, Now 40R23692 Part 1, which illustrates one
development block and one 0.3 metre reserve block.
40M-Plan
2. That the Owner submits a Draft 40M-Plan to the satisfaction of the City
Development Department.
Zoning
3. That the implementing by-law for Zoning By-law Amendment Application A 3/15
becomes final and binding.
Subdivision Agreement
4. That the Owner enters into a subdivision agreement with and to the satisfaction
of the City of Pickering to ensure the fulfillment of the City's requirements,
financial and otherwise, which shall include, but not necessarily be limited to the .
conditions outlined in this document.
Pre-Condition Survey
5. That the Owner submits a pre-condition survey for 1743 Fairport Road,
905 Dunbarton Road, 907 Dunbarton Road, 909 Dunbarton Road,
911 Dunbarton Road and 921 Dunbarton Road to the satisfaction of the City.
The survey must be prepared by a qualified professional and must be undertaken
prior to any site works commencing.
Street Names
6. That street names and signage be provided to the satisfaction of the Region and
the City.
Development Charges & Inspection Fee
7. That the Owner satisfies the City financially with respect to the Development
Charges Act.
8. That the Owner satisfies the City for contributions for development review and
inspection fees.
•
Recommended Conditions of Approval (SP-2015-02 — 1144317 Ontario Ltd.) Page 2
Stormwater
9. That the Owner satisfies the Director, Engineering & Public Works respecting the
stormwater drainage and management system to service all the lands in the
subdivision, and any provision regarding easements.
10. That the Owner satisfies the Director, Engineering & Public Works for
contributions for stormwater management facilities maintenance fees.
11. That the Owner satisfies the Director, Engineering & Public Works that all
stormwater management facilities, and erosion and sedimentation control
structures are operating and will be maintained and in good repair during the
construction period.
Grading
12. That the Owner satisfies the Director, Engineering & Public Works respecting the
submission and approval of a grading control plan.
13. That the Owner satisfies the Director, Engineering & Public Works respecting the
submission and approval of a geotechnical soils analysis.
14. That the Owner satisfies the Director, Engineering & Public Works respecting
authorization from abutting landowners for all off-site grading.
Fill & Topsoil
15. That the Owner acknowledges that the City's Fill & Topsoil Disturbance By-law
prohibits soil disturbance, removal or importation,to the site unless a permit has
been issued. No on-site works prior to draft plan approval is permitted. A Fill &
Topsoil Disturbance Permit will be required should grading works proceed prior
to the subdivision agreement being executed.
Construction/Installation of City Works & Services
16. That the Owner satisfies the Director, Engineering & Public Works respecting the
construction of roads, storm sewers, sidewalks and boulevard designs through a
site servicing plan.
17. That the Owner satisfies the City respecting arrangements for the provision of all
services required by the City.
18. That the Owner satisfies the appropriate authorities respecting arrangements for
the provision of underground wiring, street lighting, cable television, natural gas
and other similar services.
Recommended Conditions of Approval (SP-2015-02 — 1144317 Ontario Ltd.) Page 3
19. That the Owner agrees that the cost of any relocation, extension, alteration or
extraordinary maintenance of existing services necessitated by this development
shall be the responsibility of the Owner.
Easements
20. That the Owner conveys to the City, at no cost, any easements as required and
any reserves as required by the City.
21. That the Owner conveys any easement to any utility provider to facilitate the
installation of their services in a location(s) to the satisfaction of the City and the
utility provider.
22. That the Owner arranges, at no cost to the City, any easements required on third
party lands for servicing, and such easements shall be in a location as
determined by the City and/or the Region and are to be granted upon request
any time after draft approval.
23. That the Owner satisfies the Director, Engineering & Public Works with any
required easement for works, facilities or use rights that are required by the City.
Construction Management Plan
24. That the Owner makes arrangements with the City respecting a construction
management plan, such Plan to contain, among other matters:
(i) details of erosion and sedimentation controls during all phases of
construction and provide maintenance requirements to maintain these
controls as per the City's Erosion & Sediment Control Guideline for Urban
Construction;
(ii) addressing the parking of vehicles and the storage of construction and
building materials during servicing and house construction, and ensuring
that such locations will not impede the flow of traffic or emergency
vehicles on existing streets, proposed public streets, or the right-of-way to
abutting properties along Dunbarton Road or Fairport Road;
(iii) assurance that the City's Noise By-law will be adhered to and that all
contractors, trades and suppliers are advised of this By-law;
(iv) the provision of mud and dust control on all roads within and adjacent to
the site;
(v) type and timing of construction fencing and existing trees to be retained;
(vi) location of construction trailers; and
(vii) details of the temporary construction access.
Recommended Conditions of Approval (SP-2015-02 — 1144317 Ontario Ltd.) Page 4
Fencing
25. That the Owner satisfies the City with respect to the provision of temporary
fencing around the entire perimeter of the subject lands during construction, prior
to the commencement of any works.
26. That the Owner agrees to install a 1.8 metre high board-on-board wood privacy
fence along the north and east property lines where there is adjacent existing
residential fronting Dunbarton Road.
27. That the Owner agrees to install metal chain link fencing along the south and
west property lines where adjacent to the crash wall/berm.
Landscaping
•
28. That the Owner satisfies the Director, Engineering & Public Works respecting the
submission and approval of a street tree-planting plan.
29. That the Owner satisfies the Director, City Development with the submission of a
tree preservation plan which will illustrate the protection of trees and other natural
features where appropriate, with specific attention to preservation in all public
open spaces prior to the approval of a preliminary grading plan.
Tree Compensation
•
30. That the Owner agrees that prior to final approval of the draft plan, or any phase
thereof, compensation for the loss of tree canopy will be required either through
cash-in-lieu and/or replanting. Where replanting is considered, the applicant will
be required to provide four copies of a Landscape Plan/Replanting Plan to the
satisfaction of the Engineering & Public Works Department.
Engineering Plans
31. That the Owner ensures that the engineering plans are coordinated with the
streetscape/siting and architectural control statement, and further, that the
engineering plans coordinate the driveway, street hardware and street trees to
ensure that conflicts do not exist, asphalt is minimized and all objectives of the
streetscape/siting and architectural control guidelines can be achieved.
32. That the Owner satisfies the City respecting the submission of appropriate
engineering drawings that detail, among other things: City services; roads; storm
sewers; sidewalks; lot grading; streetlights; fencing and tree planting; and
financially-secure such works.
Recommended Conditions of Approval (SP-2015-02 — 1144317 Ontario Ltd.) Page 5
Noise Attenuation
33. That the Owner satisfies the requirements of the Ministry of Environment
regarding the approval of a noise study recommending noise control features to
the satisfaction of the Region of Durham and the City of Pickering.
34. That the Owner agrees in the subdivision agreement to implement noise control
measures and warning clauses as recommended in the noise report as approved
by the City of Pickering.
35. That the Owner agrees to include a provision in all offers of Purchase and Sales
Agreement and Condominium Declaration advising future homeowners that the
existing automobile dealerships immediately south of the Canadian National
Railway corridor as a possible noise source.
Archaeological Assessment
36. That prior to any site alternation, the Owner shall carry out an archaeological
assessment of the subject property and any mitigation and/or salvage excavation
of any significant heritage resources to the satisfaction of the Ministry of Tourism,
Culture and Sport. No grading or other soil disturbance shall take place on the
subject property prior to a letter of clearance from the Regulatory and Operations
Group of the Ministry of Tourism, Culture and Sport.
Parkland Dedication
37. That the Owner satisfies the City with respect to the payment of cash-in-lieu in
accordance with the parkland dedication requirements of the Planning Act.
Fire
38. That the Owner agrees that no development will proceed on any land until
adequate services are available including adequate water pressure to the
satisfaction of the City's Fire Services Division.
Canada Post
39. That the Owner, through the approval of the Utility Coordination Plan for the
location, enters into an agreement with Canada Post Corporation for the
provision of a Community Mailbox including technical specifications, notice
requirements and financial terms.
40. That the Owner agrees to determine and provide a suitable temporary
Community Mailbox location, if required, to the satisfaction of the City.
Recommended Conditions of Approval (SP-2015-02 — 1144317 Ontario Ltd.) Page 6
Model Homes
41. That the Owner enters into a model home agreement with the City, if applicable
for this draft plan. All model homes must satisfy all requirements of the siting and
architectural design statement.
Other Approval Agencies
42. That any approvals which are required from the Region of Durham, the Canadian
National Railway or any utility for the development of this plan be obtained by the
Owner, and upon request written confirmation be provided to the City as
verification of these approvals.
Appendix II to
Report PLN 16-15
Recommended Performance Standards
for Zoning By-law Amendment Application A 3/15
Recommended Performance Standards for
Zoning By-law Amendment Application A 3/15
That the implementing zoning by-law to permit detached dwelling lots in accordance with the
following provisions:
1. Lots 1 —9 "53-XX" site specific zoning
a. Permitted Use — Detached Dwelling
b. Number of Lots/Units (max.) — 9 units
c. Lot Area (min.) —280 metres
d. Lot Frontage (min.) — 12.0 metres
e. Front Yard Depth (min.) —4.5 metres
f. Interior Side Yard (min.) — 1.2 metres on one side and 0.6 metres on the other side
(1.8 metres between dwelling units)
g. Rear Yard Depth (min.) — 7.0 metres
h. Flankage Side Yard (min.)
a. Abutting Fairport Road — 3.7 metres
b. Abutting internal private road —2.7 metres
i. Building Height (max.) — 9.0 metres
j. Minimum one private garage per lot attached to the main building, any vehicular
entrance of which shall be located not less than 5.5 metres from the front lot line
k. Maximum driveway width shall not exceed the width of the exterior walls of the
private garage
I. Maximum projection of the garage from the front wall containing the main entrance
to the dwelling shall not exceed 2.0 metres in length
m. Minimum visitor parking — 5 parking spaces
n. Covered and unenclosed porch or verandah not exceeding 1.5 metres in height
above established grade may encroach a maximum of 2.0 metres into the required
minimum front yard and flankage side yard
o. Any uncovered decks, platforms and steps not exceeding 1.5 metres in height
above established grade may encroach a maximum of 3.0 metres in to the rear
yard
2. Model Homes
a. A maximum of two model homes together with not fewer than two parking spaces
per model home, may be constructed on the lands set out in Schedule I attached to
the By-law prior to the division of those lands by registration of a plan of subdivision
b. Model Home shall mean a dwelling unit which in not used for residential purposes
pursuant to an agreement with the City of Pickering 9 Y 9
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Ve* ' APPLICANT: 1144317 Ontario Limited
I N I O C PROPERTY DESCRIPTION: Plan 1051, RCP Lot 126,40R-23692, Part 1
City Development (1741 Fairport Road) DATE: Apr.21,2015
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