PC_09-06-95_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
September 6, 1995.
PRESENT: Planning Commissioners nresent were Charles S. DeHaven, Jr.,
Chairman /Stonewall District; John R. Marker, Vice Chairman /Back Creek
District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro
District; Terry Stone, Gainesboro District; John H. Light, Stonewall District;
Richard C. Ours, Opequon District; Marjorie H. Copenhaver, Back Creek District;
Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert
M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay
Cook, Legal Counsel.
ABSENT: S. Blaine Wilson, Shawnee District
Staffnresent: W. Watkins, Director and Secretary; Evan A. Wyatt, Planner II; W. Wayne
Miller, Zoning Administrator; Eric R. Lawrence; Planner I; Kris C. Tierney, Deputy Planning
Director; and Renee' S. Arlotta, Minutes Recorder.
Chairman DeHaven called the meeting to order at 7:00 p.m.
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's
information.
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COMMITTEE REPORTS
Development Review & Regulations Subcommittee - 8/24 Mtg.
Mr. Thomas reported that the DRRS discussed a request from James Wilson to
amend the zoning ordinance to allow restaurants in 131 as a by -right use and to allow portable ice -
cream stands in BI, again, as a by -right use. Mr. Thomas said that the Committee's opinion on
both requests was that, at this point, they did not necessarily agree with them as a by -right use in
B1 throughout the County. He said that the Committee suggested that Mr. Wilson approach the
full Planning Commission for a rezoning of that area to B2.
Comprehensive Plans & Programs Committee (CPM
Mrs. Copenhaver said that the CPPS has scheduled September 25, 1995 for the next
Round Hill Community Meeting. She said that the meeting will be held at the Round Hill Fire
Hall at 7:30 p.m. Mrs. Copenhaver said that the Committee will be presenting their proposals
to the Round Hill residents at that time.
Sanitation Authority - 8/23 Mtg.
Mrs. Copenhaver reported that Parkins Mill is coming along fine and should be on
line in October; the S.A. is receiving bids on the construction of their new headquarters; and the
North Quarry water level is holding well.
Proposed Amendments to the Frederick County Code, Chapter 144, Subdivision of Land,
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Article V, Design Standards, and Chapter 165, Zoning, Article IV, Supplementary Use
Regulations, to create new design standards for minor collector roads.
Action - Recommended Approval
Mr. Wyatt said the language of the amendment is the same as it was when presented
to the Commission for their review on August 2, 1995. Mr. Wyatt said that the DRRS has
worked with representatives of the development and design community and VDOT over the past
several months to determine all significant issues and concerns associated with the current
collector road design standards. He said that as a result of these work sessions, new language has
been created for the design and development of minor collector roads.
Mr. Wyatt said that the essence of the new language requires minor collector roads
to be constructed to VDOT's Urban Design Standards. He said that this standard requires curb
and gutter and sidewalks along minor collector roads, regardless of the lot size. He said that the
language also allows residential lot frontage along minor collector roads with individual driveway
spacing requirements and eliminates the requirement for road efficiency buffers. Mr. Wyatt said
that the new language does not propose to alter the existing lot size requirements for curb and
gutter and sidewalks along local streets; therefore, if a developer creates a residential subdivision
that exceeds the current requirements, they will have the flexibility to determine how the local
streets should be constructed. Mr. Wyatt said that the proposed language will encourage the
development of a network of minor collector roads that have been previously avoided, it will
reduce the amount of pavement, thus providing a cost savings in development and maintenance,
it will produce a savings in land development costs, and finally, it will create a reduction in storm
water runoff.
There were no public comments.
The Planning Commission reviewed the proposed ordinance amendments and had
no problems with the language presented.
Upon motion made by Mr. Romine and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the proposed ordinance amendments to Chapter 144, Subdivision of Land,
Article V, Design Standards, and Chapter 165, Zoning Ordinance, Article IV, Supplementary Use
Regulations, to create new standards for minor collector roads.
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Proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article XV,
Historic Area Overlay Zone, Section 165 -114, General Regulations
Action - Approved
Mr. Lawrence presented the proposed Guidelines for New Construction in the
Historic Area Overlay Zone as recommended by the Historic Resources Advisory Board at their
meeting of July 17, 1995. Mr. Lawrence said that the language presented is essentially a
guideline only. He said that it is designed to assist the new commercial construction designer in
understanding the goals for historic areas and the terminology used merely recommends and
encourages compliance with the design criteria. Mr. Lawrence said that a statement has been
included in the guidelines that enables the HRAB to use its discretion in determining whether the
development proposal meets the spirit of the design criteria. Mr. Lawrence then proceeded to
review the design guidelines with the Commission.
Some of the Commissioners had concerns with the guidelines as presented because
they felt it contained a lot of architectural standards. They felt that design criteria was different
from architectural standards that are left up to the interpretation and perception of the HRAB,
which can be as liberal or stringent as the people who are on the Board. There were also concerns
expressed about how someone would go about having their property removed from a Historic
District. Other Commissioners felt that the guidelines gave the HRAB a basis for decision -
making. They felt it provided the property owner and the HRAB the opportunity to discuss
various issues without being so specific from a regulatory standpoint that there could be no
negotiations or novel approaches to design. They also stressed the fact that inclusion in the
Historic Overlay Area was strictly voluntary.
The staff noted that there are already very strict regulations in place for existing
structures in the Historic Overlay Areas, however, these new amendments as presented, are
attempting to address tlew construction. Staff noted that the amendments attempt only to provide
guidelines for the construction of new buildings in historic areas, such as apartments, retail uses,
etc.
There were no public comments.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend
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approval of the proposed amendments to the Frederick County Code, Chapter 165, Article XV,
Historic Area Overlay Zone, Section 165 -114, as presented, by the following majority vote:
YES (TO APPROVEJ Ours, Morris, DeHaven, Marker, Copenhaver, Light, Stone
NO Shickle, Thomas, Romine
(Mr. Wilson was absent.)
Conditional Use Permit #008 -95 of Charles W. Goff for gun and small engine repair_ This
property is located at 10998 North Frederick Pike and is identified with PIN 03 -A -10I in
the Gainesboro District.
Action - Approval with Conditions Recommended
Mr. Miller stated that the applicant and VDOT have worked out together a
satisfactory agreement to the requirements for the entrance into the property. Mr. Miller said that
no other reviewing agency had any problems with the proposal. He said that the applicant has
stated that he will have no employees and that all work will be done in an accessory building. Mr.
Miller said that the residence and the accessory building that will be utilized for the proposed
activity are set back approximately 560' from North Frederick Pike. Mr. Miller said that there
were no other residences visible from this location.
Commissioners inquired if a firing range would be used to test repaired guns.
Mr. Charles W. Goff, the applicant and owner of the property, said that he would
not have a firing range. Mr. Goff said that he would test fire weapons into a paper -filled
container and this would mainly be done inside.
There were no public comments.
Upon motion made by Mr. Shickle and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit #008 -95 of Charles W. Goff for a Cottage
Occupation for gun and small engine repair with the following conditions:
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All repair work shall take place entirely within the accessory structure designated for the
use.
2. No outside storage of parts and equipment associated with the use shall be allowed.
3. Applicant shall comply with all review agency comments at all times.
Any expansion of facilities to accommodate this use shall require a new conditional use
permit.
Conditional Use Permit #009 -95 of Vito and Carrie Angelone for a dog kennel. This
property is located at 376 Gough Road and is designated as PIN 60 -A -39 in the Back Creek
District.
Action - Approval with Conditions Recommended
Mr. Miller said that none of the reviewing agencies had any problems with this use.
Mr. Miller said that the applicant advises that the operation will primarily be a training and
breeding kennel with dogs being boarded on a long term basis for training. He said that the
property is an 88 -acre tract that the Angelone's have a contract to purchase, pending approval of
their CUP. He said that the nearest residence is about a'h mile and approximately 3/4 of the
distance to the nearest residence is mature woodland, with a hill in between the properties. Mr.
Miller said that the entrance into the property is along a right -of -way that passes two homes.
This is a dirt and gravel driveway and considerable traffic on this road could possibly cause a dust
problem. Mr. Miller suggested that if the permit is approved, the applicant should commit to
protecting the two residences from any nuisance problem, whether it be dust or roaming and
barking dogs.
The Commissioners noted that the state road (Rt. 618), that this right -of -way comes
off of, is also a dirt road. They felt that the issue of a dust problem was an arbitrary situation in
this case and felt that it should not be listed as a condition of this permit.
Mr. Vito Angelone, the applicant, said that other than his family, there would not
be a great deal of traffic. He said that the dogs he houses come from all across the nation and will
stay with him about nine months of the year for field training. He said that their owners are from
California to Florida and would not come to visit. Mr. Angelone speculated that within 30 days
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he might have approximately 15 people come to his residence.
Chairman DeHaven called for anyone wishing to speak and the following person
came forward to speak:
Mr. Elwood Brewer, resident at 434 Gough Road, was concerned about how Mr.
Angelone proposed to keep his dogs on his own property while training.
Mr. Angelone explained that he has 18 national field championship dogs and they
are all well trained. Mr. Angelone said that he works with only one dog at a time and the dog
will respond to him at 1,000 yards with a whistle command. He said that they do not run out of
control. He said that the simulated hunting conditions he creates are contained and the dogs do
not go out of those boundaries. Mr. Angelone noted that these dogs are worth in excess of
$30,000 each.
Mr. Marker moved to approve the conditional use permit with the conditions
suggested by the staff, except for the condition that would require the applicant to deal with the
problem of dust nuisance due to traffic using the property entrance. Mrs. Copenhaver seconded
this motion.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit #009 -95 of Vito and Carrie Angelone for a dog
kennel with the following conditions:
1. Any expansion of the facility beyond the committed 30 -dog limit will require a new
conditional use permit.
2. Any facility built to house dogs will be used only for that purpose, including the storage
of supplies necessary for the kennel operation.
3. All dogs being kept at the kennel must be controlled so as not to be a nuisance to any
adjoining property by either harking or roaming free.
Rezoning Application #003 -95 of Professional Mobile Home Brokers (John Tauber) to
rezone 2.1514 acres from B2 (Business General) to B3 (Industrial Transition). This
property is located on Berryville Pike (Rt. 7) East of Regency Lakes Drive and is
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identified with PIN 55 -A -34 in the Stonewall District.
Action - Recommend Approval with Proffer
Mr. Tierney summarized the background information and review agency comments.
Mr. Tierney said that the applicant has proffered a specific use, manufactured home model display
and related sales office, however, the proffer does not address the number of units that may be
placed on the site for sale or awaiting delivery. He said that the applicant has also proffered a
monetary amount to cover projected costs to the local fire and rescue company. Mr. Tierney said
that under the existing B2 (Business General) Zoning, the parcel could be put to a variety of retail
uses which could generate more traffic than the proposed manufactured home sales. He said that
given the proffers, anticipated impacts of the proposed rezoning were minimal.
Chairman DeHaven re- emphasized that the proffer restriction is very specific and
would inhibit any other use of the site, unless the property was rezoned.
Mr. John Tauber, the applicant, said that he will have a sales office, sites for three
display models, and an area for three storage units in the event a unit has been ordered, has
arrived, and the property is not yet ready for delivery.
Chairman DeHaven called for public comments, but no one was present to speak.
Upon motion made by Mr. Light and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Rezoning Application #003 -95 of Professional Mobile Home Brokers
(John Tauber) to rezone 2.1514 acres from B2 (Business General) to B3 (Industrial Transition)
with the acceptance of the proffer presented.
Subdivision Application #008 -95 for Maxwell T_ Mandel to subdivide a 0.803 acre BI lot
into two parcels consisting of 0.484 acres and 0.319 acres. This property is located on the
southeast corner of Fairfax Pike (Rt_ 277) and Highlander Road and is identified with PIN
85B -1 -B in the Opequon District.
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Action - Recommended Approval
Mr. Miller read the background information and review agency comments. He said
that VDOT has suggested that since the proposed property boundary line will split the one
entrance, a joint use entrance agreement should be required to cover future use and maintenance
of the entrance. Mr. Miller said that this was not unusual since, by ordinance, we require joint
use agreements for shared parking areas. Mr. Miller also noted that the Building Official has
recommended that the sides of the structures adjacent to the new property line be evaluated and
upgraded, if needed.
Dr. Maxwell T. Mandel, D.V.M., the applicant and property owner, said that the
structure on this property is actually two buildings that are connected by a covered breezeway.
Dr. Mandel said that his veterinary clinic occupies one of the buildings and the other is leased by
Dr. Elizabeth A. Doerwaldt, D.D.S. Dr. Mandel said that Dr. Doerwaldt wishes to expand her
facility and in order to do that, it is necessary for her to purchase the property. He said that the
purpose of the subdivision is to legally place each building on a separate parcel.
Commissioners had no problems with the proposed subdivision.
Upon motion made by Mr. Thomas and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Subdivision Application #008 -95 of Maxwell T. Mandel with the requirement that all
review agency comments be complied with, including a joint use agreement for the shared
entrance, and that the sides of the structures adjacent to the new property line be evaluated and
upgraded, if required by the Building Official.
Master Development Plan #004 -95 of J.I.C. Ltd. Industrial Lots for a metal works and
fabrication business_ This property is located on Arbor Court, adjacent to Blue Ridge
Industries, and is identified as PIN 64 -A -80K in the Shawnee District.
Action - Recommend Approval
Mr. Mark J. Tenenbaum, applicant and property owner, and Bruce Edens, the
surveyor, were available to present the master plan and answer questions from the Commission.
Mr. Edens discussed their plans for meeting VDOT's concerns and recommendations regarding
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site access from Millwood Pike (Rt. 50 E) and Arbor Court (Rt. 1000). (VDOT's comments dealt
with the safety issue of vehicles using the existing substandard Route 50 access in lieu of Victory
Lane (Rt. 728) or Arbor Court (Rt. 1000). VDOT's comments noted that several remaining lots
within the business park have pipe stem frontage on Route 50 and, at present, Lot 10 seemed to
be the only remaining undeveloped lot that needed to be accessed through the Route 50 entrance.
VDOT's recommendations were to provide a cul -de -sac at the appropriate end of Arbor Court and
to remove the substandard Route 50 entrance.)
Mr. Lawrence stated that the master development plan proposes light industrial
development on a 8.411 acre parcel. He said that the proposed use, fabricated metal products,
is permitted in the M1 (Light Industrial) District and would be consistent with the existing and
planned surrounding land uses. Mr. Lawrence proceeded to clarify some of the street issues. He
said that the staff was also concerned with the safety problem of additional accesses to Route 50
and would also prefer access off of Arbor Court. He said that the applicant has agreed to
construct the Arbor Court extension along the southern boundary of the master development
planned area, terminating in a cul -de -sac. He said that this cul -de -sac would provide ingress and
egress to Lot 10. Mr. Lawrence said that the other area of concern was the disturbance of
woodlands and steep slopes, however, the zoning ordinance allows for up to 25% disturbance and
the applicant is disturbing under 10% of the site.
The Commission felt that the areas of concern would be satisfied and had no other
problems with the proposal.
Upon motion made by Mr. Marker and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Master Development Plan #004 -95 of the J.I.C. Ltd. Industrial Lots for
a metal works and fabrication business.
Subdivision Application #009 -95 for J.I.C. Ltd. Industrial Lots for the subdivision of a
8.411 acre lot into two parcels consisting of 7.562 acres and 0.849 acres. This property
is located on Arbor Court, adjacent to Blue Ridge Industries, and is identified with PIN
64 -A -80K in the Shawnee District.
Action - Approval
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Mr. Miller said that the main issue associated with this application is the
construction of the state maintained road to serve this proposal. Mr. Miller said that Arbor Court
(Rt. 1000) has been constructed to the point that it will serve Lot 805, but not the residual Lot 9A.
He said that the applicant has agreed to build Arbor Court to the northeastern extreme of Lot 9A
ending in a cul -de -sac that will also serve Lot 10. He explained that this was important because
Arbor Court will not extend all the way to Millwood Pike (Rt. 50). Mr. Miller said that this is
preferred by the staff and is also recommended by VDOT.
Mr, Mark J. Tenenbaum, the applicant and owner of the property, was present to
answer questions from the Commission.
Commissioners felt that the street issue was satisfactorily addressed and had no
other problems with the subdivision.
Upon motion made by Mr. Romine and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Subdivision Application -95 for J.I.C. Ltd. Industrial Lots with the stipulation that
Arbor Court be extended by the applicant and terminated in a cul -de -sac that also serves Lot 10.
Final approval of this subdivision is also contingent on approval of the master plan by the
Planning Commission and the Board of Supervisors.
Waiver Request of Dr. Raymond Fish to reduce the required lot width for the creation of
five family division lots.
Action - Approved with Plat Restriction
Mr. Miller said that Dr. Raymond Fish has requested an opportunity to address the
Planning Commission to seek a hardship exemption from the 250' minimum width requirement
at the front setback line for the creation of five family division lots in the Rural Areas District.
Mr. Miller said that the basis of this appeal is that Dr. Fish can not create five family division lots
along Apple Pie Ridge Road (Rt. 739) and meet this requirement.
Mr. Miller said that Dr. Fish discussed his request with the Development Review
and Regulations Subcommittee (DRRS) and the strategy suggested to the DRRS was to use only
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one 50' private access easement and access all the proposed lots from the rear, not from Apple
Pie Ridge Road. Mr. Miller said that the DRRS felt that if this method was undertaken, a
restriction of some kind should be put in place to prohibit the future possibility of entrances being
created from the front of the lots onto Apple Pie Ridge Road (Route 739).
Dr. Raymond Fish, the property owner, said that physical constraints of the
property make it impossible to get 250' of frontage on the lots; however, since he was proposing
to access the lots from the rear, he felt that the 250' frontage should not be an issue.
Ms. Lisa Fish, Dr. Raymond Fish's daughter, said that the reason they do not want
to access adjoining Warm Springs Road was due to the steep terrain of the property on that side.
She said that it wasn't feasible to build a house there and have any kind of yard.
The Commission felt that it would be appropriate to have a restriction placed on
the deeds and the plats to these properties that would restrict any future access from these lots
directly onto Apple Pie Ridge Road.
Mr. Jay Cook, the Planning Commission's Legal Counsel, advised that restrictive
deed covenants were enforceable only by the owners within the subdivision; however, if the
restriction was on the plat, the County would be able to enforce it.
Commissioners discussed whether this situation fell under the category of hardship,
injustice, or unusual condition, which were the conditions under which they could grant a waiver.
They noted that the 250' frontage was enacted within the ordinance to minimize the number of
driveways placed onto a major road and there was also concern about precedent setting, if the
waiver was granted. The Commissioners concluded that the unusual circumstance here was that
a property owner desired to make a subdivision along Route 739 and although he can not meet the
current code requirements, he had presented a reasonable solution to meeting the `intent' of the
Code requirements. The Commissioners noted that the two acre lot size is being met here and the
only thing left to challenge was the 250' road frontage that was put in place to reduce the number
of driveways. They felt that the mere fact that this particular solution addressed that issue very
well inhibited a precedent setting situation.
Upon motion made by Mr. Light and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend granting the waiver request by Dr. Raymond Fish to reduce the required lot width for
the creation of five family division lots with a restriction to be printed on the plat and recorded
on the deed prohibiting individual lot access to Apple Pie Ridge Road (Route 739) in perpetuity.
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Informal Discussion on a proposed rezoning from RA (Rural Areas) to B3 (Industrial
Transition) at the intersection of Route 669 and Interstate 81 for the Flying J Travel Plaza
by Mr. Craig M. Call
No Action Required
Mr. Tierney said that Mr. Craig M. Call, representing the Flying J Travel Plaza,
wished to informally discuss his project, which consisted of a large, modern truck stop with a
restaurant, convenience store, and multiple fuel pumps. Mr. Tierney said that Mr. Call is
proposing to rezone from RA to B3, the seven lots which are adjacent to Route 669 and which are
located in front of the two larger parcels that make up the proposed site. Mr. Tierney added that
the portion of the site already zoned B3 was rezoned in 1990 under the name of Whitehall
Business Park.
Mr. Craig M. Call, Community Liaison for Flying J., Inc., said that this is a
network of privately -owned interstate convenience centers that serve the needs of the motoring
public on the interstates. Mr. Call said that they try to attract families, recreational vehicles, and
commercial drivers. Mr. Call showed slides of their existing convenience centers and he
described the facility to the Commission. He said that this particular facility will cost
approximately $5 -6 million to build, it will generate approximately $1/2 million per year in taxes
for the County's general fund, and approximately $20 -30 million of annual sales will be made on
the site.
Commissioners asked if there would be overnight parking. Mr. Call said that they
provide overnight parking for 18- wheeler trucks, but would discourage RV vehicles from parking
overnight at this time. Mr. Call said that they were exploring the possibility of having some RV
hook -up sites for the future, but not as a part of this phase of development. Mr. Call said that
they also own a chain of motels and inns and they usually buy enough property, as they have in
this case, so that could it could be established later; however, that was not a part of this phase.
Commissioners asked about sewage disposal on the property. Mr. Call replied that
they would be building their own on -site treatment facility. He said that it would be a package
plant which will meet all Health Department standards and will be state certified to provide the
proper treatment of on -site sewage. Mr. Call said that they would be developing an on -site water
supply as well, in full compliance with state standards.
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Commissioners inquired about how the remaining lots, Lots 3 -8, would be
accessed. Mr. Henry Buettner, one of the principal owners of the property, explained that access
to the remaining rear lots would be by a narrow strip beginning at Lot A and running along Lots
1 through 3. Mr. Buettner also described for the Commission which lots in the proposal would
need to be rezoned.
There was some concern by the Commission about the appearance of such a large
amount of paved area from the interstate. No other major objections were raised by the
Commission about the proposal.
ADJOURNMENT
There being no further business to discuss, Chairman DeHaven adjourned the
meeting at 9:15 p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
Charles S. DeHaven, Jr., Chairman
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