HomeMy WebLinkAboutPC_04-05-89_Meeting_MinutesMEETING MINUTES
of the
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House, Winchester,
Virginia, on April 5, 1989.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr.,
Chairman; Beverly Sherwood, Vice - Chairman; Manuel C. DeHaven,
Stonewall District; Carl M. McDonald, Gainesboro District; John R.
Marker, Back Creek District; S. Blaine Wilson, Shawnee District;
Marjorie H. Copenhaver, Citizen at Large; George L. Romine,
Citizen at Large; Douglas Rinker, Citizen at Large; and Kenneth Y.
Stiles, Board Liaison.
Planning Staff present were: Robert W. Watkins, Secretary; Kris C.
Tierney, A. Bray Cockerill, and Evan A. Wyatt.,
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES
The first order of business was the consideration of the minutes of
March 15, 1989. Upon motion made by Mr. McDonald and seconded by Mr.
Marker, the minutes of March 15, 1989 were unanimously approved as
presented.
BIMONTHLY REPORT
The Commission and staff discussed pending applications.
COMMITTEE REPORTS
Economic Development Commission
Mr. Romine reported that Insulated Building Systems, a new company
to the Frederick County area, will be moving into the Stonewall Industrial
Park.
Transportation Committee
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Mr. Tierney reported that the main topic of discussion at the March
13 meeting was the Thoroughfare Plan. He said that Don Wells, the Planning
Engineer for VDOT, summarized the process to prepare the Thoroughfare Plan.
Also discussed was the possible expansion of the study area to include
Stephens City, a major growth area in the county.
The possibility of participating in a revenue sharing program with
VDOT was discussed at the April 3 meeting.
MASTER DEVELOPMENT PLANS
Revised MDP #001 -88 of Hampton Chase for 80 townhouses and 34 single - family
lots on 22.06 acres in the Stonewall District.
Action - Approved
Mr. Charles Maddox of G. W. Clifford & Associates, the project
engineer, presented the plan to the Commission. Mr. Maddox said that this
plan was first brought before the Commission one year ago. He said that
all issues have been addressed, including transportation. He said that
they have done everything possible to provide for the best possible future
transportation planning on the site. Mr. Maddox explained that the
property is landlocked with the exception of access to the City of
Winchester. He said that all other alternatives have been explored and no
other arrangements are possible to tie into roads other than the City.
Staff comments noted that access to this development was via Apple
Street and Butler Avenue with no proposed constructed connection to the
Fort Collier Industrial Park. A possible future right -of -way connecting to
Fort Collier Street and Smithfield Street with the City of Winchester is
proposed, but is not to be constructed. It was also noted that this plan
eliminates any through industrial traffic to this development and the
adjoining residential portion of the City.
There were no citizen comments.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Revised MDP #001 -88 of Hampton Chase for 80 townhouses
and 34 single- family zero lot line lots on 22.06 acres, zoned RP. This
property is located adjacent to the City /County line, just northeast of
Battle Avenue and Van Fossen Street in the Stonewall Magisterial District.
Revised MDP #012 -88 of Pioneer Heights for 275 single - family detached,
urban traditional units on 104 acres, zoned RP, in the Shawnee District.
Action - Tabled
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Mr. Bruce Edens of Greenway Engineering & Surveying Company, the
project engineer, presented the plan. Mr. Edens also introduced Mr. James
R. Wilkins, the owner and developer. Mr. Edens said that they have elected
to go with the single- family urban traditional lots instead of townhouses.
He noted that the plan proposed two entrances: one on Greenwood Road (Route
656) and one through Asbury Terrace to Route 659.
There was some discussion on the area reserved for general
commercial development. It was noted that instead of having a direct
connection between the commercial and residential area, residents would
have to go out onto Greenwood Road and then to Route 7 in order to get to
the commercial area.
There was also a question as to whether the existing road layout
would landlock an adjoining 40 -acre parcel. The staff noted that this
could be studied and addressed for the final plan.
Some commissioners were concerned that the entrance to Route 7 had
been eliminated on this revised plan. They felt that Route 656 and Route
659 were already overburdened without adding the additional traffic from
this development. It was noted that Greenwood Road was scheduled to be
upgraded in 1990.
Mr. Wilson moved to table this plan until another road could be
obtained to alleviate traffic onto Routes 656 and 659. This motion was
seconded by Mr. Rinker and unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
table Revised MDP #012 -88 of Pioneer Heights until the plan can be revised
to obtain an alternate entrance besides Routes 656 and 659. This property
is located one mile east of Winchester, on the east side of Route 656, and
the south side of Route 7, in the Shawnee Magisterial District.
PUBLIC HEARINGS
Rezoning Request #001 -88 of ADD Partnership to rezone 200 acres from A -2
(Agricultural General) to RP (Residential Performance) for residential
building sites in the Opequon Magisterial District.
Action - Tabled
The staff had concerns about the potential traffic impacts on Routes
642 and 636, due to the limited capacity of those roads. It was noted that
a complete reconstruction of Route 642 is included in the Six -Year
Secondary Road Plan; however, that project may not begin during the next
six years, due to funding limitations.
Mr. Benjamin Butler was the counsel representing ADD Partnership,
whose members consisted of Dorothy Fulton, Arthur Fulton, and David Dorsey.
Mr. Butler also introduced Mr. Sealock of Dove & Associates, the project
engineer. Regarding the road situation, Mr. Butler felt that requirements
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could be made on the site plan and master plan for improvements and cost
sharing. He said that the developer is willing to make a commitment to
contribute a set amount of money for the improvement of Route 642.
Chairman Golladay called for public input.
Mr. Billy J. Tisinger, counsel representing the adjoining property
owner, Jasbo, Inc. and Bowman Trucking Company, located to the west and
north, came forward to speak in favor of the rezoning.
Mr. Stiles pointed out that this property and the adjoining Jasbo
and Bowman properties are grandfathered out of the requirements of
conditional zoning. He also pointed out that the county does not have the
legal ability under existing state law to require them to participate in
improvements to Route 642. Mr. Stiles said that without the property
owners participation; however, and given the limits of state funding, it
could be five to six years before any improvements are made to Route 642.
It was noted that a state program is available whereby the state will match
local funding for road improvements. The grant needs to be applied for
before April 14, 1989. It was suggested that adjoining property owners and
county representatives get together to see if a cooperative effort was
possible.
Some members of the Commission felt this rezoning request should be
tabled until something definite could be worked out with the road.
Mr. Butler said that his clients would be willing to table their
request for one month.
Upon motion made by Mr. Wilson and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously table Rezoning Request #001 -88 of ADD Partnership for 30 days,
at the applicant's request. This property is located at the intersection
of Routes 642 and 636, just east of Stephens City, in the Opequon District.
Rezoning Request #002 -89 of Richard B. 8aymaker to rezone 4.506 acres from
A -2 (Agricultural General) to B -3 (Industrial Transition) for mini - storage
in the Shawnee District.
Action - Denied
It was noted by the staff that this site was located outside of the
urban development area on Route 644, adjacent to I -81. It was also noted
that the Comprehensive Plan did not rule out this location for B -2 zoning
and if an interchange was ever,constructed on I -81 for Route 644, this. area
could become an important commercial area. However, the present lack of
provisions for fire protection and the potential fire-threat associated
with B -3 uses, was of concern to the Commission and staff.
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Mr. Richard B. Haymaker, the applicant, was present to answer
questions from the Commission.
It was noted that mini - storage was not allowed in B -2 at this time;
however, the Ordinance Committee was scheduled to review proposals for new
regulations in the business and industrial zoning districts.
It was generally felt by the Commission that a B -3 (Industrial
Transition) zoning was not appropriate for a potential interchange area.
Upon motion made by Mr. Wilson and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously deny Rezoning Request -0002 -89 of Richard B. Haymaker to rezone
4.506 acres from A -2 (Agricultural General) to B -3 (Industrial Transition)
for mini - storage. This property is located on Route 644 (Papermill Road),
just over the Winchester City limits, in the Shawnee Magisterial District.
Rezoning Request #003 -89 of Swagler H. Koonce, II to rezone 1.2243 acres
from B -2 (Business General) to B -3 (Industrial Transition) for storage
buildings in the Back Creek District.
Action - Tabled
Mr. Watkins said that he had received a letter of opposition from
Mr. Richard Graber. Mr. DeHaven moved to make the letter a part of the
official record. This motion was seconded by Mr. Marker and unanimously
passed as follows:
April 4, 1989
Mr. Robert W. Watkins
Planning Director
City of Winchester
Dear Mr. Watkins:
Thank you for your notice of March 22, 1989 regarding Rezoning
Application #003 -89 - a request to rezone the property behind the 7 -11 on
Valley Avenue South from B -2 to B -3 for the purpose of constructing storage
buildings.
The adjoining properties are zoned B -2 and RP. My adjoining
property is to be used for specialty retail shops and office space and my
site plan is presently in your office pending approval.
I feel that the proposed storage buildings would be incompatible
with the project in undertaking and also with the other residences and
general business property in the area. I am also concerned with whether
the storage buildings would be unsupervised or supervised and whether
adequate fire protection would be provided.
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Thank you for considering my concerns.
Sincerely,
Richard A. Graber
1712 Handley Ave., Winchester 667 -1116
Mr. Mark Neland came forward and noted that both he and Mr. Koonce
owned the property in question. Mr. Neland was in favor of having storage
buildings permitted in the B -2 zone, as he felt B -2 zoning would give them
more options for the use of their property. He said that their property
does not have sewer and is restricted by deed from the 7 -11 store;
therefore, a B -2 zoning would be more favorable to them, if the Commission
decided to include storage in that zone.
Mr. #endell Zickefoose came forward to speak for Z & S Properties,
an adjoining property owner. Mr. Zickefoose said that Z & S Properties,
Mr. Ralph Shockey, and himself have designed a plan for retirement
residential facilities that they have worked on for the past two years.
Mr. Zickefoose said that they have been waiting for water and sewer to come
into the area. Mr. Zickefoose said that they wanted to go on record as
being opposed to storage facilities at this location. He also felt that
storage facilities would not be compatible with the Opequon Church, a
historical site in the immediate vicinity.
Mr. Mark Neland requested that the Commission table his request for
90 days in order to wait for the outcome of the Ordinance Subcommittee's
review of the business and industrial zoning districts.
Upon motion made by Mr. Marker and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously agree to table Rezoning Request #003 -89 of Swagler H. Koonce,
II to rezone 1.2243 acres from B -2 (Business General) to B -3 (Industrial
Transition). This property is located directly behind the 7 -11 store at
Valley Avenue and Route 706 in the Back Creek District.
Rezoning Request #004 -89 of Southern Fastener Company, Inc. to rezone 1/2
acre from B -2 (Business General) to B -3 (Industrial Transition) in the
Shawnee Magisterial District.
Action - Approved
Mr. Mike Frazier, President of Southern Fastener Company, said that
they are an aerospace fastener distributor. Mr. Frazier said that 95% of
their shipments come in by UPS and the rest is drop shipped to their
customers.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Application -0004 -89 of Southern Fastener
Company, Inc. to rezone 1/2 acre from B -2 (Business General) to B -3
(Industrial Transition). This property is located at 2030 Garber Road in
the Shawnee Magisterial District.
Conditional Use Permit #002 -89 of Thomas J. Gillispie for an automobile
repair garage in the Opequon District.
Action - Approved
Mr. Steve Melnikoff, a partner in the proposed operation, was the
representative for the property owner.
The Commission pointed out that all outside storage must be
screened.
Mr. Melnikoff explained that a residence and garage are located on
the property; however, the garage is not currently being operated as a
public garage.
The Commission discussed with the applicant where adjacent homes
were located in relation to the proposed garage.
Upon motion made by Mr. DeHaven and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimsouly approve Conditional Use Permit #002 -89 of Thomas J. Gillispie
for an automobile repair garage to be located on Route 522 South of Route
277; two miles south of Double Toll Gate; six miles north of Front Royal;
on the west side of Route 522; with the following conditions:
1) All repair work shall take place entirely within an enclosed structure.
2) All exterior storage of parts and equipment shall be screened from view
of surrounding properties by a solid artificial or compact natural
screen to at least five feet in height, which shall be adequately
maintained as long as such exterior storage is continued. The Planning
Commission or Board of Supervisors may require additional screening
where it deems necessary to protect surrounding properties.
3) Daylight hours of operation through 9:00 p.m. only, Monday through
Saturday, and no Sunday operations.
4) This is a one -year permit to be reviewed and renewed annually by the
staff, the Planning Commission, and the Board of Supervisors.
5) If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
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Cancellation of Conditional Use Permit #012 -83 of James Loftin for C.B.
Repair /Installation on Route 277, east of Stephens City, in the Opequon
Magisterial District.
Action - Conditional Use Permit Revoked
The staff noted that they Have received complaints on this
conditional use permit dealing with traffic along the lane to Mr. Loftin's
property.
Mr. Madigan, adjoining property owner, said that there is a lot of
traffic using this road to get to Mr. Loftin's business. He said the road
is narrow (11' wide), dusty, and he and his sister maintain the road
without any assistance from Mr. Loftin.
Mr. DeHaven asked Mr. Madigan if Mr. Loftin had a deeded
right -of -way to the road. Mr. Madigan said that Mr. Loftin had an
easement, however, he had to pay the taxes and pay for maintenance.
Mr. Harold Raplzyk, adjoining property owner, also complained about
the number of vehicles using the lane. Mr. Raplzyk said that the road is
very narrow and it gets very dusty.
Mr. Roy Shell presented a photograph showing how close the driveway
was to his house. Mr. Shell said that on a particular Saturday, in a
period of approximately four hours from 10:00 am until 2:00 pm, his son had
counted 22 vehicles on the lane going to Mr. Loftin's property. He said
that on Saturday, a week ago, between the hours of 9:00 am through 12:00
noon, he counted 17 vehicles going into the site. Mr. Shell was concerned
about the children playing in the driveway with all the traffic. He also
complained that Mr. Loftin has not contributed to the upkeep of the road.
Mr. Rinker moved to revoke the conditional use permit and this
motion was seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
revoke Conditional Use Permit #012 -83 of James Loftin for a Cottage
Occupation /C.B. Repair and Installation, located on Route 277 East of
Stephens City, three miles east on the south side of Route 277, in the
Opequon District.
The vote on this action was:
YES (TO REVOKE): Marker, Copenhaver, Sherwood, Rinker, Golladay
NO: McDonald, DeHaven, Wilson, Romine
Cancellation of Conditional Use Permit #019 -87 of Jane G. Sullivan for a
public garage on Route 645 in the Shawnee Magisterial District.
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Action - Tabled
The staff noted that complaints received regarding this conditional
use permit involved the building that was being used for automobile repair.
Specifically, an addition was built in violation of the setbacks. It was
noted that the holder of the conditional use permit was notified that a
variance would be required for the building addition.
There was some question as to whether or not the Sullivans
understood what was required regarding the setbacks and the variance
application. Mr. Wilson said that he would contact the Sullivans regarding
the matter.
Upon motion made by Mr. Rinker and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
agree to table CUP #019 -87 of Jane G. Sullivan for automobile restoration
on Route 645, until the Planning Commission's next meeting.
The vote on this action was:
YES (TO TABLE): Marker, Copenhaver, McDonald, Sherwood, Golladay, DeHaven,
Romine, Rinker
ABSTAIN: Wilson
ordinance amendments to include the R -4 (Planned Community) District and
the R -5 (Recreational Community) District with those districts requiring
master development plans and to be subject to master development plan
procedures.
Action - Approved
There was no public comment.
Upon motion made by Mr. Rinker and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the amendments to the Frederick County Code, under
Chapter 21, Zoning Ordinance, Article VI, Master Development Plans, as
follows:
6 -2 A preliminary master development plan and a final master
development plan shall be submitted to the Director of Planning
and Development for Planning Commission and Board of Supervisors'
approval prior to any subdivision or development of property in
any of the following zoning districts:
RP (Residential Performance) District
R -4 (Residential Planned Community) District
R -5 (Residential Recreational Community) District
MH -1 (Mobile Home) District
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B -1 (Business Neighborhood) District
B -2 (Business General) District
B -3 (Industrial Transition) District
B -4 (Business, Shopping Center) District
M -1 (Light Industrial) District
M -2 (Industrial General) District
The master development plan shall at least include all contiguous
land under single or common ownership in the above zoning
districts.
6 -3 WAIVER OF MASTER DEVELOPMENT PLAN REQUIREMENTS
6 -3 -1 RP, R -4, R -5, and MH -1 Districts - The Director of Planning and
Development may waive the requirement of a master development plan
in the Residential Performance District, the Residential Planned
Community District, the Residential Recreational Community
District, and the Mobile Home Community District.
6 -5 -3 CONTENTS OF A PRELIMINARY MASTER DEVELOPMENT PLAN IN THE
RESIDENTIAL PERFORMANCE DISTRICT, THE RESIDENTIAL PLANNED
COMMUNITY DISTRICT, THE RESIDENTIAL RECREATIONAL COMMUNITY
DISTRICT, AND THE MOBILE HOME COMMUNITY DISTRICT.
Ordinance amendments to allow the Board of Supervisors to adopt a new fee
schedule for development reviews.
Action - Approved
There was no public comment.
Upon motion made by Mr. McDonald and seconded by Mrs. Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the amendments to the Frederick County Code, under
Chapter 21, Zoning Ordinance, Article I, In General, and Article VI, Master
Development Plans, and Chapter 18, Subdivision Ordinance, Article I, In
General, as follows:
Under Chapter 21 of the Frederick County Code, Zoning Ordinance, Article
VI, Master Development Plans, add the following:
6 -8 Master Development Plan Review Fees
The Board of Supervisors may adopt a schedule of fees to be paid
by the applicant to the County for the costs associated with the
review of the master development plan.
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Under Chapter 21 of the Frederick County Code, Zoning Ordinance, Article 1,
In General, Section 1 -5, Amendments to Chapter:
1 -5 -1.2 Every petition of application or reapplication for rezoning shall
be accompanied by a fee as established by a schedule separately
adopted by the Board of Supervisors. This fee shall be intended
to cover the costs and expenses associated with the processing and
review of the petition or application or reapplication. Every
application or reapplication shall be signed by the landowner and
applicant (if the applicant is not the landowner).
Under Chapter 18 of the Frederick County Code, Subdivision Ordinance,
Article I, In General, amend the following:
1 -9 The Board of Supervisors may adopt a schedule of fees to be paid
by the subdivider to the County for the costs associated with the
review of the subdivision.
A schedule of fees for development review costs with amendments to the fees
for rezonings, master development plans, site plans, and subdivisions.
Action - Approved
There was no public comment.
Upon motion made by Mr. Romine and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the schedule of fees for development review costs, as
follows:
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DEVELOPMENT REVIEW
FEE SCHEDULE
REZONING: [Now $100 plus $1.00 /acre]
$350.00 plus $25.00 per acre
MASTER DEVELOP-
MENT PLAN: [Now no charge]
$700.00 plus $25.00 per acre plus
engineering costs*
SUBDIVISIONS: [Now $25 plus $1.00 per lot]
$250.00 plus $35.00 per lot plus
engineering costs*
SITE PLANS: [Now no charge]
$300.00 plus $10.00 per acre plus
engineering costs*
CONDITIONAL USE
PERMIT: [Unchanged]
$75.00
VARIANCE: [Unchanged]
$45.00
SOIL EROSION AND
CONTROL PLAN (NOT PART OF
SITE OR SUBDIVISION PLAN -
LAND DISTURBANCE PERMIT): [Current charge plus engineering]
$25.00 plus $1.00 per acre plus
engineering costs*
* We use a consultant engineer to review plans, who bills us for
each plan. We will charge the applicant for the specific cost of
engineering review.
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OTHER
)lication Discussion of a Master Development Plan by the Case Edwards
Mr. Billy J. Tisinger was the counsel representing Case Edwards, the
developer and contract purchaser of the Colaw property. Mr. Tisinger said
that the property in question is located on Routes 642 and 647, across from
the Lakeside development and consists of 30 acres, zoned RP. Mr. Tisinger
explained that the concept is a self- contained atmosphere with a courtyard,
clubhouse, swimming pool, and private streets.
Mr. Charles Maddox, project engineer, presented the technical
aspects of the development. Mr. Maddox said that the developer is aware
that the Route 642 /Route 647 intersection is substandard and they are
currently working with the Virginia Department of Transportation and the
planning staff on this. He said that they will present some suggestions on
improvements and may have some financing ability.
ication Discussion of a Master
Plan by the
Mr. Charles Maddox, project engineer, was present to represent the
Intergate Company, the contract purchaser of the Wheatlands property. Mr.
Maddox noted that the project in question consists of approximately 1,000
acres, zoned R -5, and includes a 165 -acre lake. Mr. Maddox spoke briefly
about the plan.
Mr. Jerry O'Connell, President of the Intergate Company, introduced
himself and two other partners in the company, Steve Hubert and Brian
Cullen.
The Commission was concerned about the R -5 zoning of the property.
It was noted, however, that some of the ideas that Intergate Properties
were proposing would give the county a much improved project over what
would be possible if someone were to choose to comply strictly with the
ordinance as written.
Preallocation Hearings in Staunton on April 14, 1989
Upon motion made by Mr. Romine and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend that the extension of Route 37 be included in the
current priority road project list being heard at the Preallocation
Hearings in Staunton on April 14, 1989.
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BE IT FURTHER RESOLVED, That the Planning Commission is very much in
support of the current project priority list, but is emphasizing that work
continue on Route 522 North, Route 522 South, and the extension of Route
37.
ADJOURNMENT
No further business remained to be discussed. The meeting adjourned
at 10:20 p.m.
Respegtfully submitted,
_JZi44 1'V 241L
James W. Golladay, Jr.,, Chairman
Robert W. Watkins, Secretary
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