HomeMy WebLinkAbout2009-0727 PECPLANNING AND ENVIRONMENTAL COMMISSION
July 27, 2009
OVAIL 1:OOpm
Tr1WN TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
30 minutes
A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
2. Sustainable Building Initiative Presentation - Introduction 60 minutes
Kristen Bertuglia
60 minutes
3. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
5 Minutes
4. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior
Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H-
2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and
Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second
Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with
dwelling units, accommodation units, and conference facilities and meeting rooms on the
basement or garden level, multi-family dwelling units, accommodation units and conference
facilities and meetings rooms on the first floor or street level, and a fractional fee club on the
second floor and above, located at 250 South Frontage Road West/Lot 2, Block 1, Vail
Lionshead Filing 2, and setting forth details in regard thereto. (PEC080033, PEC080072)
Applicant: HCT Development, represented by TJ Brink
Page 1
Planner: Rachel Friede
ACTION: Table to August 24, 2009
MOTION: SECOND: VOTE:
5 minutes
5. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan,
an element of the Vail Transportation Master Plan, and setting forth details in regard thereto.
(PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Table to August 10, 2009
MOTION: SECOND: VOTE:
6. Approval of July 13, 2009 minutes
MOTION: SECOND: VOTE:
7. Information Update
8. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published July 24, 2009, in the Vail Daily.
Page 2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 27, 2009
SUBJECT: A request for a work session to discuss a conditional use permit, pursuant to
Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the construction
of public buildings and grounds (fire station), located at 2399 North Frontage
Road West/Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and setting
forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
The applicant is requesting that this item be tabled to the next Planning and Environmental
Commission meeting to be held on August 10, 2009. No memo is available at this time.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 27, 2009
SUBJECT: A request for a work session to discuss the proposed Sustainable Building
Initiative goals, process, and next steps.
1. PURPOSE
The purpose of this work session is to introduce the goals, process and next steps
related to the Sustainable Building Initiative (SBI), which is an effort to formulate a set of
"green" building standards for the Town of Vail.
II. BACKGROUND
Staff has undertaken developing the SBI as a specific task identified under Resolution 1,
of 2009, adopting the Environmental Sustainability Strategic Plan.
Purpose: The purpose of this initiative is to protect the Town of Vail public and
environmental health, safety and welfare by regulating residential construction with the
intent to conserve energy, water and other natural resources, preserve and protect the
health of our environment through optional and mandatory requirements related to
energy efficiency (e.g. insulation, efficient lighting, outdoor energy use mitigation
program, minimum efficiency on HVAC equipment, etc.) construction waste
management, site disturbance, landscape and irrigation, and
reclaimed/recycled/recyclable building materials.
Goal: To both incorporate sustainable building and design practices into the Town code
and create a user-friendly guide/checklist for Sustainable Building Initiative (SBI)
elements in order to effectively achieve the Town's adopted goals of reducing
community energy consumption by 20% by 2020, and decreasing landfill contributions
by 10% within 5 years and 25% within 10 years.
Scope: The Town of Vail SBI aims to be "practically green" by including only practical,
measurable, and enforceable actions to increase the Town's environmental stewardship.
To date, the SBI Committee has completed the following action items:
• Individual Stakeholder meetings;
• Initial discussion/checklist review and comment provided by the IECC 2009 code
adoption committee, Town of Vail Board of Appeals;
• Drafted a checklist;
• Drafted a construction waste management program;
• Hired a consultant team, Peter Schwartz and Associates, LLC, to perform
modeling to evaluate energy efficiency, and complete a cost analysis on
proposed code and "beyond code" measures; and
• Held a Community Workshop, July 24, 2009.
NEXT STEPS
• Compile community feedback
• Complete initial building modeling
• Conduct cost analysis with local contractors
• Complete additional building modeling
• Return to the Planning and Environmental Commission with options for
implementation
• Complete draft program elements
• Conduct pilot period (Oct 2009-Jan 2010)
Sustainable Building Initiative Committee
Kristen Bertuglia, Project Manager, LEED AP; Rachel Friede, Planner, LEED AP
Martin Haberle, Chief Building Official Stan Hahn, Electrical Inspector, LEED AP
Chris Gunion, Plans Examiner, LEED AP; Bill Carlson, Environmental Health Inspector
III. STAFF RECOMMENDATION
Because the Sustainable Building Initiative is a work in progress, no formal action is
required at this time. Staff requests that the Commissioners listen to the presentation,
ask any pertinent questions, and provide feedback on the policy questions found in the
presentation.
2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 27, 2009
SUBJECT: A request for a work session to discuss prescribed
pursuant to Section 12-3-7, Amendment, Vail Town
Regulations, Vail Town Code, and setting forth
(PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
regulations amendments,
Code, to Title 12, Zoning
details in regard thereto.
SUMMARY
The applicant, the Town of Vail, is requesting a work session to discuss prescribed
regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
Title 12, Zoning Regulations, Vail Town Code, to allow for housekeeping, clarification
and policy shifts within the Town of Vail, and setting forth details in regard thereto.
The purpose of this work session is to gain feedback from the Planning and
Environmental Commission on a number of policy issues within Title 12, Zoning
Regulations, Vail Town Code.
Because this is a work session, no formal action is required at this time. Staff requests
that the Commissioners listen to the presentation, ask any pertinent questions, and
provide feedback on the policy questions outlined in this memorandum.
II. DESCRIPTION OF REQUEST
The following are policy questions that Staff is requesting feedback on from the
Commission:
1. Should short-term (daily/hourly) rental of private parking be allowed in certain
zone districts during off-peak periods?
Currently, Chapter 12-10, Off-Street Parking and Loading, Vail Town Code, permits
parking clubs that allow long-term rental (minimum 30 days, maximum of one year)
of parking that exists in excess of the parking requirements, in the Commercial Core
1 (CC1), Commercial Core 2 (CC2), Commercial Core 3 (CC3), High Density
Multiple-Family (HDMF), Public Accommodations (PA), Lionshead Mixed Use 1
(LMU-1), Lionshead Mixed Use 2 (LMU-2), and Special Development (SDD)
Districts. However, this does not allow for leasing of parking spaces for a period of
less than 30 days.
Within the Town, there are many parking spaces that are required by zoning (i.e.
spaces required for a school) that remain vacant during off-peak periods. The short-
term rental of both excess parking, as well as required parking during off-peak
periods could serve as a partial solution to the parking shortage problems within the
Town of Vail.
Recently, there have been requests to allow short-term rental of parking spaces that
are required by zoning during off-peak hours. For example, Vail Mountain School
was interested in renting parking spaces on Saturdays and Sundays during the ski
season as a fundraiser for students. Another example is the Vail Valley Medical
Center, who requested to allow daily rental of parking spaces on the weekends that
are typically occupied by doctors and other employees that only work Monday
through Friday.
In certain zone districts, amendments to parking plans could potentially allow for
such a program, but in order to solidify the ability to have short-term parking, the Vail
Town Code would need to be amended to provide clear regulations. However, use
of off-peak parking in other districts would not be possible because there is no
mechanism in the Zoning Regulations to allow such off-peak short-term rental.
The pros to allowing short-term parking rental during off-peak usage are as follows:
• Provides additional parking spaces during peak usage of the parking
structures, which is off-peak usage for other uses, such as schools
• Provides parking spaces to public without any new construction impacts or
reduction of land for other uses
• Allows revenue generation for underutilized parking
• Reduces need for on-street overflow parking when structures are full
The cons to allowing short-term parking rental during off-peak usage are as follows:
• Impacts on streets and neighborhood during typical off-peak periods
• Increased usage of bus system
• Potential difficulty in regulating management and operations
• Competition to Town of Vail parking structures
Staff recommends that a process be established to allow short-term (daily/hourly) rental
of excess parking as well as required parking during off-peak hours. The process could
require applicants to obtain a conditional use permit that would accommodate signage
and continued oversight. The program should be limited to certain districts, including all
commercial districts, as well as Parking (P), General Use (GU), and Outdoor Recreation
(OR) Districts. However, residential districts should not be included due to the impacts
on residential neighborhoods. Staff also recommends that a fee could be charged for
such a program that would help offset any impacts on the public transportation system.
2. Should vegetation removal be permitted and/or required within protected view
corridors?
Chapter 12-22, View Corridors, provides regulations to protect ten view corridors in
Vail Village and Lionshead. Since the adoption of these regulations, vegetation
within the view corridors has grown and in some cases, has encroached further into
the view corridor. Staff has received an inquiry from the Colorado Ski Museum as a
result of concerns voiced by guests to consider the impacts and potential removal of
aspen trees that are encroaching into the postcard view of Vail Village from the Vail
Transportation Center, which includes a view of Vail Mountain and the clock tower at
the Clocktower (Gorsuch) Building.
2
Only the encroachments of buildings are regulated by Chapter 12-22, View
Corridors, Vail Town Code, and addressed in the Town's master plans. There is no
record of the Town addressing the encroachment of trees or other landscaping into
view corridors. Existing trees encroached into several of the ten view corridors at the
time of establishment and are clearly visible in the adopted view corridor photo
renderings. Chapter 12-22 addressed legally non-conforming building
encroachments, but no other types of encroachments. While encroachments are
encouraged to be removed during reconstruction of a structure, some existing
encroachments are considered important to the character of Vail Village and "the
town does not encourage their removal."
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Figure 2: View Corridor #1 July 2009
Figure 1: View Corridor #1 at time of establishment
There are four options, with pros and cons outlined below each option:
1. Do nothing.
Pro: Allowing trees to mature naturally preserves the intent of the Town's
environmental and design review regulations.
Con: View corridors will be encroached upon by trees.
2. Prune existing trees.
Pro: View corridors will be unobstructed by trees. A form of the existing tree will
be preserved.
Con: Trees will have an unnatural form and will not be aesthetically pleasing.
Pruning to clear a view corridor may cause mortal damage to the pruned trees.
3. Remove existing trees.
Pro: View corridors will be unobstructed by trees.
Con: Removing mature trees for views is contrary to the intent of the Town's
environmental and design review regulations, and contrary to policies applied to
private property owners.
4. Ban planting of potentially encroaching vegetation in view corridors.
Pro: This issue will not continue if no new trees are planted in view corridors,
thus allowing view corridors to be unobstructed.
Con: The cone shape of view corridors extends indefinitely and can potentially
deter residences within view corridors from planting trees.
Staff recommends that existing trees only be removed from view corridors when they
are blocking a specific landmark outlined in the description of the view corridor, such
as the clock tower in Vail Village. However, other existing trees should remain as
part of the landscape. Staff recommends that no new trees be planted in view
corridors should be carefully reviewed for potential harm to the view of landmarks.
3. Should commercial space within lodges continue to be limited in size within
certain zone districts?
The definition of lodge, as defined in Chapter 12-2, Definitions, Vail Town Code, is as
follows:
LODGE: A building or group of associated buildings designed for occupancy
primarily as the temporary lodging place of individuals or families either in
accommodation units or dwelling units, in which the gross residential floor area
devoted to accommodation units or fractional fee club units, is equal to or greater
than seventy percent (709,o) of the total gross residential floor area on the site,
and in which all such units are operated under a single management providing
the occupants thereof customary hotel services and facilities.
Notwithstanding the above for properties containing gross residential floor area
equal to or less than eighty (80) square feet of gross residential floor area for
each one hundred (100) square feet of buildable site area, such properties shall
be defined as lodges, provided that gross residential floor area devoted to
accommodation units or fractional fee club units exceeds the gross residential
floor area devoted to dwelling units.
4
Lodges are a permitted use in CC1, CC2, LMU-1 and LMU-2 above the first floor,
and SBR-2 Districts. Lodges are a conditional use in CSC, and the basement and
first floors of LMU-1 and LMU-2 Districts.
However, in the HDMF, PA and PA-2 Districts, lodges have limitations on the
commercial floor area of the building.
In HDMF, PA and PA-2 Districts, the following is a permitted use:
"Lodges, including accessory eating, drinking, recreational or retail
establishments, located within the principal use and not occupying more than ten
percent (10%) of the total gross residential floor area (GRFA) of the main
structure or structures on the site; additional accessory dining areas may be
located on an outdoor deck, porch, or terrace."
In PA and PA-2 Districts, the following is a conditional use:
"Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and occupying between ten percent (1091o) and fifteen
percent (15%) of the total gross residential floor area of the main structure or
structures on the site."
In 1973, when the Zoning Code was adopted, the PA District limited the retail floor
area of lodge projects to 20% of the total project floor area. In the late 1970's this
provision was changed to 10% floor area limit. The problem that occurs with a
blanket provision affecting all PA zoned properties is that it does not take into
account the differences that might exist from location to location. For instance, the
Town's master planning documents specifically recommend providing retail along
East Meadow Drive but the 10% provision prevents the implementation of the policy.
In 2003, in order to facilitate the redevelopment of the Sonnenalp Hotel, a text
amendment was approved to allow for accessory eating, drinking or retail
establishments between 10 and 15 percent of the floor area as a conditional use
permit.
The reason for a limitation of commercial space on lodges in PA and PA-2 Districts is
that lodging is the primary land use for these districts. However, with changing goals
of promoting commercial enterprise to bring livelihood and economic vitality, Staff
questions the necessity of regulating accessory commercial space in lodges.
Staff would like direction on how to regulate commercial floor area in lodges within
the PA and PA-2 Districts. Options include unlimited commercial, as is the case in
other districts, keeping the same regulations, or allowing any increase in commercial
more than 10% as a conditional use permit with no cap, with PEC review of all
lodges with more than 10% commercial floor area. For consistency purposes,
allowing unlimited commercial as in other zone districts could be appropriate as long
as master plan recommendations are met. This would provide consistency and
would allow lodges to have as much commercial as they deem necessary and
marketable. This will also allow a better product with all-inclusive lodges providing
better guest services.
4. Should the Town allow properties to utilize allowable gross residential floor
area (GRFA) when the property has exceeded allowable units?
Section 12-18-5, Structure and Site Improvement, Vail Town Code, does not allow
for additional GRFA when a property does not conform to density controls, including
both maximum GRFA and dwelling units per acre. The regulations are as follows:
12-18-5: STRUCTURE AND SITE IMPROVEMENT:
Structures and site improvements lawfully established prior to the effective date
hereof which do not conform to the development standards prescribed by this
title for the zone district in which they are situated may be continued. Such
structures or site improvements may be enlarged only in accordance with the
following limitations:
B. Density Control: Structures which do not conform to density controls (includes
GRFA and dwelling units/acre) may be modified, only if the total gross residential
floor area of the enlarged structure does not exceed the total gross residential
floor area of the preexisting nonconforming structure.
There are a large number of legally non-conforming lots with regard to units/acre in
the P/S and R Districts, and currently, the regulations do not allow any of these
buildings to add allowable GRFA. The regulations penalize these legally non-
conforming lots by prohibiting expansion, thus stifling homeowners. In some cases,
duplexes and multi-family buildings are demolished and rebuilt as single-family
homes. This reduces the housing stock in Vail, and specifically reduces the amount
of affordable housing for locals on the market.
GRFA, like other development standards, is based on lot size, and does not change
based on the number of units. Thus, the same setbacks, GRFA, site coverage, etc
exist for a single-family dwelling as they do for a duplex within the same zone district.
These standards control the bulk and mass of the structure, and should be permitted
regardless of the number of units on site. Any addition of GRFA triggers compliance
with the development standards, so structures must meet parking requirements if
they wish to expand, just as they are required to meet landscaping and site coverage
requirements. Staff believes that GRFA should be allowed to increase up to the
maximum allowable because regardless of number of units, the allowable bulk and
mass of the building would not be affected. The same size structure would be
allowed, rather than penalizing a property for having too many units within that same
size structure.
III. BACKGROUND
On January 6, 2009, Staff held a work session with the Vail Town Council to introduce
the 2009 Code Revision Project. Council members provided comment on the project,
including highlighting a need to achieve high green building standards, and to avoid
having lengthy policy discussions about topics such as Gross Residential Floor Area
(GRFA). On January 22, 2009, the Vail Town Council instructed Staff to begin a code
analysis and gain feedback from the PEC and other committees in order to proceed with
the 2009 Code Revision Project.
6
As a part of the 2009 Code Revision Project, Staff is working on revising Title 12, Zoning
Regulations. The goals of the 2009 Code Revision Project are as follows, in no order of
priority:
1. Integrate green standards and guidelines.
2. Streamline the process and procedures for development review.
3. Ensure consistency among regulations and planning documents.
4. Increase efficiencies and cost savings in the development review process.
5. Eliminate outdated, ineffective and unnecessary provisions within the
development titles.
6. Reaffirm existing policies and adopt new policies to clarify direction.
7. Maintain current with industry practices and standards.
8. Ensure support from the community through public process
Staff is consulting various stakeholders including the PEC, DRB, Town Council, a newly
created task force to advise on this topic, as well as general members of the public. An
analysis is being conducted on Title 12, Zoning Regulations, resulting in a report that will
Staff will soon begin to distribute in volumes for review.
On June 22, 2009, Staff held a work session with the PEC on a number of policy
questions, with all PEC recommendations upheld in the proposed regulations. On July
21, 2009, the Vail Town Council instructed Staff to continue the process and to dilute
previous timelines for this project. Staff hopes to unveil the proposed regulations with
stakeholders after some policy questions are addressed.
IV. STAFF RECOMMENDATION
Staff requests that the Commissioners listen to the presentation, ask any pertinent
questions, and provide feedback on the policy questions found in this memo. Because
this is a work session, no formal action is required at this time except a tabling of this
item to the August 10, 2009 PEC meeting.
7
PLANNING AND ENVIRONMENTAL COMMISSION
July 13, 2009
1:OOpm
MWN OVAIL TO
WN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Michael Kurz Bill Pierce
Susie Tjossem Sarah Paladino
Rollie Kjesbo
Scott Lindall
David Viele arrived at approximately 1:25
Site Visits:
1. Arosa Duplex, 2657 Arosa Drive
30 minutes
A request for a final review of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new two-family
dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forth details in
regard thereto. (PEC090021)
Applicant: Vail Housing Authority, represented by VAg, Inc. Architects & Planners
Planner: Nicole Peterson
ACTION: Approved with condition(s)
MOTION: Kurz SECOND: Lindall VOTE: 4-0-1 (Viele recused)
CONDITIONS:
1. This approval shall be contingent upon the applicant obtaining Town of Vail approval
of a design review application.
2. The applicant must obtain final review and approval of a site specific hazard study (As
described in Section 12-21-13, Restrictions in Geologically Sensitive Areas, Vail Town
Code), by the Town of Vail Community Development Department, prior to the issuance of
a building permit.
3. The applicant shall record a plat of the property, including an approved drainage
easement, prior to the issuance of a Temporary Certificate of Occupancy, or Certificate of
Occupancy.
Nicole Peterson gave a presentation per the staff memorandum.
David Viele arrived and recused due to the fact that he is involved with the proposed
construction.
Stephanie Lord-Johnson, architect with VAg, representing the applicant, stated that she was
available to answer questions, but felt the memorandum covered the facts.
Bob Armour, adjacent property owner, suggested that it may be appropriate to request the
applicant to remove the man-made earthen dam located on the western end of the property.
George Ruther, representing the Town as the applicant, stated that he would speak with Public
Works about removing the dam, which should be removed regardless of the proposed
construction on site.
Page 1
The Commissioners expressed their support for the variance application. Commissioner Kjesbo
stated that due to the fact that other setback variances have been approved in the neighborhood
and the site constraints, listed in the Staff memorandum, he believed the request complied with
the criteria
5 minutes
2. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan,
an element of the Vail Transportation Master Plan, and setting forth details in regard thereto.
(PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Table to July 27, 2009
MOTION: Kurz SECOND: Lindall VOTE: 4-0-0
5 minutes
3. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to July 27, 2009
MOTION: Kurz SECOND: Lindall VOTE: 4-0-0
5 minutes
4. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to July 27, 2009
MOTION: Kurz SECOND: Lindall VOTE: 4-0-0
5. Approval of June 22, 2009 minutes
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0
6. Information Update
The PEC was informed that the Vail Row House had resubmitted an application for the
establishment of a SDD.
7. Adjournment
MOTION: Tjossem SECOND: Lindall VOTE: 4-0-0
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the project orientation and the site visits that precede the public
hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for
additional information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published July 10, 2009, in the Vail Daily.
Page 2
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