HomeMy WebLinkAbout1984-06-05 PZC MINUTES1
I.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
June 5, 1984
CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission was called to
order at 7:00 p.m. by Chairman McBrayer.
Members present: Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen
and McBrayer
D. A. Romans, Assistant Director of Community Development,
Ex Officio
Members absent:
Also present:
Barbre
City Attorney Jack Olsen
Susan Powers, Ex Officio
Senior Planner Susan King
Planner I Harold J. Stitt
II. APPROVAL OF MINUTES.
May 22, 1984
Ch airman McBrayer stated that the Minutes of May 22, 1984, were to be considered
f or approval.
Carson moved:
Stoel seconded: The Minutes of May 22, 1984, be approved as written.
AYES: Carson, Stoel, Becker, Venard, Allen, McBrayer
NAYS: None
ABSTAIN: Tanguma, Magnuson
ABSENT: Barbre
Ch airman McBrayer declared the Minutes stand approved as written.
III. PUBLIC HEARING: REZONING
.South side of Lehow Avenue, 750 feet west of South Broadway
Donald Stark, Applicant's representative
Ch airman McBrayer asked for a motion to open the Public Hearing.
Becker moved:
Venard seconded: The Public Hearing for Case #21-84 be opened.
CASE #21-84
AYES: Tanguma, Carson, Magnuson, Stoel, Becker,_ Venar_d, Allen, McBrayer
NAYS: None
ABSENT: Barbre
• Th e motion carried.
Mr. McBrayer stated that the matter before the Planning Commission is a Public
Hearing on a request for rezoning of property on the south side of Lehow
Avenue, 750 feet west of South Broadway from R-3, High-Density Residence to
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to B-2, Business District. Mr. McBrayer stated that he had proof of posting
and publication of the case in the May 16, 1984, edition of the Englewood
Sentinel. He asked that the Staff Report be made part of the record. He
reviewed the courses of action open to the Connnission on this matter: 1)
approve the rezoning and send it to City Council for approval, 2) approve
with conditions, and send it to City Council, or 3) disapprove.
Mr. McBrayer asked that anyone addressing the Commission be sworn in and to
limit the testimony to the matter under consideration. He said that the
members of the Commission had the Staff Report before them, and asked if there
were any questions for the staff, or if the staff had anything to add. Mrs.
Romans said the staff had nothing to add, and there were no questions.
Mr. McBrayer asked that the applicant come forward to address the Commission.
Donald Robert Stark, Metro Brokers agent, 4285 South Broadway, came forward
and was sworn in. He stated that Mrs. Brinkhoff, the owner of the property,
had designated him as her agent. He submitted a letter so stating from Mrs.
Brinkhoff (Exhibit I). He stated that the subject proeprty is 4.4 acres and
lies on the southeast side of Lehow. It is bounded by Dry Creek Gulch on the
south and east and the veterinarian clinic and other commercial buildings
on the north. The property has been offered for sale thirteen times, and
the property has never been sucessfully marketed, partially, he said, because
of the difficulties encountered in developing this property within all the
regulations.
Mr. Stark addressed the four questions considered by the Planning Connnission
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in granting a rezoning. · He said that there was an error in the original zoning ~
of the area, as can be shown by the fact that no developer has been able to
develop the property within the R-3 zoning, and the Flood Plain makes residential
use dangerous. He admitted that there has not been any extensive change in
the area. He stated that much of the surrounding area is B-2, and that there
would be a considerable distance between any new development and the residential
uses adjacent to the site because of the Flood Plain. The fourth question of
conformance with the Comprehensive Plan did not apply to this case, he said.
Mr. Stark said that there is a large part of the property which is in the Flood
Plain, and a further amount which contains an easement for Public Service
which contains high tension wires, leaving only a small part which can be
developed. An area to the east of the property contains broken concrete which
is an attractive nuisance, and children should not be living near such an area,
as they might be with R-3 development. He said there has been someone living
in a tent on the adjoining property. He said that B-2 zoning would bring adults
into the area instead of children. There are children down toward Belleview,
and the lack of development on the subject property encourages them to move
toward the dangerous area. The land is in a valley, and any development would
not be obvious from any but the commercial areas. He stated that the South
Slope condominiums face the opposite direction. He distributed Exhibit II,
which shows what he maintains is the small amount of the subject property which
could actually be developed.
Mr. Stark said Littleton objects to the rezoning attempt because there is R-3,
Single-Family Residence zoning adjoining the property. He said that this R-3
area, Rafferty Gardens, is a small, older development of residences, which
will probably be redeveloped due to the large area of the sites with small
homes, although the area is beautifully cared for. He said that beyond Rafferty
Gardens is an industrial park and a B-2 zone, and, in his opinion, it is unlikely
that the area will remain residential.
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The highest and best use of the property, Mr. Stark said, would be B-2 zoning.
He said that the development would improve the neighborhood , by removing
the trail to the trash on the east side of the property, and the tax base would
be enhanced. The rezoning would not be "spot zoning" because contiguous areas
are already zoned B-2.
Mr. Carson asked that Mrs. Romans explain the rules for the Flood Plain. Mrs.
Romans said that the land can be developed one foot above the Flood Plain
and must be flood proofed. Plans have been submitted with development in
that area, usually with development of access roads through the flood plain
area, and good planning could extend the amount of the property which can be
developed.
Mr. Allen asked what Mr. Stark planned for development on the subject property.
Mr. Stark said that he had originally planned for mini-warehouses, but Council
had denied that provision in the B-2 district. Definite plans have not been
made. He suggested that a good plan might contain a multi-tenant office and
retail complex. There is a demand for street front locations for small tenants.
Mr. McBrayer asked if there were any further speakers in favor of the rezoning.
There were none. He asked if there was any opposition. Mr. Loren Jacobson
of 369 West Rafferty Gardens, came forward and was sworn in. He said he is
a long-term resident in Rafferty Gardens. His parents moved there in 1933,
and he and his wife bought another lot in 1955. He said the lots are large,
and it is a beautiful neighborhood. It has been carefully planned. He said
there has been undesirable development in the adjoining areas, and this
rezoning would be an extension of that undesirable development. He called
it commercial blight, although he said that the veterinarian building was well
done. He said that the South Side condominiums have increased the residential
uses in the area, and he would not like further commercial use on the subject
site.
Mr. Jacobson said that the Flood Plain is a significant problem. It has flooded
3/4 of the way up the hill on this site. The power lines make the site ugly.
The area along Broadway, he said, is zoned B-2, and the land is underused, and
does not enhance the area. He said that the Master Plan for the City of
Littleton shows the continuance of Raferty Gardens as a residential area.
Mr. Jacobson suggested the use of the property as a golf course or a recreation
area or park. He said a greenbelt would be the best use for the total community.
He said that there is already plenty of land for commercial development and
it is on South Broadway.
Mr. Allen and Mr. McBrayer stated that the owners have a right to try to
develop their property to produce a profit, and asked what Mr. Jacobson would
like to see on the property.
Mr. Jacobson said something that would not add traffic to the area would be
acceptable, possibly a small professional office. Mrs. Romans said that the
present zoning would permit a professional office, but not a commercial office.
Mr. Jacobson said that commercial businesses like Norgren and Burt Chevrolet
push and extend the law until they ruin the neighborhood.
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Mr. McBrayer asked if there was any other opposition.
Jerry Valdes, 303 West Lehow, was sworn in for testimony. He said that he ~
is the president of the South Slope Homeowners Association. This development
has 52 units, with 24 more units planned. He said that the homeowners group
voted unanimously to oppose the granting of this rezoning. He said that the
traffic on West Lehow Avenue moves quickly and is already dangerous. He said
that South Slope is a nice development, which upgrades the neighborhood, and a
commercial district across the street will endanger future sales of the units.
He said he represents 130 people in the Association.
Mr. McBrayer asked what development Mr. Valdes would approve on the site. Mr.
Valdes said it could be a beautiful park. The power lines limit development.
A professional building would be acceptable if traffic was not increased.
Mr. McBrayer asked if there was any other opposition.
Ruth Jacobson, 369 West Rafferty Gardens was sworn in. She testified that
there is little land on the subject site that can be developed, and it slopes
to the water. A professional building which would limit noise and traffic
should be considered, she said.
Mr. Stark returned to respond to the speakers in opposition to the rezoning.
Mrs. Becker asked if a professional building had been considered, as it
would be permissible under the present zoning. Mr. Stark said professional
buildings are a glut on the market at this time. There is a strong demand for
a mixed use of professional and commercial office space, containing business
offices, contractors, small storerooms and retail uses such as drapery stores.
Mr. Venard asked what the total square footage of the building would be. Mr.
Stark said that only about 22,500 square feet are buildable outside of the
Flood Plain, using the Public Service easement for parking.
Mr. Valdes said that the traffic is a severe problem, and more traffic would
be dangerous. Children are living in South Slope, and this kind of development
would endanger them.
Mr. Allen asked why a business would endanger children. Mr. Valdes said that
the increased traffic going at least 35 miles per hour would endanger the
children; and business on the property across the street from South Slope would
endanger the values of the condominiums.
Mr. Jacobson said that there is an overabundance of business development in
the area, and they do not seem to him to be very successful. There is vacant
land in the · B-2 zone in the area which .could be better developed. Mr. Stoel
asked why the property has not been developed. Mrs. Romans said that Mr.
Brinkhoff planned multi-family use before he was killed in an airplane crash.
Over the past five years, several architects, planners and engineers have
contacted the City concerning development. None of them, as far as she
knew, had ever had an option on .the property, and the price of the land may
have made those plans prohibitive. She agreed that it would be a difficult
site to develop because of the Flood Plain and the utility lines, but it
could be accomplished.
Mr. Carson stated that if the property is rezoned to B-2, any use proper to
the B-2 district would be permissible. Mrs. Romans agreed that there would
be no restriction. There were no further comments from the .audience.
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Carson moved:
~ Becker seconded: That the Public Hearing for Case #21-84 be closed~
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AYES:
NAYS:
Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen, McBrayer
None
ABSENT: Barbre
Chairman McBrayer declared the Public Hearing closed.
Carson moved:
Magnuson seconded: That the petition for rezoning in Case #21-84 be recommended
to City Council for denial of a rezoning from R-3 to B-2.
Discussion followed.
Mr. Stoel, Mrs. ·Becker and Mr. Allen said they would have difficulty in sup-
porting rezoning when there were no definite plans for development, and there
can be no restrictions placed on a change in zoning.
Mr. McBrayer said that the property has not been developed under R-3 zoning,
and it is not the business of the Planning Commission to demand final plans
to insure proper development.
Mr. Stoel asked if a Planned Development could be applied to this property in
conjunction with the rezoning. Mrs. Romans said that was done in the 3200 block
of South Bannock. Mr. Marshall presented a Development Plan, saying he would
follow this Plan if the rezoning were granted. There were no objections from
the neighbors or the City, and the rezoning was granted. There was a similar
case with Rex Garret who made a contract with the neighbors. With no objections,
the development took place. Mrs. Romans said that Mrs. Brinkhoff does not
live in the area, and she does not want to develop the property herself.
Mr. McBrayer reviewed the wording of the motion.
Carson moved:
Magnuson seconded: That the Planning Commission recommend to City Council that
the application to rezone property located on the south side of Lehow Avenue
and approximately 750 feet west of South Broadway, from R-3, High-Density
Residence to B-2, Business District be denied.
AYES:
NAYS:
Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen
McBrayer
ABSENT: Barbre
Chairman McBrayer asked that Mrs. Romans explain the appeal process. She
said that notice would be sent to the City Council stating that the Commission
does not recommend the rezoning, and the applicant can appeal that recommenda-
tion to City Council, in which case, the Council will hold another hearing
with posting of property and notice in the paper.
IV. PUBLIC MEETING
Off-Street Parking Lot
CASE #22-84
Chairman McBrayer stated that the matter concerned layout, landscaping,
ingress, egress, number of spaces, ove~all appearance of the proposed King
Soopers Plaza, bounded by West Floyd Avenue on the ·horth, South Broadway on
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the east, West Girard Avenue on the south and South Bannock Street on the west.
He stated that the Connnission may approve, approve conditionally, or retu~n
the plan to the applicant for revision. Any speakers, he said, need not be
sworn in. He stated that the Commission had been furnished with a Staff Report
and drawings of the proposed parking plan.
Mrs. Becker said .that the parking lot is a piece of the whole project, and she .
would like to see how this parking lot fits into the development. Mr. McBrayer
stated that he would like to see elevation reports on this parking lot. Mr.
Carson asked if the existing trees would remain. Mr. McBrayer asked if the
Staff had anything to add. Ms. Powers stated that there have been some changes
since the Staff Report was sent to the Connnission. She said that there would
be landscaping on Broadway. Mr. McBrayer asked the applicant to come forward.
Mr. Doug Tweedy
Perez Associates
1380 Lawrence Street, Denver.
Mr. Tweedy stated that the parking lot would serve all the retail development in
the described area. There will be an agreement between King Soopers and the
other tenants concerning maintenance. The King Soopers store will be on the
northwest corner of the parcel of land. There is a two-story retail building
envisioned along Broadway. The Kaufman store will remain, and there will
be single-story retail businesses along the Parkway.
The parking lot will consist . of a ground level lot divided into 272 parking
spaces, with a one-story deck containing 144 spaces. The entrances to the lot
will be on Floyd Avenue and Englewood Parkway at approximately Acoma Street.
There will be an exit onto Floyd Avenue, which will permit a right turn only.
The spaces will be divided into regular and compact spaces. The deck has a
larger percentage of compact car spaces than the lower level, and the most
convenient spaces will be for regular sized cars. There will be signs indicating
the sizes. The parking will be at a 60° angle, and aisles will be one way.
The entrance to the parking deck is at the south end via a ramp. There are
three ways for a pedestrian to leave the parking deck--two elevators and a
stairway.
Mr. Tweedy said that the parking requirements for the site based on square footage,
including the Kaufman store, is 343 parking spaces. They are providing 416
parking spaces. Mr. Stoel asked if they were including the retail uses planned
on Broadway. Mr. Tweedy said they were included. King Soopers requires space
for 414 cars based on their peak season's need, and it is not anticipated that
their needs will fill the lot, so it will serve the entire complex. Landscaping
will be provided along Broadway, there will be a planter at the sidewalk level
that will run most of the entire length of the building. Trees will be planted
along Broadway. Additional trees and shrubs are planned. Mr. Stoel asked if
there would be any landscaping on the parking lot itself. Mr. Tweedy said there
were no plans for landscaping on the parking lot. Mr. Stoel asked if the setbacks
currently existing would remain along Broadway. Mr. Tweedy said the present
buildings are set back one foot from the property line. He said they are planning
to plant green mountain ash, and have consulted the City Forester concerning
various low-growing shrubs.
Mr. Tweedy said that the Broadway frontage would be a one-story building, with
a second level below grade. The effect will be an arcade with two-level walkways
entered at the two ends or center.
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Mr. McBrayer asked if the landscaping shown meets the landscaping requirements.
Mr. Stitt said that the landscaping requirements are met in terms of square
footage, number of trees, and green landscaping. Mr. McBrayer said that
credit is being given for the Parkway, making some of the landscaping on public
land. Mr. Allen and Mrs. Becker said that public land is not supposed to be
included in the landscaping requirement. Ms. Powers said that the City
arranged with the developer for the developer to pay for all the landscaping
and put some of it on public land. The alternative was for most of the land-
scaping to be on the interior of the lot, where it would not be seen. The
Landscape Ordinance requires 10% of the lot to be landscaped, and 5% must be
in live material; the developer can decide where to put the landscaping.
Mr. Carson asked how many parking spaces were in the old lot. Ms. Powers said
that there were. 443. Mr. Stitt said that King Soopers was exceeding the
parking requirements by a substantial amount.
Mr. Allen asked if Floyd would be one way. Mr. Tweedy said it would be two
way, probably with turns allowed only to the right.
Mr. Tweedy said that the parking structure would be concrete bordered by
precast concrete parapet, with feature strips.
Mrs. Becker said that she had understood that the structure would be brick.
She asked what material would be used for the store. Mr. Tweedy said all the
stores will be made primarily of brick. Mrs. Becker asked if the Commission had
a right to question the materials. It was decided that the materials used in
the construction is not a matter to be considered by the Commission. Mr.
McBrayer said it is difficult to make a decision without seeing the elevations.
Mr. Tweedy described the lights planned for the structure. They will be 25
foot standards with high pressure sodium lamps. They will be free standing.
There is a closer concentration of the lights under the parking deck. The
fixture is a rectangular box of anodized aluminum. It has been approved by
their electrical engineer.
Mr. Carson asked if the Division of Fire and Safety had approved the plans. Ms.
Powers said they have reviewed the plans. Mr. Stoel said the layout seems
all right, but the materials should be carefully considered. It is unusual
to be considering a two-level parking lot.
Mr. McBrayer said that, because this is the first step in the redevelopment,
it is very important, and all available information should be considered. Mrs.
Becker said that she was worried about the appearance of a concrete parking
deck.
Mr. Tweedy said that this will be very attractive, and the lower level will not
be obvious. Mr. Venard encouraged the applicant to work landscaping into the
area to help soften the structure.
There were no other speakers.
Carson moved:
Magnuson seconded: That approval be given of the parking lot layout for the
King Soopers Plaza in Case #22-84 with the following conditions: The
storm sewer pipe must be of steel, a standpipe and hose cabinet must be provided
on the deck, the easternmost north-south drive land is to be posted as a fire
lane. Signing of all fire lanes is to be coordinated with the Fire Marshal and
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all compact parking spaces are to be so indicated.
Mr. Allen encouraged the use of exposed aggregate.
AYES: Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen, McBrayer
NAYS: None
ABSENT: Barbre
Mrs. Becker stated that this parking lot is important because this is the first
step in the new development, and what is done will set the style of the entire
downtown development.
Mr. McBrayer asked that in the future, any applications concerning more than
one level be required to have elevation plans.
The Commission recessed at 8:51 p.m.
The Commission reconvened at 9:00 p.m.
Members present: Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen,
McBrayer
D.A. Romans, Assistant Director of Community Development, Ex
Officio
Members absent: Barbre
Also present: Senior Planner Susan King
Mr. McBrayer said that the Commission had invited Mr. Ernest P. Romans, Parks
and Recreation Director, to discuss the South Santa Fe/Platte River Greenbelt,
and the possibility of a median down Oxford from Santa Fe to Broadway.
Mr. Romans said that his main presentation would concern the trails, with some
discussion of the Community Center and the Golf Course. The median between
Santa Fe and Broadway along Oxford will take some study, and maintenance is
even more expensive than the original development of a median.
He said that after the 1965 flood, the necessity of building Chattfield Dam
and improving the Platte River so that it would carry more water more efficiently
was evident. Landscape architects had for years planned to beautify the Platte,
and all of these things have come ·together in the last 19 years. The City of
Littleton led the way in making a park of the South Platte River. They are also
rip-rapping the river to make it more stable. The Littleton Open Space Park
will follow the Platte all the way to the Chattfield Dam. The area from Oxford
to the Dam will be a continuous trail with some areas developed with groomed grass
and some areas in a natural state. The Cities of Denver and Englewood are also
working on the trail.
There are three trails which affect Englewood. Urban Drainage, the State Park
and Outdoor Recreation District, the City of Littleton, the South Suburban
Parks and Recreation District, the City of Englewood, and the South Platte River
Greenway, Inc. headed by Joe Shoemaker, are all working on the trails.
Trail No. 1 is a demonstration trail 28 miles long, starting at Hampden, following
the north side of the Platte River, past Bear Creek, past Sheridan and Federal
Boulevard up to Kipling, where it will turn north to Sanderson Gulch. It will
follow the Gulch east to Ruby Hill, and will connect with the Denver Greenway
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trail, turn south, and will end at Bates Avenue.
This trail is sponsored by Governor Lamm, and the State Parks donated $300,000
to Joe Shoemaker for the project, with the understanding that he would raise
any necessary additional money. The maintenance will be done by whichever
City the trail is running through. This should be completed in August, 1984.
Trail No. 2 will run through Englewood ·from Bates Avenue to Hampden. The South
Suburban Foundation, Bow Mar, Englewood, Gates and the Piton Foundation have all
supplied money for this trail which will be maintained by the South Suburban
Parks and Recreation District. It is expected to be completed in the Fall.
Trail No. 3 will go from Hampden to Oxford, through the golf course. It is
sponsored by the City of Englewood, and funded by Englewood, Piton, and a matching
grant of $100,000. The Army Corps of Engineers will give $73,000. The budget
is $260,000, with benches and a parking lot adding the total to $300,000.
Mr. Romans reviewed the history of the Englewood Golf Course, which was opened
in 1976. It was built on a landfill which requires watching. There have been
drainage problems, which will be alleviated by some big drainage pipes put in
last spring.
The SPARE TIME section of the Rocky Mountain News ran a comparison of all the
metropolitan golf courses, and said that the Englewood Golf Course is an attractive
and inexpensive course.
Mr. Romans said that the Community Center is under construction, and will contain a
swimming pool, lounge, office, reception area, racketball and handball courts,
and a weight room. The City will pay about $18,000 a year. There will be a
game room, adult activities, kitchen, youth activities and facilities for dance,
fitness, walking and running. There will be a track on the second level. The
Community Center will operate seven days a week from 8 a.m. to 9 p.m.
Mrs. Becker suggested that there be supervision and teaching in areas such as
the weight room to avoid injuries which might result in law suits.
Mr. McBrayer asked about the South Santa Fe Corridor. Mr. Romans said there is
work in progress on West Dartmouth, and City Council has appropriated money for
the beautification of Hampden at the City limits. For further information he
suggested the Commission contact Kells Waggoner.
Mr. Romans said that he would encourage the development of a median on West Oxford,
but there no plans in existence as far as he knows. It would require study regar-
ding the width of the street, width of the median and whether there would be
parking along the sides.
V. PUBLIC FORUM.
Mr. McBrayer noted that there was no one present to address the Commission.
VI. DIRECTOR'S CHOICE.
Mrs. Romans reminded the Commission of the meeting on June 12 at 7:30 p.m. in
the Community Room. The meeting ·will be with some representatives of the senior
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citizen community to discuss the type of facilities the senior citizens would •
like to see in apartment or condominium units.
The Public Hearing on the Fairgrounds zoning will be June 26. Mrs. Romans called
the Commission's attention to the memorandum given to the -Commission from Susan
Powers saying that City Council had at first rejected the recommendation of
100 foot limitations in height in the .B-1 district,. but will reconsider if there
can be a Public Hearing. Mrs. Romans suggested that this meeting be held on the
third of July. She said that she had given the Commission an article on Adaptive
Uses, which she thought would help in considering what to do with abandoned
school ·buildings and houses such as the Brown House on University and Dartmouth.
She has been in touch with Richard Brasher, the Highway Engineer for District 6,
and a meeting will be arranged with his staff. She asked the Commission if it
would be p ermis~ible to waive the fee if a developer for the Brinkhoff property
came in with a specific plan. The Commission decided that the amount would be
insignificant to the developer, but if the staff wants the flexibility to
waive the fee, that would .be acceptable.
VII. COMMISSION'S CHOICE.
Mrs. Becker said that Foringtons and Klode on West Evans and West Union are both
parking wrecked cars on the street, and working on them there. She said that
there are still problems with too many people in the house at Yale and Pearl.
The meeting adjourned at 10:10 p.m.
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